Loading...
HomeMy WebLinkAbout1977-11-21 CPC MINPLACE: TIME: DATE: WWRERS PRESENT t STILLWATER PLANNING COMMISSION MINUTES Stillwater Public Library 6:00 P.M. November 21, 1977 Jeffrey Zoller Ann Bodlovick David Knefelkamp Russell Meister Jack Shelton Charleb Swanson CALL TO ORDER Chairman Jeffrey Zoller called the special Planning Commission meeting to order. He stated that the meeting had been called to discuss a recommendation with regard to Case No. 299, a variance request'by Mr. Gene Erickson to construct a home at 1415 Riverview Drive. Mr. Erickson showed the Commissioners the architectural drawing of the house, noting that a 10' 6" variance would be needed. Chairman Zoller gave the Commissioners some background information as to what had transpired with regard to this case at the last meeting. He also showed the Commissioners a copy of a letter from City Attorney Harold Kimmel in regard to this case. Mr. Zoller.pointed out that in 1970 Mr. Simpson was granted a 17' setback which included a height restriction. He stated that there was no record of a variance request by Dr. Kalinoff and no height re- striction was placed on his home at the time it was built. Mr. Kimmel stated that there are two houses on the block which were built after being granted a variance. He had originally understood that both houses had a height restriction, but there definitely was a height restriction set on the second house. Attorney John Rheinberger read the minutes of a City Council meeting in 1970 which dealt with prior variance requests. Attorney Rheinberger felt that a uniform setback had been established since two houses were built with 17' setbacks. He stated that Mr. Erickson would be willing to change his plans and abide by the 17' setback. Attorney Kimmel stated that Mr. Erickson could request a Building Permit using the 17' setback to see if it would be allowed. Attorney Rheinberger pointed out that there were no covenants or restrictions relative to the property when the Ericksons purchased it. Attorney Kimmel stated that when a party asks for a variance, the Council has a right to set restrictions, so if Mr. Erickson requestsa 101' setback, the City may set a height restriction. Special Stillwater Planning Commission Meeting Minutes November 21, 1977 Page Two Attorney Rod Lawson noted that in regard to Dr. Kalinoff's building permit,. none of the neighbors recall receiving notice of a Public Hearing when his home was built. Dr. Kalinoff stated that he had applied for a 17' setback and it was approved by the Planning Commission, but nothing was said about his house plans. Attorney Lawson stated that it would appear it was possible that Dr. Kalinoff was not accurately granted the proper variance because the neighbors weren't notified. Mr. Erickson stated that if he moved the house back, he would obstruct the view down river. He placed the house where there were the least amount of trees, so that they would not have to be removed. He stated that they were willing to go back to 17', but it would be an additional expense for them. Mr. Wendell Beardsley, 1412 Riverview Drive, stated that at the time Mr. Simpson built his home, he could have built a two-story home on one lot with un- limited restrictions. In order to get a variance and adhere to the 15' limitation, he had to design the home longer so he had to use a part of the second lot which he owned, and the same restrictions applied to the second lot. Consequently, he had to use the second lot whichhecould have sold later on. Mr. Beardsley felt that this set a precedent and that the City Council would be laying themselves open to criticism and perhaps a legal lawsuit because they required the restrictions of Mr. Simpson and not in this case. Mr. Beardsley pointed out that Mr. Simpson had made the decision to go along with the restrictions because prior to that time another party had applied to build on that lot, but he was tinned down. 'Mr. Simpson went to all of the neighbors and got their okay before he even applied for a Permit. Mr.,Dielentheis and Mr. Beardsley expressed concern with regard to this case setting a precedent, because there is another vacant lot in front of their residences. Mr. Muehlberg, 1414 N. 1st Street, stated that he has a view between.Mr. Beardsley's and Mr. Kraemer's homes, and if a permit is granted for the construction of a home in that area, it would obstruct his view of the river and he would object. There was some discussion as to what the roof elevation would be in relation to Dr. Kalinoff's home. It was thought that the proposed home would be 23' above the middle of the street, while Dr. Kalinoff's home is about 1V above the street. Attorney Kimmel stated that this is probably an issue of first.instance. He could not recall a case where two variances have established a uniform setback. He pointed out that Mr: Erickson had no prior knowledge of the fact that there were height restrictions set with the variances. Attorney Kimmel felt that this was drawing; a fairly fine legal question in this case. Special Stillwater Planning Commission Meeting Minutes November 21, 1977 Page Three Charles Swanson moved that the Stillwater Planning Commission recommend that a variance of 10' 6" with no height restriction be granted to Mr. Gene Erickson to build a home at 1415 Riverview Drive, according to the specific plan presented at this meeting. No height restriction will be made because of the fact that it has not been established whose view will be obstructed after the home has been built. It is further recommended that all utilities be underground. The motion was seconded and passed, with one opposition by Jeffrey Zoller. ADJOURNMENT The meeting was adjourned at 7:00 P.M.