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PC 1999 08 18CHANHASSEN PLANNING COMMISSION REGULAR MEETING AUGUST 18, 1999 Chairman Peterson called the meeting to order at 7;00 p.m. MEMBERS PRESENT: Craig Peterson, Matt Burton, LuAnn Sidney, Alison Blackowiak and Ladd Conrad MEMBERS ABSENT: Kevin Joyce and Deb Kind STAFF PRESENT: Cindy Kirchofl~ Planner I PUBLIC HEARING: REQUEST FOR AN 8 FOOT VARIANCE FROM THE 30 FOOT FRONT YARD SETBACK FOR THE CONSTRUCTION OF AN ADDITION ON PROPERTY ZONED RSF AND LOCATED AT 7616 FRONTIER TRAIL~ JIM AND DIANE BURANEN. Cindy Kirchoff presented the staff report on this item. The applicants presented their reasons for wanting this variance. Commissioner Burton agreed that it was reasonable to grant this variance since the applicants had been given a building permit to construction a two car garage previously. The remainder of the commissioners agreed with the staff report and fmdings. (There were mechanical problems with the recorder during the discussion of this item. Recording began at this point in the meeting. ) Peterson: Okay. I'll entertain a motion? Blackowiak: Well I will move that the Planning Commission denies the request #99-13 for an 8 foot variance from the 30 foot front yard setback for the construction of a three stall garage based upon the staff report and the following, 1, 2 and 3. Peterson: Is there a second? Sidney: Second. Peterson: Moved and seconded. Any discussion? Blackowiak moved, Sidney seconded that the Planning Commission denies the request #99- 13 for an 8 foot variance from the 30 foot front yard setback for the construction of a 3 stall garage based upon the staff report and the following: 1. The applicant has not demonstrated a hardship to warrant a variance. 2. A 2 stall garage can be constructed on the site without a variance. Planning Commission Meeting - August 18, 1999 3. Sufficient buildable area exists on the site at the required setbacks to permit the construction of a garage. All voted in favor, except Burton who opposed, and the motion carried with a vote of 4 to 1. Peterson: As noted by your earlier comments? Burton: Right. Chairman Peterson read the procedures for appealing this decision to the City Council to be on their next available agenda which is September 13, 1999. Jim Buranen: I have a question. Can we get our money back on our previous permit? Peterson: I don't now. Cindy, would you have an answer for that? Kirchofl~ You'd actually have to talk to the building official or Kate, the Community Development Director on that. Jim Buranen: We'd like to. We like the town. Peterson: What I'd recommend is appeal. Jim Buranen: Yeah... we wanted to have enough, we have three new vehicles. Like I said, we really enjoy it and we're upgrading our neighborhood. We wanted to take it and make the neighborhood nicer. Done to the home already some.., if you look at some of the older homes, I mean we've done a lot of work to it. For us to sit and keep paying money to come back here, I guess.., throwing money out the window as far as I'm concerned. We're trying to upgrade, basically we're 38 feet already. The city owns 16 feet. Then you go back to 30 and we're not asking for anything more. Peterson: There isn't a fee for an appeal is there? Kirchofl2 No there's not. Jim Buranen: It's the time involved. I had a builder set up, a cement man set up. So who do I go to now about a refund, to try to get our money back? Kirchofl2 You'll have to talk to the Community Development Director, Kate Aanenson. Jim Buranen: Kate Anderson? Kirchofl2 Aanenson. Her extension's 118. 2 Planning Commission Meeting - August 18, 1999 Peterson: Okay, thank you for coming. There are no other agenda items. I'll entertain a motion to adjourn. Burton: So moved. Sidney: Second. Conrad: I just got here. Blackowiak: Okay, now old business. We're not. Kirchofl~ That goes onto the next meeting. Blackowiak: Okay. That'sjustfine. Kirchofl5 Sorry. I hate to bring you up for one variance but they insisted on being on this meeting SO. Conrad: Well I'm glad we did that. Burton moved, Sidney seconded to adjourn the meeting. All voted in favor and the motion carried. The meeting was adjourned at 7:15 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim