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1985 07 15BOARD OF ADJUSTMENTS AND APPEALS MINUTES JULY 15, 1985 CALL TO ORDER Chairman Johnson called the meeting to order at 6:05 p.m. MEMBERS PRESENT Dale Geving, Carol Watson and Willard Johnson. STAFF PRESENT Jo Ann Olsen, Asst. City Planner LOT AREA VARIANCE REQUEST TO CONSTRUCT A SINGLE FAMILY RESIDENCE ON 1.35 ACRES IN AN R-lA DISTRICT, OTTO FLOM, APP L I CANT Olsen stated that the applicant currently resides in a single family residence on 1.35 acres of land zoned R-la. She stated that the applicant wishes to remove this existing home and build a new residence on the same lot. She noted that the R-la District requires a minimum of 2.5 acres for a single family residence to be constructed. She stated the applicant's lot is 1.35 acres and is therefore non-conforming. She explained that the proposed home will be 66 feet from the front yard lot line and 63 feet from the northern side yard lot line. She noted that there is an existing 15' x 24' garage approximately 105 feet from the south side yard lot line and 30 feet from the proposed single family residence. She stated that the current residence is within the 50 foot front yard setback by approximately 15 feet and the proposed residence meets all of the required setbacks for the R-la District. Watson stated that the R-la zone was stuck in the middle, but that it is R-la. Geving stated he suspected this would happen. Geving moved, seconded by Johnson, to approve the variance with the following conditions: 1. That the existing structure be removed immediately after the construction of the new residence. 2. That the new residence be hooked up to city sewer. Ail voted in favor and the motion carried. Board of Adjustments and Appeals Minutes July 15, 1985 Page 2 REAR YARD VARIANCE REQUEST TO CONSTRUCT A SINGLE FAMILY RESIDENCE, LOTS 1348-1352, CARVER BEACH, HARLAN KOEHNEN, APPLICANT Olsen stated that on May 20, 1985, the Board of Adjustments and Appeals and City Council denied the application for a 17 foot variance to the required 30 foot rear yard setback. She stated that it was denied because it was thought that the applicant could purchase two lots to the west of the property this summer and then meet all requirements. She explained that the Board of Adjustments and Appeals is permitted to review a case again within six months if new evidence is presented and since it is not possible to purchase the lots this year and build the home this summer/fall, the applicant is resubmitting his application. She noted that the applicant has submitted a memo from the Carver County Auditor which states that the public auction for the two lots will not be held until sometime next year. She stated that State statutes requires the Board of Adjustments and Appeals to vote on whether a case can be reconsidered and Planning staff is recommending that the Board of Adjustments and Appeals vote on this matter prior to reviewing the case. She stated that the applicant is proposing to build a single family residence on five adjoining platted lots of 20' x 80' which equals one lot with a total of 8,000 square feet. She explained that the applicant is requesting a 17 foot variance to the required 30 foot rear yard setback. She noted that the area to the south of the lot is heavily wooded with a large pond and therefore, the impact of the proposed home being closer than 30 feet to the adjoining property is minimal. Johnson moved, seconded by Geving to reconsider the case. Ail voted in favor and the motion carried. Geving stated that this is now under different circumstances and that the applicant tried to purchase lots and could not. He stated that the applicant will attempt to purchase next year. Koehnen stated that the owner doesn't want them and he will purchase them. Geving stated that the applicant will connect to city water and sewer. He also stated that the home and garage should be flush with the neighboring home. John Johnson asked if construction standards requires homes to have a garage. Geving stated the city is now making garages a condition of approval, but it is not required in the Zoning Ordinance. He stated that the city cannot deny it if it does not have a garage. Board of Adjustments and Appeals Minutes July 15, 1985 Page 3 Watson stated a new ordinance is being drafted and that garages should be required. Johnson stated that he was glad Koehnen was putting a garage on the house now and not later. Watson moved, seconded by Geving to approve the variance request with the following conditions: 1. That the house and garage must meet the 30 foot front yard setback. 2. That the house must connect to city sewer and water. Ail voted in favor and the motion carried. APPROVAL OF MINUTES Johnson moved, seconded by Watson to approve July 1, 1985 minutes as written. All voted in favor and the motion carried. Geving moved, seconded by Watson to adjourn the meeting. All voted in favor and the motion carried.