10/09/1996 P&Z Minutes - Laserfiche WebLink

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• • • Planning & Zoning Board October 9, 1996 Mr. Wessel stated that the Council is not recommending that the structure remain in its present location. The suggestion is for the Sullivans to review their options and possibly move it within the setback area which would still require a variance. The Sullivans have the prerogative to pursue the original variance. Ms. Dahl stated that because there could have been a miscommunication by both parties and since the structure is standing and there are no permits or precedent set for this type of circumstance, she would support grandfathering this structure in to remain where it is. Since the Council suggested the Sullivans pursue a variance, she would support the variance. Mr. Herr stated that he would like to see more flexibility. He would not support this variance but possibly would support a smaller variance of 15 feet. He agreed with the Sullivans on the constraints of the property but cannot support the variance as presented. Chair Schaps stated that it is clear there has been miscommunication between the two parties, and he does not believe the miscommunication is one - sided. Project builders depend on the City to tell them the right locations for buildings. This is a sensitive issue because the Board has just spent a year developing a clearer set of ordinances to enforce. He is not in favor of a 93% variance of the ordinance which he believes would be as bad a precedent as the Council trying to appease property owners with cost - sharing. Mr. Johnson made a MOTION to deny the requested variance by the Sullivans and was seconded by Mr. Gelbmann. The motion carried, 4 -2. Mr. Dunn and Ms. Dahl opposed. C. PUBLIC HEARING - MUSA Expansion on Lilac Avenue and Marvy Street Chair Schaps declared the public hearing open at 7:08 p.m. Ms. Wyland stated that the City has received two requests from two property owners to amend the Metropolitan Urban Services Area (MUSA) Agreement to allow City sewer and water services to their property as a result of septic system failure. A petition has been received from six property owners on Lilac Street requesting their properties be included in MUSA. One of the parcels with septic system failure is located on Lilac Street, which has sewer and water lines. The six properties are not currently located within MUSA and must be in order to be allowed utility line connection. The Metropolitan Council has recommended including the whole section rather than just the one property and has indicated that there would be a favorable response to the addition of approximately 16.2