HomeMy WebLinkAbout2006.12.14 BOZA MinutesMINUTES
HUGO BOARD OF ADJUSTMENTS AND APPEALS
DECEMBER 14, 2006
Chairperson Schumann called the meeting to order at 6:30 p.m.
PRESENT: Puleo, Schumann
ABSENT: Brunotte
ALSO PRESENT: Bryan Bear, Community Development Director (CDD)
Michele Lindau, Community Development Assistant
Minutes of October 12, 2006
Puleo made motion, Schumann seconded, to recommend approval of the minutes of October 12,
2006 as submitted.
All Ayes. Motion carried.
Variance for Todd Christensen for a Driveway
The Board continued discussion on the request of Todd Christensen, 6192 147th Street North, for
a variance to locate a driveway adjacent to the property line where ordinance requires a
minimum edge clearance of five feet, and a variance for a width of 32 feet where a maximum of
24 feet is permitted by ordinance. The property is located at 6192 147th Street North and legally
described as Lot 10, Block 1, Rice Lake Meadows. The applicant had extended the driveway
between the existing garage and the east property line, and constructed a retaining wall,
approximately 18 inches high, on the property line. To permit the driveway to remain as is, the
applicant is seeking a variance from the required edge clearance and a variance from the
maximum driveway width. The applicant would also need to obtain approval from Council for
an encroachment agreement to allow the driveway to be located within the six-foot drainage and
utility easement located along the property line.
The expanded driveway was noticed by the building official while investigating a complaint
about the location of the storage shed. The shed is located to the rear of the home within the
drainage and utility easement and approximately two feet from the side property line. The
applicant has indicated he would move the shed to comply with City Code.
The Board had considered this application at their October 12, 2006 meeting and tabled it to
allow staff time to determine if there were any utilities located in that portion of the drainage and
utility easement.
Board of Zoning Adjustments Meeting December 14, 2006 - page 2
The CDD explained that the utilities were located by the Public Works Department and found to
run east and west across the front yard. No utilities run north and south along the property line;
therefore, no utilities are located within the easement along the east property line where the
driveway encroaches into the easement. The City Senior Engineering Tech determined the
driveway would not impact drainage in the area.
Puleo talked about the work that was being done on a Recreational Vehicle Ordinance and there
was no set of rules in place yet. He was concerned about requiring the applicant to remove the
driveway when a future change in the ordinances could allow it.
Schumann opened the public hearing. There was no one present to speak on the request. The
applicant was not present at the meeting. Schumann closed the public hearing.
Schumann was concerned about setting precedence and the possibility of everyone in the
subdivision requesting the same. He noted that all the work was done by the applicant without a
permit or review by the City. The Recreational Vehicle Ordinance may allow for parking on the
side of garages but would not necessarily require the storage area to be concrete.
Puleo agreed that it was not yet determined what would be permitted or required.
Puleo made motion, Schumann seconded, to recommend denial of the variances with the
condition he be given until June 1, 2007 to remove the driveway with the possibility of
readdressing the issue should there be a change in the ordinance.
All Ayes. Motion carried.
Variance for Dave Greeder for Addition to Home
The Board considered the application of Dave Greeder, 9113 122nd Street North (C.S.A.H. #7)
for approval of a variance to construct a 14 X 11 foot addition to the front of his home. This
addition would be located 19 feet from the County Road right-of-way (ROW), and would be
used as a foyer and expansion on the existing bathroom. City Code required a 40 foot front yard
setback.
The home is located on the south side of 122nd Street. The property line extends to the
centerline of the roadway and the home was built 83 feet from this property line. Front yard
setbacks are measured from the ROW. In this case, the existing home is setback 33 feet from the
ROW and approximately 59 feet from the blacktopped portion of 122nd Street.
The applicant Dave Greeder explained the front door opened directly into the living room and he
wanted to put a foyer in front of the house for a more substantial front entrance.
Schumann opened the public hearing. There were no comments and he closed the public
hearing.
Board of Zoning Adjustments Meeting December 14, 2006 - page 3
Schumann asked what the reasons for having a 40 foot setback were.
The CDD explained that in a rural area, it was typically desirable to have the buildings set back
to keep the rural character; however, it was easier to do so with large lots and this was a small
lot.
Schumann made motion, Puleo seconded, to recommend approval of the variance for 9113 122nd
Street North.
All Ayes. Motion carried.
Adjournment
Schumann made motion, Puleo seconded, to adjourn at 7:01 p.m.
All Ayes. Motion carried.
Michele Lindau, Secretary
Board of Zoning Adjustments