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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 09/21/1978 A PPROVED MINUTES EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, SEPTEMBER 21, 1978 7 :30 PM, CITY HALL MEMBERS PRESENT: Chairman Wedlund, James Cardinal, Ronald Krueger, Richard Lynch, and Roger Sandvick MEMBERS ABSENT: NONE STAFF PRESENT: Carl Jullie , P.E. Director of Public Works and Sharon Gagnon, Recording Secretary 1. Minutes of July 20, 1978 regular meeting. Pg. 1, para. 4, sent. 1, expressed; sent. 3, delete "without permit"; sent. 8, having; Pg.2 , para .4, sent.3, hardship on; para.6, sent.l, correct spelling of Wedlund; para .7 , add "and that the board should receive responses to any action taken". MOTION: Wedlund moved to approve July 20, 1978 meeting as published and amended. Cardinal seconded, motion carried with Sandvick abstaining. 2 . Minutes of August 17 , 1978 regular meeting. Pg.2 , var.78-9, para .4, sent.l, delete of add if; pg.3 , sent.l, correct spelling of illegal. MOTION: Lynch moved to approve. August 17 , 1978 meeting as published and amended. Krueger seconded, motion carried. 3. Variance request #78-11 from Robert V. Martin to subdivide his property at 12655 valley View Rd in a Rural zon ng strict. Martin spoke of his desire to divide his property so that he could sell his home but maintain the remaining property. Wedlund inquired if Martin's intent is to wait until the land is rezoned in order to build more homes . Martin answered that it was. Lynch questioned the zoning of the property. Jullie explained that the property was zoned Rural. Martin's property was 2.4 acres but it was necessary to have a minimum of 5 acres to build in Rural zoning. Lynch noted that Martin's property is bound on the North by Top View acres which is a single family residential area , South by Menard's, on the West by the New Testament Church. Micheal P. Grieco, 12781 Vina Lane questioned if this land was to be used for a trucking operation and zoned commercial. Minutes-Zoning Bd. of A ppls . approved Thurs. , Sept.21, 1978 and Adjust. -2- Wedlund pointed out that this board does not have anything to do with rezoning. This variance requests a division of property only to build on the other half. Lynch stated Menard's , which is south of Martin's property, purchased 75 acres and was approved by the Planning Commission but denied by the Park & Rec. Dept. _f�4ec� ,questioned who would be responsible for payment of - sewer and water when it became available. Jullie said that special assessments go to the owner of. the property. Wedlund questioned Jullie in regard to front setbacks. Jullie responded that Cty. Rd #60 will probably become a residential street when Schooner Blvd. goes thru. He pointed out that the North-South line as a division would be more appropriate with 1.56 acre remaining. Wedlund asked Martin if he could rent out the house but Martin stated he needed the equity for a new home. Sandvich questioned Martin as how he wanted the property divided. Martin said it made no difference. • MOTION: Cardinal moved to approve the variance with the lines recommended by Jullie. He noted this is a. tunique property location which would not effect the surrounding area . The board would not really be granting a special priviledge. Wedlund added the division for the other half should not be less than 111' . Jullie responded that the intent would be as close to 111' as possible. Wedlund added that the trees would remain on the original property. Sandvich reiterated Cardinal and Jullie 's statements . Wedlund moved that the Board deny the variance request since he felt the board would be granting a special priviledge and opening up for a commercial venture because of Ring Route and they cannot sympathize with speculation. Lynch stated he felt they are using this for speculation purposes . Roll call vote was taken with the_ motion denied on a vote of 2-3. Cardinal "yay", Sandvi&, "yay", Wedlund "nay" Krueger ':nay" Lynch "qay". 4._ Msri-anc+e request #78-12 from Ban-Con Inc. for a variance -- fr-- - ran„ired 3 set ac or proposea rownnouse aev-a pment 8994 hru 9056 Neill LakeRd. Twenty six people were present in relation to this variance. • Mr. Hans T. Hagen, Jr. , president of Ban-Con, Inc. explained that the original pplans were approved in 1971 for 195 condo- miniums with only 35 built before bankruptcy. First National Minutes -Zoning Bd of A ppls . approved Thurs. , Sept 21, '78 and Adjust. -3- Bank of Mpls. took over and divided this Tract B. • Cardinal questioned why this was done by the bank. Hagen replied that the bank wanted the original units finished as soon as possible and put the remaining land up for sale. Hagen stated that originally this was a PUD with 188 units with the land dictating how the property was to be built . Three things were taken into consideration: A. Topography, B. View, C. Trees . It was stipulated that if any significant changes were to be made , this PUD was to go back, to the Planning Commission. Ban-Con submitted plans for 70 units instead of 160 and were given approval for building. Since it is a PUD, no setbacks or side yard requirements are in effect. Ban-Con has spent $360,000 for grading since receiving approval. The zero lot line is necessary due to trees and a 2-1 slope which the Water Shed wanted to remain. The primary concern of the Ridgewood Condominiums is parking. Hagen presented a parking analysis showing a ratio of 2 .5 to 1 which includes nine units Ban-Con would add if approved by the association. He also presented copies of the area showing the existing garages and the proposed Ban-Con project. He felt approval should be granted due to economic hardship caused by the site and since this is a PUD, it should be designed to give a developer freedom and waive any ordiances . Jack Hacking, Chief of Police of Eden Prairie, spoke on • - - behalf of the Ridgewood Condominiums. He sited examples of parking problems at Atherton and Shadow Green. His concern was for the loss of the present parking facilities and crime prevention with the new units 400 or 500 ft . away. He pointed out- the owners of the Ridgewood Condominiums were concerned -about the safety of the road if the new condominiums would be built on the zero lot line. He stated some places use rumble strips to slow traffic. Other concerns were the problem of having cars towed away, removal of snow and fire protection. Rick Cartar, president of Ridgewood Condominium Association presented the Board with a four page outline describing the problems anticipated if the variance were to be granted. Attached to these minutes is that outline which he read-tom- the Board at the meeting. Wedlund asked how much this plan was altered from the original. Hagen answered there was no signivicant deviation except the number of units. Robert L. McCollum, the legal representative for the Ridgewood Condomiums felt that a varfaace could not be granted because of cost. 41 Wedlund explained there was an amendment #77-6 which allowed this . Jullie agreed to mail a copy of #77-6-to McCollum. Minutes - Zoning Bd. of Appls. approved Thurs. , Sept.21, 1978 and Adjust. -4- • McCollum showed the Board pictures of the lower and upper parking lot. He felt that the fill that Ban-Con had brought in had caused more of a slope. Sandvich questioned McCollum if he represented the Association as a member or legal counsel. McCollum answered as legal counsel and he was with the firm Cragg & Ba illy, 300 Midland Bank Bldg. Wedlund questioned if the garages could be considered as an accessory building. Jullie responded that garages were not . Barb Olson, secretary to the Board of Directors of the Rigewood Condomiums presented 37 signatures opposing the variance proposal of Ban-Con. Norman M. Gabrick, 10869 Forestview Circle, questioned why grading and concrete footings were allowed before this meeting. Hagen showed on the proposed drawings where a building permit had been issued by the Building Dept. Bob Carlson,9061Neill Lake Rd. , said he had attended the meetings for the Planning Commission on this project and the • only thing he felt came up were the problems of ingress and egress by Woodwatch or Lakefall Dr. Lynch noted that the Planning Commission would not have probably approved of the loss of parking spaces. He read the motion of the approved Planning Commission Minutes, April 10, 1978, " Bearman moved, Retterath seconded, to approve the Ban- Con owner occupied building design dated 3-16-78 and the sight line plans dated 4-4-78 for the Ridgewood South site zoned RM 2.5 contingent upon the staff a pprovinf the berming and landscaping. Motion carried unanimously. ' MOTION: Lynch moved to deny the variance based on the fact he did not believe the Planning Commission would have granted permission to lose parking units and the fact that the Director of Public Safety does not recommend it because of police and fire protection. Cardinal seconded the motion adding that by approving the variance, although this is a PUD,it would affect parking on the adjoining lots. Motion carried unanimously. Cardinal pointed out that the townhouses on Shady Oak Rd. went defunct. He felt that the Planning Commission should be alerted to the breakup of the original PUD's. 5_._ Variance Request #7.8. 13 _from-Cortland Hau t for 8.5 vari' nce rom required setback orproposedgarage a t on at • o. Lun R . Minutes- Zoning Bd. of A ppls. approved Thurs . , Sept.21, 1978 and Adjust. -5- Haupt told the Board he would like to change his tuck-under garage into living space and build a garage on the end of the house. Wedlund questioned the location of the house on the block. Haupt replied the second house in. Cardinal noted the staff recommendation that an explanation of how the roof lines will blend and the heighth of the proposed garage will be built. Haupt answered he would build a Hipp roof on the garage. MOTION: Cardinal moved to grant the variance noting the side yard setback is closer than he prefers . The distance to the next house is 34' and the neighbor is lower. This would not cause any hardship. He pointed out that the trend in the houses of today compared to houses 15 to 18 years ago is in utilizing of the garages . He felt the Board would not be granting a special priviledge. Lynch added that the Board has had a number of requests and have had no opposition. Krueger seconded. Motion carried unanimously. 6. old Business. • In response to the Ruzic property, the City Staff will ask the City Attorney in regard--to violations, Wedlund questioned the grading. Jullie stated there wasn't more than 10%. Sandvich questioned if Ruzic cut the road in. Jullie felt he has the right to use his property in the way he wants . Wedlund asked about the Char Lynn sign. Jullie stated they did not get a permit. The City Staff feels it is not a sign for Char Lynn but a community message. They determined they were not violating the sign ordiance. Wedlund noted that the board turned down Rosemount for a similar sign. Jullie answered that the sign has been there for a long time. Cardinal noted the sign of Jake's. Jullie stated that Don Peterson of Edenvale was not in favor of a common sign in regard to Elite Travel's 'request. 7 . Adjournment. r MOTION: Sandvich moved to adjourn at 10:45 PM. Lynch seconded, motion carried unanimously.