CCP 05-11-1992 - Laserfiche WebLink

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.. . MINUI'FS OF 'IRE ARDEN HILLS PIANNING <XMITSSION MEEI'ING WED~Y, MAY 6, 1992, 7:00 P.M. - CITY HALL ZONINGORD. Plarming Conunission Members discussed the AMENI>>lENTS proposed zoning Ordinance Amendments between 7:00 and 7:30 p.m. CALL TO ORDER Chair Probst called the meeting to order at 7:30 p.m. ROLL CALL Present: Chair Dennis Probst, Members Raymorrl M::Graw, Barbara piotrowski and steve Erickson. Absent: Members Dave Carlson, Jeanne winiecki, Scott Petersen and eouncil Liaison 'Ihamas Mahowald. Also present: plarmer JOM Bergly, Building Inspector David Kriesel and Acting Clerk Administrator Catherine Iago. APPROVE M::Graw moved, secorrled by Piotrowski, to approve the MINUI'ES April 1, 1992 Plarming Minutes as sul:Knitted. All voted in favor. (4-0) CASE #92-05; Plarmer Bergly reviewed his report dated 5-6-92, REQ. VARIANCE, relating to the variance request to allow an 1173 KARIH lAKE en=oachment on a City utility and drainage easement, DRIVE, U\RSON 1173 :Karth Lake Drive, Clay Larson. Bergly explained an existing s=een porch which attaches to the Larson property . en=oaches on the utility/drainage easement. He advised the en=oachment is approximately 6.5 feet and results in the porch being located only 3.5 feet from the watennain aligrunent. Bergly stated the city Code restricts any building placement within an easement. He advised the applicant is also requesting that the city consider vacating the portion of the easement occupied by the structure in order to secure title insurance for the residence. The Planner reviewed the background of the construction of the harne and explained that when the building pennit was issued for the harne, the original plans did not indicate any portion of the house encroached on the easement. He further stated that the building plans did not show a deck that was constructed on the east side of the house. Bergly explained that a subseqUent building pennit was issued for construction of the porch over the existing deck. The en=oachment was not discovered until the closing for purchase of the property and the owner was advised he carmot clear the title to obtain insurance due to the encroachment. Bergly reviewed the findings listed in his report and noted the applicant indicated the 30 foot wide easement on a standard size lot is a unique circumstance that limits his use of the property. He stated this =iteria is often used in variance requests, however, the Il'ajor issue relating to this application is to insure that the city will not be liable for damages to the structure if the easement is needed f= utility Il'aintenance. .