Loading...
HomeMy WebLinkAboutBoard of Adjustments and Appeals - 03/15/1979 APPROVED MINUTES EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, MARCH 15, 1979 7:3OPM, 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 1 . Election of Officers. Wedlund's name was placed into nomination for Chairman for 1979. MOTION: Sandvick moved to close nominations and to cast an unanimous ballot for Wedlund for Chairman for 1979. Lynch seconded, motion carried unanimously. Sandvick's name was placed into nomination for Vice-Chairman for 1979. MOTION: Cardinal moved to close nominations and to cast an unanimous • ballot for Sandvick. Wedlund seconded, motion carried unanimously. Krueger's name was placed into nomination for Secretary for 1979. MOTION: Cardinal moved to close nominations and to elect Krueger unanimously for Secretary for 1979. Sandvick Seconded, motion carried. 2. Minutes of February 15, 1979 regular meeting. Pg. 3, para. 13, sent. 2, correct spelling to aesthetic; Pg.2, para.2, sent. l ,change Wedlund to Cardinal . MOTION: Cardinal, moved to approve the February 15, 1979 regular meeting as published and amended. Wedlund seconded, motion carried. unanimously. 3. Variance Request #79-7 submitted by James Osberg for a variance from the side yard setback in a rural area of 50' to 12' . Osberg explained that he wanted to add a 20 X 22 garage and convert the existing garage into a living area. The area is zoned rural which requires a 50' setback. This house was built in 1959 and he moved in 1974. Lynch questioned Osberg why he did not add on to the other side of . his home. Minutes- Zoning Bd of approved Thurs. , Feb. 15, 1979 • Appls. and Adj. -2- Osberg stated that the topography is such that the other side is a steep hill which would be impossible to use for a driveway and the septic tank is on the south side. Wedlund felt that a resident owning one acre would have to live up to 5 acre requirements was unusual . Jullie pointed out that it was platted before 1969 when the Ordinance #135 was adopted for zoning. Lynch questioned Osberg in relation to his house being the only link to the west for park purposes. Had the City offered to purchase his property? Jullie stated that Bob Lambert, Community Services Director for the City was actively interested in this property. Osberg understood that the City has no funds to buy his property. He was told by Les Blacklock whom he purchased his present home from, that he offered both homes to the City but the City declined to buy the home Osberg purchased. He said his neighbors across from him each own one acre, Janke owns approximately 6 acres and Cordt about 2 acres. The City owns the shore line. • Jullie questioned the cost of this construction. Osberg felt it would be around $10,000. He wanted to keep the costs as low as possible. MOTION: Cardinal moved to grant the variance request since it seems to be reasonable, it is not harmful to the health of the public, and the lay out seems to be the best way for the petitioner to redesign his house, this is not granting a special priviledge and it is a means of preserving the existing trees. Wedlund added to deny the applicant would be denying the use of his property to the fullest. Lynch seconded, motion carried unanimously. 4. Variance Request #79-8 submitted by Richard W. Anderson for a variance from the required front setback of 75' in the I-5 District to 37 2 feet. This item was delayed to the end of the meeting to allow time for the proponent to appear. 5. Variance Request #79-9 submitted by Mike Axtman for a variance from thereguired 10' side : and setback to 5' . approved Minutes - Zoning Bd. of -3- Thurs. , Feb. 15, 1979 • Appls. and Adj. Axtman explained that this was his second attempt, the first taking place Nov. 16, 1978, for attaching a single car garage. He explained he had revised the plans omitting the second story to the garage. Cardinal noted that Carolyn Maiden, the neighbor adjacent to Axtman's property, had not signed the paper indicating no objection to the addition. Cardinal reviewed the Nov. 16, 1978 with Wedlund who was absent from that meeting. Sandvick requested that the Recording Secretary call Carolyn Maiden to ask if she was aware of the second request for this variance. Caroly Maiden stated she was not aware of the second request. She was still not in favor of any addition. Wedlund questioned Axtman if it would be possible to extend the garage out the front of his home. Axtman replied that it would cost about $8000.00 more because he would have to cover his foyer and part of the living room. Jullie pointed out he would need a variance for this because 40% of the neighborhood was built. • Krueger stated that there would be less drainage to the adjacent property owner since the addition would cause the drainage to flow toward the street. Sandvick noted that this is a 68% variance request which is very large and not usually granted. MOTION: Lynch moved to table this request to the April meeting in order for Axtman to revise :his plans or obtain approval from his neighbor. Wedlund seconded, motion carried unanimously. 6. Variance Request #79-10 submitted by Gustafson & Adams, P.A. for Golfview Investment Company for a variance from the minimum front, side and rear setbacks from the proposed property division lines. Gregory Gustafson, an attorney representing Golf View Investments, explained the variance was necessary to facilitate mortoagina the units at the time of sale. This is strictly a technical situation which is created by not building all 40 buildings at the same time. This will not change the zoning or density. THe RLS covering this property will be submitted by City Council approval March 20, 1979. Jullie noted that this variance is needed per Roger Pauly, City Attorney, before the City Council can approve the RLS. James Dickey, 14075 Sundial Court, representing Golfview Home Assoc. requested the Board not approve the variance until the complaints of the home owners abutting the property are met. He explained that the developer agreed to a buffer of trees but removed twelve oak trees before the residents had to stop them. Three homes adjacent approved Minutes- Zonig Bd. of -4- Thurs. , Feb. 15, 1979 . Appls. and Ad . to the property were to receive title to 3 outlots which were meant to be a buffer between the two but the owners received an improper deed. It was not dated in the right place, signed properly and worded wrong. The County said the land is not clear but has a $135,000.00 mortgage against it. They had sent four pieces of registered corres- pondance and have not received any reply from the last two. Krueger questioned who the land developer was. Gustafson stated that Edenvale sold to Golf View Investment. A. Peter Gisselbeck is the real estate broker in the sale of the condominiums. S.W. Fidelity Bank holds the mortgage and as units are sold the releases are granted for the mortgage. Wedlund explained to Dickey that the Board is here to grant or deny variances for the present building and other kind of grievances cannot be handles by the Board. Lynch said Dickey' s recourse is to the City Attorney or the City Staff. The developer is either in compliance or not, if not, the building would be stopped. Gregory Gustafson said he was not aware of these problems but would • settle the grievance the next day. He would contact his client and Edenvale. A. Peter Gisselbeck also agreed to correct the existing problems. MOTION: Lynch moved to grant a variance from the minimum front, side and rear setbacks from the property division lines for the general finding that this is a technicality rather than reality with the buildings already built and the development approved. Krueger seconded, motion carried unanimously. 7. Variance Request #79-8 submitted by Richard W. Anderson for a variance from the required front setback of 75' in the I-5 District to 372 ft. Mr. Richard Anderson did not appear at the meeting but the Board discussed the economics of moving up the building because of the poor soil conditions.of this particular lot and the surrounding area. Wedlund felt the applicant should have checked with the City for the set back requirements before developing the land. Cardinal noted they would be setting precedent for the City to live with in the future. MOTION: ; Lynch moved to deny the variance on the above findings. Cardinal seconded, motion carried unanimously. • 8. Other Business. None. Unapproved • Minutes-Zoning Bd. of -5- Thurs. , Feb. 15, 1979 Appls. and Adj. 9. Adjournment. MOTION: Lynch moved to adjourn at 10:00PM. Cardinal seconded, motion carried unanimously. •