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HomeMy WebLinkAbout1987.09.27 BOZA Minutes ^ - � MINUTES OF THE BOARD OF ZONING ADJUSTMENTS September 27, 1987 - City of Hugo The Board of Zoning Adjustments was called to order by Chairman Potts at 5:45PM. Present: Potts, Sonnenfeld , Olson , Carole LaBelle Mr. Troy Sonnenfeld was appointed by the City Council as the newest member of the Zoning Board to replace Chuck Henry. Mr. William Sherman and Mr. Arnold Palme have made application to the City of Hugo for a variance to allow the construction of a garage between the home and the roadway at 9130 125th St. North. Mr. Sherman proceeded with the construction of this garage without a building permit. Since being notified of the need for a variance and building permit the applicant has continued construction of the garage without the appropriate permits. Enclosed is a letter from Mr. Wm. Sherman and Susan Cran regarding their justification for this variance request. Municipal code prohibits the construction of a garage or other accessory building between the house and the public roadway serving said principal dwelling . Mr. Crever indicated that the garage in question was approximately 25% complete at the time the violation was made known to the City. The original site plan did not include the garage because Mr. Sherman did not intend to construct the garage at this point. Mr. Crever visited the site and spoke to the contractor informing him that construction should be stopped until a permit was issued , Mr. Sherman was not present at this time. Mr. Sherman indicated that this was the best place on the property for the building and he does not operate a business so the building would be used solely for personal storage. Mr. Potts was concerned that the building is in use because of the blinds on the windows, Mr. Sherman states it is not. All board members felt that there was not a harship to the land and that Mr . Sherman could have located the building on either side of his home. Motion made by Potts, seconded bv Olson to recommend approval of the Variance for William Sherman to construct 24' X 40' garage to within 220' of the road at 9130 125th St. No. with the following conditions; A. Bui1ding permit fee shall be doubled . 2. the applicant shall pay all administrative and staff costs related to this matter. 3. Failure to comply with the conditions shall be grounds for revocation . 4. No less than four pine trees 6' in height shall be planted on the street side of the garage, in a staggered pattern . 5. No less than seven pine trees 6' in height shall be planted on the easterly side of the garage opposite the garage doors, in a staggered pattern . 6. A letter of credit in the amount of $2,000.00 shall be provided to the City of Hugo, to insure that the trees are planted , maintained and continue to grow for a period of three years, and to cover replacement cost of the trees should this be necessary. � ^ � 7. The garage be used for personal storage, and residential vehicles only. All aye, motion passed . Ma Matt and Lauri Pilla have made application to the City of Hugo for a variance to allow the construction of a 24' X 36' garage between the house and the roadway at 10257 152nd St. Mr. Pilla had initially been given a verbal O.K. by the building inspector to proceed with the construction of this garage and was later told that the building location did not comply with city zoning regulations. Mr. Pilla had already poured the concrete slab for the construction of his building on the O.K. from the building inspector. He is requesting a variance to allow him to proceed with the construction of the garage noting topography, location of sewer, drainfield , and water problems as the reasons for building the garage at the proposed location . Mr. Pilla has stated that the proposed building is to be used for residential vehicle storage only. The Pilla' s had tried vigorously to appear at a zoning board meeting prior to the Planning Commission meeting of Aug . 26, 1987. They were unsuccessful in trying to have a special meeting called , which forced them to wait until September 23. Mr. Pilla proceeded with the construction of the garage without proper authorization . Zoning board members felt that the garage could have been located somewhere else on site with the same amount of excavating for the building that was done for the home. There was concern that because of the curve in the road the illusion of the garage being in the middle of the road would cause a problem at night. Mr. Potts felt that since Mr. Pilla had been ' the o. k . to proceed I n witconstruction ad the sbe lab had ben poured outhe City would take responsibility for that portion , but construction continued after being told to stop work on the building and the City should not be held responsible for that if the building were to be removed . Mr. Potts observed during his visits to the site that the septic is on the west side of the home, the well is on the east and the building could have been located east of the well . Motion made by Olson , seconded by Sonnenfeld to recommend approval of the variance request of Matt Pilla to construct a 24' X 36' garage at 10257 152nd St. to within 70' of the road subject to the following conditions; 1 . Mr. Pilla plant six pine trees on the west side of the garage at the north end in a staggered pattern . 2. Trees to be 6' tall and at Mr. Pilla' s expense. 3. Garage to be used for personal storage only, commercial use is strictly prohibited . 4. Failure to comply with these conditions would be grounds for revocation . All aye, motion passed . har1.c:-s WE..,bc.?r t I....ot ��s.i:-e) ............................................................................................................................................... Mr. irharles Weber and Sicot 'Schroopfer have made application to the Ci.t.v of Ht_tgo fr a -.q.ar:' an(.-:e to a1. 1ot-i the constrt..tt:_ti.on of a si.ng1.e f a m i I y elIi.r'irl c)n a r-t .8 a€":r e t r•".•a€:::t:. o'f' .I.a ri d i i'"t an a C:}r i c t_t 1 t.'.t~t r a 1. :'_one identified as the, 0Uth (..1L.B of the �southieast 1.r�'`1• of thie norti'iviest i.r�=l a e c 't:.i.o na _I...";.1.!,t i=�,:;:':t.jai g l i a cs h i n g t c::,n G o t_t i'i t,p,q Minne s o t.�:a. T h c a tract of land i n gt_test7.(::)n was or ig:i.na1 1.yy 1.€J acre. in si:_e, however q thE:--, W("�ber` s deE:�ded a i. ..:? <=c:-re tr-ac::t of l ar'id t.o fi1r. D a b e in :1 9:7Ei in an effort to provide road leo two houses I- t..ti.1.t east of the site in question . Heber ` s -stated that the cor•iveyar c::e of the property for the private road was an attempt to he1.I.) Mr. Uabe and to resolve a problem, for the (::;:i.ty of h-it..tq€3. The-yr incii.c:: 't:.ec:J 't-hat had they F::nonan thiat conveyance of the private road woit1.d 1iave tit{tde t.heir 1.ot. t..tr'tbt..ti.1.da131e said tr,:anzsaction cot_tid l--ia v e beer•t t-1€)ne L)v easemer•i rathier than deeding the property to the berief':i.tinci :i.nd:i.ViC-IUc-IIS " hie a['tplicants:s i.r'id:i.c::at:.e t:.l•-tat they can meet all. other woi-sing rerl?ti.rements for the constrt.ac-t:.:i.or'i Of t:.hi.s si.r'ic.:i1e farti.ly dGayelli.nti and accessory bu:i. :i.cl:i.nr ia:i.i 1-: the e:„cept:ior'i of the lot size requirement. Mr . P€-)t.-t-. clt..totews t::I"iaI-?ter- _2;"?-5 St..tb. C, #1 of the z oi'i ii'i€::i o r d i.nar'i(---e r e g,:a r•'€:J:i.n c:} ,f::a r d a n€:1 c. .)e i-i s p a c:c and that nei. t~her shall be r e d u c e cl in 't It w-as, rioted that the city attorney has advised the city that variances--i -Lo {: i. (:� are i-io't:. a1. 1c ja[)1e. Mr . Potts advised the applicants that t:hic„,” c-:c.-t..t:!.d api:i1.y -f(::)r- r-e-.oni.np , however, this viot_t1d be considered a spot. zzor'iir'ig ,:arid w(-)t..t1.d most:. 1.i1•::e1..„ be denied on the c1rot_tnds- that i.t wot..tld be precedent sett:.i.r'ic.1 for-- t:.[iF? St..tr r-O+.tndin€l area to be rez-cwtned . .1..he applicants have apr:xr'c:) c-:hied the owi-ier of the 1 .2 acre piece of land cc.-mcsidered the roadwa%.,4 b t_t't:. t:'.h e owner- declined t o sell. a r i y/ p c::t r-'t:.:i.o n of i't;. fi1ot:ic:{r'i made by Potts, sec::(-)nded by Olson to rec:ommenc:1 denial. of the var:i.arice reclt..te s (:if C'.*har l ens Weber and Sc::ot Sc hr'oepfer to at l l c::3w a homes i.•t:.e €:3n 8.8 acres, -Zone' agr-ici..t. :.t..tre -for the following reasons; '. 'Tc) change z onin€:l to imp`:;' wot_tl.d be cc)nsi.dered spot. 'z o n i n q thepc: 't. -oning riF-mt' i.oned abc:,ve viot..tId be later r'efc:ar'r-ed to b%l ottier��s as ;:a r'€cr;Ason for appr•'o-_.:i.r•i€;l their rezoning . T'F",e t_tr'ider-1.,Yinq reason for' stayii-iq away from tk,t:;`:' in thiss partir.-t..t. ;7't.r- area is; the general hiu!-'i t:,jater le c�1. c:aused ii-i part:. by Horseshoe I.._at::e. Aii RR2 zoni.n{:a in tis area Wot..tld do!t1r,lc::? ther'1t.t.!Tiber of septi(---,. systems in ;� 1.€`a hh water' area. A l 1 aye, mc.-itiori passed . c:, P a r i•::e r t c i e t..b a c..l•:. r e c.�t_t e :t j Mr-. Jcarome Parker fiats made app 1.i.cation to the L:.:i.ty of I-•ii..tgo to a1. 1.ow 'for-- thie cons trt.t€_.t:i.ori of an acid ition to his I"'tc::ime w:i.thin '38' of the shore ine c-)f jui'iset. I....a!•::(:? or-i 1....c:7t. .1*.`q Bloc:-J:: 2, Sunset Park Addition (,r-t1-::a 1.2866 Inc.ler-Gsol1 rive. h.i c:,. } . M r-. Fl<a r t::e r•• would like t o add a 1'.2” X a d d i t i o i i t o h i.s €:J t,<s e 1. .l.:1 n C j :i.n c r e a s i n Cl t 1"i e rs i e of t F-E e e:;x.t:::'i-'.i n q bedrooms. I l"'i e <s 1"i c:)r e I a ri _ r'(�€"�t..t 1.<:a't:'..1.0?rt C:3 f' ti..h1 4.,:t ty' rct€:�l_t r'€? ;t 1.€_�(_!` �C}t i3 lc I:: r€:}fTt I'�€:? iore 1 i n e. "ie c::t..tr•r(:?r;-L dc-'Jelling is located 5C)' frori ti-ie shoreline ::as it was constr-ucted prix.-jr to adciptiori of the shoreland regulations. T•hie applicant has not:. .ir;c.:lt..tded :any e,cplar'it:at.ion 'for his r••ept..tesSt and hardship Justification w:ir.'t:.h this ::a r..-)pI ic::ati.on . ^ ° . Mr. Potts pointed out that there have been several variances granted in this area for home additions. To add to the existing bedrooms the only alternative is to go toward the lake. All members concurred this was a reasonable variance request. Motion made by Potts to recommend approval of the variance for Jerome Parker, 12866 Ingersoll Ave. No. , for a 12' X 23' addition to their home to be constructed no closer than 38' to the Sunset Lake. Motion made by Olson , seconded by Sonnenfeld to adjourn at 6:45PM. All aye, motion passed .