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3 Approval of MinutesCHANHASSEN BOARD OF ADJUSTMENTS AND APPEALS REGULAR MEETING SEPTEMBER 11, 1995 Chairman Johnson called the meeting to order at 6:30 p.m. MEMBERS PRESENT: Willard Johnson, Mark Senn, and Don Chmiel STAFF PRESENT: John Rask, Planner I A TWELVE (12) FOOT VARIANCE FROM THE SEVENTY-FIVE (75) FOOT LAKE SETBACK RE0 UIREMENT ON LOTUS LAKE, AND A TWENTY (20) FOOT VARIANCE FROM THE BLUFF SETBACK REOUIREMENT, ROBERT HORSTMAN, 7343 FRONTIER TRAIL, LOTS 21 AND 22, AUDITOR'S SUBDIVISION NUMBER 2. John Rask presented the staff report on this item. Robert Horstman stated that the variance request has been reduced to a sixteen (16) foot variance as opposed to a twenty foot variance by redesigning the addition. Mr. Horstman indicated that additional space was needed for his family. The addition would give them three bedrooms, and would be the most feasible because of the layout of the existing home. Mr. Horstman further stated that they have attempted to keep it back as far as possible, and that the site is heavily wooded which wood screen the home from the lake and protect the site from erosion. Mayor Chmiel asked if the proposed addition would obstruct the view of surrounding properties. Mr. Rask responded that the home was located on a large lot and that the addition would not negatively impact surrounding properties. Mark Senn indicated that he did not see a problem with granting the variance because it would not negatively impact adjacent properties or increase the non-conformity becaused the applicant would not be any closer to the lake than the existing structure. Willard Johnson expressed a concern over the closeness of the home to the bluff. Mr. Horstman stated that they would take the necessary steps to control erosion and comply with the conditions outlined in the staff report. Mr. Senn indicated that the slope was heavily vegetated and should help control erosion. Mr. Johnson asked if the Board was ready to make a motion. Board of Adjustment and Appeals September 11, 1995 Page 2 Mayor Chmiel indicated that he does not have a problem with the variance. Mr. Johnson stated that he was originally concerned about the variance but after seeing the revised plans and the steps which were taken to reduce the variance he was inclined to vote in favor of the variance. Mr. Senn made a motion to approve an eight (8) foot variance from the lake and a sixteen (16) foot variance from the bluff setback subject to revised plans being submitted at the time of building permit approval, and the conditions outlined in the staff report and DNR memo. Mr. Senn's motion was based on the facts that the applicant was not encroaching any further into the required setbacks than was the existing structure, and that the new addition would not impact adjacent properties. Mayor Chmiel seconded the motion. Mr. Johnson asked if there was any additional discussion or comments. Senn moved, Mayor Chmiel seconded that the Board of Adjustments and Appeals approve an eight foot variance from the lake setback and a sixteen foot variance from the bluff setback subject to revised plans being submitted at the time of building permit approval, and the conditions outlined in the staff report and DNR memo. Mr. Senn's motion was based on the facts that the applicant was not encroaching any fUrther into the required setbacks than was the existing structure, and that the new addition would not impact adjacent properties. Ail voted in favor and the motion carried unanimously. Senn moved, Chmiel seconded to close the public hearing. All voted in favor and the motion carried. The public hearing was closed. APPROVAL OF MINUTES: No minutes were available from previous meeting. 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 CHANHASSEN BOARD OF ADJUSTMENTS AND APPEALS REGULAR MEETING OCTOBER 23, 1995 Chairman Johnson called the meeting to order at 6:30 p.m. MEMBERS PRESENT: Willard Johnson, Mark Senn, and Carol Watson STAFF PRESENT: John Rask, Planner I A FIVE (5) FOOT SIDE YARD SETBACK VARIANCE FOR THE CONSTRUCTION OF A GARAGE ADDITION, RICHARD HAMBLIN, 350 SINNEN CIRCLE, LOT 16, BLOCK 4, HIDDEN VALLEY. John Rask presented the staff report on this item. Richard Hamblin stated that he would like a variance to add a third stall onto his garage. Because of the layout of the home and the size of the lot, the south side of the home was the only location in which he could construct a garage addition. Further, he wished to add a garage addition to provide additional parking to avoid parking on the street. Willard Johnson asked if there was any other variance granted in this subdivision for garages. Mr. Rask stated that there was no other variances for garages, but that there was several variances for decks which were denied by Council. Mr. Senn asked how far the garage would be from the adjacent structure. Mr. Hamblin stated that the closest the garage would be from the adjacent home is 15 feet. However, only a small portion of the garage would encroach into the ten (10) foot setback requirement, and the rear of the garage would be further from the south property line. Mark Nicpon, 341 Sinnen Circle, stated that he was the property owner located to the south, and that he was concerned about having a garage that close to his home. Mr. Nicpon indicated that other property owners would surely request variances if this one was approved. Mr. Nicpon further explained that the garage addition would obstruct the view from his dining room window. - Mr. Watson asked about the elevation difference between the two structures and what impact this may have on the proposal. Board of Adjustment and Appeals October 23, 1995 Page 2 Mr. Rask stated that the garage addition and proposed driveway would be several feet above the neighboring property. Mr. Johnson explained that the granting of a variance would set a precedent for the neighborhood, which would be a problem in the PUD development as there are a number of small lots. Ms. Watson explained that she was on the Council at the time this subdivision was approved, and that the Council was concerned with the small lot sizes and the possibility of future variances. Mr. Hamblin stated that the additional garage space was needed to avoid on-street parking. At times, they have four ears at the house which forces them to park in the street. Mr. Senn asked if they would be permitted a concrete slab or parking area adjacent to the garage. Mr. Rask stated that parking areas and driveways do not have a setback from side lot lines, but that the drainage and utility easement may impact the location. Board members discussed the ramifications of allowing a five foot variance within this PUD. Mr. Johnson asked if there was any additional discussion or comments. Senn moved, Johnson seconded that the Board of Adjustments and Appeals deny a five (5) 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. Senn moved, Watson seconded to close the public hearing. Ali voted in favor and the motion carried. The public hearing was closed. Board of Adjustment and Appeals October 23, 1995 Page 3 APPROVAL OF MINUTES: No minutes were available from previous meeting. A motion was made to adjourn the meeting. The meeting was adjourned at 7:30 p.m. Submitted by John Rask Planner I Prepared by John Rask