02/07/2002 - Laserfiche WebLink

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Principal Planner Trudgeon explained that Francis and Barbara Klabough are planning to construct a residence on Lot 12, Block 1, Bowers Mississippi Acres on Bowers Drive, which is currently vacant. City Ordinances state that all homes shall be setback 200 feet from the Ordinary High Water mark (OHW) of the Mississippi River. The Klaboughs are asking for a variance to construct their house 150 feet from the OHW of the Mississippi River. The parcel is in the Scenic and Critical River Overlay districts. Section 9.23.11(2)©(3) of the Scenic River Overlay District allows for a new structure to be constructed at a similar setback of adjacent properties if the adjacent properties encroach into the required setback. The Critical River Overlay District, however, does not give the same permission. According to the DNR, it would appear that the provision for an adjusted setback in the Critical River rules may have inadvertently been omitted. The DNR has received the information regarding the variance request and has indicated that they are not opposed to the granting of the variance as long as the Klaboughs match the existing setbacks and do not disturb any existing natural vegetation in the bluff protection area (40 feet landward of the bluffiine). Staff recommends that a variance to the river setback be granted based on the setback of the two nearest structures. The house to the south is approximately 145 feet from the OHW while the lot to the north is approximately 160 feet from the OHW. Staff recommends a variance be granted to allow for the construction of a residence on Lot 12 no closer than 150 feet from the OHW. Board Member Johnson questioned if this is consistent with other actions of this type. Principal Planner Trudgeon answered yes. Citizen Input John Mueller, Lot 13, stated he has found himself in the most uncomfortable situation. He said he objects to the variance. He said he felt it was wrong. He said it has been a rule for years. He hopes he does not see a house there. Motion by Board Member Johnson, seconded by Board Member Kociscak, to close the public hearing. Motion carried. Voting Yes: Chairperson Nixt, Board Members Johnson, Kociscak, Brauer, Reeve, Sweet and Watson. Voting No: None. Absent: None. The public hearing closed at 7:09 p.m. Board Business Chairperson Nixt called the Board of Adjustment meeting back to order at 7:09 p.m. Board Member Sweet questioned why it would be ok to do this now just because it was done in the past. Board of Adjustment/February 7, 2002 Page 3 of 7