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Carver County Board of Adjustment March 2009

Carver County Board of Adjustment March 2009

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Board of Adjustment Minutes March 4, 2009
1
CARVER COUNTY BOARD OF ADJUSTMENTRegular Meeting
 – 
March 4, 2009Minutes
 Members Present: Ken Essig, Tom Radde, Bob DeMaris, Frank Mendez, Si Tesch, RichardVogel, Lothar Wolter, Jr.Members Absent: NoneMembers Late: NoneStaff Present: Steve Just, Jason Kuboushek, Amanda SchwabePursuant to due call and published notice thereof, the March 4, 2009, meeting of the CarverCounty Board of Adjustment was called to order by Steve Just at 7:00 p.m.The first order of business was the organization of the Board of Adjustment and the election of Chair.
Election of Chair
 
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Just called for nominations for the office of Chair. Wolter made anomination for Ken Essig as chair. Radde seconded that nomination. Just called for any othernominations. Seeing none, a motion was made by Tesch and seconded by Radde to closenominations and cast a unanimous ballot for Ken Essig as Chair. All voted aye. Motion carried.
Election of Vice-Chair
 
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Chairman Essig called for nominations for the office of Vice-Chair.Essig made a nomination for Radde Vice-Chair. Mendez seconded that nomination. ChairmanEssig called for any other nominations. Seeing none, nominations were closed and a unanimousballot was cast for Tom Radde as Vice-Chair. All voted aye. Motion carried.
Appointment of Secretary
 
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Chairman Essig called for appointment for the office of secretary.Radde moved, seconded by DeMaris to appoint the Land Management Department as secretaryfor the Board of Adjustment. All voted aye. Motion carried.
Rules of Procedure
 
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A motion was made by Radde and seconded by Wolter to approve therecently amended Rules of Procedure of the Board of Adjustment. All voted aye. Motioncarried.
Minutes
 
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A motion was made by Radde and seconded by Tesch to approve the minutes of theDecember 3, 2008, meeting. All voted aye. Motion carried.
File #20070057
 – 
L. G. Everist
 
 – 
Just stated that this item has been on hold for about a yearbecause of the pending EAW. He explained that any action taken on this request would triggerpublication again and notices sent and he asked the board for a motion to allow staff to remove itfrom the agenda.A motion was made by Radde and seconded by DeMaris to remove the agenda item until further
 
Board of Adjustment Minutes March 4, 2009
2
action. All voted aye. Motion carried.
Public Hearing - File # 20090001
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Bruce Schwichtenberg
 
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Chairman Essig called thecontinued public hearing to order at 7:05 p.m. to consider the application of BruceSchwichtenberg pursuant to Chapter 152 of the County Code. The purpose of the public hearingwas to consider a request for a home occupation pursuant to Chapter 152 of the County Code.The property is located in Section 1 of Dahlgren TownshipThe following were present: Bruce Schwichtenberg, Darlene Schwichtenberg, Randy Worm,Barb Werner, Gene Miller, Jim WolterThe following items were entered into the hearing record:Exhibit A - Legal DescriptionExhibit B - Affidavit of Publication of the Hearing NoticeExhibit C - Affidavit of Mailing of the Hearing NoticeExhibit D
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Site PlanExhibit E - Letter from the Applicant dated February 19, 2009Exhibit F
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Letter and attachments to the Board of Adjustment and Dahlgren Township datedFebruary 25, 2009Exhibit G
 – 
All other items in this fileJust reviewed the issues surrounding the request, noting that Mr. Schwichtenberg has beenoperating an auto repair business in the detached structure at this location for a number of yearsalready. He noted that this type of business would normally fall under a conditional use permit,however, the size of this parcel does not meet the requirements for those standards. Just statedthat if the variance is approved, the applicant would not need a conditional use permit. Justnoted the requirement of a building permit for the change of use of the building.Mr. Schwichtenberg stated he has been operating his business at this location for a while. He hadbeen talking to another person about partnering their businesses, but that situation dragged on fora couple of years and nothing materialized. He stated that he has been using the building as isand has not made any alterations to it. He asked for some directive on the sign requirement. Hestated that he has a number of cars each day that miss a turn and use his driveway for turningaround and back onto the road.Essig asked the applicant if he had talked to the County about any requirements prior to startinghis business at this site.
Mr. Schwichtenberg stated that he figured because he wasn’t building a shop or changing
anything in this building that there would not be any other requirements for him. He stated thatthey moved to the property in February of 2007.Essig asked staff if this would be an issue if the repairs were being done in the attached garagerather than the detached structure.
 
Board of Adjustment Minutes March 4, 2009
3
Just replied that ordinance language states the repairs should be of a nature that could occur inthe home, and the home and attached garage have been considered one unit. It would need tomeet all building codes for health, safety and welfare purposes, also.Mr. Schwichtenberg stated that most of the traffic that comes to his place will turn around in theyard and drive out of the driveway. Most of the deliveries that are made to his site are done withsmall pick-up trucks which also drive out and do not back onto the road.Gene Miller, Dahlgren Township, stated that the township has no objection to the request since itis just a one-man operation and they would recommend approval of the request.Barb Werner, 11750 Guernsey Ave, a neighbor to this property, stated that she feels that thisproperty is always neat and clean and there is no problem with him conducting the business, soshe would also ask that the board recommend approval of the request.Randy Worm, 5135 Kreekwood Rd, stated that he also lives in the neighborhood and sees noproblem with the business and would like to see it approved.Darlene Schwichtenberg, 5250 Co Rd 50, said that she has spoken to the commissioners aboutpossibly installing a light at the intersection of Guernsey and Co Rd 50 to better indicate wherethe intersection lies. She stated that during road construction, they had a number of cars use theirdriveway and backed out onto Co Rd 50 because they had missed their turn. She asked abouttheir liability if something were to happen because of a vehicle backing out onto the road even if they had placed a noticeable sign addressing that issue.Mr. Essig and the board were not to able to offer legal advice on the issues of liability, but statedthat the intent of the sign was to deter his own customers and deliveries from making that move.It is understood that one cannot control the general public from using the driveway if they havemissed a turn.Kuboushek stated this was correct. Certainly it was not up to the Schwichtenbergs to directtraffic in the neighborhood. The sign would be related to the business vehicles and trafficgenerated on the site by the business.Radde asked about the statement in the staff analysis concerning enforcement action in DistrictCourt.Kuboushek addressed that issue explaining that the County has been working with theSchwichtenbergs for a period of time to bring the business operation into compliance.Mendez noted a conflict with the site plan and the language of condition number 4. He statedthat if the shop was 85 feet from the centerline of Co Rd 140, it would be impossible to havecustomer vehicles parked south of the shop and still meet the 85-foot requirement.Just referred to some additional details on the site plan on page 3-9 of the packet and noted that if the area south of the shop was left available, it might make it easier for vehicles to turn around on

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