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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.