HomeMy WebLinkAbout 7A 3800 Green Heights Trail Variance Appeal CC Presentation3800 Green Heights Trail
Appeal of the Board of Adjustment Decision –Variance
May 20, 2019
City Council
Application Process
•March 1, 2019 –City Staff received an application for variance requests at 3800
Green Heights Trail SW
•March 25, 2019 –Planning Commission (acting as the Board of Adjustment) held
a public hearing regarding the variance requests, deliberated on the requests,
and voted to deny the variances requested; instructed City Staff to prepare a
resolution of denial for the variances
•April 22, 2019 –Planning Commission reviewed the resolution of denial and
voted to approve the denial resolution
•April 26 ,2019 –Applicant, Scott Thielen, submitted an appeal of the Planning
Commission’s decision to deny the variances
•May 20, 2019 –A hearing scheduled for the City Council to review the appeal
Location Map
Site Details
•Property Size: 12,400 sq. ft., 100 feet
wide
•2030 Comprehensive Plan:R-LD
(Urban Low Density Residential)
•Zoning: R-1 (Low Density Residential)
Shoreland District
Building Plans (Conceptual)
Green Heights Plat (1928)
Site Survey
Lot Area
12,400 sq. ft.
(36.9% imp. surface)
Waterfront Area
3,870 sq. ft.
Total Area
16,270 sq. ft.
(28.1% imp. surface)
Waterfront Area
•Current City policy is to treat all designated waterfront areas as common area
unless a court order or written agreement declares differently
•Green Heights Subdivision was created in 1928 with a designated waterfront to
the owners within the plat.
•In 1999 a court order (File No. C-97-14128) found that while the waterfront area
was indeed common area for the owners of the plat, a “Declaration of Rights”
relating to the waterfront area was incorporated into the court order which
stipulated that the lakeshore lot owners would have exclusive rights to install
structure/s/docks and the obligation to maintain the waterfront.
•With today’s impervious surface variance the applicant is requesting that the
court order be taken under consideration and the obligation of maintenance of
the waterfront area be deemed as a practical difficulty and/or circumstance
unique to the property.
Variance Criteria
According to Section 1108 of the Zoning Ordinance, the following criteria is used to
evaluate variance requests:
•There are practical difficulties in complying with the strict terms of the Ordinance. “Practical difficulties,” as used in
connection with the granting of a Variance, means the property owner proposes to use the property in a reasonable
manner not permitted by the Zoning Ordinance. Economic considerations alone do not constitute practical
difficulties.
•The granting of the Variance is in harmony with the general purposes and intent of the City Subdivision and Zoning
Ordinances and the Comprehensive Plan.
•The practical difficulty is due to circumstances unique to the property not resulting from actions of the owners of the
property and is not a mere convenience to the property owner and applicant.
•The granting of the variance will not alter the essential character of the neighborhood or be detrimental to the health
and safety of the public welfare.
•The granting of the Variance will not result in allowing any use of the property that is not permitted in the zoning
district where the subject property is located.
Questions / Comments
3800 Green Heights –Appeal
Plats with Waterfront Areas