HomeMy WebLinkAbout10/14/2004 - ZONING BOARD OF APPEALS - AGENDA - Regular Meeting r
Zoning Board of Appeals
Agenda
Regular Meeting
Thursday,October 14,2004
Roll Call
Approval of the Minutes from the July 10,2003 Meeting
Appeal. 2482 220 Wood St
The variance would reduce the required side yard setback along the north lot line from 5'to 3' in order to
allow the existing front screened porch to be removed and replaced with an addition to the front of the
home. The screened porch is already at a 3' setback; however the new wall construction replacing it
must comply with the code or receive a variance. The variance would also reduce the required side yard
setback along the north lot line from 5'to 3' in order to allow an existing shed at the back of the lot to be
removed and replaced with a new, 20'x 20' detached garage. The north wall of the garage will be at the
same setback as the wall of the existing shed.
Code Sections: 4.7(E)(4)
Petitioner. Frank Connolly
ZoningDistrict NCM
Appeal. 2483 2537 Research Blvd
The variance would allow two monument signs along Drake Road adjacent to the Centre For Advanced
Technology 4th filing at the northwest corner of Drake and Research Blvd., instead of the one monument
sign allowed. Specifically, the variance would allow a new, 38 square foot double-faced monument sign
to be located on the south side of the building at 2537 Research Blvd., in addition to the large, existing
Centre for Advanced Technology development sign at the corner of the 2 streets.
Code Sections: 3.8.7(E)(4)
Petitioner: Leo Peterson
ZoningDistrict E
Appeal. 2484 4920 Caravelle Dr
The variance would reduce the required rear yard setback along the south lot line from 15'to 10' in order
to allow a new home to be constructed on this lot. The rear lot line abuts an open space and the front
portion of the lot is encumbered by 2 ditch easements and mature trees.
Code Sections: 4.3(D)(2)(c)
Petitioner: Terry Heyne
ZoningDistrict RL
Appeal: 2485 49 S Taft Hill Rd
The variance would allow the construction of a 1200 square foot detached accessory building. Code
allows up to 800 square feet. The applicant wishes to use the building for storage and restoration of their
own personal collectors vehicles. The lot is 43,048 square feet in size.
Code Sections: 3.5.2(D)(5)
Petitioner: Heide Unger
/'� ZoningDistrict LMN
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Appeal.• 2486 957 Nightingale Dr
The variance would reduce the required front yard setback from 15' to 13'3"at the northwest corner of the
recently constructed house. This results in 3.29 square feet of the house encroaching into the setback.
Code Sections: 3.5.2(D)(2)
Petitioner: Frank Vaught
ZoningDistrict LMN
Other Business:
Zoning Board of Appeals
Agenda
Regular Meeting
Thursday, October 14, 2004
Appeal 2482
Address 220 wood St
Petitioner Frank Connolly
Zoning District NCM
Section 4.7(E)(4)
Description The variance would reduce the required side yard setback along the
north lot line from 5' to 3' in order to allow the existing front screened
porch to be removed and replaced with an addition to the front of the
home. The screened porch is already at a 3' setback; however the new
wall construction replacing it must comply with the code or receive a
variance. The variance would also reduce the required side yard
setback along the north lot line from 5' to 3' in order to allow an
existing shed at the back of the lot to be removed and replaced with a
new, 20' x 20' detached garage. The north wall of the garage will be
at the same setback as the wall of the existing shed.
Hardship The 35' lot width is narrow. The existing home and the existing shed
are already at a 3' setback. The owner would like to reuse the existing
concrete slab of the shed for the new garage.
Staff Comments There are existing structures currently at the requested setbacks, and it
is a narrow lot. The proposed construction on the house is perhaps
easier to support than the new garage. However, narrow lot can be
grounds for a variance.
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Appeal 2483 4
Address 2537 Research Blvd
Petitioner Leo Peterson
Zoning District E
Section 3.8.7(E)(4)
Description The variance would allow two monument signs along Drake Road
adjacent to the Centre For Advanced Technology 4th filing at the
northwest corner of Drake and Research Blvd., instead of the one
monument sign allowed. Specifically, the variance would allow a
new, 38 square foot double-faced monument sign to be located on the
south side of the building at 2537 Research Blvd., in addition to the
large, existing Centre for Advanced Technology development sign at
Hardship The existing development sign at the corner was the first CAT sign
installed. It was installed prior to most of the subsequent filings being
approved and developed, and prior to the adoption of the residential
neighborhood sign district regulations. It has no relevance to the 4th
filing and doesn't advertise any of the buildings in the development.
Identification signage along the street is important in order to assist
customers in finding the businesses. Additionally, all of the buildings
are addressed off Research Blvd, but some actually abut Drake Road.
So the address also adds to the confusion of finding these businesses.
Staff Comments The new proposed sign is a considerable distance from the CAT sign
at the corner, so street clutter would be minimized. It might be hard to
argue that this is an "equal to or better" than situation, but there are
some unusual circumstances that might support a hardship approach.
Since the CAT sign is the original sign and has nothing to do with this
development, a hardship may have been imposed on this property
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Appeal 2484
Address 4920 Caravelle Dr
Petitioner Terry Heyne
Zoning District RL
Section 4.3(D)(2)(c)
Description The variance would reduce the required rear yard setback along the
south lot line from 15' to 10' in order to allow a new home to be
constructed on this lot. The rear lot line abuts an open space and the
front portion of the lot is encumbered by 2 ditch easements and
Hardship The front portion of the lot is encumbered by 2 ditch easements and
mature trees. These topographical features necessitate that the home
be constructed on the south half of the lot. The lot abuts open space,
so the intent of the setback requirement is met and there is no
detriment to the public good.
Staff Comments The Board has granted similar requests using the "equal to or better
than" standard when the lot line abuts an open space or non-buildable
area, finding that the intent of the standard is met.
Appeal 2485
Address 49 S Taft Hill Rd
Petitioner Heide Unger
Zoning District LMN
Section 3.5.2(D)(5)
Description The variance would allow the construction of a 1200 square foot
detached accessory building. Code allows up to 800 square feet. The
applicant wishes to use the building for storage and restoration of
their own personal collectors vehicles. The lot is 43,048 square feet in
Hardship There is currently a detached single car garage with workshop being
used for a personal recording studio and the applicant needs space for
restoration of classic vehicles and storage for personal items. The
code previously would have allowed this size structure but was reduced
before the applicant could apply for the permit.
Staff Comments The Board has previously applied the "equal to or better than"
standard on lots of this size since the intent of the 800 sf limit is to
ensure that large detached buildings aren't constructed on normal size
lots. Normal size lots are about 15,000 square feet or less. This lot
Appeal 2486
Address 957 Nightingale Dr
Petitioner Frank Vaught
Zoning District L.MN
Section 3.5.2(D)(2)
Description The variance would reduce the required front yard setback from 15'to
13'3" at the northwest comer of the recently constructed house. This
results in 3.29 square feet of the house encroaching into the setback.
Hardship The original site plan showed 2 lines - an easement line and a setback
line, with the house being setback at the easement line. The site
plan was redrawn to show the home setback at the setback line.
However, when the foundation was staked out the original site plan
was used instead of the revised plan. This resulted in the corner of the
house being located about 2' closer to the street than it was intended
Staff Comments None.
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