2001.10.24 BOZA Minutes - Laserfiche WebLink

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Board of Zoning Adjustments Meeting October 24,2000-page 2 Brunotte made motion,Schumann seconded,to approve the variance to construct a 5,000 square foot pole barn on property located at 15190 Elmcrest Avenue with the condition that landscaping be done along the property line. Gruber Variance The Hugo Board of Appeals and Adjustments considered the request of David Gruber,8045 140th Street North,for variances to construct a pole building on his 5-acre parcel,which is located in the rural residential zoning district at the address above. Specifically requested was a variance of 900 square feet to allow a 3,200 square foot pole building where a maximum of 2,300 square feet is allowed in the rural residential zoning district by ordinance. Also requested is a setback variance to locate the building closer to 140th Street than the home. The Community Development Director reviewed his staff report with the Board. Staff had found that the hardship was unique to the property because the setback of the home far exceeds the 40-foot minimum front yard setback of the ordinance. The home is setback approximately 350 feet from the road and Gruber could not move the pole building farther from the road because of the location of the existing home, well, and septic system area. Staff recommended approval of the setback variance but not the variance to exceed the maximum allowed square footage of the pole building. Because the property could be put in reasonable use without the size variance, staff found the request did not meet the standards necessary to approve a variance. Gruber stated that the he was unable to fit all his equipment into a smaller building. The building would match the home and be screened by the heavy woods. Gruber said that many of his neighbors have larger pole buildings that had been grandfathered in. The members of the Board felt the size requirements in the ordinance should be reviewed. Puleo made motion,Brunotte seconded,to approve the variance request of David Gruber,8045 140th Street North, for a 3,200 square foot pole building and a setback variance to locate the building closer to 140th Street than the home. All Ayes. Motion carried. Capaul Variance Hugo Board of Appeals and Adjustments considered the application of Roger B. Capaul, 12173 Janero Ave.N., for a variance to construct a 30' X 60' pole building on approximately 6.9 acres located in the rural residential zoning district at the address above. Specifically requested was a variance of 12.5 feet to allow the building to be located 27.5 feet from the side property line where a 40-foot setback is required by ordinance. The proposed building would replace a similar building that was recently destroyed in a fire. When the original building was constructed, the side yard setback was 20 feet. The Community Development Director reviewed the staff report with the Board, recommending approval of the variance because prior to 1999, the setback had been 20 feet, and there are numerous locations where accessory buildings are located closer than 40 feet from a side lot line. Craig Greeder, 9225 122nd Street North, is the adjoining property owner to the east. Greeder disputed the location of the property line, saying the previous building was approximately 4 feet from the property line.