2001.05.23 BOZA Minutes - Laserfiche WebLink

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Board of Zoning Appeals and Adjustments Meeting May 23,2001-page 2 John Waller, 14010 Homestead Avenue said he has lived in Hugo since 1956 and remembers the operation being .naintained since before then. Walter Stoltzman, 8139 157th Street N.,who was born in Hugo in 1948,said his grandfather knew Andy Goiffon's father and lived near him for several years. Stoltzman said the operation had been there since he could remember, and there has never been noise or odor from the site. When asked by the City Attorney for a more specific date as to when he recalled the operation being there,Stoltzman said it was in the early 1970's. Stoltzman also spent time as Mayor of Hugo,and said as Mayor he believed the Goiffon property was grandfathered in as a legal non-conforming use. Larry Hanson,attorney for Goiffon,said Goiffon's operation was liscensed by the state,permitted by the MN PCA, and had a feedlot permit. Hanson said Goiffon purchased the family farm in 1959, which had been in operation since 1953. Board member Schumann indicated that he has been a resident of Hugo all his life and remembers Goiffon operating since around 1953-1954. Puleo said he felt it was a legal non-conforming use because testimony showed they had been in operation since the late 1950's and that he saw no evidence showing the operation had been expanded. Brunotte said he also felt it was a legal non-conforming use. Schumann motion, Brunotte seconded, to recommend the City Council find the Goiffon operation a legal non- conforming use that has not expanded since it began operation, and to rescind the letter sent by the former City Administrator on January 11,2000,and requested staff continue to search for the ordinances that were in effect prior to 1975. All Ayes. Motion carried. Variance for Garalze Setbacks (Greeder) The Board considered the request of David Greeder, 9113 122r'd Street North, for a 15-foot side and rear yard setback for the relocation of an existing detached garage, where the zoning ordinance requires a 50-foot rear yard setback and a 40-foot side yard setback. Also requested by Greeder was a 12-foot side yard setback for the construction of an attached garage,where 40 feet is required. Greeder's property is approximately one-acre in size and zoned Rural Residential. Staff and the Board found the hardship was unique to the property because of the size of the lot and location of the existing home and septic system. The location of the home and septic system limited the area in which to relocate the existing detached garage and to add a new attached garage.Greeder stated that if he met the setback,the building would be in the middle of his back yard. - Puleo made motion, Brunotte seconded, to recommend approval of the variances for David Greeder, 9113 122°d Street North, for construction of an attached and detached garage. All Ayes. Motion carried.