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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 02/12/1998 APPROVED MINUTES BOARD OF ADJUSTMENTS AND APPEALS THURSDAY, FEBRUARY 12, 1998 7:30 P.M. CITY CENTER COUNCIL CHAMBERS 8080 MITCHELL ROAD BOARD OF APPEALS MEMBERS: Vice-Chair Cliff Dunham, William Ford, Louis Giglio,Matthew Hansen, Michael O'Leary STAFF LIAISON: Zoning Administrator,Jean Johnson CALL TO ORDER Vice-Chair Dunham called the meeting to order at 7:30 p.m. ROLL CALL Board members Nelson and Dye were absent. • 1. APPROVAL OF AGENDA MOTION: Giglio, seconded by Hansen to approve the agenda as submitted. Motion carried 5-0. 11. APPROVAL OF MINUTES -January 8. 1998 MOTION: Hansen, seconded by O`Leary, to approve the January 8, 1998 Minutes of the Board of Adjustments and Appeals as submitted. Motion carried 5-0. III. VARIANCES A. Request No. 98-2 by Tim and Lori Christian for 11740 Riverview Road to allow a 12' x 12' accessory building to be placed five feet from the rear and side lot line(Code requires a 10-foot minimum). Tim Christian, the applicant, told the Board he had built a 144 square foot accessory building in his back yard and placed the building within five feet of his property line without knowing the City's minimum setback was ten feet. He added he was not aware that he would need a building permit for this type of structure. Mr. Christian acknowledged that it was his responsibility to check with the City to find out if a building permit would be required. BOARD OF ADJUSTMENTS AND APPEALS February 12, 1998 Page2 Mr. Christian said he was not try to "get a way" with anything, and in fact, spent extra money to buy materials that would complement his home and enhance the appearance of his backyard. Mr. Christian offered for consideration two letters of recommendation from his adjacent neighbors. As his hardship, Mr. Christian explained the extra expense that he would have to incur to have the concrete slab removed and replaced in a different location in his yard and moving the structure would make it more visible to neighbors. Dunham returned the floor to the Board for questions and comments. Hansen asked the applicant if there had been any drainage swails obstructed by placing the building in its current location. Mr. Christian said, no. • O`Leary stated Mr. Christian's explanation was clear, and he had no questions or comments at this time. Mr. Giglio asked Mr. Christian if his building materials supplier had not mentioned the fact that a building permit might be required. Mr. Christian told the Board he had purchased the materials from Menards and no mention was made of a possible need for a building permit by the store personnel at the time he bought the materials. Mr. Ford had no questions or comments at the time. Mr. Dunham asked Mr. Christian what had prompted him to inquire to the City about the need for a building permit after having already built the building. Mr. Christian told the Board in addition to building the accessory building he had a contractor build a deck on the back of his house. The contractor took care of getting the proper permits for the deck, and at this time the contractor mentioned that a permit might have been required for the accessory building. A call was made to the City about the accessory building and it was discovered that a permit was necessary for the accessory building. • Johnson gave a brief background report on the subdivision and its setback i BOARD OF ADJUSTMENTS AND APPEALS February 12, 1998 Page3 requirements. There is a five-foot minimum sideyard setback for garages, and a ten-foot minimum for the house side. Setback variances for accessory structures were not granted, so the code ten-foot minimum applies. Johnson stated moving the slab and the building into the center of the yard would be something the neighbors have voiced concern about. Hansen asked Johnson if the building was moved and the slab left in its current location if the slab would be within the City code requirements. Johnson told the Board that the slab with no building structure on it would need to meet a 10 foot setback. Ford asked Johnson if the five-foot setback would apply to a detached garage. Johnson told the Board that a detached garage would not be within code with a five-foot setback. Dunham open the floor to the public for questions and comments. No questions or comments were considered from the public. Dunham returned the floor to the Board for discussion on Request No. 98-2. Ford and Hansen both expressed concerns about the matter being brought to the Board "after the fact", and there was the possibility that this action could set a precedent within the neighborhood. O'Leary agreed but added he would have no problem granting approval of the request. Giglio stated his disagreement with the financial hardship issue. He added he would reluctantly support approving the request. Dunham stated his desire to make the awareness of the City's permit requirements more accessible to the residents. Hansen suggested calling the area merchants and getting them to help make building material purchasers aware of the possible code requirements. MOTION: Ford moved, Hansen seconded, to approve the variance to allow a 12' BOARD OF ADJUSTMENTS AND APPEALS February 12, 1998 Page4 x 12' accessory building to be place five feet from the rear and side lot line. Motion carried 5-0. IV. OLD BUSINESS No old business was considered. V. NEW BUSINESS Johnson discussed the next month's upcoming agenda. She told the Board there will be a shoreland variance for a deck, a rear lot line setback for a deck, and a house moving within the City. Dunham reminded the Board this was Hansen's last meeting as a member of the Board of Adjustments and appeals. All Board members expressed their appreciation to Hansen and wished him well. VI. ADJOURNMENT MOTION: Giglio moved, seconded by O`Leary to adjourn the meeting. Motion carried 5-0. The meeting adjourned at 8:10 p.m.