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1990 05 14BOARD OF ADJUSTMENTS AND APPEALS MINUTES MAY 14, 1990 MEMBERS PRESENT: Carol Watson, Willard Johnson and Jay Johnson. STAFF PRESENT: Paul Krauss, Planning Director and Sharmin A1-Jaff, Planner I. VARIANCE REOUEST TO ALLOW A MOTHER-IN-LAW APARTMENT IN A SINGLE FAMILY DWELLING LOCATED AT 8628 CHANHASSEN HILLS DRIVE NORTH, ARLETTA BRAGG, APPLICANT. A1-Jaff presented the staff report. The public hearing was opened. The first speaker was Ed Shaller. Mr. Shaller stated that he has met Mrs. Bragg and he feels bad for opposing the variance but he is thinking of the future, that the house actually serves as a duplex and could be rental property in the future. He stated that there is a short driveway and cannot have more than 2 cars in the drive and felt that the cars would be parked on the street. He stated that the city does not have enough employees to monitor this type of use and wondered who would be the "watch dog". Paul Krauss stated that normally the city would respond to complaints and that is how the city finds out that there is some kind of violation and when something can be done about the situation. Jay Johnson stated that a he owned a home in Iowa and found out that 3 families were living in his two bedroom house. He was not very pleased about it and agreed that it does happen. He stated that normally when someone complains the city will investigate but the city cannot deny the variance request. Roger Knutson stated that state statute allows a special use variance and that is a mother-in-law apartment. It is the only special use variance. He stated that it could cause potential abuse of the property but legally there is no way the city can deny this request. Ken Bragg stated that he was Mrs. Bragg's son and stated that at the present time they own a split level home in Minnetonka where he and his mother are living, but his grandmother would like to live with them. He stated that was why they chose to build this home in Chanhassen. He stated that they want a kitchen in the lower level and the home will be used only by his grandmother, mother and himself. Robert Law stated that what is proposed in this variance request is actually a duplex and it will be turned into rental property. He stated that it was setup as a duplex and it will be rented out as a duplex and it will hurt the surrounding property value. He stated that if the family chooses to live together then maybe they Board of Adjustments Minutes May 14, 1990 Page 2 should change the interior of the house. Carol Watson asked what constitutes a duplex versus a mother-in-law apartment. Roger Knutson defined a mother-in-law apartment as "the exterior has an appearance of a single family dwelling, has one common driveway, one common entry, are no separate utility services, and has one address". He stated that a duplex has two driveways, two entryways, two separate addresses, and two separate utility services. Robert Law said that he owns a house in Richfield, a duplex, and when it was built it was built as a mother-in-law apartment but it was grandfathered in and it is being rented out right now as a duplex. He stated that it is the only duplex in the neighborhood. He stated that all the neighbors hate it, but there is nothing they can do about it, and stated that this is what is going to happen with this property. Jay Johnson asked if there was any criteria in order to deny the variance request. He stated that it would be arbitrary and capricious. He stated that they meet all of the criteria and there is no question that the city will have to approve this request as the ordinance stands, it allows for mother-in-law apartments with conditions and the applicant meets those conditions. Robert Law asked the Board about the value of the house. He stated that it probably costs $125,000 and asked how many families can afford to buy $125,000 houses. Ken Bragg stated that the house cost a lot more than $125,000. Robert Law said that is exactly my point. He stated not every family can afford buying the duplex or a house set up as this property and paying that much money for it. Don Chmiel asked if he could interupt, and stated that in his neighborhood a home sold 3 times and it was set up with a mother- in-law apartment and to this day, it has not been rental property. Carol Watson said that is a City Council meeting scheduled for 7:30 p.m. and it is almost 8:00 p.m. Therefore, she motioned to close the public hearing, seconded by Jay Johnson. Watson moved, and Jay Johnson seconded to approve the variance request for a mother-in-apartment. All voted in favor and the motion carried. Board of Adjustments Minutes May 14, 1990 Page 3 APPROVAL OF MINUTES Watson moved, Jay Johnson seconded to approve the April 23, 1990, minutes as written. All voted in favor and the motion carried. The public present was informed that they could appeal the variance request at this evening's City Council meeting. Watson moved, Jay Johnson, seconded to adjourn the meeting at 8:00 p.m. All voted in favor and the motion carried.