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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 08/19/1982 ''APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, AUGUST 19, 1982 7:30 P.M. 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 and James Dickey were absent. I. MINUTES A. Minutes of July 15, 1982, ,regul`ar meeting. MOTION: Wedlund moved, seconded by Lynch, to approve the Minutes of May 20, 1982. Krueger abstained. Motion carried. II. VARIANCES A. Variance Request #82-20, submitted by Don Roderick & Son, for property located at 1 6 Cardina Cree RQa The request is or a variance from Ordinance ; requesting -a deck to- extend into the require setback. Don Roderick was present and reviewed his plans with the Board. He stated that there are streets on three sides of the lot. This is not a normal backyard; it would be a hardship without the deck. If the variance were approved, it would not hinder the view or pose a traffic hazard. Wedlund inquired if they proposed to build a 12' deck. Roderick responded yes, they originally had planned a 16' deck and 4' has been taken off. Lynch wondered if the Cardinal Creek Association has approved the plan of the deck.. Roderick stated yes. Sanders pointed out that the deck wasn't shown on the survey. Wedlund commented that this is a unique situation with this type of lot. He inquired what part of the house the deck would be on. Roderick stated that it would come off the rear of the house. A stairway is planned from the deck to the ground. Lynch inquired if the deck would be above the line of sight. Roderick responded yes. Kevin Kuestler, 13124 Cardinal Creek Road, was also present. His • home was the first one in the second addition. He is concerned that few homes seem to conform to the land and this particular home isn't even sold yet. There doesn't appear to be a strong -2- Board of Appeals and Adjustments August 19, 1982 architectural review. He stated that this problem exists because it wasn't checked out earlier. MOTION: Krueger made a motion to approve Variance Request #82-20, submitted by Don Roderick & Son. He pointed out they have decreased the size of the deck to make it more pleasing to the eye. It was on the original plans approved by the City at 16' . It will in no way harm the residents of Eden Prairie. Wedlund seconded the motion. Lynch voted nay. Motion carried They have one year to exercise the petition. B. Variance Request #82-21 , submitted by Neu-Holmes Concrete Co. Inc. , for property located at 9086 Neill Lake Road. The request is for a variance from Ordinance #135, requesting a deck to remain in the sideyard setback at approximately 3 from the side lot line. Mike Neuharth and Bob Holmes, partners of Neu-Holmes Concrete Co. Inc. , were both present. They put the foundation in July, 1980, and it sat for 12 years with no house on it. The Preserve wanted something built, so in November, 1981 the home was built. Sanders stated that the original plan was to remove the deck from the side and build it on the back. . Neuharth commented that he never had an original set of plans. He got the plans for the foundation from Mr. Kevlin, the previous builder. Bill Decker, 9088 Neill Lake Road, the next door neighbor, stated an agreement has been reached and he has no objections. His garage is adjacent to the deck. A fully mature 16' tree has been selected that will screen the obstruction. MOTION: Lynch made a motion to approve Variance Request #82-21 , submitted by Neu-Holmes Concrete Co. Inc. His findings are: there are a number of errors by several parties involved that led to the actual construction of the deck. Also, the builder has reached an agreement with the next door neighbor. Krueger seconded the motion. Motion carried unanimously. They have one year to exercise the petition. III. OTHER BUSINESS Sanders stated that September 17, 1982, is the final date for the codification of ordinances. The moving ordinance will have deposits required by three parties: 1 ) $1 ,000 from the Mover, as an indemnity for any damage which the City may sustain by reason of damage or injury to any highway, street or alley, sidewalk, fire- hydrant or other property of the City, which may be caused by or incidental to the movement of the building -3- Board of Appeals and Adjustments Apgust 19, 1982 in the City, and for any expense incurred by the City pursuant to Section 7 hereof. 2) $1 ,000 from the Owner of the Lot from which the house is moved, a) Capping the Well b) Abandoning Sewage System, per the Plumbing Inspector. c) Filling the excavations to existing grade, removing all rubbish and materials, leaving the premises in a safe and sanitary condition. 3) A cash or cashiers check from the owner of the house. This fee to be established by the Board of Appeals, for bringing the house up to code. IV. ADJOURNMENT MOTION: Lynch moved, seconded by Wedlund to adjourn at 8:40 P.M. Motion carried unanimously. 1 s