HomeMy WebLinkAboutBoard of Adjustments and Appeals - 10/24/1974 - t
MINUTES
BOARD OF APPEALS AND ADJUSTMENTS MEETING
iThursday, October 24, 1974 7:30 P.M. , City Hall
Members Present: Tom Cebulla
Tony Hirt
John McCulloch
Don Sorensen
Jim Wedlund
I. MINUTES OF SEPTEMBER 26, 1974
The minutes of the September 26, 1974 meeting were approved as read.
II. VARIANCE REQUESTS
CASE I.
A motion was made by Don Sorensen and seconded by Wedlund that the Board
of Appeals and Adjustments recommend to the City Council that Lots 1 and
2 of Block 1, Claredon Park, according to plans dated January 2, 1974,
be approved as one building site with the following conditions:
1. Lots 1 and 2 be combined into one lot.
2. A 14 foot variance is necessary on present lot 1.
3. A 3 foot variance is necessary on present lot 2.
• 4. Parking be permitted in setback of present lot 2.
5. Planting and earthberm on southeast corner be pulled back from
corner an amount acceptable to the Building Department.
6. The Austrian pine planting in proposal be increased from the specified
4-5 foot height to a 5-6 foot height.
All members voted in favor of the motion.
CASE II.
Appeal of the Dietrich Company for interpretation of Ordinance No. 135
pertaining to use of office space within an industrial park for a dental
office.
John Crouch, attorney for the Dietrich Company, contended that the dental
office met the public or quasi public classification of Section 8.2C of
Ordinance No. 135. Mr. Crouch felt that what he was asking for was more
benign than an industrial use. Mr. Crouch asked Dr. Jim Osberg to explain
what his intentions were for use of the office space.
Dr. Osberg explained his viewpoints on not being able to find any other
office space to rent. He also said he had been promised space in the Edenwest
office building but the builder did not fulfill his promise.
•
w
-2-
Tony Hirt asked Wayne Sanders if any new information was available since
• the October 23, 1974 memo was written to the Board.
Mr. Sanders stated that:
1. Similar zoning in adjacent cities would not allow dental offices in
this type of zoning.
2. Keith Simons said that he felt that a dental office would definitely
not be a public or quasi public use.
Mr. Sorensen quoted various sections of Ordinance No. 135 where public or
quasi public use means a governmental building or a fire station. He
explained that when the Ordinance states supporting or related commercial
uses it meant that it was directly tied to an already existing use of the
building such as a food service for employees. He said that he discussed
this problem previously with Dick Putnam and both parties agreed on the
question of occupancy.
Sorensen said that with this in mind he made a motion to deny the inter-
pretation of Section 8.2A,B,C to allow office space in an industrial park
to be used as a dental office.
Discussion followed and Tony Hirt explained that his feelings were in line
with Don Sorensen's.
Mr. McCulloch suggested that the applicant appeal to the City Council for
temporary help if necessary.
• Mr. Sorensen suggested that the City staff and City Council consider the
occupancy permit and conditions that might occur in an office warehouse
building.
All members voted in favor of Mr. Sorensen's motion.
Mr. McCulloch requested that Mr. Heinrich place the item on the council
agenda as soon as possible if the people represented at the meeting so
desire.
Sorensen recommended that the City Council adopt an occupancy permit process
ordinance with an inspection fee to cover the costs.
All members voted in favor of this recommendation.
Mr. Sorensen requested that the City Council direct the staff to inspect to
see if the buildings have proper occupancy permits.
All members voted in favor.
The proposed Ordinance No. 270 was passed out for study.
Motion to adjourn the meeting was made by Wedlund and seconded by Sorensen.
All members voted in favor.
Wa t. Sanders
Y
Building Official