1998 09 26CHANHASSEN BOARD OF
ADJUSTMENTS AND APPPEALS
REGULAR MEETING
SEPTEMBER 29, 1998
Chairperson Johnson called the meeting to order at 6:00 p.m.
MEMBERS PRESENT: Willard Johnson, Steven Berquist and Mark Senn
STAFF PRESENT: Cynthia Kirchoff, Planner I
A REQUEST FOR 28 FOOT VARIANCE FROM 75 FOOT SHORELAND SETBACK
FOR THE RECONSTRUCTION AND EXPANSION OF A DECK, TOM & MARY
ALLENBURG, 6621 MINNEWASHTA PKWY.
Cynthia Kirchoff presented the staff report on this item.
Tom Allenburg stated that they would like to replace the deck to make it more moderu.
Berquist moved, Senn seconded the motion to approve a 28 foot variance from the 75 foot
shoreland setback for the reconstruction and expansion of a deck. All voted in favor and the
motion carried.
A REQUEST FOR A 2 FOOT VARIANCE FROM THE 30 FOOT FRONT YARD
SETBACK FOR THE LOCATION OF AN ABOVE-GROUND POOL, D. BENNETT &
SONS, INC. (APPLICANT) AND KEVIN & LISA OLSON (OWNERS), 1520 HERON
DRIVE
Kirchoff presented the staff report on this item.
Senn questioned if an above-ground pool is defined as a structure.
Kirchoff read the definition of a structure in the zoning ordinance.
Brian Borash stated that the property owner contacted the City prior to the pool installation and
was told that the setback was measured from the curb not the property line. Mr. Borash
explained that the pool can be relocated, however, the landscaping surrounding the pool was
$2,400.00.
Berquist asked if it is 28 feet to the pool wall or to the buttresses.
Borash stated that he measured 40 feet from the pool to the curb and that the inspectors record
was incorrect.
Berquist asked if staff would have given an incorrect setback to the property owner.
Board of Adjustments and Appeals Meeting Minutes
September 29, 1998
Page 2
Kirchoff responded that all of the setback calls get transferred to the planning department and
that the planners know how to measure a setback.
Berquist asked if the pool was installed without a permit.
Borash stated that he did not have time to pick-up the permit so the property owner called for the
correct setback.
Berquist stated that there were notations on the permit that the setback is measured from the
property line.
Borash stated that the property line changed.
Senn asked how other communities treat above-ground pools.
Borash stated that most do not require a permit and that he does not have any problems.
Berquist asked if the city notified the neighbors.
Kirchoff responded that all property owners within 500 feet were notified.
Senn asked if the owner would mind installing lattice around the bottom of the pool.
Kevin Olson asked if it would be along Bittern Court.
Senn responded that it would screen the pool from the neighbors.
Berquist moved, Senn seconded the motion to approve a 2 foot variance from the 30 foot front
yard setback for the placement of an above-ground pool with the following condition:
1. The applicant shall screen the bottom of the pool.
All voted in favor and the motion carried.
Johnson moved, Berquist seconded the motion to close the public hearing.
APPROVAL OF MINUTES: Berquist moved, Johnson seconded the motion to approve the
minutes of the Board of Adjustments and Appeals Meeting dated September 1, 1998. Senn
abstained from the vote and the motion carried.
Board of Adjustments and Appeals Meeting Minutes
September 29, 1998
Page 3
Johnson moved, Senn seconded the motion to adjourn.
The meeting was adjourned at 6:20 p.m.
Prepared and Submitted by Cynthia Kirchoff
Plmmer I