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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 02/09/1984 APPROVED MINUTES • BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, FEBRUARY 9, 1984 7:30 PM, ADMINISTRATION BLDG. BOARD OF APPEALS MEMBERS: Chairman Ron Krueger, Richard Lynch, Roger Sandvick, James Dickey, and Hanley Anderson BOARD STAFF: Zoning Administrator Jean Johnson, and Recording Secretary, Lynda Diede ROLL CALL: Sandvick and Anderson were absent. I. MINUTES A. Minutes of January 12, 1984. Dickey moved, seconded by Lynch, to approve the minutes of January 12, 1984. Motion carried unanimously. II. VARIANCES A. Request #84-01 , submitted by John A. Turnbull for property located at 10001 Dell Road. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subd. 2 and Section 11 .10, Subd. 2, to permit platting of a lot 5+ acres in size. City Code requires parcels of not less than 10 acres. John Turnbull , 10001 Dell Road, presented his proposal to the Board. He proposes to divide his 17.37 acre property and construct another building on a 7.37 acre rural zoned lot. Johnson added that County property tax records show that Turnbull 's parcel is approximately 15.28 acres in size. Turnbull said that the property was laid out for five acre parcels as required by Code in 1967, but was not submitted to the City for plat approval . Johnson stated that the access to the homes is of an inadequate width for emergency vehicles. Lynch inquired if it was a road or a driveway. Johnson said that it was a driveway. It is not plowed by the City. Johnson stated that Turnbull may need to obtain a Steep Slope Ground approval from the City. Turnbull noted that the pro- posed house is on the flat top of the hill and drive access will be from the north. • Board of Appeals and Adjustments - 2 - February 9, 1984 Lynch questioned the location of the Indian mounds and how • they would be dealt with. Turnbull stated that the house is 15' away from the two mounds that are visible. He added that he will file covenants to protect the Indian mounds. The Board reviewed the memo of the Historical and Cultural Commission which supports the Planning Staff's recommendation for a protective covenant to the property title, in regard to the preservation of Indian mounds. Lynch inquired why Turnbull didn't submit his survey for approval 17 years ago. Turnbull stated that he wasn't sure how quickly he would sell the parcels. Dickey inquired if he planned to live in the new proposed house. Turnbull replied yes. Lynch commented that no public access via dedicated right-of- way, nor scenic easement over the steep erodable bluffs had been proposed. Krueger stated his preference for a scenic easement across the steep bluffs. Lynch believed that the proposed 5+. acre division is not dis- imilar to some nearby lots. Dickey asked if the City wanted access to the Indian mounds. • Johnson replied that the City would like protection for the mounds. No access is required. Referring to the proposed private access, Dickey inquired as to the responsibilities of the City. Johnson stated that public safety, fire safety and emergency vehicles need approximately 20' in width for access. The 1800' private access to this and other existing homes is plowed to a 9' width. Dickey asked at what time in the process covenants would have to be submitted. Johnson stated that it is usually required with final platting and prior to building permit issuance. Turnbull asked if he would need to get a plat for the lot. Johnson replied yes. Krueger inquired if anyone in the audience had questions or comments. None were raised. MOTION: Lynch made a motion to approve Variance Request #84-01 , submitted by John Turnbull with the following findings: 1 ) Proponent had done a preliminary survey with 5 acre parcels laid out. • 2) Applicant agrees to file the following docu- ments concurrent with the plat application and prior to any building permits: Board of Appeals and Adjustments - 3 - February 9, 1984 a) Declarations to protect the Indian mounds • located upon the property. b) Scenic easements over the steep slope area of the property. The above documents shall meet with approval of the City and other necessary agencies. 3) The lot size request is not disimilar to existing property in the area. 4) The applicant must apply for and receive approval of a plat application consistent with variance approval within one year. Dickey seconded the motion. Motion carried unanimously. Dickey added that the property is unique in character. The placement of the proposed house appears acceptable on the pro- perty. B. Request #84-07, submitted by Ron Krueger & Associates Inc. for property located at 7455 Market Place Drive, legally described as Lot 1 , Block 1 , Bryant Lake Center. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subd. 2, to approve rear yard setbacks of 6.24 feet & 8.84 feet instead of the required 10 feet. The background of the site was reviewed. The property is zoned Commercial Regional Service. Construction began in the fall of 1983. The building has not been placed on or in the 5' utility easement area, but does encroach into the rear yard. No detrimental conditions to surrounding lots was raised. There were no comments from the audience. MOTION: Dickey made a motion to approve Variance Request #84-07, submitted by Ron Krueger and Associates. Lynch seconded the motion. Motion carried-2-0-1 . Krueger abstained. C. Request #84-08, submitted by Undestad Investments for property located at 8095 Glen Lane. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subd. 2, to permit con- struction of a 48 foot high office building instead of the required 40 foot maximum height. Tim Cashin, representing Undestad Investments, outlined his request. He reviewed the site plans with the Board. They propose to construct a brick, four story, 48' high, bank and office building. The location is within the Eden Glen PUD. Other multi-story office and rental development is anticipated. Projects nearby are of a similar height. Board of Appeals and Adjustments - 4 - February 9. 1984 Krueger inquired if there was any mechanical equipment on the roof. Cashin replied that they would not have to screen equip- ment as boilers will be located on the fourth floor. Lynch asked if it would be a rental building. Cashin replied yes. Lynch inquired if the Council had finalized the rezoning on the land. Johnson stated that at the first hearing a development resolution is requested after it is signed, it goes back to the Council for final approval . Krueger asked if there were any comments from the audience. There were none. MOTION: Lynch made a motion to approve Variance Request #84-08, submitted by Undestad Investments with the following findings : 1 ) The request is not unlike other requests in the major center area. 2) Variance approval be contingent upon the Council 's final rezoning approval . 3) Variance be used within one year. Dickey seconded the motion. Motion carried unanimously. D. Request #84-09, submitted by. Mr. & Mrs. Luloff for property located at 7345-7355 Scot Terrace, legally described as Lot 4, Block 1 , Stewart Highlands. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subd. 2„to permit the division of a lot having 6,480 sq. ft. instead of the re- quired 6500 sq. ft. The existing duplex and lot are to be divided into two lots for the purpose of selling. The unit does not unfringe upon the front, sides, or rear year setbacks, according to the survey. Krueger asked if there were any comments from the audience. There were none. MOTION: Lynch made a motion to approve Variance Request #84-09, submitted by Mr. & Mrs. Luloff with the following findings: 1 ) That an administrative division consistent with the variance be obtained within one year. • Krueger seconded the motion. Motion carried unanimously. Board of Appeals and Adjustments - 5 - February 9, 1984 E. Request #84-10, submitted by Kent Molde, John Golle, and Wally Cruz for property located at 7011 Willow Creek Road, legally • described as Lot 6, Block 1 , Willow Creek. The request is for a variance from City Code, Chapter 11 , Section 11 .50, Subd. 3, to permit construction of a second dock per the one abutting lot and to place the dock within 7. 5 feet of the side lot line instead of maintaining a 15 foot setback. Mr. Hayner Larson, 7011 Willow Creek Road, stated that he was opposed to the request being granted. He is the owner of the legal title to the whole of Lot 6, including a 40' strip which is an easement area. Larson stated that he has paid all property taxes and has received no reimbursement for the easement. The purchasers of the easement have not divided the easement off the lot as the purchase agreement requires. Kent Molde, 7040 Willow Creek Road, presented his request to the Board. He stated that they were directed to get a favorable opinion from two border neighbors. In January 1984, the proponents spoke to Larson, owner of Lot 6. Larson signed a letter that he was agreeable to allowing a 72 foot setback of dock from the lot line on the Molde, Golle & Cruz access lot. Mr. James Perkins, 7012 Willow Creek Road, was also approached and he too was in agreement, but did not sign any letter. Molde stated that they are willing to help Larson out with the taxes. Lynch asked Larson if he had a change of heart over signing the aforementioned letter. Larson replied that he didn't realize its full content. He is not opposed to the variance, but is opposed because terms of the 1981 purchase agreement have not been met. Johnson pointed out that the 40' wide area along the west side of Lot 6, Willow Creek is an easement, not a lot, according to any City approved division. The request is being applied for upon Lot 6, owned by Larson. Only one dock is allowed per lakeshore lot. They are requesting construction of a permanent dock upon a lot which already has a seasonal dock. Code requires a minimum setback of 15' . (Proponents propose to place a perm- anent dock within 10' of the side lot line. ) Lynch inquired if Molde had heard from the DNR. Molde replied that the permit has not been acted upon. Approval is also needed by the City. Howard Knutsen, 7120 Willow Creek Road, stated that he does not give his approval for the dock. No one contacted him about his feelings regarding an additional dock, and such a lot division is against the Willow Creek covenants. Knutsen stated that the length of the dock is excessive compared to existing docks and that it will give the area a commercial dock appearance. Board of Appeals and Adjustments - 6 - February 9, 1984 The Board members concurred that the item should be continued to allow the people involved to resolve the problems, Molde • agreed to a three month continuation. Lynch suggested that the resolution include a single dock as required by code. MOTION: Dickey made a motion to continue the variance to May 10, 1984, so that the proponent can resolve problems. Krueger seconded the motion, Motion carried unanimously, III. OLD BUSINESS None IV. NEW BUSINESS Johnson commented that with the code changes approximately 90% of the duplex requests will be eliminated. Instead of the re- quired 6500 square feet per unit the code will permit 6000 square feet per unit, yet still maintain the 13,000 square feet per two units. V. ADJOURNMENT Dickey moved, seconded by Lynch, to adjourn the meeting at 9:00 PM. • Motion carried unanimously.