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Variance Board Meeting
<br />Minutes – Wednesday, November 5, 2014
<br />Page 2
<br />At the request of Member Murphy, Mr. Biggs reviewed the logistics in getting the boat in and out
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<br />of the future structure via a rail system.
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<br />Member Cunningham questioned Mr. Biggs’ options if the Variance Board approved some portion
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<br />of the variance requests, but not the intended size, and how he would resolve the extra storage
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<br />needed.
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<br />Mr. Biggs responded that the current structure is of the right size for his family’s water-related
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<br />equipment in that space, thus their intention to keep it roughly the same size. If the approval
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<br />indicated a smaller size, Mr. Biggs responded that they would need to leave some items out of
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<br />the storage shed, or carry it further up to their home and/or garage, which would not be practical.
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<br />Mr. Biggs clarified that the intended new structure will be somewhat smaller than the existing
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<br />structure, and located in an area that should prove healthier for the shoreline. However, Mr. Biggs
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<br />advised that all of the storage available in the new structure would be needed.
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<br />Member Cunningham stated that she was struggling with the potential to set a precedent, even
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<br />though she recognized the applicant’s intent to preserve the mature tree and shoreline; however,
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<br />in seeking an expanded size for the structure beyond current ordinance, she was not entirely
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<br />comfortable approving the request. Member Cunningham asked Mr. Paschke if the City’s
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<br />ordinance was outdated, as suggested in his staff report.
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<br />Mr. Paschke advised, that from his perspective in the City’s Planning Division for fifteen years,
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<br />and with the current ordinance dating back to 1979, and based on the original DNR ordinance
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<br />model recommended for municipal code at that time, he did consider it currently out-of-date given
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<br />how things and times have changed since that time.
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<br />From the standpoint of the boathouse itself, Mr. Paschke advised that from staff’s perspective,
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<br />such structures today housed many things other than boats (e.g. jet skis, paddle wheel boats,
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<br />and other water-related equipment). Basically, Mr. Paschke noted that the structure was intended
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<br />as an accessory storage structure, and by doing so, their lot would be kept tidy, avoiding other
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<br />problematic situations in the yard and in the neighborhood. Even though the proposed structure is
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<br />somewhat larger than current City Code allows, Mr. Paschke opined that the users of the
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<br />equipment would need space to maneuver things within the storage area.
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<br />Member Cunningham stated that her concern was based less on this particular request requiring
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<br />approval by the Variance Board versus whether the current ordinance needed to be changed;
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<br />and if that was the case, she was supportive of making necessary changes.
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<br />Mr. Paschke reviewed the history of the current DNR-modeled ordinance, which during Governor
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<br />Pawlenty’s administration was recommended for revisions, but with those original revisions not
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<br />approved, and returned to the DNR for additional revisions. However, then Governor Dayton was
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<br />elected, with different elements, and therefore, the DNR has yet to finalize the final model
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<br />ordinance to present for their approval. When that occurs, Mr. Paschke advised that the City
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<br />could then update their ordinance based on that new model and its various nuances the DNR
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<br />prefers applicable municipalities to incorporate into their community ordinances. Mr. Paschke
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<br />noted that the City could proceed prior to that DNR model, but opined that he would prefer to
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<br />await their model and feedback as a guide in drafting the City’s revised ordinance.
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<br />Member Cunningham questioned, if the City didn’t wait for DNR-modeled language, would staff
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<br />recommend increasing the size for a boathouse structure as one of the elements of that revised
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<br />ordinance.
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<br />Mr. Paschke advised that his recommendation would be to provide less specificity, and call it an
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<br />accessory structure, no matter its use; while taking into consideration average lakeshore
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<br />properties and good placement standards for such structures, which may or may not increase
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<br />their size, but be of such a flexible nature on a case-by-case basis, that a variance process would
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<br />not be required. Mr. Paschke clarified that the code considered many other elements as well,
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<br />including protection of slopes, location of homes, topography, and protection of adjacent wetland
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<br />areas. Mr. Paschke noted that many details required for consideration of placement of such
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<br />accessory structures; and suggested that any revised ordinance would also compare other
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<br />municipalities and their ordinance revisions over the last seven years. Mr. Paschke noted that
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