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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 09/19/2002 1 APPROVED MINUTES BOARD OF ADJUSTMENTS & APPEALS THURSDAY, SEPTEMBER 19, 2002 7:00 P.M. CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Cliff Dunham, Louis Giglio, Ismail Ismail, Michael O'Leary, Greg Olson, Anthony Ramunno, Randy Stroot BOARD STAFF: Jean Johnson, Zoning Administrator Peggy Rasmussen, Recorder GUESTS: Maud and Brian Duggan 9928 Lawson Lane CALL TO ORDER Chairperson Dunham called the meeting to order at 7:00 p.m. ROLL CALL—PLEDGE OF ALLEGIANCE Present: Cliff Dunham, Ismail Ismail, Michael O'Leary, Greg Olson, Anthony Ramunno and Randy Stroot. Absent: Louis Giglio I. APPROVAL OF AGENDA Motion/Second: Ramunno/O'Leary, to approve the agenda as published. Motion carried 6-0. II. APPROVAL OF MINUTES Motion/Second: O'Leary/Ramunno, to approve the minutes of the Board of Adjustments and Appeals meeting held on July 11, 2002, as published. Motion carried 5-0-1, with Ismail abstaining due to his absence. III. VARIANCES A. Request#2002-08 by Maud and Brian Duggan of 9928 Lawson Lane for approval for a 13-foot variance from a 20-foot rear lot line setback requirement for a house addition 12 feet from the rear lot line, and for an 11-foot variance from a 20-foot rear lot line setback requirement for a deck 14 feet from the rear lot line. Brian Duggan distributed photos to the Board members, showing the two locations for a deck and an addition on the south and west sides of the house. BOARD OF ADJUSTMENTS & APPEALS 2 *i+ 2002 _-�tf�T ZC(1Z, Page There is a neighboring house to the south of the property, and there is a wooded area to the south that creates a barrier between the two properties. Many of those trees would have to be removed if they built out in that direction. There are no neighbors or structures to the west, however, and that is what they are proposing. B. Duggan said the reason for adding a bedroom is to accommodate their growing family. The present deck is old and they would like to update it and expand its size. He referenced the floor plan, and said they would like to stay within the existing structure as much as possible and will take some space from the garage to do so. They would also be modifying and remodeling the kitchen and other areas. They have received three letters of support from neighbors. Their other option would be to build over the garage. Ismail asked if the Duggans had discussed building on the south side with the neighbors to the south, and if they had any objections. M. Duggan replied they could get the addition in on the south side but it would affect those neighbors, whereas putting the proposed addition on the west side would have minimum impact on any of the neighbors. Ramunno said he noticed that the existing deck has stairs and the new deck would not. B. Duggan said that is true. Dunham asked if there was any reason for not having stairs from the deck. B. Duggan replied that not having stairs provides safety for the children; also it provides safety in terms of entrance to the home. Right now the deck is seldom used because it is so small, and they plan to replace it and build a larger one. Dunham said it seemed to him that the Duggans would get more use out of a deck with stairs. B. Duggan said in terms of using their property, they use the patio in front of the house much more than the deck. Dunham asked why they want to build such a large deck if they have a patio out front. M. Duggan replied they are looking for a place for their young son to play. Also, there are times when they would prefer to be away from the traffic and other action on the street in front of the house. Dunham asked if there are bedrooms in the lower level of the house. B. Duggan replied there is one bedroom in the lower level. Dunham said his bigger concerns were with the addition, as he didn't believe it would be very usable space. M. Duggan said they are thinking of using it in a variety of ways. B. Duggan added they are considering using the present bathroom space to make a bigger bedroom. Dunham said the mudroom is quite large compared to the proposed bedroom. B. Duggan replied they don't have a craft or activity room, so one goal was to have a counter for activities for the children in the mudroom. Dunham asked if they could use space in the lower level instead. B. Duggan said there is no extra space. It is a typical lower level, with big-screen TV and a pool table. Dunham asked Jean Johnson to give her report. BOARD OF ADJUSTMENTS & APPEALS 3 Juty- , 0 scrl—, Page Johnson said the property is in the R1-13.5 Family Zoning District. Setback requirements are for 30 feet minimum from the front lot line and 20 feet minimum from the rear lot line. The house was constructed in 1992. A variance was requested in 1994 to construct the porch on the back of the house. The variance that is being requested now includes two additions; one is behind the garage, which is proposed 12 feet from the back lot line and the other is an addition beside the porch, 14 feet from the rear lot line. Johnson said she reviewed some options with the applicants that have to do with the degree of variance requested. One was to scale down the addition behind the garage by 2 feet, resulting in a 14-foot setback from the rear property line versus the 12-foot setback requested. The other option is to design the floor plan space for the house addition so that it would fit behind the garage and to the south side of the house, which would meet code setbacks. Public hearing notices reached people who live within 500 feet of the house. One individual came in to look at the plans but no telephone calls or letters were received regarding the request. Ismail asked Johnson, with regard to the 1994 existing porch that required a variance, if she remembered the hardship for the request. Johnson said that was a request by a previous owner. They had purchased the house with a sliding glass door where they thought they could add a porch. It required a variance to do that. Ramunno asked if the property directly behind the house is privately owned. B. Duggan said he believed it is. There are no structures on it. M. Duggan said that part of the property was referred to as an "outlot" when they purchased the property. It is a low-lying area and always wet. There is a culvert that empties into it. Giglio asked how wide that area is. M. Duggan didn't know, but it has been left in its natural state. There is a dirt driveway that leads to a house. Olson asked where the dirt road off Bennett Place leads. B. Duggan replied he believed there is a home there. Dunham opened the public hearing. Harold Johnson, 9995 Bennett Place, said he has lived there since 1960. He owns two acres, and part of'the Duggans' property adjoins his. He was not contacted by the Duggans to find out what he thought about having a variance. In 1994 he wasn't against the variance granted at that time for the porch because it was a small addition and didn't affect him. However, he does strongly object to the house addition the Duggans want to add on because he didn't believe it was right to have the addition that close to the property line adjoining his. His property can be developed and a house could be built in that area. Also, if it is approved and they do any work, they should put up a temporary fence to protect his property from damage. Ismail asked Mr. Johnson to show where his house sits in relation to the applicants' lot, and how the addition would affect him. Johnson replied if he were going to develop his property, the addition would affect his property. BOARD OF ADJUSTMENTS & APPEALS 4 Page Ismail asked if there are any houses adjacent to his property along Bennett Place. Johnson said there are. Johnson said when he talked to one of the other neighbors a few years ago, he was told there was a stipulation that there has to be 25 feet on each side of the driveway to the lot line where a house could be built. The driveway would be shared. He believed he could get five homes in that area. Dunham asked how many homes Johnson could put up in there. Harold Johnson said he hadn't figured it out, but he believed five homes. He would have to remove an existing house. Jean Johnson said five homes would be the maximum but she believed four would be more likely. Dunham closed the public hearing. O'Leary said he would need something to persuade him to approve the request. In this case, the Board should think about how the addition fits in. O'Leary said he could understand the objections the neighbor has to this request. In the future, Mr. Johnson might decide he wants to develop his property, and O'Leary said he believed the addition could potentially affect the development. As a result, he recommended the Board either continue the request and have the applicants come back with another plan, or he probably would not vote in favor of the request, based on the degree of variance and size of addition and the fact the neighbor has strong objections. Ismail said the property at the back of the house is so crowded. He was wondering why they proposed building in that direction. He came to the meeting somewhat positive about the project,but after hearing from the neighbor he would like to continue this to see if they can work out an arrangement for the future owners of this property that is owned by Mr. Johnson, so he can feel comfortable about it. He would like the Duggans to go back and look at it some more to see if they can come up with something more workable and more closely meeting code. Stroot said that makes sense. Even if Mr. Johnson doesn't develop the property, whoever buys it might, and he didn't think the Board should cause a hardship with future development of the land. He believed the Duggans should get together with others to work out another plan, and treat this as a continuance. Dunham said the deck variance seems acceptable. It wasn't likely that it would have much impact on the neighborhood. The other addition would be 12 feet off the property line and he could never approve going that close. In the winter, without leaves on the trees, it is apparent that many of those houses are really compacted together. Ismail said he wished to propose a couple of ideas. If they build to the south is a retaining wall would be necessary, whereas on the west, if they could scale it back and come up with a compromise, the Board would be willing to look at it again. BOARD OF ADJUSTMENTS & APPEALS 5 Page Motion/second: Ismail/Rammuno, to continue variance request #2002-08 by Maud and Brian Duggan of 9928 Lawson Lane, to October 3, 2002. Discussion: M. Duggan said they could achieve scaling back 2- or 3 feet, but she didn't know if that would make the difference. She hoped they would not have to do that. She asked for some guidance from the Board as to whether they would be more successful if they scaled back. Ismail said they should not just please the neighbors, they should be concerned about being too close to future homes. Dunham asked if they had investigated putting the bedroom on the north side. B. Duggan said he didn't believe they could do it without a variance because that is two stories high. Jean Johnson said they could build up to 10 feet from the lot line on the north side. Ramunno asked if the Board was including the deck in the continuance. Dunham replied they could either include it or not. He asked the Duggans if there was a critical time line to complete the project. M. Duggan replied they were hoping to have the deck up soon. Amended Motion/Second: Ramunno/Ismail, to approve variance request #2002- 08 for an 11-foot variance for a deck 14 feet from the rear lot line, with 10-foot side yard and continue the request for the room addition 12 feet from the rear lot line to October 3, 2002. Motion carried 6-0. Dunham told the Duggans they have one year to implement the variance for the deck. Harold Johnson asked that the contractor put up a temporary fence so the equipment doesn't go onto his property. Dunham said the City has requirements regarding this. Jean Johnson said she would make a notation to have a snow fence put up at the property line. IV. OLD BUSINESS Johnson said, regarding the request at the June meeting by Daniel and Theresa Kosch for approval to construct a concrete sport court, the Preserve Association asked for the minutes of the June 13 meeting as well as the plans, which were sent to them. She hasn't had any further contact,but will phone them for an update. V. NEW BUSINESS BOARD OF ADJUSTMENTS &APP,EALS 6 � SE:�7� I �( ?- Page Johnson said the agenda for the next meeting, on October 3, 2002, will include a house- moving request. The other item on the agenda will be the continuance of the variance request by Maud and Brian Duggan. VI. ADJOURNMENT Motion/Second: Ismail/Ramunno, to adjourn the meeting. Chairman Dunham adjourned the meeting at 7:55 p.m.