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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 10/19/1978 APPROVED MINUTES EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, October 19, 1978 7 :30 PM, CITY HALL MEMBERS PRESENT: ChairmariA'James Wedlund, James Cardinal, Ronald Krueger, and Roger Sandvick MEMBERS ABSENT: Richard Lynch STAFF PRESENT: Walter Johnson, Building Official and Sharon Gagnon, Recording Secretary 1. Minutes of September 21, 1978 regular meeting. Pg. 2, para . 8, sent. 1, Sandvick; Pg. 4, para . 2, sent.l, Sandvick. MOTION: Wedlund moved to approve the September 21, 1978 regular meeting as published and amended. Cardinal seconded, motion carried unanimously. 2 . Reconsider the Minutes of August 17 , 1978 meeting. The board acknowledges the letter from Donald Sorensen requesting • the changes in the minutes of August 17 , ,1978 regular meeting in regard to Variance #78-8. Pg.l, para . 9, .sent.l and sent. 2, spelling Sorensen; Para .9, sent. 1, " on behalf of a purchaser from Hipps Construction Co. ", P94 2 , qdd motion carried unanimously. The board requested that a copy of the corrected minutes be sent to Donald Sorensen and the Board members . Cardinal moved to approve the minutes for the purpose of records . Wedlund seconded, motion carried unanimously. 3. Variance #78-14 from GreggR. Pederson for side and setback variance to construct a deck at Garr son Way. Mr. Pederson, 9725 Garrison Way, explained that he had his contractor build sliding glass doors on his home. This post summer Pederson added a deck off these sliding doors which was 3/4 done when notified he needed a permit and he had to meet the side yard setback requirements by the Building Dept. Pederson presented a letter from the surrounding neighbors indicating approval. Wedlund questioned Pederson as to how far his house is frpm the property line. Pederson replied that the deck is 12 " and his home is 14.9 from the property line leaving 2 .9. Johnson pointed out Jullie 's recommendation that "if a variance is to be approved, we recommend a maximum variance of 5 ' so there will be no encroachment into the drainage and utilitj easement Minutes -Zoning Bd. of A ppls. a pproved Thurs . Oct. 19, 1978 and Adjust . along the property line". Johnson stated that it is very expensive if something is built over a- eaaem`ent if work must be done later. There is some surface drainage -pro lams in the area so it may be necessary for some changes and this easement is necessary to get to the back of the property. Cardinal asked Pederson if he is the first owner of the home and if the sliding doors were on the original plans . He also questioned the heighth of the deck. Pederson said he was the first owner and that the sliding doors were on the original plans . The deck is 12" off the ground. Sandvick questioned Frank Thomas, 9785 Garrison Way and Donald Hodd, 9805 Garrison Way. They responded that they and other neighbors understand and are in support of the variance request. MOTION: Cardinal moved that they approve the variance as recommended by the staff that the deck be limited to no more than 10 ' and in view of the following findings. 1. Pederson proceeded with the deck in violation of Ordinance 135 due to lack of information. 2 . The fact that neighbors are not opposed and there is no detrimental effect on the commVnity; and they would not be granting a special priviledge. . Wedlund seconded the motion adding that anything greater than 10' would deny his neighbor the right of use to his property and prevent the utility companies to gain access to the back of the property. Motion carried unanimously. 4. Variance Request #78-15 from Kenneth E. Ross for front srd setback variance or garage addition at16371 Westgate Dr. Mr. Kenneth Ross , 16371 Westgate Drive, requested that he change his present garage to a family room and add a garage to the front of present garage changing the front setback from 50' to 35'7 . He presented letters of approval from his neighbors . MOTION: Cardinal moved to approve the variance based on the fact it is a reasonafllke request and there is no deteriating effect on the neighborhood. It is not seen as a special priviledge with no good reason to deny the variance. Krueger seconded, motion passed unanimously. 5. Variance Request #78-16 from Win. J. Keegan, 7060 Springhill rcle tor a variance from rear aide yard setbacks to-'f' rom the sideyard and 31 trom t o rear lot line to buirT a storage shed . Mr. Keegan stated that he initially started building a storage 0 shed using railroad ties for the permanent foundation and rough cedar siding when he was notified by a Building Inspector Minutes -Zoning Bd. of approved Thurs . Oct. 19, 1978 A ppls. and Adjust. -3- that the shed did not comply with the rear lot line setbacks and a permit was necessary. Wedlund questioned neighbors Marsha Schaak, 7067 Springhill and Mr. and Mrs . Fitzsimmons 7064 Springghill if it was objectionable and how they would feel if others built sheds. They had no objections. Wedlund questioned what was across from Keegan's property. Keegan replied that a walking path and road was across from his property. His intention is to put a vertical type of evergreen along back of the shed which would screen the walking path and road. Keegan felt that Edenvale had no opposition to his building. Wedlund stated that the City Council made a published statement in regard to needing a permit for a shed. Johnson commented that the exception was in rural areas but was needed in platted areas. MOTION: Wedlund moved to approve the variance with the stipulation that the building would be screened from the walking path and on the Borth and west portion of the bulding with vertical shrubs within climatic conditons . This would be no injury to the health and welfare of Eden Prairie or Edenvale. Cardinal seconded, motion carried unanamiously. 6. New Business. Mr. Ed Dvorak, 6745 Flying Cloud Dr. wanted to get the Board's opinion regarding applying for a variance to purchase a home in Hopkins and move it to his property which is zoned 1 5 Park Industrial. The Ordinance states you cannot build a new residence in an industrial zone. He owns 3/4 acre. Wedlund expressed his opinion that it would benefit him financially better if he did not move the home to his property. Also, the purpose of industrial zoning is to promote industrial use. The Board felt there could be problems with side yard, front, and rear setbacks because of the zoning. They also were concerned in regard to the egress into the property. They directed Dvorak to the Building Pept in the nest procedings . 7. Adjournment. MOTION: Cardinal moved to adjorn at 9:05. Krueger seconded, motion carried unanlmousl*°