Morrison County Board of Adjustment. Minutes. April 5, 2016

Transcription

1 Minutes April 5, 2016 Vice-Chairperson Dave Stish called the meeting of the s to order at 7:00 P.M. Members Present: Dave Stish, Mary Lange, BethyJo Juetten and Jerry Wenzel Members Absent: Debra Meyer-Myrum Ex-Officio Members Present: Amy Kowalzek, Brian Middendorf and Sharon Peterson Ex-Officio Member Absent: Darrin Welle and Steve Backowski PLEDGE OF ALLEGIANCE 1. Martin & Lacy Hines No Property Address Application for a Variance to allow a non-conforming lot; located in Lot 33 of 1 st to L-Wood Acres, Section 27, Township 132, Range 31, Scandia Valley Township. Martin & Lacy Hines were present. Amy Kowalzek entered into record Section of the Morrison County Land Use Control Ordinance, plat map and parcel location, Variance request application, background information questions, site plan, two (2) aerial photos, four (4) site phots, staff report, aerial photo, letter from 2002 and site plan showing available building envelope from Soil & Water. There were 68 notices sent out to neighboring property owners; there was one correspondence not in favor of the request. Amy entered the finding of fact and decision questions. Lacy Hines stated the building envelope is far enough away from the wetlands. Martin Hines stated they had asked Mr. Kroll (the seller) if they could put a camper on-site year round and he told us we could. That is how it was advertised for sale, as an R.V. site. Jerry Wenzel asked who dropped the ball, how did this happen. Amy Kowalzek stated that the County Attorney sent the owner (Mr. Kroll) a letter and the Recorders office cannot hold up a recording if all of the paper work is there. We may have these situations happen. Dave Stish asked Amy Kowalzek to define some of the terms in the staff report. Amy Kowalzek discussed how the lot got divided and the process of re-subdividing. Jerry Wenzel asked if the variance is denied what can they do with the lot. Amy Kowalzek stated anything that does not require a permit, they can have an R.V. on site for up to ten days per year. Dave Stish asked if they could have a dock. Amy stated they could. Jerry asked what the plan for the area was. Martin Hines stated he would like to thin out the brush and clean it up. Jerry asked about vegetation on the lot. Martin stated he would do a no mow zone near the lake. Audience Comment: None Pat Haggerty stated they own lots 32 and part of 33, our house does not face the lake it faces the property they want to develop. Any permanent or other structure we would object to. Scott Beaty stated this is part of the lake with a lot of cattails. When these things happen this gets disturbed there is some wetland on site and the area may need fill for driveway or structure. I am concerned about allowing an R.V. with other homes.

2 Amy Kowalzek stated that Soil and Water Conservation District did a delineation for the wetlands on this site and found a building envelope that would meet all setbacks. Sue Haggerty stated we live here year round and we don t want to look at a trailer. We tried to purchase this lot but the previous owner would not sell it to us. Kevin Maurer County Commissioner - stated he would not be concerned with a trailer once in a while but with a permanent structure and the dock allowed in the cattails could create issues. Ken Zeik DNR stated the DNR would like to see the least amount of disruption as possible to add a dock. This may or may not need a permit depending on the rules. BethyJo Juetten asked how they knew they needed a permit. Lacy Hines stated they called the Planning & Zoning office and were told we needed a permit for an R.V. and an E911 address. The lot was advertised for an R.V. lot and we called after we purchased the lot. Dave Stish asked if they had taken any legal action against the seller. Lacy Hines stated they have not. Dave Stish referred to the SONAR. The voting sheets were polled. Brain Middendorf stated if there is a tie vote due to only having four members tonight the application will not pass. It can only pass with a majority vote. A motion was made by BethyJo Juetten to deny the request. The motion was second by Mary Lange. The vote was all in favor. 2. Scenic View LLC / Jeff Hardy Fish Trap Lake Dr; Cushing, MN Application for a Variance to continue present docking & mooring; located in pt of Govt. lots 2 & 3, Section 32, Township 132, Range 31, Scandia Valley Township. Jeff & Julie Hardy were present. Amy Kowalzek entered into record Sections (B) of the Morrison County Land Use Control Ordinance and Subp. 6 of the MN State Rule, plat map and parcel location, Variance request application, background information questions, aerial photos, site plan, 1991 Imagery showing 4 docks, 2003 Imagery showing 9 docks, 2008 Imagery showing 9 docks, 2013 Imagery showing 6 docks, staff report and two (2) site photos. There were 133 notices sent out to neighboring property owners; there was three telephone calls two in support of the request and one in opposition. 34 s were received, 23 in support of the request and 11 in opposition. Amy entered the finding of fact and decision questions. Amy Kowalzek passed out a packet of the s that were received to the board and the applicant to review. A five minute recess was taken to review the information. Amy Kowalzek also read the letter that was received from the DNR. Jeff Hardy showed pictures of possible marinas in the area. Jeff discussed some articles regarding docks, and a marina that was allowed 79 mooring sites. Jeff read a document to the board. Mary Lange stated that at the time of the Conditional Use permit you were in front of the County Board and agreed to the conditions placed on the permit. Jeff Hardy stated that was correct, we did that to move forward with the expansion and planned to come back to ask for a variance. Mary stated that concerns her to agree to something and now you don t. There is quite a bit of impact to the lake from a resort, maybe you could reconfigure the layout of the docks. Jeff stated they already have due to the personal property damage to people s boats and to help with erosion issues. Dave Stish stated at the time of the Conditional Use Permit we had questions on a marina. Now the question is about the surface area per dock and mooring sites. For a time it was assumed this was a marina under the DNR. Ken Zeik DNR stated if this was considered a marina (which it is not) the DNR would apply the 44 mooring sites. Ken read the rules for requiring or not requiring a permit for a dock.

3 Audience Comment: Gary Ziehmann stated since 2001 more docks have been added. A lot of information was stated about other counties and in previous meetings it was stated that we are not in those counties we are in Morrison County. The property owner should have checked into the allowable docks before purchasing the property. I am not in favor of this request. Denise Hermes stated she is looking at the arms of this docking system. There is not a lot of traffic in or out of the area. I live here and have no issue with these docks. Any issues I have ever had they are right on top of it. I don t this this is a problem. Brian Pattock stated we need to focus on the rules and if they are being violated we need to enforce them. I am sure these are wonderful people but the rules need to be followed. Susan Sadoski stated she is aware of the traffic. We have been here full time for 12 years and part-time for 20 years. We have never had a problem with the campground, and the property has only been improved since the Jeff and Julie have owned it. David Thibert - stated there is not an issue with the campground, it is the lake and more docks means more boats and more boats means more problems. The applicant did agree to the conditions. Scott Gutknecht stated he is concerned with the impact to the lake. The applicant is just trying to keep what he has already had, it s not more of an impact. Kevin Maurer County Commissioner stated that the law states what the limit of the mooring sites are, the Conditional Use Permit had the conditions to meet that requirement and they are very clear. Chris Ziehmann read a letter written by the Lake Association President. Susan Sadoski stated that the boat traffic is also coming from the public access. Bob Harmsen stated that if they would like to be a marina than apply to be one. Jerry Wenzel asked if we can supersede the state rules. Amy Kowalzek stated yes, an outside council has given statement to such. Dave Stish stated the DNR SONAR states need and reasonableness. The voting sheets were polled. A motion was made by Mary Lange to deny the request. The motion was second by BethyJo Juetten. The vote was all in favor. 3. Brian & Mary Jo Andreasen 4715 Lakeview Dr; Cushing, MN Application for a Variance to expand a non-conforming structure; located in Lot 52 of 1 st to L-Wood Acres, Section 27, Township 132, Range 31, Scandia Valley Township. Brian Andreasen and Ron Peterson (contractor) were present. Amy Kowalzek entered into record Sections 301, (a) and of the Morrison County Land Use Control Ordinance, plat map and parcel location, Variance application, background information questions, site plan, two (2) aerial photos, staff report, four (4) site photos, impervious surface calculation sheet and suggested conditions if approved. There were 53 notices sent out to neighboring property owners; no correspondence was received. Amy entered the finding of fact and decision questions. Brian Andreasen stated there is an addition between the house and garage and a bump out on the dining room.

4 Jerry Wenzel asked if there will be a redesign on the landscape to direct the water somewhere. Brian Andreasen stated they will raise the garage about six inches and the water will stay in the yard. Ron Peterson stated there are no gutters now, with raising the garage we can allow the water to pool in the yard. Jerry asked about rain gardens. Brian stated he has not had a chance to look into them. Dave Stish stated the lot appears to be 114 x 350, is this a conforming lot. Amy Kowalzek stated that one side of the lot meets the lot width but the other side does not. We would consider this a conforming lot. Dave asked why we should consider this request when you can meet the setbacks with a new structure. The new garage is a two story with an addition to exasperate the structure. Brian Andreasen stated he did not consider changing the location of the garage. I don t know if I would have the room anywhere else and meet setbacks. Dave Stish stated it appears the garage would dump the water onto impervious surface and go towards the neighbors. Brain Andreasen stated we would like to retire here and have an attached garage. Dave Stish stated the property was purchased in 2010 why didn t you purchase something that would meet your needs at that time. Brain stated the property did meet there needs at the time they purchased. We are wanting to make some improvements with a minimal amount of disruption. Dave stated the garage can be up to 25 feet in height. Brian stated they don t plan to make an eyesore. Jerry Wenzel asked if they could just replace the garage. Amy Kowalzek stated they could same size and same location. Ron Peterson stated that to move the garage there is a hill on the other side of the property. Jerry Wenzel stated that to move the garage would disturb a lot of area. Ron stated that is correct. Dave Stish asked if they have ever considered leveling the property and starting over. Brain Andreasen stated they have not. Dave Stish stated that we need to consider lot considerations not on personal needs. Mary Lange stated that maybe it would be best to go back to the drawing board. Audience Comment: Kevin Maurer County Commissioner stated this issue continues to repeat itself, people buying property then wanting a variance to make it fit their needs. We need to look at the ordinance and be aware for future variances. The setbacks are there for a reason and we need to keep them in mind. Mary Lange stated maybe rather than voting you should go back to the drawing board and come back with a better plan. Brain Andreasen stated he is ok with not having the room above the garage, but would want to keep the connection between the house and garage. BethyJo Juetten asked if it would be possible to move the septic tanks if they needed to be updated anyway. Amy Kowalzek stated that if there is an issue between the septic and well setbacks we cannot grant that variance, you would have to get a variance through Minnesota Department of Health. Brian Andreasen stated he would like to continue the variance request. Amy Kowalzek stated it will be continued to the May 3, 2016 meeting. A motion was made by Mary Lange to continue the variance request. The motion was second by Jerry Wenzel. The vote was all in favor. The public hearing was closed at 10:38 p.m. A motion was made by Jerry Wenzel to approve the March 1, 2016 minutes. The motion was second by BethyJo Juetten. The vote was all in favor.

5 New Business Amy Kowalzek stated that the discussion before answering the voting questions is something she would like to continue. Old Business None A motion was made by Mary Lange to adjourn the meeting. The motion was second by BethyJo Juetten. The vote was all in favor. With no further business at hand, the hearing was closed at 10:40 p.m. Respectfully Submitted, Amy Kowalzek, Secretary Debra Meyer-Myrum, Chairperson Dave Stish, Vice-Chairperson