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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 05/15/1978 UNAPPROVED MINUTES EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, JUNE 15, 1978 7930 FM, CITY HALL MEMBERS PRESENT: Chairman James Wedlund, James Cardinal, Ronald Krueger, Richard Lynch and Roger Sandvick MEMBERS ABSENTS None STAFF PRESENT: Carl Jullie, P.E., Director of Public Works Donna Stanley, Recording Secretary 1. Minutes of May 18. 1978 re ar meetine The following corrections were made: Pg. 1, para. 6, delete "unless they constituted a hardship". Pg. 2, para. 7, correct spelling of "arbitrary". it it n 91 it " " "petitioner". " 3, " 4 add "and would be provided the same". MOTION: Cardinal moved to approve minutes of May 18, 1978 regular meeting as published and amended. Krueger seconded, motion carried unanimously. • 2. Variance request #78 6 from Joseph Ruzic for lot size variance to allow land division creating 2 lots ha than 5-acres 5-acres in the Rural district at 6825 Rowland Road. Mr. Joseph Ruzic, 6825 Rowland Road, spoke to his original plan from 1966 which received tentative approval from the Planning Commission with the recommendation that he purchase this additional piece of land in order to continue road into Rowland Road. He explained that he plans to build his house where it would not hinder future development, and that he feels his variance is reasonable because he has a complete plan. Wedlund expressed concern that we are talking about re-zoning, rather than granting a variance. He asked Ruzie for the reason for the request for variance to build his house. Ruzic responded he has a separate farm house, with a Torrence Title,and cannot sell his house separately, because of two separate pieces of land. Krueger asked Jullie what the status of the transitional zoning was in the Guide Plan. Jul.lie responded that it is one of the proposals in the Guide Plan Update, and that this is the only validity it has right now. He ex- plained that the point of the transitional zoning proposal was to allow limited development to occur where sewer and water eventually will be put in, and that we should plan this area out and let some development happen, because it will be difficult to assess with only a few homes. Lynch commented that he has nothing against the plan, but feels the Board needs to consider the fact that the Ordinance states five acres and that it is not officially changed yet. Minutes - Zoning Bd. of Appls. Unapproved and Adjust. - 2 - Thurs., June 15, 1978 �' II Jullie questioned Ruzic as to how he envisioned the proposed road. Ruzie res- ponded that he would continue at a 10% grade, and outlined the potential road route on the map. Cardinal asked Lynch whether the Planning Commission gives contingent approval. Lynch responded that there is no reason for them not to, if it is a reasonable plan. Mr. H. Torjesen,6605 Rowland Rd., spoke to being close neighbors and that he repre- sents the consensus of the surrounding neighbors in that they prefer the five-acre term of the Ordinance until the transitional zoning proposal is adopted by the City. He added that when this happens, he feels the neighbors will. generally--suPpohe he two and a half acres. He added further that he does not feel the placement of the house is convenient, but believes all people should be able to do what they want with their property. Wedlund noted the present terms of the Ordinance as five acres, and felt that we do have to consider the fact that people have moved in with the understanding it will stay that way. Lynch expressed concern for"locking" Ruzic into a plan, when conditions could change drastically before he would do any building. He asked why it was necessary to pre- sent a preliminary plat. Jullie spoke to the preliminary plan referred to by Ruzic and questioned the road grading plans for 10% grading, not* that the City's is 7 . He felt Ruzic should show how a road could be put in at 'W and also suggested cleaning up the trucks and outside storage on the land. Ruzie responded that the road grading question is ten years away, and felt that since the City could not tell him when the utilities were coming in, he should not have to have such complete plans. He added that the farm house will eventually go and be replaced by something else. Torjesen commented that the trucks on Ruzic's property did not bother him, but approval of a preliminary plat was not a good idea because it would commit Ruzic or the area to one plan. Krueger spoke to similar situations in Minnetonka, where an owner has built a house on a five acre plat without any thought of when utilities come i.n, and is left with a large assessment to pay. He spoke in favor of the planning done by Ruzie in placinglts house in anticipation of development. Lynch commented that he felt this situation was the same as the variance requested by Mr. Robert Green in this area, and that he felt the Board could not deny the proposed variance because they had granted the previous one, and set a precedent. Wedlund responded that he felt it was a similar request, but that the nature of the properties was different in that it was bounded by swamp and roads, without any platable land behind it, as in Ruzic's situation. Minutes - Zoning Bd. of Appls. and Unapproved Adjustment - 3 - Thurs, .Tune 15, 1978 MOTION: Krueger moved to approve the variance request to allow a land division with the following findings: he does not find it any different than any other division they have approved; location of the house seems to be in conformance with appropriate planning; it does not seem to harm hill and configuration of the land because the hill divides one property from another; and it is not detrimental to the public health, safety or welfare, or materially injurious to the public or private properties or improvements in the vicinity. Cardinal seconded. DISCUSSION: Cardinal requested the addition of: it would not constitute a special privilege„ as an ADDITION TO MOTION. It was accepted. Cardinal asked whether Ruzic was definitely planning on building on this site. Ruzic responded he was having a problem with financing at the present time. Wedlund opposed locating the house where Ruzic proposed because he felt that the neighborhood contained owners with large amounts of land, who wanted to keep it that way, and the placement of the house was not conducive with this idea. He requested the following ADDITION TO THE MOTION: This property not be allowed to be subdivided again without re-oning. Krueger and Cardinal accepted the stipulation. VOTE: The motion was defeated with a vote of 2-0-3, with Lynch, Sandvick, and Wedlund abstaining. Lynch explained his abstention was because he was against the Green approval, and felt it was not right to deny to one party what had been granted to another. He felt the Green decision had set a precedent. Sandvick commented that he was not present at the Green decision, but feels the same as Lynch, and would be uncomfortable with the same request in six months. Cardinal commented that he did not feel. the Green decision was setting a prece- dent, but that each situation that comes before the Board is unique, and that is what they should decide on. Wedlund said he had voted for the Green request because he felt theland was unique for the reasons he had stated previously. He commented that Ruzic's land has the potential for development, therefore it is different than Greents. Jullie suggested approaching the problem by including verbage that there was no approval of future subdivision or grading of the property, and that we have concern with the possible future extention of the road. Ruzic left the meeting at 9:00 PM. Board members discussed the variance further, noting that this was not just a division of property, but land that someday was going to be developed. NOTION: Cardinal moved to table this variance request until the next regularly scheduled meeting. Wedlund seconded, motion carried, with Lynch voting "nay". Minutes - Zoning Boad of Appeals Unapproved and Adjustments - 4 - Thurs., June 15, 1978 Wedlund commented that he was uncomfortable with either decision, but sympathizes with Ruzic. He felt this would affect neighbors more than the Green decision would. 3. Mew Business Lynch requested that a provision be considered to be added to the Ordinance, requiring people to take care of their vacant property. Jullie responded that this is covered under the Ordinance, if it constitutes a nuisance or whether the land contains' noxious weeds. 4. Adiournment Sandvick moved to adjourn at 9:00 PM. Cardinal seconded, motion carried unanimously.