2014.12.04 BOZA Minutes - Laserfiche WebLink

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MINUTES HUGO BOARD OF ADJUSTMENTS AND APPEALS December 4, 2014 Vice -Chair Gwynn called the meeting to order at 6:32 p.m. PRESENT: Boland, & Gwynn ABSENT: Weidt ALSO PRESENT: Connor Schaefer, Community Development Intern Rachel Juba, Planner Approval of Minutes Boland made motion, Gwynn seconded, to approve the minutes for June 26, 2014, as presented. All Ayes. Motion carried. Gilde — Variance to allow construction of a house and septic system within the required shoreland setback of Sunset Lake and a house within the required side yard setback. Planner Rachel Juba presented on three proposed variances to allow construction of a house and septic system to be located within the required shoreland setback of Sunset Lake and a house within the required side yard setback to the Board of Zoning. The site is located on the southern portion of Sunset Lake and is vacant. The property is zoned Rural Residential (RR) and guided Large Lot Residential (LL). The neighboring properties are a combination of large and small parcels around Sunset Lake. There are no wetlands on this property. The applicant is requesting the following three variances. A building setback to be 57 feet from the Ordinary High Water (OHW) mark of Sunset Lake, where 100 feet is required by ordinance. A septic system setback to be 50 feet from the Ordinary High Water (OHW) mark of Sunset Lake, where 75 feet is required by ordinance. A building side yard setback to be 10 feet from the east side property line, where 20 feet is required by ordinance. Washington County has reviewed a survey of the applicant's property, and are comfortable with the planned location of the driveway and planned septic system. Planner Juba presented on the criteria staff uses to evaluate variances, most notably: reasonable use, unique circumstances, character of neighborhood, and spirit and intent. It's in staff opinion that there are practical difficulties in meeting the shoreland setback requirements. If the applicant were to meet the shoreland setbacks, there would be a very small building area and likely other variances needed to construct a building and septic system. The proposed building area and septic system location, related to the shoreland setback, will fit in with the other homes in the neighborhood. It is in staff's opinion that the applicant meets all requirements necessary to approve the shoreland setback variance requests. Staff understands the applicant's desire to construct a house closer to the side property line, but questions whether all of the criteria have been met to establish a practical difficulty. In addition, it would appear that a house could easily be constructed in compliance with the zoning regulations by either moving the building area away from the property line, or by reducing the size of the building area. It is in staff's opinion that the applicant does not meet the requirements necessary to approve the side yard setback variance request. Board Member Gwynn stated he visited the property and saw the proposed locations of the