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1996 03 25CHAN~SSEN IIOARD OF AIIJU. STMENTS AND APPEALS REGULAR MEETIlqG MARCH 25, 1996 Chairman Johnson called the mee ~ting to order at 6:30 p.m. MEMBERS PRESENT: ', Willard Johnson, Don Chmiel, and Carol Watson STAFF PRESENI: John~ '~ 'Rask' Planner I A ONE (II'FOOT SIDE YARD SETBACK VARIANCE FOI~ THE~ CONSTRUCTION OF A GARAGE ADDITION. DAVID BRAMER. 7270 CONESTOGA COURT. LOT 4. BLOCK 2. CliANHASSEN VISTA 3RD ADDITION. John Rask presented the staff report on this item. David Bramer statedthat hewould' like a variance to add a third s~l onto his garage, and that he was not aware of the limitation when he purchased the home. Further, he wished to add a garage addition to provide storage for an antique car and tractor which has been in the family for several generations. Carol Watson stated that grantinsthe-variance, may not set a precedent, but that it makes it difficult to deny the next person who comes along and asks for a variance. Ms. Watson further explained that she does not agree with the smaller lots granted through the PUD process. Willard Johnson expressed a concern over granting a. variance on a lot that has only 80 feet of frontage. Mr. Johnson stated that these smaller lots create problems once they are approved, because people are not told of the limitations associated with the lot. Mr. Johnson explained that the granting of a variance would set a precedent for the neighborhood, which would be a problem in thePU. D development as there are a number of small lots. Mt.. Chmiel also expressed concern.over granting a variance for smaller lots within PUD zoning districts. Board, members discussed theramifications of allowing a variance within the PUD. Mr. Bramer further explained his need to have.additional garage space by stating that he has no other option to construct garage space. A dctoche~. ,garage would' fit in the rear yard, but would have to be located close to the home which would~bedgffimental to.the appearance of the home and neighborhood. Mr. Johnson asked.if there was any additional diS%ssion or comments. Board of Adjustment and Appeals Meeting - March 25, 1996 Page 2 Watson moved, Johnson seconded that the Board of Adjustments and Appeals deny the one (1) foot variance from the side yard setback based on the findings outlined in the staff report. More specifically, the Board finds the following: 1. The applicant has a reasonable use of the property with the existing home and two car garage. 2. The applicant has not demonstrated a hardship that would warrant the granting of a variance. 3. The request, if approved, would create a standard that deviates from surrounding properties. All voted in favor and the motion carried unanimously. A TWENTY (25) FOOT REAR YARD SETBACK VARIANCE AND A TEN (10) FOOT FRONT YARD SETBACK VARIANCE FOR THE CONSTRUCTION OF A HOME ADDITION, PETER DAHL, 220 FRONTIER COURT, LOT 3, AUDITOR'S SUBDIVISION tt2. John Rask presented the staff report for this item. Peter Dahl stated that he looked at different options for adding on to the home. He explained that the addition was needed to create a stairwell to access a second floor addition. This would be the most feasible approach. Carol Watson stated that this is a unique situation where a variance is necessary to have a reasonable use of the property. Willard Johnson and Don Chmiel agreed that this is a situation which warrants the granting of a variance. Any addition to the existing home would require a variance because of the narrow lot and the location of the existing home. The Board agreed that a variance is necessary to provide adequate room in which to construct the home addition. Watson moved, Johnson seconded that the Board of Adjustments and Appeals approve the 25 foot rear yard and the 10 foot front yard setback variances for the construction of an 8 x 26 foot home addition based on the findings presented in the staff report and with the following conditions: Board of Adjustment and Appeals Meeting - March 25, 1996 Page 3 1. The applicant shall submit a site survey along with detailed construction plans at the time of building permit application. 2. Erosion control shall be installed and maintained during construction and until vegetation is reestablished. 3. An escrow fee of $50 shall be submitted for recording of the variance." Mr. Johnson asked for a motion approving the Minutes for September 11, 1995 and October 23, 1995. APPROVAL OF MINUTES Chmiel moved, Watson seconded to note the Minutes of the Board of Adjustment minutes for September 11, 1995 and October 23, 1995 as presented. Watson moved, Chmiel seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. A motion was made to adjourn the meeting. The meeting was adjourned at 7:15 p.m. Submitted by John Rask Planner I Prepared by John Rask