HomeMy WebLinkAbout1976-10-27 PC MinutesMINUTES OF THE MOUNDS VIEW
p"y PLANNINa COMMI53ION
~ i ootoher 2'/, 1976
The Mounde View Planning Co!nmiasion wes aalied to order st the C1ty Nall
by ite viae-ahairman, Don ~iaokeben, at 7:30 pm on Wednesday, Ootober 27,
19'i6. The following membere were present: Nenoy PurmelaEer, P8u1 Fedor,
Ph~~llia Hlanohard, Allan Zepper, Robert ~lazer and Don Maoketen. ;ibsent
were; tJerald Fose nnd Aarbara Haake, Satter b~i»g oxousod.
The minutea f~r the Ootober 13, 1976, meeting were corrected to atate
that Allan Zepper~s abaance wae tslso excused.
MSP to approve the minutes of OctoUer 13, 1976, as corrected, 6 ayea
ITEMS FOR CONSIDEHATION
H~h A. Dicken~on
I'roperty involve~i - 8058 East+roofl
Code InCerpretation Appdal iM.V.C.C,~10.03 (5?
Tabled fram 10-13-76 mQeti,ng.
Mr. Dic~Cenaon atated Chat Sussel cama to th~ c].ty ha11 and was refused
the permit to build a garage on tne undeveloped 1/2 af hie lot. He
ateted that he had ~xplained the circumstanaea to Wttlly 8kiba who '
tnla him to go ahead. Since~theYf~M'i5e5ki5a's mind wat~ ehanged and now he
,...~ cannot build.
~~Mr. Maakebea aCRted that the rational is that tho gentleman has two 7ots,
eide by eide. Mr. Dickenson replied that 1f he ie forced ta cloee the
garage or tasr it down that deprecistas tho value of hts propert.y. I
oannot build onto the garago I have becauae it is on the lot line now.
Ms. Burmeister said that if he hae a large enough lot, why can~t he tear
down tha garaga he has7 He appnrenbly has other 5lternativea. Mr.
Mmekeben stated that he could do that; he has many alternativee. The real
point is that he has this lot he wanto to put a garage on--he is reelly
test:ng our interpretat~on aC the code.
Ma. Hlnnchard ebated Chat she felt. the Planning Commiseion was getting too
seetrictive. She cannot aee where it ia qoing to harm the City. 31nae
we do not have a definite interpi~etation saying that he ca~snot do 3t, ehe
feele he ought to be abls Co.
Mr. M3ckeben reiterated that what we are being asked to do is to review the
eurrenL• interPretation of the exSsting lawA. Tf we want to change thab law
that is another story.
Mr. Fedor statad that thab is the direction we ~hould go in the future
eama tim3. For tha prreent, he cen eee no other way bhan the ipterpretation
oS Atborney tdeyera.
_2..
bir. alazer eaid that thie ie almoet a tesC aaee and ie st the eufferanee
/''~ of Mr. Aiokenson--he doen n-~- feel that we sl~ou2d be purtinq our reaidente
~ ithrough tflis haesle; t~e aan ~ee no danger o£ aetting a preceflent.
Mr. Dtckaneon etnted that this meeting tonighi: waa eupposed to hati~e a letter
from Atty Meyers. Mr. Maokeben etated bhat they have the verbal oomment ~
fs~cm him. ,
Mr. Zepper moved that interpretatlon of Chp. 40.03(5) doeo not a11ow an
acooseory building before the prlnaipal atructure, therQfore we shauld
deny Mr. Dioken~on~s request for a gsrege on the aouth haif of Lot 66, ,
Spring Lake Park H111view Additiott. Thie motion died for 1r~cN of a eecond. 1
:
MS(Blanchard-tllazer) that, tacaus~ we do not hava a definite intcrPretstion
of this ordinenae, we ask the Council to approve the permit for a Barage
on the above mentioned Sot at 8068 Caet7ood. St would not be detrimental
to the City bo ellota M+~. ~ickensan have h1s ancesaory building. ;
Mr. Rose stated that if a written atatement from Atty Meyers would mske ~ ;
Qi^ference in the deciel.on, he would auggeet that it be tabled Na you may ~
be netting a preoedent. s
A vote was eslled for, ad f~llowa: 2 ayes
3 nays
1 a6atsin (Fedor) Motion Pailed
Mr. Mackeben explained to Mr. Dir,ker.~on that the lnterpretation of the appeal
;;~ ia ~hat it reade oorrectly as stated and his prerogative ie to go to the
V Council to diacuas tha decielon made here thie evening. He read to Mr.
Aickenaon hSs righbs to appeal.
After discuseion, Ms. Burmeieter sbated bhat 7.f Mr. llickenson does decide
tn go to the Counoil Atbornay Mayera will have to have a wriCten
interpretation and the PZanning Commiaeion would like a oopy of it, too,
so that they have it in their files.
Mr. Msekeben eaid that an in~11v1dual who owne two lots side by eide cannot,
unden any ciraumstancea, build a abructure on one of those lcte nithout a
principal dwelling on it. Mr. Glazer stated that e legal opinion on this
is definitely needed.
Kunneth A~ Bont.n
~ropor y nvolv`ed - 838~ Pleaeant Vlerr Dr
Variance - oversiaed garage.
Applicant has requested permisainri to keep an dddition to hie gsr~ge which
was construabe8 without a permit. The total sq footsge oi Che garage area
ie 1,13k' and ataff has .red t•agged the additiqn which is noted on the
drswing in the file as B with the removal ~o be before Decembe'r 2Q, 1976.
Ms. Burmeiatar stated that it should be noted that iC was gppraved :or 26 x~•.
26 snd they built it 28 x 26. Ms. Bonin stated that they were never aware
"' af that,
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Ms. Burmeieter aontinued: even at that time St exoeeded our oode Uy 270 feet.
~ Ma.~6onin e9ated that ib ia etill overeize aomewhat, she doea not think
~it makes uny difference what the oode wae nC bhat timo. 3he eaid that thRy
are not aaking £or Juat a permib, they are asking for a varianoo to keep
Che 1,13~ e9 ft gerage, and by piitting up thie building they wiS1 helA
to alleviate aome of the olutter. 9he showed ~ drawin~ of whab they are
planning Co do.
Ma. 8urmeiater etsted that due Co the faot Chat they d1d not apply for a
variance or 8 permit, t,he iaw hae been broken. They cannoC aocapt tha plea
of not being knowladgeable. If thie is approveA the red tag ie nu11 and
void.
Mr. Fedor inquired as to the aonstruation of tha building and ataff repliod
; Chat it le plaoed on wood pxlings with a ciirt TSoor. It is a metal
sborage shed.
MSP (3usmeister-Zapper) to deny the request of Kenneth A. Bonin, 8380 Yloasant
V1Ak Drive, beoause 1t ia in violation of the uode whioh is 864 eq foet.
The requesL is 270 eq feet ovar code requirement. 6 ayes
Mr, 6lazer etated that he went along witt~ the motion to deny but he doee
feel thst the Commiaeion hae boxed itself in. Thay probably ehould have
come under a apocial uae permlt ss there are individuei hardshipe invalved
here.
Mr. Mackeben stated that the Planning Com;riesion ie in the prooeae of
^ beginning to review and analyze ~he garage and acaeesory bu3lding problem
' lbhat the City ~~ currantly experiencing.
~...i'
John Mo a EabaCe
roper ~y nvo ved -5013 Higitiway 8
Temporary Speaial Permit (Mobile Nome outeide of
Mobile Home Park)
No one appeared for the Eetate.
N1SP (alQZer-Zepper) to oable the sbove item untll the next meetittg. 6 ayes
Ms. Burmeister etated that 1T he doea not show up at the next mee*1ng it
will be bakeu from the a~enda. Mr.,Rose stated Chat he viouid eend ouC s
l~btez• to that eTfeet.
MSP to ad~ourn at 8:41~t pm.
ReapecL•fully aubmStted,
y w .i o m ~`~`-
ordirig 8earetary
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