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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 05/18/1978 UNAPPROVED MINUTES EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS 711URSDAY9 MAY 180 1978 7:30 PM, CITY HAIL MEMBERS PRESENT: Chairman James Wedlundr James Cardinal, Ronald Krueger, Richard Lynch and Roger Sandvick MEMBERS ABSENT: None STAFF PRESENT: Carl Jullie, P.E., Director of Public Works Donna Stanley, Recording Secretary 1. Minutes Q,f April 20. 1978 reoLlar meeti. Pg. 3, para. 2, sent. 4, delete "even though it is not an important factor with us". Pg. 3, para. 4, delete entire pars.; add "Cardinal expressed concern that the special meeting that was called was not held and that he was not informed that it was cancelled as it was indicated that he would be."' MOTION: Cardinal moved to approve the Minutes of April 20, 1978 regular meeting, as amended and published. Krueger seconded, motion carried, with Lynch abstaining because of absence. 2. Variance Reauest #78-4 from Tim Pierce for front surd _setback_variance fer house 0 Valley Mr. Tim Pierce spoke to his request for a variance to a 801 setback, explain- ing that the existing setbacks vary from 1111 to 1601. He explained further that his reason for the request was for sanitation reasons, and that the best plan indicated to keep the septic system out of the hole where water collects in the rear, was to move the house forward to proposed setback to prevent future drainage problems for the potential owners. Wedlund questioned whether this could be corrected by fill. Pierce responded that a great deal of fill would be needed, and would cost more than the lot. Wedlund explained that the Board could not take economic factors into consiera- tion unless they constituted a hardship. Lynch questioned the 1441 setbacks presently existing. Jullie explained that the lots are extremely large. Mr. De Forest Underdahl, 16150 Valley Rd., spoke in opposition to the request, because it would be putting the house too far forward. He felt there was enough drop toward the back to put in a sewer system. He presented a petition of eight signatures opposing the variance request, indicating they would rather see the house placed further back, and that it would be unsightly sitting at the proposed setback. Minutes — Zoning Bd, of Appls. Unapproved and Adjust. 2 -- Thursday, May 18, 1978 Pierce pointed out that if the house were moved farther south# it brings it closer to Eden Prairie Rd.. Jullie added that a 501 setback would be required if that direction were taken. Mr. Leon Kruse$ 9250 Eden Prairie Rd., spoke to indication of the petition submitted that the house should conform with the average existing setbacks.* or should be in line with Mr, Larry Simonson's house, his immediate neighbor. Cardinal inquired whether Simonson's house was level with proposed house. Mr. Larry Simonson, 16199 Valley Rd., responded that dirt had been brought up, and that his house was set up higher. His basic concern was that the homes on the road are in line, and for the value of the-neighborhood, this house should be basically the same as the others. Wedlund asked whether Pierce could accept a lilt setback, which was the approximate setback of Simonson's house. Pierce responded that he was trying for something less than the average setback for the reasons stated, and added that the garage side of the Simonson house was to the west and the, proposed house could not be seen by Simonson, and that the house across the street was so placed that the residents would be looking over the top of the proposed house. Locating the drainfield to the north was discussed, but ruled out because of problems cited by Jullie. �. Underdahl and Simonson expressed favor to a lllt setback. Pierce agreed to the 131.1, if it were the concensus, but felt if there were a problem with the drainage he should get the 801. Lynch explained that the Board could not get into an artitrary position on the amount of setback. Cardinal added,that in the past, the Board has put a lot of weight on the feelings of the neighbors, especially if the proponent is not going to live in the house, MTION: Cardinal moved to accept the petition for a variance request allowing for either 3.111 setback, or the same as Simensonts setback if it is different than indicated, but no farther forward than. Simensonts resider based on the following findings: it is more in keeping with the spirit of the Ordinance; it apparently will not create undue hardship to the petioner; it is acceptable to all of the interested parties already located on the street; and is not detrimental to the public health, safety or welfare, or materially injurious to the public or private properties or improvements in the vicinity. Krueger seconded. AUDITIONS: Wedlund requested addition to the findings: By granting anything more than the next door neighbor mould constitute a special privilege. Lynch requested addition to the findings: To allow anything over 1111, is a reversal of average existing setback of 144:. Motion carried unanimously. Minutes - Zoning Bd. of Appls. Unapproved andAdjust. •. 3 - Thursday, May 18, 1978 3. TTcec�uest#�'7 -' from Carl Kevlin for side yard setback, variance to allowencro clime t of ro ed UOW house at 8868 Hidden Oaks RE, Mr. Carl Kevlin spoke to his variance request, explaining that the wing wall constitutes a wall only, and is not a living quarters. He submitted signatures of approval by present neighbors. Sandvick asked whether there were any trees to hide the wing wall. Kevlin responded that the house was designed to fit the lot and to save the trees. He added that it was considered an "art" factor by the present owner. MOTIONS Cardinal moved to grant the petition for the following reasonss it causes no problem with surrounding parties and affirmation has been re- ceived from existing property owners that they are not opposed to it; it is not part of the living quarters of the house but is of aesthetic benefit to the neighborhood; is not detrimental to the public health, safety or welfare, or materially injurious to the public or public properties or improvements in the vicinity; and is not classified as a special privilege. Lynch seconded, motion carried unanimously. • L,, Old Business. Krueger expressed appreciation for receiving site plans with the packet, and that it was extremely helpful. 5. New Business Lynch requested that it would be helpful to receive indication of location of homes such as areas not listed on City maps at this time. 6. 1 ourMent MTIONs Cardinal moved to adjourn at 8:30 PM. Sandvick seconded, motion carried unanimously.