Loading...
HomeMy WebLinkAboutBoard of Adjustments and Appeals - 05/22/1980 APPROVED MINUTES EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, May 22, 1980 7:30 PM, CITY HALL MEMBERS PRESENT: Chairman James Wedlund, Roger Sandvick and James Dickey MEMBERS ABSENT: Ronald Krueger and Richard Lynch STAFF PRESENT: Carl Jullie, P.E. Director of Public Works and Sharon Gagnon, Recording Secretary CALL TO ORDER - ROLL CALL 1 . Election of Officers. MOTION: Sandvick moved to postpone the election of officers until the regular June meeting. Dickey seconded, motion carried. 2. Minutes of March 20, 1980 regular meeting. MOTION: Sandvick moved, seconded by Dickey, to postpone the approval of March 20th minutes due to a lack of quorum until the next regular meeting. Motion carried. unanimously. 3. Minutes of April 17, 1980 regular meeting. Page 3, under motion add "motion carried unanimously" MOTION: Dickey moved to approve the minutes of April 17, '1980, seconded by Wedlund. Motion carried unanimoulsly. 4. Variance Request #80-10 submitted by Ronald G. Bailey to permit a structure within the side yard setbacks and a fence to exceed the limit of 6' on property located at 6950 Marianne Dr. Ronald Bailey presented a drawing illustrating the elevation view of the proposed tennis court (1c). He explained the retaining wall would be approximately 5' at the highest point. The proposed fence would exceed the 6' limit on one end and the court would be built over the easements on the lot linE Wedlund questioned if the variance request was needed for only the fence. Jullie stated that the retaining wall is considered an accessory structure and therefore must be 10' from the property line. Bailey said the tennis court would be parallel to his. home with retaining walls on both ends. The fence would be 10' on the north side and 5' on the south side. The drainage would be accomplished by installing a Swale with small boulders and having it drain to the south and out to _the street or by having a break in the middle and draining to both ends. He gave a slide presentation of other tennis courts he had built. -2- Bd. of Appls & Adj. May 22, 1980 Sandvick questioned the profession of Bailey. Bailey answered that he was president of Arteka. Wedlund asked if there was to be a retaining wall to the west. Bailey answered no to the retaining wall and added that Scanlon's home is to the west and they could not see the court in the summer because of the trees. Wedlund questioned if he had contacted his neighbors and explained his variance request. Bailey said he had and there was no trouble. Wedlund asked if he planned to light the court. Bailey said he did not plan to light the court because he felt there was enough hours in the day. Sandvick asked if timbers were better for the retaining wall . Bailey said that concrete will crack and does not have enough strenth. Sandvick questioned if he was planning to blacktop the court. • Bailey said that this was subcontracted out with two applications. They would apply 12 inches this year and another after the winter. Dickey wanted to know if he planned to use a bulldozer. Bailey said he planned to go in with a bulldozer on the north side but had obtained permission from Mr. Horan if he had to chanae his plans. Dickey noted the letter from William Donahue with his approval of the project and asked Bailey if he knew him. Bailey said he had built a retaining wall for him. Dickey expressed concern for the oak trees on Bailey's property. Bailey said he had them trimmed by a tree expert to get them ready for the project. He felt the trees would be safe. Dickey asked about finishing the courts with trees, etc. Bailey said he would not have trouble getting trees and had planned to place Aspen, Maple and Linden on the north side with a diameter of at least 12'. On the other side he planned to put pine or spruce approximately 20' high. Dicke problems with drainage. YQ questioned the Jullie suggested that in his opinion it would be preferable to slope the surface of the court so that all drainage would flow to the northeast corner and thence into a culvert with a drop section and rip-rap to dissipate energy. All drainage would then be directed to the street and lessen the chance -3- Bd. of Appls & Adj May 22, 1980 of overflowing onto the neighboring lot. A pipe could be extended further towards the street by Mr. Bailey in the future if erosion became a problem. Baley.-_said that he would further review the question of drainage control and would submit a plan to the City Engineering staff for approval . Wedlund asked what kind of easements were on Bailey's property. Jullie said they were utility and drainage. He had checked with N.W. Bell and they gave their approval but N.S.P. did not get back to him yet. Bailey said he had contacted both of them and had received their OK. MOTION: Wedlund moved, seconded by Sandvick, to approve variance request 80-10 submitted by Ron Bailey subject to the approval by the City Engineering Department for review of the proper drainage on the project. Granting of this variance request would include the retaining walls on both the south and north sides and the 10' fence on the north side. There was no opposition from the neighbors. The project would enchance the property and it is not a detriment to the health and welfare of the community. DISCUSSION:. Dickey added that Bailey should explain to Mr. Horan how the court will be built and the approved drainage of the project. Jullie added that Bailey should get a signed statement from Mr. Horan • indicating his approval The motion and amendment carried unanimously. 5. Variance Request #80-11 submitted by Wilson Learning to permit set back variances for property located at 6950 Washington Ave. So. Robert T. Brown, corporate secretary for Wilson Learning Center explained that the present building is 40,000 sq. ft. and they wished to add an additional 50,000 sq ft. They applied to the bank holding the original mortgage for the funds to build but the bank did not have money available. The addition will be attached to the original building but the parcel will need to be divided because of the individual financing creating a zero-lot fine for the building. This is located in I-5 zoning which requires a 5 acre minimum lot size. Wedlund noted there would be a party wall . Brown stated there was -a party wall agreement. Jullie noted there should be a party wall and maintenance agreement. The party wall should meet the fire code. Sandvick questioned the parking facilities. Brown said they had gone over this with Wally Johnson and have adequate facilities for both. MOTION: Wedlund moved, Dickey seconded, to approve the petition of Wilson Learning on the grounds that if we deny the request we would be denying -4- Bd of Appls & Adj May 22, 1980 them use of their property. This would benefit the City with added revenue. There is nothing that could be any problem or contrary to the health and welfare of the community. DISCUSSION: Sandvick added that this problem is the results of the recession. Dickey and Wedlund agreed to the addition. Motion carried unanimously. 6. Other Business. None. 7. Adjournment. MOTION: Wedlund moved to adjourn at 8:30. Dickey seconded; motion carried. 0141