HomeMy WebLinkAboutBoard of Adjustments and Appeals - 07/11/1996 APPROVED MINUTES
BOARD OF ADJUSTMENTS AND APPEALS
THURSDAY,JULY 11, 1996 7:30 P.M., CITY CENTER
CITY COUNCIL CHAMBERS
8080 Mitchell Road
BOARD OF APPEALS MEMBERS: Kathy Nelson, (Chair); Cliff Dunham,
Delavan Dye,Matthew Hansen, Corrine
Lynch,Louis Giglio,Tim Nelson
STAFF PRESENT: Scott Kipp, Senior Planner and
Recording Secretary
CALL TO ORDER-ROLL CALL - PLEDGE OF ALLEGIANCE
Acting Chairman Dunham called the meeting to order at 7:30 p.m. Kathy Nelson, Louis Giglio,
and Tim Nelson were absent. All other members were present.
• I. APPROVAL OF AGENDA
MOTION: Hansen moved that the Board approve the Agenda as published. Dye
seconded the motion and it carried 4-0-0.
II. MINUTES OF MAY 9, 1996 MEETING
MOTION: Dye moved that the Board approve the Minutes of the May 9, 1996 meeting.
Seconded by Hansen and the motion carried 4-0-0.
Dye stated that Giglio took office that day, and Tim Nelson did not.
III. VARIANCES
Dunham explained the order of the Variance presentation process to those in attendance.
A. Request#96 12 by John and Kristin Joseph for 16784 Whittington Walk for
side yard setback of 5.5 feet for a total combined side yard setback of 18 feet.
(CijX code permits a minimum of 10 feet on one side with a total minimum
of 25 feet for both sides.)
John Joseph explained he and his wife's time of residence in Eden Prairie, and their
involvement in the community.
• Joseph went over the proposal to add a walk-in closet to the east side of the house.
He stated that the hardships for granting the variance included the fact that he and
his wife needed to store garments on the lower level of the home,which required
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July 11, 1996
Page 2
many trips up and down the stairs. In addition, it would be difficult to construct
the addition on the rear side of the house, since it is a walkout design, and the
addition is on the upper floor.
Joseph explained that the resultant setbacks would be 5.5 feet on one side, for a
total of 18 feet for both sides with the addition. He used photographs to explain
the variance request, including the relative distance that would be maintained
between his home and the immediate neighbor.
Joseph said he tried to make contact with his neighbor to explain his proposal,but
was unsuccessful in that contact.
Lynch asked if site drainage would be maintained if the variance were approved.
Joseph said yes,that any additional grading to accommodate the side swale would
take place. Lynch asked if he considered building the addition on the front of the
home. Joseph said yes,but that an existing bathroom would separate the closet
from the bedroom.
Kipp went over the Staff Report. He added that two residents inquired about the
variance without objection.
• Hansen asked if expansion of existing closet space was evaluated. Joseph said yes,
but that existing room dimensions and furniture layout was prohibitive. Hansen
said he was concerned if the only hardship is based on having to go to a different
part of the home to get to clothing.
Dunham opened the public hearing.
Torn Heelan, 16795 Whittington Walk, spoke in favor of the variance. He said the
Joseph's were great neighbors and civic volunteers in the community. Adding that
he would hate to see them move because of the need for additional closet space.
Dunham closed the public hearing.
Lynch said she supports the variance because having to travel to a lower level for
garments is a hardship.
Hansen said civic volunteerism is very important, but that the Board needs to look
at the specifics of the variance request.
Dunham said he was not objectionable to the request.
• MOTION: Dye moved to approved Variance#96-12, with the hardship that other
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July 11, 1996
Page 3
reasonable alternatives do not exist. Seconded by Lynch with a friendly
amendment to condition the approval on maintaining proper site drainage.
The motion carried 3-1-0, with opposition by Hansen.
IV. OLD BUSINESS
There was no old business.
V. NEW BUSINESS
Kipp stated that there were no items scheduled for the August 8, 1996 meeting at this
time. He said the September meeting may have up to four variances proposed.
Dunham inquired if the proponent for Radiator West appealed the Boards decision at the
City Council. Kipp said no. He said that an inspection of the site revealed that the
proponent has already removed two of the storage units from the property, as required by
the variance.
Hansen asked if the residents in opposition to the Lakeview Office appealed the Boards
decision at the City Council. Kipp said they could not formally request appeal of the
variance,but could request the Council to reopen the discussion. The neighbors did
request that the Council take that step, but the Council would not reopen the debate and
gave final approval to the project.
VI. ADJOURNMENT
MOTION: Dye moved the Board adjourn. Seconded by Hansen and the motion carried
4-0-0. Meeting adjourned at 8:15 p.m.
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