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HomeMy WebLinkAbout1996 05-02 Zoning Board of Appeals Meeting Minutes RegularMINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF APPEALS HELD ON THURSDAY, MAY 2, 1996 5:30 P.M., MANAGER'S CONFERENCE ROOM MEMBERS PRESENT Chair, Rose Mary Utne, Chuck Ingwalson, William Skallerud STAFF PRESENT: Kris Aaker, Jackie Hoogenakker I. APPROVAL OF THE MINUTES: The minutes of the March 7, 1996, meeting were filed as submitted. III. NEW BUSINESS: B-96-14 Jay and Lisa Farnam 5500 Chantrey Road Lot 20, Smildens Addition Request: A 1.83 foot sidestreet setback variance Ms. Aaker informed the Board the subject property is located on the southwest corner of Chantrey Road and Ayrshire Boulevard. The parcel fronts Chantrey Road and consists of a split level home with tuck under two car garage. The property is a corner lot with the side street along Ayrshire Boulevard. The property owner is hoping to add a third garage stall and to add living space behind the new garage. Ms. Aaker pointed out the proposal meets all the Ordinance requirements with the exception of sidestreet setback from the property boundary adjacent to Ayrshire Boulevard. The Ordinance requires a minimum 15 foot sidestreet setback. At it's closest point, the addition provides a 137' sidestreet setback. The lot in question angles along Ayrshire Boulevard which forces the sidestreet sidewall to be closer to the lot line from front to rear of the property. The attached site plan illustrates that only the northwest corner of the addition overlaps into the setback. This condition occurs because the north building wall is not parallel to the north lot line. Ms. Aaker concluded given the hardship caused by the shape of the lot and how the home is positioned on the lot staff supports the request as submitted subject to the use of matching materials. The proponent, Mr. and Mrs. Farnam were present. Mr. Ingwalson asked if attempts will 'be made to save the trees. Mr. Farnam said it is their goal to save as many trees as possible. He added any trees removed will be replaced. Concluding Mr. Farnam said he agonized over the loss of trees, reiterating it is his goal to re -landscape once the addition is completed. Mr. Ingwalson moved variance approval subject to the plans presented, subject to the use of matching materials, and subject to staff approval of a landscaping plan. Mr. Skallerud seconded the motion. All voted aye; motion carried. B-96-15 Robert F. Jones III 4808 West 62nd Street Block 1, Lot 5, Oakviaw Addition Request: A 5.25 foot sidestreet setback variance Ms. Aaker told Board Members the subject property is located north of West 62nd Street and south of Valley View Road. The lot is a corner lot with frontage on both West 62nd Street and Ryan Avenue. 'Within the neighborhood there are homes fronting both streets. The subject home faces West 62nd Street with it's attached side loading garage fronting Ryan Avenue. Ms. Aaker said the property owners are hoping to add a third garage stall. Ms. Aaker explained the garage addition must maintain the front street setback that occurs along Ryan Avenue. According to the surveys on file in the City offices, the average setback is 35.25 feet. The subject home currently provides a setback of 30 feet along Ryan Avenue. Ms. Aaker reported on a corner lot with no homes facing a side street the set setback requirement to the front of a new garage would normally be 20 feet. The 30 foot sidestreet setback as proposed is currently the minimum front yard setback for new subdivisions. Ms. Aaker added it should be noted upon completion there would be a 30 foot north sideyard setback to the sideyard property boundary and approximately 37 feet to the,neighbor's sidewall. It would appear that adequate spacing between structures is maintained even with the garage addition. Ms. Aaker concluded staff is of the opinion that the addition would have limited impact on the adjacent property to the north. The homeowner is merely trying to maintain an existing established setback with no additional forward encroachment. Staff recommends approval subject to the use of matching materials. The proponent, Mr. Jones was present. Mrs. Utne asked Mr. Jones what will happen with the fence. Mr. Jones explained the existing fence will be taken down, and a new one will be constructed in line with the new garage addition. Mr. Skallerud commented in reviewing the plans presented, he agrees with the staff recommendation, and can support the requested variance. Mr. Ingwalson stated he also supports staff's recommendation. Mr. Skallerud moved to recommend variance approval subject to the use of matching materials. Mr. Ingwalson seconded the motion. All voted aye; motion carried. B-96-16 JMS Homes/JMS Equities, Inc. 6516 Stauder Circle Lot 5, Block 5, Parkwood Knolls 5th Addition Request: A 45 foot sidestreet setback variance Ms. Aaker reported the subject property is located on the north side of Stauder Circle where Stauder Circle intersects with Londonderry Road. The parcel is a vacant developable lot. The property owner is proposing a home to be located on the property that would be facing Londonderry Road with the side street considered the property boundary abutting Stauder circle. There are homes fronting Stauder Circle, which affect the subject property's sidestreet setback. Ms. Aaker explained normally, a sidestreet setback of 15 feet would be permitted, however, because there are homes fronting Stauder Circle, frontyard setbacks must be maintained along Stauder Circle. The subject lot is part of a 1994 lot division consisting of five',lots. The lot division re -arranged lot lines of existing lots to allow for the construction of flour new homes. Ms. Aaker asked the Board to note that previously this parcel received a variance for a different house plan. Ms. Aaker said'the proponent believes this new proposal is superior to the previous proposal. Ma. Aaker concluded staff acknowledges there is no continuity in terms of setback between adjacent homes, and that the proposal could have been built without variance if it had been the first to be built. Staff believes' the spacing between structures reduces any impact on the adjacent property to the ease. Staff supports the request as submitted. The proponent, Mr. Jeff Schoenwetter was present to respond to questions. Mr. Schoenwetter said in his opinion the plan presented this evening is superior to the previous plan. Mr. Schoenwetter asked the Board to note in the previous plan a large number of trees needed to be removed. This plan reduces disturbance to the vegetation. Mr. Ingwalson questioned the height of the proposed berm, and if there will be retaining walls. Mr. Schoenwetter said the berm will be 18" high with the need for minimal retaining walls. Mrs. Utne asked the height of the proposed house. Mr. Schoenwetter said the house will be 30' in height, adding the topography works well with the proposed house and reduces the impact of the height. Mr. Ingwalson asked Mr. Schoenwetter if he has spoken to the property owner directly east. Mr. Schoenwetter responded the neighbor to the east indicated this plan is better than the previous proposal. Mr. Skallerud asked Mr. Schoenwetter if Lot 7 is buildable. Mr. Schoenwetter said Lot 7 is a platted lot, adding at this time he is unsure if it will be developed in the near future. Mr. Schoenwetter said if a home is constructed on Lot 7, it will more than likely need a variance. Mr. Skallerud moved variance approval subject to the plans presented. Mr. Ingwalson seconded the motion. All voted aye; motion carried. III. ADJOURNMENT Mr. Ingwalson moved for adjournment. Mr. Skallerud seconded the motion. Meeting adjourned at 6:00 p.m.