HomeMy WebLinkAbout1995-11-08-Board of Adjustment MinutesMinutes of the Board of Adjustments
RE:Marcia Knaack -Lot 844 Midwest Mobile Home Park
November 8,1995
The Board discussed the various maps.
The meeting was called to order at 6:30 by Chairman McAtee.Present McAtee,McCoige,White.
Mr.Perry stated that they wanted to have a chance to respond to Mr.Rueckel's comments to their
information.They wanted to make sure they established a record in case they decided to appeal the
Board's decision.
Mr.Perry stated he was appealing the January 19th letter.
The Board discussed how the homes are set on the sewer stumps.
Folder 1 -The Board stated they do have the right to overrule the Administrative Officer.Motion by
McCoige,2nd by White.Ayes:McCoige,White,McAtee.Nays:None.
Folder 2 -Motion that the Ordinance Paul Huscher produced on July 10,1995 was the one that was
in effect and the one the City is using now.Motion by McCoige,2nd by White.Ayes:McCoige,
White,McAtee.Nays:None.
Upon further discussion,McCoige moved that the Mobile Home Park does allow garages to be built
because of the language referencing parking facilities.Ayes.McCoige,McAtee.Nays:White
Folder 3.Motion by McCoige,2nd by White that the Mobile Home Park is a residential district.
Ayes:McCoige,White,McAtee.Nays:None.
Folder 4.Is the Mobile Home Park allowed to have garages?The section of accessory structures in
section R-6 does not mention that garages are allowed.McAtee asked Ms.Knaack if she wanted
the garage to be declared to be illegal.Mr.Perry responded yes.
Mr Perry stated that the motion did not pass because it did not have three votes because state
regulations require three votes.The Board decided that because it did not get three votes,the Board
made no decision.
Ms.Knaack described how she believed that the lot was 95 feet long which would put her garage
over the rear lot line as measured from the street.Mr.Ruecke1 explained how he thought the lot was
actually 102 feet long and that she did not encroach into the rear lot line.Mr.Perry stated that her
Folder 5 -Mobile Home Park boundaries.Mr.Perry gave a history of how the Park and lots were
set up and measured.
The Board discussed the property line between the Mobile Home Park and Windfie1d II.Mr.Perry
reviewed various maps and explained what was wrong with some of the maps,and how they were
valueless.He also stated how these all affect her garage.
garage was three feet over the utility easement and that it was "illegal."Ms.Knaack also stated that
there was no 8 foot rear yard line.The Board felt that they did not feel comfortable making a
decision at this time because of the lack of a good survey.
Folder 6 -lot lines.There was various discussions about how to determine lot lines.Mr.McCoige
asked how could the be lots defined in R-6,but no lots per say?.MI.Rueckel noted the letter from
Veenstra and Kimm referencing lot lines.Because the application for the appeal and the public
notice never addressed lot lines,the Board felt they could not rule on this issue.They stated that
the issues in folders 4-9 were not addressed in the notice for appeal.Mr.Perry stated that they did
not have to.
White motioned that the permit should never have been issued based upon the permit and the
problems with the lot lines,2nd by McCoige.Ayes:White,McCoige,McAtee.Nays.None.
The Board and the parties discussed delaying the meeting to get more information.Mr.Perry
protested that the Board was considering delaying the meeting and wanted on the record why.He
stated that if they were going to do that they would take the decision right to the district court.
Mr.McCoige and Ms.White wanted on the record that they have thought the Board has progressed
and that they wanted more information to make their decision.The Board stated that they needed to
get a survey in order to be able to make their decision.There was further discussion on the
surveys.
Mr.Rueckel suggested that the Board recess the meeting to get the survey and that if Ms.Knaack
wanted to appeal the things that were not in the original notice that she file another notice and that
would be a second separate hearing.
Mr.Perry continued to appeal that the Board would not hear the issue oflot lines.Mr.McCoige
reiterated that if they wanted to discuss it needed to be put it in the notice.
Mr.Perry complained that they were being ganged up on.MI.Perry also accused the Board of
having made their decisions behind closed doors.
After continued discussion,Mr.McAtee stated on the record that the Board had been meeting for
four hoursand that practically nothing was accomplished.
MI.McCoige went on record that he took offense to Mr.Perry's accusations.
After a very lengthy discussion about the rear lot lines,the property lines,the previous survey's and
other issues,motion by McCoige,2nd by White,to have a survey to measure all the distances from
the front to the back to determine the length of the lot,the distances between the structures,to have
it drawn to scale.etc.Ayes:McCoige,White,McAtee.Nays:None.
Motion to recess until the survey is done to discuss the survey issue,and possibly the issue in folder
four,folder 11 and whether or not the Mobile Home Park was allowed to have garages by McCoige,
2nd by McAtee.Ayes:McCoige,McAtee,White.
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