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HomeMy WebLinkAbout1985-10-16 JPCMinutes of the Joint Powers Committee October, 16, 1965 RICHARD ANDERSON VARIANCE REQUEST MEMbERS__PRES_ENT Ray Senkus, Ann Bodlovick., Harry Peterson, Cathy Buck, Bill Lundquist ST&E_PRESENT Dennis O'Donnell, Douglas Swenson, Rhonda 7hode OTHERS__PRESENT James E i t t er, Tom Keech, Furry Stack, Bob Briggs CALL_TO_AKE Ray Senkus opened the public hearing at 5:3O p.m. Mr. Senkus stated the hearing is a continuation of the Richard Anderson variance request for a variance from the 75' pond setback requirement to construct an addition, and opened the floor for comments. Ann Bodlovick questioned if the addition is existing and the applicant is asking for an after the fact variance or if the applicant is asking for a variance to construct a three season porch prior to � construction. Mr. Senkus stated the porch is, at the present time, substantially constructed. There were no further questions � �r comments. The hearing closed at 5:35 p.m. Minutes of the Joint Powers Committee October 1E, 1985 MEMEiM-2EESENT Ray Senkus, Ann Bodlo wick, Harry Peterson, Cathy Buck, Sill Lundquist STAFF_PRESENT Dennis O'Donnell, Douglas Swenson, Rhonda Thode OTHERS_PRE_SENT James E i t t er, Tom Keech, Barry Stack, Bob Briggs CALL_TO_ORDER Ray Senkus called the business meeting to order at 5:35 p.m APPROVAL_OF_MINUTES Cathy Buck moved to approve the August E1, 1985 minutes as submitted. Ann Bodlovick seconded. Motion carried unanimously. NE_W__BU_SIN_E_SS_ Dennis O'Donnell stated the question came up at the last meeting if there were any solutions to lowering the pond elevation. he contacted the DNR for input as to passible options. Gravity flow, pumping and temporary pumping as needed would be allowed under a permit. Barry_ Stack stated in a discussion with Mr. Stein of the DNR the gravity flow option would not work because Long Lake is 23 higher than the pend, therefore, it would be necessary to have a permanent equalizer pipe with some sort of check valve or trenched in four to six inch polyethylene pipe with a fitting ring where it can be hooked up and pumped as needed. Cathy Buck felt the situation is something a water management organization sho=uld be looking at to evaluate where the water is coming from and where the water is going to and to find a functional and operational solution. Aran Bodlovick felt uncomfortable approwing., an after the fact variance. Ray Senkus stated he could not find a hardship. Cathy Buck stated the Stillwater Town Beard has directed the representatives from Stillwater Township to deny the r=equest. Bill Lundquist moved to deny the request for the following reasons: 1. The applicant has reasonable use of the land. S. No hardship exists. 3. No building permit was applied for. 4. If a variance had been requested prior to construction of the addition, the request probably would have been denied because of the following: joint Powers Committee - Minutes October 16, 1985 Page a. Lack of a hardship. b. Would have required a major variance. c. Granting the variance would set a precedent which would destroy the setback ordinance. 5. If the lake comes up further, this is the only house in the neighborhood potentially harried. The lake level could rise to the point of overflew. There has been 16" of rain since August 10th. 6. inasmuch as the DNR set the high water marl{ it implies that the water has been at this level before; that is, this is a reoccurring phenomenon. 7. To grant the variance would be to increase the value of an already nonconforming home. In general, increasing any nonconforming use is bad. 6. Variances are generally minor adjustments to permit things that are almost totally conforming. The variance requested by the applicant is to eliminate most of the setback requirement. Cathy Buck. seconded. . Motion carried unanimously. lr; hesponse t-� � reason ##6; Mrw Keech stated it has. been over, 200 .years since the water level has been as high as its present level; _GENERAL _DISCUSSION Mr. Keech, who lives on Parkwood Lane, questioned if the road could be graveled. Ray Senkus indicated he would follow through on this item. There was discussion regarding the termination of the Joint Powers Committee. The contract expires January 19, 1965. ADJOURNMENT Motion was Tilade and seconded to adjourn at 5:55 p.m.