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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 12/12/2002 2 � , Approved Minutes Board of Adjustments & Appeals THURSDAY,DECEMBER 12, 2002 7:00 P.M. CITY CENTER Council Chambers 8080 Mitchell Road BOARD: Cliff Dunham, Chairperson; Louis Giglio, Ismail Ismail, Michael O'Leary, Greg Olson Anthony Ramunno and Randy Stroot STAFF: Jean Johnson, Zoning Administrator Carol Pelzel, Recorder GUESTS: Mark Zierden, 6622 Golden Ridge Drive CALL TO ORDER Vice-Chairperson Giglio called the meeting to order at 7:05 p.m. ROLL CALL—PLEDGE OF ALLEGIANCE Present: Louis Giglio, Ismail Ismail, Michael O'Leary, Greg Olson, Anthony Ramunno and Randy Stroot Absent: Cliff Dunham I. APPROVAL OF AGENDA Motion/Second: Ismail/Stroot, to approve the agenda as published. Motion carried 6-0. II. APPROVAL OF MINUTES Minutes of November 14, 2002 Motion/Second: Ismail/Olson,to approve the November 14, 2002,minutes as presented. Motion carried 4-0-2 with Giglio and Ramunno abstaining because of absence from that meeting. III: VARIANCES Request#2002-12 by Mark and Kim Zierden for 6622 Golden Ridge Drive for approval of a 13- foot 5-inch variance from a 30-foot required front yard setback for a garage addition to be 6-feet 7-inches from the front property line. Zierden explained the scope of his project and what he would like to do. The house was built in the 1960's and is a walkout rambler. The previous owner converted the garage into a family room and built a new garage in front with a sunroom in the back. Zierden said they would like to add an entryway and third car stall to their garage. They propose to bring the front of the existing garage out to eliminate a "nose" shaped addition. The applicant stated that his family does need the additional space for storage to eliminate them having to store their things outside and in the house. Zierden indicated that the previous builder who did not like square lots created the hardship. The first 23 feet of his front yard from the street is not his property but belongs to the City. He explained that his original plan was to put the garage on the other side of the house, however, that would also require a variance and an easement. He also explored a land swap with his neighbor but found that would require his neighbor to refinance his mortgage, which he did not want to do. Zierden said he did discuss the addition with affected neighbors and they have no problems with the proposal. He pointed out that his setback will remain equal too or greater than his neighbors. Zierden explained that the hardship is the property line and the unusual shape of the lot. Ismail asked where the main entry to the house would be located. Zierden showed on a map the location of the new ga rage and the covered porch and entryway. Ismail asked if the addition would affect the front of the house. Zierden responded that he is taking the current garage and moving it to the right ten feet and forward roughly eight or nine feet to the side. This will be a single-car garage. The addition will look different,but not hugely different from the existing structure. In response to a question from Giglio, Zierden explained that this is the only option for constructing the addition. If they did build on the side, a variance would still be required. Johnson presented the staff report explaining that this is an older neighborhood with one-half acre or greater lots. The street was rebuilt a couple of years ago with utiliti es in a 50-foot right-of-way. The new street construction is not centered in the right- of-way because of existing trees, homes and topography. Most of the homes in the area have double stall garages. Neighbors have come in to review the plans but have not registered any concerns. Olson questioned the 23-foot right-of-way located on this site. Johnson explained that they had to shift the road to the other side of the right-of-way and the City may still need that right-of-way for future utilities since there is no space available on the other side of the street. Giglio opened the public hearing. Having no one appear, Giglio closed the public hearing. O'Leary said he is not always in favor of granting such a variance, however, with the additional,23-foot right-of-way, the addition would still be set back equal to his neighbors. The addition will add aesthetic value to the home. O'Leary said he sees this addition as being fair and positive. Ramunno said that in looking at the plan the garage is independent of the house. He questioned the hardship in relation to the extra garage stall space. Giglio pointed out that the hardship is the physical character of the property. He indicated that without the 23-foot right-of-way he would not be in favor of this request. Motion/Second: O'Leary/Ismail,to approve Request#2002-12 for approval of a 13- foot 5-inch variance from a 30-foot required front yard setback for a garage addition to be 16-feet 7-inches from the front property line with the hardship being the odd shape of the lot and the right-of-way of the road. Granting of this variance would only be for the garage and an addition above the garage could not be added at a later date. The motion carried, 6-0. OLD BUSINESS Johnson explained that Request#2002-0 4 at 16717 Camborne Place considered in May included a mother-in-law apartment. This project was started about a month ago and does not include such an apartment. The applicant said their plans changed and the addition is now a two-story wood working shop. Johnson indicated that City staff would monitor this location to be sure no business is operated from it. NEW BUSINESS Johnson reported that there are no items scheduled at this time for next month's meeting. ADJOURNMENT Motion/Second: Ismail/Olson to adjourn the meeting. The meeting was adjourned at 7:35 p.m. Approved Minutes Board of Adjustments & Appeals WEDNESDAY, MAY 9, 2002 7:00 P.M. CITY CENTER Council Chambers 8080 Mitchell Road BOARD: Cliff Dunham, Chairperson; Louis Giglio, Ismail Ismail, Michael O'Leary, Greg Olson Anthony Ramunno and Randy Stroot STAFF: Jean Johnson, Zoning Administrator Carol Pelzel, Recorder GUESTS: Lisa Kollander and Larry Olson, 16717 Camborne Place CALL TO ORDER Chairperson Dunham called the meeting to order at 7:00 p.m. ROLL CALL —PLEDGE OF ALLEGIANCE Present: Cliff Dunham, Louis Giglio, Ismail Ismail, Michael O'Leary, Greg Olson and Randy Stroot. Absent: Anthony Ramunno I. APPROVAL OF AGENDA Motion/Second: Ismail/Giglio, to approve the agenda as published. Motion carried 6-0. IL APPROVAL OF MINUTES Minutes of April 11, 2002 Motion/Second: Ismail/ Giglio, to approve the April 11 minutes as published. Motion carried 6-0. III. VARIANCES A. Request#2002-04 by Lisa Kollander and Larry Olson at 16717 Camborne Place for approval for a 16-foot variance from a 30-foot setback requirement for construction of a garage and house addition 14-feet from the front property line (Whittington Walk). Dunham explained that this item had been continued from the April 11 meeting to allow the applicant an opportunity to come up with another plan that would be acceptable to the Board and to have input from affected neighbors. L. Olson explained that their request has been modified from their original request. Originally they were requesting a 16-foot variance for an additional garage and building above that garage. He stated that they are now asking for a 12-foot wide third stall garage onto their existing two-car garage. At this time they are not proposing any structure above the existing two-car garage or above the third-stall. Kollander indicated that rather than build a mother-in-law apartment above the garage they are now proposing to add an additional 12-feet to their existing garage to be used for her mother's car and to build a sta irway from the garage into their existing basement for access to a mother-in-law's apartment. Kollander stated that they need 12 feet to make sure they have enough room to add the stairway into the basement. This appears to be the most feasible and easiest solution. Dunham asked if the applicant has reviewed this new proposal with their neighbors. Kollander responded that they have. They sent out a packet of information including a drawing showing the existing structure and how it would look after the addition. The information also included the setbacks. Kollander said they did speak to the affected neighbors. Ismail asked if they still plan to build on top of the garage. Kollander indicated that they do not plan to do so at this time. They are currently proposing one additional third-car stall. Dunham asked what type of material would be used for the front of the garage. Kollander said they would be using brick even though it will not be a perfect match. The garage does sit back a little so the match will not be that noticeable. Johnson presented the staff report stating that notices were sent to residents within 500 feet of the subject property. City staff has not received any calls or comments on this new request. Dunham opened the public hearing. Having no one appear, Dunham closed the public hearing. O'Leary said he did ha ve concerns with the original request. The applicant was proposing to make some significant changes to the appearance of the house. The new proposal appears to be a very nice attribute to the property and he has no problems with the revised request. Giglio said he agrees. He realizes this is not exactly what the petitioner wanted but it is much more in character with the neighborhood. Ismail said he feels the applicant did a good job in coming back with these changes and he personally does not see any problem with what was presented this evening. Motion/Second: O'Leary/Giglio, to approve vari ance request#2002-04 for a 12-foot wide garage addition 18 feet back from the front property line abutting Whittington Walk with the stipulation that no living space be constructed above the garage addition with the hardship being the usual complexities of a corner lot. The motion carried 6-0. B. Request#2002-05 by the City of Eden Prairie for approval to allow a ca. 1850's his toric log building to be moved to Riley Lake Park. The proposed location is at the northwest side of the historic Riley-Jacques farm site. The log building is approximately 900 square feet in size. The future use of the building is for historic restoration and interpretive purposes. Johnson reported that John Gertz, the City's Historic Preservation Specialist, was unable to attend this meeting so she would be presenting this item. She explained that Dan Herbst, President of Pemtom Land Company, has offered to move and restore for the City use of a ca. 1850's log home. This log house was located in Herbst's Settl ers Ridge development along Pioneer Trail. The house was moved from its original site on March 13 and relocated to the Riley-Jacques Farm historic site for storage. Johnson stated that residents within 500 feet of the new location for the log home were notified. City staff has received no calls or comments from the mailed notices The Historic Preservation Commission did review this request and approved it as well as the Parks, Recreation and Natural Resources Commission. The moving of the house and the restoration will be done by the developer and then given to the City. O'Leary asked if the ho use would be located across Riley Lake Road from Bearpath. Johnson responded that it would be about 450 feet away from Bearpath. Olson asked why the log house was moved. Johnson explained that the developer discovered that this building had some historic importance to it. The area where the house was located was approved for townhomes and utility work was starting this month. If it were not moved, it may have been demolished. Motion/Second: Giglio/Ismail, to approve moving request#2002-05 for approval to allow a ca. 1850's his toric log building to be moved to Riley Lake Park. Motion carried 6-0. IV. OLD BUSINESS V. NEW BUSINESS Johnson reported that she has received two new items for next month. One request is for consideration of a garage addition and the other is a sport court, which is considered an accessory structure that requires a 10-foot setback. VI. ADJOURNMENT Motion/Second: Ismail/O'Leary, to adjourn the meeting at 7:25 p.m. Motion carried, 6-0.