08/08/1984 P&Z Minutes - Laserfiche WebLink

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Planning and Zoning Board August 8, 1984 Page Three review the ordinance at tonight's meeting. �ONALD WYSE - VARIANCE /REZONE Mr. Wyse explained that he wants to add onto his owner occupied duplex a family room of 22' X 24" because during the years he has lived there (since 1975) his children have grown and he feels his family needs the extra space. He owns 1.3 acres including the land behind his lot, which he does not intend to sell. The size of his current house is 28' X 60' and the occu- pants of the other duplex unit are a mother and a child. Mr. Wyse' neighbors (also owner occupant duplex owners) were in attendance to back up Mr. Wyse' request. One of the neighbors stated that he may be interested in doing some similar construction if the Board approves Mr. Wyse' request. Mr. McLean was concerned with a precedent being set. The Board referred to City Ordinance, which does not allow approval of Mr. Wyse' variance request and they offered alternatives such as using basement or breaking into other duplex unit, both of which were unacceptable alter- natives in Mr. Wyse' opinion. The Board explained the meaning of the ordin- ance and the fact that a variance requires a hardship of the land and what steps Mr. Wyse should take to request a rezone, and that possibly such a request would be denied. The Board wrestled with the intent of the ordin- ance and the fact that the ordinance reads " . . . provided alterations will not increase the number of dwelling units or expand the bulk of structure." OProkop moved "In view of the fact that we seem to be at an impasse and Or fact that Mr. Donald Wyse has made application for a variance for his property at 8519 4th Ave., Lino Lakes to permit him to expand his property according to the application dated 7/31/84 and in view of the fact that his land is currently zoned rural, his property is a nonconforming use, that the present structure is grandfathered in, and the present zoning ordinance Subdivision 3, Section 2 stipulates that "no structural altera- tions shall be made" and Section 9 states "Alterations may be made to a structure containing nonconforming residential units when they will improve the livability thereof, provided they will not increase the number of dwel- ling units or expand the existing bulk of structure. ", the Planning and Zoning Board requests of the City Attorney any opinion that may be appro- priate in this particular case for guidance and direction." Mr. Goldade wished to see an opinion from the City Planner as well. Mr. Kluegel presented a copy of the City Planner's opinion in the recent Apitz Garage similar situation which did not allow for approval. Mr. Cody recom- mended amending the ordinance to remove the last sentence of Subdivision 3, Section 9, and felt that there was no need to ask for opinions since the ordinance is available in black and white to the Board for interpreta- tion and guidance. Voting on Mr. Prokop's motion, all members voted nay, thus motion failed. Mr. Prokop again moved "The Board recommend to Council that the request of Mr. Wyse for a variance to add on to his property, dated 7/31/84 be denied or the reasons that the land is in a nonconforming use, specifically a rental property duplex in a rural zone with a lot size below ten acres and the zoning ordinance, Subdivision 3, Sections 2 and 9 preclude the request that Mr. Wyse has made." Mr. Cody seconded the motion. On voting on the motion, Mr. Goldade voted nay because he felt that Mr. Wyse should have the option to add onto his home just like a one - family