06/11/2003 P&Z Packet - Laserfiche WebLink

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• • • Planning & Zoning Board May 14, 2003 Page 4 Mr. Rafferty stated the most positive thing was that the people who built the home knew the street might go through and everyone was made aware of the fact that the street might go through. He knew the rules were what they were, but that things had changed with the existing homeowner since they purchased the home, it was now a different setback. Chair Schaps stated every lot had potential and every lot would have some type of a restriction. Unfortunately, Ordinances changed but they needed to follow today's Ordinances. He stated he believed they had other options including reducing their square footage. Mr. Corson stated they had the Ordinances for a reason and if they granted this variance for 31/2 -feet, the next person who came before the Board requesting a 31/2-foot variance, they would have a difficult time denying it. Mr. Lyden made a MOTION to approve the variance to allow an addition (home and garage) for property located at 6206 Red Maple Lane, Rebecca Keller for the reason that the lot had unique characteristics and was supported by Mr. Tralle. Motion carried 3 -2 (Tralle, Lyden, and Rafferty — Aye. Corson and Hyden — Nay). B. Thomas Laumeyer, 6174 Centerville Road, Variance Staff stated applicant's home was non - conforming in that it was located within the Shoreland Overlay District of Lake Amelia, but did not meet the required 150 -foot setback requirement from the ordinary high water level (OHWL). Applicant would now like to add an addition onto his home, however the proposed addition would likewise not meet the required setback from the OHWL. As a result, the applicant was requesting a variance from the 150 -foot setback from the OHWL. Staff presented its analysis and reviewed the five findings for a variance. Staff recommended denial of the variance because it did not demonstrate a hardship. Chair Schaps invited applicant to make comment. Thomas Laumeyer, 6174 Centerville Road, stated he believed his unique circumstances were tied to the physical property. He presented his Certificate of Survey and noted he had 174 feet to the easement: the lot is so narrow that it cannot accommodate both the required 150' setback from the OHWL of Lake Amelia to the East and the required 40' setback from Centerville Road to the West, so it was impossible to place these structures anywhere within the Code. He stated the home was built in 1959 by his parents. He noted the home was very small. He stated he had lived there for 8 years. He stated the home was 800 square feet, noting it was smaller than a 14x80 mobile home. He noted he believed he had a hardship. He stated he did not believe there was an absence of hardship. He indicated his situation was unique to the area because he was the only existing home on the lake that was this close and he did not believe anyone would ask for a variance because there were no other homes that close. He stated the DNR had been notified and they did not have a problem as long as he did not go closer to the lake. He stated his proposed addition would not bring it closer to the lake. He indicated he had spoken with his neighbors and they did not have any problem with this proposal. He indicated it would not hurt anybody to add onto his home. DRAFT MINUTES