HomeMy WebLinkAbout1996-01-31-Board of Adjustment MinutesBoard of Adjustments Minutes -Lot 844 Midwest Mobile Home Park (Marcia Knaack)
January 31,1996 -Continuation IThemeetingwascalledtoorder(reconvened)at 6:30 P.M.by Chairman McAtee.Present:McAtee,
McCoige,Oxenford,Stone,White.
Chairman McAtee presented the survey that was done by Veenstra and Kimm.
Marcia Knaack-stated she objected to the fact that the survey did not slow all the lot lines as she
requested.She also stated that the drawing measured from the center line.
Herb Perry stated that the surveyor from Veenstra and Kim stated he could not give the location of the
lot lines on these lots with out surveying the entire park.He thought that initial plat would override this
survey.
Mr.Oxenford made a motion to drop this matter on the advise of the City Attorney due to lack of
jurisdiction,second by McAtee.Ayes:Oxenford,McAtee,Stone.Nays:McCoige,White.Motion
passed 3-2.
Motion to adjourn by Oxenford,second by McCoige.Motion passed 5-0.
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Mr.McAtee asked ifthere were any other apparent violations.Mr.Rueckel stated that on the survey it
showed a separation of 5'9"but that the distance was measured from siding to siding,not to the
foundation which would put it over 6'.Mr.Rueckel also restated his previous comments about the
garage taking up more than 30%of the rear yard.
Mr.McAtee asked Mr.Huscher to explain why he thought the Board of Adjustments had no
jurisdiction.Mr.Huscher explained that it had to be brought to the Board of Adjustment by an
aggrieved party.This must be a decision from an Administrative Official that is adverse to the person
that is bringing the appeal.In addition,the difference in the side yard separation it is so minimal,the
court would not concern itself about it.He also stated that since Ms.Knaack requested the garage to
be built,she can request a variance.Finally there is some question if she is the actual owner of the
garage.
Mr.McCoige asked if the City could declare it to be in violation down the road.Mr.Huscher stated
they could and that time would be the time to be heard in front of the Board of Adjustments.
Mr.Huscher asked ifhe could ask the appellant any questions.Mr.McCoige asked if she owns the
garage she responded yes because she paid for it to be build.She stated when she had the garage built
she never saw the permit as Mr.Davis stated he knew the zoning ordinance and would do it.
Mr.Perry stated she did not have an attorney,and it was not fair to be cross examined without an
attorney present.
Mr.Huscher asked if the garage was meant to be permanent.Mr.Perry reiterated that all the
documentation has already been submitted and that there was eight hours of tape.
Mr.Knaack stated that they could not solicit information from anyone but the zoning administrator.
Mr.Huscher wanted on the record that she refused to answer any of his questions.He also stated that
the Board needs to make sure who owns the garage.