1989 11 06BOARD OF ADJUSTMENTS AND APPEALS MINUTES
NOVEMBER 6, 1989
MEMBERS PRESENT: Willard Johnson, Carol Watson and Ursula Dimler
STAFF PRESENT:
PIERCE APPEAL INTERPRETATION OF THE ZONING ORDINANCE REGARDING
RECREATIONAL BEACHLOTS
Staff presented the report to the Board.
Peter Beck stated that the general concensus of the City Council
during the last discussion of this item was that the dock would
be okay but that an amendment to the ordinance should be pro-
cessed rather than granting a variance. By the time that the
Council reviewed the zoning ordinance amendment it could not be
agreed upon how to amend the ordinance and the ordinance amend-
ment was denied. During the City Council review, the question of
interpretation of the ordinance was brought up by Councilman Jay
Johnson. Jay Johnson questioned if the applicant did not already
meet the regulation since it stated that they must have a 100
foot depth, which the recreational beachlot does have.
Watson stated how can they appeal if we don't know what it means
and it seems like we are putting the cart before the horse. The
City Council should make the determination of what the ordinance
means and that is not a determination of the Board of
Adjustments.
Elliot Knetsch stated that the Board of Adjustment's purpose is
to review the ordinances as they are written right now and the
applicant's appeal is to the interpretation of how the ordinance
is stated and that the ball is in the Board of Adjustment's
court.
Dimler questioned how the applicant would determine who uses the
recreational beachlot.
Peter Beck stated that there would be a homeowner's association
and only the front three lots along Lake Minnewashta would have
use of the dock.
Johnson stated that there is 95 feet of depth at the area where
the dock is being proposed and that he feels the interpretation
of the ordinance could be seen as only requiring 100 foot depth
which the recreational beachlot does have and that the dock
should be permitted.
Dimler stated that the recreational beachlot does have a 100 foot
depth which is how it is stated in the ordinance. The applicant
is requesting an appeal to staff interpretation of the ordinance
and feels that the Board of Adjustments must review the way the
BOA Minutes
November 6, 1989
Page 2
ordinance is written today. The ordinance states that a
recreational beachlot must have a 100 foot depth and again, that
they do have a 100 foot depth and that she recommends approval of
the 100 foot depth interpretation.
Dimler moved, seconded by Johnson to approve the interpretation
of the 100 foot depth for recreational beachlots as stated in the
zoning ordinance. All voted in favor and the motion carried.
Watson moved, seconded by Dimler to close the public hearing.
All voted in favor and the motion carried.