city council

Nancy Edmonds Hanson

The Moorhead City Council has approved a variance to the zoning code in Brentwood Acres, the semi-rural housing development on the north edge of the city, over a neighbor’s objection.

Peter and Laura Woyen received a conditional use permit for the shop building they plan to construct next to their home on 63rd Avenue North. It will be used, they said, to accommodate their and their children’s hobbies, including restoration of antique cars.

The couple asked for the exception to the area’s zoning classification, RLD-0a (Residential Low Density), to build a so-called “accessory structure” measuring 30 by 50 feet, or 1,500 square feet – 244 square feet larger than the RLD-0a limit.

After approval by the Planning Commission, their application was first considered by the council July 12. It was tabled for a month after a neighbor, Carol Kilsdonk, raised issues about its potential use, its location near her garage and shop, and potential snow drifting and drainage problems.

City planning director Robin Huston reported Monday that she had met with the Kilsdonks to try to resolve their concerns. A list of 12 requirements was attached to the conditional use application, ranging from its size, height and set-back from the property line to the installation of drainage to accommodate snow melt and a provision that its exterior was to be similar to the existing home and garage on the lot. The zoning forbids the facility’s use for either commercial or residential purposes.

In a lengthy letter to the council, including photographs, the Woyens addressed the neighbor’s concerns about property values, potential problems with paint fumes and noise, and damage from run-off. At the meeting, Laura Woyen told the council, “This has been frustrating for us. We feel the statements about our plans are entirely inaccurate. We’re just trying to do something for our family. It’s been very hurtful.”

Council members discussed the nuts and bolts of how and why variances are issued. Huston explained that their vote weighed only two alternatives: Either the council could approve the Woyens’ request to exceed the size limit, the only specific issue in their application – along with the 12 conditions the planning office has added … or they could deny the variance. In that case, however, the family would be able to go ahead without meeting any of the proposed conditions on drainage or other issues, but would have to reduce the size of the structure.

Huston also noted that the zoning agreement through which the Oakport area was annexed to the city permit somewhat larger buildings due to bigger lots. That situation does not, she emphasized, apply to the rest of the city.

City attorney John Shockley pointed out before the council’s vote that Minnesota law requires that any members voting “no” under these circumstances must state, on the record, why they denied the request. “Technically, neighbors’ concerns are not an admissible reason to deny a permit,” he emphasized.

Council member Deb White said, “We want to do what we can to address neighbors’ concerns.” She concluded Huston had done just that.

The council voted unanimously to approve the conditional use permit.