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1990 02 26BOARD OF ADJUSTMENTS AND APPEALS MINUTES February 26, 1990 MEMBERS PRESENT: Willard Johnson, Carol Watson and Jay Johnson. STAFF PRESENT: Paul Krauss, Planning Director and Steve Kirchman, Building Official. CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Chairman Johnson. REQUEST FOR TIME EXTENSION FOR VARIANCE PREVIOUSLY GRANTED, JAMES JESSUP, 9247 LAKE RILEY BOULEVARD Staff presented this staff report to the board. Krauss indicated that the report was in error relative to the gas tank. The report indicated that the gas tank was located on the subject site and had been used to store aviation fuel for seaplanes. The error was that the tank was located on adjoining property but has apparently polluted soils on the subject's site. Staff indicated that the conditions and terms of approval relative to the variance had not changed but that the delay in building was due to the pollution problems and the need to resolve them prior to the issuance of the building permit, approval was recommended for the extension. Johnson inquired as to whether or not the building plans were the same as had originaly been approved. The appli- cant indicated that they were. The applicant also requested that the extension be valid until one year from the date of MMPCA's approval of the 'site for construction. He indicated that this request was due to the fact that the PCA may not act on the matter for some time and that a simple calendar year expension may not provide sufficient time to comb and build the site. Watson indicated that she is comfortable with the extension as requested by staff for the one calendar year. She acknowledged that another year may be requested in the future and that the board would probably not be opposed to granting one but that city actions could not be contingent upon the actions of an external agency. Johnson moved, Watson seconded, for approval of a one year exten- sion to the variance. All present voted in favor. REAR YARD SETBACK VARIANCE FOR AN EXISTING SHED LOCATED AT 620 FOX HILL ROAD, JAMES MCALLISTER. Staff presented the staff report to the board. Additional infor- mation as requested pretaining to the building permits was pre- sented. It was indicated that the information that staff had gathered revealed no unusual aspects or issues and that since we continued to fail to see the hardship that denial was again recommended. Johnson asked if the contractor for the slab of the shed was contacted. Steve Kirchman indicated that yes he had contacted the contractor and he indicated that the shed was totally renovated and that the owner had indicated to him that a permit had been obtained. Willard Johnson indicated that he had also contacted the contractor. Watson indicated that the BOARD OF ADJUSTMENTS AND APPEALS MINUTES February 26, 1990 Page 2 contractor should have known better than to operate without a permit. The applicant then addressed the Board. He noted that the City has granted other setback variances in the area. Watson said that although other variances were granted that hardships in most cases had been demonstrated, which in her opinion did not exist in this instance. The applicant indicated that the permits which had been issued, were modified at the site by the building inspector to which he pointed out the fact that the garage and home permits were for buildings that are not actualy the buildings that were constructed. Jay Johnson asked the applicant what this had to do with the shed, to which the applicant replied, this was evidence of some confusion relative to the fire. He indicated that the shed was knocked down by a bobcat that was cleaning fire debris from the home. Watson explained the philosophy behind variance review and approval. The appli- cant indicated that he may be in the position of acquire a por- tion of land from the adjoining property owner to eliminate the variance. Staff was asked to respond to this and indicated that we did not have a problem with it in concept as long as no new variances were created, however, the lots would need to be replated to allow for proper filing of this request. Jay Johnson moved to grant a ninety day extension to allow the applicant to attempt to purchase two feet of land and directed staff to work with the City Attorney to see if we would accept a quit claim deed in lieu of the survey. Watson seconded the motion. All present voted in favor. APPROVAL OF THE MINUTES: Watson moved approval of the minutes. Jay Johnson seconded and all present voted in favor. Staff indicated that the City Council was being asked later that evening to consider reappointment of the two non council board members. We asked for direction as to whether or not the posi- tions should be advertised. Krauss gave a brief synopsis of the position paper that was going to be presented to the City Council that evening pertaining to variance proceedures and ordinance requirements. He indicated that in responding to City Council requests, revised language had been drafted that would have the effect of giving more lattitude in determining what constitutes a hardship. It would also place responsibilities for some types of variances with the Planning Commission and City Council. He indicated that this was a posi- tion paper only and that he was seeking council direction as to whether or not it should be discussed further with the Planning Commission and Board of Adjustments and Appeals.