08-22-2022 City Council Packet - Laserfiche WebLink

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COUNCIL MINUTES DRAFT 117 - Background — variance from lot combination requirements; 118 - Site Location — two lots; 119 - Property History — structure approvals in the past; plans to sell one lot; 120 - City Zoning Requirements — implication of zoning ordinance on these properties (lots); 121 - City Ordinances — Noted ordinances on Nonconforming Uses and Structures, Lot of Record; 122 Shoreland Ordinance (that are the basis of the request for variance); 123 - DNR Comments — no comments; 124 - Variance Criteria and Findings of Fact — council can grant exceptions under certain criteria; 125 Planning and Zoning Board did approve the variance request (findings noted); 126 - Conditions — recommended by the Planning and Zoning Board (reviewed). 127 The council discussed the size of the lots around these two (they are smaller); the council received 128 confirmation that the other lots have structures on them. 129 Mayor Rafferty asked for clarification that if the lot is sold, it is buildable. Ms. Larsen noted, 130 regarding building on the second lot, there isn't an issue from a zoning perspective but there are 131 building code and other requirements that are standard that must be met. 132 Carol, Bob and Kennedy Stanek told the council that they don't disagree with the presentation. They 133 have requests, if the variance is granted. Namely, they would like a change that allows them to keep 134 the horses on the land until the date of sale rather than the listing as they intend to move the animals to 135 a farm elsewhere. They would intend to move everything prior to the final sale date. 136 Staff did not object to the requested change. 137 Mr. Stanek noted the shoreland buffer declaration and staff clarified how the buffer was calculated (it is 138 not an official calculation). Mr. Stanek asked if shoreland declaration area requirements 139 (approximately 200 feet) have changed — they bought the property and the land was mowed to the 140 lakeshore. Staff explained that with the action and review, staff recommends that the buffer area be 141 clarified and put into condition. Mr. Stanek explained how the previous owners reenforced the shore; 142 it's been a long standing situation with the shoreline. When asked, Mr. Stanek explained his rationale 143 for requesting less of a shoreland buffer — it's a yard area that they have used but not overused. 144 Councilmember Lyden noted the deliniation of lower to higher ground; he wouldn't have a problem 145 with following that line. Staff clarified that this is the same formula used with previous development 146 proposals along lakes. Councilmember Stoesz suggested that the language indicate that the buffer 147 will be based on a shoreline survey. 148 149 Staff is recommending that the delination be based on an actual survey. Mayor Rafferty asked if this 150 could be taken out of the variance now and this part be brought back. Staff clarified that the graphic 151 shown is an estimate and the resolution is presented with the requirement for a survey to make final 152 determinations. The Staneks concurred and asked for a date for compliance (November 1, 2022 was 153 set). 154 Councilmember Stoesz moved to approve Resolution No. 22-74 as amended to change a condition 155 requirement from the time of listing to the time of closing and requiring completion of the shoreline 156 survey by November 1, 2022. Motion carried on a voice vote. 4