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HomeMy WebLinkAbout2005.09.08 BOZA MinutesMINUTES HUGO BOARD OF ADJUSTMENTS AND APPEALS SEPTEMBER 8, 2005 Chairperson Schumann called the meeting to order at 6:30 p.m. PRESENT: Brunotte, Puleo, Schumann ABSENT: NONE ALSO PRESENT: Bryan Bear, Community Development Director (CDD) Michele Lindau, Community Development Assistant Minutes of July 28, 2005 Puleo made motion, Schumann seconded, to recommend approval of the minutes of July 28, 2005 as submitted. All Ayes. Motion carried. Variance for Daniel & Jenifer Neilson for Setback from Sunset Lake The Board considered the request of Daniel and Jenifer Nelson, 30683 Wallmark Drive, Chisago City, for four variances to permit new construction on property located at 8233 132nd Street North. The property is located on the north end of Sunset Lake which is classified as a Recreational Development lake. The CDD explained that a dilapidated home was located on the property and had been serviced by a failing septic system. The applicant wanted to remove the existing structure and rebuild the home and septic system in a more suitable location. The applicant had located a site for a new mound system that had been approved by Washington County. The primary site would be located 45 feet from the wetland and a secondary site would be located 20 feet from the wetland. The applicant was requesting a variance from Hugo City code that requires a 75 foot setback from wetlands for septic systems located on recreational development lakes. The applicant was also requesting a variance to construct a deck on the home to be located 90 feet from the wetland where Hugo City Code required a 100 foot setback for structures. The applicant also wanted to keep the existing accessory building located on the property. Two variances were requested for the location of the building. The 1,200 square foot accessory building was located behind the dilapidated home and 7.25 feet from the side property line. The proposed home would be constructed behind the accessory building. Hugo City Code requires an accessory building to be located further from the home than the principal structure. Hugo City Code also requires buildings to be set back 20 feet from the side property line. As such, the applicant was requesting a variance allow the structure to remain 7.25 feet from the side property Board of Zoning Adjustments Meeting September 8, 2005 - page 2 line. Schumann opened the public hearing. Applicant Dan Nelson told the Commission that the home was constructed in 1954 and was unlivable. The accessory building was finished with metal siding and the shell of the building was dilapidated but the interior was decent. Brunotte questioned whether they would be staying in the home while constructing the new home and the applicant responded that they would not. There was no electricity or water to the home. There were no other comments so Schumann closed the public hearing. Schumann pointed out that the applicant could construct the home in the same location as the existing house but it would not be in the interest of the City for them to do so. Puleo said he had no problem with the variances and pointed out that the accessory building met the wetland setback. Puleo made motion, Brunotte seconded, to recommend approval of the variances as requested. All Ayes. Motion carried. Variance for Scot & Courtney Taylor for Setback from Horseshoe Lake The Board considered the request of Scot and Courtney Taylor, 17180 Henna Avenue North, for a variance to locate an addition and deck 100 feet from Horseshoe Lake where a 200 foot setback is required by ordinance. Hugo City Code, Chapter 320, Section 1155, classifies Horseshoe Lake as a Natural Environment Lake and requires a 200 foot setback for all structures located on Natural Environment lakes. The CDD explained that the addition had already been constructed without a permit and the deck is currently under construction without a permit. He also pointed out that many other buildings on properties surrounding Horseshoe Lake do not comply with the 200 foot setback. Schumann said that the lakeshore was likely lower prior to the 1970's when the water came up, and he asked when the addition was built. The CDD said that was hard to determine since no permit was issued. Schumann opened the public hearing. Applicant Scot Taylor told the Commission that he had been in the home for approximately the last 2 1/2 years and had put countless time and money into remodeling the home. He pointed out that the pole building on the property didn't meet the building setback either. There were no other comments and Schumann closed the public hearing. Board of Zoning Adjustments Meeting September 8, 2005 - page 3 Schumann suggested the applicant seek an after -the -fact building permit where double permit fees would apply. Other than construction without a permit, Schumann had no problem with the variance. Puleo agreed that the lake level had probably not always been were it is now. Puleo made motion, Brunotte seconded, to recommend approval of the variances for the deck and addition under the condition that the applicant obtain all permits for the deck and addition. All Ayes. Motion carried. Adjournment Puleo made motion, Brunotte seconded, to adjourn at 7:06 p.m. All Ayes. Motion carried. Michele Lindau, Secretary Board of Zoning Adjustments