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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 08/17/1978 APPROVED MINUTES EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, August 17, 1978 7:30 PM, CITY HALL MEMBERS PRESENT: Chairman James Wedlund, James Cardinal, and Richard Lynch MEMBERS ABSENT: Ronald Krueger and Roger Sandvick STAFF PRESENT: Carl Jullie, P.E. Director of Public Works and Sharon Gagnon, Recording Secretary 1. Minutes of July 20, 1978 Continued approval until the next meeting. 2. Variance request #78-7 from Wayne L. Pearson for sideyard setback variance for garage addition at 8209 Hillside Dr. Mr. Wayne Pearson stated he was before the board in March of 1978 for a variance to build a double garage but motion was denied. He therefore decided to build a single garage but needs a 2' variance. Pearson's sewer lines will be under the cement but Jullie felt this would be no problem. No one from the audience spoke neither in favor nor against the request. Wedlund said the adjoining neighbor called him and was in favor of the request. MOTION: Cardinal moved to grant variance. Lynch secondedtmOtiOn carried unanimously. 3. Variance request #78-8 from Hipps Construction Co. for granting variances rom the provisions o ordinance 35. Mr. Don Sorensen, _an_attorney spoke on behalf of a ourchasor from Ki-pps Construction Co. regarding the variance request. Mr. Sorensen explained that when the city planning commisri,)rn end City Council approved the Hipps Mitchell Heights Third Addition platting they approved a general site plan showing the development of sixteen duplexes on thirty two lots with each duplex building occupying two lots ; however, no specific variances from the requirements of Ordinance #135 were granted by the City "Council in the approval process , and thus could possibly be a legal "cloud ' on the title of these units without a specific renumeration of the required variances. The variances requested are as follows : 1. Subdivision 2 .1, Section 2 , Ordinance #135 a) Reduce minimum lot size from 13,000 square feet to 6,500 square feet. Minutes - Zoning Bd. of A ppls. approved Thurs . , August 17, 1978 and Adjust. - b) Reduce side yard setbacks to zero feet on party wall side and to ten (10) feet total. c) Reduce minimum lot width from ninety (90) feet to forty (40) feet. d) Remove and delete the group usable open space requirement of 1000 square feet per dwelling unit. 2. Subdivision 2.7, Section 2 , Ordinance #135 a) Remove and delete the requirement that the design of all sites and structures be developed in accor- dance with plans and specifications prepared by a registered professional landscape or building architect. b) Remove and delete the requirement regarding exterior building finishe6. Cardinal mmet to approve variance request #78-8 based on the following findings. 1. The variances conform with the intent of the Planning Commis0ion and City Council approval of Hipps Mitchell Heights Third Addition plat . 2. Formal approval of the variances will help homeowners gain a " marketable" title to their properties . 3. The variances do not violate the spirit and intent of Ordinance #135 regarding multiple dwellings and that the actual separation between but*ding will meet or exceed the setback requirements of Ord. 135. 4. The variances will not be a detriment to adjoining properties nor to the health and welfare of the City of Eden Prairie. Motion carried unanimously. 4. Variance Request #78-9 from Elite Travel Inc. to construct a s gn on Hwy. 5 between Mitc e Rd. & Martin Dr. Sherry Johnson, Chris Ristvedt, and Antigo Joing representing Elite Travel asked for a sign along Hwy 5 pointing to their office. Sherry Johnson said there was a decorative sign on Mitchell indicating all the businesses on Martin Dr. Chris Ristvedt said most of the businesses in the area are not consumer orientated. Wedlund questioned i,f Edenvale would consider one appealing sign for all the businesses on Hwy 5 that would conform to the area. He felt this would eliminate a request in the future by every business For individual signs . Lynch questioned the variance from Ord. #261. Cardinal said this is considered a non accessory sign. Minutes - Zoning Bd. of A ppls. approved Thursday, August 17, 197 and Adjust. -3- Lynch said there are many illegal signs along Hwy. 5. Wedlund asked Carl Jullie to contact Don Peterson in regard to this. Lynch stated Edenvale did have a comprehensive plan at one time but did not know why it wasn't followed up. Wedlund stated Edenvale would need approval from the Board of Appeals. MOTION: Cardinal moved to deny variance #78-8 which conflicts with Ord. 261, since the sign is a non accessory sign prohibited in a non advertising zone and approval could lead to a proliferation of such sign along Hwy. 5 and that a well-done, con om sign for the entire area would be more appropriate. Wedlund seconded, motion carred unanimously. 5. Variance Request #78-10 from David Ekback for front yard_ setback variance tor new house at 7253 Gerard Dr. Wedlund presented three letters from Mr. & Mrs. Gary Wagner, 7296 Gerard Dr. , in opposition; Mr. Donald Bridge, 7272 Gerard Dr. in opposition; Gary and Renee Simonson, 7267 Gerard Dr. approved of 45 but were opposed to 30' . Present were C.L. Phillips , 7267 Gordon Dr. , Rose Korogi 7273 Gordon Dr. and Peter Gumina , 7273 Gerard. Mr. Ekback, the proponent, discussed the wetness and drop off of property with Wally Ball of Eden Realty before purchasing the lot. Mr. Ekback ordered soil tests from Scholl and Matson. They recommended to move the house to drier ground to prevent moisture proplem. Mr. Ekback did not understand there was 17 ' from the street to property line. He called the Bldg. Dept. twice and was told 30' was permissable for the front setback and they had no jurisdiction over the covenents. He brougnt in the plans and survey for the house to the Bldg. Dept. While waiting for the permit, Mr. Earl Engrine exacavated the lot. The excavation filled with water and the Bldg. Dept. called Scholl and Matson to contact Ekack in regard to the violation of digging without the permit. Eckart was told by Wally Johnson that the average front setback in the neighbor- hood was 50' and that since the block was 40% developed, his setback would also have to be 50 ' . Wedlund stated one side of street is in perfect line but the other side is not as perfect. Phillips, 7267 Gordon Dr. stated he owned five lots but hauled in fill for these. Gumina, 7273 Gerard, stated he was told by Wally Ball that the remaining three lots would be a park. Eckart s house would block his view. All the lots were deep. Wedlund questioned if these lots were suppose to be a park. Jullie said the Park and Recreation Dept. at one time did Minutes - Zoning Bd. of A ppls. approved Thurs. , August 17, 1978 and Adjust. -q- give consideration as to the developing of the lots but the City did not purchase them. Cardinal moved to deny the Variance #78-10 based on the following findings : 1. The neighborhood is almost fully developed at the 50' setback as required by the covenents for this subdivision. 2. The neighbors present at this meeting expressed their concern that the variance would result in a detriment to their properties because of conflicting sight lines from q their homes and the street. 3. It appears reasonably possible that with some additional cost for fill that the house could be built at the 50' setback. Seconded by Lynch, ,motion carried unanimously. 6. Old Business The board questioned Carl Jullie in regard to a letter to Roger Ulstad regarding Ruzic property. They wanted a response but noted that the minutes did not request this . Jullie said Ulstad gave him the letter but he has not had time to follow up on it. 7. New Business The board requested a report from the Bldg. Dept. in regard to the Char Lynn sign that fell down,and was being replaced. Was a sign permit granted. Lynch requested status of the updated Guide Plan. Jullie responded that Chris Enger is workiag, on the final draft. 8. Ad_i ourment MOTION: Lynch moved to adjourn at 10:00 PM. Wedlund seconded, motion carried unanimously.