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1992 07 13BOARD OF ADJUSTMENTS AND APPEALS MINUTES FOR JULY 13, 1992 BOARD MEMBERS PRESENT: Willard Johnson, Carol Watson and Richard Wing. STAFF PRESENT: Paul Krauss, Planning Director and Sharmin A1-Jaff, Planner I. The meeting was called to order at 6:30 P.M. A Variance Rec~uest for a 20 foot Wetland Setback for the construction of a single family residence, located at 310 Pleasant View Road. Brian Klin~elhutz. A1-Jaff presented the staff report. Johnson made a motion to open the public hearing. Brian Klingelhutz stated that the reason why the house is located 60 feet from the front property line is to align it with the neighboring house. Carol Watson questioned the location of the house and if there was another location for the house. A1-Jaff stated that regardless of where the house is located on the property, it would have to have a variance in order for it to be built. Watson questioned the size of the parcel and why it was approved as a buildable lot when it abuts a wetland. A1-Jaff stated that in 1983 the wetland setback ordinance did not exist, therefore this lot was buildable. Wing made a motion to approve Variance 4/92-8 with the following conditions: 1. No alterations to the wetland shall be permitted. . Type III erosion control shall be maintained along the wetland until vegetation has been re-established. Watson seconded the motion. All voted in favor and the motion carded. A 37 Foot Shoreland Setback Variance for Construction of a Deck and a Hot Tub located at 9021 Lake Riley Boulevard, Norman and Kimberlv Grant A1-Jaff presented the staff report. She made a correction regarding the lower deck. The applicant is proposing a patio rather than a lower level deck. Staff had pointed out that the applicant could build the lower level deck only. The reason was to respond to a neighbor's BOA Minutes July 13, 1992 Page 2 complaint. However, from a zoning standpoint, it makes no difference where the deck is built as long as it meets the setback. Norman Grant stated that the deck is on the upper level only. Watson stated that a condition stating the lower level may not be enclosed in the furore should be added as a condition. Roger Knutson stated that the Board has no control over this part of the variance. The applicants have not applied for enclosing the lower level. Furthermore, if you put a condition recommending against enclosing the lower level, they can apply and request a change of the condition of approval. Wing made a motion to approve Variance g92-9 for a 36 foot shoreland rear yard variance as shown on the site plan dated June 23, 1992, with the following conditions: Modify the building plans to reduce the setback variance to maintain at least a 39 foot setback from the lake. 2. No alterations to the site will be permitted below the drip line of the oak tree located along the southeast corner of the site. 3. Type HI erosion control shall be maintained until vegetation has been re-established.. Watson seconded the motion. All voted in favor and the motion carded. Watson moved to approve the minutes, Johnson seconded the motion. Wing abstained. The meeting was adjourned at 7:30 p.m.