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1997 05 20! ! J : CHANHASSEN BOARD OF !ADJUSTMENTS AND APPPEALS ; REGULAR MEETING ; MAY 20, 1997 iChairman Johnson called the meeting to order at 6:00 p.m. .-MEMBERS PRESENT: Willard Johnson, Carol Watson and Steve Berquist -STAFF PRESENT: Sharmin A1-Jaff, Planner II and Cynthia Kirchoff, Planner I :.A REOUEST FOR A 6.5 FOOT VARIANCE FROM THE 25 FOOT FRONT YARD _,SETBACK FOR THE CONSTRUCTION OF A DECK, RICK AND DEE ANN HALE, 600 FOX HILL ROAD. Eynthia Kirchoff presented the staff report. Dee Ann Hale stated that their home is located in Carver Beach where older homes exist closer to ;he fi'ont property line than in newer subdivisions. She explained that their family activities take blace in the front yard. She stated that it is difficult to move large items in and out of the home because the interior is poorly designed. She stated that a 14 foot deck is a reasonable request and ~t 10 foot deck is too small. I i Steve Berquist stated that buying a house can be difficult as the layout may not be as you would !ike. He asked if the deck would be used as an entry. i Dee Ann Hale stated that it would and that a large deck would make the space more usable. She stated that the deck would enhance and bring enjoyment to their property. l~erquist asked if building on the eastern side of the home would be feasible. Dee Ann Hale stated that the builder did not recommend building on the east side or the back ¢oor. Rick Hale stated that a 10.5 foot deck would still be usable, however, a 12 or 14 foot deck Would be better. ~erquist stated that the he would recommend that this deck maintain the neighborhood standards. tick Hale stated that others in the neighborhood have far worse conditions and encroachments. (~arol Watson asked if the applicant would want a 10.5 foot deck. l~ick Hale stated that they would. 'Willard Johnson stated that he agrees with the staff recommendation for a 3 foot variance from tile front yard setback. ;Board of Adjustments and Appeals Meeting Minutes [May 20, 1997 ~Page 2 :Watson moved, Johnson seconded a motion to deny the 6.5 foot variance from the front yard isetback for a deck and motioned to approve a 3 foot variance. The motions carried with a vote of 3toO. i. .Berquist asked if a 12 foot deck would be appropriate. :Johnson stated that he does not believe that they should allow them to encroach further into the etback. ~erquist stated that Fox Hill Road will not be widened in the future and that other cities have ~elaxed setbacks for mature neighborhoods. 1 Watson stated that their goal is to improve Carver Beach by improving situations that occurred prior to our current zoning ordinance. She stated that many of the properties in this area do not ~eet current requirements. Serquist stated that the 12 foot deck would lessen the chaos and make the deck more functional. ~ohnson stated that allowing a 12 foot deck would mean setting new standards. Watson stated that there is order to what the Board does and that they should keep in compliance With the ordinance and maintain existing standards. ltich Hale stated that many residents do not go through the process like they have done. Dee Ann I_-ale stated that she was told by her neighbors to just build the deck without going through the ~ocess or applying for a building permit. She stated that the neighbors do not care nor does she c,~re what the neighbors do with their property. Watson stated that residents do care what their neighbors do when it comes time to sell their l~me. JOhnson stated that they have removed decks that were constructed illegally. Bierquist stated that the Board is going through the process just like the applicant. ? S~armin A1-Jaff was questioned about a variance that was granted to the neighbor of the subject p~perty. She stated that this variance allowed them to build an addition 22 feet from the front y~rd setback and was designed around pre-existing standards within 500 feet of the property as r~uired by ordinance. ~Board of Adjustments and Appeals Meeting Minutes .~May 20, 1997 ~Page 3 :~_ REOUEST FOR A 1.6 FOOT VARIANCE FROM THE FRONT YARD SETBACK ~OR THE CONSTRUCTION OF A DECK, SCOTT WIRTH, 361 DEERFOOT TRAIL. ~.~ynthia Kirchoff presented the staff report. cott Wirth stated that he needs this variance as the difference between an 8 foot deck and a 10 ['oot is immense. He stated that the drainage easement is causing the steps to be smaller. He ~tated that the neighbor's deck does not meet the setback. .Kirchoff stated that all of the properties in that subdivision do meet the setbacks. 'l ~erquist stated that the deck should be redesigned so that the stairs fit between the easement and the deck. Scott Wirth stated that the railing and the decking will be in the setback but the posts will not. .~e stated that the lumber is only available in the 10 foot length. He stated that his lot is only 113 ~et deep. ~harmin A1-Jaff stated that all of the lots in the Sunny Slope subdivision have 20 foot front yard setbacks because the lot depths do not conform to the ordinance. She said that the reduced front yard setback was permitted to allow a larger buildable area on these parcels. , Wirth stated that many of the homes in the area have variances and that his deck will be 33 feet f~om the Lake Riley Boulevard. Watson asked if the applicant constructed this home. Wirth stated that he did, but at that time he did not have the money to construct a deck. He stated t~at his builder did not inform him that a deck would require a variance. B~e~ rquist asked if they had changed the shape of the easement. V{~irth stated that they had with his consent and without compensation. He stated that the catch b~.sin in the easement is dangerous to small children. Berquist directed staffto research this iaue. W;atson stated that this deck is very large and that there has to be a better design with the amount ot~buildable area. A!-Jaff stated that it is not a hardship not to have two sets of stairs on a deck. 'Board of Adjustments and Appeals Meeting Minutes , May 20, 1997 Page 4 l%Vatson, stated that the applicant has an ample opportunity to construct a deck on this property. ~Berquist moved, Watson seconded the motion to deny a 1.6 foot variance for the construction of ~ deck. The motion carried with a vote of 3 to 0. i IA REQUEST FOR AN 8.5 FOOT VARIANCE FROM THE FRONT YARD SETBACK yOR THE CONSTRUCTION OF AN OPEN PORCH, KEN AND TONI LUCAS, 6735 NEZ PERCE DRIVE. ynthia Kirchoff presented that staff report. Ken Lucas stated that the house is currently very plain and they would like to beautify it. He itated that water problems are causing them to add a porch on to the front of their residence. Toni Lucas stated that the style of the storm door increases the heat in the home during the ~ummer. A1-Jaff stated that Mayor Mancino directed staff to investigate porch encroachments. She stated th, at this will have to be done is a zoning ordinance amendment format and that staff has started tireliminary investigations. A1-Jaff said that the next step would be to present it to the Planning Commission and City Council as an issue paper and if they felt comfortable with it, staff will clevelop the ordinance. She also emphasized that the Planning Commission and City Council has r~o~t reviewed this proposal and that staff believes the recommendation would be to allow porches tO encroach 10 feet into a front yard setback. Al-Jarl said that even if this ordinance was in ~ace, the applicant would still need a variance. : llerquist stated that this will improve the front entry of the residence. He stated that it is a hi~rdship if the front door is not usable. JOhnson stated that he changed his mind because the front elevation will make the home look b~tter. B~rquist moved, Johnson seconded the motion to approve an 8.5 foot variance from the front yard setback for the construction of a porch with the following conditions: o The applicant shall provide a registered land survey of the property or at a minimum, have a registered land surveyor locate the front property line in the field. The applicant shall be aware that the variance was approved strictly for the construction of an open porch. Any further additions or alterations to the front of the residence shall require a separate variance application. Board of Adjustments and Appeals Meeting Minutes [May 20, 1997 age 5 ~l'he motion carried with a vote of 3 to 0. ~PPROVAL OF MINUTES: Berquist moved, Johnson seconded to approve the minutes of the ~3oard of Adjustments and Appeals dated April 14, 1997. Johnson and Berquist voted in favor, "a/atson abstained. hairman Johnson closed the public hearing. ~Watson moved, Berquist seconded to adjourn the meeting. All voted in favor and the motion {arried. The meeting was adjourned at 8:00 p.m. ~repared and Submitted by Cynthia Kirchoff Planner I