1997 04 14(2HANHASSEN BOARD OF
3,DJUSTMENTS AND APPPEALS
REGULAR MEETING
APRIL 14, 1997
Chairman Johnson called the meeting to order at 6:15 p.m.
MEMBERS PRESENT: Willard Johnson, Mayor Nancy Mancino and Steve Berquist
STAFF PRESENT: Sharmin A1-Jaff, Planner II and Cynthia Kirchoff, Planner I
~ 13.2 FOOT VARIANCE TO THE 30 FOOT REQUIRED BLUFF SETBACK TO
S'LLOW A SINGLE FAMILY RESIDENCE AND DECK TO BE LOCATED 22.5 FT.
aND 16.8 FT, RESPECTIVELY, FROM THE EDGE OF THE BLUFF, ANDREW AND
CATHERINE HISCOX.
Cynthia Kirchoffpresented the staff report.
Chairman Johnson opened the public hearing.
Andrew Hiscox stated that they could not build on this lot because they could not get clear title to
t ie property. He also stated that this is a reasonable use of the land.
b~ancy Mancino stated that this ordinance was enacted to protect the bluff from erosion.
P~ndrew Hiscox stated that the storm water that flows into the lake is more environmentally
damaging than the proposed house. He stated that the revised proposal is still aesthetically
p}easing and that erosion can be controlled through landscaping.
V~illard Johnson stated the applicants do not have a hardship.
Cate Hiscox stated that they might not have a hardship but they like the house plan and they have
compromised with staff. She said that staff's proposal is not acceptable. Andrew Hiscox stated
tlmt staff's proposal still requires a variance.
S~;eve Berquist stated that he understands the impact that this proposal will have on the existing
s~z'ucture. He stated that the bluff will be protected by the four conditions of approval
r~ornmended by staff.
A~ drew Hiscox stated the proposed residence has been shifted to the 30 foot front yard setback.
Bi~rquist asked if the 958 contour line protects the bluff. Sharmin A1-Jaff stated that it does.
Bcrquist asked how the 30 foot setback was determined. A1-Jaff stated that this number was
es~blished by the Minnesota Department of Natural Resources.
Board of Adjustment and Appeals Meeting Minutes
March 10, 1997
2age 2
i :/lancino stated that she has concerns with the bluff condition during construction. Berquist
~qtated that loading and grading will be uphill so bluff damage should be minimal.
Andrew Hiscox stated that there will be additional grading because the house will be located
farther from the bluff. He stated that they do not want to destroy the bluff.
l~lerquist moved, Mancino seconded a motion to approve the 13.2 foot variance from the bluff
setback for the construction of a single family home and deck. Johnson opposed. The motion
failed with a vote of 2 to 1 (unanimous vote necessary).
A1-Jaff stated that the applicant could appeal this decision to the City Council.
4PPROVAL OF MINUTES: Berquist moved, Johnson seconded to approve the minutes of the
Board of Adjustments and Appeals dated March 10, 1997. Johnson and Berquist voted in favor,
Mancino abstained.
Chairman Johnson closed the public heating.
Berquist moved, Johnson seconded to adjourn the meeting. All voted in favor and the motion
c&rried. The meeting was adjourned at 6:45 p.m.
P_*epared and Submitted by Cynthia Kirchoff
P2anner I