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1999 01 12CHANHASSEN BOARD OF ADJUSTMENTS AND APPPEALS REGULAR MEETING JANUARY 12, 1999 Chairperson Johnson called the meeting to order at 6:10 p.m. MEMBERS PRESENT: Willard Johnson, CarOl Watson and Steven Berquist STAFF PRESENT: Cynthia Kirchoff, Planner I A REOUEST FOR A 12,515 SO. FT. VARIANCE FROM THE 20,000 SO. FT. MINIMUM LOT AREA REOUIREMENT FOR RECREATIONAL DEVELOPMENT LAKES, A 12.5 FOOT VARIANCE FROM THE 90 FOOT MINIMUM LOT WIDTH REOUIREMENTa A 14 FOOT VARIANCE FROM THE 30 FOOT FRONT YARD SETBACK REOUIREMENT, A 3 FOOT VARIANCE FROM THE 10 FOOT SIDE YARD SETBACK REOUIREMENT AND A 51 FOOT VARIANCE FROM THE 75 FOOT MINIMUM WIDTH REOUIREMENT FOR RECREATIONAL DEVELOPMENT LAKE LOTS FOR LAKE ACCESS FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME, BOB AND BRINN WlTT, 8572 CARDIFF LANE, SHOREWOOD, (LOT 42, SHORE ACRES). Cynthia Kirchoff presented the staff report on this item. Carol Watson asked if the proposed home has a basement, because it is not shown on the plans. Bob Witt responded that the home does have a basement and that it will be the same footprint as the rest of the home. Watson asked what the height of the home will have to be in order for a full basement to be constructed. She commented that it will have to be a tall home. Mr. Witt stated that the home is significantly under the 35 foot maximum height. He explained that the front elevation is approximately 27 feet and the lake side is just under 35 feet. Mr. Witt stated that they are aware that a walk-out will not be possible, based on a conversation with the engineering department. Watson stated that the engineering department recommended against a walk-out. Mr. Witt explained engineering's concern was that drainage be directed properly and that the driveway grade not exceed 10 percent. Watson stated that she wanted to make certain the applicant understood the situation. Board of Adjustments and Appeals Meeting Minutes January 12, 1999 Page 2 Willard Johnson asked the applicant if the driveway length could be increased from 16 feet to 20 feet, thus shifting the house into the !akeshore setback. Mr. Witt explained his plan to increase the footprint of the house by 104 sq. ft. from the submitted site plan. He stated that with the additional living space, the impervious surface would only be 25.5 percent. He commented the additional space may not be needed. Watson stated that the additional living space and the additional driveway together would exceed the maximum impervious surface permitted. Johnson asked if the house will maintain the 75 foot lakeshore setback. Mr. Witt stated that the house could be shifted 2 feet into the lakeshore setback. Watson asked what the lakeshore setback will be if the house is shifted 4 feet from the front property line. Kirchoff responded that the site plan is not accurate. Berquist stated that the setbacks could be 75 feet on the lake and 16 on the street. Don Sitter, 9249 Lake Riley Blvd., asked if he could make a comment. Johnson stated that it is not a public hearing, but he will allow him to speak. Sitter stated that a 16 foot driveway is not long enough. He stated that the house should be shifted towards the lake to accommodate a larger parking area. He explained that he does not like it, but it will improve the parking situation. Mr. Sitter recommends the maximum impervious surface be maintained. He questioned the number of stories in the house. Watson stated the house will have a basement and the lowest floor must be 3 feet above the highest water level. Sitter stated that it will not work. Watson stated that it will have to in order to meet ordinance requirements. Sitter stated that a variance should be given from the lakeshore setback, but the maximum impervious surface should be maintained. Watson said that they should give on the lake and maintain a 20 foot front yard setback. Board of Adjustments and Appeals Meeting Minutes January 12, 1999 Page 3 Peter Pemrick, 9251 Kiowa Trail, stated that the lot is too small for a house. Johnson stated that the property is a lot of record. Watson stated that the city has to allow a reasonable use of the property, otherwise the city is "taking" the property from the owner. Pe~m'ick stated the house should maintain all the required setbacks. Johnson stated the city has three problem areas, and this is one of them. Pemrick stated the lot is ridiculously small for a house. Mr. Witt stated that in 1989 variances were granted for the construction of a home. He explained that the variances granted were much greater than the current proposal. Mr. Witt stated that the proposal is much smaller and that they need an extra 5 percent of impervious surface. Watson moved, Berquist seconded the motion to approve a 12,515 sq. ft. variance from the 20,000 sq. ft. minimum lot area requirement on a recreational development lake, a 12.5 foot variance from the 90 foot minimum lot width requirement, a 51 foot variance from the 75 foot lot width requirement for riparian lots for lake access, a 10 foot variance from the 30 foot front yard setback requirement, a 3 foot variance from the 10 foot side yard setback requirement and a 4 foot variance from the 75 foot shoreland setback requirement for the construction of a single family home with the following conditions; 1. The applicant shall submit a survey completed by a licensed surveyor. 2. A detailed grading, drainage, and erosion control plan with 2-foot contours shall be submitted at time of building permit application for review and approval by the City. 3. The basement of the home must be 3 feet above the ordinary high water mark of the lake. 4. Type 1II erosion control must be maintained until all vegetation has been restored. 5. The applicant shall maintain the 10 foot required dock setbacks. All voted in favor and the motion carried. Board of Adjustments and Appeals Meeting Minutes January 12, 1999 Page 4 APPROVAL OF MINUTES: Watson moved, Johnson seconded the motion to approve the minutes of the Board of Adjustments and Appeals Meeting dated December 22, 1998. All voted in favor and the motion carried. Berquist moved, Watson seconded the motion to adjourn. Ali voted in favor and the motion carried. The meeting was adjourned at 6:45 p.m. Prepared and Submitted by Cynthia Kirchoff Planner I