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1997-04-14 minutes CHANHASSEN BOARD OF ADJUSTMENTS 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 Al-Jaff, Planner II and Cynthia Kirchoff, Planner I A 13.2 FOOT VARIANCE TO THE 30 FOOT REQUIRED BLUFF SETBACK TO ALLOW 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 Kirchoff presented 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 the property. He also stated that this is a reasonable use of the land. Nancy Mancino stated that this ordinance was enacted to protect the bluff from erosion. Andrew 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 pleasing and that erosion can be controlled through landscaping. Willard 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 that staff's proposal still requires a variance. Steve Berquist stated that he understands the impact that this proposal will have on the existing structure. He stated that the bluff will be protected by the four conditions of approval recommended by staff. Andrew Hiscox stated the proposed residence has been shifted to the 30 foot front yard setback. Berquist asked if the 958 contour line protects the bluff. Sharmin Al-Jaff stated that it does. Berquist asked how the 30 foot setback was determined. Al-Jaff stated that this number was established by the Minnesota Department of Natural Resources. Board of Adjustment and Appeals Meeting Minutes March 10, 1997 Page 2 Mancino stated that she has concerns with the bluff condition during construction. Berquist stated 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 further from the bluff. He stated that they do not want to destroy the bluff. Berquist 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). Al-Jaff stated that the applicant could appeal this decision to the City Council. APPROVAL 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 hearing. Berquist moved, Johnson seconded to adjourn the meeting. All voted in favor and the motion carried. The meeting was adjourned at 6:45 p.m. Prepared and Submitted by Cynthia Kirchoff Planner I CHANHASSEN BOARD OF ADJUSTMENTS AND APPPEALS REGULAR MEETING MARCH 10, 1997 Chairman Johnson called the meeting to order at 6:15 p.m. MEMBERS PRESENT: Willard Johnson, Carol Watson and Steve Berquist STAFF PRESENT: Sharmin Al-Jaff, Planner II and Cynthia Kirchoff, Planner I A 24.5 FOOT VARIANCE TO THE 30 FOOT REQUIRED BLUFF SETBACK TO ALLOW A SINGLE FAMILY RESIDENCE AND DECK TO BE LOCATED 11 FT. AND 5.5 FT, RESPECTIVELY,FROM THE EDGE OF THE BLUFF,ANDREW AND CATHERINE HISCOX. Cynthia Kirchoff presented the staff report. Chairman Johnson opened the public hearing. Cate Hiscox stated that the goal of this proposal is to maximize the views of the property and to ensure 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. • this proposal fits better between the two existing homes,blends in with the neighborhood and 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 of the majority of those whint e put to a 500 feet.reasonable He staed that and a reasonable use includes the usesJ 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 Page 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 in the city. Sharmin Al-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 final plat of this property could not be approved until the Torrens was completed. Berquist stated that he understands the concerns regarding home location as the shifting of the proposal would negatively affect the neighborhood, but approving the variance would set a precedence for the deLancy property. Berquist stated that run-off is associated with the amount of impervious surface. He stated that he 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 the ordinance. Al-Jaff stated that it could have been built but the Bluff Protection ordinance was adopted to minimize the affects of erosion on bluffs. Berquist asked what lead to the ordinance amendment. Al-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. Al-Jaff stated that a previous request for a variance to the bluff protection setback was denied. Board of Adjustment and Appeals Meeting Minutes March 10, 1997 Page 3 Carol Watson stated that she does not want the house built that close to the bluff and that this house 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 house would have less of an impact. He stated that he understands that the City is trying to correct the situation. Al-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. Willard Johnson agreed. Berquist stated that the house could be pulled forward 5 feet making the deck 10.5 feet and the house 16.5 feet from the bluff. Andrew 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. Watson 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. Watson stated that that house should not be in the bluff impact zone. Berquist asked if staff is following the ordinance. Al-Jaff stated that staff is upholding the ordinance. Board of Adjustment and Appeals Meeting Minutes March 10, 1997 Page 4 Andrew Hiscox stated that staff is not willing to compromise. Cate Hiscox stated that they are willing to work with staff. Al-Jaff stated that staff will take direction from the Board of Adjustments and Appeals and, if instructed to do so, will investigate alternatives. Watson moved, Johnson seconded a motion to table the 24.5 foot variance form the bluff setback for 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 appropriate grading. She stated that the applicant should be concerned only with this property, not with others located on the bluff. She stated that there is no magic number of feet that the house should be from the bluff. APPROVAL OF MINUTES: Johnson stated that he would like to amend the minutes to read "Johnsen 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 carried. Watson moved, Johnson seconded to extend the public hearing to further discuss the request for variance. Watson 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 -CbD \\19 t X AGENDA A CHANHASSEN ZONING BOARD OF ADJUSTMENTS AND APPEALS MONDAY, APRIL 28,AT 6:15 P.M. CHANHASSEN CITY HALL, 690 COULTER DRIVE CITY COUNCIL CHAMBERS 1. Call to Order. 2. Request for a 6.5 foot variance to the required 25 foot front yard setback for the construction of a 14' x 15.6' deck to be located 18.5' from the front lot line on property zoned RSF and located at 600 Fox Hill Drive(Lots 3203-3210, Carver Beach), Rick and Dee Ann Hale. 3. Approval of Minutes. 4. Adjournment.