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1983 10 11Minutes of the Board of Adjustments and Appeals October 11, 1983 Members Present Dale Geving and Willard Johnson Staff Present Bob Waibel, City Planner Public Present Peter Beck John Weidt A.W. (Mike) Mulligan Joanne Mulligan Gary Hittle Robert Sawyer Bill Heinlein Carol Dunsmore Dan Johnson Max McMullin Cecil Waller Monica & Jack Swenson Ken Landin Lynn Landin 7900 Xerxes Ave. S., Minneapolis 8591 Tigua Circle, Chanhassen 5716 Glen Ave., Minnetonka 5716 Glen Ave., Minnetonka 4171 Main St., St. Bonifacius 48 Sanford Circle, Chaska 721 West 96th Street, Chaska 730 West 96th Street, Chaska 1140 Pleasant View Road, Chanhassen 16840 S. Shore Lane, Eden Prairie 600 West 94th Street, Chaska 126 Judith Drive, Chaska 720 West 96th Street, Chaska 720 West 96th Street, Chaska Shoreland Management Setback Variance Request, Lot 5, Block 1, Rice Marsh Manor, Arthur W. Mulligan, Public Hearing. Waibel presented the staff report indicating that the request is for a 70 foot and 22 foot Shoreland Management Ordinary High Water Mark Setback variance request to the 150 foot ordinary high water mark setback requirement for Natural Environment Waters. He stated that for the reasons noted in the analysis section of the staff report, the proposal appears to be consistent with the spirit and intent of the Shoreland Management Ordinance and that any approval of the request should minimally be based upon these findings in order to avoid setting an unwarranted precedent. He read into the record a letter received from the property owner directly to the west (Mr. David Nikolay) stating that he is not opposed to the proposed variance, however he asked that the Mulligan's install a driveway culvert across the drainage way traversing the property and that ongoing maintenance of same drainageway be conducted. Peter Beck, representing the applicant, demonstrated on a model prepared for the proposal, how the plan is to preserve as much of the natural terrain and vegetation as possible. He noted that the house would be slab on grade construction and that there will be no impervious surfaces on the property other than the house itself. He presented graphics and photos showing how the pro- posed house location optimally screens and conceals the house from surrounding properties and from the lake itself. Minutes of Board of Adjustments and Appeals October 11, 1983 Page 2 A motion was made by Willard Johnson to close the public hearing, seconded by Dale Geving, motion carried. Dale Geving made a motion to recommend the City Council approve the Shoreland Management Setback Variances of 22 feet for the northwest corner of the proposed residence and 70 feet for the northeast corner of the proposed residence as requested in Planning Case 83-14 Variance with the following conditions: 1. The applicant address the drainage concerns of the the neigh- bor directly to the west. 2. That the driveway and parking apron for the house be constructed of pervious surface material. 3. That the applicant make efforts to preserve as much of the existing vegetation as possible in the construction of the proposed residence. Motion seconded by Willard Johnson, all in favor and the motion carried. The Board stated that the reasons for the recommen- dation for approval were essentially reasons 1 through 4 as noted in the Staff Report of October 5, 1983 as well as the deter- mination that the proposal is consistent with the four findings for variance approval as contained in the Zoning Ordinance. Side Yard Setback Variance Request, 731 West 96th Street, Jack and Monica Swenson, Public Hearing. Waibel delivered the staff report noting that there does not appear to be any problems with the proposed variance. Bill Heinlein stated that he was concerned about the placement of the home on the lot. The back of the house would be facing his lot and he feels that this is inconsistent with the rest of the area. When asked how far his house is from the property line he indicated that it is approximately 50 feet east of the property line. The members of the Board indicated that they cannot dictate how a house is to be placed on a lot as long as they meet the minimum setbacks and building code. They noted that the applicant could move their house closer to the property line by approximately 14 feet and also closer to the street approximately 10 feet. Monica Swenson indicated that they feel the better soil for the placement of the home and the yard is to the easterly property line where the house is proposed to be located. Waibel noted that the applicant's plan indicates a setback variance of 83 feet, however, the northwestern corner of the proposed house encroaches approximately 8 feet closer to the side lot line thus making the setback variance request 25 feet. Minutes of Board of Adjustments and Appeals October 11, 1983 Page 3 Dale Geving moved to recommend that the City Council approve the 25 foot side yard setback variance request as found in Planning Case 83-15 Variance with the condition that the proposed driveway access have a culvert installed for drainage. Motion seconded by Willard Johnson, motion carried. Although the City cannot make a condition for the actual place- ment of a home, the Board did suggest and recommend that the applicant attempt to place it in line with the neighboring resi- dence to the east.