HomeMy WebLinkAboutBZ Minutes 10.12.23
Minutes for the Board of Zoning Meeting of Thursday, May 23, 2024
Chair Weidt called the meeting to order at 6:32 pm.
PRESENT: Arcand, Petty, Weidt.
ABSENT: None.
STAFF: Rachel Juba, Community Development Director
Max Gort, Associate Planner
Approval of Minutes for the BOZA Meeting of October 12, 2023
Board Member Arcand made a motion, seconded by Chair Weidt to approve minutes for the meeting
of October 12, 2023.
All ayes.
Motion carried.
Public Hearing: Michael and Lindsay Osterman, 12494 Goodview Avenue North – Variance request
for an accessory building to be placed in front of the house.
Associate Planner Gort provided a background on the request submitted by Hunter and Brayanna
Smith for their property located at 12033 Everton Avenue North . The request was to allow for a 1,200
square foot accessory building to have setback of 10 feet from the rear property line, where 30 feet is
required by ordinance. The property is bordered to the east by a 60-foot wide city-owned right of way.
The applicant has a portion of fence and a concrete slab that are located within the right of way , and
the eventual removal of this fence and slab are a condition of approval for the v ariance. The request
has practical difficulties in meeting the ordinance standards. The request is a reasonable use because
accessory buildings up to 1,500 square feet are allowed in the R-1 zoning district, the proposal meets
all other ordinance requirements, and existing trees provide adequate screening from the view of the
road. The property is unique due to the right of way bordering the east and west, the location of the
house towards the rear of the property, and the steep sloping terrain preventing placemen t elsewhere.
The variance will not alter the character of the area since accessory buildings are common in the R -1
zoning district, and the City-owned property immediately adjacent is vacant. The spirit and intent of a
required minimum rear yard setback is to allow space between buildings and property lines, and staff
is of the opinion that the proposal will allow for an adequate amount of space. Staff found that the
request met the necessary requirements to approve a variance, and recommended approval of t he
variance request to the Planning Commission.
Board Member Arcand asked about the history of the City right of way to the east of the property.
Community Development Director Juba stated that the right of way behind the house was part of an
1886 plat that crated small cabin-style lots in the area, but were never developed. Juba said that there
is a need for the City to keep the right of way, but that the need is not immediate.
October 12, 2023 BOZA Minutes
Page 2
The applicants, Hunter and Brayanna Smith, 12033 Everton Ave N, introduced themselves to the Board
and thanked them for hearing the request.
Chair Weidt Opened the Public Hearing at 6:42 PM.
Becky Schoeller, Gerald Schoeller, and Judith Schoeller, 4995 121 st St N, spoke at the Public Hearing via
Zoom. The Schoellers generally expressed concern that the variance would preclude future
development of their property. Becky Schoeller asked how far the applicants’ fence currently extends
into the right of way, Juba stated that the fence extends approximately 30 feet into the right of w ay.
Gerald Schoeller stated that he objects to the variance request due to fully engineered plans not being
available at this time. Juba stated that the applicants have not yet applied for a building permit, and
that the accessory building will not have sewer and water access. Juba stated that a road in the right of
is not planned in the near future and that the development of the Schoeller’s property will not be
impacted.
Joe Schoeller, 4970 120th St N, stated that he was concerned about the decreased setback for utilities
and snow removal. Chair Weidt asked if staff could clarify that the building was not going to be placed
in the right of way, and that it would be a greater distance than 10 feet from the side of the road, Juba
says yes. Schoeller stated he was concerned that this variance would set a precedent and impede
development in the area.
No one else spoke.
Chair Weidt closed the Public Hearing at 6:49 PM.
Board member Petty asked about the height of the building. Juba stated that the applicant’s plans
show 10-foot walls with a 4x12 pitch, making the building rougly 18-19 feet tall. Board Member Petty
asked if subsequent property owners asking for a variance will need to demon strate the same practical
difficulties, Juba said yes, and restated the unique circumstances with this property. Board Member
Arcand asked about the design of the building. Hunter Smith stated that the color coating will match
that of the home. Board member Petty asked about the purpose of the building, Smith stated that it
will be used as a detached garage for storing their boat.
No further discussion.
Board Member Petty made a motion, seconded by Board Member Arcand, to recommend approval of
the Variance request for 12033 Everton Avenue North.
Ayes: All.
Nay: None.
Motion carried.
The request will be considered at the City Council meeting of November 6th, 2023.
October 12, 2023 BOZA Minutes
Page 3
Adjournment
Board Member Petty made a motion, seconded by Board Member Arcand to adjourn at 6:52pm.
Ayes: All.
Nay: None.
Motion Carried.
Respectfully Submitted,
Max Gort, Associate Planner