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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 11/03/1980 - Special APPROVED MINUTES •' EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS SPECIAL MEETING Monday, November 3, 1980 7:30 P.M. , City Hall MEMBERS PRESENT: James Wedlund, Chairman, James Dickey, Richard Lynch and Roger Sandvick MEMBERS ABSENT: Ronald Krueger STAFF PRESENT: Carl Jullie, P.E. Director of Public Works and Sharon Gagnon, Recording Secretary CALL TO ORDER- ROLL CALL 1 . House Moving Request #M80-30 and Variance Request '80-37 submitted by Emmett Johnson for property located at Lot 8, Block 8 Hidden Ponds 2nd. Fifteen residents were present from the Hidden Ponds area for this meeting. Mr. Emmett Johnson explained that he wanted to move a Vo-Tech home measuring 72' in length on a lot 90'wide. The restrictions for this area are 5' on the garage side and 10' on the house side. The problem arises with a 10' storm sewer easement on the north side (garage side) leaving an 8' setback for the house side. There is a 30' commons area on this house side so the closest house would be 431 . He felt this is a technical non-conformance which is not violating the spirit of the Ordinance. Tom Brovald, 7272 Tartan Curve, asked if this will be a private residence. Johnson replied positive. Lynch questioned the extra footage of the storm sewer easement. Jullie replied there is a storm sewer pipe installed, however, in case of repairs the City needs the extra space. Wedlund asked if it would be possible to encroach on the easement. Jullie answered that it was not possible for a permanent structure but could ' be for such things as fences, driveways and shrubs. He felt that it was beneficial to ask for the variance on the south side because of the wide separation due to the outlot. He pointed out that this variance would not be needed if the garage was on the other side of the home. Lynch questioned the procedure of treating huildinq movinq permit M80-30 and variance request 80-37 as two subjects or as one. Wedlund said one. Jullie pointed out that the variance is needed before the house moving permit could be granted. Jim Gnitecki , 7230 Tartan Curve, stated he lived on the north side of the Page 2 - Bd of Appls & Adj Monday, Nov. 3, 1980 property involved and had 10 objections to the granting of this petition. ` 1. Felt the Ord. was adopted for good reasons to regulate the moving of pre-built homes. 2. Has seen the house in question and feels the architecture does not fit in with the neighborhood. 3. Will adversely effect the value of the existing homes because of the great disparity between them. 4. The side yard setbacks are part of the law for good reason and if granted would create precedence for others. 5. Applicant may have known that he would be turned down because of his past history at the Preserve. Wedlund interjected at this time to explain that there are many reasons to go before the Board of Appeals which are not against the law such as obtaining house moving permits. He said there are discrepancies in all cases. The Board is a group of men to judge the Ord. - not break the law. The Ord. is not good for all circumstances, therefore, many cases are approved according to what they feel is right. 6. Mr. Johnson has requested two variances and has not even started. 7. The neighborhood has one Vo-Tech home already and if this is passed . will have two plus the older home that was moved in. 8. A nuisance to the neighborhood with technical problems such as the house across the street. 9. The house being brought in was purchased at a relatively good price and now he wants to locate it in a good neighborhood. 10. If the house could be moved north into the storm sewer easement area he was concerned that if work had to be done the equipment would be in his yard. Rich Fischer, 18830 Partridge Circle, said this will be the 4th house moved in and the 3rd house within 500 feet. He also noted that when he wanted to build a deck on his home last year that would encroach in ';the 10' setback by 18", he was told by the Engineering Dept. that unless he could prove significant financial hardship he could not apply for a variance. This implies a double standard is used. Dick Mahaffey, 18975 Valley View Rd. , said he had moved in 4 years ago and feels the neighborhood has set certain standards and established priorities to protect their investments. Allowing certain houses to be moved in are not the greatest. Mal Ellison, 18925 Pheasant Circle, said he was the first to move into Hidden Ponds 2nd and was told the setbacks were 10' and 15' on the house side. When applying for a permit for his deck he was told he would have to have a footing inspection. However, three of his neighbors built decks without permits or proper footings. He went to the Building Dept. when one of these decks violated the set back laws and was told that they would have the builder change the deck but it was never done. Page 3 Bd of Appls & Adj Monday, Nov. 3, 1980 Jim Gnitecki said the 'architectural style of the home is 20 years old and a builder would not build such a home today. Sandvick replied that a builder would indeed build such a home. He sited an essentially unbuildable lot in his neighborhood where a builder placed an unappealing home. He felt a value judgement should not be placed on this request. Dickey added that not even 3 architects could agree on the same architecture. He asked Gnitecki and Johnson the square footage of their homes. Gnitecki replied 2,000 sq. ft. Johnson replied he had 1 ,400 sq. ft. on the first floor and planned to finish part of his walk out basement which will total at least 2,000 sq. ft. Bev Cronk, 18895 Pheasant Circle explained the history of ownership of lots in Hidden Ponds 2. She expressed her concern over cheap homes being built in the area. She stated the idenitical Vo-Tech home in the neighborhood was recently sold. She said she had no personal objection to the Vo-Tech home and felt the size was positive but was concerned over setting a precedance for variances to allow anything to be built in the area. Sandvick pointed out the lots will be sold and may not be built the same as the existing homes. Brian Underdahl , 7193 Tartan Curve, said he had no objection to the home, felt it was very well built and a permit should be issued. Gnitecki pointed out that Johnson had requested a variance when trying to move the Vo-Tech house in the Preserve. Wedlund answered that each case is separate :but explained that the request was denied because of the lot and it would create a dangerous intersection. Wedlund told the group that four of them had viewed the house and felt it was well constructed. Vern Skallerud, 7350 Green Ridge Drive, said he felt there should be an area in Eden Prairie for just pre-built houses to be moved. Wedlund asked Johnson what his plans were for the house. Johnson replied that this home had some amenities that made it somewhat better than the house in the next block. It is larger and will have a full walkout with a partially finished basement. He purchased the house because he works_. for Vo-Tech and was aware of the quality construction. This situation is different than the Preserve where 2 Vo-Tech homes were to be moved. There were problems with the lot division so only the other home could be moved. Presently, the Vo-Tech house appears better than the home next to it where a petition was started to prevent the house moving request. Pre-built housing can' t be generalized since this is a brand new home and once on the site with foundation and landscaping will be as appealing as any other home. Gnitecki added that he had lived in a Vo-Tech home for 7 months on Ticonderoga Trail . He said they only had a verbal promise that this home will have a finished basement. It appeared to him that Johnson really had no intentions of living in the Preserve area when the lot had a road on three sides. i Page 4 Bd of Appls & Adj Monday, Nov.3,1980 A discussion followed on the granting and denying of variances in Hidden Ponds 2. 16 Sandvick asked Johnson how many homes he had lived in, the shortest time spent in one and the reasons for moving. to this location. Johnson replied that he had lived in three homes, the shortest time was 7 years , and he was moving because he lived on Lyndale Ave. which is being widen and will cut into his property and cause some problems. Rich Dohrmann, 7160 Greenridge, stated the appearance of this house will look best on this lot because of the outlot next to it. Brovald said he didn't want houses squeezed in and encroaching on the setback requirements. His home is located on a cul-de-sac and required $6,000 for gravel because of the swamp along the back since he felt he should not ask for a variance to move the house forward. Mal Ellison thanked the Board for this special meeting. He said he had come antagonistic with negative feelings. He stated that he felt the Board was trying to do the best for Eden Prairie and as a neighborhood, they were trying to do the best for them. Jim Mosher, 19120 Deerfield Trail , asked if a stipulation could be made on the south lot next to the property in question regarding the fact that no variance could be granted. • Wedlund said the requirements are 5' for the garage side and 10' for the house side and could not guarantee any such proposal . The group discussed the history of homes that have been moved in Eden Prairie.. MOTION: Wedlund moved to approve house moving permit M80-30 and variance request 80-37 since the home itself is of high quality and will not detract from the area. The variance will not be noticed because of the outlot. This will not be injurious to the health and welfare of Eden Prairie and will be a benefit to the neighborhood. Johnson will do the normal landscaping and blacktop the driveway. Sandvick seconded and added that this is within the usual percentage that previous requests have been granted. The motion and addition passed with Dickey voting "nay" DISCUSSION: Bev Cronk questioned if there would be a time limit for the exterior of the house and if construction should stop for any reason, would the City be responsible for the safety of the neighbors. Wedlund replied that generally speaking there is a year's time limit. Dickey reassured her that a fence would be put up to insure the safety if construction ceases. Jullie recommended that the neighbors call the Building Dept. to inform them if a problem arises. 2. Adjournment Lynch moved, seconed by Sandvick, to adjourn at 9:00 P.M. Motion passed unanimously.