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Planning & Zoning Board <br />January 14, 2004 <br />Page 12 <br />Chair Schaps invited the public to make comment. <br />Ron Fuchs, Hokanson Development, 9174 Isanti Street NE, Blaine, read from a prepared <br />statement which he presented to staff. He requested the Board deny this request. <br />Chair Schaps asked if the medium density was accurate. Mr. Fuchs replied the existing <br />development is 6.4 units /acre, which is in the range of high density. <br />Bob Voeller, representative of owner, 634 Aqua Circle, Vice President Marshan Lakes <br />Townhouse Association, stated they did not want housing units stacked one on top of <br />each other. He stated they had built their homes with the understanding that there would <br />be green space. He requested the Board rezone the property to R -3. <br />Mr. Hyden made a MOTION to close the public hearing at 9:44 p.m. and was supported <br />by Mr. Tralle. Motion carried 4 -0. <br />Mr. Tralle made a MOTION to recommend approval of Rezoning Site from R -4 to R -3, <br />Northeast Corner Lake Drive and Aqua Lane and was supported by Ms. Lane. Motion <br />carried 4 -0. <br />F. CONTINUED Variances for detached garage, Joseph Kivel, 6262 Otter Lake <br />Road <br />Staff stated applicant had completed the two pending action items requested by the Board <br />at their October 8, 2003 meeting. Staff noted the two action items were a full Certificate <br />of Survey would be submitted, with a complete setback information and proposed garage <br />dimensions and setbacks; the applicant would explore the possibility to swapping land <br />with the neighboring property owner to the north, whereby land could be acquired so that <br />a driveway could be constructed along the northern property boundary with a garage to <br />be placed to the east of the home. <br />Staff presented their analysis and recommended approval of the proposed variance with <br />the following condition: <br />1. The applicant, their successors, and assigns are hereby notified that should Otter <br />Lake Road expand by ten feet or less, neither the City and /or road authority will <br />pay compensation to the property owners for severance damages due to their <br />encroachment in the setback area. <br />Mr. Tralle asked if the City would have to buy Mr. Kivel out if the road went through. <br />Ms. Gretz replied there was a condition in the report that dealt with this issue. <br />Mr. Hyden asked if this would set a precedent for the homes in that area. Ms. Gretz <br />replied this was a difficult question to answer, but there is a clear hardship in this <br />situation. <br />DRAFT MINUTES <br />• <br />• <br />• <br />