03/11/1987 P&Z Minutes - Laserfiche WebLink

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• • • PLANNING & ZONING BOARD March 11, 1987 Page Three to the storage area as it exists and in fact the neighbors preferred the existing structure which is not visible to a storage building next to the Chapeau's house. MOTION; Mr. Prokop moved to recommend to Council approval of a variance for Kenneth Chapeau, application #87 -1, 1243 W. 81st St., Lino Lakes, MN. This variance would be to the accessory building ordinance and is recommended due to the hardship of the land (50% of the land having water table problems per the City Planner) with the following findings of fact: (1) That the property in question cannot be put to a reasonable use if used under conditions allowed by the accessory building ordinance. (2) That the plight of the landowner is due to circumstances unique to his property (watertable problems and asthetics problem if the storage building is located alongside the house). These circumstances are not created by the landowner, (3) The hardship is not due to economic considerations alone. (4) Granting the variance will not confer on the applicant any special privilege. (5)This action will not unreasonably dimin- ish or impair established property values within the neighborhood. (6)The proposed actions will be in keeping with the spirit and in- tent of the ordinance. (Appendix B, Section 5, Subd. 7 (1 - 6). Granting of this variance also will mean that the 16' X 8' storage area which is presently attached to the Chapeau's garage will con- stitute a "storage building" and no other "storage building" will be allowed on the property. Mr. Joyer seconded the motion which carried unanimously. MIKE WISE - VARIANCE TO FENCING ORDINANCE Mr. Kluegel explained that Mr. Wise is requesting a variance which would allow him a 6 foot fence on his property rather than the 4 foot fence allowed per ordinance. Anoka County has requested the variance since the County Highway Department proposes to acquire additional right of way from the Wise property that will bring the right of way line within 11 feet of the side of the Wise house. A fence of this height would help mitigate the noise and other effects of the project. Mr. Schumacher noted also that the City needs to acquire land along the other side of the property for 4th Avenue, which will pose further hardship to the property. Mr. Kinnan was in attendance representing the County. MOTION: Ms. Nelson moved to recommend to Council approval of a variance to the fencing ordinance (Appendix B, Section 4, Subd. 29) for Michael Wise, 7999 4th Avenue, Lino Lakes, (application #87 -5). This variance would allow a 6 foot high fence rather than a 4 foot high fence, and is recommended due to the hardship of the land posed by right of way acquisition. The following findings of fact apply: (1) The property in question cannot be put to reasonable use under the conditions allowed in the fencing ordinance. (2) The plight of the landowner is due to circumstances unique to his property not created by the landowner. (3) The hardship is not due to economic considerations alone. (4) Granting of variance will not confer on