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-7- <br /> • 1 Motion carried unanimously. <br /> 2 <br /> 3 The meeting was recessed until 9:10 P.M. when the Chair opened -the heari,r.g-:to <br /> 4 consider a request from Bryon Schroeder, 3115 Johnson Street N.E. , Minneapolis, <br /> 5 for a variance from the Zoning Ordinance setback regulations to allow construction <br /> 6 of a home at 3520 Silver Lake Road with a front yard setback of 63 feet where <br /> I the average alignment of adjacent homes is from 30 to 40 feet. <br /> 8 <br /> 9 When the Chair read the notice of the hearing, no one present reported failure <br /> 10 to receive it or objected to its content. <br /> 11 <br /> 12 Those present to discuss the proposal were the applicant, Wendy Clonis, 3115 <br /> 13 Johnson Street N.E. ; Lee Lawrick, 3626 Edward Street N.E. ; and John Forsberg, <br /> 14 3513 Belden Drive N.E. Mr. Forsberg, whose home is directly west of the subject <br /> 15 property, said he would not oppose the City granting the setback variance as <br /> 16 long as he is provided some assurance that when the house is built on the hill <br /> 17 behind him the runoff won't cause drainage problems for his home which is between <br /> 18 five and ten feet lower. He said when he built his home in 1966, a building <br /> 19 inspector named Shaughnessy had refused to issue him a building permit until <br /> 20 he had cut his lot down to the street level and the matter had ended up in <br /> 21 court when Melba Evanson, the owner of the lots next to him on Belden and behind <br /> 22 him on Silver Lake Road, had protested the backsloping on her property. <br /> 23 <br /> 24 Mr. Childs said he had been unable to discern just what happened in that case-- . <br /> 25 but couldn't personally see why a house couldn't be built on a hill as many <br /> 26 are nowdays. He said he perceived the City may have "goofed" in that case, <br /> • <br /> 27 20 years ago, and agreed with Mr. Schroeder that the error should not be compounded <br /> 28 with his property. <br /> 29 <br /> 30 Mr. Larwick said he had bought this property eight years ago and, since the <br /> 31 lot tapers to the north in back, the existing embankment behind Mr. Forsberg's <br /> 32 home should not be a factor in the drainage onto his property. He said he <br /> 33 perceived that would be verified before the building permit is issued to Mr. <br /> 34 Schroeder. <br /> 35 <br /> 36 Commissioner Jones commented that he agreed that the elevations should not <br /> 37 be germane to this case as= long as:-they don't`impactoon�t—he.lse,tbacks.. <br /> 38 <br /> 39 Mr. Childs read that portion of the City Ordinance which would be relevant <br /> 40 to the request before the Commission and stated that he felt certain it would <br /> 41 be possible to handle the slope of the undeveloped lots in such a manner as <br /> 42 to avoid drainage problems for Mr. Forsberg or any other Belden neighbor. <br /> 43 <br /> 44 Ms. Clonis gave the Commissioners a copy of the house plans and Mr. Schroeder <br /> 45 pointed out that he planned to build a one story, three bedroom rambler with <br /> 46 a tuckunder garage on the front which should cause no runoff problems for Mr. <br /> 47 Forsberg's property. He said he knew he had to do something about the sharp <br /> 4 8 slope between the properties and indicated he would be glad to show his grading <br /> 49 plans to his neighbor. The applicant said he planned to replace the rough <br /> 50 shrub line between their properties which might help somewhat. <br /> 51 <br /> • <br /> 52 The Manager's September 11th memorandum and comments about the requested setbacks <br /> 53 were taken into consideration when the recommendations to the Council were <br /> 54 prepared. <br /> 55 <br />