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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 04/20/1978 APPROVED MINUTES EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMUiTS THUPMAY, APRIL 20, 1978 700 PM, CITY HALL MEMBERS PRESENT: Chairman James Wedlund, James Cardinal, Ronald Krueger and Roger Sandvick MEMBERS ABSENT: Richard Lynch STAFF PRESENT: Walter D. Johnson, Building Official and Donna Stanley, Recording Secretary 1. Minutes of March 16, 1978 reaular meeting. Pg. 1, last Motion under Election of Officers, add "Motion carried unanimously". Pg. 2, last para,, sent. 2, add "there is"; sent. � delete "will require", add "could" before "request". MOTION: Oardinal moved to approve the minutes of March 169 1978 meeting as published and amended, Sandviek seconded. Motion carried, with Krueger abstaining because of absence. . 2. Variance Reauest #78-2 from Wayne L. Pearson for side yard setback variance for garage addition at 8209 Hillside Drive. Mr. Wayne Pearson, 8209 Hillside Drive, spoke to his request for a variance from the required 15t sideyard setback to 5t setback, to build an attached garage. He explained that he had explored. the idea of a detached garage, but did not like the asthetic look. He spoke to additional living space, plans for insulating, and additional storage space as added reasons for his request. City Building Official, Walter Johnson, explained that he had researched this to see if any variances were granted in this area, but was unable to find any. Mr. Bud Schwartz, 15051 Scenic Heights Rd., expressed concern that the variance was too great and would set a precedent. He suggested building the garage in the back so he could comply with the requirement. He pointed out that the sewer and water lines came in from the front to the back of the house. Pearson felt there would not be a problem because Mr. Schwartz's house was located 481 from the affected property line. Pearson answered questions from the Board on his reasons for objecting to a garage built in the back. Minutes — Zoning Bd. of Appis. approved and Adjust. — 2 — Thurs., April 20, 1978 Cardinal asked how this variance would affect Schwartzls property. Schwartz responded that with only 5' to the the property line, there could be digging up of trees and maybe his property, and that there would be the problem of moving equipment such as a boat etc.. He expressed concern with what future owners would do with that side of the garage if the house were ever sold. Wedlund inquired about the possibility of building the garage in front, pointing out that the setback was 301, and there was a strong possibility he may not need a variance, or he may need only a slight variance. Pearson respond that he had been told the setback was 501, and the setback on his house is 451, therefore he didn't feel he could comply. Cardinal explained that when 40% of the block is developed, which it is in this case, the Ordinance provides that the front setbacks can be the average of existing setbacks. MOTION: Wedlund moved that the Board deny the variance request with the following findings: by allowing this request and leaving 5' between the garage and adjoining property line would leave inadequate room for moving large items from the back to the front of the house without infringing on neighbor's property; sewer line is presently under this area; precedence would be set; there are alternative methods to accomplish what the proponent wants to do with his property which would be to his advantage, as well as to the City; and there seems to be strong objection by his neighbor. Sandvick seconded. ADDITION: Wedlund added that under the circumstances, with the confusion over the setback in the front, the proponent can come before the Board at a later date when his plans are drawn and the Board will waive the fee. Sandvick seconded, motion carried unanimously. 3. Variance ReQuest #78-3from Jac ueline Luloff for rearsardsetback for deck additions at 7310-7 23 0 Bazpix)e Blvd. Mrs. Luloff, 7320 Bagpipe Blvd., spoke to the variance request, explaining that they have sold the property and are presently living in one side. She spoke further to paying for the permit and that it had included the decks. Wedlund asked how close the property was to the lot line. Johnson responded that it was right on the setback, and explained that one of the inspectors had informed the Luloffs that they would be in violation of the Ordinance by putting the decks on in the back, and suggested putting them on the side. Mrs. Luloff insisted that they had not been informed of this, and explained that they were applying for the variance in order to satisfy the present owner. • It was noted that the lots in this development were shallow, and the same problem would probably occur with the remaining lots of the subdivision. Johnson explained that they would have to be dealt with separately. Minutes - Zoning Bd. of Appls. and approved Adjust. - 3 '- Thurs., April 20., 1978 Mr, Luloff pointed out that the sliding glass doors leading to the potential decks were a safety hazard, with only screws to keep them shut-which people do take out. NOTIONS Cardinal moved to approve a variance to enable 61X 161 decks to be built based on the findings that there has been a minunderstanding between the Building Department and the builder; the understanding between buyer and builder that there would be a deck.— and the safety factor of the sliding glass doors. Krueger seconded, motion carried unanimously. Krueger commented that he felt there was a slip up be-Muse of the lots with such small footage. 4. Old Business -Cardinal-ex' med concern that the specialmeeting that was -called was not pr_ts held, and that he was not informed that it was cancelled as it was tndica—te—d- that he would- be. requested that packets be sent out at least by the Friday before the meeting date, to enable Board members to look over the properties in question. Krueger requested that site plans be made available with the requests. 5. New Business None. 6. Adjournment MOTION: Sandvick moved to adjourn at 9300 R4., seconded by Cardinal* Motion carried unanimously.