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1988 02 22BOARD OF ADJUSTMENTS AND APPEALS MINUTES FEBRUARY 22, 1988 MEMBERS PRESENT: Willard Johnson, Carol Watson and Tom Hamilton MEMBERS ABSENT: Dale Geving STAFF PRESENT: Barbara Dacy, City Planner VARIANCE REQUEST TO THE RECREATIONAL BEACHLOT ORDINANCE TO PERMIT INSTALLATION OF A DOCK WITH FOUR SLIPS FOR OVERNIGHT STORAGE AND TWO CANOE RACKS, STRATFORD RIDGE SUBDIVISION Dacy presented the staff report to the Board. She stated that based on the City Attorney's opinion, there was no hardship proven to grant the variance. It was suggested that the City amend the ordinance rather than granting a variance request. Bob Pierce, the applicant, submitted a letter from Dave Headla in support of the variance request. Pierce stated that the ability to have a beachlot would increase the value of the four lots abutting Minnewashta Parkway. He stated that if the beachlot and variance were not granted then the lots and homes could lose value up to $100,000. Allen Willcutt from Schoell and Madson reviewed the proposed recreational beachlot plan. He stated that trees would be removed. He stated that the storm sewer pipe has been moved so that tree removal can be avoided. He stated that the size of the beach area has also been limited to preserve the natural area to the south. Bob Pierce also stated that the area where the docks are to be located was in excess of 100 feet. He also stated that the plan was designed to create as much of a buffer as possible to adjacent property owners. The Chairman opened the public hearing. Mary Jo Moore, 3231 Dartmouth Drive, stated that she had no objection to the docking, however, she did object to the beachlot in general because of the existing activity on Lake Minnewashta. She stated that the city should stick by its current ordinance. Ray Roettger, 3221 Dartmouth Drive, stated that people who own property adjacent to the lake take care of the property better than those who do not. He stated that his own experience has been bad living next to a recreational beachlot. He stated that usage has increased and the beachlot is becoming overloaded. Chuck Lawson, current owner of the subject property, stated that there has been a dock on the property for a number of years. He stated that the Leach property was very busy many years ago and he can see no agrument against having a dock on Lake Minnewashta. BOA Minutes February 22, 1988 Page 2 Motion by Johnson, seconded by Watson, to close the public hearing. All voted in favor and the motion carried. Hamilton stated that each case should be decided on its indivi- dual facts and merits. He stated that the city should encourage canoe racks as it would promote non-motorized activity. He stated that he did not have difficulty with installation of the dock. He also stated that a homeowners association should be created to properly maintain it. He stated that the proposed beachlot request would help clean up the dead trees in the area. He stated that the beachlot can not be seen from the road as one travels by. He stated that the lake is there for all people. Hamilton questioned the City Attorney's opinion regarding the property being split by Minnewashta Parkway. He stated that the parcel should be considered as one lot. He suggested to the Board that they consider a motion to allow the canoe racks and one dock, but allow overnight storage for thboat slips only. Johnson stated that he did have a problem with the lot depth issue and that the city should stick by the ordinance regarding the number of slips. Watson also questioned the City Attorney's opinion on the separate parcel issue. Dacy stated that the current ordinance states that if a lot is split by a road right-of-way, the abutting land on either side of it should be deemed as a separate parcel. She reviewed the City Attorney's opinion explaining that if it is to be considered as one parcel it would be difficult to measure setbacks, lot covera- ges and other building requirements. Mary Jo Moore stated that the city would not receive property taxes from beachlots. Hamilton stated that he did not believe that this was true. Hamilton moved to grant the variance to allow the installation of a dock to permit three slips for overnight storage of boats, installation of two canoe racks according to the plan stamped "Received February 18, 1988". The motion was seconded by Johnson. Watson stated that she felt the ordinance should be clarified first rather than considering a variance request. Johnson and Watson voted against the motion, and Hamilton voted for the motion. The motion failed. BOA Minutes February 22, 1988 Page 3 APPROVAL OF MINUTES Watson moved, seconded by Johnson to approve the minutes of October 5, 1987. Watson and Johnson voted in favor. Hamilton abstained. Hamilton moved, seconded by Watson, to adjourn the meeting at 7:30 p.m.