HomeMy WebLinkAbout2000.07.26 BOZA Minutes MINUTES FOR THE HUGO BOARD OF ZONING ADJUSTMENTS
MEETING OF JULY 261) 2000
Stoltzman called the meeting to order at 6:30 p.m.
PRESENT:Puleo, Stoltman
Deputy Clerk, Michele Lindau
Community Development Director, John Rask
Dan Cornejo, City Planner
John Benson, Building Official
ABSENT: Brunotte
Minutes of June 28,2000
Stoltzman made motion, Puleo seconded, to approve the Board of Zoning Adjustment minutes
for June 28, 2000.
Aye: Stoltzman
Abstain: Puleo
Motion failed.
Approval of the minutes will be put on the August agenda.
Variance (Robinette)
The Planning Commission held a public hearing to consider the request of Thomas John
Robinette, 6178 Oneka Lake Blvd., for a rear yard, side yard, and front yard variance. The home
is currently non-conforming because it is set back 16.5'from the rear property line, where 30' is
required. Mr. Robinette wishes to construct a 10'deck,putting him 6.5' from the rear property
line. Due to the layout of the home on the property,he would also need a 6' variance from the
side yard setback requirement of 10' to construct a garage in the front yard of the dwelling.
Ordinance requires garages be located to the rear of the front wall of the principal building on the
lot. The home existed at the time Oneka Lake View was platted, and is legally described as Lot
31, Block 1, Oneka Lake View.
The property had recently been brought to the attention of City staff because Robinette had been
using the private road, and homeowners in Oneka Lake View felt he should not be using the road
since he was not a part of the association. To resolve the dispute, the Building Official, at the
direction of the previous City Administrator,had issued a driveway permit for Oneka Lake
Boulevard. Construction of that driveway had not been started as of this meeting date.
Staff requested the Robinettes provide the City a site survey prepared by a registered land
surveyor due to the extent and nature of the variances requested. The City Planner was not able
to provide a complete report to the Board of Zoning on this request without the survey,but he did
provided a preliminary analysis, suggesting the Board take public comment and advise the
Robinettes on how to proceed.
Tom Robinette was present with his attorney, Tom Owens, who had reviewed the subdivision
and stated he was unable to determine how the lot ended up to the degree to which it is a
substandard lot or if this lot was included in the PUD.
Hugo of Zoning Adjustments Meeting July 26, 2000—Page 2
Leroy Miller, 6129 150H St. N., felt the future neighboring homeowners would be displeased
when they moved in and found a garage constructed on the Robinettes lot.
Rob Gray, 6275 Oneka Lake Boulevard, felt the hardship was the fault of the developer and was
a result of the creation of the lot, and stated, as he recalled, the developer was required to meet all
the setbacks. He felt the development agreement was not being enforced because the property
was not yet sodded or seeded. Mr. Gray was not in favor of the driveway access onto Oneka
Lake Boulevard, feeling it would be hazardous to cross the bike path, and would like to see the
driveway come off the private street.
Diane LaRock, 6117 150th Street N., felt the realtor misled the majority of the homeowners in the
plat. She was not aware her home was on a private road, and was led to believe the Robinettes
home would be made to blend in with the townhomes.
Stoltzman felt the board needed to determine if the subdivision was in compliance with the
development agreement and if the parcel is included in the PUD. Stoltzman also noted that he
believed a 4' deck would be appropriate for the second level and that a larger deck would be
reasonable on the ground level. Lastly, stoltzman stated the garage should front on 150th St.
Puleo suggested the garage be made smaller and moved back on the lot, and was not in favor of a
two story deck or the driveway on Oneka Lake Boulevard.
Stoltzman made motion, Puleo seconded, to table the variance request until the meeting on
August 23, 2000.
All ayes. Motion carried.
Adiourn
Stoltzman made motion, Puleo seconded, to adjourn at 7:30 p.m.
All ayes. Motion carried.
Michele Lindau, Secretary
Board of Zoning Adjustments