12-01-1986 CC MIN - Laserfiche WebLink

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PAGE 5 City Council Minutes Decemb er I, 1986 e COUNCILMEMBER GUNKEL MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION RIQUEST WITH THE STIPULATION THAT AN EASEMENT AGREEMENT BE ENTERED INTO WITH THE FOUR PROPERTIES INVOLVED AND FURTHER THAT THIS ROAD SHALL BE A ~RIVA'rn ROAD. COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION PASSED 4-0. 7. Variance Request by Oak Crest Partnership/Public Hearing Commissioner Kropuenske stated that Oak Crest Partnership was requesting a 5 foot encroachment on the 10 foot rear setback for a garage. He noted there was an error when the slab was poured for the garage and further stated that the setback was missed by staff when inspected. Commissioner Kropuenske noted that there is also a request for a 2 foot variance on the 5 foot required setback for the garage on the north side of Parcel C. He indicated the reason for this request is because the surveyor misread the surveying stakes. The Building developer to required 10 the developer and Zoning Administrator noted that staff allowed the pour the slab for the garage encroaching 5 feet onto the foot setback due to the fact that they were led to believe also owned the property to the north of the land. e Commissioner Kropuenske stated that the Planning Commission denied the 5 foot encroachment on the north property line and approved the 3 foot encroachment on the east property line contingent on a fire wall. Mayor Hinkle opened the public hearing. The Building and Zoning Administrator noted that Oak Crest Partnership has a purchase agreement but is actually not the owner at the present time. He indicated that at the time he allowed the slab to be poured he was led to believe that Oak Crest Partnership actually owned the property, and further noted that this was one of the reasons the Planning Commission voted to approve the variance. Berniece there is property. Pipenhagen a chance stated she was against the variance and stated that Oak Crest would happen to not further develop this Mayor Hinkle closed the public hearing. The Building and Zoning Administrator indicated that he spoke to Don Werner of Oak Crest Partnership who indicated they are interested in purchasing the property. The Building and Zoning Administrator further noted he felt the variance should stand on its own merit independent of whether Oak Crest own the property or not. e COUNCILMEMBER TRALLE MOVED TO APPROVE THE VARIANCE REQUEST OF THE THREE FOOT ENCROACHMENT ON THE EAST PROPERTY LINE CONTINGENT ON A FIRE WALL BEING INSTALLED. AND FURTHER TO DENY THE FIVE FOOT VARIANCE ON THE NORTH PROPERTY LINE. COUNCILMEMBER ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 4-0.