HomeMy WebLinkAboutBZ Minutes 11.14.24
Minutes for the Board of Zoning Meeting of Thursday, November 14 , 2024
Chair Weidt called the meeting to order at 6:30 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 May 23, 2024
Board Member Petty made a motion, seconded by Board Member Arcand to approve minutes for the
meeting of May 23, 2024.
All ayes.
Motion carried.
Public Hearing: Jim and Laurie Stodola, 12757 Homestead Drive North – Variance request to allow for
a deck to be placed within the required 100-foot setback of the ordinary high-water level of Sunset
Lake.
Associate Planner Gort provided a background on the request submitted by Jim and Laurie Stodola for
their property located at 12757 Homestead Drive North. The request was to allow for a deck to be
attached to the east side of the house, located 56 feet from the ordinary high-water level (OHWL) of
Sunset Lake, where a setback from the OHWL of 100 feet is required by the shoreland ordinance. The
proposed deck would be constructed on the southern side of the property and would be in-line with
the existing house relative to the lake. In order to meet the criteria necessary to approve a variance,
the applicant must demonstrate that there are practical difficulties in meeting the ordinance standard,
and that the requested variance keeps with the spirit and intent of the ordinance. The request is a
reasonable use because the proposed deck would be constructed in-line with the existing house,
screening is provided by existing trees and vegetation, and the proposed deck meets all other building
requirements in City Code. There are unique circumstances because the house was likely constructed
before the current shoreland standards were put in place, and the majority of the house is already
located within the required setback. Any construction of deck on the east side of the house would
require a variance, but construction of a deck on the west side of the house would be more disruptive
to the character of the area, as decks are not typically found in the front yards of houses. The existing
trees providing screening and the construction of the deck in-line with the existing house will not
significantly alter the view from the lake or adjacent properties. It is in staff’s opinion that there are
practical difficulties in meeting the ordinance standard. The spirit and intent of the shoreland
ordinance setbacks is to protect the view from public waters from being dominated by buildings. The
Minnesota DNR administers state shoreland rules, and the area hydrologist recommended that if the
City approved the variance request, that additional mitigation conditions be in place. Staff is requiring
November 14, 2024 BOZA Minutes
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that all existing trees remain as a condition of approval for the variance. Staff is of the opinion that the
variance request is keeping with the spirit and intent of the ordinance.
Staff is of the opinion that the request meets all necessary requirements to approve a variance. Staff
recommends that the Board hold a public hearing, take all comments, and recommend approval of the
variance to the City Council.
The applicants, Jim Stodola, introduced themselves to the Board and did not have any further
comments.
Chair Weidt asked if they have any decks currently. Stodola said that they do not have a deck. Weidt
asked if the DNR has a tree inventory of the site, Gort said they do not.
Board Member Arcand asked if the OHWL standard is strictly for visual impact p urposes. Juba
responded that it is mostly for visual impact, but that the Shoreland Impact Zone, which is half of the
required setback distance from the OHWL, is the area where the DNR doesn’t want any impacts for
hydrological concerns.
Chair Weidt Opened the Public Hearing at 6:36 PM.
No one spoke.
Chair Weidt closed the Public Hearing at 6:36 PM.
Board Member Arcand made a motion, seconded by Board Member Petty, to recommend approval of
the Variance request for 12757 Homestead Drive North.
All ayes.
Motion carried.
The request will be considered at the City Council meeting of November 18th, 2024.
Adjournment
Board Member Arcand made a motion, seconded by Chair Weidt to adjourn at 6:38 pm.
All ayes.
Motion carried.
Respectfully Submitted,
Max Gort, Associate Planner