1988 04 25BOARD OF ADJUSTMENTS AND APPEALS MINUTES
APRIL 25, 1988
MEMBERS PRESENT: Willard Johnson, Carol Watson and Dale Geving
STAFF PRESENT: Barbara Dacy, City Planner
Meeting called to order by Chairman Johnson at 6:30 p.m.
LOT WIDTH AND LOT AREA VARIANCE TO THE RECREATIONAL BEACHLOT
REGULATIONS, SUNNY SLOPE HOMEOWNERS ASSOCIATION:
Joy Tanner
Lucille Ramus
9243 Lake Riley Blvd.
9245 Lake Riley Blvd.
Dacy presented the staff report.
The Chairman opened the public hearing.
Geving stated that he preferred that the lot not be used as a
recreational Oeachlot but for a single family home.
Watson agreed with Geving's comments. She stated that she was
not in favor of granting variances and would prefer to analyze
the ordinance to determine any deficiencies and revise the ordi-
nance rather than granting variances.
Johnson agreed that use of the lot as a single family home was
more appropriate than as a recreational beachlot.
Steve Burke, representative of Sunny Slope Homeowners
Association, stated that they are requesting this application so
that the Council can make final ruling on the application.
Joy Tanner, 9243 Lake Riley Blvd., stated that she had the
understanding in 1978, that Lot 37 could not be used as a beach-
lot at that time. She stated that it should not be used as a
beachlot now.
Motion by Geving, seconded by Watson, to close the public
hearing. All voted in favor and the motion carried.
Watson moved, seconded by Geving, to pass this request on to the
City Council with the comments made by the Board. All voted in
favor and the motion carried.
LOT AREA VARIANCE REQUEST, LOTS 2763-2766, CARVER BEACH, R AND R
LAND VENTURES:
William F. Kelly
Gilbert Schwartz
Mark Quiet
Rick Michaelis
Nancy & Michael Mason
351 Second Street, Excelsior
Young America
6889 Yuma Drive
6890 Yuma Drive
833 Woodhill Drive
Dacy presented the staff report.
Board of Adjustments and Appeals
April 25, 1988
Page 2
The Chairman opened the public hearing.
Ron Kruger, the applicant, stated that the property has been
assessed and that the proposed home would have no problem meeting
the city's required setbacks. He also stated that he would work
with the adjacent property owner to address their concerns.
Geving stated that he remembered that the lot to the south had a
variance similar to the one being requested now. He stated that
there is not any other use for this property without a variance.
He stated that there is no other area to acquire. He asked the
applicants if they have addressed the drainage issue with the
adjacent property owner.
Roxanne Lund, the applicant, stated that they had spoken with the
neighbors and will shape the property so that it does not affect
the basement of the home immediately to the east.
Geving stated that he would want that as a condition of approval.
Johnson stated that he agreed that the drainage issue should be
made part of the motion.
Nancy and Michael Mason, 833 Woodhill Drive, stated that they
felt that the lot was too small. They stated that their property
slopes sharply and stated that they wanted to know how the runoff
from this property would be handled. They also stated that they
moved into the area because they knew the city required a lot
size of 15,000 square feet.
Ron Krueger stated that they will address the drainage issue to
resolve the Mason's concern. He also stated that they did make
an offer on the property to the west; however, that property
owner was unwilling to sell.
Frank Kelly, representing Mrs. Hilger from Seattle, Washington,
stated that he supported the application and if granted his
client would be making a similar request.
Geving asked the applicant how they would protect the trees on
the Mason property.
Ron Krueger stated that they would be filing private covenants on
the property to protect the trees in the rear of the property.
Roxanne Lund stated that the trees in the area of the house exca-
vation will be removed. She also stated that some trees imme-
diately adjacent the excavation may not survive the trauma of
grading occurring around it.
Dacy stated that there are measures that can be taken to protect
trees during construction by constructing barriers around the
Board of Adjustments and Appeals
April 25, 1988
Page 3
drip line of trees. She stated that the trees on the Mason
property should not be affected.
Motion by Geving, seconded by Watson, to close the public
hearing. All voted in favor and the motion carried.
Geving moved, seconded by Watson, to approve the lot area
variance request to construct a single family home on 8,000
square foot lot, subject to the following conditions:
1. The drainage issues discussed during the meeting should be
addressed so that runoff does not adversely affect the adja-
cent property to the east.
2. During construction of the single family home, as many trees
as possible shall be protected.
3. The proposed house shall meet all city setbacks.
Ail voted in favor and the motion carried.
Watson asked Dacy what happens if the lot area variance is not
granted. Dacy stated that the applicants would have the right to
file suit against the city for taking all reasonable use of the
property and asking for just compensation. Watson also asked
Dacy to state for the record whether or not the property has been
assessed. Dacy stated that the property has been assessed for
water and sewer.
APPROVAL OF MINUTES: Motion by Watson, seconded by Johnson to
approve the minutes of February 22, 1988. Geving abstained.
Motion by Geving, seconded by Johnson, to adjourn the meeting at
7:00 p.m. All voted in favor and the motion carried.