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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 01/17/1980 APPROVED MINUTES iEDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, Jan. 17, 1980 7:30 PM, CITY HALL MEMBERS PRESENT: Chairman James Wedlund, James Cardinal Roger Sandvick, Richard Lynch (arrived 7:50), and Ronald Krueger MEMBERS ABSENT: None STAFF PRESENT: Carl Jullie, P.E. Director of Public Works and Sharon Gagnon, Recording Secretary CALL TO ORDER - ROLL CALL 1 . Minutes of November 15, 1979 regular meeting. Krueger moved, seconded by Cardinal , to approve the minutes of November 15, 19719 regular meeting. Motion carried unanimously. 2. Minutes of November 29, 1979 special meeting. Pg. 1 , Item 1 , sent. 6, correct spelling subsequently. • Cardinal moved, Krueger seconded, to approve the minutes of November 29, 1979 special meeting as published and amended. Motion carried unanimously. 3. Variance Request #80-1 submitted by Winkelman Builders, Inc. for a variance of 4' from the side yard setback. Grant Lindaman representing Winkelman Builders, Inc. , explained that a problem existed between his survey and the block crew and the result was the building is too close to the lot line. The building on the next lot (to the north ) is placed to the opposite side of that lot. Sandvick questioned if the original survey was within the limits. Lindaman answered that it was but the problem became apparent after the blocks had been laid. Wedlund asked how much of the building was built. Lindaman replied that it was almost completed. They stopped working on the building as soon as they discovered the error. Krueger asked if the placement of the building was due to a lower part toward the back of the lot. Lindaman noted that they had filled in the lot so they did not consider this in the placement of the building. Cardinal questioned who the owner of Lot 10 was. Bd. of Appls & Adj -2- Jan. 17, 1980 • Lindaman answered that it was David Williams who is in favor of the granting of the variance. He said Williams will be sending a letter of approval . Lindaman noted that he also contacted Dennis Dirlam and he was not opposed to the variance. Lynch arrived at 7:50. MOTION: Cardinal moved, seconded by Krueger, to approve Variance 80-1 since other similar variance requests have been brought before the Board and were granted with the findings that it is beyond the time to rectify the problem. This granting will not cause any hardship to the health and welfare of the community including the neighbor. Wedlund, Cardinal , and Krueger voted "aye", Sandvick and Lynch abstained. Motion carried. DISCUSSION: Sandvick pointed out that he felt this was an honest error but that these requests have come before the Board several times and felt there should be more scrutiny and observation from the Building Department for rules in the field. He questioned Jullie if the City Inspector uses a tape to measure when he goes out. Jullie said the Building Department has a footing inspection and if something is wrong it is corrected at that time if possible. The City issued over 500 permits last year and mistakes can happen with that number. Cardinal noted that if the mistake was caught at the footing inspection the • building could be stoppped and a variance applied for at that time rather than when the building is almost complete. Wedlund wanted it noted that it was the builder himself that caught the error and brought it to the attention of the Building Department. Krueger said that the stakes sometimes get removed during the project. Lindaman felt that this could be part of the problem especially since they had filled in the swamp hole to the rear of the lot. 4 .Varian_ce Request #80-2 submitted by Joy Carol Klemp and Karen M. Lahr to allow a 13' variance for the rear setback to build a porch. Joy Carol Klemp and Karen M. Lahr, owners of a townhouse at 8771 Basswood Rd. explained that they wanted to add a porch to the back of their townhouse. They received approval from the Basswood Townhouse Assoc. This porch will be placed on the existing patio slab. There are woods behind them and approximately 150' to the next building. Wedlund questioned if there was a deck over the porch. Lahr said they were installing a sky light so they would not use it as a deck. They wanted the sky light installed since they felt it would be an energy saving feature since it would allow the room to be warmed from the sun and • create light in the room. Cardinal asked if the patio doors on the upper floor would be sealed. Bd. of Appls & Adj -3- Jan. 17, 1980 • Lahr said they planned to use the doors for circulation in the adjacent bedroom and for cleaning the sky light. Wedlund questioned the size of the deck. Lahr said the present size is 3-4' out but they would have it the same size as the porch. They would keep the same railing around the deck since they felt it would be esthetic with the other units. MOTION: Cardinal moved, seconded by Lynch, to approve the variance since the facts presented are reasonable and the Townhouse Association had approved the plans. There is no adverse feeling by the neighbors and there will be no harm or hardship to the community. The sky light would be considered a benefit in the creation of heat for the porch. Motion carried unanimously. DISCUSSION: :Sandvick questioned Klemp and Lahr in regard to how they felt if this was a beginning of something and the effect from the neighbors. Klemp and Lahr said they had discussed this and felt it would be alright as long as it would be done with good construction, get the approval from the Townhouse Association, and would be esthetic with the present units. • 5. Other Business. None 6. Adjournment. MOTION: Cardinal moved, seconded by Krueger, to adjourn at 8:05. Motion carried unanimously.