BOARD
OF ADJUSTMENT/PLANNING COMMISSION
CITY OF LAKE SHORE -
CITY HALL
April 12, 2010
7:00 PM
COMMISSION APPROVED
MINUTES
Commission Chair Earl North called the meeting to order at 7:00 p.m. Members of
the commission present: Earl North, Dave Baldwin, Dick Miles, Lee Martin;
Alternate Tom Diemert; Council Liaison Susan Amacher; Zoning Administrator Teri
Hastings and City Clerk Patti McDonald. Mark Nelson and City Engineer Mark
Hallan were absent. There were 2 people in the audience. A quorum was present
and the Commission was competent to conduct business.
MOTION BY DAVE BALDWIN TO APPROVE THE BOARD OF ADJUSTMENT/PLANNING COMMISSION
MINUTES FOR FEBRUARY 8, 2010 AS PRESENTED. DICK MILES SECONDED THE MOTION.
MOTION PASSED UNANIMOUSLY. Earl corrected the permit summary valuation for
March year to date; it should be $147,620.00.
PUBLIC HEARING
Variance Request-
– Eric Peterson requested a variance to construct a 30’x34’ garage at a setback
of less than 60 feet from the road right of way of County Highway 77
(Interlachen Road) and a sideyard setback of less than 30 feet. The property is
described as part of Government Lot 3, Section 16, Township 135, Range 29. The
property address is 7993 Interlachen Rd. The property is zoned Neighborhood
Commercial.
The following documents became part of the record – Notice of mailing, notice of
publication, notice of public hearing, signed application and attachments and
staff reports. LeAnn from Causeway was at the site visit and followed up with a
phone call to Teri with no objections.
The Engineer’s memo indicated the following: Construction of the garage at the
6" set back will require excavation onto the adjacent property. Tree roots will
also be cut and while the trees may remain the stressed condition may cause the
trees to die off in the future. The agreement between the property owners
should address tree removal that will be required for a distance of 6 to 8 feet
onto the adjacent property.
Storm water runoff currently runs off the adjacent property onto the Peterson
property and then out to County 77 ditches. The new garage structure will
create a small dam and storm water will need to be directed around the new
structure. The agreement should allow some shaping of contours on the adjacent
property to properly divert water around the new structure and not run up
against the back wall. Gutters on the new structure would also help in managing
storm water along the sloped grades.
The site plan also notes proposed sign and fence locations along with the
proposed garage location. These items are not mentioned in the application and
are likely left over from some past request.
Eric Peterson came before the commission to explain his project. He said the
garage would not be visible to any of the Causeway units. There are minimal
trees to be removed. The property right behind the garage is dedicated green
space that cannot be developed. Causeway does not object to the property line
setback. Causeway asked Eric to provide a document stating that they would not
be responsible for any water damage due to erosion. The front view siding would
match the home and the back siding would be maintenance free.
Dave Baldwin asked if there would be a soffit. Eric said that it would be flush
with the building. Teri said it is a variance all the way around, with or
without the soffit.
Lee Martin asked about the 15-foot setback from the right of way on county 77,
would there be a problem if the county did any further improvements. Teri said
that it is a 100-foot right of way.
Earl North said there should be a good understanding that there would be
encroachment to the neighboring property during the construction. There should
be a letter on file with the city that there could be considerable drainage to
the garage.
Tom Diemert asked why he didn’t put the garage to the other side of the
property. There are three parking spots on that side. The sewer is on that
side and either side would need a variance.
Teri’s staff report indicated the following: The applicant is requesting a
variance to construct a 30’x34’ garage at a setback of less than 60 feet from
the road right of way from County 77 (Interlachen Road) and a sideyard setback
of less than 30 feet. The property is currently zoned Neighborhood Commercial.
The property currently has a dwelling with an attached garage.
The property is currently .6 of an acre or approximately 26,000 square feet. The
property is in the shape of a triangle which does pose some limitations for
setbacks. The maximum of amount of impervious coverage is 40% for the NC
district. The applicant has provided a survey and with the proposed
improvements the impervious surface is at 28.5%.
The applicant is proposing a setback of 15 feet from the road right of way.
There is a nice buffer of trees from the proposed garage to the highway. The
building will be approximately 50 feet from the actual roadway. The northeast
corner of the garage would be 6” inches from the side lot line. The adjacent
property is owned by Causeway on Gull and is dedicated green space. The
proposed building would not impact further improvements to the Causeway
property. The setback does cause concern of how the garage would be constructed
and possibly maintained. Construction activities will impact the adjacent
property and the applicant should be prepared on how this will be handled. The
City did issue a variance in 2001 for a garage at a setback of 1’ from a
residential property with a dwelling in the area of Harold Lane.
The applicant has stated the western side of the garage will be sided with ˝ log
sided and the three other sides with maintenance free siding with the color
matching the dwelling. The applicant may utilize a metal roof the same color as
the home with a steep pitched roof.
The applicant has looked at alternative locations for the garage on the
property. The septic system is located on the western portion of the lot and
does limit the area but it could be located in this area. A variance from the
side property line may still be needed. The garage if located in this area
would be more visible and possibly have a more visual impact on the property
than the proposed location.
Access into the garage should be adequate with minor modifications to the
existing driveway.
The surrounding property is zoned for commercial use (Causeway on Gull) and is
adjacent to their storage facilities etc. The nearest residential property is
across the street on the corner of County 77 and Miller Lane. The property
across the street has a garage at a setback similar to the Peterson request.
The shape of the property along with the neighborhood commercial setbacks make
it difficult to meet all setbacks for an additional structure. The property is
being utilized as a business and a residence and has proven to be compatible
within the city. The variance for an additional building does not exceed the
impervious coverage limits set by the ordinance and is quite close to the
residential standard for impervious surface. There is not a great deal of
additional property in the city zoned commercial that is available for a
business. The applicant has done a good job of utilizing the property for both
uses.
MOTION BY LEE MARTIN TO APPROVE THE VARIANCE REQUEST BY ERIC PETERSON AT 7993
INTERLACHEN ROAD TO CONSTRUCT A 30’ x 34’ GARAGE AT A SETBACK OF LESS THAN 60
FEET (15 FEET) FROM THE ROAD RIGHT OF WAY FROM COUNTY 77 AND A SIDEYARD SETBACK
OF LESS THAN 30 FEET (6 INCHES). THE VARIANCE IS DUE TO THE UNIQUE
CONFIGURATION OF THE LOT; THE PROPOSED GARAGE WILL NOT ALTER THE ESSENTIAL
CHARACTER OF THE AREA AND IS NOT FOR A LAND USE NOT ALLOWED BY ORDINANCE. ERIC
WILL HAVE THE GARAGE STAKED BY A SURVEYOR BEFORE CONSTRUCTION BEGINS. A LETTER
OF UNDERSTANDING BETWEEN CAUSEWAY AND ERIC PETERSON WILL BE PROVIDED RECOGNIZING
THAT THERE WOULD BE ENCROACHMENT TO THE NEIGHBORING PROPERTY DURING CONSTRUCTION
AND RESTORATION. DICK MILES SECONDED THE MOTION. MOTION PASSED UNANIMOUSLY.
Ordinance Amendment-Rental of homes
– The Lake Shore Planning Commission considered an ordinance amendment that
proposes to regulate rental of residential homes within the city. Earl
indicated that the purpose of the ordinance amendment is the inadvertent
omission of the rental of private homes from the last ordinance revision. Teri
read the changes to the ordinance into record.
Earl North explained the process for public comment regarding the ordinance
amendment of rental of homes in Lake Shore.
Earl recommended for section 8.9.3 the length of stay should be no more than 1
time in a seven-day period. Lee asked if Saturday-to-Saturday would be
considered less than this suggestion. Dave Baldwin asked if a resort would have
to adhere to this language. Teri said that resorts that utilize private homes
such as Grand View Lodge may be impacted but otherwise no impact. Dave wanted
clarification of a long-term lease in section 3.2 subd. 130. Teri said that if
there is enforcement issues after this amendment is adopted the ordinance could
be revised at that time.
Earl suggested that section 8.9.8 the property cannot be rented more than 6
times in a calendar year. Earl asked if there should be a penalty if there is a
failure to register. Teri said that it would fall under any other violations of
the ordinance. The commission agreed that rental of homes would be allowed in
all residential zoning districts.
Dick Miles questioned the registration process. He would like to register them
for the number of people that they are allowed to house. Dick said that as part
of the registration process the owner should remind renters to be considerate
and polite to the neighbors.
Tom Diemert asked about the complaint process. Earl said a police officer would
be sent and absent of any civil disobedience the disagreement would be between
property owners.
Teri read Chris and Suzette Bush’s comments into the record. They would like
the rentals to be no more than one time in a one-month period and no more than
four times per year. They would recommend that the owner of the property
accompany guests at all times.
With no further comments Earl called for a motion.
MOTION BY DAVE BALDWIN TO AMEND THE ORDINANCE DEALING WITH RENTAL OF PROPERTY IN
LAKE SHORE WITH THE SECTION 8-9-3 BEING NO MORE THAN ONE TIME IN A SEVEN DAY
PERIOD. SECTION 8.9.8 BEING NO MORE THAN SIX TIMES PER YEAR AND ALLOWED IN ALL
RESIDENTIAL ZONING DISTRICTS. TOM DIEMERT SECONDED THE MOTION. MOTION PASSED
UNANIMOUSLY.
NEW BUSINESS
Sketch Plan Review
– Ted Matzen would like to purchase property (Tract B, Registered Land Survey
#38) and construct a home and guest home on the peninsula portion of the
property. The property contains 20 plus upland acres. The setback for the
proposed structures is approximately 50 feet where a 150 setback is required.
There is adequate area in the rear of the property for a conforming
dwelling/dwellings; however, there most likely would not be a substantial view
of the lake/wetland area. The size of the home would be 2600 square feet with
an attached garage of 728 square feet (26x28). The guest home would be 1600
square feet with a 576 square foot garage (24x24).
The site plan does not show the location of where a conforming septic system may
be located nor is there any information on soils. It appears there may be room
for a septic; however, this would need to be addressed before a formal
application would be considered.
Hardship for the variance, the applicant would need to identify the hardship for
the location of the home and guest home along with size of the guest home.
The site plans shows a road out to the peninsula, how would this be constructed?
What impacts would the driveway have? How close to OHW (ordinary high water
mark) would the driveway be?
The applicant would need to address access into the property- an easement from
Causeway may needed for the small triangular piece between Lost Lake Road and
the platted right of way.
Ted Matzen and Architect Mark Cross came before the Commission looking for an
idea to create a couple of building sites on the peninsula for a house and a
guesthouse. They would leave the rest of the property undeveloped. A previous
plan submitted was to put condominiums on the site. They are asking for a 50
foot setback rather than the 150 foot setback that is required.
The Engineer’s memo indicated the following: Teri’s staff report asks some very
pertinent questions about the driveway shown on the site plan. This driveway is
over a 1/4 mile in length with 900 to 1000 feet on side slope towards the
wetlands in the shore impact zone. Construction of a driveway out to the
peninsula portion of the property will require 1,000's of cubic yards of
material to be cut and filled to create just a drivable lane. To create an
access road so fire trucks can access the peninsula to provide fire protection
will require certain design parameters be met so crews can safely and properly
respond to an emergency call. An extensive review of road design with erosion
control and drainage plan would be needed to determine if a proper access road
is even feasible for this property given the various site topography and
conditions.
Mark Cross addressed the driveway concerns. He said there is a graded road on a
portion of the property and he agreed that there are some sensitive areas that
need to be crossed to get to the peninsula. Earl asked if a bluff determination
has been done for the property. Mark Cross said that it didn’t appear to be
needed. Earl said that he would have a hard time approving two houses on a
piece of property that can’t support one dwelling.
Tom Diemert asked if there are any other buildable sites on the property. Mark
Cross said not really they are all low-lying areas.
Dick Miles said that the natural environment areas are in place for reasons. He
said it would be hard to justify throwing our rules out and not remain
consistent with the city’s zoning.
Ted Matzen said this is an excellent place to build the house and he wouldn’t
want to disturb the environment. Earl said he is an informed buyer and Ted
understands the issues with the property.
Dave Baldwin asked if there is room for a well and septic on the peninsula.
Teri said that it appears that it could be; however, she doesn’t know the soils.
Lee Martin agrees that he would have a hard time supporting two homes on the
peninsula. Earl said that Ted would have to demonstrate a hardship that would
allow the proposal. Dick Miles asked what the response would be to the city
engineer’s concerns for the driveway. Mark Cross said that it is a driveway and
isn’t sure that it would have to be paved or any wider than the neighbors
driveway that is 12 feet. Mark Cross said that they are looking for a
reasonable use of the property. He said with the right amount of respect the
environmental concerns can be met.
OLD BUSINESS
– There was no old business.
REPORTS
City Engineer
– Mark Hallan was absent.
Chairman
– Earl North said that he appreciates what Doug Miller put into this committee
as the Council Liaison and welcomes Susan as the new liaison.
Council Liaison
– Susan Amacher had nothing to report.
Zoning Administrator
– Teri Hastings had nothing to report.
PUBLIC FORUM
– Dave Baldwin asked if there is anything in the ordinance regarding wind
generator use. Teri said that there are none; however, it has been talked about
at the area planners monthly meetings and she can keep the commission updated if
anything is settled on.
MOTION BY LEE MARTIN TO ADJOURN THE BOARD OF
ADJUSTMENT/PLANNING COMMISSION MEETING OF APRIL 12, 2010 @ 8:15 PM. DICK MILES
SECONDED THE MOTION. MOTION PASSED UNANIMOUSLY.
Transcribed by Patti McDonald
Lake Shore City Clerk
