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1984 08 20MINUTES CHANHASSEN ZONING BOARD OF ADJUSTMENTS AND APPEALS AUGUST 20, 1984 Members Present Tom Hamilton, Carol Watson and Dale Geving Staff Present Scott Martin, Community Development Director and Barbara Dacy, City Planner Call to Order Chairman Hamilton called the meeting to order at 6:35 p.m. Approval of Minutes Geving moved, seconded by Watson, to approve the minutes of the July 9, 1984 meeting as presented. Geving and Watson voted in favor of the motion. Hamilton abstained. The motion carried. ~etition for Zoning Variance to the Front Yard Building Setback ~equirement for Property Located at 6699 Hopi Road: Sharon Hanson, Applicant Barbara Dacy, City Planner, presented a brief overview of the variance petition. She presented the Board with a corrected Certificate of Survey which shows the existing home to be located on the unimproved Western Drive right-of-way line as well as the proposed kitchen/dining room addition. However, the proposed living room addition would require only a 17 foot front yard set- back variance from Hopi Road, rather than the initially proposed 21 foot variance. The Board felt that the proposed additions would be a substantial improvement to the property and beneficial to the neighborhood. Geving moved, seconded by Watson, to approve a seventeen foot front yard setback variance from Hopi Road and a 30 foot front yard setback variance from Western Drive as depicted on the applicant's site plan dated "Received, August 20, 1984". All voted in favor and the motion carried. ~etition for Zoning Variance for Property Located at 6311 Teton Lane: Bruce Cameron, Applicant Barbara Dacy presented a brief overview of the petition. Geving moved, seconded by Hamilton, to approve a six foot side yard set- back variance to allow the construction of a 12' x 14' addition to the single-family home located at 6311 Teton Lane, as requested by the applicant in his proposed site plan dated "Received, July 30, 1984". All voted in favor and the motion carried. Chanhassen Zoning Board of Adjustments and Appeals August 20, 1984 Page 2 Petition for Zoning Variance to Install One Additional Dock and To Allow Overnight Storage of Watercraft at Outlot B, Lotus Lake ~states, Lotus Lake Homeowner's Association, Applicant Geving stated that many beachlots in the City will be affected by the Board's decision. He was familiar with the negotiations with the Lotus Lake developer regarding beachlot use. Each dock, he felt, takes up considerable mmount of space and affects lake vegetation. He stated the City should allow only one dock per lot and not waiver from the established ordinance. Hamilton noted that installation of the dock is not the problem, but rather it is the intensity of use of the dock which affects the lake. Agreement on use of the beachlot, he said, was nego- tiated and reached with the developer in good faith to protect the best interests of lakeshore owners and lake users. He was concerned about opening the door to renegotiation with other homeowner associations having recreational beachlots. Geving commented that several years were spent developing the beachlot ordinance, and exceptions should not be made to it so shortly after its adoption. He stated he had no objections to the sailboat moorings~ however, the motorized boats affect the lake most severely. Peter Beck, attorney representing the Lotus Lake Homeowner's Association, stated that a variance is not required because no prohibition on docks was included in the development contract. The contract, he said, provided site plan review and permitting from the City Council. Beck stated the fear of precedent setting was unfounded because the circumstances are so unusual. The outlot consists of approximately 900 feet of shoreline, he noted, not typical of other recreational beachlots in the City. Historical background of the outlot is also unique in terms of the provisions of the development contract. Beck cited the assessed value of the outlot declined nearly ninety percent since the adoption of the recreational beachlot amendment to the Zoning Ordinance. Geving moved, seconded by Watson to forward the request to the City Council without recommendation. All voted in favor and the motion carried. Geving moved, seconded by Watson, to approve a variance to allow the installation of four (4) sailboat moorings in the abutting waters of Lotus Lake, as proposed by the Lotus Lake Homeowner's Association in Variance request ~84-8. All voted in favor and the motion carried. Chanhassen Zoning Board of Adjustments and Appeals August 20, 1984 Page 3 Petition for Zoning Variance to the Recreational Beachlot Width Requirement and to Allow Overnight Storage of Watercraft at 9241 ~ake Riley Boulevard, Sunny Slope Homeowner's Association, Applicant Steve Burke, President of the Sunny Slope Homeowner's Association, was present to request that the petition be tabled to allow the Association to study the option of selling the subject property for single-family residential use. Watson moved, seconded by Hamilton, to table the petition of the Sunny Slope Homeowner's Association to the September 24, 1984 meeting. All voted in favor and the motion carried. The Board agreed to allow the petitioner to keep the existing dock and canoes on the beachlot until final action on their request, but ordered that the boat not be kept overnight at the dock. Adjournment Geving moved, seconded by Hamilton, to adjourn the meeting at 7:25 p.m. All voted in favor and the motion carried.