05-28-1996 PC MIN - Laserfiche WebLink

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Planning Commission Minutes May 28, 1996 Page 3 ............__........._---....-.....-......-.-..................................... ... . ........ . ....."..."..........".".......... . - ".......................".",.............-....... Staff report by Scott Harlicker. This request was initially for a variance to the 300 foot setback requirement between an agricultural building and adjacent residences and a conditional use permit to allow a horse on a lot less than five acres. However, with a recent amendment to the City's zoning ordinance the only application necessary is the conditional use permit. The Kowalzek's have indicated that since the reduced setbacks will allow them to enclose two acres for pasture, they would like permission to have two horses. Chair Dillon opened the public hearing. There being no comments from the public, Chair Dillon closed the public hearing. COMMISSIONER KUESTER MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY PAUL AND PAULA KOWALZEK FOR A CONDITIONAL USE PERMIT. PUBLIC HEARING CASE NO CU 96-3, BASED ON THE FINDINGS IN THE STAFF REPORT, AND THE FACT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 4-0. ...................".........."'............"....----..-,.-.....................................................-.-..-.--,....-...-.....-.....-..__...........-......... .5.4........ ......Olal"lelysol"l.RedUesH6tMatiance,PuBlic...HeatiROcase...NoC.V9644'....... . Staff report by Kendra Lindahl. Diane Tyson is requesting a variance for a 5 foot setback from the garage, and a variance for a 35 foot shoreland setback from the Elk River for a septic system. The existing septic system at 18741 Yankton St. NW is failing. Staff inspected the site with the installer, Leo Deschenes, and found that there is not sufficient room for Ms. Tyson to place a new septic system on the property and still meet all required setbacks. The current ordinance requires a 75 foot setback from the ordinary high water mark for septic systems. Ms. Tyson is requesting a 40 foot variance for a 35 foot setback from the ordinary high water mark and is also requesting a variance for a 5 foot setback instead of the required 20 foot setback from any structure. Staff had a preliminary discussion with Dan Lais of the DNR-Division of Waters and indicated that, in staff's opinion, this variance is the best solution available. In staff's opinion, Ms. Tyson very clearly shows a hardship in that there is no room to place a new septic system on the property. If the variance is not granted, Ms. Tyson will lose all use of the land as a residence. Therefore staff recommends the following findings to support the variance: 1. Literal enforcement of the ordinance would cause undue hardship by denying the applicant full use of the property. Without a variance, no septic system can be placed on the property and the property would not be usable as a dwelling. .