07-20-1992 CC MIN - Laserfiche WebLink

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. . . City Council Minutes July 20, 1992 Page 3 steve Rohlf explained that Vance Zehringer is requesting an interpretation to the City's setback ordinance. He explained that Mr. Zehringer is proposing to build a house on Lake Orono. Mr. Zehringer explained that there is an empty lot on one side of his lot and he is requesting the Council to allow him to build his home to line up with the existing home on the other side of his property. Mr. Zehringer indicated that this would encroach eight feet on the 30 foot front yard setback. Mr. Zehringer further stated that he felt there were extenuating circumstances which limit his building to the required 30 foot front yard setback. He stated that there is a lagoon on his property which is not conducive to footings according to his builder. He further stated that most of the existing homes in the area are closer than the 30 foot front yard setback. The Council discussed whether a variance was necessary or whether the interpretation of the ordinance would suffice in this situation. steve Rohlf explained that he did not feel the interpretation meets the intent of the ordinance and felt a variance would be appropriate. Vance Zehringer indicated that if he were required to go through the variance procedure, he would have to put off building until next year. Councilmember Schuldt stated that because of the possibility that there may be a City-wide affect on the interpretation, the issue should be referred back to the Planning Commission and go through the variance process. COUNCILMEMBER SCHULDT MOVED TO REFER THE ISSUE TO THE PLANNING COMMISSION AND THEN BACK TO THE COUNCIL ON AUGUST 3, 1992, AND FURTHER TO DENY THE INTERPRETATION REQUEST. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. Councilmember Kropuenske stated that the interpretation may eliminate future variances and stated he would like to see the interpretation approved. THE MOTION FAILED 2-3. Mayor Tralle, Councilmember Kropuenske and Councilmember Dietz opposed. COUNCILMEMBER KROPUENSKE MOVED TO GRANT THE INTERPRETATION REQUEST BY VANCE ZEHRINGER WHICH WOULD INTERPRET SECTION 900.20(5)(F) to MEAN THAT WHEN THERE IS A STRUCTURE ON ONE SIDE ONLY OF A PROPOSED SINGLE FAMILY RESIDENTIAL HOME AND A VACANT LOT ON THE OTHER SIDE, THAT THE HOME BE ALLOWED TO LINE UP WITH THE EXISTING HOME. COUNCI LMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 3-2. Councilmember Holmgren and Councilmember Schuldt opposed. 5.3. Consider Zone Change C-2 to PUD/Chuba/Public Hearing 5.4. Consider Conditional Use Permit Office Complex/Chuba/public Hearing 5.5. Consider Preliminary and Final Plat "Evans/Main Addition"/Chuba Company/public Hearing