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1984 10 01BOARD OF ADJUSTMENTS AND APPEALS MINUTES OCTOBER 1, 1984 MEMBERS PRESENT Carol Watson, Willard Johnson and Dale Geving. MEMBERS ABSENT None STAFF PRESENT Barbara Dacy, City Planner CALL TO ORDER Chairman Johnson called the meeting to order at 6:30 p.m. Chairman Johnson announced that the applicant for the Sunny Slope Variance Request has requested that the matter be tabled indefi- nitely. Geving moved, seconded by Watson to table the Variance Request #84-11 Sunny Slope Homeowner's Association indefinitely. All voted in favor and the motion carried. Geving moved, seconded by Watson to reverse Items #5 and #6 on the agenda. All voted in favor and the motion carried. Approval of Minutes Watson moved, seconded by Geving to approve the minutes of September 17, 1984. All voted in favor and the motion carried. Petition for Zoning Variance to the Front Yard Building Setback ~or Property Located at 6699 Hopi Road, Sharon Hanson, applicant. Dacy presented a brief overview of the variance petition. She stated that the applicant was granted a variance on August 20, 1984 for a proposed addition that would extend to the lot line of the subject parcel. At that time it was recommended that the applicant petition for a street vacation because the corner of the proposed addition may encroach into the right-of-way. In fact, the applicant wanted to petition for the vacation in order to construct another addition and a screened in deck. Dacy stated that the variance request now presented represents those intentions. The applicant, she stated, has petitioned for a street vacation which will be considered by the Council later in the evening. Dacy stated that staff's concern was that there would be no setback between the deck and the newly created lot line. Usually she stated, there is some type of separation be- tween the structure and adjacent properties. Geving stated that there should be some type of setback and the proposed structure should be moved to the south. Watson agreed and recommended a 5 foot setback. Board of Adjustments and Appeals Minutes October 1, 1984 Page 2 Geving moved, seconded by Watson to grant Variance Request #84-14 to allow an encroachment in the front yard setback to within 5 feet of the new lot line if the vacation petition is approved by the City Council. All voted in favor and the motion carried. Petition for Zoning Variance to the Front Yard Building Setback and the Lot Area Requirement at 420 Flying Cloud Drive, Lincoln Companies, applicant. Dacy presented a brief overview of the variance petition. She stated that the applicant is requesting a 25 foot variance to the 40 foot required front yard building setback for the placement of a gas pump canopy. The applicant she stated is also requesting a lot area variance from the 2.5 acre requirement because the subject parcel totals 2.36 acres. Dacy stated that the lot has severe topographic conditions which limits the building area toward the front of the property. She stated that only 27% of the site is proposed to be built upon. She said there appears to be adequate distance from the proposed location of the gas pump canopy to the front lot line. She stated there would be 30 feet between the pumps and landscaped area which would allow for car stacking and for pass through traffic. She noted that the parcel was created before the enactment of the 1972 Zoning Ordinance. Geving stated that the proposal would be a significant improve- ment on the site. Geving asked the applicant if he was aware that there would be no signage on the gas pump canopy. Tom Langseth, from the Lincoln Companies, stated that he understood this. Watson asked staff if there was adequate area for the placement of a septic tank and drainfield. Dacy stated that staff had met with the applicant and was satisfied that an adequate system could be placed on site. Geving asked staff if MnDOT was consulted regarding the proposed request. Dacy stated that both the applicant and staff have con- tacted the representative from MnDOT. She stated that the appli- cant will construct a deceleration lane into the site and a by-pass lane on the south side of Hwy. 212/169. She stated that the proposed traffic circulation pattern is an improvement on the existing situation. Geving asked staff about the placement of the four additional evergreens as recommended in the Conditional Use Permit Request. Dacy stated that the landscaping and additional evergreens will be planted between the parking area and the front lot line. Geving noted that there may be problems with the site distance into and out of the site. Geving noted that the Board is recom- mending that the four additional evergreens should be removed from the conditions of the Conditional Use Permit. Board of Adjustments and Appeals Minutes October 1, 1984 Page 3 Geving moved, seconded by Watson to approve Variance Request #84-15 to allow a 25 foot encroachment into the front yard building setback for the placement of a gas pump canopy and to grant a .14 acre lot area variance for the construction of a 4,000 sq. ft. retail facility and a gasoline service center. Petition for Zoning Variance to the Side Yard Building Setback for Property Located at 3725 South Cedar Drive, Thomas Heiberg, applicant. Dacy presented a brief overview of the variance petition. She stated that the applicant is request a 4.53 foot variance to the required 10 foot side yard setback for the proposed construction of an addition to the existing house. She stated that the house was built in the late 1950's and was built into the now required 10 foot setback. The closest edge to the east lot line she explained, was approximately 6 feet. The proposed encroachment would only result in ½ foot further into the side setback. She pointed out there is a garage located to the east of the proposed addition on the top of a hill which would exist approximately 20-25 feet from the edge of the addition. Dacy stated that this was adequate distance for building separation and also noted that there is a significant rise in topography toward the garage. Thomas Heiberg, applicant, stated that he has discussed the request with the surrounding neighbors. He stated that because of the structural uniqueness of the home it made sense to extend this portion of the house. Geving asked about the runoff from the new addition. Heiberg stated that it would be directed toward the lake and would have no significant impact on the adjacent property. Watson moved, seconded by Johnson to approved Variance Request #84-17 to allow an encroachment of 4.53 feet into the required 10 foot side yard setback. All voted in favor and the motion carried. Petition for Zoning Variance to the Side Yard Building Setback and to the Shoreland Management Regulation located at 469 Pleasant View Road, Todd Adams, applicant. Dacy stated that the applicant notified her just before the beginning of the meeting that he had redesigned the site plan. Bill Sawyer of Halla Nursery, representing the applicant, pre- sented the revised site plan. He stated that the new request revised the side setback encroachment to only 1½ feet instead of the previously proposed 3 feet. However, the encroachment toward Lotus Lake remained approximately the same. He stated that the excavation would be well away from the below grade manhole. Board of Adjustments and Appeals Minutes October 1, 1984 Page 4 Geving asked Sawyer why the pool could not be constructed on the rear of the property. Sawyer stated that access to the pool would be too far from the house entrance on the lake side. Geving asked if the encroachment on the side setback would dic- tate that construction vehicles would have to traverse on the adjacent property. Sawyer stated that no heavy trucks would be used in the construc- tion however, they may have to cross a portion of the adjacent property. Chairman Johnson asked if there were other property owners pre- sent. Michael and Susan Seifert, who reside to the west of the subject parcel, stated that they were not in favor of the request and sub- mitted a petition from the surrounding neighbors opposing the request. Mrs. Seifert stated that the concrete apron which surrounds the pool breaks down into lime and can drain into the lake. She also stated that the view of the lake would be blocked. Donn Andrus, who resides on the south side of the subject parcel, stated that the encroachment on the side setback would result in very little separation between the two structures. He stated that he had also signed the petition. Geving stated that the pool could be located in the rear of the lot and the required setbacks, especially the ten foot setback on Mr. Andrus's side, could be achieved. Todd Adams, the applicant, stated that locating the pool on the rear of the property would require tearing down several beautiful trees. Geving moved, seconded by Johnson to deny the Variance Request #84-16 based on the location of the swimming pool into the 75 foot required Shoreland Management Setback. Adams stated that there were other pools allowed on the lakeside of houses in the area. Geving stated that if so they were not a result of the action of the Board. Ail voted in favor and the motion carried. Geving moved, seconded by Johnson to adjourn the meeting at 7:17 p.m.