04/23/1990 Council Minutes - Laserfiche WebLink

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1 COUNCIL MEETING APRIL 23, 1990 DESIGN REVIEW BOARD REPORT - JOHN MILLER Set Public Hearing for Rezone, Paul Howard, Baldwin Lake Court for May 29, 1990 at 7:30 P.M. - Council Member Bohjanen moved to set this hearing. Council Member Reinert seconded the motion. Motion carried unanimously. First Reading, Ordinance No. 05 - 90, Amending Accessory Building Code - Mr. Miller explained that the size of accessory buildings has been an issue for a long time. This matter has been reviewed at length by the Design Review Board and the former Planning and Zoning Board. At one time the Planning and Zoning Board had looked at major changes in this ordinance but decided that the entire matter was so complex that they dropped the revision. Recently Mr. Elwin Klimek, 1390 Karth Road purchased the Gene Blomquist building on Ash Street, dismantled it and rebuilt it on his lot,. The Building Inspector "red tagged" the building because it was to large for the zoning district. Mr. Klimek has now presented a petition requesting the City to revise the accessory building standards. Mr. Miller explained that there are many one (1) acre lots in this City. Unfortunately there are some lots just under one (1) acre and some lots just over one (1) acre. A problem occurs when a resident with 97/100's of an acre is unable to build the same size building as his neighbor who has one (1) and two tenths (2/10) acres. The Design Review Board addressed these situations only and created a new category that includes lots between 3/4 of an acre and 1 1/4 acres. They also recommended increasing the building sizes from 880 square feet to 960 square feet. Council Member Reinert asked if the proposed amendment would create any additional non - conforming uses. Mr. Miller said no, every building that is now erected is conforming or will conforming if this amendment is adopted. Council Member Reinert noted that someone with just under 3 /4ths of an acre will feel discriminated against. Mr. Miller said this may be so but this is where the Design Review Board decided to draw the line. Council Member Bohjanen asked if there will be a possibility that someone will come in and ask for a variance? Mr. Miller said that there have been attempts in the past, however the variances have never been granted. The Design Review Board has been following state law and required the findings of six facts for either granting or denying the variance request. The burden of proving need for a variance is on the individual requesting the variance. Elwin Klimek, 1390 Karth Road presented a petition to amend Ordinance No. 14 - 84, Section 4, Paragraph 11, Section C to PAGE 2