HomeMy WebLinkAboutBoard of Adjustments and Appeals - 05/17/1979 • APPROVED
MINUTES
EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS
THURSDAY, MAY 17 , 1979 7 :30PM, CITY HALL
MEMBERS PRESENT: Chairman, James Wedlund, James Cardinal,
Richard Lynch, Roger Sandvick
MEMBERS ABSENT: Ronald Krueger
STAFF PRESENT: Carl Jullie , P.E. Director of Public
Works and Sharon Gagnon, Recording
Secretary
1. Minutes of April 19, 1979 regular meeting.
Pg.l, item 2 , add Axtman requested time in which to work on
plans that would be approved by his neighbor; item 2 , para .5,
correct date to May 17.
MOTION: Cardinal moved to approve the April 19, 1979 regular
meetingr.a ir%blished and amended. Wedlund seconded, motion
carried unanimously.
• 2 . Continuation of Variance Request #79-9 submitted by Mike Axtman.
Axtman withdrew his request for a variance per memo dated
May 17 , 1979 from Carl Jullie.
3. Variance Request #79-15 from Mary Jo Philiep to build a fence
din the north side of her property between 8 to 9 feet in
heighth.
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Bill Abraham, husband to Mary Jo Philipp, explained that they
wanted to build a fence 8 ' tall on the north side of their
property. This heighth is necessary since their home is on
higher ground and their deck is on the 2nd level. They have
a walk out level which they want to build a patio out from
their patio doors facing the lake. The neighbor 's house on the
north side is set back on their lot so Philipp's back yard
faces the front yard of the neighbor to the north.
Cardinal questioned who is on the north side .
Philipp answered Tom Carlson.
Cardinal asked if they were aware that four neighbors had
objected to the fence.
• Philipp replied no but told the Board that three of the people
are related. Carlson and Simons are the daughters of Dredge.
Wedlund noted that the variance request did not indicate that
the fence was proposed only for the back yard of Philipp.
Minutes - Zoning Board of approved Thurs . , May 17, 1979
• Appls . and Adj . -2-
Wedlund questioned if the neighbors had received copies of
the proposed fence plan showing the position of it on their lot.
Philipp explained she was out of town and did not get the
plans over to City Hall before the mailing.
Abraham noted that this became a problem because Carlson
removed between 20 to 30 Elm trees , some of which had
Dutch Elm disease.
Sandvick questioned which neighbor moved into the neighborhood
first .
Philipp said she built first approximately 7 years_ago and
Carlson built a year ago.
MOTION: Cardinal moved to approve the variance because it
is a reasonable request and the view will not be altered that
much from 6' to 8 ' . The heighth would not be greater than 8 ' .
The length seems to be reasonable and felt the neighbors
might have misunderstood the extent of the length of the
fence . This would affect only one neighbors view. The fence
would begin on the east corner of the house and extend no
more than 241 . It would extend to the north up to 1' of
• the property line .
June Hanson, 15711 Summit Drive asked if they were allowed
the variance for a nine foot fence could anybody in the
neighborhood do the same.
The Board replied that a variance is needed each time a
fence would exceed the 6' maximum allowance .
Carl Jullie requested that they call the inspection Dept.
after the fence is layed out . Jullie was not sure if a
building permit was needed.
Lynch declared his intention of abstaining from voting since
he knew the parties involved. He felt the matter should
be tabled until the immediate neighbors received adequate
information in regard to the length.
Sandvick wished to abstain from voting to allow time for, the
neighbors to be informed of the position of the fence .
Motion died for lack of ;second.
Wedlund felt there was too much opposition and it would be
better to table it until the next meeting.
g
• Cardinal suggested to Philipp that they explain to their
neighbors their intentions so there could be a better
Minutes-Zoning Bd. of approved Thurs . , May17, 1979
• Appls . and Adi . -3-
understanding particularly Carlson.
Abraham and Philipp said they were both going to be out of
town when the next meeting would take place .
MOTION: Sandvick moved to table variance request 79-15.
Cardinal seconded the motion indicating a special meeting
could be called by the Chairman if the meeting would conflict
with the schedule of Ehilipp and Abraham.
4. Variance Request #79-16 submitted WE Centex Homes to build
an off site idenification sign at the corner of Homewar Hills
Rd.. and Pioneer Tra i .
Centex Homes withdrew their request .
5. Variance Request #79-17 from Richard Miller Homes to build
an off site ideni ication sin located at the northeast corner
of Hwv.. 5 and Ctv Rd. 4.
Mr. Long, Marketing Manager of Richard Miller Homes gave the
Board an approval letter signed by those on the mailing list
for this request. He explained that he also met with Terrace
McCan of the Hwy. Dept on the site and received their approval.
• Long stated that they plan to remove the proposed sign when
they reach 80% complete, presently they are approximately
18%.
Lynch questioned the low area and the wildlife.
Long answered they would build the land up in a mound and the
sign would blend in. He felt there would be no threat to
wildlife in the area .
Sandvick questioned if there would be any reflective paint
or lights involved.
Long answered no.
Cardinal questioned the need for a sign when dissections could
be placed in their ads.
Wedlund asked if they would be requesting a sign from the west .
Long answered that they had contacted the owner of the property
but had not received a reply. He noted that the land is being
developed with duplex lots and felt they would not get permission.
Wedlund noted that the Board had recently turned down a request
for a sign on Hwy. 5 for a travel agency.
• Lynch questioned the size of the sign.
Long stated it would be approximately 85 ' .
MOTION: Wedlund moved to deny the request since it would set
• Minutes-Bd. of approved Thurs . , May 17, 1979
Appls . and Adj . -4-
a precedence for a proliferation of signs . He felt the Board
could not show a special interest to one business and deny
others . Lynch seconded, motion carried unanimously.
6. Other Business .
None .
7 . Adjournment.
Cardinal moved to adjorn at 9:00, seconded by Sandvick.
Motion carried unanimously.
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