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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. - 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. •