HomeMy WebLinkAbout2001.04.25 BOZA Minutes MINUTES
HUGO BOARD OF APPEALS AND ADJUSTMENTS
APRIL 25, 2001
Chairperson Schumann called the meeting to order at 6:31 p.m.
PRESENT: Puleo, Schumann
ALSO PRESENT: Community Development Director, John Rask
Secretary, Michele Lindau
ABSENT: Brunotte
Minutes of March 28, 2001
Puleo made motion, Schumann seconded, to approve the minutes for the Board of Appeals &
Adjustment meeting of March 28, 2001 as submitted.
All Ayes. Motion carried.
Variance (Zerwas)
The Board of Appeals and Adjustments was to consider a request for a property line adjustment for
property located north of 1251h Street and east of Goodview Avenue. James and Mary Zerwas were
seeking to adjust the property line to acquire a 1.9-acre parcel owned by Janet Schuneman.
In a letter faxed to the City on April 24, 2001, Cynthia Piper, daughter of Janet Schuneman,
requested continuance of this request to allow her time to consult with her attorney on this matter.
Puleo made motion, Schumann seconded, to table the request for the property line adjustment
until the Board meeting of May 23, 2001.
All Ayes. Motion carried.
Variance (Udstuen)
The Board of Appeals and Adjustments considered the request of John and Robyn Udstuen,
15190 Everton Avenue North, for a variance for a 20-foot side yard setback for construction of a
1,200 square foot pole building located on their property. Their property is zoned Agricultural
and a 40 foot setback is required by ordinance.
While the current side yard setback is 40 feet,prior to 1999 the setback had been 20 feet. Staff found
there were numerous locations where buildings were located closer than 40 feet from a side lot line.
Members of the Board had concerns about the location of the septic system and the driveway
over it. Udstuen stated that when the tank was installed nine years ago, it was designed with
Board of Appeals and Adjustments Meeting April 25,2001 -Page 2
concrete encasing the line under the drive to allow the traffic over it. Udstuen stated he has never
experienced any problems with his septic system. The Board stated they did not want to be held
responsible for future problems with the septic system should they allow construction of a
building that required driving over the system to access the building.
Staff found it met all standards necessary for the approval of a variance.
Schumann made motion, Puleo seconded, to recommend approval the variance request for a ten-
foot setback to construct a pole building, with the condition that City staff consult the City
Attorney about whether a hold harmless agreement would be necessary to protect the City from
future potential problems with the septic system.
All Ayes. Motion carried.
Variance (Klebe)
The Board considered the request of Brian and Mary Klebe, 6080 138th Street North, for approval
of a 28-foot front yard setback where 30 feet is required by ordinance. The Klebes wish to
construct a 12-foot x 28-foot addition to their garage. The proposed addition would increase the
size of the garage from a two-car garage to a three-car garage.
In the applicant's attempt to keep the proposed garage addition as far from the east property line
(Geneva Avenue) as possible and to comply with the spirit and intent of the ordinance, they had
reduced the size of the proposed garage from 15 feet in width to 12 feet.
Staff found it met all standards necessary for the approval of a variance.
Puleo made motion, Schumann seconded, to recommend approval of a two foot variance with a
recommendation it be changed to five feet,which would allow a 15-foot garage to be constructed 25
feet from the property line as initially requested by applicant.
All Ayes. Motion carried.
Variance (Wilson)
The Board considered the application of Max Wilson, 14880 Homestead Avenue North, for a
variance to allow a 25-foot setback from the side lot line where 40 feet is required by ordinance.
Wilson wishes to construct a 3,600 square foot agricultural building on his property, which is
zoned Agricultural, for horse stalls and the storage of hay and personal belongings
The applicant had constructed an existing storage building at 95 feet from the property line with
plans to construct a larger agricultural building between the storage building and the north property
line. At the time the applicant constructed the existing storage building and designed the site plan,
the side yard setback was 20 feet. In July of 1999,the City increased the side yard setback from 20
feet to 40 feet. Staff found the hardship was not caused by the landowner,but rather a change in the
setback requirement.
Board of Appeals and Adjustments Meeting April 25,2001 -Page 3
Schumann made motion,Puleo seconded, to recommend approval of 15-foot variance to allow the
construction of a 3,600 square foot building 25 feet from the property line, and asked the Council
and staff to consider reviewing the Land Use Regulations in regards to setbacks of accessory
buildings in the agricultural area.
All Ayes. Motion carried.
Variance (Cranna)
The Board considered the request of Vernon and Dianne Granna,6900 1701h St.N.,and Richard and
June Schlitz,6920 1701h St.N.,for a variance to allow a property line adjustment for their properties
located at 6900 and 6920 1701h Street.
Staff found both lots are currently non-conforming due to their size. The Granna property was 0.55
acres and the Schiltz property was 9.3 acres,and a property line adjustment would result in Granna's
property being approximately 0.83 acres and the Schiltz property being 9.0 acres. Granna's home is
partially on the Schlitz property and the variance would allow the line to be shifted to include his
entire home on his property.
Puleo made motion,Schumann seconded,to recommend approval of a variance to allow a property
line adjustment for the properties on 170th Street.
All Ayes. Motion carried.
Adjournment
Puleo made motion, Schumann seconded, to adjourn at 700.
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Michele Lindau, Secretary
Board of Appeals and Adjustments