09/22/1997 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES SEPTEMBER 22, 1997 Ms. Wyland added that the Planning and Zoning Board reviewed this item and recommended approval at its September 10, 1997 meeting. Mr. Schumacher inquired about the condition for park dedication. Ms. Wyland explained that such dedication can only be collected after a subdivision is in existence, therefore it will not occur until there is some construction on the site. Council Member Neal moved to approve the minor subdivision, as presented. Council Member Lyden seconded the motion. Motion carried unanimously. Consideration of Variance, Tom Schmelzer, 398 Carl Street - Ms. Wyland explained that Mr. Schmelzer is requesting a variance to allow for the construction of an airplane hanger 20 feet from the property line on a corner lot at 398 Carl Street. The Zoning Ordinance requires a 40 - foot setback on collector roadways; therefore, the variance requested is also 20 feet. The average lot in the Lino Air Park is 156 feet in width. This property, however, is only 124.31 feet wide (372.42 feet deep). The Zoning Ordinance today requires a corner lot to be larger than an interior lot in order to provide for the additional street setback requirement. This apparently was not the case when this property was platted. According to Ms. Wyland, this property is zoned Rural and indicated as single-family residential on the City's Land Use Plan. Sewer and water are not available to serve this site. Hangers are a permitted use according to the covenants within this subdivision, which were approved by the City in 1977. Ms. Wyland stated that this variance is being requested for two reasons. Mr. Schmelzer is required, by the development's restrictive covenants, to share a taxi -way with his neighbor to the west. In order to provide enough maneuvering space for his airplane, he needs to set the building as close to the east side of the lot as possible. For security and aesthetic reasons, as well as maneuverability, Mr. Schmelzer would like the hanger doors to face west. A south -facing entry would be less appealing from 4th Avenue and would also compromise security. According to Ms. Wyland, the adjoining property owner and the Air Park Association have letters in support of this request, as has the property owner to the south at 399 Thomas Avenue. This property owner received a similar variance in 1986 to allow for the construction of a hanger approximately the same distance from 4th Avenue. In 1986, 4th Avenue was upgraded and a new roadway constructed. At that time, a 17 -foot easement for street and utility purposes was taken along the east line of the air Park property. This easement will be approximately 3 feet from the proposed new hanger. The setback question, however, is not one of distance from the easement, but from the property line which will be 20 feet from the hanger. Findings of Fact A. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. It would be difficult to construct a hanger and access the joint taxi -way while maintaining a 40 foot setback B. That the plight of the landowner is due to circumstances unique to his property not created by the land owner. This subdivision was developed at a time when the City apparently did not require larger corner lots. This situation has proven difficult for this property owner and the property to the south which received a similar variance in 1986. The plight, therefore, was not created by the land owner. 10