HomeMy WebLinkAboutBZ Minutes 03.13.25
Minutes for the Board of Zoning Meeting of Thursday, March 13, 2025
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 November 14, 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: Julie and Greg Manning, 4938 121st Street North – Variance request to allow for an
attached garage and car port to have an area of 2,336 square feet, where an area of 1,678.75 square
feet is allowed by ordinance.
Associate Planner Gort provided a background on the request submitted by Julie and Greg Manning for
their property located at 4938 121st Street North. allow for the construction of a 2,336 square foot
attached garage and car port, where 1,678.75 square feet is allowed by ordinance. Attached garages
are allowed to have a size of 1,000 square feet, plus 25 percent of the amount by which the footprint
of the principal building exceeds 1,000 square feet. The garage is proposed to have an area of 1,920
square feet, and the car port is proposed to have an area of 416 square feet, totaling 2,336 square
feet. The attached garage and car port would be located on the south side of a proposed 3,697 square-
foot house. The property is two acres in size, located in the Large-Lot Single-Family Residential zoning
district (R-1), and is within the Acres of Bald Eagle development.
In order to meet the criteria of approval for a variance, the applicant must demonstrate that there ar e
practical difficulties in meeting the ordinance standard , and that the requested variance is keeping
with the spirit and intent of the ordinance. To determine practical difficulties, the requested variance
must be a reasonable use of the property, must be due to unique circumstances of the property not
created by the landowner, and not disrupt the character of the area. T he request is a reasonable use
because the applicant is proposing to have a larger attached garage than construct the allowed garage
area and accessory buildings. The applicant has agreed to not construct any accessory buildings on the
property as a condition of approval for the variance. The property is unique in that it is surrounded by
other parcels on nearly all sides, and the construction of accessory build ings and associated driveways
would create more of a visual impact on neighboring properties. The c haracter of the area will not be
disrupted by the variance, as the property is buffered from view of the road by the parcel to the south,
March 13, 2025 BOZA Minutes
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and buffered from view of adjacent properties by wooded areas on the site. The request is keeping
with the spirit and intent of the attached garage ordinance, which is to prevent attached garages from
dominating the appearance of the property, because it is buffered from view and the additional
building space is limited to the attached garage.
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 approva l of the
variance to the City Council.
Board Member Petty asked if the car port footprint counted towards the attached garage calculation.
Gort said that it was counted in the area calculation. Petty asked if the parcel could be subdivided in
the future. Community Development Director Juba stated that the lot is part of a plat, and that the
specific lot already received a variance through PUD flexibility for the reduced road frontage.
Therefore, the lot would not be able to subdivide without some sort of variance.
Board Member Arcand asked if 121st Street has been paved, Juba said yes. Chair Weidt asked if the
applicant would be assessed for the street improvements, Juba said that the developer paid for the
road improvements but that the applicants will need to connect to City sewer and water services.
The applicant, Greg Manning, introduced himself to the Board and did not have any further comments.
Chair Weidt Opened the Public Hearing at 6:42 PM.
No one spoke.
Chair Weidt closed the Public Hearing at 6:42 PM.
Board Member Petty made a motion, seconded by Board Member Arcand, to recommend approval of
the Variance request for 4938 121st Street North.
All ayes.
Motion carried.
The request will be considered at the City Council meeting of April 7th, 2025.
Adjournment
Board Member Arcand made a motion, seconded by Board Member Petty to adjourn at 6:43 pm.
All ayes.
Motion carried.
March 13, 2025 BOZA Minutes
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Respectfully Submitted,
Max Gort, Associate Planner