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1983 05 24Board of Adjustments and Appeals Minutes May 24, 1983 Members Present Dale Geving, Willard Johnson and Susan Albee. Staff Present Bob Waibel, City Planner Public Hearing for Planning Case 83-5 Variance, 6721 Hopi Road, Sally Schrupp Public Present Sally Schrupp Paul Pokorny, 928 Rae Drive #26, Richfield, MN 55423 Waibel delivered the staff report and read a written statement delivered by the applicant into the record. In addition to the points raised in the applicant's written st.atement, it was also noted that, due to the angling side lot lines, the garage could not be further away from the front property line without encroaching upon the south side lot line setback. The members of the Board found no problems with the variance request as proposed. A motion was made by Susan Albee to recommend the City Council approve the eight foot front yard setback variance as requested in Planning Case 83-5 Variance. Motion seconded by Dale Geving, vote unanimous, motion carried. Public Hearing for Planning Case 83-3 Variance, Lots 3177-3182, Carver Beach, Paul A. Pokorn¥. Public Present Charles Kerner, 6900 Lotus Trail Waibel delivered the staff report indicating that the variance was a 3,000 square foot lot area variance to the 15,000 square foot lot area requirements of Zoning Ordinance 47. Mr. Kerner stated that he objects to the reduced lot size and is concerned that surrounding property owners may request and receive the same considerations. The Board members indicated that the City Council has granted lot area variances in Carver Beach before due to the character of the area being that of relatively smaller lots, however, they are also reviewed on a case by case basis also taking into account such matters as soil and slope conditions. Mr. Kerner indicated that he does own the property adjacent to the east of the subject property and does not have any intentions of sellinq addi- tional land to the applicant' in order that he may approach ~he ordinance standards for lot sizes. Waibel indicated that it was his recollection that acquisition of property to the west would intensify the nonconforming lot size of the property to the west. Board of Adjustments and Appeals Minutes May 24, 1983 Page 2 A motion was made by Dale Geving to approve a lot area variance of 3,000 square feet as requested in Planning Case 83-3. Motion seconded by Susan Albee, vote unanimous, motion carried. Public Hearing for Planning Case 83-4 Variance, Rear Lot Setback Request, 340 Deerfoot Trail, Steven and Kathleen Burke Public Present Steven Burke (applicant) Waibel delivered the staff report indicating that the request was for 7'4" rear yard setback variance to construct a three season porch with a 4 foot wrap around deck onto the north side of the existing residence located at 340 Deerfoot Trail. He noted~that the granting of variances for non-essential residential appurtances has significant precedent setting nature. He indicated that although there is an abrupt incline at the point where the north end of the deck is to be constructed, he felt that such could be graded to result in a more usable yard area. Mr. Burke mentioned that it is his intention to contruct a retaining wall adjoining the rear side of the deck. He also felt that construct- ing the porch and deck so that it will extend further into the side lot as opposed to the rear lot would seriously diminish the usable open space on his property. Dale Geving and Willard Johnson indicated that they have no problems with the proposal and that it would be an overall improvement to the property. Susan Albee stated that the City is getting off on the wrong foot by granting such a variance for such a purpose to the first residence constructed in the subdivision. She-was also concerned with possible erosion problems from the incline. Susan Albee made a motion to recommend denial of the variance request for Planning'Case 83-4 Variance for reasons that it would be setting a precedent. Motion was seconded by Willard Johnson, vote Susan Albee, aye, Dale Geving and Willard Johnson, naye, motion failed. Dale Geving made a motion to recommend approval of Planning Case 83-4 Variance as requested with the condition that a retaining wall be included in the plans for construction. Motion seconded by Willard Johnson, vote Willard Johnson and Dale Geving aye, Susan Albee naye. Motion carried.