04-28-1998 BA MIN - Laserfiche WebLink

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Board of Adjustments Minutes April28, 1998 Page 2 • Tim Smith, applicant, thanked Commissioners Schuster, Kuester and Chambers for visiting the site prior to the meeting. He explained that the building framing is already in place and was raised 2 feet on the inside, not the outside. He proposed to address staff's concerns as follows: - Placing a small berm around the building and forcing the water to run to a holding pond. -A class 5 driveway to the building will be installed, and there will be ample area for maneuvering a large truck into the ditch easement since he owns the property on both sides of the easement. - Placement of a plastic mat underneath the floor of the building to prevent contamination of the stream in case of spills. Commissioner Thompson questioned why Mr.Smith started construction of the building without a permit. Mr. Smith indicated that the City Council approved a variance for the building size last fall, and he was aware he needed a variance for the location but he chose to go ahead anyway. Commissioner Schuster questioned when the lagoon was put in. Mr.Smith stated the lagoon was put in approximately 7 years and was used for watering by the Browns for their produce farming. Commissioner Chambers asked when the City could expect a response from the DNR. Scott Harlicker explained that the City routinely informs the DNR of requests O for variances to the shoreland ordinance, but staff has received no comments on this issue at this time. There being no other comments from the public, Chair Mesich closed the public hearing. Scott Harlicker indicated Mr. Smith is aware he will need to apply for an easement vacation, but that he wanted to go through the variance process first. COMMISSIONER THOMPSON MOVED TO DENY THE REQUEST BY TIM SMITH FOR A VARIANCE TO THE SHORELAND SETBACK, BASED ON THE FOLLOWING FINDINGS: 1. THE APPLICANT DID NOT SHOW THAT HE WOULD SUFFER ANY HARDSHIP BY STRICT APPLICATION OF THE ZONING ORDINANCE. 2. THE APPLICANT HAS REASONABLE USE OF THE PROPERTY WITHOUT THE GRANTING OF THE VARIANCE. THE BUILDING COULD BE CONSTRUCTED IN ANOTHER LOCATION NOT IN THE FLOOD PLAIN. 3. THE PROPOSED LOCATION IS WITHIN THE FLOOD PLAIN AND WOULD REQUIRE RAISING THE BUILDING FLOOR ELEVATION BY 6 FEET,THEREBY INCREASING THE POSSIBILITY OF IMPACT UPON THE DNR PROTECTED STREAM. COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 4-2-1. Commissioners Chambers and Schuster opposed. Chair Mesich abstained. 4.2. Chip Martin Martin Plaza) Request for Parking Lot Setback Variance,Public Hearina Case No V 98-4