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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 10/14/1982 APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, OCTOBER 14, 1982 7:30 PM, CITY HALL BOARD OF APPEALS MEMBERS: 'Chairman, James Wedlund, Richard Lynch, Ron Krueger, Roger Sandvick, and James Dickey BOARD STAFF: Wayne Sanders, Building Official and Lynda Diede, Recording Secretary ROLL CALL: Roger Sandvick was absent. I. MINUTES A. Minutes of September 9, 1982 renular meeting. MOTION: Lynch moved, seconded by Krueger, to approve the Minutes of September 9, 1982. Motion carried unanimously. B. Minutes of September 15, 1982, rescheduled meeting. MOTION: Dickey moved, seconded by Lynch, to approve the Minutes of September 15, 1982. Motion carried unanimously. C. Minutes of September 20, 1982, rescheduled meeting. MOTION: Wedlund moved, seconded by Dickey, to approve the Minutes of September 20, 1982. Motion carried unanimously. II. VARIANCES A. Request #82 26, submitted Dr)vMichael re Zimmerman, uest is for �aroperty located at 8217 Hills from the existin avers e front and setback re uestin a variance for 13.5 feet. Zimmerman stated that he has a tuck under single garage which he would like to expand to a double, with a roofed walkway. Sanders remarked that presently the house is 61 ' from the curb. Zimmerman would like to bring it down to 41 ' . Lynch inquired if his intention is to use the space for living space. Zimmerman replied that it would be for a workshop and storage. Dickey asked if it would be done in masonite and if the painting and staining would be done himself. Zimmerman replied that he would paint it the same as the house. The brick would match the fireplace. He displayed a photo for the Board to look at. Lynch inquired if he had considered building to the side. Zimmerman responded that he had thought of it; it was in his initial plan, but it was more logical to come forward. -2- Board of Appeals and Adjustments October 14, 1982 Dickey asked if neighbors had been spoken to. Zimmerman replied yes; there were no negative comments. Wayne Pearson, 8209 Hillside Drive, has a home almost identical to Zimmerman's. He stated that he would like to do the same addition on his home in the future. MOTION: Lynch made a motion to approve Variance Request #82-26, submitted by Michael F. Zimmerman. His findings are: It seems to be a reasonable request. It is not unlike several other variances that have been granted on 2 acre lots that have a tuck under garage. There is no indication that neighbors have problems. Krueger seconded the motion. Motion carried unanimously. They have one year to exer- cise the petition. B. Request #82-27, submitted by Richard Wilson Builders, for property located at 7610 Heritage Road. The request is for a variance from Ordinance #135, Subd. 2.2c, to allow a front yard setback of 36' . Richard Wilson, contractor, stated that he has constructed the home and sold it to Rod Olson, who was also present. He was not aware of the ordinance when he built the home. Wedlund inquired if someone from the City hadn't come out to check the stakes. Sanders stated that the City comes out after the basement is • dug; they don't check previously. Lynch inquired how this was discovered. Wilson stated that they were checking on the covenants and the City caught it. Sanders explained that there is nothing on the two adjacent lots. The inspector could not just look at the adjacent lot and see that it was off. The mistake came from not having in the office a record that could be referred back to and to see what the setbacks are. Lynch stated that when a person makes an application for a building permit and has a survey of the property, it would be a simple deduction to see if the home has proper setbacks. Wedlund indicated that Wilson got his permit, built his house, sold it, and then got penalized for $25.00 from the Board. Sanders felt we could create a bookkeeping system where we could look it up. Also, the surveyor could look down the block and if he sees some that are different, he should pay attention to it. Krueger stated that every subdivision has a different setback. Lynch said it is hard to put fault anywhere; we may have to look at the ordinance. Sanders asked Wilson if he was aware the house down the block had a greater setback. Wilson stated no, it was not noticeable. -3- Board of Appeals and Adjustments October 14, 1982 Sanders said one of our biggest ways to detect the major part of it would be to insist on side lot stakes. The inspector can look down the street and detect it if something is wrong. MOTION: Wedlund made a motion to approve Variance Request #82-27, submitted by Richard Wilson Builders. He feels that to deny Wilson the request would be a great injustice. The hardship created by denying the request would be great. Wilson is an innocent victim of the situation. Dickey seconded the motion with the stipulation that on the second parcel of property, some amendable decision must be made between Wilson and Sanders. Motion carried unanimously. They have one year to exercise the petition. C. Request #82-29, submitted by John T. Golle, for property located at 7039 Willow Creek Road. The request is for a variance from Ordinance #135, Subd. 2.2c, to allow a building to have a frontyard setback that is less than the average existing setback. Golle stated that his home is built on a two acre lot. The builder decided to change the house to get a better view and build it up 6' . From the street grade to the house there is an incline of 30' . The garage is virtually unusable in the winter. He would like to build an additional two garages down below. He wasn't sure if this was a frontyard or sideyard setback. Dickey stated that it was a frontyard setback. Golle added that it is on a private drive. The City doesn't maintain it. Lynch felt the builder made a mistake. Golle is not close to a public street. The builder must have made an assumption that the road was a city street. Golle commented that the ground is flat and heavily wooded. If the ground was sunk below grade level of the driveway he would have to resculDture the driveway. The area cannot be seen from the road. Golle stated that his builder was told by the City that a variance was needed. Sanders stated that a setback is expected. Golle added that the garage will have a shake roof like his home, be hidden in the woods, and be attractive. MOTION: Lynch made a motion to approve Variance Request #82-29, to allow the garage to have a 60' frontyard setback. His findings are: It is an architecturally designed building. It matches the other property. It is on a two acre plot of land. There is no opposition from the neighbors. It is not detrimental to the health and welfare of the City of Eden Prairie. Wedlund seconded the motion. Motion carried unanimously. They have one year to exercise the petition. -4- Board of Appeals and Adjustments October 14, 1982 III. ADJOURNMENT MOTION: Krueger moved, seconded by Dickey to adjourn the regular meeting at 8:20 PM. Motion carried unanimously.