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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 07/21/1977 UNAPPROVED MMTES ZONING HOARD OF APPEALS AND ADJUSTMINTS Thursday,; July 21, 1977 7:30 PM, CITY HALL MEMBERS PRESENT: Chairman James Wedlund, Richard Lynch, Ronald Krueger, and James Cardinal MBEAS ABSENTS Roger Sandvick STAFF MOM: Carl Jullie, P.E. Director of Public Works I. twTS' OF THE MtY 14, 1977 XMIN • Tabled until future meeting. II. Variancerequest� from Kent D. & Julia A. Molde for a.10 foot mat rard etbaok variance for Lots, B. act Fa . City Engineer Jullie spoke to the proposed variance and the present '91-22 zoning of the property, requiring a 30 ft. front yard setback. He explained it was a subdivision divided into two plate, with the right-of-gray to be public, and the street to be private. He further explained that to the north of the site, the land was steep, and to the east, mature trees prevented any further encroachment in that direction. He spoke to the communication by the City with Mr. Carnes, owner of Lot C, who indicated no objection to the request. Lynch questioned whether the owner of Lot C would have the same problem when developing his Lot. Wedlund respond that after looking over the area, he noted that Lot C was quite high, and any development would probably be back to the left, rather than to the cul-de-sac, and added there were no large trees to consider. Wedlund spoke to communication with Mr. & Mrs. Bruce Brill, the party immediate- ly next door, who indicated no opposition to the variance and asked him to re- late this to the Board. Wedlund expressed concern that the lot immediately in front was roughly approx- imately a one acre lot, and it had to be subdivided in order to come up with the right-of-ways for the road. He noted that because of this property division, that property becomes buildable, according to the City. Jullie explained that the Carnes property was subdivided, and part of the re- quirement of that division was that residence be combined with the other lot, and in essence we have no lot less than the required lot size. He added that the lot was split, with part of it going into a lot, and a part added to the existing lot, for access purposes. Cardinal inquired about the utilities. Jullie responded that there was no request made, and that no extentions were available at this time. added that drainage is adequate at this time. r• Zoning Bd. of Appls. and Adjustments - 2 - Thursday, July 21, 1977 Wedlund informed Mr. Molde, the applicant for the variance, that sewer and water may be installed on their street at some time. MTIONs Cardinal moved to approve the variance request for a 10 foot front yard setback, in view of the importance of saving the trees; the size of the lots; a variance of this type on cul-de-sac not having the effect of encroach- ment that it might have on a street; no hazard to residents near by, now or in the future; and subject to satisfactory evidence of dedication of street to the City or adequate access to a public right-of-way. Krueger seconded. DISCUSSIONS The question of the hold-up of process because of dedication of the street was discussed. Mr. Carnes, 7036 Willow Creek, explained that approval of the zoning was subject to dedication of the street. Jullie suggested there should be some documentation for the protection of the Moldes of guaranteed access to the street. Mr. Molde responded that it was in the wording of his contract for deed with Mr. Carnes. VOTES Motion carried unanimously. III. Variance r2auest - m B.A. o V. from the mijaimum. lot sizei e I-Generalning distrIct for Pargel Section 9. Jullie spoke to the property, and located it on the corner of Highway 5, next to Martin Drive. He explained that the applicant is requesting appro- val of a division of Parcel 4894, which will result in two separate parcels, one having .84 acres and the other 4.67 acres. He added that the Tobin Arp Mfg. building is already encroaching on more than one-half of the .84 acre portion, therefore it is reasonable to add this portion to parcel 4870, and the 4.67 acre portion of Parcel 4894 is close enough to the 5 acre minimum to allow proper development of a general industrial character. Mr. McDonald, of the N.L. McDonald Real Estate Company spoke for Mr. Arp, one of the landowners and chairman of the Board for the property. Parking facilities were discussed, with Arp explaining that they have ade- quate parking for their present needs, which was to the south of the build- ing and to the east. Wedlund felt we would be creating an illegal piece of property, and that presently it is under the grandfather clause, but will it meet regulations for parking according to the Ordinance. Jullie suggested approval subject to this parcel and the building, and the parcel meeting building requirements • for coverage, and added that this is an existing use. He farther added that it was important that the lot have the capacity to expand if the business expands and questioned McDonald whether this would be a problem. Zoning Bd. of Appls. and Adjust. - 3 - Thursday, July 21, 1977 McDonald responded that the building was 100 ft. b 00 ft., or 000 f po g y 3 •� 30, sq. t., with 30 employees presently working in the building. Jullie suggested an option to take more off parcel for parking. McDonald said they are trying to remedy an error made a year ago, and he believe that you have to live with what is there or not buy the property, speaking to prospective buyers. Krueger commented that it appears the site is a problem, and he requested more definite plans as to how the parking spaces could be provided. Moving the north property line another 25 or 35 feet was discussed, to provide more adequate space for parking. .Lynch, speaking to the 90 parking spaces required for 30,000 sq. ft., found it difficult to see for only 30 employees,, and was in favor of extending north pro- perty line to provide enough space for more parking spaces, if needed by future owner. Wedlund responded that he was considering the future, and the possibility of a new owner having more employees. McDonald spoke to moving the property line, and felt it would be very expensive, and re-stated that they felt there was enough parking space now. Wedlund asked how urgent the action taken needed to be, and said he would like more information as to how much land use is around the building and come back • in a month. McDonald responded that their feelings are that this site should have been sold already, and have had very sincere interest in it, and it could happen that the opportunity to sell it will come within the next month. Arp commented that he would like to have adequate parking in case they do sell, and would not want to leave it in a position so it cannot be sold, but he felt that we could not go overboard just for their use. Wedlund pointed out that the property will be removed from the grandfather clause, and could be subject to all the requirements of adequate parking spaces and screen- ing of the dock etc. in order to comply with the code. McDonald spoke to the improvement to the buildings by Tobin Arp, and to the possi- bility of spending a large amount of money on the site. MOTIONr Vedlund moved to continue this item until the next meeting, at which time a more detailed plot that .the building is on, showing square footage around the entrance of the building and parking purposes, be provided by the applicant; and to reauest that City Engineer Jullie obtain-an opinion as to status of the proper- ty, and whether it will be removed from the grandfather clause, •requiring com- plianoe with the present code►. Lynch seconded. DISCUSSIONx Jullie did not feel that adding land to a parcel is improving it to the extent that it would take it out of the grandfather clause and require the upgrading to meet the present code. Lynch commented that Mr. Arp should know wiv,whether this action would take the property out of the grandfather clause, and it was important to get the City Attorney's opinion. Bldg. Bd. of Appls. and Adjust* - 4 - Thursday, July 21, 1977 Mz, Bill Foster, Calhoun Realty, suggested the creation of a new parcel as an option, and said he would like to avoid the month delay. Cardinal requested an amendment to the Motion to change the meeting date to one week, July 28th, rather than one month. He added that any problem that ire- see ,,, now, will be a problem in the next 25 years. Wedlund accepted the amendment. IIONt Wedlund moved to continue this item until one week, July 28th, at which time a more detailed plot that the building is on, showing the square footage around the entrance of the building and parking purposes, be provided by the applicant; and to request that City Engineer Jullie obtain an opinion as to status of the property, and whether it will be removed from the grand- father clause, requiring compliance with the present code. Lynch seconded. Motion carried unanimously. IV. Re2ei vA memo dated 6 7/77 regarding review of RMDWty divia ons Jullie spoke to the memo containing a breakdown of 21 administrative type land divisions which have been approved by the City Staff according to Ordinance No. 161, or by City Council without formal platting. He ex-- plained that he had found a lot of circumstances where there was an exist- ing building on the land, and the owner wanted to se11 the "teat of the pro- perty, or where people have no frontage on any road and want to sell their land, and other situations where the rural property cannot be platted. • Wedlund felt the information provided was very useful, making it possible t0 review: the past to help determine what we can do in the future. Krueger suggested that applicants have more detailed information when appearing before the Board, with enough evidence to rely on to make a decision. Jullie spoke to the four steps listed on the memo, pertaining to the pro- cedure that will be followed regarding land divisions in the Rural zoning district as outlined in a mom to the City Council dated February 119 1977, and asked whether it made sense to the Board. He asked the Board to review his memo and respond to situations where they would definitely not approve variances and any other comments they would like to add, in order to develop a policy we can all follow. Wedlund, addressing Lynch, asked whether during Planning Commission neetinge, the possibility of changing zoning from rural to one acre has been discussed ' in such areas as Mitchell Road etc.. Lynch responded that the Commission reacts to proposals brought before them, rather than discussing areas such as mentioned by Wedlund. He felt the key was the existence of sewer and water present now. Wedlund noted that the Memo of June 73, 1977 received from Jullie, was received and filed for future reference. • V. Ad i ti onal item of business - None. VI. ADJOYRN1M Cardinal moved to adjourn at 10:00 Phi, seconded by Lynch. Lotion carried unanimously. Submitted by - Donna Stanley, Recording Secretary