Mayor Scott Wallace called the City Council meeting to order at 6:00 p.m. November 12, 2024, with the Pledge of Allegiance. Council present: Zeb Baumann, Emily Krage, Cody Mathers, and Steve Westby. Staff present: Michelle Quinn, Randy Thesing, Josh Hongerholt, and Brett Hurley. A list of public members present is on file.
Variance 202 Kilborn Street: Motion by Baumann, seconded by Krage and unanimously carried to deny the variance application of Brian and Lisa Jerviss.
RESOLUTION NO. 2024-22
ADOPTING FINDINGS OF FACT AND REASONS FOR DENIAL
FOR VARIANCE APPLICATION OF BRIAN AND LISA JERVISS
202 KILBORN STREET
FACTS
1.Brian and Lisa Jerviss are the owners of a parcel of land located at 202 Kilborn
Street, Houston, Minnesota; and,
2.The subject property is legally described as found in variance application; and,
3.The owner has applied to the City for a variance to install 48-foot x 80-foot garage with a 16-foot overhead door; and,
4.The proposal would vary from City Code § 151.04 and Ordinance 219, exceeding the cumulative garage maximum by 3,068 square feet.
5.Following a public hearing held on November 4, 2024, the Houston Planning Commission recommended denial of the variance.
6.On November 12, 2024, the City Council of the City of Houston reviewed the requested variance.
APPLICABLE LAW
7.Minnesota Statutes Section 462.357, sub. 6 provides:
a.Variances shall only be permitted when they are in harmony with the
general purposes and intent of the city code and when the variances are
consistent with the comprehensive plan.
b.Variances may be granted when the applicant for the variance establishes that
there are practical difficulties in complying with the zoning code. “Practical
Difficulties” as used in connection with the granting of a variance, means that the
property owner proposes to use the property in a reasonable manner not
permitted by the zoning code; the plight of the landowner is due to
circumstances unique to the property not created by the landowner; and the
variance, if granted, will not alter the essential character of the locality.
Note: Economic considerations alone do not constitute practical difficulties.
The board or governing body may impose conditions in the granting of
variances. A condition must be directly related to and must bear a rough
proportionality to the impact created by the variance.
8.The City Code allows variances if the applicant meets the criteria as stated in
section §151.57.
CONCLUSIONS OF LAW
9.The requested variance is not in harmony with the purposes and intent of the city
code because code clearly limits the cumulative garage space and granting a
variance which exceeds the established maximums by nearly 3 times goes against the purpose and intent of the code.
10. The property owner does propose to use the property in a reasonable manner
because the project is to provide for personal use, enjoyment, and storage of
personal property.
11. There are unique circumstances to the property not created by the landowner
because the lot is flat, open, and undeveloped.
12.The variance will not maintain the essential character of the locality because
while there are multi-unit single car garages nearby, they service multi-unit housing
structures, there are no residential detached garages in the sub-division. The
proposed size would make the structure an outlier across the residentially zoned
areas of the city.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Houston, Minnesota, that the application to issue a variance to allow the construction of the detached garage recommended by the Planning Commission, so as to deviate from City Code §151.04 and Ordinance 219 is hereby denied.
Personnel Items:
Fire Chief and Assistant Chief Appointments:
Motion by Mathers, seconded by Westby to re-appoint Steve Skifton to a two-year term as Fire Chief to expire December 31, 2026. Motion carried unanimously.
Assistant Chief: On the recommendation of the interview panel, motion by Westby, seconded by Baumann to appoint Matt VanGundy to a 2-year term as Assistant Fire Chief to expire December 31, 2026. Motion carried unanimously.
2025 COLA Increase: Motion by Krage, seconded by Mathers to approve a 3% COLA for qualifying staff in 2025. Motion carried unanimously.
Employee Health Benefits:
Motion by Krage, seconded by Westby to approve renewal of the current health benefits plans. Motion carried unanimously.
Personnel Policy Update: Motion by Mathers, seconded by Krage to approve the city/employee dependent care split change from the current 75% city/25% employee to 50%/50% effective for all staff hired after effective date. Motion carried unanimously.
Liquor Licenses: Motion by Mathers, seconded by Baumann to approve the Liquor License for JT’s Corner Bar & Grill LLC and for American Legion 423 as all required items have been received. Motion carried unanimously. The license term is January 1, 2025, expiring December 31, 2025.
Native Seed Collection: Motion by Krage, seconded by Westby, to authorize advertising for sealed bids for native prairie seed collection privileges for a 3-year period expiring with the end of calendar year 2027. Motion carried unanimously.
2025 Meeting Calendar: Motion by Baumann, seconded by Westby to adopt the 2025 meeting calendar as presented. Motion carried unanimously.
Minutes and Bills: Motion by Krage, seconded by Mathers to approve the minutes of October 15, 2024, regular meeting, and bills as presented. Motion carried unanimously.
Items to be Placed on File: Motion by Baumann, seconded by Westby to place on file the following items. Motion carried unanimously.
Library minutes, reports, and statistics
Correspondence from MDH
Adjourn: Motion by Baumann, seconded by Krage to adjourn the meeting at 6:38 p.m. Motion carried unanimously. The next regular meeting of the Council is scheduled for Monday, December 9, 2024.
By: Scott Wallace, Mayor
Attest: Michelle Quinn, Clerk/Administrator
Above proceedings are only a summary. Full text available for public inspection at City Hall as well as the following website: www.houston.govoffice.com
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