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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 07/20/1978 APPROVED MINUTES EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, July 20, 1978 7:30 PM, CITY HALL MEMBERS PRESENT: Chairman James Wedlund, James Cardinal , Ronald Krueger, and Roger Sandvick MEMBERS ABSENT: Richard Lynch STAFF PRESENT: Marty Hansen, Engineering Department 1 . Minutes of June 15, 1978 MOTION: Sandvick moved to approve Minutes of June 15, 1978. Wedlund seconded. Motion carried. 2. Variance request #78-6 from Joseph Ruzic for lot size variance to allow a land division creating 2 lots having less than 5 acres in the Rural District at 6825 Rowland Road. continued from 6/15/78 Chairman spoke to the last meeting and action to continue for further study and actual view of the property by Board members. • Wedlund expressed concern after reviewing the.property,personaliy, that the Ordinance has been broken in various ways - top of hill has been taken , vehicles on the property were not in keeping with the Ordinance. He expressed regret that Mr. Ruzic was not present at the meeting to respond, noting that his secretary; is. Sharon Swigg, was present to hear the decision. Mrs. Beverly Rodberg, 6580 Rowland Rd. , expressed opposition to the acreage being cut into smaller sections and having many housese-built. Mr. Roger Farber, 6525 Rowland Rd. , spoke to the area as "exquisite" and requested this land be studied before anything be allowed to happen that would change the neighborhood. Mr. H. Torjesen, 6605 Rowland Rd. , said his feelings were the same as recorded in the previous meeting and the residents respect each others views and did not want to tell each other what to do. He said he was in full agreement about the "top of the hill" , but did feel the other situations did not offend him. Chairman Wedlund spoke to Subdivision 2.6 - Part A of the Ordinance. dealing with outside storage in Rural area. Wedlund inquired of Sharon Swigg, Ruzic ',*secretary, whether Ruzic's -business is operated from this property. Swigg responded affirmative. Minutes - Zoning Bd. of Appls. and approved Thurs. , July 20, 1978 Adjustments - 2 - Weslund questioned the percentage of grading permited and whether they are aware of a road back in that area. Engineer Hansen responded they were not aware of such a road and that 10% grading was permited and a permit was required after that. Sandvick spoke to requesting that }the building inspector check__ into the amount of land being disturbed and whether a permit is needed. MOTION: Sandvick moved that we deny variance 78-6, which does not meet Ordinance 135, allowing for five acres. This variance would cause hardbhio on adjacent property and homewoners. Mr. Ruzic approached this Board but prefaced his comments at Mr. Green, and does not feel chat the variance granted to Mr. Green has any. bearing on this decision, Subsequently if a variance were granted to Ruzic, he would have certain ramifications the ordinance has not prepared us to handle before any decision to break up the property and should come under direction of Planning Commission and City Council . Wedlund reques*d addition of: in granting this request, he feels we will have granted a special privilege. Wedlund seconded. Motion carried 3-1 , with Krueger voting "nay". Wedlund inform Swigg that Mr. Ruzic had the right to take this before the City Council or take it to court. Board members were in agreement that a memo to the City Manager should be sent from the Zoning Board of Appeals and Adjustment and that the board should receive responses to any action taken. 3. New Business None 4. Adjournment MOTION: Sandvick moved to adjourn at 8:00 PM.