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HomeMy WebLinkAbout07-13-92 CITY OF i ,AKRVILLE SPECIAL COUNCIL MEETING • JULY 13,1992 The meeting was called to order at 8:30 p.m. by Mayor Zaun. Roll call was taken. Present: Councilmembers Ruhmann, Sindt, Mulvihill, Harvey and Mayor Zaun. Also present; B. Erickson, City Administrator; D. Morey, Assistant Community & EconomicDevelopment Director; C. Friedges, City Clerk. Mr. VanVoltenberg requested Council approval of a conditional use permit for the construction of a two-car garage to replace the existing one-car garage on his property located at 10052 199th Street West. He stated that his initial application included a request for a sideyard setback variance on his east property line so that the garage could face west. He explained his reason for wanting the garage to face west was that he wanted an unobstructed view of his driveway and garage from the house, as he has been experiencing some problems with vandalism and theft. Mr. Morey presented the conditional use permit request. He explained that Mr. VanVoitenber~'s property, which is long and narrow, contains a number of non-conformities, including lot area and width, house and accessory building setbacks and an existing fence. He stated Mr. VanVoltenberg's original proposal included a request for a sideyard setback variance, as the proposed new garage did not meet the required 10-foot east sideyard setback. The Planning Commission held a public hearing on the request at its June 4th • meeting.. Staff recommended approval of the conditional use permit for the garage, subject to 10 stipulations, which included removal of the existing non-conforming garage, shed, boathouse and fence. However, staff recommended denial of the sideyard setback variance, noting that the new garage would meet the sideyard setback requirements if it was positioned to .face 199th Street. Mr. VanVoltenberg requested that the Planning Commission continue the public hearing to give him time to reconsider his request. The hearing was re-opened at the Planning Commission's June 25th meeting, at which time Mr. VanVoltenberg agreed with the stipulations of the conditional use permit. He requested, however, that the boathouse remain standing until the new garage is constructed. The Planning Commission agreed with Mr. VanVoltenberg's request, provided he post a $1,000 security at the time of building permit application to ensure removal of the boathouse by October 1, 1992. Mr. VanVoltenberg then withdrew his variance request and agreed to revise the site survey to show the proposed new garage facing 199th Street. Councilmember Sndt discussed the possibility of moving the garage closer to the house so that Mr. VanVoltenberg could have. a better view of rt. She also asked about options for location of the fence to help avoid trespassing and vandalism. Councilmember Mulvihill asked if additional lighting near the .garage would also help avoid some ©f Mr. VanVoltenberg's vandalism problems. Mr. VanVoltenberg.. stated he didn't understand why other properties in the area with narrow lots have been granted five-foot sideyard setback variances so that their garages could face the west, and his request is being denied. Councilmember Mulvihill stated that the Council feels the City has to gain. control over these types of variances, even though they may have been allowed in the past. Councilmember Harvey stated that since the variance was withdrawn by the • applicant, it would have to go back to the Planning Commission before it could be considered by the City Council. Mr. Erickson stated the staff report reflects the Planning Commission's consistency with current practice on Lakeshore variance requests. It was indicated that the discussion on vandalism at Mr. VanVoltenberg's property is an issue that should be taken up with the Police Department. 92.164 Motion was made by Sindt, seconded by Harvey to receive the Planning Commission's findings of fact .and grant a conditional use permit to Melvin Van~loltenber to allow the construction of a detached accessory building at 10052 -199th Street West. Roll call was taken on the motion. Ayes, Ruhmann, Zaun, Sindt, Mulvihill Harvey. There being no further business, Mayor Zaun adjourned the meeting at 9:00 p.m. Respectfully submitted, f Charlene Friedges, City er • Dua a Zaun, Ma