2001.04.25 BOZA Minutes - Laserfiche WebLink

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Board of Appeals and Adjustments Meeting April 25,2001 -Page 2 concrete encasing the line under the drive to allow the traffic over it. Udstuen stated he has never experienced any problems with his septic system. The Board stated they did not want to be held responsible for future problems with the septic system should they allow construction of a building that required driving over the system to access the building. Staff found it met all standards necessary for the approval of a variance. Schumann made motion, Puleo seconded, to recommend approval the variance request for a ten- foot setback to construct a pole building, with the condition that City staff consult the City Attorney about whether a hold harmless agreement would be necessary to protect the City from future potential problems with the septic system. All Ayes. Motion carried. Variance (Klebe) The Board considered the request of Brian and Mary Klebe, 6080 138th Street North, for approval of a 28-foot front yard setback where 30 feet is required by ordinance. The Klebes wish to construct a 12-foot x 28-foot addition to their garage. The proposed addition would increase the size of the garage from a two-car garage to a three-car garage. In the applicant's attempt to keep the proposed garage addition as far from the east property line (Geneva Avenue) as possible and to comply with the spirit and intent of the ordinance, they had reduced the size of the proposed garage from 15 feet in width to 12 feet. Staff found it met all standards necessary for the approval of a variance. Puleo made motion, Schumann seconded, to recommend approval of a two foot variance with a recommendation it be changed to five feet,which would allow a 15-foot garage to be constructed 25 feet from the property line as initially requested by applicant. All Ayes. Motion carried. Variance (Wilson) The Board considered the application of Max Wilson, 14880 Homestead Avenue North, for a variance to allow a 25-foot setback from the side lot line where 40 feet is required by ordinance. Wilson wishes to construct a 3,600 square foot agricultural building on his property, which is zoned Agricultural, for horse stalls and the storage of hay and personal belongings The applicant had constructed an existing storage building at 95 feet from the property line with plans to construct a larger agricultural building between the storage building and the north property line. At the time the applicant constructed the existing storage building and designed the site plan, the side yard setback was 20 feet. In July of 1999,the City increased the side yard setback from 20 feet to 40 feet. Staff found the hardship was not caused by the landowner,but rather a change in the setback requirement.