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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 03/16/1978 UNAPPROVED MINUTES EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, MARCH 16, 1978 7:30 PM, CITY HALL HDMERS PRESENT: Chairman James Wedlund, James Cardinal., Richard Lynch and Roger Sandvick MEMBERS ABSENT: Ronald Krueger STAFF PRESENT: Carl Jullie, P.E. Director of Public Works and Donna Stanley, Recording Secretary 1. Election of Officers Wedlund's name was placed into nomination for Chairman for 1978. MOTION: Lynch moved to close nominations and to cast an unanimous ballot for Wedlund for Chairman for 1978. Sandvick seconded, motion carried unani- mously. Cardinal and Sandvick's names were placed into nomination for Vice-Chairman for 1978. MOTION: Cardinal moved to remove his name from nomination and to elect Sandvick Vice-Chairman for 1978 by acclamation. Lynch seconded, motion 18 carried unanimously. Kruegers name was placed into nomination for ,Secretary for 1978. MOTION: Cardinal moved to close nominations and to elect Krueger unanimously for Secretary for 1978. 2. Minutes of Nov. 17. 1977 reyul.ar meeting. MOTION: Lynch moved to approve the minutes of November 173, 1978. Sandvick seconded. Motion carried, with Lynch abstaining. 3. Minutes of December 15, 1977 regular meeting MOTION: Lynch moved to approve minutes of the December 15, 1977., Sandvick seconded, motion carried, with Cardinal abstaining. 44 Minutes of January 19, 1978 regular meeting Pg. 3, para. 6, sent. 2, delete "the variance request by Mr. E.A. Arp."; add "Ordinance 270 regarding field variances." MOTION: Lynch moved to approve minutes of January 19, 1978 as published and amended. Wedlund seconded, motion carried with Sandvick abstaining. Minutes - Zoning Bd. of Appls. and Unapproved Adjust. - 2 - Thurs., March 18, 1978 i5. Variance request #78-1 from Donald J. Peu-Pard for variance from the 50, minimum sideyard setback in the Rural zoning,* district. Mr. Donald Poupard spoke to his request for a variance, explaining that due to the extreme varying differences in the topography of the land in relation to the street, the only feasible level area that will obtain his structure of 80 ft. and give him a reasonable approach to garage was this site. He explained further that it provides the best area to install the drain field for his sewer system without creating an impossible access to the property as well as the ex- treme cost of installing a drain field in numerous lifts, not considering the material necessary to obtain a desireable site for the structure. Lynch expressed concern on the potential hookup for Beach Road and the Crosstown highway and the effect. He felt it was a definite plus that someone wants to build a house in this area, and that it develop into single family homes. City Engineer Jullie explained that this house does fit in with the plan, and that the further south the house, the better. Wedlund expressed concern with 11 ft. sideyard setback, when rural zoning calls for 50 ft. Poupard responded that there is a tremendous drop in terrain. Jullie responded to question on whether there was water and sewer available, explaining that the Haynes property to the south will have sewer, making it available for this property, and water pipes will be laid eventually. - . The Board members discussed whether an action of approval would be a precedent. Cardinal commented that he felt each action taken was unique to the problem, while Sandvick and Wedlund felt that by the very nature of this body, aprecedent would be set by any action taken. Wedlund felt that this property could not be seen as unbuildable, but would be more expensive to develop with the rural setbacks, and that the Board cannot use costs as a criterea for an action. Foupard inquired whether it could be re-zoned. as a residential lot. Jullie responded he could apply for re-zoning to Rl-22, but felt the City Council may hesitate because of no sewer. Poupard said he could live with a 15' to conform with the R1-22 zoning district. He commented that this lot was zoned commercial in the sixty and seventies and kept being submitted for renewal. MOTION: Cardinal moved to approve a 15' setback for the Poupard property with the following findings: it is a unique piece of property in topography and no other like property adajacent to it that will require request to build close to lot line; includes a feature that only one tree will be sacrificed; part of the north part of the lot eventually will be taken for a re-direction of Beach Rd., which presently has the effect of pn.sitioning of property; and the granting of this variance will not be detrimental to the public health, safety or welfare, or materially injurious to the public or private properties or improvements in Minutes - Zoning Bd. of Appls. and Unapproved Adjust. - 3 -• Thurs., March 18, 1978 the vicinity. Sandvick seconded, and added the following findings No opposition to Poupard's request. Motion carried, with Wedlund abstaining. 6. Old Business None. 7. New Business Mr. Lloyd Sharkey, Timber Lakes Addition, spoke to his request for a variance, explaining that in positioning his house, the only conclusion they could come to without violating easements to a greater degree would be to position the house so as to come into utilitiy easement by 3 ft. He explained that he has received the signatures of approval from people who already own their homes in that area and those that are in the process of purchasing homes. Lynch inquired whether they could build 7 ft. from the property line or 2 ft.-away from the drainage easement, or whether the dimensions of the house could be changed. Sharkey responded that they have already chopped down the house as much as possible. MOTION: Cardinal moved to make this consideration official, noting that the necessary steps have been taken of notifying property owners, therefore meeting the requirements of the Ordinance, subject to collection of application fee and completion of application form. Lynch seconded, motion carried unanimously. • After further discussion, Chairman liledlund ruled that a variance would not be necessary, because the property is part of the standard PUD for the Timber Lakes Addition, and the sideyard setback was met because the property had 7 ft. setback and only 5 ft. was necessary. Jullie presented to the Board for their opinion, gszestion by Mr. Mike Andersono Westgate Terrace, as to whether a variance is necessary in bringing a tennis court line up to the lot line. After discussion, it was the opinion of the Board that a variance would be needed in order to build a fence higher than 6 ft.. 8. Ad„jour, negt MOTION: Cardinal moved to adjourn at 9:15 PM.. Sandvick seconded, motion carried unanimously.