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.