Agenda - Council - 09/28/2004 - Laserfiche WebLink

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CASE #: 6 REQUEST FOR EXTENSION TO VARIANCE FROM ROGERS LAKE SETBACK; CASE OF BRIAN AND LAUREL JONES By: Sylvia Frolik, Community Developmetn Director Background: On November 7, 2002, the Board of Adjustment approved R. on Canner's request for a variance to . the setback from the ordinary high water mark of Rogers Lake. Nk. Carmer was in the process of subdividing his property .to create a buildable lot for his daughter and son-in-law, Brian and Laurel Jones. As a part of the platting process, Mr. Canner ~vas required to dedicate an additional 27 feet of right-ol:way adjacent to County Road #27. The combination of the setback from Rogers Lake, the adclitional 27 feet of right-of-way for the County r. oad, and an extra 10 feet of setback from County Roacis in shore[and over[ay districts, eliminated any chance of a reasonable building pad on the new lot created, .even though the lot exceeded the minimum area requirement. Also, at the Applicant's request, the variance was approved with a 2 year (versus the standard 1 year) time ~'rame in which to initiate the variance. Policy has been that application for building permit initiates the variance. The following items are enclosed for your information: a) b) c) el) e) Site location map Site plan Resolution #02~ 11-280 adopting findings of fact in 2002 Resolution #02-11-281 approving the variance in 2002 Proposed resolution granting extension of initiation of variance Observations: '['he variance will expire on November 7, 2004 and Brian and Laurel Jones are not planning to build this winter. On September 14, 2004, the City received a written request for a 1 year extension to initiate the variance and apply for a building permit. The stated reason for the extension is financial hardship over the past two years, but the request also notes that the situation has improved and they anticipate building their home in 2005. Staff has reviewed the request from the applicants and finds that it is acceptable. Recommendation: City Staff recommends approval of the request for extension of Variance. Council Action: Motion to adopt Resolution #044)%__ extending deadline for initiating the variance to the Rogers [_ake Setback in I',.l?. Keillor Addition to November 7, 2005. Review Checklist: City Attorpey CC: 09/28/I)4