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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 09/11/1975 - Special APPROVE) MINUTES BOARD OF APPEALS AND ADJUSTIMTS • Thursday, September ll, 1975 5:30 PM, City Hall (Continued from August 28, 1975) 1011ERS PRESEPdT: Tom Cebulla Don Sorensen Jim Cardinal William Bye FINBERS ABSENT: James Wedlund STAFF PRESENT: Wayne Sanders, Chief Building Inspector Mr. Cebulla, Actin; Chairman, called the meeting to order at 5:40 PM, stating the -meeting was continued..from Aug. 28, based on M.r. Grans discussion with Sanders regarding change of plans. Mr. Gran informed the Board that he had submitted an alternative plan, but the conclusion was that a garage built in that location would be impossible because of increase in cost, which was an estimated U500, and would be out of the question for them for at least a year. Mr. Sorensen asked, as a matter of clarification, whether it would-be the additional cost of frost footings and fireproofing the walls that caused this increase. Mr. Gran answered affirmative. • Mr. Gran requested that the Board re-examine initial proposal, and that he would like to add a few comments. Be said 111r. Cebulla had come out and looked at the property and had considered the chief objection, the street side variance. Ee added that it appears that all anyone will see from lot 3 will be a hill from our house, and that the only site line would be directly into the cul-te-sac. Mr. Sorensen inquired whether the lot was steep topographically. Ir. Gran answered it was not a steep driveway, four'or five feet down by Olympic Drive, ' and has been curved out pretty well. Xr. Gran added that Ix. Cebulla had looked at other objections, such as setting; it back further from the house, which will necessitate removal of present holding tank, which means they would have to connect with City sewer and water. That, along with fill. and footings would cause another financial problem. He said -there was a possi- bility of pulling garage in toward house, necessitating a change in style of roof, and that this plan or initial plan would be the only feasible proposals. Mr, Bill Bonner,. of Hustad Developers, responded to questions by 11r. Sorensen con- cerning original platting of lots, and where original plan for garage was antici- pated. Mr. Bonner said on initial 4 acres, because of Olympic Golf Course. Because of topography of lots 3, 42 5, and 6, those people would want to be back as far as possible in order to have the view. Mr. Sorensen added, as a point of clarification, that the blanket variance of 5 ft. had been denied by the Council, and those were subdivisions being done in larger PUDs, not in the smaller subdivisions. Page 2 Board of Appeals and Adjustments 11r. Bonner said it made sense in the Preserve and Edenvale developments, and • added that another factor in the 5 ft. variance requirement was its use in houses being built across from each other. 14r. Sorensen agreed, but said it was clearly stated that it applied only in PUDs. Mx. Sorensen questioned the Swale line. Mr. Bonner responded that it dropped off 10 to 15 feet from house to bottom of ditch and that it occurs in a two to one slope. He added that he thought it was acceptable in a garage and did not feel it would be a problem. Nx. Bonner said in order to attach the garage, it would have to contain a flat roof, and didn't think that type would work architecturally, because you interfere with the continuity of style of house. 11r. Cardinal commented that the Board had suggested putting the garage more toward the rear of the house and asked their feelings on it. Rr. Bonners responded that the. first preference was the original plan, because of driveway being a reasonable length and would avoid interfering with holding tank. The location of the drainfield was discussed, with the possibility of it running into the next lot. t{fir. Sanders added, as a point of information, that according to the Ordinance you have to connect with City sewer as soon as your system is pumped once. He said there was a good chance the. drainfield does go into next lot. Sanders suggested . contacting original owner of property as to exact location of drainfield. Ivlr. Sorensen asked 11r. Cebulla to give his observations, since he had looked over the property personally. Mr. Cebulla presented his observations, with the conclu- sion that the original planned position was probably the best place for the garage, with the alternative of putting it by septic system, west and southwest of property, with the driveway to the east or west of the house. -He felt that one of the pur- poses of the Board, according to the.Ordinance, was to clear variances because they are an exception, and in the next case there will be a different set of exceptions.. Mr. Sorensen said under the Ordinance, the "exception basis" leaves room to disre- gard the setback if it appears to be the best place to put a house or garage. He added that there appears to be a choice, and there are other objections for the lot. Be felt this question should have been addressed at the time of platting, rather than coming back to the City for a. variance request, putting responsibility on devel- opers of the land rather than landowners or City. Mr.' Bonner responded that at the time he did not feel that asking for the 5 ft. variance' would be difficult -and that ldoking at the whole thing from an- architectural- point of view, he thought that was the best place for the garage. Mr. Cardinal commented in reference to their discussions regarding the 30 foot setback, felt it pertained to a straight street primarily. He added that if you have a straight street you have a chopped up look if the setbacks are different. He felt in the situation of a cul-de-sac, if it is not going to bother neighbors, the location is , • not that important. Page 3 Board of Appeals and Adjustraents Mr. Sorensen commented that the City has attempled in some areas, to allow smaller lots to cut down on lard costs. He added that on a straight street, from an aesth tic point of view, all front and side setbacks are used for the purpose of trying to get away from sense of "mass Wilding". 14r. Sorensen asked whether Mr. Gran had reviewed putting garage out in the back. Mr. Gran responded he did not know about the problem of the sewer system. 14r. Sorensen questioned whether sewer system should be considered inadequate it it needed to be pumped once and..suggested. 1ieavy rains and high water table could cause this problem. Xr. Sanders agreed that an overabundance of rai could be the cause of a system overflowing, but felt we were not faced with hi h `,later in most cases and that the fault is mostly due to the sewer system. He added that a garage could be placed over a holding tank. Xr; Cebulla asked about motion that was not vot�d on. Acting Chairman Cebulla called for a vote. Ceb lla - nay Sorensen-Yay Car final - nay Bye -yay MOTION e'Eu�a moved that the two requests for variations.be approved. Bye seconded the motion. DISCUSSION • Mr. Sorensen said he felt sympathetic with the petitioners, but he felt that be- cause of other locations for the garage being available and not knowing where the sewage system is located, he was not in favor of the motion. Zxr. Cardinal commented that he felt there was ample room available on the lot. Mr. Bye asked if the maker of the motion.would accept the amendment that-no por- tion of the drainfield will be covered. = Cebulla commented that he could not visualize where the drainfield would be affected by any garage slab. Sorensen said the Planning Commission agreed that side yard variances should be granted with caution. .Cebulla said he felt the forward location was the most logical and the effect to future neighbors would be minimal. Bye said he felt the provisions of the Ordinance were not absolute and are to be interpreted. He requested adding on an amendment to the motion that would allow no more than 10`� of the drainfield be covered. Cebulla re-stated the motion and amendment. M ETMED MOTION It was moved that the two requests for variances be approved, and that no more than 10% of drainfield be covered. The motion carried with a vote of 2-1-11, with Sorensen casting dissenting vote, and Cardinal abstaining. Page 4 Board of Appeals and Adjustments Sorensen moved that approval of minutes of August 28, 1975 meeting be post- poned until next meeting. :cardinal seconded, and the motion carried. Sorensen moved to adjourn the meeting, Oardinal seconded the motion, and the motion carried. Meeting adjourned at 7:20 M. Submitted by, _ Donna Stanley Recording Secretary