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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 09/09/1997 APPROVED MINUTES BOARD OF ADJUSTMENTS AND APPEALS THURSDAY, OCTOBER 9, 1997 7:30 P.M. CITY CENTER COUNCIL CHAMBERS 8080 MITCHELL ROAD BOARD OF APPEALS MEMBERS: Chair Kathy Nelson, Cliff Dunham, Delavan Dye, William Ford, Louis Giglio, Matthew Hansen, Michael O'Leary STAFF LIAISON: Steve Durham, Zoning Administrator Elinda Bahley, Recording Secretary MEMBERS ABSENT: None CALL TO ORDER Chair Nelson called the meeting to order at 7 : 30 p.m. ROLL CALL All members were present. I. APPROVAL OF AGENDA MOTION: Dye moved, seconded by Dunham, to approve the agenda as published. Motion carried 7-0. II. APPROVAL OF MINUTES - September 11, 1997 MOTION: Dye moved, seconded by Giglio, to approve the minutes of the September 11, 1997 Board of Adjustments and Appeals meeting as published. Motion carried 7-0. III. VARIANCES A. Request #97-15 by Doug and Nancy Heltne for property located at 6941 Beach Road, Eden Prairie: 1. To permit the construction of a single family home 79 , from the Ordinary High Water Level of Bryant Lake. (City Code requires a shoreland setback from the Ordinary High Water Level of 100' . ) BOARD OF ADJUSTMENTS AND APPEALS MINUTES October 9 , 1997 this point. Durham reviewed the staff report and noted the property is located in the Cove Addition and is zoned R1-22 . Most of the homes in the Cove were constructed in the 1960 ' s prior to the City' s Shoreland Code regulations. Letters have been sent to the DNR notifying them of the variances requested and there was no reply. However, there are concerns from the neighbors to the south. Staff discussed alternatives with the applicants architect prior to coming to the Board about placing the house in different positions to lessen the variance or design the house to completely meet Code. The applicant preferred coming to the Board. Hansen asked what the distance is to the lake from the existing home. Durham said the existing home is 86 feet from the Ordinary High Water Level but the deck on the existing house was 74 feet from the Ordinary High Water Level. The distance from the lake to the proposed home is 79 feet including the deck. The public hearing was opened. Mrs. Molde, residing at 6961 Beach Road, noted they live in the house to the south in lot #18 . She said they will be glad to have new neighbors because the house has been vacant for a while. The plans look beautiful but her concern is with the variances. She was concerned that the variance would impact their views of the lake from the north side of the house. Each foot that is granted in the variance towards the lake will impact their view to the lake on that side. They did not oppose them going closer to the street because it does not impact them. It would not impact anyone because there' s a large pond there. They would prefer the setback to be kept at 100 feet and go closer to the road in the front. Carolyn Bjelland, 6881 Beach Road, noted they live three doors down from the home to be built. She 3 BOARD OF ADJUSTMENTS AND APPEALS MINUTES October 9 , 1997 Nelson commented the deck is sticking out quite a bit beyond where the house sticks out. She said there is a large space to the north and they could put a sizable deck there which would still face the lake and be accessible from the current door by just going straight across . This would also minimize the variance going out toward the lake. Atkinson said they did consider this but they prefer the deck off the family room rather than wrapping around the house. Nelson stated a two car garage would take them from 79 feet back to 91 feet and with the deck out eight less feet, they would only need a one foot variance. Also, by cutting the bedroom back a foot it would be 100 feet out from the shore without significantly changing the house plans. Dunham commented it ' s a tough building site based • on the topography of the buildable area especially with the placement of the home which compounds the issue. He was comfortable with the 90 foot lake side versus the 79 feet and there would be no visual obstruction to anybody. Ford agreed with Dunham and noted moving the house to the north, eliminating the third garage and have 90 feet away from the lake is fine. Giglio was comfortable moving the house closer to the street. He suggested shaving only three feet off the deck and getting the house 94 feet away from the lake. He would like to see a six foot variance instead of a 10 foot variance. Hansen said he would not be able to support anything that would put a proposed house closer to the lake. He supported moving the house back a couple of feet to an L-shape staying away from the lake and only asking for one variance in the front. He noted it ' s more valuable in the rear than the front. O'Leary was in favor of having the house moved more 5 BOARD OF ADJUSTMENTS AND APPEALS MINUTES October 9 , 1997 setback of 101 . Gina Seeling, 6895 Jeremy court, reviewed their variance request for a bathroom renovation for their existing home. They proposed to bump out the existing wall to give them more space to allow them to include a sauna in the master bath which would be for health purposes. They have spoken with their neighbors and there were no objections . Paul Seeling presented photographs depicting the views to the neighbors . Dunham asked if the house is a two story house. Durham said it ' s a slit level with a split entry, so it ' s a story and a half. Hansen asked if there was a drainage swale between the two homes and if it ' s going to be effected at all . Mr. Seeling said there is drainage but it will not be effected. It pretty much runs down the fence line. Hansen asked if they looked at any other options . Mr. Seeling explained the other options they looked at and why they were not feasible. They considered expanding out the back of the home but the plumbing facilities are located at the center of the home. Nelson asked what would be under this area. Mrs . Seeling said it would be a storage room for firewood or bicycles.. This area will be accessible from the outside and not from the inside. Durham reviewed the staff report. Notices were sent to the neighbors and staff received no letters or comments . The public hearing was opened. The public hearing was closed. MOTION: Dye moved, seconded by O'Leary, to approve Variance Request #97-16 and the hardship is this was the only logical place to extend the bathroom 7