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Motion by Board Member Hendriksen and seconded by Board Member LaDue to accept #10 and <br />#11 as presented. <br /> <br />Motion carded. Voting Yes: Chairperson Deemer, Board Members Hendriksen, LaDue, Holland, <br />Terry, and Thomd. Voting No: None. Absent: Board Member Bawden. <br /> <br />Zoning Administrator Frolik suggested adding a finding noting that the DNR had no formal review <br />or certification of the 1986 variance. <br /> <br />Motion by Board Member Hendriksen and seconded by Board Member Holland to add a finding to <br />read "That even though minutes reflect there was verbal approval by the Department of Natural <br />Resources for the variance granted in 1986 for Lot 2, Block 3, Riverside West, there is no <br />documentation of such." <br /> <br />Motion carded. Voting Yes: Chairperson Deemer, Board Members Hendriksen, Holland, LaDue, <br />Terry, and Thorud. Voting No: None. Absent: Board Member Bawden. <br /> <br />Chairperson Deemer stated the unique circumstance is that the property is zoned B-3, yet the City <br />has applied these critical river restrictions. <br /> <br />Ms. Frolik commented that the DNR would take the position that the property owner should be <br />aware of the restrictions and not build something that cannot meet those restrictions. <br /> <br />Mr. Dubats stated he felt the City should challenge the "Wild and Scenic" designation. He <br />admitted the area is Critical River Overlay but definitely not Wild and Scenic. <br /> <br />Board Member Hendriksen noted that according to the purchase contract the applicant is aware that <br />this variancelmight not get approved. He also added that the law is specific in that the hardship <br />cannot be caused by the property owner. <br /> <br />Board Member LaDue stated he was confident that the applicant has convincingly displayed the <br />presence of a hardship that City ordinances are setting specific requirements. <br /> <br />Motion by Board Member LaDue and seconded by Board Member Holland to amend #12 to read <br />"That there are unique circumstances.., expansion of the development that has occurred on Lots <br />1 and 2; and d) City Code requires that in the commercial district all off-street parking, driveways, <br />and maneuvering areas be paved and curbed." <br /> <br />Motion carried. Voting Yes: Chairperson Deemer, Board Members LaDue, Holland, Hendriksen, <br />Terry, and Thorud. Voting No: None. Absent: Board MemberBawden. <br /> <br />Motion by Board Member Terry and seconded by Board Member Holland to add a finding to read <br />"That the prOposed coverage of the lot by buildings is approximately 30% which would be <br />permitted by the B-3 Highway Business District." , <br /> <br />Motion carded. Voting Yes: Chairperson Deemer, Board Members Terry, Holland, Hendriksen, <br />LaDue, and Thorud. Voting No: None. Absent: Board Member Bawden. <br /> <br />Motion by Board Member Holland and seconded by Board Member LaDue to amend #13 to read <br />"That the special conditions causing the undue hardship do not result from the actions of the <br />Applicant." <br /> <br />Motion carded. Voting Yes: Chairperson Deemer, Board Members Holland, LaDue, Terry, and <br />Thonld. Voting No: Hendriksen. Absent: Board MemberBawden. <br /> <br />Board of Adjustment/March 17, 1994 <br /> Page 8 of 12 <br /> <br /> <br />