Minutes - Council - 10/22/2002 - Laserfiche WebLink

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building will be 1,120 square feet (28' x 40') in size. Coupled with the existing garage (440 sq. ft.), the applicants will have 1,560 sq. fi. in accessory buildings. This results in an overage of 72 square feet. The applicants would like to exceed the 1,488 square feet restriction in order to construct a detached accessory building that would accommodate the storage of a classic car and other personal equipment/vehicles. The proposed detached accessory building will be located in the side yard to the north of the principal dwelling and just south of the transmission line easement. The proposed accessory building location exceeds the ten (10) foot side yard and five (5) foot rear yard setbacks established in the Rural Developing Bulk Standards. The applicants stated that a second driveway would be installed. The applicants also applied for a variance to the front yard setback of forty (40) feet (which results in the accessory structure being located thirty-three [33] from the from property line). The case was presented to the Board of Adjustments on October 3, 2002, and was approved. The Planning Commission held a public hearing and reviewed the request on October 3, 2002. There was no citizen opposition during the public hearing. The Planning Commission recommended the City Council approve the conditional use permit request. Motion by Councilmember Zimmerman, seconded by Councilmember Hendriksen, to adopt Resolution #02-10-270 adopting Findings of Fact #0634 relating to Cindi and Michael Heying's request for a conditional use permit to exceed accessory structure size restrictions on the property at 17211 Willemite Street NW. Further discussion: Councilmember Anderson stated that the Planning Commission seems to go along with the opinion of homeowner associations in these types of cases, .but there are some instances where cases come before the Planning Commission and they don't ask if there is a homeowners association or restrictive covenants if the information is not provided. Community Development Director Frolik explained that restrictive covenants supercede City Code so without approval their conditional use permit is revoked. Motion carried. Voting Yes: Mayor Gamec, 'Councilmembers Zimmerman, Hendriksen, Anderson, and Kurak. Voting No: None. Motion by Councilmember Zimmerman} seconded by Councilmember Kurak, to 'approve Cindi and Michael Heying's request to exceed accessory building size restrictions based on Findings of Fact #0634, and adopt Resolution #02-10-271 declaring terms of same. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Zimmerman, Kurak, Anderson, and Hendriksen. Voting No: None. Mayor Gamec recessed the regular meeting of the City Council at 9:13 p.m. Mayor Gamec called the regular meeting of the City Council back to order at 9:24 p.m. City Council/October 22, 2002 Page 21 of 37