1991 12 09Board Of Adjustments and Appeals Minutes
Monday, December 9, 1991
Members present: Willard Johnson, Carol Watson, and Tom Workman
Staff present: Paul Krauss and Sharmin A1-Jaff
The meeting was called to order at 6:30 p.m. by Chairman Johnson.
A Variance Request for a 15 foot Front Yard Variance and a 5 foot
Side Yard Setback Variance for the Construction of a Garage on
property zoned RSF, Residential Single Family and located at 220
Frontier Court, Peter Dahl. (Tabled from 11/18/1991 Meeting).
A1-Jaff presented the staff report update.
Jay Warrior requested an explanation and a reason as to why the
Board of Adjustments and Appeals recommended approval of
Alternative #3.
Workman indicated that the third alternative does not affect the
neighbor to the west. The third alternative gives the applicant
adequate space to build a two car garage and a storage area.
Johnson shared Workman's opinion.
Watson indicated that the pitched roof on the drawings that were
submitted looked fine.
Watson made a motion to approve Variance Request #91-19 for.a 15
foot front yard, 5 foot side yard, and 10 foot rear yard setback to
build a two car garage addition. Workman seconded the motion. All
voted in favor and the motion carried.
A Variance to the Bluff Line Preservation Ordinance for the
Construction of a Single Family Home located on property zoned RR,
Rural Residential and located on Lot 28, Block 1, Hesse Farm 2nd
Addition (1405 West Farm Road), John Sexton Construction, James
Struble.
A1-Jaff presented the staff report.
Mr. Sexton indicated that the property was purchased in 1989 which
is before the adoption of the ordinance. He also stated that to
actually maintain the setback required by ordinance, without
changing the design of the house, they wOuld need to shift the
proposed house back 100 feet. If this is done, the house would be
located in the open field and not between the trees.
Mr. Struble stated that he had received the notices from the city
regarding the adoption of the ordinance but disregarded them
because he did not think his property was in a bluff zone and that
the new ordinance would not impact his lot.
Board of Adjustments and Appeals
Minutes of December 9, 1991
Page 2
Workman stated that the situation is unfortunate and that the City
Council knew this would happen.
Watson felt that the Board of Adjustments and Appeals did not have
enough experience with this ordinance and that it should be
referred to the City Council for consideration.
Krauss stated that a similar situation took place in the Deerbrook
subdivision. The difference was that the applicant was never
notified, his application was received one day prior to adoption of
the Bluff Ordinance, and his home maintained a 5 foot setback from
the top of the bluff. He stated that if the Board wishes, they can
give the applicant a 5 foot setback variance from the top of the
bluff with the following conditions:
·
The applicant submit a tree preservation plan.
The applicant maintain the natural drainageway.
Watson moved to approve a 5 foot setback variance from the top of
the bluff with the conditions that the applicant submit a tree
preservation plan and maintain the natural drainageway before one
shovel of dirt is moved. Workman seconded the motion. All voted
in favor and the motion carried.
Approval of Minutes
Johnson moved, seconded by Watson to approve the minutes of
November 18, 1991. All voted in favor and the motion carried.
The meeting adjourned at 7:15 p.m.