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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 07/15/1982 APPROVED MINUTES ' BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, July 15, 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 Ron Krueger were absent. I. MINUTES A. Minutes of May 20, 1982, regular meeting. MOTION: Lynch moved, seconded by Dickey, to approve the Minutes of May 20, 1982. Motion carried unanimously. B. Minutes of June 17, 1982, regular meeting. MOTION: Dickey moved, seconded by Wedlund, to approve the Minutes of June 17, 1982. Motion carried unanimously. II. VARIANCES A. Variance Request #82-15M, submitted by Donald Atkins, requesting to m6Ve a house to 18375 Pioneer Trail , Eden Prairie, Mn. This was deferred from the June 15, 1982 meeting. This application for a variance has been withdrawn. B. Variance request #82-16, _for a variance from Ordinance #135, submitted by Joyce & Kevin Amsler, located at 15930 Westgate Drive. The request is to build an addition to the house which would encroach into the required 30' front yard setback. Mr. Kevin Amsler was present. He handed out photographs and plans of his proposed addition. An architect and a designer aided him in the designing of the addition. Amsler stated that the floor space would be 16' in length. He will put in 2' x 6' walls. There will be a 2' overhang on the front of the garage. Neighbors on either side have been notified. Amsler remarked that he wanted the room as a den, but that if he chose to sell he would advertise for five bedrooms. Sanders pointed out that you can't go through that many rooms to get to a door. It is a violation of the building code. This concern will be dealt with later. MOTION: Wedlund stated that he doesn't find a lot of fault in a 2' overhang. He made a motion to approve variance #82-16, submitted by Joyce and Kevin Amsler. There is no opposition from the Board of Appeals and Adjustments July 15, 1982 -2- neighbors and it is a reasonable request. This will not be harmful; it will add to the aesthetic value of the neighbor- hood if done properly. Lynch seconded the motion. Motion carried unanimously. He has one year to exercise this petition. C. Variance request #82-17, for a variance from Ordinance #135, submitted by Guy K. Treanor, located at 16117 Valley View Road. The request is to divide the lot into three lots, with lots A & B having less than the minimum requirements of depth and width. Guy Treanor was present and showed his plans to the Board. He intends to sell his 1 .6 acre vacant lot as two lots. There are two sewer and water hook-ups already established. Treanor was advised by a local builder and realtor that there was room for two additional homes. His home has been appraised at between $60,000 and $65,000, including one lot. Wedlund inquired if Treanor intended to develop the lots himself. Treanor replied, no. The property has been up for sale approximately two weeks. If divided, the lots would have 95' front footage. It was deeded as one lot. Sanders pointed out that there are three steps involved inidividing the lot: contact with the Board of Appeals , the City Engineer,regard- ing lot division, and approval of the City Council . Mr. Lahti , a neighbor, residing at 16213 Valley View Road, felt that the front footage would not be consistent with Valley View Road. His property adjoins Treanor's to the west. He has 208' front footage. Pre-fab homes are something that he doesn't want to see put in. Treanor displayed plans of homes that would fit into the lots. Wedlund stated that Treanor isn't going to build, just sell, and he does have a concern as to what's going to be put there. Mrs. Vest, the previous owner, was also present. She holds the contract for deed on the property. Lynch questioned if the assessments had been paid. Vest answered that they went on the tax statement; she is paying assessments for three lots. Mr. John Hockert, 16180 Westgate Lane, inquired as to the value of the homes that might be put in. He does not feel there is room for two add- itional houses on the lot. Lynch was sympathetic to the concern regard- inq the value of the homes, but stated that this is something we can't control . Wedlund expressed concern for the two sewer hook-ups. Someone dictated that this might happen. Dickey cited that Treanor is asking for a 27% variance and this poses a problem for him. ,Board of Appeals and Adjustments July 15, 1982 '-3- MOTION: Lynch made a motion to approve variance request #82-17, submitted by Guy K. Treanor. The lot can be divided into three according to the survey. Potential for water and sewer was recognized by the City. Lots have apparently been sub-divided to the immediate east and also lots immediately to the north. Wedlund seconded the motion. A vote was called on the motion. The motion carried with Dickey voting "nay". DISCUSSION: Mr. James E. Jordan, 16210 Westgate Lane, wondered if a duplex could be considered and if a variance would be required. Wedlund responded yes, a var- iance would be required, but the Board of Appeals does not consider the type of home. Jordan inquired if the neighbors would be notified of further issues. Sanders suggested they keep in contact by calling City Hall in 1z weeks. Wedlund stated the Board of Appeals has given approval , but can't divide property. The City Council will have to weigh the matter. Treanor • will have one year of time to exercise the petition. Wedlund extended a thank-you to the neighbors for their concern and interest. D. Variance request #82-18, for a variance from Ordinance #135, submitted by John and Mary Fabian, located at 13575 James Place. The request is to add a porch which would encroach into the side yard setback a rox- imately one 1 foot. Mr. Fabian was present, and reviewed his plans with the Board. He proposes to add on a 10' x 22' screened porch to his house. Neighbors have been spoken to and there are no objections. Discussion ensued regarding the minimum setback requirements. Wedlund explained that it should be a minimum of 15' . This would be a 66% variance that is being looked at. Wedlund inquired if there are any utility easements. Fabian commented that there is an easement between the lots,, but no utilities are in it. Dickey inquired if Fabian would build it himself. Fabian responded yes,_ he was in the construction business; supervisor of an elevator company. Dickey wondered what type of siding would be used. Fabian said ten, 9" masonite, not wood. The same panelling effect would be used on the sides, front, and rear. Sanders inquired if it would be a concrete floor. Fabian stated no, • a tongue and grove. Sanders explained that a tongue and grove expands tremendously when it's wet. Fabian said he was not proposing glazing. Wedlund asked if there would be plumbing or heating. Fabian replied, no. Board of Appeals and Adjustments July 15, 1982 -4- •He plans to put a door through the living room and a screen door on the back. MOTION: Dickey made a motion to approve variance request #82-18 for a variance from Ordinance #135, sub- mitted by John and Mary Fabian, with the follow- ing findings: 1 . In to improve the home. 2. Used three seasons only. 3. The approval of adjacent neighbors. 4. Similar siding. 5. The lot is properly sloped and drained. 6. No plumbing and heating. 7. Both an inside and an outside entry. Lynch seconded the motion. Motion carried unanimously. The adjacent lot allows for this type of variance. Wedlund stated they have one year to exercise the petition. E. Variance request #82-19M, submitted by Richard Sather, requesting to move a 16' x 16' storage building to 7701 Commerce Way. • Richard Sather stated that he would like to move a building for use as temporary storage. It will be rough cut cedar siding with dark brown, earth tone color. It has a gambrel roof and is in excellent shape. Lynch stated that there is always a problem concerning the materials that buildings are made of. The building is not secure or burglar proof. There could be problem with fire. Sanders inquired if the bottom of the building had been exposed to moisture. The lumber should be treated that sits between the building and the ground. Sather stated that it was sitting on treated 2 x 12's. Mr. M. McMullen, representing the Roth Distributing Company, was concerned about small buildings popping up with no scenery. They would be more protected if permanent. If temporary, trees should be put in. Lynch asked Sather if he could put plantings around the shed. Sather stated yes. He also planned to clean up the lot. Wedlund inquired as to the value of the building. Sather felt it was worth $800 twelve years ago, and is probably worth $2,000 today. MOTION: Lynch made a motion to approve variance request #82-19M to move a 16' x 16' storage building to • 7701 Commerce Way. This should be a temporary permit for five years. Plantings should be put in to enhance the character of the area. Dickey Board of Appeals and Adjustments duly 15, 1982 5- seconded the motion. Motion carried unanimously. Wedlund stated that they have one year to exercise the petition. Sanders pointed out that a permit will be needed to move the building. Public Safety will also need to be notified so an escort can be provided. III. OTHER BUSINESS It was decided that the Board of Appeals will meet on the second Thursday of the month. This will commence in September. IV. ADJOURNMENT MOTION: Dickey moved, seconded by Wedlund to adjourn at 9:40 P.M. Motion carried unanimously. •