HomeMy WebLinkAboutMinutesBOARD OF APPEALS MINUTES
July 13, 2011
PRESENT: Dan Carpenter, Robert Cornell, Janet Duellman, Dennis Penney, Kathryn Larson, Jane
Cryan, Robert Krasniewski,
EXCUSED: none
STAFF: Todd Muehrer, Associate Planner /Zoning Administrator; Deborah Foland, Recording
Secretary
Chairperson Cornell called the meeting to order at 3:30 p.m. Roll call was taken and a quorum declared
present.
Mr. Cornell stated that last month there was discussion on whether Board member's personal information
such as addresses and phone numbers was posted on the City's website and Mr. Muehrer had indicated that
this information was removed at his request. Mr. Cornell commented that he found the information in
another area on the City's website.
Mr. Muehrer responded that Mr. Cornell should send the link to him where the information was found and he
would contact the Information Technology Department to remove it.
The minutes of June 8, 2011 were approved as presented. (Penney / Krasniewski)
ITEM I: 120 -122 STONEY BEACH ROAD
Jack L. Darland- applicant /owner, requests the following variances to permit open off - street parking spaces in
the street & side yard setbacks:
Description Code Reference Required Proposed
Street Yard Setback (west) 30 -23 (C)(1)(b) 25' 1.5'
Side Yard Setback (east) 30 -23 (C)(1)(c) 5' 1'
Mr. Muehrer presented the item and distributed photos of the subject site. The property is located in between
Stoney Beach Road (west) and Stoney Beach Street (east) and is zoned R -1 Single Family Residence District
within the Lakeshore Overlay District. The owner is proposing to asphalt pave existing nonconforming
gravel off - street parking areas on the west and east sides of the existing principal structures for expanded off -
street parking purposes. The parcel is developed with two single - family residential structures constructed in
1958 with vehicular access provided by driveways on both Stoney Beach Road and Street. The current
ordinance requires single family residential uses to provide a minimum of two off - street parking spaces
therefore the property should provide four such spaces to be code compliant. The parcel contains a total of
two parking spaces currently with the attached garages. The irregular shape and double street frontage of the
parcel does not provide a feasible alternative for improvements and granting the variance will not be
detrimental to adjacent properties or contrary to the public interest.
Jack Darland, 3448 Oakland Lane, explained the history of the site and when he acquired it and stated that he
would like to update and improve the property. He felt that the asphalt paving would attract a higher quality
of clientele and the odd shaped lot made code compliant improvements difficult.
Board of Appeals Minutes 1 July 13, 2011
Ms. Larson commented that it was not an easy property to locate.
Mr. Krasniewski questioned if the roadway leading to the property was a private drive.
Mr. Darland replied that it was a private drive to the east and a city street on the west side.
Ms. Larson inquired if the road only services these two homes.
Mr. Darland responded affirmatively.
Mr. Carpenter questioned how far the property was from the lake.
Mr. Darland indicated that the property was approximately 60 feet from the lake.
Mr. Carpenter inquired if the DNR requirements for impervious surfaces would create any problems with
this request.
Mr. Muehrer replied that the only setback standards that apply in this case would be base zoning standards.
The property is not subject to shoreland setback standards due to it being annexed prior to 1982. He did not
anticipate there would be any issues with the DNR; however, the Department of Public Works may have
stormwater regulations triggered by the addition of impervious surface to the property.
Mr. Krasniewski questioned who owned the fence on the east side of the property and if any screening was
necessary along the west side.
Mr. Darland responded that the fence was owned by the neighbor of the adjacent property and it was hard to
tell where property lines were located in this area.
Mr. Muehrer added that there was an evergreen hedge along the west side of the property so there was no
issue from a screening standpoint and no negative impact on neighboring properties.
Ms. Cryan inquired when the residential structures were built.
Mr. Darland replied that he thought they were built in 1969; however, the staff report indicates that they
were constructed in 1958.
Mr. Penney questioned if the variance request would be enlarging the lots.
Mr. Muehrer responded that the owner was proposing to place asphalt over the existing gravel surfaces
which requires a variance to the code to complete these improvements.
Motion by Carpenter to approve the request for a variance to permit open off - street parking spaces
in the street yard setback (west) of 1.5' and the side yard setback (east) of I '.
Seconded by Penney. Motion carried 5 -0.
Board of Appeals Minutes 2 July 13, 2011
Finding of Facts:
Improvement to appearance.
No harm to public interest.
Unique situation.
There being no further business, the meeting adjourned at 3:46 p.m. (Cryan/Carpenter).
Respectfully submitted,
Todd Muehrer
Associate Planner /Zoning Administrator
Board of Appeals Minutes 3 July 13, 2011