Loading...
HomeMy WebLinkAboutBoard of Adjustments and Appeals - 12/15/1977 UNAPPROVED MINUTES . EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTNEBTS THURSDAY, DECEKBER 15, 1977 7:30 P.M., CITY HAM, MQ1BERS PRESENT: Chairman James Wedlund, Richard Lynch, and Roger Sandvick MR1BERS ABSENT: James Cardinal. and Ronald Krueger STAFF PRESENT: Carl Julie, P.E. Director of Public Works and Donna Stanley, Recording Secretary OTHERS PRESENT: David and Robert Green, Chris Johnson, and Craig Alger y 1. Minutes of November 17. 1977 regular meetit . Chairman Wedlund tabledthe Minutes of November 17, 1977 because of lack of members present for approval. 2. Variance Request #77-1? from David & Robert Green for variance from re °trireme of the " " zoning di t ict which re uires minimum lot size og 5 acres, 00' minimum wi hand 0 100' i e yard setbacks-. • City Engineer Jullie spoke to the proposal to make a lot division of 4 acres & construct another house on the lot, located at the corner of Shady Oak Road and Co. Rd. 61. He explained that the zoning is rural and requires 5 acre minimum lot acre site, with 1001and 50' for setbacks, adding that city sewer is * mile away, making it possible to extend utilities. He spoke to the Guide Plan Up- date indicating this area to be in the Transitional Residential Zone, per- mitting single family lot development without public utilities on 2.5 acre minimum lot size. He added that there has been no opposition to the proposal. Wedlund inquired what the extent of existing house was. Robert Green, 6533 Shady Oak Road, explained that he lives in the house presently, and that his son would like to build the second house. Wedlund expressed doubt whether this was a variance matter, rather than a re-zoning situation. He spoke to interpretations both ways, and said he could not see in the Ordinance where he could interpret this as a variance. He spoke further to the City Attorney's interpretation, that if the property is approved for splitting, you can build, and asked Jullie whether the proper- ty had been split. Jullie responded that this is what the proponent is requesting, adding that the zoning category that they would logically apply for was R1-22, - acre lots, and he felt we should discourage that sort of density in that area because of no sewer and water. IJedlund asked what reasons there were to prevent them from splitting next Year also. Jullie responded that it is the Greens' intention to have two homes, and that this condition may be put on the variance that the property may not be split again. Minutes - Zoning Bd. of Apls. and Unapproved Adjust. - 2 - Thurs., Dec. 15, 1977 • Mr. Robert Green commented that some of the area is swamp and that it is not physically practical to split the property any more„ and that we are surrounded with situations that cannot change. Lynch inaui.red what makes this property different than in SW corner of the City, which has had similiar situations. Jullie explained that the difference is that this property lies in the "Transitional residential zone" in the pro- posed Guide Plan, and that this area is serviceable by utilities at some time, whereas, in the SW corner, we are talldng about areas out of the sewer water lines, with no trunks to serve them. Wedlund commented that he finds no fault in looking at the property to do what the Greens want to do, but does find fault with this determination whether we are re-zoning this property. Mr. David Green commented that the reason for living there was because of the open space and would not want anyone to live there and split lots. R. Green responded to questions from Sandvick on how long they have owned the property - 2 yrs., why the house is angled - for the view of Bryant Lake Park. Sandvick expressed agreement with Wedlund's stand of reservation whether it would be re-zoning or a variance, but commented that he could understand the proponent's request. • Wedlund asked what requirements should be put on this lot if we allow it to be split, and again stated that he does not feel it should be before this Board because it is a re-zoning problem. Jullie responded that when he looks at zoning, he looks at land use, rather than lot size and single family vs. commercial. He felt that the decision is not on land use, but on lot size, this case being a variance from lot size. Lynch expressed concern with the legal ramifications of the problem, but he said he did not have a problem with what they are doing. MOTION: Lynch moved that the concensus of the Board was for direction to Lynch to present this question to the Planning Commission; to direct Jullie to obtain legal opinion from the City Attorney; and schedule the proponents for regular meeting in January, 1978. Sandvick seconded, motion carried unanimously. 3. New Business None. 4. Adiournment Lynch moved to adjourn at 8:25 PM, seconded by Sandvick. Motion carried unanimously.