Rice County
MN

Action Item
DOC-2017-132

Variance/Zenk - Section 27 of Forest Township

Information

Department:Environmental ServicesSponsors:
Category:Variance - ShorelandMeeting Groups:Board of Adjustment

Resolution/Ordinance Body

(This section is for entering Resolution/Ordinance Language ONLY)

Meeting History

May 25, 2017 7:00 PM  Board of Adjustment BOA Regular Meeting

CONDITIONS OF APPROVAL - Zenk Variance

1. The variance is to allow for a 1118-sqft attached garage addition and connecting area as shown on the applicant’s submitted site plan to be added to an existing home located 54-ft from Fox Lake, subject to compliance with all other Ordinance regulations.

2. Submitted plans shall be followed.

3. This variance shall be void if a building permit for the proposed addition is not obtained within one year of the variance approval.

4. Parcels shall be combined into a single tax and deeded parcel prior to December 31, 2017.

5. Final landscaping shall require that 50% of the lake frontage to a landward depth of 10-ft. be planted and maintained as a natural vegetation buffer. Planting list must be approved by the Rice County Environmental Services Office prior to planting. Planting must be completed no later than July 1, 2018 and must be permanently maintained thereafter.

6. Failure to comply with the terms of this variance may result in termination of the Variance.

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Hearing Minutes:

Zoning Administrator Trent McCorkell (TM) presented the request.

JH - Existing garage roof, still in original place or moved?

TM - Believe in same spot, original plan was to replace, but that changed.

The BOA asked the applicant, Thomas Zenk (TZ), to come forward to add comments or answer questions regarding the request.

TZ, Faribault - Staff covered everything. I'm all set to just do this project. Have the garage lifted up, just on a slab. Slab cracked, back and side wall were poured on block, no good. Decided to just lift it up - the roof is fine, brand new, new trusses. Then we had a fire, so plans changed. Originally thought could turn it, get a bedroom out of it, replace barn with a 3 car garage. Instead going with this plan.

JH - Use existing roof and add on?

TZ - Describes plans to move existing roof to be part of new garage roof.

PB - Have you read the conditions?

TZ - I have. They look reasonable, but do not understand the reason of the one where want all parcels put into one.

Chair Horejsi opened the public testimony portion of the item to the public and the following (no one) spoke:

Jeff Flobeck, live down street, 13493 Fox Lake Trail - Here to support applicant. Like the idea of change, many houses in neighborhood are old. Appreciate the character. Grew up on Prior Lake, pretty extensive stuff there, would support more like this on our lake. Like the idea of spending rest of life here. Might like some changes myself down the road as well.

Chair Horejsi closed the public testimony portion of the item to the public.

Discussion:

JH - Seems reasonable, especially since he's not going closer to lake.

MS - It's a unique situation with the barn fire.

CP - Very familiar with site, this is a vast improvement on what is there.

Motion to approve with stated conditions made and seconded.

The Board of Adjustment reviewed the variance application, including the conditions stated above. The findings, based on the following criteria from Section 503 of the Zoning Ordinance, were read by Peters:

· Proposed use is allowed in the property’s zoning district;

· Request is in harmony with the general purpose and intent of the Zoning Ordinance and consistent with the Comprehensive Plan;

· Applicant proposes to use the property in a reasonable manner not permitted by the Ordinance;

· The request stems from circumstances unique to the property, not one created by the landowner;

· If granted, this variance will not alter the essential character of the locality nor have any significant impact on the surrounding properties;

· This is the minimum variance necessary to afford relief;

· Adequate sewage treatment and water capabilities can be provided;

· The variance would have no significant impact on public health or safety; and

· Special privileges are not conferred to the applicant that are denied owner of other lands, structures, or buildings in the same district.

The following additions to the findings were noted by staff:

TM - This is a fairly large parcel; at least three times larger than a standard lot; proposed addition is on the side of the home away from the lake.

Board of Adjustment voted to approve variance request with stated conditions and findings.

RESULT:APPROVED [UNANIMOUS]
MOVER:Charlie Peters
SECONDER:Preston Bauer
AYES:Joe Horejsi, Michael Streiff, Preston Bauer, Tom Sammon, Charlie Peters