1990 10 08BOARD OF ADJUSTMENTS AND APPEALS MINUTES
OCTOBER 8, 1990
MEMBERS PRESENT: Carol Watson, Willard Johnson and Jay Johnson
STAFF PRESENT: Paul Krauss, Planning Director.
Willard Johnson opened the meeting.
Krauss asked the Board if the procedure could be amended for
variances so that when there is an appeal for a variance by the
applicant after the Board has given it's decision, the'applicant
does not have to wait for the entire City Council agenda before a
decision is made.
Roger Knutson, City Attorney, agreed that the procedure could be
amended and would require an ordinance amendment.
Watson added that it is normally the City Council that appeals a
variance and not one of the neighbors.
FRONT YARD AND SHORELAND SETBACK VARIANCE FOR'CONSTRUCTION OF A
SINGLE FAMILY RESIDENCE, 8408 GREAT PLAINS BOULEVARD, LARRY PAUMEN
Paul Krauss presented the staff report.
WatsOn agreed with the staff recommendation indicating that the
proposal was consistent with the variance that had previously been
approved. She noted that the Board would not look favorably on any
additional variance requests for the parcel should any be requested
in the future.
Watson moved, seconded by Jay Johnson to approve the variance
request (#87-12) for a 5 foot front yard setback and a 33 foot
shoreland variance as shown on the site plan dated June 24, 1988,
with the following conditions:
·
No alteration to the site will be permitted below the proposed
886' contour.
·
Screening will be maintained between the single family
residence and Lake Susan. A tree preservation plan is to be
approved by staff prior to issuance of any building Permits.
·
No additional structures shall be permitted on the site
without a variance.
·
The applicant shall provide an individual water well on the
property.
Ail voted in favor and the motion carried.
SIDE YARD VARIANCES FOR A TWO CAR GARAGE AND ADDITION AND VARIANCE
TO THE SHORELAND SETBACK, 3605 RED CEDAR POINT, RON ANKENY
Paul Krauss presented the staff report.
Jay Johnson asked if the hedges to the east would be removed and if
so, will they be replaced.
The applicant stated that if the Board wishes, the hedges will be
replaced.
Watson added that there better not be any more variances granted
for this lot. She stated that a variance, in the first place,
should be granted only for a hardship not to intensify a non-
conforming use.
Jay Johnson stated that with the addition of the garage, the house
located to the west will be very close to the garage and asked if
that met building codes and fire protection.
Krauss stated that the building and fire codes apply to both
commercial and residential buildings.
Jay Johnson moved, seconded by Watson, to approve Variance'Request
#88-11 as shown on the site plan dated September 13, 1990, for a
4 foot (east) side yard variance for the construction of a 2 car
garage, a 2 foot (west) side yard for entrance intensification and
2nd floor bedroom expansion, and a 26 foot variance to the 75 foot
shoreland setback. These variances were approved with the
following conditions:
i
That Type III erosion control be maintained during the
construction season along Lake Minnewashta.
·
·
No additional construction be permitted without a variance
application.
Building inspection shall confirm that the new construction
complies with building codes in light of limited building
setbacks to adjoining property.
·
If hedges at east side of home are removed due to
construction, they shall be replaced to buffer the adjoining
parcel.
Ail voted in favor and the motion carried.
Approval of Minutes: Waton moved to approve the minutes dated
August 13, 1990, Johnson seconded the motion. All voted in favor.
Willard Johnson closed the public hearing.
Willard Johnson moved to adjourn the meeting. Jay Johnson seconded
the motion. All voted in favor.