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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 11/10/1994 APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, NOVEMBER 10, 1994 7:30 P.M. , CITY CENTER 8080 MITCHELL ROAD ATRIUM CONFERENCE ROOM BOARD OF APPEALS MEMBERS: ARTHUR WEEKS (CHAIR) , CLIFF DUNHAM, DELAVAN DYE, CORRINE LYNCH, RONALD MOELLER, KATHY NELSON, MARY VASALY STAFF PRESENT: JEAN JOHNSON, COMMUNITY DEVELOPMENT DEPARTMENT SHARON STORHOLM, SECRETARY BOARD MEMBERS ABSENT: NELSON CALL TO ORDER -- ROLL CALL . Chairman Weeks called the meeting to order at 7 : 30 P.M. Nelson was absent and Vasaly arrived at 7 : 35 PM. I . APPROVAL OF AGENDA Johnson suggested that the agenda be amended to add Item D (Variance Request 92-12 ) by Dennis Sherwood. There were no objections . MOTION: Moeller moved that Variance Request 92-12 be added to the agenda. Dunham seconded the motion and it passed unanimously. II . MINUTES OF OCTOBER 13, 1994 MOTION: Dye moved that the minutes of the meeting of October 13, 1994 be approved as submitted. Dunham seconded the motion and it passed with Lynch and Moeller abstaining. III VARIANCES ---- Board of Adjustments and Appeals ---- 1 J Weeks explained the order ofJthe variance proceedings to those in attendance. A. Request #94-29 by Geri Baakkonen for 6251 Beach Road to permit a side yard setback of 3 feet. City Code requires a 50 foot side yard setback in the Rural Zoning District. Peter Rowland, a contractor, came forward to present the variance request. He said the lot under consideration is a rural area where a 50 ' side yard set back is required. They are asking for a 3 ' setback. A 5 ' balcony may be built on the home so a variance may be needed. The same family owns the neighboring property which would be affected by the setback variance. The property where the home is located is 2 . 9 acres and the site to the south is 4 . 8 acres . Johnson noted, in response to a question from Vasaly, that the property to the south could be sold, but to build on it would require a variance or rezoning. This property is in rural district. The home was built in 1978 and a setback variance was granted then because of the topography. At some point redevelopment will take place and then the lot line can be shifted to meet a required setback. Dunham asked if someone could purchase the southern property without knowledge of the building restriction. • Johnson said that is unlikely. It could be required that when development occurs on the 4 . 8 acre site, then some land would be given back to the property under consideration this evening. MOTION: Dye moved that the Board grant Variance Request 94-29 since it will not substantially alter the character of the 2 Rural lots the applicant owns . Vasaly seconded the motion. Moeller suggested an amendment that the variance be granted on a condition that upon the future sale of the southern property, the lot line setback comply with code. Dye and Vasaly accepted the amendment. The amended motion passed unanimously. B. Request #94-30 by Dale Horihan for 10529 Lee Drive to permit a lot width at the street of 62 .99 feet. City Code requires 70 feet of frontage on a public street. Dale Horihan and his neighbor came forward to present the Variance Request. Horihan said he had built the house and the utilities were placed on the lot line. A chain link fence was constructed and it was assumed that the fence was on the lot line. The neighbor had applied for a permit to build a deck ---- Board of Adjustments and Appeals ---- 2 and it was then that it was discovered that the fence was not on the lot line. Both neighbors have agreed to relocate the • lot line but a variance will be necessary for the lot width at the street. Johnson said that some neighbors have inquired about the variance, but there has been no opposition as long as the fence and plantings remain the same. Engineering has reviewed this and has no objections . The easements will remain the same as they are now. MOTION: Moeller moved that the Board approve Variance 94-30 since the fence has been in place for many years and both parties are happy with the situation. Dye seconded the motion and it passed unanimously. C. Request #94-17 by Maribeth and Mark Tanen for 6525 Rowland Road (1) to allow a 0' setback for a driveway length of 75 feet and clarify the location of the previously approved driveway (Code requires a 3 foot setback) . The remainder of the driveway will conform to code, (2) to allow a new garage to be located 9 feet from the side lot line (Code requires a 15 foot setback) . Weeks noted that a letter had been received from Tanens which • explained why the request has been rescinded. Staff met with the applicant and neighbor twice. The designer re-evaluated other alternatives and discovered the survey used by the proponent was off by 8 feet and there would be more fill and cost involved. Instead, some minor driveway changes will occur. Johnson explained that rescinding the request will mean the Council does not need to act on the appeal which was made by the neighbor. The applicant can reapply in the future if they wish. MOTION: Dye moved that the Board rescind Variance Request 94-17 . Vasaly seconded the motion and it passed unanimously. D. Nullification of Variance Request 92-12 Weeks noted the letter from Johnson regarding the nullification of the variance which had been granted in 1992 . The time table for this variance has lapsed and the applicant has not complied with the conditions of the variance. The City Attorney's office has the complaint and it will go through the court system. The Judge may give a deadline, a penalty, or a jail sentence. ---- Board of Adjustments and Appeals ---- 3 MOTION: Vasaly moved that the Board approve the action of the Zoning Administration to terminate the variance. Moeller seconded the motion and it passed unanimously. IV. OLD BUSINESS Weeks noted the meeting with the City Council was cancelled and asked if a new date had been set yet. Johnson said a new date had not been set. V. NEW BUSINESS Johnson noted that next month there is a sign variance request from a townhouse, and a rear yard setback request/possible shoreland. VI ADJOURNMENT MOTION: Moeller moved that the Board adjourn. Lynch seconded the motion and it passed unanimously. Meeting adjourned at 8 :40. • ---- Board of Adjustments and Appeals ---- 4