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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 09/27/1993 - Special APPROVED MINUTES SPECIAL MEETING OF BOARD OF ADJUSTMENTS AND APPEALS MONDAY, SEPTEMBER 27, 1993 7:00 P.M. , CITY HALL NORTH CONFERENCE ROOM, 7600 EXECUTIVE DRIVE EDEN PRAIRIE, MN 55344 BOARD OF APPEALS MEMBERS PRESENT: WILKUS(Chairman) , ANDERSON, DYE, WEEKS STAFF PRESENT: JEAN JOHNSON, PLANNING DEPT. BOARD MEMBERS ABSENT: WEEKS, ARGUE, LYNCH I. CALL TO ORDER -- ROLL CALL - PLEDGE OF ALLEGIANCE Chairman Wilkus called the meeting to order at 7:00 P.M. Roll call was taken as noted above. II. APPROVAL OF AGENDA Anderson moved and Weeks seconded to place under new business the item for resetting the November 11, 1993 meeting date to a different date so there would be no conflict with Veterans Day. Motion carried unanimously III. MINUTES OF SEPTEMBER 9 1993 MEETING MOTION: Anderson moved and Weeks seconded to approve the minutes as submitted. The motion carried 3-0-1 with Dye abstaining. IV. VARIANCES A. Request #93-43 by Lee and Peg St. Clair of 15816 Park Terrace Drive for approval to place a home at a 30 foot front yard setback (average is 39•) , and at an 80 foot setback to Purgatory Creek (City Code minimum is 100 feet) . • Peg St. Clair gave background information to the Board that she and her husband purchased the lot in May of 1993 . The purchase was conditioned upon soil borings and being able to build the home of their choice. They believed that this wide 1 i • Minutes Board of Adjustments & Appeals September 27, 1993 lot would adequately provide room for the home they had designed. The topo on the lot is very abrupt, dropping off to the creek in the back yard. This in itself causes one hardship; and the creek juts into the lot and is closer to the building pad than what it is on other lots in the subdivision. She further mentioned that the lot has many trees, and they will be keeping as many as possible. She illustrated for the Board the porch location and the deck to the left of the porch which will be 80 feet back from Purgatory Creek. Jean Johnson then reviewed the history of the neighborhood. The neighborhood was platted in 1960 and the zoning is R1-22. The Shoreland Ordinance was not in effect at the time that these homes were constructed. Some of the homes in the neighborhood are closer than the 100 foot setback. The applicant's request of an 80 foot setback could be modified if the porch is put to the left and the deck is eliminated from the plan. The proponent does not like this alternative because the porch then will block views of the woods from the family room. Mr. Weeks inquired about relocating the porch and the possibility of having a door entrance from another room, thus eliminating the shoreland variance. Peg St. Clair stated that they do not wish to block the sunlight to the family room nor the views of the woods in the backyard. She felt this would be disruptive to the floor space they have planned. Mr. Doug McShane, 6625 Rainbow Drive, asked whether or not this house could be set on this lot and fit into the neighborhood. Peg St. Clair showed the site plan to the neighbor and described how the house would fit on the lot and meet the minimum 30 foot setback required by Code. MOTION: Having no further comments or questions, Weeks moved to approve the variance request for a 30 foot front yard setback and an 80 foot shoreland setback with the hardship being: the pre-existing conditions of the lot, the topography, and the limiting setbacks which preclude the construction of a house on this lot. He further noted that the Shoreland Ordinance had come into affect after the subdivision was approved. • Mr. Dye seconded the motion and the motion carried 4-0. 2 • Minutes Board of Adjustments & Appeals September 27, 1993 B. R.ecruest #93-44 by Charles and Susan Wunderlich of 11360 Windrow Drive for approval to construct a 12, x 161 deck 14 feet from the rear lot line. Mr. Wunderlich presented his background letters to the Board. He summarized the letters and stated that the rotting deck, which measured 12' x 121 , had been removed because it was unsafe to use. He did not want to change the access door to the deck and therefore, wants to build the deck in the same location but at a larger size of 12' x 161 . He reviewed the distances that he will be from the other homes in the neighborhood. He noted that there is a Preserve outlot between his rear yard and the rear yards across the woods. He said that he had made all the neighbors aware of his request, and that he has found not opposition. Mr. Wunderlich felt that the way the rear lot line comes closer to the house at the right side, creates a hardship for him in building a deck of an adequate size. • Jean Johnson reviewed the Staff Report information. The subdivision is in the Preserve, and it was platted in the mid- 19701s. The minimum rear yard setback is 20 feet. The applicant desires to reconstruct a deck and have the dimensions 12' x 161 . This will create a 14 foot rear yard setback versus the 20 foot required. An alternative the Staff has outlined would be that the deck be built 12' x 161 , with the sixteen foot length going across the back of the house. No variance would be needed. The applicant has indicated to Staff that this option has been reviewed, but because it blocks the natural sunlight into the lower level, it was not selected. Johnson noted in normal situations in the R1 District, there is a minimum of 40 feet between the rear lines of residential units. In this instance, because of the outlot between the homes, there will be approximately 100 feet between the proposed deck and the rear line of the adjacent home. Ms. Anderson inquired about other variances in this area, and stated that she is unsure of the hardship that exists for this request. The applicant located a 3-season porch very close to his that had been reviewed by the Board in previous months. • Mr. Weeks was not sure that the extra size on the deck was needed in this instance. Mr. Wunderlich noted that if his lot line did not come closer on the rear right-end than it did on the left end, he would not need a variance, and it's because 3 • Minutes Board of Adjustments & Appeals September 27, 1993 of this, and because of the rotting deck, that it has created a need to request this variance. A Rachel Saddleman spoke to the Board, and she noted that as a neighbor she has no objection to this request, and stated Mr. Wunderlich's deck will be a lot smaller than most decks and porches in the area. Mike Wilkus noted that this lot configuration is different than other lots in the area. Mr. Dye asked if the 12 ' x 16' deck with the 16 foot dimension across the back of the house would require a variance. Jean Johnson responded, no. Mr. Dye then noted that he could understand why a person does not want to block sunlight into the lower level. MOTION: Mr. Dye moved to grant the variance request, with the hardship being, that to construct the deck in the horizontal line across the back of the house would block natural sunlight, and that the back property line relative to the house limits construction in the back yard. Discussion continued on the variance and what type of hardship exists for this request. After deliberation, Anderson noted that the request does fall under the intent of the Code, because of the considerable distance there will be between this home and the rear line of the other homes. She suggested amending the motion to include this notation. Dye accepted the amendment. Anderson seconded the motion. The motion carried unanimously. V. OLD BUSINESS The Board discussed the need they have for a joint meeting with the City Council to discuss variance requests, hardships, etc. . . It was recommended that the Board submit a letter to the City Council requesting such a meeting. . VI.NEW BUSINESS Jean Johnson noted that the regular scheduled November 11, 1993 meeting falls on Veteran's Day. It will be necessary to 4 J Minutes Board of Adjustments & Appeals September 27, 1993 have this meeting rescheduled. The Board reviewed possible dates and settled on Tuesday, November 9, 1993, at 7:30 at the City Hall for their November meeting. MOTION: It was moved by Anderson and seconded by Weeks that the November 11 meeting be rescheduled to Tuesday, November 9, 1993 at 7: 30 at City Hall. The motion carried unanimously. VII. ADJOURNMENT MOTION: Dye moved and Anderson seconded to adjourn at 8: 10 p.m. . Motion carried. Respectfully Submitted, Jean Johnson, Zoning Administrator 5