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1992 02 10BOARD OP ADJUSTMENTS AND APPEALS MINUTES FOR FEBRUARY 10, 1992 BOARD MEMBERS PRESENT: Willard Johnson, Don Chmiel and Richard Wing. STAFF PRESENT: Paul Krauss, Planning Director and Sharmin A1-Jaff, Planner I. The meeting was called to order at 6:30 p.m. A VARIANCE REOUEST FOR A 6 FOOT FRONT YARD VARIANCE SETBACK TO ENCLOSE A DECK AND CONVERT IT INTO A THREE SEASON PORCH ON PROPERTY ZONED PUD. PLANNED UNIT DEVELOPMENT AND LOCATED AT 801 PONTIAC LANE, PAUL NAAB. AI-Jaff presented the staff report. Johnson made a motion to open the public hearing. Paul Naab, the applicant, complained that the level of the noise and the wind that blows from the direction of Kerber Boulevard is extremely annoying. He stated that he had received approval from the Chaparral Homeowners Association to enclose the deck. He noted that architecturally the result will be compatible with the existing house as the same materials will be used on the exterior walls. He stated that the location of the existing deck is the best place as it is easily accessible from the living room. Virginia Harris questioned why this application is a variance. Paul Krauss pointed out that in the Chanhassen Zoning Ordinance, intensification of an existing variance is a variance. Wing stated that approval of this application would set a precedent. He stated that city recently denied a similar variance in the Fox Chase Subdivision. He stated that for the sake of consistency, this variance should be denied. Johnson shared Wing's concerns. Wing made a motion to deny the variance. Johnson seconded the motion. Johnson and Wing voted to deny, Chmiel abstained and the motion carried. A VARIANCE FOR A 22 FOOT FRONT YARD AND SHORELAND SETBACK VARIANCE. AND 61/2 SIDE YARD SETBACK VARIANCE. FOR THE CONSTRUCTION OF A GARAGE AND DECK ON PROPERTY ZONED RSF, RESIDENTIAL SINGLE FAMILY AND LOCATED AT 9221 LAKE RILEY BOULEVARD, DONNA ANDREASEN. A1-Jaff presented the staff report. BOA Minutes February 10, 1992 Page 2 Johnson made a motion to open the public hearing. Dennis Baker stated that the foundation of the house or the footpad has been expanded from what it was 10 years ago. He stated that the garage will be too close to the property line, and would not be able to take a lawn mower down the hill. Don Sitter stated that the garage will be too close to the road. Chmiel stated that what happened in the past is out of our control at this time. Wing made a motion to table action on this application and investigate other possibilities. All voted in favor and the motion carried. The variance will be scheduled for February 24, 1992. REOUEST FOR EXTENSION OF VARIANCE APPROVAL FOR JAMES JESSUP LOCATED AT 9247 LAKE RILEY BOULEVARD. A1-Jaff updated the Board of Adjustments and Appeals on this item. Don Sitter requested that the number of extensions given for this application should be taken into consideration. He stated that there is not enough cooperation between the parties involved and that the city should take a more aggressive role. He noted that there is a drainage problem on the site that needs to be corrected. James Jessup explained that living in an apartment with three children is a hardship. He wants to build his house as soon as he can, once he knows it is safe. Wing moved to approve an extension for one year and a review in six months. If no progress has been made to clean up the site, the city will then interfere. Chmiel seconded the motion. All voted in favor and the motion carried.