Loading...
1983 09 27MINUTES BOARD OF ADJUSTMENTS AND APPEALS PUBLIC HEARINGS - SEPTEMBER 27, 1983 VARIANCE CASES 82-12 and 83-13 Members Present: Dale Geving, Willard Johnson, Mike Thompson. Staff Present: Bob Waibel, City Planner Public List: Don Schmieg, 200 W. 77th Street, Chanhassen John Parsons, 7200 Juniper, Excelsior Margaret Parsons, 7200 Juniper, Excelsior Earl Morgan, 3724 Hickory Road, Excelsior Grace Morgan, 3724 Hickory Road, Excelsior Susan Morgan, 3734 Hickory Road, Excelsior Michael Morgan, 3734 Hickory Road, Excelsior Eugene Rask, 1030 Bridge Street, Shoreview (summer residence: 3728 Hickory Road) Esther Rask, 1385 Cohansey Street, St. Paul Jeremy Cone, 3735 Hickory Road, Excelsior Ron Roeser, 222 Chan View, Chanhassen Richard Comer, 3800 Red Cedar Point Drive Dennis J. Wittenberg, 9880 Crestwood Terrace, Eden Prairie Roeser Variance Request, 222 Chan View - Planning Case 83-13: The staff report was delivered by Waibel indicating the request was for a ten foot front yard setback variance and a nine foot side yard variance request to the respective 30 foot front yard and 10 foot side yard setback requirements of Zoning Ordinance 47. Tom Hamilton stated that he felt there were no problems with the granting of the variance as requested and also felt that it would be an overall improvement to the property in the neigh- borhood. Don Schmieg indicated he objected to the proposed variance for the reason that there is sufficent room on the property for the applicant to conform and that approval would allow anybody to receive this same type of variance. Additionally, he stated that since the one foot setback is measured from the foundation to the property line, the overhang would certainly encroach over the property line. Ronald Roeser stated that the reason why he requested the variance was to save more yard area in the rear yard for gar- dening as well as to reduce his costs for the garage construc- tion. He stated that he prefers to encroach within one foot of the property line, however, if need be his plans would still be possible if only a two foot setback were allowed. Dennis Wittenberg stated that he owns the property abutting to the east and objects to the proposal. He stated that, if approved, the garage would be only 12 feet from the house on his property which is 11 feet from the property line. He stated that it would be quite unusual if the same request was approved for BOARD OF ADJUSTMENTS AND APPEALS MINUTES SEPTEMBER 27, 1983 PAGE 2 his property which would put two structures only two feet apart from each other. A motion was made by Mike Thompson to close the public hearing. Motion seconded by Willard Johnson. Vote unanimous. Motion carried. Willard Johnson stated that he does not agree with such a minimal lot line setback and felt there was sufficient room for a garage to be located elsewhere on the property. When asked if the garage can be pushed ten feet further back from the front property line to be compliant with the front yard set- back of 30 feet, Mr. Roeser stated that he thought that was possible. A motion was made by Dale Geving and seconded by Mike Thompson. to recommend the City Council deny the requested ten foot front yard setback variance and approve an eight foot side yard setback variance with the condition that the applicant be required to install rain gutters on the east side of the proposed garage. Vote: Dale Geving and Michael Thompson - Aye; Willard Johnson - Nay. Motion carried. L.O. Parsons, Lot 26, Block 1, Red Cedar Point - 83-13 Variance Request: The staff report was presented to the Board by Waibel. He indi- cated that the proposal was similar to that which was proposed approximately one year ago. At that time the proposal was reviewed in the context of it being subject to the shoreland management regulations for lot area and setbacks, etc; as well as how it was assessed for sewer and water improvements. He indi- cated that since that proposal was denied, considerable questions were raised as to the validity of using the sewer and water assessment rolls in determining the reasonable use of existing platted properties established prior to the adoption of the City's Zoning and Shoreland regulations. He mentioned that since variances, in the past, were usually approved or disapproved based solely upon its assessment status, and since this policy is presently being questioned, con- sideration must also be given to such requests in the context of Ordinance 47-J. Ordinance 47-J allows for platted lots of record prior to February 8, 1972, to be buildable provided it meets 50% of the area, lot width, and depth requirements of the zoning district within which it is located. In this context, the variance requests for this proposal technically are for a five foot lot width variance, a 1,058 square foot lot area variance and a 1.5 foot side yard setback variance to the requirements of Ordinance 47 and 47-J. BOARD OF ADJUSTMENTS AND APPEALS MINUTES SEPTEMBER 27, 1983 PAGE 3 Waibel stated that although a written response from DNR had not yet been received, Area Hydrologist, David Leuthe had suggested in a phone conversation prior to the meeting, that a front yard encroachment of 10 feet be considered to lessen the high water mark encroachment. Waibel indicated that staff does not find any problems with same since there would still be a 20 foot parking apron in front of the proposed house. Mike Morgan stated that he was opposed to the variance. He felt it was a significant deviation from the ordinance standards for Red Cedar Point and would have a negative effect on the neigh- borhood overall. Mr. Morgan also delivered a letter to the Board from Mr. & Mrs. Sidney Krueger (neighbors to the east) stating opposition to the proposal. Esther Rask stated she was opposed to the request feeling that it was an over use of the property. Earl Morgan stated that he was opposed to the proposal and felt it was too close to the lake and especially close when water was high. John Parsons presented a list of signatures of property owners in the area who were in favor of the Parsons request to the Board. Dale Geving directed staff to provide the City Council with a map showing the location of those property owners who signed the petition in favor of the request. A motion was made by Michael Thompson and seconded by Dale Geving to close the public hearing. Vote: Unanimous. Motion carried. Dale Geving stated that this is a very difficult request. In similar cases the Board often asks for property owners to attempt to acquire additional land adjacent to their property so that they would come closer to the ordinance standards. The Board and the City Council also have to consider the fact that there may be certain property rights involved with platted lots of record such as is found in Red Cedar Point, Carver Beach and Shore Acres. Willard Johnson felt that if the house moved ten feet closer to the road there could be a parking problem. A motion was made by Dale Geving and seconded by Michael Thompson. to recommend that the City Council deny the request. Vote: Unanimous. Motion carried.