02-10-2009 BOA MIN - Laserfiche WebLink

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Board of Adjustments Minutes February 10, 2009 Page 2 Vice-Chair Scott opened the public hearing. There being no public comment, Vice-Chair Scott opened the public hearing. Commissioner Staul stated that even though he did support the conditional use pern~it, he agreed with staff that the variance request does not meet the five criteria. Comrr-issioner Austad stated he supported the variance. He stated that the request is consistent with what exists behind the other businesses. Commissioner Anderson stated that he could not approve the variance, since it intrudes into the setback beyond what is acceptable, and the amount of impervious surface adds another reason for denial. He stated that it is the job of the Board of Adjustments to uphold the city's regulations. Commissioner Westberg stated he concurs with Commissioner Anderson and staff. He stated he had concems that erosion issues could compromise this property, as well as others businesses. Commissioner Austad stated that he felt the issues could be addressed, and that he would expect the property owner would take all the necessary steps to protect his property. Commissioner Staul stated that if the Board of Adjustments denies the request, the applicant would have an opportunity for review by the City Council and DNR. Councilmember Motin stated that he did not agree with staff's findings. He stated that the size and layout of the lot constitutes a hardship in expanding the business. He had concems with how the bluff line was detem~ined, and that it seems to single out this property. He stated that he felt a good argument could be made that the request does meet the criteria for granting a variance. Commissioner Anderson stated he disagreed that the criteria could be met. He stated that the bluff line was based on the natural conditions, and that the original owner chose to build in that location. He expressed concern for runoff and that approval of the variance could potentially be injurious or adversely affect the health, safety or welfare of residents of the city (Criteria #5). He stated the Board of Adjustments needs to look at the request as it applies to the city's ordinances. Commissioner Lemke stated that he was in favor of approving the request and continuing to work with the DNR to address their concerns. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER STAUL TO DENY THE REQUEST BY FRED MCCOY FOR A VARIANCE FROM THE SHORELAND SETBACK REGULATIONS, AND THE IMPERVIOUS SURFACE REGULATIONS, CASE NO. V 09-01, BASED ON THE FOLLOWING FINDINGS: 1. THE APPLICATION DOES NOT MEET VARIANCE CRITERIA 1-4 SET FORTH IN SECTION 30-635 2. THE ENTIRE PROPOSED 30 FOOT ADDITION IS WITHIN THE DNR DEFINED BLUFF LINE SETBACK