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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 01/11/2001 APPROVED MINUTES BOARD OF ADJUSTMENTS & APPEALS THURSDAY,JANAURY 11, 2001 7:00 P.M. CITY CENTER Council Chamber 8080 Mitchell Road BOARD: Cliff Dunham, Chairperson; William Ford; Louis Giglio; Ismail Ismail and Michael O'Leary STAFF: Jean Johnson, Zoning Administrator Carol Pelzel, Recorder STUDENT AT LARGE REPRESENTATIVES: Amanda Mount, Shang (Steve) Wang GUESTS: Archie Zahler, 9991 Dell Road; Gary Stevens, 17650 Flying Cloud Drive CALL TO ORDER Chairperson Dunham called the meeting to order at 7:05 p.m. Dunham welcomed and introduced the Student at Large Representatives in attendance at this meeting. ROLL CALL—PLEDGE OF ALLEGIANCE Present: Cliff Dunham, William Ford, Ismail Ismail and Michael O'Leary Absent: Louis Giglio I. APPROVAL OF AGENDA Motion/Second: Ismail/O'Leary, to approve the agenda as presented. Motion carried, 4-0. II. APPROVAL OF MINUTES Minutes of December 14, 2000 Motion/Second: Ismail/O'Leary, to approve the December 14 minutes as presented. Motion carried 4-0. Minutes Board of Adjustments &Appeals January 11, 2001 III: VARIANCES A. Request#2001-01 by James Zahler for 9991 Dell Road for approval to construct a new home (existing homes and garages will be removed)having a front setback of 30 feet (Code requires 50 feet) and a side setback of 30 feet(Code requires 50 feet) one side; and a total for both sides of 133 feet (Code requires 150 feet). Archie Zahler, 9997 Dell Road, explained that he is appearing before the Board on behalf of his father James Zahler. He further explained that it is his father's intention to remove all of the existing buildings at 9991 Dell Road and to construct a new 2,700 square foot home plus a garage. Zahler displayed a site map showing the property lines of the site and the location of the proposed house with the requested variances. The proposed variances will allow for future development of another home to the east of the proposed home. Ismail said it appears that they are proposing a new driveway. He asked what would happen with the existing driveway. Zahler responded that it would remain and that it now runs down from the west side of the existing house to Dell Road. The new driveway will come down Turnbull Road,which is a private drive. Ford asked if the zoning of this property were changed, could additional houses be added to this site. Zahler explained that they probably would be able to add only one additional house because of the topography of the land and still meet existing property lines and setbacks. Dunham asked why they decided to orient the garage to the back of the house. Zahler said that this house will sit up on a hill and will overlook the river valley. The proposed placement for the garage will give them a clear view of the river valley. Zahler explained that they did do extensive soil testing for a new septic system. Dunham asked the applicant if they would be able to wait to construct this home until City sewer and water became available. Zahler stated his parents want to move and the lot is available now. Johnson presented her staff report stating that this property was part of a 20-acre track of land. This property received a Rural lot size variance in 1987,when 3.7 acres was divided off of the 20 acres. The 16 acres were never built on and a number of years later the City did purchase the vacant parcel for the Riley Creek Conservation area park. Johnson explained that the requested variance would be consistent with future RI zoning. Should the landowner rezone the property, it appears that there would be another buildable site. The east part of this property would allow for construction of another home when sewer and water is available. Also, the proposed variance does meet the Shoreland requirements. This is a heavily wooded site and the proposed owners have taken care in siting the home so a minimal number of trees are removed. Johnson further explained that there is existing access to Dell Road and they also have an option for a driveway off of a private road that serves about half a dozen homes. She 2 Minutes Board of Adjustments &Appeals January 11, 2001 stated that should the Board decide to approve this request, staff is recommending that conditions be placed on the approval. The first would be that all Shoreland requirements be maintained as proposed and that the owner submit ingress/egress documents for the new driveway prior to issuance of the building permit. Ford asked if the private driveway requires access to other landowner's property. Zahler explained that he owns five acres to the south and they are purchasing the access property that is 30 feet wide. Zahler indicated that they could pull the driveway closer to the house if the planned driveway does not work. Ford asked if shifting the house to the west is a preference of City staff. Johnson explained that City staff did review the location for the new house so subdivisions of this property does not require future variances. In response to a question from Ford, Johnson explained that rezoning of this property would not be entertained until City sewer and water is in place. It was further noted the placement of the proposed house (same as the existing) does reduce tree loss and grading impacts to the property. Ismail expressed concern for the number of trees that would have to be removed. Zahler stated that the number of trees being removed would be very minimal. Johnson pointed out that 10 or 12 small trees will be removed for the drain field. She pointed out that this lot has hundreds of trees. Dunham opened the public hearing. Gary Stevens, 17650 Flying Cloud Drive, said he is not opposed to the request and feels the development will be a great addition to the neighborhood. He asked if the City has any plans to upgrade Dell Road. Johnson suggested that Mr. Stevens contact the City Engineer. Dunham closed the public hearing. Ford said if the applicant is requesting this variance so that the property might be subdivided in the future, he is not sure it is a valid basis for asking for a variance. Dunham noted if the applicant were looking at subdividing this property he probably would place the house in a different orientation than what is being proposed. It appears the applicant is doing everything possible to not destroy trees and to take advantage of the views. Ismail said he would vote in favor of this request because it will be a great improvement to this property. O'Leary said he likes the fact that the applicant dealt with the City and the City suggested looking toward the future even though the current owner may not subdivide the property. O'Leary said he thinks there are a lot of good reasons to approve this proposal and the existing structures on the property are eyesores and should be removed. The plan utilizes the same location as the existing building, thereby reducing tree removal and grading. 3 Minutes Board of Adjustments &Appeals January 11, 2001 Motion/Second: Ismail/O'Leary, to approve Variance Request 2001-01 to remove existing house and garages and construct a new home with setbacks of 30 feet for the front and side setbacks of 30':133' with the following conditions: 1. Owner submit ingress/egress document for the new driveway prior to issuance of the building permit. 2. Construction adhere to all Shoreland requirements for setbacks,minimal tree removal, etc. as depicted on the plan dated December 13, 2000. The stated hardship is the given size of the parcel, the large setbacks of the Rural District and the siting of the house to reduce tree removal and grading. All members present voted aye except Ford who voted nay. The motion carried, 3-1. IV. OLD BUSINESS V. NEW BUSINESS Johnson reported that there is one item to be considered at the February 8 meeting. VI. ADJOURNMENT Motion/Second: Ford/Ismail, to adjourn the meeting at 7:45 p.m. Motion carried,4-0. 4