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1985 08 19BOARD OF ADJUSTMENTS AND APPEALS MINUTES AUGUST 19, 1985 CALL TO ORDER Chairman Johnson called the meeting to order at 6:55 p.m. MEMBERS PRESENT Willard Johnson, Carol Watson and Dale Geving. STAFF PRESENT Jo Ann Olsen, Asst. City Planner PUBLIC HEARING Front Yard Variance Request for a Single Family Residence, 6655 Horseshoe Curve, James Murphy Public Present James Murphy applicant Olsen stated that the applicant is requesting an 8 foot variance to the required 30 foot front yard setback from Merry Place to construct a single family residence. She stated that the lot is located on the northwest corner of Merry Place and Horseshoe Curve and abuts Lotus Lake. She explained that since it is a corner lot it is required to have 30 feet on both street fron- tages. She stated the proposed home meets all setbacks except the 30 foot setback from Merry Place. She stated that the home will be served off of Horseshoe Curve. She stated that the pro- posed home is located 22 feet from Merry Place. She stated that the lot slopes towards Lotus Lake restricting the home from being located closer to the lake where the lot is slightly wider and therefore, the applicant is requesting an 8 foot variance to allow the home to be located at a more level site. She stated that staff is recommending approval of Variance Request #85-22 based on the site plan dated August 16, 1985. Geving stated that he would prefer that the front yard setback be maintained by moving the home closer to the north side lot line. Olsen stated that the home to the north is near this side set- back. Geving asked if there were any objections? There were none. Geving moved, seconded by Johnson to approve the variance based on the site plan. All voted in favor and the motion carried. Board of Adjustments and Appeals Minutes August 19, 1985 Page 2 PUBLIC HEARING Side Yard Variance Request to Construct an Addition to a Garage, 3624 Red Cedar Point Road, Linda Bauer Public Present Linda Bauer Sam Potts appl i can t neighbor Olsen stated the applicant is proposing to construct a 30' x 20' three car garage in place of the existing 16' x 22' one car garage. She stated the applicant will use the three car garage for the storage of two cars plus a boat, snowmobile, bikes, etc. She state that the existing garage can store one car leaving their second car and the remainder of their recreational equip- ment stored outside. She stated that the existing garage is non- conforming in that it is only 27.8 feet from the front yard setback. She noted that the new garage is proposed to be constructed in the same location as the existing one. She stated that it would therefore be 27.8 feet from the front yard setback and 5.2 feet from the north side yard setback. She stated because there is an opportunity to conform to the setbacks, staff is recommending denial of the variance request and recommending that the front and side yard setbacks be maintained. She stated that there does not appear to be any special or unique cir- cumstances applicable to the subject property. Johnson stated there was a tree behind the garage and that the garage could not be moved back. Geving asked what they need to store. Bauer stated they had two cars, one boat and trailer, one motor- cycle and two bikes. Sam Potts stated he was not in favor of the three car garage, but would approve of the two car garage. He said the outdoor storage did not bother him. Watson stated she understood the need for the three car garage and the only way to meet setbacks is to reduce the width. Geving moved, seconded by Watson to approve the 4.8 foot side yard variance and the 1.2 foot front yard variance with the con- dition that the existing garage be removed prior to receiving the building permit. All voted in favor and the motion carried. Board of Adjustments and Appeals Minutes August 19, 1985 Page 3 PUBLIC HEARING Front Yard Variance Request to Construct a Single Family Residence, Lot 4, Block 1, Christmas Acres, Todd Novaczyk Public Present Todd Novaczyk appl i can t Olsen stated the applicant is constructing a single family resi- dence on Lot 4, Block 1 of the Christmas Acres subdivision. She stated that the 1.8 acre parcel abuts Christmas Lake. She noted that there was a steep grade at the southwest end (adjacent to Pleasant View Cove) which slopes down towards Christmas Lake. She explained that the applicant wishes to construct his resi- dence at the top of this grade and is requesting a 10 foot variance to the required 30 foot front yard setback. She noted that Attachment #2 shows the current location of the watermain. She stated that this location of the watermain is incorrect. She stated that the City Engineer stated in his memo that the existing watermain restricts the area where the residence can be built and is therefore being relocated. She stated that Attachment #4 shows where the watermain will be relocated when development of the lot takes place. She also stated that the city will not incur any of the costs related to the relocation of the water- main. She explained that with the watermain in its proper loca- tion, the applicant's proposed residence must still reach into the front yard setback to avoid the steep grade. She stated that staff believes that there are special circumstances and con- ditions affecting the land and is therefore recommending approval of the 10 foot variance to the front yard setback. Geving stated he had no problems with this proposal. Watson moved, seconded by Geving to approve the 10 foot variance to the front yard setback. All voted in favor and the motion carried. PUBLIC HEARING Side Yard Setback Bariance Request for construction of a Garage, 7604 Iroquois, Reuben Kelzenberg Public Present Reuben Kelzenberg applicant Olsen stated that the applicant is proposing to construct a 16' x 26' unattached garage. She explained that the garage is proposed to be located behind the single family residence. She stated Board of Adjustments and Appeals Minutes August 19, 1985 Page 4 that the applicant is requesting a 4' variance to locate the pro- posed garage 6 feet from the north side yard lot line. She noted that there currently is a 2 car attached garage on the north side of the home. She stated that the applicant is intending to expand his living room 4 feet into this existing garage. She explained that the garage will still store two cars, but it will lose any storage capacity. She stated that the applicant is therefore constructing the second unattached garage for storage, utility shop and smokehouse. She stated that since there are not any site factors restricting the placement of the proposed garage, staff is recommending that the 10 foot side yard setback be maintained. Kelzenberg stated he needed the six feet to allow the garage to be recessed into the hill and allow the driveway to be level. He stated he did not want the garge to take up the whole back yard. Geving asked if he was going to pave the driveway. Kelzenberg stated not at this time but wanted to keep it as an option. Geving asked if the six foot separation included the eaves. Kelzenberg stated the eaves would be an additional three feet wide. Watson stated that this was too close and that she would approve a six foot variance including the eaves. Geving moved, seconded by Johnson to approve a six foot side yard setback including the eaves which would be a one foot variance for the foundation (9 feet from the side yard setback). All voted in favor and the motion carried. PUBLIC HEARING Side Yard Setback Variance for an Addition to a Non-Conforming Structure, 9005 Lake Riley Blvd., Ed Siebenaler Public Present Ed Siebenaler appli cant Olsen stated that the existing 20' x 26' cabin is a temporary struc- ture containing two bedrooms, a kitchen and living room. She state it does not have running water. She explained that the structure is non-conforming in that it is less than one foot from the side yard lot line and 25 feet from the front yard lot line. She noted that Board of Ajustments and Appeals Minutes August 19, 1985 Page 5 the city is requiring the applicant to hook-up to the sanitary sewer line. She noted that he previously was using a satellite. She stated that the applicant is proposing a 10' x 16' addition which will contain utilities (washer and dryer) and bathroom facilities to utilize the hook-up. She stated that since the structure is non-conforming the applicant must receive a variance to construct an addition. She stated that the addition will be constructed on the north side of the existing structure and will not increase its non-conformity. She noted that the applicant currently has the lot for sale. She stated the existing struc- ture meets minimal construction standards and will most likely be replaced by a year round single family residence when the lot is sold. She stated that until this happens, the proposed addition will improve the structure by adding standard facilities of a single family residence complying with the building codes. She stated that staff is recommending approval of Variance Request #85-21 with the following condition: 1. That the addition meets building and fire codes. Siebenaler stated the city is requiring him to hook his property up to sanitary sewer and he wants some use out of it. Watson stated the question is whether to add on to a substandard structure or remove the structure and not hook up to sewer. Geving stated that to hook up, Mr. Siebenaler needs facilities to use it and if we deny the variance we are denying the right to hook up. If we grant the variance, the value will go up and it will be harder to sell this lot. Watson moved, seconded by Johnson to table action for City Council consideration. All voted in favor and the motion carried. Geving moved, seconded by Johnson to adjourn the meeting. Ail voted in favor and the motion carried.