05/08/2000 Council Minutes - Laserfiche WebLink

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• COUNCIL MINUTES MAY 8, 2000 wall height of 42" with a 3' landing on tiered designs. The applicant does have 10' in which to construct this wall, however, the City would need additional detail to insure no work occurs in the wetland. Alteration or work within the wetland would require permitting from the Rice Creek Watershed District. This particular lot is the only vacant lot in the Pine Ridge 3rd Addition. The parcel contains a large wetland/drainage easement constricting the buildability of the lot and constituting a hardship to the land. For Council information, the Pine Ridge Additions contain restrictive covenants that require all homes to be within a specified value range. According to the builder/owner, this home, at this size, falls within the value range required, a smaller dwelling would not meet that requirement. City Ordinance does not provide enforcement of this private covenant. In considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: 1. That the property in question cannot be put e use if used under conditions allowed by the official controls. 2. That the plight of the landowners this property not created by the lan 3. That the hardship i al circumstances unique to mic considerations alone and when a reasonable use for the under the terms of the ordinance. 4. That gr e requested will not confer on the applicant any special privi d be denied by this ordinance to other lands, structures, or buildin th e district. 5. t proposed actions will be in keeping with the spirit and intent of the ordinanc The Planning and Zoning Board reviewed this item at their April 14, 2000, meeting and recommended approval with the conditions that an elevation survey be provided prior to Council action. This survey has been provided, however, additional detail indicating that the proposed retaining wall meets with City specifications will be required prior to issuance of any building permits. Staff recommended approval of the variance to allow a dwelling to be constructed with a setback of 28.99' to 36.39' from Ware Road based on conditions. Mayor Bergeson noted the recommendation relating to a retaining wall did not come from the Planning and Zoning Board. He asked if the applicant is aware of the details on the retaining wall.