Laserfiche WebLink
Case #2 <br /> <br />Request for A Variance to Minimum Lot Width, Lot Area and Ordinary High <br />Water Setback; Case Gary Lien <br /> <br />Zoning Administrator Frolik noted that Section 9.21.07 of the City Code states that no lot that is <br />substandard in width and area by today's standards may be developed if it is under the same <br />ownership as one of the adjacent parcels. The applicant owns Lots 15 and 16 in Mississippi Acres <br />and would like to sell Lot 15 as a buildable lot but needs a variance on the lot size in order to do so. <br />A variance is also requested for the placement of a home on the property to be consistent with <br />neighboring structures instead of the 200-foot setback required by code. She noted that there are <br />eight cases of dual ownership on Bowers Drive, including this one. <br /> <br />Board Member Jensen asked if the DNK has seen this application. <br /> <br />Zoning Administrator Frolik responded that a copy was sent to the DNK. If there is no response, <br />certification is automatic. If the DNR does not approve the application, Mr. Lien would have to file <br />an appeal through the DNK. <br /> <br />Chairperson Deemer noted that if the setback were moved, Mr. Lien would have to fill in the flood <br />plain. He requested that the variance require hookup to City water and sewer when they become <br />available. <br /> <br />Zoning Administrator stated that the City cannot deny the right to oppose an improvement. <br /> <br />Motion by Chairperson Bawden, seconded by Board Member Jensen to adopt Nos. 1 through 9 of <br />the findings of fact, and amending No. 9 to an 85-foot variance. <br /> <br />Motion carries. Voting Yes: Chairperson Deemer, Board Members Bawden, Jensen, LaDue and <br />Terry. Voting No: None. Absent: Board Members Holland and Thorud. <br /> <br />Motion by Chairperson Bawden, seconded by Board Member Terry to adopt the remaining findings <br />of fact in the affirmative. <br /> <br />Motion carries. Voting Yes: Chairperson Deemer, Board Members Bawden, Terry, Jensen and <br />LaDue. Voting No: None. Absent: Board Members Holland and Thorud. <br /> <br />Motion by Chairperson Deemer, seconded by Board Member Bawden to amend the findings of fact <br />to include the addition of No. 29, that if not granted, the denial would cause the filling of a flood plain <br />which would be in violation of DNR regulations. <br /> <br />Motion carries. Voting Yes: Chairperson Deemer, Board Members Bawden, Jensen, LaDue and <br />Terry. Voting No: None. Absent: Board Members Holland and Thorud. <br /> <br />Motion by Board Member Bawden, seconded by Board Member Terry to adopt the amended findings <br />of fact. <br /> <br />Board of Adjustment/August 5, 1997 <br /> Page 3 of 4 <br /> <br /> <br />