1986 02 24BOARD OF ADJUSTMENTS AND APPEALS MINUTES
FEBRUARY 24, 1986
CALL TO ORDER
Chairman Johnson called the meeting to order at 6:30 p.m.
MEMBERS PRESENT
Willard Johnson, Carol Watson and Dale Geving.
STAFF PRESENT
Jo Ann Olsen, Assistant City Planner
PUBLIC HEARING
Shoreland Setback Variance Request, 9235 Lake Riley Blvd.,
Craig Halverson
Olsen stated that on September 24, 1981, the Board of Adjustments
and Appeals approved variances on Lots 34 and 35, Shore Acres,
for the construction of a single family residence. She noted
that the proposed home was located at the southerly portion of
the property 50 feet from the ordinary high water mark.
Olsen stated that the applicant is proposing to construct a
single family residence on 31,000 square feet of property zoned
R-l, Single Family Residence. She stated that the property is
located on Lake Riley and has lake frontage on two sides. She
noted that the Shoreland Ordinance requires a 75 foot setback
from the ordinary high water mark of the lake. She stated that
the residence is 34 feet from the southerly OHWM water mark and
40 feet from the westerly OHWM. She noted that using the closest
dimension to the lake (34 feet), the applicant is requiring a 41
foot variance to the 75 foot setback.
Olsen also stated that there is an existing cabin on the property.
She stated that the cabin is within the 75 foot setback, with its
closest point being only 22 feet from the southern OHWM. She
noted that the cabin is habitated only during the summer. She
stated that the property is heavily vegetated with mature
evergreens on the eastern border and has a low boggy area in the
center. She stated that the applicant is locating the home so as
to avoid the low wet area and to preserve the existing trees.
Olsen noted that DNR has reviewed the proposal and has stated
that they would prefer the home to be located at least 50 feet
from the southerly OHWM. She stated that this would require the
home to be partially located in the "boggy area". Staff and a
DNR representative visited the site and could not find any signs
of wetland vegetation in the boggy area. She said that DNR felt
the soils could support a single family residence with slight
alteration, and again stressed meeting at least a 50 foot set-
back.
Board of Adjustments and Appeals Minutes
February 24, 1986
Page 2
She stated that the site has essentially three locations for the
single family residence, the proposed location, 50 feet from the
southerly OHWM and 75 feet from the southerly OHWM. She noted
that the applicant's site plan avoids the boggy area and existing
vegetation, but has more of a visual impact on the lake than the
other two possible locations. She explained that by locating the
home 50 feet from the southerly OHWM lessens the visual impact
but locates part of the home in the boggy area and may require
removing some of the existing trees. She stated that locating
the home 75 feet from the southerly OHWM will meet the objective
of the City and DNR to reduce visual impact to the lake, but will
locate the home within the boggy area and impact the existing
vegetation. She stated that all three locations will require a
setback variance from the westerly OHWM.
Olsen stated that there is no question that the setbacks impose a
hardship in this case, and a variance is warranted. However, the
Board should approve only the minimum variance required.
Planning staff is recommending that this item be tabled until the
applicant submits soil tests for staff review to determine the
quality of the soils for the best location of the single family
residence.
Watson stated that she preferred the 50 foot setback. She stated
that the land could just be low and buildable. She stated that
if it was determined to be boggy and unbuildable, they could
bring the case back.
Craig Halverson stated that the previous owner filled in the
boggy area and that it is still low. He stated that he would
prefer not to build on an unstable area.
Watson stated that the giving a variance of 15 feet (50 foot set-
back to the 75 foot setback) is substantial because it is on a
lake.
Craig Halverson stated that the site is secluded on both sides by
existing trees and that the house is positioned to save the
trees.
Steve Burke stated that the home will limit the view from their
lake lot on Lake Riley.
Geving asked if the existing cabin would be removed immediately.
Halverson stated that it would.
Geving stated that this lot is a subject the Board of Adjustments
and Appeals has reviewed several times and that a single family
residence would improve it. He stated that he is concerned with
the boggy area but that he would like to maintain the 50 foot
setback.
Board of Adjustments and Appeals
February 24, 1986
Page 3
Craig Halverson stated that he does not want to cut trees down
and build on the low area.
Geving asked how many trees would have to be removed?
Halverson stated about five mature cedar and birch trees.
Johnson stated that he also prefers the 50 foot setback.
Craig Halverson stated that the alternative is the cabin which is
only 22 feet from the shoreland.
Geving said that the previous variance was for 50 feet and he
moved to deny the 41 foot variance and allow a 50 foot setback
from the southern ordinary high water with the condition that the
cabin be removed prior to construction. He stated that if the
soil tests show that the boggy area is unbuildable, the applicant
can bring the request back to the Board without an application
fee. Johnson seconded the motion. All voted in favor and the
motion carried.
PUBLIC HEARING
Side Yard Setback Variance Request, Lot 9, Block 3, Pioneer
Hills, Tim Bloudek
Olsen stated that the applicant is proposing to construct a
single family residence on 2~ acres in the R-la District in
Pioneer Hills. She noted that the Zoning Ordinance requires side
yard setbacks of 10 feet and 100 feet in the R-la District and
the purpose of this requirement is to allow adequate distance for
the lot to be split in the future when sewer and water becomes
available. She stated that the applicant is requesting a 24 foot
variance to the 100 foot side yard setback to allow the proposed
residence to be 76 feet from the southerly side yard.
Olsen noted that the preliminary plat of Pioneer Hills shows the
building pad for this lot to be towards the front of the lot away
from the slope and the percolation tests for the septic site are
also located towards the front of the site. She stated that the
front of the lot, where the proposed home is located, is the pre-
ferred building area. She noted that the proposed residence is
located in this buildable area 148 feet from the front yard lot
line. She stated that the property is approximately 180 feet
wide at this proposed building setback which allows a 70 foot
wide single family residence with the 100 foot and 10 foot set-
back. She noted that the proposed residence will be 86 feet
wide, which includes a 3 car garage. She stated that the size of
the home requires a variance at this lot width.
Board of Adjustments and Appeals
February 24, 1986
Page 4
Olsen stated that staff believes there is adequate buildable area
for a single family residence to meet all of the required set-
backs at the proposed location. She stated that it is the size
of the proposed residence that is making the variance necessary.
Therefore, staff is recommending denial of the variance request
as shown on the site plan dated February 7, 1986.
Bloudek stated that the three car garage would only be two car
garage to start with but that he still wants the original 24 foot
setback so that he can add another stall in the future.
Geving stated that he had no problem with the variance.
Watson stated that this variance was correcting the developers
mistake of making the lots narrow at the front.
Watson moved, seconded by Geving, to approve the 24 foot side
yard variance to the required 100 foot side yard setback. All
voted in favor and the motion carried.
Approval of Minutes
Geving moved, seconded by Watson, to approve the November 18,
1985 minutes as written. All voted in favor and the motion
carried.
Geving moved, seconded by Johnson, to close the public hearing
and adjourn the meeting. All voted in favor and the motion
carried.
Jo Ann Olsen
Assistant City Planned