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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 02/19/1978 .'APPROVED MINUTES EDEN EUIRTE ZONING BOARD OF APPEALS .AND ADJUSTMENTS THURSDAY, JANUARY 19, 1978 7:30 PM, CITY HALL MEMBERS PRESENT: Chairman Wedlund, James Cardinal, Ronald Krueger and Richard Lynch MEMBERS ABSENTS Roger Sandvick STAFF PRESENT: Carl Jullie, P.E. Director of Public Works and Donna Stanley, Recording Secretary 1. Minutes of Nov. 17. 1977 regular meeting. 2. Minutes of December 15. 1977 regular meetira . Chairman Wedlund ruled to continue the approval of the Minutes from November 17 and Deoember 15 meetings for lack of a quorum present from those meetings. 3. Varipgge Re ue t -12 f m David SW Robert Green fo, variance f rom, auiremonts of the a " zoning distric is r :u of acres. 0 c « Mr. Robert Green, 6533 Shady flak Road,, reviewed briefly the request for the variance for the benefit of members not present at original meeting. City Engineer Jullie summarized the action taken by the Board at that meeting, and presented the communication from the City Attorney respond- ing to the question whether this was a zoning request rather than a variance request. He expainod that the City Attorney considered it a variance re- quest, therefore., this was the proper body to take action. Wedlund questioned how the Greens received the impression that the land was zoned multiple. Mr. Robert Green responded that according to the 1968 Guide Plan, it was shown as multiple zoned. Wedlund expressed concern with the possibility that the Board was being asked to approve a land division, rather than gust the division of the property. The Board discussed the area southe"t of the prepertyp .the-Golden Ridge Addition. Jullie responded to Wedlund that the entire area to the west was under consideration for re-zoning under the Guide Plan update. Lynch felt we_could be setting a precedent by dealing with this property, noting that neither lot would be acres. Cardinal pointed out that there is a difference between dividing one five acre plat int two sections and dividing property such as a farm. Minutes - Zoning Bd. of Apls. and approved Adjust. - 2 - Thursday, Jam. l9, 1978 46 Mr. David Green explained that his father, Robert Green, had no intention of building more than this one additional house, and that he was not doing it for the purpose of capital gain. He said the property was bought jointly for the purpose of building this house on the land. Air. Robert Green spoke to the "Certificate of Title", and the terms of the contract for deed., subject to the ordinance of Eden Prairie. He added that their impression was that it could be platted into ' acre plats. Xrueger expressed no disagreement to this, but was concerned with setting a precedence. MTIaN: Cardinal moved to approve this petition, keeping in mind the Board's concern about precedent setting - with possible further request for this parooli the findings for approval are the followings lot size Boom more than adequate to house another home; 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 the vicinity; no possibility of a future problem on the axath side because of city owned park property; and setbacks etc. meet the Ord nano*. Wedlund added; Apply stipulation and revision, that as far as being subdivided again under its present zoning, it would be unlikely to occur without proper zoning, and this be attached along with variance approval; and that this proper- ty is unique because it is bounded by roads, swamp and park on three sides. Wedlund seconded. Roll call vote was taken, with the motion carrying on a vote of 3-1, Lynch casting the dissenting vote. Wedlund informed the petitioners that they had one year to comply with the decision. 1�. Variance re a from Richard X, Andersonf rIgAremouts of the I -F k zoping district which r -sift cif_ 5 act Mr. Richard Anderson, 6700 Excelsior Blvd., spoke to the six acre parcel purchased for Interstate Diesel Co. on Valley View Rd. and Washington Avo., explaining that there are two separate mortgages on the two buildings ad the variance would be for the purpose of legal description only. Jullie further explained that when this request was reviewed on the Staff level, that ifno variance was granted, he could still have two buildings, and that the only change would be for the mortgage purpose. He added that the other options of changing it to I=4, among I-5 zoning was not reasonable. NOTIaNs Cardinal moved to grant the petition for the following reasons specifically to accomodato the unusual mortgage situation with the two► mortgage companies; tha applicant could construct two buildings on the parcol"witboUt the variance; and the unreasonableness of re-zoning to I-2, when all other parcels in that area are zoned I-5. Krueger seconded, motion carried un- animously. Minutes - Zon. Id of Aple. and . .approved Adjust. - 3 - Thursd., Jan. 19, 1978 Variance roggest #77!!-U from Flord R. -variancem URnt ,r2a setbacks of the I-General souiw dlotrict. Mr. Floyd R. Dahl, 6281 Industrial Drive, spoke to his variance request} explaining his intention to build an additional building for Peg Board Systems. Parking requirements were specifically discussed, and it was noted that a variance could be needed to allow cars to park in front of the building. Jullie inquired whether Dahl had been to the Watershed Districts and Dahl ro,epondsd that he had consulted with them. MOTIONS Lynch moved to approve this variance with the following findings This in fact would be a general improvement to the propertyj and does not present any problems that would be detrimental to the public health, safety or welfare, or materially injurious to the public or private properties or improvements in the vicinity. Cardinal added: In approving the variance for the park.situation, it is approval based on the uniquely industrial area that is cut off from the rest of EdenPrairie. (front yard, back yard, parking in the front yard setbacks and total amount of parking spaces) Cardinal seconded, motion carried unanimously. 6. New BusiaoU Cardinal requested the Minutes of the City Council portaining to_the_ _ consideration and denial of_Ordin cc 270 regard fleld- variances4 -- --- 7. AdJourament MTION: Cardinal moved to adjourn at 9s2O PM. Krueger seconded, motion carried unanimously.