Loading...
HomeMy WebLinkAboutBoard of Adjustments and Appeals - 10/16/1980 APPROVED MINUTES EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, October 16, 1980 7:30 P.M. City Hall BOARD MEMBERS PRESENT: James Wedlund, Chairman, Ronald Krueger Roger Sandvick, James Dickey BOARD MEMBERS ABSENT: Richard Lynch STAFF PRESENT: Carl Jullie, P.E. Director of Public Works Sharon Gagnon, Recording Secretary CALL TO ORDER - ROLL CALL 1 . Minutes of August 21 , 1980 regular meeting. Due to a lack of quorum, the August 21 , 1980 regular meeting minutes will be postponed until the November 20th meeting. 2. M80 30 to review and consider an existing building moving request submitted by Emmett C. Johnson to be moved to Lot 8, Block 8 Hidden Ponds Znd. • Present at this meeting for M80-30 was Bev Cronk, 18895 Pheasant Circle. Emmett Johnson recalled that he had purchased a lot in the Preserve for his Vo-Tech home. Since a variance request by the Preserve for this lot was denied, he subsequently purchased a lot in Hidden Ponds. Yesterday, he became aware that a variance request would be needed for this lot. The house and garage are 72' in length and the lot is 90' leaving 18' for the side yard setbacks. The side yard setback of the garage side is subject to a 10' utility easement leaving only 8' on the house side for the side yard setback. A 30' common area adjoins the south side (house side) of the lot. Wedlund asked if the house is still on the Vo-Tech property. Johnson replied that the school authorities had given him permission for the home to remain on their premises. Sandvick questioned if he planned to live in the home and if he was associated with the building trade business. Johnson replied that he plans to live in the home and is employed as a teacher at the Vo-Tech school . Dickey asked if he purchased the lot on a contingency. Johnson replied positive. He added that he was fighting the calendar to get the foundation in. Sandvick asked when he was before the Board. Jullie said that last spring a variance request was denied to the Preserve so Johnson withdrew his house moving request since he was unable to place the home on the lot. Bd. of Appls & Adj -2- October 16, 1980 Dickey asked Cronk is she had any objections to the home and if she abutted the property. is Cronk replied that she felt she couldn't do anything about it but had come to see how the house moving ordinance was handled. She said she was not within the 500 feet. Sandvick asked if she had talked to her neighbors- in regard to this request. Cronk replied that her neighbors are cautious about houses being moved in. There are many lots still available and the money situation is causing homes to be built that are not comparable to the existing homes. Sandvick questioned the average square footage of the homes. Cronk said that 2 or 3 of the homes are 1 ,000 sq. ft. but the majority are 1200 - 1300 sq. ft. Wedlund noted that the Vo-Tech home was 1400 sq. ft. Johnson said he would have a full walkout. This home is slightly larger than the other Vo-Tech home down the street. The home would be landscaped and a nice driveway would be installed. He felt this was a beautiful lot with a good view. He liked the neighborhood because it had a variety of homes and felt this home would fit in. w Dickey said he had talked with some of the neighbors and their concern was over square footage and valuation. Sandvick said he would entertain an additional meeting if necessary for Johnson to clear the technical and legal complications of the set backs. This would give the people in Hidden Ponds a chance to give their opinions. MOTION: Sandvick moved, Wedlund seconded, to continue M80-30 until Monday, November 3, 1980, at 7:30 P.M. Motion carried unanimously. 2. Variance Request 80-31 submitted by Ray Cronin to allow a division of his property at 16000 Hilltop Rd. creating one lot with 20,176 37 sq ft in a zoning district requiring 22,000 sq. ft. Ray Cronin explained that he had originally applied for a variance last summer for an addition to his home but it didn' t turn out so therefore they decided to sell the property and divide it into two lots. He said he was told in 1.974 when he purchased the land that there was 14 acres but after the survey was taken it was discovered that the property was less than 1 acre. Sandvick questioned if he had an attorney check over the papers and Wedlund asked if had taken out Title Insurance. Cronin replied negative. Wedlund asked if he planned to keep the additional lot. Cronin replied positive. Wedlund asked if he tried to sell the entire parcel . Duane Pickock, real estate agent for Edina Realty representing the transaction, Bd. of Appls & Adj -3- October 16, 1980 replied that they had assumed there was 14 acres, therefore marketed the property as a 2 acre lot with the home(parcel B). If the request would be denied, the buyer may consider purchasing the entire lot at an additional expense. Sandvick questioned Jullie in regard to the development of the area. Jullie stated that the area is zoned RI-22 with several splits that have taken place in this neighborhood all with sufficient area. The variance request is relatively minor at 8% and will conform with the other lots. There is a row of trees on Parcel B to buffer the property to the north and Parcel A will meet all the requirements. Krueger noted that the empty parcel has the required 22,000 sq. ft. so no variance would be needed for building. Wedlund questioned why the City did not have the power to divide this lot. Jullie replied that an administrative land division can not be approved because it required a variance. If approved by the Board of Appeals and Adjustments, the owners may then apply for a division. Present were the future owners of Parcel B; Cindy Ruter, Mrs. Ruter and Joe Jeffson. Wedlund asked the future owners if they had a problem with the property not being 2 acre and having only 20,176.37 sq. ft. Jefferson said he was concerned about complications over re-selling the property. Wedlund replied that if the variance was passed, this information would be passed on with no problems for re-sale. Cindy Ruter said she had no problems accepting less footage. Sandvick wanted the buyers to be aware that they were receiving 8% less property and the value involved. Dickey added that this request was preceded by a request for an addition that was not passed. Cindy Ruter said they had no plans to make it larger. MOTION: Dickey moved to approve this variance request submitted by Cronin for property at 16000 Hilltop Rd with the information that Parcel B will be 20,176. 37 sq. ft. and the intended purchasers, Cindy Ruter, Mrs. Ruter and Joe Jefferson have noted this and intend to buy as such. Parcel A is the full 2 acre and meets the minimum. Wedlund seconded the motion adding that 8% is not an extreme request and the potential buyers are content with less footage and have an understanding of it. This approval allows Cronin the right to maximize the use of his property. Dickey agreed to the addition and the motion passed with Krueger abstaining. 4. Variance Request #80-32 submitted by Ecklund-Swedlund to allow a division of Bd. of Appls & Adj -4- October 16, 1980 of 3 lots with 3-4 tenths less than the required 5 acres and to allow a sideyard setback less than the required 50' . Peter Bishop from McCombs Knutsen Assoc. explained that this property was originally a church camp site with approximately 14 acres. The property has been owned for the last 8 years with the resident on the site. They wish to divide the property into 3 lots - l five acre lot and 2 lots averaging between 4.6 and 4.7 creating a 6% variance. The alignment of the lot lines are such because of two existing buildings. Some of the other buildings will be removed at a later date. Consideration was also given to the removal of the least amount of trees. There will be a common driveway with an easement granted to the other properties. Lots in the surrounding area average only 1-14 acre sites. Wedlund questioned the procedure in regard to the approval of this plat. Swedlund, owner of the property, said the proposal would go before the City Council next Tuesday. Jullie added that if the request was denied by the Board, the City Council could still approve the plat but would feel more comfortable on how the Board feels before deciding. Swedlund pointed out this was not part of the land company but his personal homestead. For various reasons he must dispose of it since he has no other choice. Wedlund questioned if he had proposed smaller lots. Swedlund replied negative and added that he had notified the City to give them first chance to purchase it for park purposes. MOTION: Wedlund moved to approve variance request #80-32, seconded by Dickey, on the findings that this is a 6% lot reduction in an area with properties as small as 2 acre sites. The smallest lot is 4.6 in this project. This is not injurious to the area or the City and the buildings will be of a great benefit to the City. Sandvick added that it should be stated that although all the papers have the corporation name on them this is the personal homesteaded land of Mr. Swedlund and will not be a Swedlund project. Bishop said they had put the booklet together and did not realize it was misleading. It was a tecnicality. Motion and addition passed unanimously. 5. Variance Request #80-33 submitted by Michael and Nancy Heuer to allow a slotted_ roof canopy over the entryway creating less than the 30' front setback requirement at 12540 Crowfoot Ct. Heuer explained that he wished to build a canopy roof and explained the construction procedures in regard to footings, foundations, weight and support posts. Wedlund asked if the canopy was already built. Heuer replied that the picture submitted of the canopy was of a house in Chanhassen. and he has not started building. Bd. of Appls & Adj -5- October 16,1980 Dickey asked if Heuer had talked to his neighbors about the canopy. Heuer replied positive and nobody had expressed concern and felt it would look nice. MOTION: Dickey moved to approve variance request #80-33 submitted by Michael and Nance Heuer, seconded by Sandvick, to allow the slotted roof canopy since it will add to the value and appearance of the property and the construction process will be reviewed by the City Building Dept. Motion carried unanimously. 6. Variance Request #80-34 cancelled. 7. Variance Request#80-35 submitted by Michael J. Farrell and David L. Christopher to allow less than 5 acres in a. rural zoning district, frontage less than 300 feet and sideyard setback less than 50 feet at 12653 Sunnybrook Rd. Mike Farrell explained that the house he wishes to purchase was built in the 1950's and is owned by Hilda Raquet. He has lived there for the past 2 years and now has a purchase agreement with Raquet for the duplex and 1.4 acres. He added that in the neighborhood some lots are larger and some smaller, only a couple north of Sunnybrook are the 5 acre minimum. He plans to continue to live there and improve the property by painting, roof repair and other items up to code. Wedlund asked if the purchase goes through if he will take care of the easements. • Farrell said he would have a lawyer take care of it and have it surveyed. MOTION: Wedlund moved to approve, seconded by Krueger, variance request #80-35 submitted by Michael J. Farrell and David L. Christopher since it seems to be after the fact type of request. The buildings are already there and the Board is not approving new construction. This will allow the buyer to get clear title and will not be detrimental to the health and welfare of Eden Prairie. Motion carried unanimously. Wedlund stated he wanted both addresses (12653 & 55) used. 8. Variance Request #80-36 submitted by Mike and Pam Axtman to allow a garage addition at 8360 Hiawatha Ave. Axtman presented two sets of plans in order to add a double garage. One plan included using the side yard setback and the other to go out from the front of the home, both would require a variance. Wedlund asked if any of this area would be used for living area. Axtman replied negative. Wedlund questioned the average setback of the neighborhood. Jullie stated that 45' to the edge of the property is average for a total of 60' to the curb line. The neighborhood has a mixture of this setback and down the block it is 30-35 ft. Sandvick pointed out that the Ordinance states the average of the Block and quoted Section C. Bd. of Appls & Adj -6- October 16,1980 Dickey expressed concern with Axtman's neighbor next door in regard to the house and garage set back on the lot. Axtman pointed out there were no windows on that side of his neighbor's home. Sandvick asked if he was on friendly terms with that neighbor. Axtman replied "not really". Sandvick felt it was easier to defend the plan going out to the side of the house. It was esthetically compatible with the neighborhood. He recommended obtaining a surveyor that would be bonded when going that close to the property line. He questioned if there would be windows on the garage. Axtman replied there would not be any and he planned to use an insulated door. MOTION: Sandvick moved to approve variance request #80-36, proposal plan #2, using the 6' on the side (requiring no variance) and 20' to the east for the addition. There was no objections to this proposal and no one present at the meeting. This addition will not effect the health and welfare of the citizens of Eden Prairie. Axtman demonstrated his needs with time and effort into the architectural designs. Dickey added that an appropriate landscaping plan should be added to coordinate with the existing design and size. Siding must be identical . Sandvick agreed to the addition. The motion and addition passed unanimously. 9. Other Business. Wedlund expressed concern over the decks being constructed in Stewart Highlands. He wanted to know what the Building Department was doing about it and suggested that a blanket variance be applied to the area and refund the two owners that did apply. Jullie said he :had talked with the Building Department and they will check into the matter when time permits. 10. Adjournment. Sandvick moved, seconded by Dickey, to adjourn at 10:00 P.M. Motion carried unanimously. a