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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 03/20/1980 UNAPPROVED MINUTES EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, March 20, 1980 7:30 P.M., CITY HALL MEMBERS PRESENT: Ronald Krueger, Richard Lynch, Roger Sandvick, Jim Dickey MEMBERS ABSENT: James Wedlund STAFF PRESENT: Carl Jullie, P.E. Director of Public Works and Carrie Tietz, Recording Secretary (for Sharon Gagnon) CALL TO ORDER - ROLL CALL 1. Election of Officers MOTION: Krueger moved, seconded by Lynch, that the election be delayed until the next meeting due to Chairperson, James Wedlund's, absence. The motion carried unanimously. 2. Minutes of February 21 , 1980 regular meeting. MOTION: Lynch moved, seconded by Krueger, to approve the Minutes of February 21 , 1980, regular meeting, as published. The motion carried unanimously. 3. Variance Request #80-4 submitted by Bruce Bren Homes, Inc. to allow a side yard setback of 101 located at L2, B4 Lake Trail Estates. Bruce Bren was present to request variance. Sandvick asked if the home under request was for him or someone else. Bren replied the house is for his parents. Bren said the lots in this addition are narrow to begin with, so he feels somewhat restricted as to the type of home which can be built. His parents are in their seventies so a rambler would best fit their needs9 rather than than a two-story. Bren added that in building the house he has planned, if granted the 5' setback on the west side only 1 tree would have to be removed. If he keeps to the present setback requirement, many more trees would have to be removed. Lynch asked if this will be the first house in the area. Bren replied there are others but this is the first on the lake side. Dickey asked if there would be a guarantee that all the oak trees would be left except for 1. Bren replied yes he could, but he could not guarantee that all the trees would live through construction. The lot is staked and this shows the tree placement. Krueger asked if it mattered whether the 10' setback is on the garage side or not. Jullie said no, there is no stipulation which side. Lunch pointed out that this is a nominal variance considering other -i acre lots. He feels they will probably see more of this type request in this 40 neighborhood. BOARD OF APPEALS AND ADJUSTMENTS -2- March 20, 1980 Lynch asked how the lot to the west is platted. Bren said it is an irregular shaped lot, being wider at the front and narrow at the rear. Bren said he has heard no opposition from neighbors. MOTION: Krueger moved to grant variance to allow a side yard setback of 10' located at L2, B4 Lake Trail Estates. This is not an unusual variance and should not harm the health and welfare of the community. We would rather see the trees remain than taken down for 5'. Lynch seconded the motion and it carried unanimously. Sandvick explained Bren has 1 year to fulfill the requirements. DISCUSSION: Jullie mentioned that there is a 45 day appeal period as stated in the ordinance. Lynch questioned whether the appeal period wasn't too long, and could it be changed to 10 days or so. The risk would be for the builder and would this long appeal period hold construction up. Sandvick asked whether it is the purpose of this Board to inform people of the 45 days or does the building department withhold the building permit pending appeal. Jullie said these points would be considered and the matter would be handled administratively. 4. Variance Request #80-5 submitted by Rauenhorst Corporation for a variance of .35 feet front yard setback located at L1 , B1 Eden Prairie Center for the Suburban Bank of Eden Prairie. Michele Foster, Governmental Affairs Coordinator with Rauenhorst Corporation, was present to request variance. Xs. Foster explained that Rauenhorst is the contractor for the new bank in Eden Prairie presently under construction. In the process of securing the mortgage, Rauenhorst found that a small portion of the building wall intrudes 4" into the setback area due to a curve in the lot line. The mortgage company will not proceed until clear title is accomplished MOTION: Lynch moved that the request for variance of .35 feet front yard setback located at L1 , B1 Eden Prairie Center for the Suburban Bank of Eden Prairie be granted. Dickey seconded the motion and it carried unanimously. 5. Variance Request #80-6 submitted by John R. Burke to allow a varianoe of 6' for the rear setback and 17' for the side yArd setback for property located at L , B3 Hillcrest Courts 3rd Addition. John Burke was present to request the 6' variance to build a garage onto his home. He cited three reasons for this request; (1) they now have a tuck- under garage and want to convert this space into a game room, bedroom and third bathroom; (2) the garage now is unappealing; and (3) the tuck-under type garage has energy disadvantages. BOARD OF APPEALS AND ADJUSTMENTS -3- March 20, 1980 Sandviok asked if Burke had talked to the neighbors about the proposed garage addition. Burke replied yes, to the immediate neighbors, and there were no objections. Burke further explained that the elevation of the house was such that only the neighbor to the west would see it. The house is set back on the lot more than the other homes on the block. Lynch pointed out that the variance and setback averages 65' on this block, which is long. Jullie explained that this is due to extra wide right-of-way (from the street not property line). Dickey said the only neighbor on the entire mailing list who would be visually affected is Mr. George Gernandt, 16220 No. Hillorest Court. Burke said he personally showed Mr. Gernandt his plans and he had no objections. MOTION: Lynch moved to accept variance request of 6' for the rear setback and 17' for the side yard setback for property located at L8, B3 Hillcrest Courts 3rd Addition. This is one of the largest mailings he has ever seen and as long as there is no opposition the request should be granted. The setback seems unusually long compared to others. Krueger seconded the motion and it carried unanimously. DISCUSSION: Sandvick said as long as the neighbor most visually affected, Mr. Gernandt, is not present to oppose, the request should be accepted. 6. Other Business Jullie mentioned there are 3 house moving permits coming up. 7. Krueger moved, seconded by Dickey to adjourn at 8:10 P.M. Motion carried unanimously.