2010.05.17 CC Minutes - Laserfiche WebLink

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City Council Meeting Minutes for May 17, 2010 Page 4 of 9 Approve Variance for Side Yard Setback for the Marston Family at 8895 126th St. N. At its April 22, 2010 meeting the Board considered the variance request and held a public hearing on the application. Staff presented the request and recommended denial of the side yard setback variance and approval of the shoreland setback variance for additions to the house. There were two people that spoke on the request at the public hearing, the property owner to the north and her son. They were against the variance for the side yard setback because the additions to be constructed close to the north property line would reduce the value of their property. The Board discussed the request and recommended approval of both variances from the side yard setback and shoreland setback requirements to the City Council. At its May 3, 2010 meeting, Council approved the shoreland setback variance and tabled the variance request on the side yard setback. City Planner Rachel Simone explained staff worked with the applicant and the neighbor to address the conditions for the side yard setback variance. Builder John Murphy explained he revised the plan to show the recreation room at the required 20 foot side yard setback and garage ten feet from the side property line, where 20 feet is required by ordinance as well as reducing the width of the garage to 19 feet. The Council explained the rational for approving the variance: applicant minimized the variance for the garage, the rest of the building met the required setback, the variance does not change the characteristics of the area, the applicant is unable to locate another garage on the property without requesting a variance, no other homes are built as close to the lot line as to require a variance, the adjoining property is at a higher elevation, and the building would be screened by trees along the property line. Miron made motion, Klein seconded, to approve RESOLUTION 2010-18 APPROVING A VARIANCE FOR SCOTT AND MELISSA MARSTON IN THE RURAL RESIDENTIAL ZONING DISTRICT ON PROPERTY LOCATED AT 8895 126TH STREET NORTH. Ayes: Petryk, Weidt, Haas, Klein, Miron Nays: None Motion carried. Approve Revisions to the City's Shooting Ordinance At it's May 3, 2010 meeting, City Council held a public hearing on the revisions to the City's Shooting Ordinance. Council tabled this item before any discussion due to the lack of time remaining for the meeting. Community Development Assistant Dennis Fields provided a presentation containing background and an overview of the relevant issues to the Council. Council talked about the controlled shooting area and a proposed change in the northwest corner of Egg Lake due to comments from residents at the public hearing. Council also discussed options for the 500 foot rule. Haas made motion, Klein seconded, to adopt the controlled shooting area map with the exclusion of the area around the north end of Egg Lake, and language that the rural area be governed by DNR regulations in regard to the 500' rule. Ayes: Haas, Klein Nays: Weidt, Petryk, Miron Motion failed.