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Minutes June 14, 2016

WABASHA COUNTY BOARD OF ADJUSTMENT MEETING - JUNE 14, 2016


Minutes

1. The meeting was called to order at 7:00 p.m. by Chair Robert Walkes. Other members present were Ken Jacob, Mike Wallerich, Jon Beckman, and Gayle Gillespie.

2. Motion by Beckman/Wallerich to approve the agenda as presented. Motion carried.

3. Motion by Gillespie/Jacob to approve the minutes of the May 10, 2016 meeting. Motion carried.

4. Public Hearing:

• Application submitted by AT&T Mobility requesting a variance from Chapter 10.04(10)(b) of the Wabasha County Zoning Ordinance to allow for the use of a portable cell-on-wheels for 120 days. The property on which the request is being made is described as parcel R16.00218.00 located in Section 28, Township 110 North, Range 12 West, Town of West Albany.

5. Motion by Beckman/Gillespie to close the public hearing and to move to the findings. Motion carried.

6. Motion by Gillespie/Beckman to deny the AT&T variance request based upon three factors. Motion carried. The reasons for denial are as follows:

• The request is not in harmony with the purpose and intent of the Ordinance or Comprehensive Plan regarding bluff land area. Specifically, it is in conflict with the Ordinance that this request has been made for several years without any meaningful attempt at resolution of the situation by the applicant.

• The plight of the land owner is created by the land owner (applicant) and not due to circumstances unique to the property. The plight of the landowner (applicant) has been created by the landowner (applicant) by not requiring the cell tower to be built and when built by not outfitting the cell tower to make it operational.

• The request is not based upon various factors but is caused by economic conditions. The landowner (applicant) has not shown good faith in getting the tower built and subsequently outfitting the tower to make it operational. Apparently, the year around market revenue for use of this cell tower is viewed as not sufficient by the landowner (applicant) to justify the cost. Instead, each year the landowner (applicant) has reverted to use of the Communication on Wheels for the summer needs at the site.

7. Public Hearing:

• Application submitted by Doug and Julie Baska requesting a variance from Chapter 394.36, Subd. 4 Minn. Stats. to allow for the expansion of a nonconforming structure; Chapter 7.06(2) of the Wabasha County Zoning Ordinance to allow for a dwelling to have a sideyard setback of 6’8”; and Article 13, Section 9(5)(A) of the Wabasha County Zoning Ordinance to allow for 35% of a parcel to be of impervious surfaces. The property on which the request is being made is described as parcel 05.00482.00 located in Section 18, Township 110 North, Range 9 West, Town of Greenfield (65022 140th Ave, Wabasha).

8. Motion by Beckman/Wallerich to close the public hearing and to move to the findings. Motion carried.

9. Motion by Jacob/Wallerich to approve the Baska variance request as presented with two conditions. Motion carried. The two conditions are as follows:

• The stormwater run-off from any impervious surface (including any area used as a driveway regardless if it’s lawn) that is in excess of the 25% limit shall be directed to a rain garden or subsurface drainage system. The stormwater system shall be designed by a Minnesota licensed engineer and shall accommodate the stormwater for the 24 hour-2 year return cycle storm event.

• The landowner shall abide by all representations and commitments presented in the application or presented to the Board of Adjustment.

10. No additional business discussed.

11. Motion by Beckman/Jacob to adjourn at 7:41 p.m. Motion carried.

Agenda for this meeting

Video 1 of 1 (Direct)

 

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