The Park Rapids City Council on Jan. 10 pulled up short of denying two variance requests, tabling them instead.
City Administrator Angel Weasner said the city’s planning commission recommended approval of two variances requested by the Headwaters Housing Development Corp. (HHDC) regarding 607 and 615 Middle Ave. S. However, upon reviewing the matter, the city attorney recommended denying the variance, Weasner said.
A staff memo in the council’s agenda packet explains that permits were issued in 2021 to build the two homes with the understanding the developers would meet the required 35-foot setback from the road right-of-way. However, during construction, a contractor incorrectly marked the building site, with the result that the homes and attached garages ending up only 11 and 12.3 feet from the right-of-way.
The HHDC requested an after-the-fact variance, the memo states, which the planning commission was inclined to grant, contingent on the city attorney’s advice. The attorney said it would be difficult to justify granting the variance based on the criteria required to approve variances, the memo states.
Appended to the memo is a resolution including findings of fact supporting denial of the variance. Stated reasons for the denial included concern about setting a precedent that may create difficulty as land in the area develops; the ample room on the lots to build the homes without encroaching on the right-of-way; alteration of the essential character of the neighborhood; and the fact that cost is the HHDC’s primary obstacle to moving the buildings.
The findings of fact conclude, “While there will be significant cost to relocate the structures so as to meet the required setback, this will not outweigh the City’s interest in discouraging landowners from building nonconforming structures and asking for variances afterwards.”
However, Weasner told the city council that the HHDC requested that the matter be tabled until the council’s Feb. 28 meeting. Council member Tim Little made a motion to table it, which passed unanimously.
Next, the council approved a variance requested by Bruce Johnson to allow additional driveway surface in a shoreland overlay district at 340 E. River Dr.
Weasner said the planning commission recommended approval of the variance at their November meeting.
City Planner Ben Oleson, speaking to the council via video conference, explained that Johnson proposed to add driveway surface, bringing the total impervious lot coverage to 27.3%, while the R-1 single-family residential/S-O shoreland overlay zoning only allows up to 25%.
The commission recommended one condition of approval, prohibiting any additional lot coverage in the future, including buildings.
Council member Liz Stone, who sits on the planning commission, said the issue arose from a sewer and water setback that infringed on Johnson’s property, limiting what he could do with it.
“Based on the position of the driveway and the distance from the driveway to the shoreland, it’s highly unlikely that there would be any concern” about rainwater runoff, Stone said.
Stone made a motion to approve the variance, which passed unanimously.
