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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 07/15/1976 DRAPP • KWUTZS BOARD OF APPEALS. AND ADJUSTWTS Thursday, duly 15, 1976 7:30 P.M., City Fall MDUM PRESM Chairman James Wedlund Janes Cardinal Thomas Ceballa Joan Meyers MDMW ABS]Ws Donald Sorensen STAPT PRZMWTt Wayne Sanders, Building Official OAS PMENTs Mr. & Mrs. David Gilligan, Glen V rsh, Ndina Realty, Brace Jorgensen, Berowl.-Sseby, Mrs. Borgerding, and ter. L. J. Flesher Chairman Wedlund called the sleeting to order at 7s45 P.M.. 1. ALUM QF K_MM Or JUNE 17, 1976 MMM & X&r 17, 1976 Cardinal moved to postpone approval. of Mirmtes of June 179 1976 and May 17, 1976, because of questions that Sorensen had. Cebulla seconded, . Wtion carried. U. t driveway II house) to r1nin t from side of e t fro�Scath :. Wedlund asked Gilligan to present his ease. Gilligan said you have my story in writing, and continued that this property consists of 93 acres. He said he made an offer on five acres, house, pool, and garages and the surveyor laid out the property to retain the most advan- tageous use of the laud and for further development. He added that we are too close to the lot lines as far as the building is concerned and the house is up on the hill, with no way of getting up except one side. Wedlund inquired whether the property was purchased. Gilligan responded that he has made an offer pending approval of these variances. Wedlund asked whether the bank in front is owned by present Owner, and whether the owner plans on developing this property. Sanders answered affirmative. Mr. Glen harsh, Bdinnaa Realty, speaking for Mrs. Borgerdiag, felt there were variances that would make a unique and creative property out of this, and claimed it was not too steep to develop. Mr. L. J. Flesher, 14000 Research Rd., pointed out error made by srurve"r. He added that he has 25 acres and has an interest in the future of the lands and further stated that he was opposed to cutting out chunks of land to snit one party. Minutes - Board of Appeals Page Two and Adjustments Unapproved duly 15# 1976 • Marsh appologised for the error on the. part of the planner. He said that we know this land is residential on the Qaide Plan, but plans for future develop- ment are not determined at this time and not subject to this meeting. He added that he is representing the owners on division of this parcel only, but would be very happy to talk about the plane for remaining lands# but would want to have appropriate plans, drawings, ate. in order to make an intelligent presenta- tion. Wedlund asked why the property lines oov]Atnit be moved so that it meets the proper zoning. Marsh responded that such novage would not achieve the purpose of Gilligan's usuage and our fathre development plans. He stressed that this steep bank would not be a dormant piece of wastelandv and if property line were moved around, he feels we will destroy a very beautiful piece of land. Wedlund commented that you will also have looked in the property. Marsh explained that the builders are thinking of running a rim type road down at a level to give adequate clearance and not to out off view for Pilligan; this would run parre3C41 to this property. Meyers asked whether Gilligan was aware of the development around him, and whether there was a possibility that the access will change, Gilligan answered that as long as he owns the five ages, he will have the sasemxent to Research Rd.. • Meyers asked whether the right of easement carried with the right of property. Gilligan answered affirmative. Flasher referred to joint driveway, and his intention, of selling off * more lots in the ftture. He felt that people should let the Council know what they are planning to do with their land. Sanders was concerned with the future roadway and questioned whether it would serve one larger lot or multiple reeidenoes. Meyers cpoket tat':the Purgatory Greek StUAY. rn. slopes of Starring hake Valley, and said the City has a vested interest in preserv- ing the valley characeter. She disagreed with the suggestion that the bank would be a wasteland, commenting that this slope could preserve the character of the valley. Mrs. Borgerding, owner of the property, asked how many people had seen the pteOdi of property# and invited the Board members to come out and"welk the land" this evening. Mrs, Borgerdingexplained that she wants only to sell her house, and is not talking about developing the rest of the acreage, because she feels it will take another five years to sell. Meyers commented that their approach creates many questions among members of the Board as to potential damage done to the rest of the acreage. She suggested a re- platting of the five acres to conform to rural coning. Cabana agreed with Meyers, and added that usually when there is a hardship of some kind, we are asked to alleviate this by granting variance, but if there is another solution, this should be considered first. He felt that by granting this variance, we would be creating more problews, because we will have more people ard �Addjustmmeenntts of Appeals Unapproved Juully 151, 6 • appearing before the Board to ask for variance. He did not feel it was a reasonable request. Cardinal oonmented that he could see future problems for the Board and *W- body that wants to bay land on the bluff area, and that after it is bought they want to come in and have us solve their proplem of erampness ete.. He added that if it were his land, he would be very careful hog it was sold be- cause it would emasculate the value of the land in the future. Mrs. Borgerding was concerned that she would have to have a plan for 93 acres before she can sell her house. Wedland responded that she has alternatives if the Board refuses the request. He added that the land does not have a right of way on the lot, and the side hard, front yard, and front footage on a road- way does not comply with the Ordinance. He asked whether Gilligan could buy additional property to come down to the road. Wrs. Borgerding said he did not want to bay it because it is useless to him and feels it would only raise his taxes. MJTIONs Gsbulla moved to table the request until neat scheduled meeting to grant opportunity td ambers of the Board to personally visit property in order to gain more information in order to make up their mind on the matter. Motion died for lack of a second. Cardinal asked whether tabling the matter would create a hardship. Mrs. Borgerding • responded that it would, for herself and the Gill.igans. Board members accepted invitation to drive out to the property that evening. Members returned at 9sl5 PM. Wedlund asked for new thoughts or questions. It was generally agreed by the members that the property could be planned to meet the requirement-of the 3WI footage, and that by leaving the steep bank ua- attached, it would create future problems for the City. Marsh summarised that he wanted to thank the ambers for going out to look at the site, because this is usually not done, and asked that they keep in mind that the remaining land is owned by people that are concerned. He said this plan was pre- sented in the fall, knowledge of the City's Ordinance and they do not feel it jeopardizes future land use. He said that Gilligan felt that was the best use and asked that it be approved as presented. Wedlund explained that it is the policy of the Board to help out prospective par- ties moving in 74en Prairie and current residents, but their primary job is to look to the future. He said there are certain guide lines we have to follow to render a decision, and this is not an easy one. He felt they would be setting precendents by allowing this one. The question of the selling of the read was brought up. Cardinal asked whether it wouldn't have made more sense for the road to be an easemgent, rather than to bay • the road. Minutes - Board of Appeals Page Four and Adjustments Unapproved July l5, 1976 • Mr. Bruce Jorgensen, Bsrmel-Smaby Realty, said he had talked to the City Bno- gineer, and he had fel* it would bea step farther from,bang a lanaacked parcel. Marsh added that if the City felt an easement would be better, it would be acceptable to then. Flasher felt you were forcing a subdivision by selling the roved. Jorgensen responded that if you buy a piece of land, does{ it matter whether there is gravel on it or If you grow something there, and the only interest on that road would be Gilligasls. XMIOH: Cebmtta moved that whereas, the request for variance from the required 300 feet of frontage on a city road to 33 feet is an extreme variance, and whereas, the five acres of property can be laid out to encompass the existing building in such a manner so as to comply with the existing Ordinance requirements regarding front and sideyard setbacks, without undue hardehip, and whereas, there are other alternate solutions to be arrived at without undue inconvenience, the present regaest for variance be denied. Meyers seconded. Motion carried unanimously. Wedlund informed them they had the right to apWoach the City Council or a oourt of Law to appeal our decisions, if you so desire. III. Wedluad said that he went before the Council to request some action regarding the Hamilton ease, which he felt was very unfair. He said it was a question of rural soniag and property division. He continued that Mr. Parbiz, City Attorney, stated that if any time in the past, Council action has divided property, it anlwsatieal]y became. buildable land. He said the question he had was, how do we sons it? Sanders requested that Meyers bring this to the attention of the Attorney and City Engineer, and that she emphasise that we need some policy decision. He suggested the re-soning of that kind of lot, which will not hold anything more than a house, and zone it R-1. Cebulla was opposed to "spot zoning", and felt we should stick to a consistent plan. Cardinal felt that a written reply be requested from the Council. Wedlund informed the members that a call was received from Mr. Eugene R. Reilly, who stated that he wanted to withdraw his request for variance. Cebulla moved to adjourn the meeting at 1005 P.M.. Cardinal seconded, motion carried unanimously. Submitted by* Donna Stanley, Recording Secretary