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5 Approval of Minutes~CHANHASSEN BOARD OF '~ADJUSTMENTS AND APPPEALS ~GULAR MEETING :APRIL 14, 1997 hairman Johnson called the meeting to order at 6:15 p.m. ,.'MEMBERS PRESENT: Willard Johnson, Mayor Nancy Mancino and Steve Berquist ~TAFF PRESENT: Sharmin A1-Jaff, Planner II and Cynthia Kirchoff, Planner I ~ 13.2 FOOT VARIANCE TO THE 30 FOOT REQUIRED BLUFF SETBACK TO ~kLLOW A SINGLE FAMILY RESIDENCE AND DECK TO BE LOCATED 22.5 FT. ~LND 16.8 FT, RESPECTIVELY, FROM THE EDGE OF THE BLUFF, ANDREW AND .~ATHERINE HISCOX. Cynthia Kirchoffpresentcd the staff report. . Chairman Johnson opened the public hearing. I Andrew Hiscox stated that they could not build on this lot because they could not get clear title to the property. He also stated that this is a reasonable use of the land. b fancy Mancino stated that this ordinance was enacted to protect the bluff £rom erosion. /~ndrew Hiscox stated that the storm water that flows into the lake is more environmentally damaging than the proposed house. He stated that the revised proposal is still aesthetically p~easing and that erosion can be controlled through landscaping. V~illard Johnson stated the applicants do not have a hardship. Chte Hiscox stated that they might not have a hardship but they like the house plan and they have compromised with staff. She said that staff's proposal is not acceptable. Andrew Hiscox stated tl'iat staff's proposal still requires a variance. S~ve Berquist stated that he understands the impact that this proposal will have on the existing sg~Ucture. He stated that the bluff will be protected by the four conditions of approval r '~ommended by staff. A'adrew Hiscox stated the proposed residence has been shifted to the 30 foot front yard setback. B*rquist asked if the 958 contour line protects the bluff. Sharmin A1-Jaff stated that it does. . BCrquist asked how the 30 foot setback was determined. A1-Jaff stated that this number was established by the Minnesota Department of Natural Resources. Board of Adjustment and Appeals Meeting Minutes March 10, 1997 Page 2 Mancino stated that she has concerns with the bluff condition during construction. Berquist stated that loading and grading will be uphill so bluff damage should be minimal. Andrew Hiscox stated that there will be additional grading because the house will be located further from the bluff. He stated that they do not want to destroy the bluff. Berquist moved, Mancino seconded a motion to approve the 13.2 foot variance from the bluff setback for the construction of a single family home and deck. Johnson opposed. The motion failed with a vote of 2 to 1 (unanimous vote necessary). Al-Jarl stated that the applicant could appeal this decision to the City Council. APPROVAL OF MINUTES: Berquist moved, Johnson seconded to approve the minutes of the Board of Adjustments and Appeals dated March 10, 1997. Johnson and Berquist voted in favor, Mancino abstained. Chairman Johnson closed the public hearing. Berquist moved, Johnson seconded to adjourn the meeting. All voted in favor and the motion carried. The meeting was adjourned at 6:45 p.m. Prepared and Submitted by Cynthia Kirchoff Planner I