09/14/2005 P&Z Packet - Laserfiche WebLink

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• • • Planning & Zoning Board August 10, 2005 Page 3 cause the redevelopment of the street and the possibility of utilities being put in on W. Shadow Lake Drive, but it would not affect this application and Mr. Erickson would still need to obtain the variance as they would be encroaching closer than the neighboring properties. Mr. Hyden arrived at 6:50 p.m. Chair Rafferty invited applicant to make comment. Brad Erickson, 6868 W. Shadow Lake Drive, stated they were upset with the City staff and summarized the process they had followed for this variance. He indicated they were over 100 -feet from the lake. He noted they had worked closely with staff on this and had spent a lot of money for this variance and moved ahead with their plans. He stated he believed they had followed everything the City staff had directed and he was disappointed the staff was recommending denial. He indicated they had spent several thousand dollars on this, which they would not have done if they believed this would not be approved. He indicated he wanted to be treated the same as everyone else in the neighborhood. He stated he has lived in the neighborhood for 25 years and has never had any problems with flooding or water sitting in his yard. Chair Rafferty stated he believed staff was trying to help him through this variance, but unfortunately, the DNR was saying there were other ways of doing this. Mr. Erickson asked why was their neighbor allowed to build a porch. He stated he did not believe his project would affect the lake quality. He noted the City and DNR until recently did not have any interest in the lake and if anything the residents had tried to improve the quality of the lake. He noted most of the main structure was set closer to the lake than he was. Chair Rafferty stated he had looked at his site and the guidelines in place were to keep standardization and reducing a 100 -foot setback to 50 -feet, was pushing it. Mr. Erickson noted there were a lot of houses on the lake sitting on the setback and most of those houses were put in before setbacks were in place. Chair Rafferty noted the elevation for the 100 -year flood was farther up in his yard. Mr. Erickson responded his neighbors had brought in fill years ago to build up their yards, but he had no need to do that because he did not have flooding issues. Mr. Hyden asked if the 100 -foot setback would change if W. Shadow Lake Drive went on City sewer and water. Mr. Bengston replied it would be reduced to 75 -feet, but this property would still need a variance. Mr. Hyden asked if the neighboring house had gone through a similar process. Mr. Bengston replied staff had looked at this and there had been homes closer than 100 feet, but they had met the shoreline ordinance. He noted there were a couple of homes that were almost on top of the ordinary high water line that had been there for quite awhile. DRAFT MINUTES