HomeMy WebLinkAboutBoard of Adjustments and Appeals - 03/23/1987 - Special APPROVED MINUTES
. BOARD OF APPEALS AND ADJUSTMENTS
MONDAY, MARCH 23, 1987 6:30 PM
ADMINISTRATION BLDG.
ROOM 205, 8100 SCHOOL ROAD
BOARD OF APPEALS MEMBERS: Chairman Ron Krueger, Hanley Anderson,
Roger Sandvick, William Arockiasamy,
Lyn Dean, Steve Longman and Dwight
Harvey
BOARD STAFF: Assistant Planner, Steve Durham and
Recording Secretary, Lynda Diede
ROLL CALL: Longman was absent.
I. VARIANCE
A. Variance Request #87-14, submitted by Steven and Marilyn Hardy for
property located at 9885 Garrison Way. The request is for a variance
from City Code, Chapter 11 , Section 11 .03, Subdivision 2, as amended
by Garrison Forest, rezoning agreement, to permit construction of an
addition over the garage 5' from the side lot line Garrison Forest
rezoning agreement requires 15 feet) .
• Steven Hardy, proponent, presented the request to the Board. In
January 1987, Hardy decided to build an addition above his garage
that would be used as a family room. Ralph Freudenberg Construct-
ion was the contractor. Plans were submitted to the Preserve Assoc-
iation and were approved on February 4, 1987. A building permit
was issued in good faith, by the City of Eden Prairie. Construction
started March 2, 1987. On March 5, 1987, stop work order was issued.
Hardy talked 'to Assistant Planner, Steve Durham, and was told that
the structure did not meet the proper sideyard setback. The permit
should not have been issued. Hardy was told that he would have to
apply for a variance.
A neighbor, Del Johnson, 9865 Garrison Way, called Hardy and stated
that he had called Durham and that a variance proceeding had not
gone through to allow construction of the building addition this
close to the lot line. Johnson would have no objection to the plans
if the window on the east side was removed.
Durham talked to City Manager, Carl Jullie, and they agreed that if
the neighbors were satisfied, the stop work order would be lifted
and they could work at their own risk.
Hardy talked to an attorney and was told to get a disclaimer signed
by the Johnsons stating that the window was the only objection that
they had. Also, Hardy was advised to talk with neighbors and get
• signatures. See Exhibit A and Exhibit B. Only one neighbor objected
and it was over the window.
Board of Appeals and Adjustments - 2 - March 23, 1987
Hardy stated that it was a hardship case for them.
Hardy agreed to remove the window on the east side. No windows then,
will be located on that side of the addition.
Krueger asked what they would do for light. Hardy said that they
have a large picture window planned and there is a possibility of
a skylight being put in.
Arockiasamy inquired which neighbors Hardy had spoken to. Hardy said
that he spoke to neighbors that were in close proximity. Durham stated
that public hearing notices are mailed out to neighbors within 500' of
the property. No phone calls had been received at City Hall .
Arockiasamy asked Freundenberg if he had previous experience with
this situation. Freudenberg said that he never gave it a thought,
The blueprint was submitted and approved by the City.
Krueger noted that there aren't standard setbacks in every subdivision.
Harvey asked who was responsible for filling out the setbacks and floor
areas of the building permits. Durham said that the plan checker fills
it out.
Harvey inquired if there was a survey submitted with the blueprints.
Durham said no, but 'there is a survey that is with the original
construction of the house.
• MOTION: Sandvick made a motion to approve Variance Request
#87-14, submitted by Steven and Marilyn Hardy with the
following findings:
1 ) The immediate surrounding neighborhood is not in opposition
to the variance request.
2) It is a hardship for the proponent.
3) This variance request must be utilized within one year.
Harvey seconded the motion. Motion carried unanimously.
II. ADJOURNMENT
MOTION: Sandvick moved to adjourn the meeting at 6:45 PM. Krueger
seconded the motion. Motion carried unanimously.
•
EXHIBIT A
March 9,1987
The signatures below indicate that Del and Lynn Johnson,
located at 9865 Garrison Way, approve of the continuation
of the building addition at Steve and Marilyn Hardy' s,
located at 9885 Garrison Way, under the stipulation that
the window located on the east side of the addition be
removed. The window on the east side of the addition is
the only objection to the addition that Del and Lynn
Johnson have and once the window is removed no further
• objections to the addition remain.
9
March 9,1987
Del Jo son
�o March 7, 1987
L ohnson
•
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