1997 03 10CHANHASSEN BOARD OF
ADJUSTMENTS AND APPPEALS
~GULAR MEETING
MARCH 10, 1997
Chairman Johnson called the meeting to order at 6:15 p.m.
]}/IEMBERS PRESENT: Willard Johnson, Carol Watson and Steve Berquist
STAFF PRESENT: Sharmin A1-Jaff, Planner II and Cynthia Kirchoff, Planner I
A 24.5 FOOT VARIANCE TO THE 30 FOOT REOUIRED BLUFF SETBACK TO
ALLOW A SINGLE FAMILY RESIDENCE AND DECK TO BE LOCATED 11 FT. AND
~,.5 FT, RESPECTIVELY, FROM THE EDGE OF THE BLUFF, ANDREW AND
CATHERINE HISCOX.
Cynthia Kirchoff presented the staff report.
Chairman Johnson opened the public hearing.
[
date Hiscox stated that the goal of this proposal is to maximize the views of the property and to
e-~sure that it is aesthetically pleasing to the neighborhood. She stated that the home location will
maintain the topography.
Andrew Hiscox stated that:
there are a limited number of places to put the home on this lot and many cubic yards of soil
would have to be moved or removed if the house was shifted to the south and west as staff
proposed.
e i this proposal fits better between the two existing homes, blends in with the neighborhood and
· iI would cause less erosion.
the variance should be optimized as both proposals require a variance so he would prefer the
·
larger number.
· staff's recommendation would decrease the value of the house to the west as well as the
proposed residence.
they have spent $5,000 and have reviewed many house plans in order to find this plan. He
stated that they are willing to compromise and would be pleased to build in either location.
He stated that their neighbors approve of this location.
the staff report indicated that a hardship means the property cannot be put to a reasonable use
and a reasonable use includes the uses of the majority of those within 500 feet. He stated that
16 homes are located on the bluff in the area.
they have to build a smaller home because of the ordinance, therefore, they have a hardship.
any trees or vegetation removed will be replaced and grading in the rear yard may be needed
to make the yard more gradual.
~Board of Adjustment and Appeals Meeting Minutes
March 10, 1997
?age 2
- the ordinance is causing them an undue hardship because they cannot construct a house
comparable to those within 500 feet. He stated that many of the adjacent homes are
constructed on the bluff or are 35 year old ramblers worth $100,000.
Steve Berquist asked when the Bluff Protection Ordinance was amended to include all bluff areas
~n the city.
Sharmin A1-Jaff stated that the 1993 amendment referred to the side of the bluff.
Berquist asked why the house was not constructed prior to the amendment.
Cate Hiscox stated that the Torrens procedures held up the process.
Berquist stated that the applicant was granted several extensions.
Cate Hiscox stated that they were granted extension because the f'mal plat of this property could
not be approved until the Torrens was completed.
l~erquist stated that he understands the concerns regarding home location as the shifting of the
~oposal would negatively affect the neighborhood, but approving the variance would set a
ecedence for the deLancy property.
:
[~erquist stated that run-off is associated with the amount of impervious surface. He stated that
hs would like to see the house get built.
Andrew Hiscox stated that if they move the house to the south and west it ruins the view of the
adjacent home.
Berquist asked how far the house can be pulled to the front lot line and what effect moving the
house 5, 10 or 15 feet will have on the bluff. He asked if this home could have been built prior to
tke ordinance.
A1-Jaff stated that it could have been built but the Bluff Protection ordinance was adopted to
minimize the affects of erosion on bluffs.
Bsrquist asked what lead to the ordinance amendment.
AI-Jaff stated that excessive grading had taken place in other subdivisions and homes were built
along the bluff. She explained that the ordinance was adopted to prevent the destruction of the
blUffs. Ms. A1-Jaff stated that a previous request for a variance to the bluff protection setback
was denied.
~3oard of Adjustment and Appeals Meeting Minutes
March 10, 1997
Page 3
7arol Watson stated that she does not want the house built that close to the bluff and that this
)ouse is too large for this lot. She stated that destruction led to the bluff ordinance and grading
Close to the bluff will cause erosion which will result in runoff into the lake.
Andrew Hiscox stated that the sanitary sewer runs into Lotus Lake on this property and this
louse would have less of an impact. He stated that he understands that the City is trying to
correct the situation.
~l-Jaff stated that a reasonable use means that a single family home can be constructed on the
Property.
Watson stated that there is a large buildable area on this lot.
Cate Hiscox stated that this home plan meets the family's needs because it allows for additional
storage.
_
Watson stated that she would prefer that the variance be tabled so that the applicant and staff may
COme up with a compromise on the home location.
!
YJillard Johnson agreed.
Berquist stated that the house could be pulled forward 5 feet making the deck 10.5 feet and the
h~use 16.5 feet from the bluff.
.,,
.4ndrew Hiscox stated that this is the last lot available on Lotus Lake and that they are willing to
go half-way.
Johnson stated that a house could fit on that property.
Oatson motioned to deny the variance. She stated that she would prefer to table and
compromise.
Berquist stated that he had stated his views and Carol and Willard had not given direction.
¥ ratson stated that that house should not be in the bluff impact zone.
BCrquist asked if staff is following the ordinance. Al-Jarl stated that staff is upholding the
ordinance.
'Z3oard of Adjustment and Appeals Meeting Minutes
March 10, 1997
?age 4
Andrew Hiscox stated that staff is not willing to compromise. Cate Hiscox stated that they are
'Mlling to work with staff.
A1-Jaff stated that staff will take direction from the Board of Adjustments and Appeals and, if
~nstructed to do so, will investigate alternatives.
:
Watson moved, Johnson seconded a motion to table the 24.5 foot variance form the bluff setback
~or the construction of a single family home and deck. All voted in favor and the motion carried
with a vote of 2 to 0.
Watson stated that the applicant should work with the engineering department to determine
;.ppropriate grading. She stated that the applicant should be concerned only with this property,
· ~ot with others located on the bluff. She stated that there is no magic number of feet that the
house should be from the bluff.
,,PPROVAL OF MINUTES: Johnson stated that he would like to amend the minutes to read
"Johnson Watson stated that Pleasant View Road is icy and treacherous." Watson moved,
.johnson seconded to approve the Minutes of the Board of Adjustments and Appeals dated
February 10, 1997 with the amendment. All voted in favor and the motion carded.
¥Tatson moved, Johnson seconded to extend the public hearing to further discuss the request for
~ariance.
¥¢atson moved, Johnson seconded to adjourn the meeting. All voted in favor and the motion
carried. The meeting was adjourned at 7:25 p.m.
Prepared and Submitted by Cynthia Kirchoff
Planner I