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1985 10 21BOARD OF ADJUSTMENTS AND APPEALS MINUTES OCTOBER 21, 1985 CALL TO ORDER Chairman Johnson called the meeting to order at 7:03 p.m. MEMBERS PRESENT Willard Johnson, Carol Watson and Dale Geving. STAFF PRESENT Barbara Dacy, City Planner PUBLIC HEARING Front Yard and Shoreland Setback Variance Request, 3701 South Cedar Drive, Larry Vanderlinde, applicant. Public Present Larry Vanderlinde 211 Chestnut, Chaska Dacy noted that there was a previous variance approved on this property for a 14 front yard and a 25 foot rear/shoreland setback variance in July, 1980. The previous owner could not sell his existing home and therefore could not build on the subject site. Dacy stated that the applicant is applying for a five foot front yard and a 35 foot shoreland setback variance to construct a single family dwelling. She stated that the property slopes gra- dually towards Lake Minnewashta. Dacy explained that lots in the Red Cear Point subdivision were platted in 1916 prior to the effective date of the Zoning Ordinance and noted that in the Applicable Regulations, the Zoning Ordinance and the Shoreland Management Ordinance state that substandard lots of record (platted before the effective date of the Zoning Ordinance) which do no meet the lot require- ments may be allowed as building sites provided the use is per- mitted by the Zoning Ordinance and provided that 50% of the lot area and lot width requirements are met. She stated that the applicant owns two lots which measure approximately 12,000 square feet which exceeds 50% of the 15,000 square foot lot area requirement. She also stated that the lot also measures 90 feet in width which is consistent with the lot width requirement of the R-1 District. Dacy explained that the Shoreland Ordinance states that where development exists on both sides of the proposed building site, structural setbacks may be altered to take setbacks of the existing structures into account. She noted that the home to the Board of Adjustments and Appeals Minutes October 21, 1985 Page 2 east, 3637 South Cedar Drive, has a shoreland setback of approxi- mately 49 feet. Staff does not have a survey on the property to the west, but as noted on the applicant's site plan it also appears to be within the required 75 foot setback. She stated that in this application, the edge of the home is approximately in the same location; however, this applicant is proposing a 12 foot deck. She noted that DNR staff contacted Planning staff verbally and stated that distance from the ordinary high water mark should be maximized as much as possible. She noted that imposing the 75 foot setback would cause impractical circum- stances in locating the home on the lot. Dacy stated that the applicant's proposed site plan not only pro- vides an adequate distance from the road right-of-way but also maitains a shoreland setback that is consistent with existing structures in the neighborhood. She stated that staff recommends that the ordinary high water mark be identified on the building permit survey to verify the shoreland setback. Watson stated that she would like to maintain the shoreland set- back, but wants to insure that adequate driveway distance is pro- posed. Geving stated that he recalled the previous variance request and feels this proposal is better. Geving moved, seconded by Johnson, to close the public hearing. All voted in favor and the motion carried. Geving moved, seconded by Watson, to approve the 5 foot front yard and 35 foot shoreland setback variance with the condition that the ordinary high water mark be identified on the building permit survey to verify the shoreland setback. All voted in favor and the motion carried. APPROVAL OF MINUTES Watson moved, seconded by Geving to approve the October 7, 1985 minutes as written. All voted in favor and the motion carried. Geving moved, seconded by Watson to adjourn the meeting at 7:15 p.m. All voted in favor and the motion carried.