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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 10/18/1979 • .APPROVED MINUTES EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, Oct. 18, 1979 7:30PM, CITY HALL MEMBERS PRESENT: Chairman James Wedlund, James Cardinal Roger Sandvick Richa.rd..Lynch. MEMBER ABSENT: Ronald Krueger STAFF PRESENT: Carl Jullie, P.E. Director of Public Works and Sharon Gagnon, Recording Secretary CALL TO ORDER - ROLL CALL I . Minutes of July 19, 4979 regular meeting. MOTION: Cardinal moved, Lynch seconded, the minutes of the regular meeting of July 19, 1979. Motion carried with Sandvick abstaining. 2. Minutes of August 16, 1979 regular meeting. Pg. 1 , item 3, para. 4, sent. 1 , correct taked to taken, Pg. 2, first • motion, sent. 2 remove "of" and add "out", sent. 4, add "Approval of" ,._ � second motion, correct spelling of Cardinal , sent. 5, remove "in the future" ado to the property", Pg. 3, item 6, para. 5, correct spelling - of agreement. MOTION: Cardinal moved to approve the minutes of August 16, 1979 regular meeting. Lynch seconded, Wedlund abstained, motion carried. 3. Continuation of Variance Request #79-32 submitted by Ban Con, Inc. for Ridgewood Condominiums. The Board agreed to discuss the proceedings for Ridgewood Condominiums after the regular variance requests were heard. 4. Variance Request #79-33 from U.S. Home Corporation for a variance from the 30' setback front setback to allow 28.12. Rodney Halvorson, from C.R. Winden & Assoc. Inc. , explained that thev needed the variance because the topographical grade difference between the garage floors is 4.5 ft. Since this is-a lower garage floor, additional stairway is needed from the garage to the upper floors. The garage width will be the same as the other buildings but the length for the stairway would be added. Wedlund questioned if the building could be moved back on the lot. • Halvorson replied that the property is already subdivided with the lot lines platted out. It would be impossible to shift the building and stay within the party walls. Bd. of Appls & Adj. -2- Oct. 18, 1979 • Lynch asked if any other buildings were on Balsam Lane. Halvorson answered that this was the last building to be built in Prairie East 5th. Wedlund questioned if this was a double dwelling. Halvorson replied that it was a fourplex. Cardinal asked if they had started construction on this unit. Halvorson replied that they had not begun construction. Sandvick questioned if it would be possible to make the building smaller. Halvorson explained that the stairway is built from the garage up which would make the garage less than a double garage-if the dimensions would change. MOTION: Cardinal moved, seconded by Lynch, to approve the variance request on the basis that it is a minor deviation from the Ordinance. The request is less than 10%. To not grant the variance would be a hardship to those requesting it. There was no opposition and it would not be harmful to the health and welfare of the community. All in favor, motion carried. 5. Variance Request #79-34 submitted by Chas. S. Anderson for property at 14100 West 66th St. to divide the property into two lots. Sandvick noted he would refrain from voting but would participate in the discussion. The recording secretary passed a sheet for those attending this variance and 27 signatures are recorded. Charles Anderson explained that he had purchased the home at 14100 West 66th St. speculating that he could fix it up and sell it for a profit._ He felt that this home was older compared to the newer homes in the _ area and that the lot was twice as large as the other homes. He asked to divide the lot into two parcels. This area is zoned RI 22, however, the proposed division would create one lot less than 22,000 sq. ft. The second lot would be 80 X 190. Sandvick asked if he planned to sell the proposed lot or build another house himself. Anderson answered that he possibly could build himself but he did not have any plans now. He stated that he had built several homes in the Mound area where he resides. He felt that it would be more likely that he would sell the lot. He was unanware of the many needed improvements and the costs for them. Also, the taxes are over $3,000.00 a year. He purchased the • house from a bank that had taken it over in a bankruptcy case. The bank had tried for over a year to sell the home before he purchased it. He has worked on it for several months but has not sold it as yet. Bd. of Appls & Adj. -3- Oct. 18, 1979 • Wedlund noted that the area is 40% developed and it is necessary to use the average setback. The average front setback for this area is 44 feet. Robt. McGovern, 6519 Leesborough Ave. , spoke in opposition to the division for several reasons. He pointed out that the proposed driveway would have to service the two lots. He said there was another garage on the other side of the house which was a tuck under. He felt that Anderson was a real estate developer that had no intentions of staying in the area. McGovern felt that maybe Anderson may want to develop the other side of the house as well . He felt Anderson would just make a profit and move on and the neighborhood would be left with the problem. He also noted that the survey did not show that there was a pool in the back yard. He stated that he moved to Eden Prairie because he wanted to live in a area with zoning for large lots. Wayne Gilbertson, 6580 Leesborough Ave. , complimented Anderson on the yard work that he had accomplished. He was not for dividing the lot. Mary Ann Brewer, 6658 Manchester Lane, said she lives in the neighborhood and pointed out that her home is 20 years old and has 1 acre of land. MOTION: Lynch moved to deny the motion since the Board would have no justification in helping a developer bail out for financial purposes. • This would create a �4- acre lot in an established neighborhood of greater size lots. Motion seconded by Cardinal . Wedlund added that to divide the lot would be destroying an esthestic enviroment. He also pointed out that there was opposition from the neighborhood. Mover and seconder agreed with the addition. The vote on the motion with the addition passed with Sandvick abstaining. 6. Other Business. Jullie explained that MTS wished to get some direction from the Board since they were considering requesting a variance for a height variance. Paul Strand, representing MTS said they had the pilings in the ground for the system. They have been working on a mechanical design which would be energy efficient using a central single unit on the roof rather than small individual units. Duane Miedlke from Ellerbe Assoc. , said the unit would be electric rather than coal and it would be converting heat generated from the manufacturing to the building. This unit will cost $100,000 more to build but will pay for itself in three years. The Penthouse for this unit will exceed the limits of the Ord. by 18' lC" Lynch questioned the fact that the zoning for this area if I-Gen and the need for a variance when a three story apartment is even 40' . • Jullie said the City lawyer is presently working on the Ord. and will bring this item up. Lynch questioned if the building is pre-cast concrete. Bd. of Appls. & Adj -4- Oct. 18, 1979 • Miedlke answered that the addition will be pre-cast concrete but the penthouse will be steel insulated paneling. Wedlund questioned the position of the penthouse to the addition. Miedlke answered it was centered and could not be seen from Hwy 5 but could be seen from Mitchell Rd. Cardinal pointed out there could be a problem with the fire dept. because of the heighth. Miedlke stated they had a self contained fire sprinkling system and a door from the penthouse. They anticipated no problem and have approval from Protective Mutual Insurance. The Board agreed that MTS should go ahead and apply for the variance requests for the heighth and the steel paneling for the penthouse. Continuation of Variance Request #79-32 submitted by Ban Con Inc. for Ridgewood Condominiums. MOTION: Cardinal moved to table the request to such time that after all the signatures are met and filed, it can be reactivated by Ban-Con for a normal meeting process. Lynch seconded, motion carried. 7. Adjournment. • MOTION: Cardinal moved, seconded by Lynch, to adjourn the regular meeting at 9:15. Motion carried unanimously.