09/11/1996 P&Z Minutes - Laserfiche WebLink

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• • • Planning & Zoning Board September 11, 1996 Mr. Brixius noted a correction to the survey. The lots are 300 feet deep from Lake Drive to the first monument and an additional 590 feet to the water's edge. The Tots are close to 800 feet deep. He would like to be sure that urban size lots are not being created. The buildable are appears to be plus 30,000 sq. ft. Ms. Dahl asked if the lot can be sold with the present 200 -foot width if the variance is denied. Mr. Miller stated that the owners would try to sell it as 200 feet but would prefer the two 100 -foot lots. Mr. Gelbmann stated that it is hard for him to justify taking an existing, conforming shoreland lot and make it into a nonconforming lot. Reducing the size of lots sets a precedent for non - sewered lots. The hardship to justify the variance is directly based on economics. These factors are not enough for this action to be appropriate. Mr. Johnson agreed that the proposal does not meet all of the conditions for a variance. He is also uncomfortable taking action just because of the way the adjoining lots are configured. Each variance needs to be treated as a unique situation. Mr. William Johnson made a MOTION to deny the variance on the grounds that it does not meet condition Nos. A. and C. for variance approval and was supported by Gelbmann. The motion carried 4 -3. Members voting against the motion were Chair Schaps, Robinson and Herr. Mr.Robinson stated that the applicant still has the opportunity to appeal this decision before the City Council. D. 96 -32 Variance, Kim and John Sullivan, 7132 Whippoorwill Ms. Wyland stated that John and Kim Sullivan are requesting an after - the -fact variance to allow an accessory building that was built to remain at 1.6 feet from the street side of their property. The variance requested is 28.4 feet. The Sullivans believe they received misinformation when they decided on the location of the present structure. Staff has suggested an alternate location to avoid setting a precedent of accessory buildings 1.6. feet from the property line. The Sullivans do not believe an alternate location is the best place for the structure due to the unique features of the lot: 1) it is a unique shape; 2) existing drainage easements; 3) it is a corner lot with a larger setback requirement. Staff would not recommend an accessory building 1.6 feet from the property line but would consider a variance with a larger setback. Mr. Herr asked the City's policy if misinformation is given. 17