HomeMy WebLinkAbout2010.04.22 BOZA MinutesMINUTES
HUGO BOARD OF ADJUSTMENTS AND APPEALS
April 22, 2010
Chairperson Schumann called the meeting to order at 6:30 p.m.
PRESENT: Schumann, Weidt, Puleo
ABSENT: Puleo
ALSO PRESENT: Bryan Bear, Community Development Director
Rachel Simone, Associate Planner
Approval of Minutes — September 24, 2008
Weidt made motion, Schumann seconded, to approve the minutes for September 24, 2010 as
presented.
All Ayes. Motion carried.
Marston — Variance from Shoreland and Side Yard Setback Requirement
Rachel Simone, the Associate Planner, described the application to the Board of Zoning. The
applicant is asking for variances from the shoreland and side yard setback requirements to allow
for construction of additions to their home located at 8895 126th Street North. The addition
would consist of a larger garage, home, and recreation room. Staff recommends approval of the
shoreland setback, and if that was approved the hardship for the side yard set back would be
eliminated. Staff recommends denial of the side yard setback variance request.
Schumann asked if the shore land setbacks have changed in recent years.
Rachel answered that the ordinance has been the same since it was adopted.
Schumann asked if they knew the elevation level of the lake compared to the home.
John Murphy, the contractor, answered that the lowest floor elevation of the new home would not
change. The water level is approx. ten feet lower than the lowest floor elevation. He also added
that the only survey that he had been given had a line showing a 10 foot setback and not a 20 foot
setback. He mentioned that the lot is unusual and has a smaller building pad and should be taken
into consideration.
Scott Marston stated that he could not have an outbuilding in the front yard of the home and that
creates some hardship for him. He also stated that the property to the north is just a farm field.
Weidt asked if the home is currently 24 feet from the property line.
Board of Zoning and Adjustments Meeting — April 22, 2010 - page 2
Rachel confirmed that was correct.
Schumann opened the public hearing.
Bart Guthrie, son of Nancy Guthrie, who is the property owner to the north of the applicant. He
stated that Nancy had lived on the property for 25-30 years and is concerned about the potential
impact to the property values if it is developed in the future. Currently the building is closer to
the property than most in the area and would like to see the building stay within the city
regulations.
Nancy Guthrie would some day like to sell the land or give some land to her son to build a home
closer to the lake. She feels the variance to build closer to her property would effect the value of
her property. She owns 80 acres total in the area.
Schumann closed the public hearing.
Schumann stated that the area is very rural and historically the board has been less restrictive in
those areas in the past.
Weidt stated that they would like to be 14 feet closer to the side property line, and would be more
comfortable with the building closer to the lake shore.
Schumann didn't really have an issue with granting both of the variances.
Weidt said that it would be hard to accommodate the addition any other way with the amount of
lakeshore on the property, and didn't see it effecting the value of the property to the North.
Schumann agreed as there isn't a home close to the applicant currently and that the homes could
be strategically placed in the future to accommodate the request. He doesn't have an issue with
granting both variances.
Schumann made a motion, Weidt seconded, to approve the variances from the shoreland and side
yard setback.
All ayes. Motion carried.
Adjournment
Weidt made motion, Schumann seconded, to adjourn @ 6:56 p.m.
All Ayes. Motion carried.
Dennis Fields
Community Development Assistant