2002.10.24 PC Minutes - Laserfiche WebLink

Home

Planning Commission Meeting October 24, 2002- page 2 Schumann opened the public hearing. Len Kijenski, 14244 Hyde Ave. N., was one of the property owners who did not receive notice of LeMoine's request and said he did not have adequate time to consider it but felt the lot was unbuildable. Charles Schwaab, 14278 Hyde Ave. N., said he felt there was not enough information to justify approving it as a buildable lot. Don Waller, son of Margaret Waller, 14310 Homestead Ave. N., had concerns regarding the culvert, forested areas, water runoff, and assessments that were not paid at the time the improvements were constructed. Waller questioned what the hardship was to justify the granting of a variance. John Waller, 14010 Homestead Ave. N., recalled an agreement that was made declaring Outlot A as a scenic overlook and since the park fee was never paid; the agreement should still be in effect. Waller was concerned about the increased impervious surface and that LeMoine should not benefit from the ditch since he had not paid for improvements. Kleissler asked what the City Attorney's opinion was and the Community Development Director replied that the Commission should consider what the original of intent of Outlot A was. Peltier, who was on the Commission at the time of the original plat, said she didn't remember the circumstances. Bailly said she was against it because it was granted as a scenic easement and there was a non - development agreement made. Kleissler said it was unfortunate the easement was never recorded but felt there was enough evidence to deem it a scenic site. She also said there was no evidence of a hardship. Malaski said she believed it was the Council's intent at the time to leave the Outlot as open space and it was consistent with keeping the rural atmosphere in Hugo. She also said there was no hardship to justify granting the variance and a home on the property would block the view of the lake and possibly create water problems on neighboring properties. Rosenquist said he couldn't see the hardship and found nothing that showed the lot as being buildable. There were no other comments and Schumann closed the public hearing. Malaski made motion, Rosenquist seconded, to recommend denial of the variance and final plat of Outlot A because it was the City's intent at the time the property was platted for Outlot A remain as open space, and a variance from 10 acre minimum to 4 acres was too great. All Ayes. Motion carried.