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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 08/08/1996 UNAPPROVED MINUTES BOARD OF ADJUSTMENTS AND APPEALS • THURSDAY, AUGUST 8, 1996 7:30 PM, CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Chair Kathy Nelson, Matthew Hansen, Delavan Dye,Tim Nelson,Cliff Dunham and Louis Giglio STAFF MEMBERS: Planner Scott Kipp and City Recorder Barbara Anderson CALL TO ORDER The meeting was called to order at 7:46 pm, due to the late arrival of Board member Tim Nelson. ROLL CALL Board members Dunham, Dahlquist-Lynch and Giglio were absent. I. OATH OF OFFICE New Board member Tim Nelson read the Oath of Office,which was witnessed by staff and Chair Kathy Nelson. II. APPROVAL OF AGENDA MOTION: Delavan moved, seconded by Hansen, to approve the Agenda as published. Motion carried unanimously. III. APPROVAL OF MINUTES OF JULY 11 1996 MEETING MOTION: Delavan moved, seconded by Hansen, to approve the Minutes of the July 11, 1996 meeting of the Board of Adjustments and Appeals. Motion carried unanimously. IV. APPLICATIONS A. Request #96 13 by John and Juli Stockberger at 16232 Baywood Lane for a front yard setback of 14' and a side yard setback of 5' for a garage addition. Code requires a 30' front yard setback and a 10' side yard setback in the R1- 13.5 Zoning District. Proponents John and Juli Stockberger reviewed a letter of intent and outlined the reasons they are requesting the variances, which include preservation of a large maple tree in their rear yard and the topography on the site which makes location of the garage addition in another location difficult. They showed photos of the site with views of the maple tree and the area where they propose to locate the addition. MINUTES OF THE BOARD OF f ADJUSTMENTS AND APPEALS Thursday, August 8, 1996 Page 2 John Stockberger stated the survey shows a 17' addition instead of the 18' addition they originally requested, which would increase the amount of the side yard setback to 6' instead of the 5' indicated in the staff report. The floor plans were reviewed along with a sketch depicting the appearance of the addition when completed. The siding will match the existing siding. Delavan commented it appeared that the dimensions of the garage were 17' which would make it 26' from the curb and 15' from the property line. The width of the garage is 24.75 . Nelson inquired if anything was going to be built over the garage and Stockberger responded negatively. Nelson inquired if the proponents had done a professional survey to determine the exact locations of the lot lines and Juli Stockberger responded that they had used a metal detector to locate the pins,but had not excavated them. Kipp reviewed the staff report and noted that if the Board chose to approve the variances requested, that a condition of approval be for completion of a professional Certificate of Survey for the property to verify compliance with the setback variances prior to building permit issuance. Kipp said there is a 5 foot drainage and utility easement along the side lot line that should not be encroached upon. There are no significant trees which will be lost by the addition. There is an option for the Board . to minimize the size of the addition, thereby decreasing the amount of the variances needed to construct the garage. Nelson inquired what the average length of a garage is usually and Kipp responded that there is usually an average of 20 feet but in this case there is no door so they could get by with 18 feet. Hansen stated that he did not find the reason of a proponent acquiring more stuff, or a third car, therefore needing more room, justification for approving a variance. John Stockberger stated that most homes in his neighborhood have three-car garages, and he also would like additional space to store his boat. Discussion ensued regarding possible alternatives which would allow the proponents to construct the addition but minimize the variances needed. John Stockberger stated that if his variance request was not granted, he would have to consider moving to another location or purchasing a lake home with a garage to provide storage for his boat. Nelson inquired if they intended to stay in this home, and the Stockbergers responded affirmatively,noting this was why they applied for the variance. The Public Hearing was opened. Richard and Debby Hoffman, 16208 Baywood Lane, requested that a professional survey be required if the variances are approved to ensure that the addition does not • encroach into the 5'drainage and utility easement located between their property and that of the Stockbergers. They share a common lot line with the Stockbergers and are the people who would be most impacted by the addition. Delavan inquired if maintaining the 5' setback would be satisfactory, and the Hoffman's responded MINUTES OF THE BOARD OF ADJUSTMENTS AND APPEALS Thursday, August 8, 1996 Page 3 affirmatively, noting that their only concern was that the addition did not affect the drainage easement. The Public Hearing was closed. Delavan stated he wanted a professional survey done for the property to ensure that the drainage easement was not encroached upon and that the side yard setback was actually 5'. Discussion ensued regarding the lack of a professional survey which depicted the actual distances between the existing and proposed buildings. Stockberger stated he was unwilling to invest more money into this project until he knew that the Board would approve the variances for the addition,but that he would be willing to comply with any conditions the Board might place upon such an approval. Kipp noted that because the variance request had been published at a 14' front yard setback and a 5' side yard setback, those were the minimum setbacks that could be approved, and if the proponents could not meet those setbacks they would be unable to obtain a building permit. Therefore,the Board would be setting the parameters. MOTION:Delavan moved, seconded by Nelson,to approve Request#96-13 by John and Juli Stockberger at 16232 Baywood Lane for a front yard setback of 14' and a side yard setback of 5' for a garage addition subject to the stipulations listed in the staff report and based on a professional survey meeting the setbacks as published, prior to any building permit. Motion carried unanimously. V. OLD BUSINESS VI. NEW BUSINESS Kipp stated that as of this date staff has received four variance requests which will be scheduled on the next agenda. He briefly described these proposals. He also discussed a new type of platting used by some developers of condominiums which utilize lots which allow only about 5' around the buildings and utilize the remaining area as open space. Staff has not decided whether to change to code to address this type of platting, since most of them have been done under Planned Unit Developments. VII. ADJOURNMENT MOTION: Delavan moved, seconded by Hansen, to adjourn the meeting. Motion carried unanimously. The meeting adjourned at 8:50 p.m.