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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 11/29/1979 - Special . APPROVED MINUTES EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS SPECIAL MEETING THURSDAY, November 29, 1979 7:30 PM, CITY HALL MEMBERS PRESENT: Chairman James Wedlund, James Cardinal Roger Sandvick, Richard Lynch and Ronald Krueger MEMBERS ABSENT: None STAFF PRESENT: Carl Jullie, P.E. Director of Public Works and Sharon Gagnon, Recording Secretary CALL TO ORDER - ROLL CALL 1 . Variance Request #79-32 submitted by Ban Con Inc. for a zero front .yard Tot line for property located at Tract B RLS 1384 Ridgewood Condominiums). Hans Hagen, president of Ban Con Inc. , summarized the events regarding the development. The original PUD was approved with a greater number of units and fewer number of garages. The project then went bankrupt and in 1978 the Planning Commission approved a proposal from Ban Con with the stipulation that if there were any significant changes they would need approval . SubsequeNtly, the owners of Ridgewood Condominiums objected to the development because of their concern for cross easements, ingress and egress, and additional parking. They initiated a lawsuit to prevent Ban Con from building. The problems between Neill Lake and Ridgewood Condominiums have all been resolved and Ridgewood is agreeable with the variance request. Wedlund questioned if this is the same variance request that was applied for over a year ago. Hagen replied that is was the same request with nothing changed. Robert McCollum, attorney representing Ridgewood Condominiums Association, explained that they had commenced a lawsuit because of easements.' They tried to work out an agreement and finally reached a basic settlement in January. A Declaration of Covenants and Easements specifying the parties agreements has not been filed yet since not all the signatures have been collected. The document will be filed with the Registrar of Titles. Approval of the variance request should be contingent on the filing of the Declaration of Covenants and Easements. Cardinal noted that this special meeting was called because all the signatures were missing at the regular meeting. He asked if Ridgewood Condominum Assoc. . would accept the fact that one signature was missing from Ban Con. McCollum said he was assured from Ban Con that the signature would be sent. He also noted that all the signatures from Ridgewood Condominium Assoc. . Bd. of Appls. & Adj . -2- Nov. 29, 1979 have not been met. Krueger noted that the approval of this variance request is contingent on the signatures. Hagen stated that Ban Con did not care if all the signatures from Ridgewood Condominium Assoc. were not secured. There was a previously recorded easement to provide access to the Neill Lake Apts. He felt this easement was still valid. Their primary concern is the approval from the City which they had lost and now need in order to begin building. Hagen told the Board that the one signature missing from Neill, Lake Apts. is being flown from California by Federal Express tonight. Everything needed is met. Wedlund questioned McCollum' s concern that signatures are missing from Ridgewood Condominium Assoc. and the law suit filed against the City of Eden Prairie by the Assoc. McCollum answered that their concern is not from getting all the signatures of Ridgewood Cond. Assoc. but the one signature missing from Neill Lake Apts. There is a yearly maintenance fee involved for upkeep and snow removal for a road under the ownership of Ridgewood Condominiums but used by Neill Lake Apartments. The case against the City of Eden Prairie will be dismissed after the Declaration of Covenants and Easements is filed. Sandvick questioned a possible "loophole" resulting from not securing all the signatures. McCollum noted that it could be a problem sometime in the future but that an easement that is recorded does run down the parking area and is recorded on all their Certificates of Title. The Declaration of Covenents and Easements will provide for maintenance of this easement. Wedlund questioned the number of garages on the original plan. Hagen replied that the original plan did not have enough parking and only one garage per unit. They dropped the number of dwellings. The garages are separate. He felt that Ridgewood and Neill Lake have made a good effort to resolve the problems and felt that the by-laws of Ridgewood Condominium Assoc could be changed to correct any problems that could occur in the future because of signatures that were not secured. Rules could be added to the by-laws to cover things such as parking in front of garages etc. MOTION: Cardinal moved to approve the variance request since both parties involved in the issue have expressed satisfaction and willingness to accept any consequences to the Board's granting of the variance. Granting of the variance should be as follows: Provided, however, that the granting of said variance is conditioned upon, and said variance shall not be effective until , the execution and delivery by Ridgewoods Condominium Association and Ban-Con, Inc. to City of Eden Prairie of a Stipulation of Dismissal of that certain action between Ridgewoods Condominium Association, Plaintiff, versus the City of Eden Prairie, Ban-Con, Inc. and the First National Bank of Bd. of Appls. & Adj. -3- Nov. 29, 1979 Minneapolis, Defendants, dismissing all of the claims of Ridgewoods Condominium Association against the City and in such form and containing such other provisions as shall be approved by the City Attorney and the execution by all of the owners of Tract B, Registered Land Survey 1382, and Lot 3, Block 1 , Highpoint Addition, Hennepin County, Minnesota, and filing of record in the Office of the Registrar of Titles, Hennepin County, Minnesota, of a Declaration of Covenants and Easements in the form thereof presented to this Board. Sandvick seconded, adding that the decision was based on Roger Pauly's letter of November 26, 1979 which is available at City Hall . Mover agreed with the addition. The vote on the motion with the addition passed unanimously. DISCUSSION: McCollum wished to note that one party from the Ridgewood Condominium Assoc. was concerned about his view.and possibly that his land value would go down. He was not concerned about the parking problem. McCollum also asked about the dirt that is piled up where the units will be going in. Hagen answered that the dirt will be pushed down. McCollum noted that he was advised by the City Attorney that the effectiveness of the granting of the variance request will be valid when all the conditions have been met with the Declaration of the Covenants and Easements. Wedlund replied that the Board has the power to set a date after all matters have been settled. Jullie will be notified and a building permit can then be issued. 2. Other Business. None. 3. Adjournment. MOTION: Cardinal moved to adjourn at 8:15 PM,..seconded_.by. Wedlund. Motion carried unanimously.