HomeMy WebLinkAboutBoard of Adjustments and Appeals - 07/08/1974 MINUTES
ZONING BOARD OF APPEALS MEETING JULY 8, 1974
7:40 P.M.
Members Present: Paul Choiniere, Tony Hirt, Don Sorenson, and James
Wedlund.
The chairman Tony Hirt opened the meeting by asking the petitioner, Brad
Frisk to present request for a variance.
Mr. Frisk explained that with a ten foot deck added at rear, there would
be only a fifteen foot usable lawn area remaining. He also showed that the
next home that he would build ( next door ) would have a thirty three foot
set back.
Don Sorenson asked if twenty feet is the required minimum rear yard and
if this could not be accomplished with a ten foot future deck. Mr. Sorenson
asked Don Hess of The Preserve if he was aware of any problems with this
lot. Mr. Hess indicated he did not consider it to be a problem lot.
Mr. Tony Hirt explained how the Board of Appeals had to abide by the rules
of the Zoning Ordinance.
Brad Frisk explained how the owners would be deprived of a backyard similar
to other people.
• Brad Frisk presented a statement saying the homeowners were in agreement with
the variance request.
Don Sorenson explained that a variance must be for an exceptional situation
which could not be common to other builders. Mr. Sorenson explained how
Westwind was platted for smaller homes.
Mr. Frisk said he felt that a variance would be next to impossible to get
based on the rules that the Board must follow. Don Sorenson said it was
very difficult to grant a variance unless the Zoning Ordinance is changed.
Don Hess suggested taking a pole to see how board members felt. Tony Hirt
said he would like to see members of the board express their opinions, but
keeping in mind that the Zoning Ordinance and P.U.D. requirements are set at
a minimum.
Different ideas were given by board members, Don Hess and Mr. Brad Frisk.
Paul Choiniere said he saw that part of the problem was that large rocks
were placed at rear of the yard and a line of trees existed at the rear of
the lot.
Paul Choiniere and Jim Wedlund asked if the main reason was that the builder
wanted to enchance the appearance of the rear yard.
Minutes -2-
Zoning Board of Appeals July 8, 1974
• Paul Choiniere wanted it to be called to the attention of the Planning Commission
and City Council that the Zoning Ordinance set back should probably be measured
from the center of the street on cul-de-sacs.
Paul Choiniere suggested that the problem probably is with the size of the lot
as platted.
Brad Frisk expressed that he wanted to build a decent house that would not be
detrimental to the area and he wondered why the board's hands were so tied
that they could not solve this problem.
Discussion followed on the size of lots in The Preserve.
Don Hess expressed his hopes that something could be done in the future about
possible variances. He said he realized that a vote would be taken but sug-
gested that a "not probably" should be added indicating the difficulty the
board has operating under the rules of the Zoning Ordinance.
Tony Hirt suggested taking a vote on criteria questions separately.
A - No
B - No
C - No
D - No
E - Yes (3) - No (1) (Sorenson)
• Don Sorenson made a motion that the variance be denied based upon the finding
of fact heretofore found by this board. The motion was seconded. All voted
in favor of the motion.
Don Sorenson made a motion to adjourn the meeting. Paul Choiniere seconded
the motion. The meeting was adjourned.
Wayne R. Sanders
Secretary