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HomeMy WebLinkAbout2001.05.23 BOZA Minutes MINUTES HUGO BOARD OF ZONING APPEALS AND ADJUSTMENTS MAY 23, 2001 Chairperson Schumann called the meeting to order at 6:30 p.m. PRESENT: Brunotte, Puleo, Schumann ALSO PRESENT: John Rask, Community Development Director Michele Lindau, Secretary Minutes of April 25,2001 Puleo made motion, Schumann seconded, to approve the minutes for the Board of Appeals & Adjustment meeting of April 25, 2001 as submitted. All Ayes. Motion carried. Goiffon Slaughterhouse The Board of Zoning Appeals and Adjustments considered the request of Andrew Goiffon, 8124 147th St. N., for the appeal of an administrative decision made on January 11, 2000, by former City Administrator Bob Museus, that his slaughterhouse facility was in violation of the zoning ordinance. On June 6, 2000, the City Council passed a resolution affirming the City's general prohibition on custom process and slaughterhouse facilities within the City of Hugo and declined to adopt an ordinance to permit their operation or establishment. Mr. Goiffon provided information to the city asserting that his slaughterhouse facility was a lawfully existing non-conforming use, and requested the appeal of Mr. Museus's administrative decision. Mr. Goiffon's attorney,Larry Hanson, stated in a letter dated August 7, 2000, that the slaughter operation was a lawfully existing non-conforming use. The letter provided an overview of the operation and the dates in which it began operation, but failed to document the extent of the operation at the time it became non-conforming. Mr. Hanson states that the operation began prior to 1962 and that the City did not adopt its zoning regulations until 1975. Further,Mr. Hanson stated in his letter that the operation of the slaughter facility had not ceased since it began prior to 1962. Mr. Goiffon currently leases the slaughterhouse facility to Meng Yang and Nhia Yang. In 1975, the Village of Hugo adopted a new zoning ordinance. Prior to 1975, it appeared that the Village of Hugo was using the old Oneka Township zoning ordinance, which staff was unable to locate. In addition to checking City records, staff contacted Marvin LaValle who was on the Village Council at the time the Village merged with the township. Mr. LaValle checked his personal records and was unable to locate a copy of the ordinance; however, Mr. LaValle stated that he believed that the ordinance did not specifically address slaughterhouse operations. Board of Zoning Appeals and Adjustments Meeting May 23,2001-page 2 John Waller, 14010 Homestead Avenue said he has lived in Hugo since 1956 and remembers the operation being .naintained since before then. Walter Stoltzman, 8139 157th Street N.,who was born in Hugo in 1948,said his grandfather knew Andy Goiffon's father and lived near him for several years. Stoltzman said the operation had been there since he could remember, and there has never been noise or odor from the site. When asked by the City Attorney for a more specific date as to when he recalled the operation being there,Stoltzman said it was in the early 1970's. Stoltzman also spent time as Mayor of Hugo,and said as Mayor he believed the Goiffon property was grandfathered in as a legal non-conforming use. Larry Hanson,attorney for Goiffon,said Goiffon's operation was liscensed by the state,permitted by the MN PCA, and had a feedlot permit. Hanson said Goiffon purchased the family farm in 1959, which had been in operation since 1953. Board member Schumann indicated that he has been a resident of Hugo all his life and remembers Goiffon operating since around 1953-1954. Puleo said he felt it was a legal non-conforming use because testimony showed they had been in operation since the late 1950's and that he saw no evidence showing the operation had been expanded. Brunotte said he also felt it was a legal non-conforming use. Schumann motion, Brunotte seconded, to recommend the City Council find the Goiffon operation a legal non- conforming use that has not expanded since it began operation, and to rescind the letter sent by the former City Administrator on January 11,2000,and requested staff continue to search for the ordinances that were in effect prior to 1975. All Ayes. Motion carried. Variance for Garalze Setbacks (Greeder) The Board considered the request of David Greeder, 9113 122r'd Street North, for a 15-foot side and rear yard setback for the relocation of an existing detached garage, where the zoning ordinance requires a 50-foot rear yard setback and a 40-foot side yard setback. Also requested by Greeder was a 12-foot side yard setback for the construction of an attached garage,where 40 feet is required. Greeder's property is approximately one-acre in size and zoned Rural Residential. Staff and the Board found the hardship was unique to the property because of the size of the lot and location of the existing home and septic system. The location of the home and septic system limited the area in which to relocate the existing detached garage and to add a new attached garage.Greeder stated that if he met the setback,the building would be in the middle of his back yard. - Puleo made motion, Brunotte seconded, to recommend approval of the variances for David Greeder, 9113 122°d Street North, for construction of an attached and detached garage. All Ayes. Motion carried. Board of Zoning Appeals and Adjustments Meeting May 23, 2001-page 3 Variance for Deck Setback (Rhude) The Board considered the request of Matt Rhude and Mary Jo Lehmann, 5383 129`' Street North, for a variance to permit a five-foot side yard setback for construction of a deck. A 10-foot building setback is required in the Urban Residential Zoning district. Staff found the hardship was unique to the property because of the location of the existing home and sliding glass door. The home was constructed 12 feet from the east property line, and a sliding glass door was installed. Rude and Lehmann requested to install a reasonable size deck to provide egress from the home. Brunotte made motion, Puleo seconded, to recommend approval of the variance for Matt Rhude and Mary Jo Lehmann, 5383 129`h Street North, for a five foot variance for the construction of a deck. All Ayes. Motion carried. Property Line Adjustment (Zerwas & Schuneman The Board considered the request of James and Mary Zerwas, 12725 Goodview Avenue North, for a variance to permit a lot line adjustment for property located north of 125th Street and east of Goodview Avenue. Janet Schuneman would deed a 1.9 acre parcel to Zerwas resulting in the Zerwas property being 5.8 acres and the Schuneman property being 80.4 acres. As part of the property line adjustment, Zerwas would grant an access easement to Janet Schuneman. The easement would be 66 feet wide and would provide a second means of access to the Schuneman property. The Board of Zoning Adjustments tabled this application at its April 25th meeting at the request of Cindy Piper, Janet Schuneman's daughter. Staff had since had a discussion with Piper who said she no longer objected to the application going forward. Puleo made motion, Schumann seconded, to recommend approval of the variance for Schumann and Zerwas to allow a property line adjustment. All Ayes. Motion carried. Adjournment Puleo made motion, Brunotte seconded, to adjourn at 7:24 p.m. All Ayes. Motion carried. Michele Lindau, Secretary 3oard of Zoning Appeals and Adjustments