HomeMy WebLinkAbout2010.09.23 BOZA MinutesMINUTES
HUGO BOARD OF ADJUSTMENTS AND APPEALS
September 23, 2010
Chairperson Schumann called the meeting to order at 6:30 p.m.
PRESENT: Schumann, Puleo, Weidt
ABSENT: None
ALSO PRESENT: Bryan Bear, Community Development Director
Rachel Simone, Planner
Dennis Fields, Community Development Assistant
Approval of Minutes — May 27, 2010
Weidt made motion, Schumann seconded, to approve the minutes for May 27, 2010 as presented.
All Ayes. Motion carried.
CaPaul — Variance from Accessory Building Size Requirements
Planner, Rachel Simone, described the application to the Board of Zoning. The applicant is
asking for variances from the accessory building size requirement. The proposed building would
be 5,200 sq ft in addition to the existing 1,800 sq ft building already on the property. The
property is 7.69 Acres and the Accessory Building Ordinance allows for 3,500 sq ft and 4,375 sq
ft with a conditional use permit. She described the request as a self created hardship. She added
that the ordinance already allows for a reasonable amount of accessory building space and the
property can be put into reasonable use without the variance. Staff recommended denial of the
variance request.
Schumann asked for some background on the new variance law changes.
Bryan Bear explained the law interpretation and the legal ramifications of the new law to the
Planning Commission. He added that they can only approve the variance request if there is no
other reasonable use to the property.
Schumann opened the public hearing.
Craig Greeder, 9225 122nd ST N, stated that he had to put his building 60 feet from his property
line. He stated that putting that building up would require removing trees in a dense area. He
asked why they could not add to the existing building instead.
Doug Turk, 9195 122nd ST N, stated that it was heavily wooded and he would not like to see the
screening removed.
Board of Zoning and Adjustments Meeting — September 23, 2010 - page 2
Schumann asked how high the trees were.
Craig answered that the trees are 20 feet high. He added that 7,000 square feet on 7 acres of land
is well beyond the rule.
Jim Walsh, 12165 Janero Ave N, asked how he was going to access the building. He stated that
he is also concerned about the screening and asked why he couldn't put the building on the other
side of the property without all the wooded area.
Puleo added that if the variance was not granted he would still be allowed to put up a smaller
building.
Joe Capaul, the applicant's son, answered that the driveway would be off the existing driveway
and that they could add more trees for screening. He stated that he can't put the building on the
south end of the property because he wants to put cattle on that part of the property.
Weidt added that it was quite a large building, and asked what he was planning to store in there.
Mr. Capaul answered that they would store equipment that the family owns.
Schumann closed the public hearing.
Schumann stated that the case has already been laid out. He was comfortable with staff opinion
and added that he could get an additional 25% with a CUP.
Puleo stated that he has been on the Board for a long time and wants to help people with their
property, but the laws have changed due to the Supreme Court ruling. Since he already has a
reasonable use he can't support the request.
Schumann added that the applicant was well aware of the law changes before applying.
Weidt Motioned, Puleo seconded, to deny the variance request.
All Ayes, Motion Carried.
Adiournment
Weidt made motion, Puleo seconded, to adjourn @ 7:00 PM
All Ayes. Motion carried.
Dennis Fields
Community Development Assistant