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HomeMy WebLinkAbout2001.08.22 BOZA Minutes MINUTES HUGO BOARD OF ZONING APPEALS AND ADJUSTMENTS AUGUST 22, 2001 Chairperson Schumann called the meeting to order at 6:30 p.m. PRESENT: Puleo, Schumann ALSO PRESENT: John Rask, Community Development Director Michele Lindau, Secretary ABSENT: Brunotte Minutes of May 23, 2001 Puleo made motion, Schumann seconded, to approve the minutes for the Board of Appeals & Adjustment meeting of May 23, 2001 as submitted. All Ayes. Motion carried. Koll Variance for Porch The Board considered the request of Mark and Jennifer Koll, 4940 1281h Street North, for a variance to permit a 28-foot setback from the front lot line where 30 feet is required for construction of a front porch on their property in the Woods of Bald Eagle Subdivision. Staff also noted that the draft ordinance, currently under consideration by the Planning Commission, would allow a four-foot front yard encroachment for porches. Schumann opened the public hearing. Mark Koll stated that the porch was mistakenly left off the survey when the building permit was applied for. The home was currently under construction. There were no other comments and Schumann closed the public hearing. Puleo made motion, Schumann seconded to recommend approval of the variance for 4940 128th Street North, based on the plans and application dated July 31, 2001. All Ayes. Motion carried. Satnik Variance for Garage The Board considered the request of Francis Satnik, 12310 Janero Avenue North, for a 22-foot side yard setback where 40 feet is required for construction of a 1,080 square foot garage located on his property. Planning Commission Meeting August 22,2001-page 2 Staff found the hardship was unique to the property because of the location of the existing home and septic system which limits the available area in which to construct the accessory building. At the time the applicant constructed the existing home, the side yard setback was 20 feet. In July of 1999, the City increased the side yard setback from 20 feet to 40 feet. Therefore, the hardship was not caused by the landowner; but rather, a change in the setback requirement. Schumann opened the public hearing. Francis Satnik, said he would be using the garage for storage of his 5th wheel, boat, and truck, and that trees would screen the garage from the road. There were no other comments and Schumann closed the public hearing. Schumann made motion, Puleo seconded to recommend approval of the variance for 12310 Janero Avenue North for a variance for a 22-foot side yard setback for the construction of a garage. All Ayes. Motion carried. Frogner Variance for Pool The Board considered the application of Steve and Janine Frogner, 14091 Fountain Avenue North, for a variance to construct a swimming pool 75 feet from Egg Lake where 100 feet is required by ordinance. The building setback was 75 feet from Egg Lake at the time the home was constructed. Since that time, the City had amended the ordinance to increase the setback from 75 feet to 100 feet. Staff found that there would not be any visual impacts from the lake because the proposed pool would be in ground and the shoreline is heavily vegetated with cattails extending a significant distance out into the lake. Schumann opened the public hearing. Janine Frogner stated she had purchased the home approximately 8 years ago and felt the pool would not be visible because of the cattails along Egg Lake. There were no other comments and Schumann closed the public hearing. The Board considered a letter from Joseph Richter, Hydrologist at the DNR, regarding the variance request. Richter felt Frogners should consider changing the location and design of their swimming pool instead of being granted a variance. Puleo noted that the DNR only acted as an advisory committee in these matters and the variance could be granted by the City. Puleo made motion, Schumann seconded, to recommend approval of the variance for 14091 Fountain Avenue North, for the construction a swimming pool 75-feet from Egg Lake. All Ayes. Motion carried. Planning Commission Meeting August 22,2001-page 3 Hamm Variance for Garage The Planning Commission considered the request of Robert Hamm, 12884 Flay Road, for a variance to exceed the maximum size of permitted garage space on their property,which is located in the Urban Residential Zoning District. Hamm has an existing 858 square foot attached garage and requested to construct a 834 square foot garage addition, which would result in a total of 1,692 square feet garage space where the ordinance permits a maximum of 1,000 square feet. The proposed addition would be for the storage of personal belongings and collector cars, and would not be used as a typical garage. The proposed garage addition would be located on the north side of the existing home, facing a wooded area, and would not be directly visible from surrounding homes. The applicant designed the addition to resemble the home but it would have two eight-foot garage doors that would be located on the side of the addition. The new garage doors would not face the street and would not have a driveway because the space would be used to store personal belongings and collector cars. The second story would be additional living space. Schumann opened the public hearing but there were no comments. Hamm was not present. The proposed garage met all the required setbacks and the Board felt it could have been considered an addition to the home, which would not require Council approval. Schumann made motion, Puleo seconded, to recommend approval of a variance for 12884 Flay Road to a construct a garage addition, without a driveway, to be used for the storage of personal belongings and collector vehicles. All Ayes. Motion carried. Adjournment Puleo made motion, Schumann seconded, to adjourn at 7:05 PM. All Ayes. Motion carried. Michele Lindau, Secretary Board of Zoning Adjustments