1989.10.25 PC Minutes - Laserfiche WebLink

Home

5. Use of the building be limited to residential or agricultural related activities. 6. Failure to comply with the special conditions noted herein shall be grounds for permit revocation and removal of the building. All aye, motion passed. Special Use Permit (Bob Hampel) At the request of Chairman Senkler, Administrative Intern Schmeling reviewed the application with the planning commission. He stated that Mr. Bob Hampel has applied to the City of Hugo for a temporary storage structure on the property at 5075 124th St. (Lot 23, Block 1, Lake Air Estates). The storage structure was constructed of wood and plastic without the proper permits being issued by the City. The property in question is owned by Steven and Cynthia Hartmann. The property is zoned SFE. Accessory storage up to 640 sq. ft. must be constructed of similar materials to the residence. The restrictive covenants for Lake Air Estates prohibit any used building from being moved onto the premises. It also specifies that all garages or accessory buildings must be similar in design and construction and covered with the same exterior materials as the main dwelling. There is currently a 16' X 20' accessory building on the property in question with similar exterior materials to the residence. During a conversation with city staff, Mr. Hampel informed the commission that his collection of Bonsai trees is one of the largest in the midwest and busloads of people come all year round to see the collection. City staff feels that Lake Air Estates is not an acceptable location for busloads of people to view bonsai plants. Chairman Senkler opened the public hearing for comments. Michelle Scharenbroich, 5027 124th St., Lori Plain, 5063 124th 8t., and Suzanne Carey, 5021 125th St. supported the construction of the structure and felt that residents should be able to do what they want on their own property. Mr. Dan DeYoung did not object to the storage structure but was concerned that it may be lighted at night. Mr. Hampel informed the audience that lighting is not required for the storage of the Bonsai trees during the winter and would not have the structure lighted unless they were actually in the building. He stated that the existing poly structure is definitely temporary and would be removed in the spring when they expand the existing storage building. Mr. Hampel informed the commission that the busloads of people who viewed the trees were members of the Bonsai Association and that it was a once in a lifetime opportunity to display his collection. He stated that they try to maintain a low profile because of the value of the Bonsai trees and the containers many are planted in. Commissioner Mezzano stated that the restrictive covenants state that no used structure be used and very often making exceptions for one person turns into a nightmare when others ask for the same exception. Administrator Huber informed the commission that the city has no obligation to enforce restrictive covenants and the City can only act on complaints when they would affect the health and safety of the public, and the city can have difficulty in regulating the appearance of a building. Mr. Hampel stated that the temporary structure is strictly a stop gap measure for the winter to store his Bonsai collection. The Hampel's are not residing in the home at 5075 124th St. and the storage structure was P.C. Minutes 10-25-89 3