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HomeMy WebLinkAbout2001.10.24 BOZA Minutes MINUTES HUGO BOARD OF ZONING APPEALS AND ADJUSTMENTS OCTOBER 24, 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 Aul4ust 22, 2001 Puleo made motion, Schumann seconded to approve the minutes for August 22 as submitted. All Ayes. Motion carried. Twedt Variance The Board of Zoning Adjustments considered the variance request of Lynette Twedt, 15135 Elmcrest Avenue north, to permit a 5,000 square foot pole building on property located at 15135 Elmcrest Avenue North. The parcel is 10 acres in size and zoned agricultural. Twedt requested a variance of 1,400 square feet for the construction of a 50'X 100'pole building to be used for personal storage. Hugo City Code Chapter 320,Sec.6.3, allows a maximum of 3,600 square feet of accessory buildings space in the agricultural zoning district. The Community Development Director reviewed the staff report and said the property could be put to a reasonable use without the variance; the applicant could construct a 3,600 square foot accessory building on the property.Staff found that the requested variance did not meet the standards necessary to approve a variance; therefore, staff's recommendation was to deny the request for a 5,000 square foot pole building on the Twedt property. Twedt said they have a large boat as well as a 40' trailer,bobcat,and lawnmower with attachments,and they felt it would be too crowded in a 3,600 square foot pole building. John Udstuen, 15190 Elmcrest Avenue, said his rear property line abutted Twedts and he had no objection to the request. Udstuen said he felt that a 5,000 square foot building would be appropriate on a 10-acre parcel,and would also help ensure the parcels remains a 10-acre lot. Arnie Triemert, 15220 Everton Avenue, approved of the request. Ron McRoberts, 15111 Elmcrest Avenue,has property abutting Twedt's and said he would prefer an oversized pole barn as opposed to outside storage in the yard. McRoberts also asked that the building be turned so the longer section of the building and the access to the building is away from the property line. Twedt stated they are unable to turn the building because of the flood plain and that she would be planting shrubs along the property line to screen the building from McRoberts, which McRoberts said he appreciated. Board of Zoning Adjustments Meeting October 24,2000-page 2 Brunotte made motion,Schumann seconded,to approve the variance to construct a 5,000 square foot pole barn on property located at 15190 Elmcrest Avenue with the condition that landscaping be done along the property line. Gruber Variance The Hugo Board of Appeals and Adjustments considered the request of David Gruber,8045 140th Street North,for variances to construct a pole building on his 5-acre parcel,which is located in the rural residential zoning district at the address above. Specifically requested was a variance of 900 square feet to allow a 3,200 square foot pole building where a maximum of 2,300 square feet is allowed in the rural residential zoning district by ordinance. Also requested is a setback variance to locate the building closer to 140th Street than the home. The Community Development Director reviewed his staff report with the Board. Staff had found that the hardship was unique to the property because the setback of the home far exceeds the 40-foot minimum front yard setback of the ordinance. The home is setback approximately 350 feet from the road and Gruber could not move the pole building farther from the road because of the location of the existing home, well, and septic system area. Staff recommended approval of the setback variance but not the variance to exceed the maximum allowed square footage of the pole building. Because the property could be put in reasonable use without the size variance, staff found the request did not meet the standards necessary to approve a variance. Gruber stated that the he was unable to fit all his equipment into a smaller building. The building would match the home and be screened by the heavy woods. Gruber said that many of his neighbors have larger pole buildings that had been grandfathered in. The members of the Board felt the size requirements in the ordinance should be reviewed. Puleo made motion,Brunotte seconded,to approve the variance request of David Gruber,8045 140th Street North, for a 3,200 square foot pole building and a setback variance to locate the building closer to 140th Street than the home. All Ayes. Motion carried. Capaul Variance Hugo Board of Appeals and Adjustments considered the application of Roger B. Capaul, 12173 Janero Ave.N., for a variance to construct a 30' X 60' pole building on approximately 6.9 acres located in the rural residential zoning district at the address above. Specifically requested was a variance of 12.5 feet to allow the building to be located 27.5 feet from the side property line where a 40-foot setback is required by ordinance. The proposed building would replace a similar building that was recently destroyed in a fire. When the original building was constructed, the side yard setback was 20 feet. The Community Development Director reviewed the staff report with the Board, recommending approval of the variance because prior to 1999, the setback had been 20 feet, and there are numerous locations where accessory buildings are located closer than 40 feet from a side lot line. Craig Greeder, 9225 122nd Street North, is the adjoining property owner to the east. Greeder disputed the location of the property line, saying the previous building was approximately 4 feet from the property line. Board of Zoning Adjustments Meeting October 24,2000-page 3 Brunotte made motion, Schumann seconded, to recommend approval of the variance to located the pole building 27.5 feet from the property line, with the exact location of the property line being agreed upon by Capaul and Greeder, and a survey of the properties be done if necessary. All Ayes. Motion carries. Rush Variance The Board considered the application of Michael and Debra Rush, 6352 151" Street Court North, for a two foot variance to construct a 12 X 24 foot deck eight feet from the side property line, where a ten foot side yard setback is required by ordinance. The Community Development Director review the staff report with the Board recommending denial of the variance because the applicant could construct a 10 x 24-foot deck that would comply with the City's setback requirements. Rush said a 10' deck would not comfortably accommodate a 6-inch table with chairs. Rush also said the deck would be facing the side of the neighbor's house where there was only one small window, and he already spoke to the neighbor who had no objection to the request. Puleo said he had no problems with recommending granting of the variance. He also noted that the City grants a fair amount of variances for decks in new developments and wondered if the location of decks should not be included in the site plans. Brunotte did not feel a 10' deck was big enough and he approved of the variance. Schumann had no problems with the granting of the variance since there were no objections from the neighbors. Puleo made motion, Schumann seconded, to recommend approval of the variance for Michael & Debra Rush, 6352 151" Street Court North, for a two foot variance to construct a 12 foot by 24 foot deck eight feet from the side property line, where a ten foot side yard setback is required by ordinance. All Ayes. Motion Carried. Adiournment Puleo made motion, Brunotte seconded to adjourn at 7:15 p.m. L..rj� kI-W Michele Lindau, Secretary Board of Zoning Adjustment