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Minutes June 13, 2017

WABASHA COUNTY BOARD OF ADJUSTMENT MEETING - June 13, 2017


Minutes


1. Chair Robert Walkes called the meeting to order at 7:05 p.m. Other members present were Gayle Gillespie, Mike Wallerich, and Ken Jacob.

2. Motion by Gillespie/Jacob to approve the agenda as presented. Motion carried.

3. Motion by Wallerich/Jacob to approve the minutes of the May 9, 2017 meeting. Motion carried.

4. Motion by Jacob/Gillespie to open the public hearing for the application submitted by Derek and Dana Johnson requesting an after-the-fact variance from Chapter 394.36, Subd. 4 Minn. Stats., Chapter 13.07(2) of the Wabasha County Zoning Ordinance, and Article 14, Section 4 of the Wabasha County Zoning Ordinance to allow for a deck which will be located approximately 35’ to the water and located in a designated floodway. The property on which the variances are being requested is described as parcel R17.00347.00 located in Section 34, Township 109 North, Range 14 West, Town of Zumbro. Motion carried.

5. Motion by Gillespie/Jacob to close the public hearing. Motion carried.

6. Motion by Gillespie/Wallerich to move to the findings. Motion carried.

7. Motion by Jacob/Wallerich to deny the variance request based upon six findings of fact. Motion carried. The six findings of fact to deny the variance are as follows:

•The variance, if approved, would permit a structure that is not a permissible use in the floodway district. Use variance cannot be granted.

•The deck violates the minimum standards of the State’s floodplain regulations.

•The plight of the landowner is created by the landowner.

•The variance, if granted, has the potential to impact the public health, safety, and welfare of the citizens of Wabasha County by placing a structure in a floodway.

•A letter of position was submitted by Ceil Strauss from the MN DNR stating that the variance request should be denied.

•The variance, if approved, would violate Chapter 6120.6100 Mn Rules and provide a lesser degree of flood protection.

8. Motion by Gillespie/Jacob to open the public hearing for the application submitted by Theodore and Michele Passe requesting a variance from Chapter 13.07(3) of the Wabasha County Zoning Ordinance to allow for the construction of a pool less than 75’ to the ordinary water level of Pool 4. The property on which the variance is being requested is described as parcel R05.00739.00 located in Section 2, Township 110 North, Range 10 West, Town of Greenfield. Motion carried.

9. Motion by Gillespie/Wallerich to close the public hearing and to move to the findings. Motion carried.

10. Motion by Gillespie/Jacob to deny the variance request based upon one finding of fact. Motion carried. The one finding of fact to deny the variance is as follows:

•The plight of the landowner is created by the landowner and not due to unique circumstances to the property.

11. Discussion about the fact that there will be a July meeting.

12. Motion by Jacob/Gillespie to adjourn at 8:16 p.m. Motion carried.

Agenda for this meeting Agenda for this meeting

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