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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 03/17/1977 UNEPPROVED MINUTES ZONING BOARD OF APPEALS AND ADJUST1,=S Thursday, March 17, 1977 7:30 P.M. City Hall MEMBERS PRESENT: Chairman James Wedlund, Donald Sorensen, James Cardinal, and Joan Meyers M MERS ABSENT: None STAFF PRESENT: Wayne R. Sanders, Chief Building Inspector OTHERS PRESENT: Christopher Harrison, Mr. & Mrs. William Reitherman I. APPROVAL OF MINUTES OF FEBRUARY 17, 1977 Pg. 1, under OTHERS PRESENT; correct "Breen" to "Bien". " 2, para. 1; correct "runing" to "running". " 2, " 7, sent. 3; delete "there", add "elsewhere". 2, °' 10, " 3; delete "was not", add "might be" " 3, para. 3, 8, & ll; correct "Breen" to "Brea". " 3, " b, sent. 2; add "not" after "would". Cardinal moved to accept Minutes of meeting of February 17, 1977 as amended. Meyers seconded, motion carried, with Sorensen abstaining. • II. Request by Christopher Harrison. 121 West 90th St. #9. Bloomington. Minn., for variance to allow a 10' side Yard setback, and a variance to allow_a 30' front Yard setback, instead of 851 average existing setback. Chairman Wedlund, speaking to Sorensen's suggestion of clarification of legality of any present action of the Board, explained that according to the Ordinance, this Board is technically a temporary interim Board at'this time. He added that the City Council had extended their term for the second time until April 5, at which time the Council will appoint new members to this Board. Christopher Harrison said he would abide by the decision of the present Board. Meyers commented that the City Attorney feels that there would be only a very slim possibility of problems, and feels the Board can continue until April. Cardinal expressed his opinion that since he was originally appointed by the Mayor and approved by the Council, and that most things are done by the Ordinance, and that since-the Council had requested that he continue, he will continue and leave the legal counsel to the City Attorney. Wedlund spoke to legal ramifications that might occur if they proceed, but felt that the Council, in good faith, had requested that we continue to perform our duty, and that he did not personally see anything wrong with that. Sorensen expressed personal reservations, and felt that the petitioner should be advised and given the opportunity to object. Zoning Board of Appeals and Adjust. - 2 - March 17, 1977 Mr. Harrison pointed out the location of his lot, which was south of Pioneer Trail, and west of Eden Prairie Road, Lot 5. Mr. & Mrs. Bill Reitherman, 16401 Hilltop Rd., neighbors to the west of the appli- cant, asked when the zoning was changed to -k acre. Sanders responded that they were not all zoned as + acre lots, and quoted Ordinance on requirements for average existing setbacks. Reitherman's chief concern was their loss of privacy if the house were put in pre- sent position as indicated by Harrison. Sanders suggested looking at the position of the house in terms relative to adjacent homes. Cardinal asked Reitherman whether he would be in favor of moving the house ahead. Reitherman responded affirmative. Harrison spoke to the point that about 50 feet back is where the drop in land takes place, and that he would be 2 ft. lower than the street level. Meyers suggested placing house 73' for the corner of the house, 53' for corner of the garage, and since the house is 38' deep, the point of the house would be 1111, which would keep him in the buildable part of the lot. . Harrison responded that 53' would be acceptable to him, but was concerned with Reitherman's feelings about it. Cardinal inquired about neighbor on the other side, and Harrison said there was no problem. Sanders asked whether Harrison would be agreeable to moving the whole thing 10 feet further back, after members discussed various placements of the house. Harrison was agreeable to this suggestion.- Wedlund, spoke to the topography of Reitherman's house,which was 2 feet higher than Harrison's. Sanders asked whether Harrison would have enough land for a walk-out. Harrison answered that with a 50' setback, he would have what he wants for a rear walk-out. Reitherman was opposed to Harrison moving his house back, because he felt they would lose their privacy. Wedlund asked Harrison what the urgency on this matter was. Harrison responded that he cannot do anything until he gets a ruling as to wham' he can place his house. Wedlund commented that he would like to see the property staked out at 53' and 681p (the front and two sides) before making a decision on the matter. Sorensen asked whether Harrison had been aware of the side yard setbacks. Harrison responded that he had received three different answers. He asked whether he would have to wait another month, to which Sorensen informed him that they could call a sp6cial meeting as they have done in the past. Zoning Board of Appeals and Adjust. — 3 — March 17, 1977 40 Sanders requested that Harrison provide a cross section, showing elevation, for the purpose of observing foundation horizontally. MOTION:Meyers moved to continue the Harrison variance request until Saturday morning, March 19, 1977, at 9t0O PM, at the lot, with meeting to follow at the City Hall. Cardinal seconded. Motion carried, with Sorensen abstaining. OLD BUSINESS Wedlund spoke to request made in Notion passed by the Board at the meeting,of Feb. 17, 1977, and to the request for the list of land divisions made previously, and also re— stated at the Feb. 17 meeting. Sorensen pointed out that the Planning Commission has also requested this information, and that the Motion was directly involved with the Planning Commission. He spoke 'to present approach to land divisions, referring to the Underdahl and Hamilton cases as examplesp and was concerned with what criterea the Board of Appeals should use under such circumstances. Sanders responded that the Staff has discussed the matter at Staff meetings and have favored dropping down to J acre as—the— next category. Board members requested that Meyers bring the matter to the attention of the Council. Sorensen commented that they would like the answer to the following questions:how can these situations be avoided?; where is the land division listing, its zoning, divisions, and what has been done in the past and why? Cardinal moved to adjourn at 9:50 PM. Meyers seconded, motion carried. Submitted by, Donna Stanley Recording Secretary i