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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 04/19/1979 • APPROVED MINUTES EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, APRIL 19, 1979 7:30 PM, CITY HALL MEMBERS PRESENT: Chairman, James Wedlund, James Cardinal , Richard Lynch, Roger Sandvick and Ronald Krueger MEMBERS ABSENT: None STAFF PRESENT: Carl Jullie, P.E. Director of Public Works and Sharon Gagnon, Recording Secretary I . Minutes of March 15, 1979 regular meeting. Pg.l , Item 2, para. 2, sent. 3, spelling unanimously; Pg.2, para. 6, sent. 2, add Les and correct spelling Blacklock; Pg. 3, para-2, sent.l , spelling Carolyn; Pg.3, para. 4, sent. 1 , Carolyn; Pg. 3, Item 6, para. 2, sent. 2, spelling mortgaging; sent. 3, spelling technicality; Pg.4, Item 7, para. 3, remove s and add a. • MOTION: Cardinal moved to approve the March 15, 1979 regular meeting as published and amended. Sandvick seconded, motion carried unanimously. 2. Continuation of Variance Request#79-9 submitted by Mike Axtman. Axtman asked to continue his variance request to the May 17, 1979 meeting. Sandvick questioned Axtman if he still intended to ask for the same side yard variance. Axtman replied he would be petitioning for less feet. Wedlund asked Axtman if he was aware of the letter sent to City Hall from his neighbor, Carolyn Maiden. Axtman read the letter but felt he-would not change his petition. ✓ Axtman requested time in which to work on plans that would be approved by his MOTION: Cardinal moved to table the request to the May 17, 1979 neighbor. regular meeting. Krueger seconded, motion carried unanimously. 3. Variance Request #79-12 submitted by Windsor Development Corp. for a variance from the required 20' setback to allow a 9.8' building setback from the Hampshire Lane Street right-of-way. Mr. Gerald Mazzara, 9718 Mill Creek Dr. represented Windsor Co. in their variance request. Mazzara explained they were constructing duplicate building plans when the supervisor made a mistake in reversing a plan. This was not discovered until the trusses were delivered and they didn't fit. Wedlund questioned if the building was already up. Minutes - Zoning Board of approved Thurs. , April 19, 1979 Appls. and Adj . -2- Mazzara answered yes. Cardinal recommended that Windsor be cautioned to amend their checklist procedures. Cardinal noted that this request would be necessary to remove any clouds on the title. Wedlund pointed out that it was 9.8 from the portico and 9.0 to the curb for a total of 18.8. MOTION: Cardinal moved to approve the variance request to allow a 9.8 building setback on Hampshire Way since it seemed to be a honest oversite and it is not detrimental to the health and welfare of the community. Krueger seconded, motion carried unanimously. DISCUSSION: Lynch was upset that the City did not check the surveys and foundations of the buildings being constructed. He felt the City should share the responsibility for the mistake. Jullie commented that it is difficult to get a specific sense of direction on this job site because of the conditions of the road. • 4. Variance Request #79-13 from Bernard Y. Hamilton for a variance from a side lot setback requirement of 50' in a rural zoning to 33' . Hamilton requested a variance to allow a 33' side yard setback instead of 50' . He explained he would be building on the east side of his home because the location would be the best and since his bedrooms were located on the west side. The floor of the garage would be basement level. Wedlund noted that approximately three years ago, Hamilton requested a variance to move a home to this parcel of land. The Board of Appeals did not take action on this but had Hamilton go before the City Council to have the property divided and approved. The house was built legally without a variance. The house was positioned to the east side of the property. Joe Flesher, 14000 Research Rd. , stated his concern over the density of the area due to development by Centex. He also stated that he had checked with Roger Ulstad and was assured that a garage was necessary in order to get a building permit and the garage would be 50' from the property line. Dave Guilie, 8911 Mitchell Rd. felt that one acre of land was plenty to build on without needing a variance. He also wants to keep the density down in this area. • Lynch noted that Hamilton could build a detached garage. Wedlund pointed out that a property owner has the right to utilize his property to the best. He felt that possibly Hamilton would someday Minutes - Zoning Board of approved Thurs., April 19, 1979 Appls. and Adj . -3- want to subdivide his property to i acre lot. Cardinal questioned Hamilton if the large turnaround was to create additional parking. Hamilton replied no. Fletcher pointed out that if the variance was granted, there would be only 85' to build another home and another variance would be needed. He also felt that blacktopping should be a condition of the variance. MOTION: Lynch moved to deny the request since there was no justification for the variance. Sandvick seconded, motion carried with Krueger and Wedlund voting "nay". 5. Variance Request #79-14 from James P. Wicker for a 'variance from the 50' -front setback to 40' . Mrs. Wicker explained they needed the variance in order to build a mud room behind their garage by extending the present garage 10' toward the road. Wedlund noted that a similar variance request was granted on the next • road to the south of this property. MOTION: Cardinal moved to approve the request on the basis that it is a reasonable request with no objections from the neighbors. This is a large lot with open space and would not cause harm to the health and welfare of the community. Wedlund seconded, motion carried unanimously. 6. Other Business. None. 7. Adjournment-. MOTION: Cardinal moved to adjorn at 9:00 PM. Wedlund seconded, motion carried unanimously. •