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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 11/20/1980 � 1R • APPROVED MINUTES EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, November 20, 1980 7:30 P.M. City Hall MEMBERS PRESENT: James Wedlund, Chairman, Ronald Krueger Roger Sandvick and James Dickey MEMBERS ABSENT: Richard Lynch STAFF PRESENT: Carl Jullie, P.E. Director of Public Works Sharon Gagnon, Recording Secretary i CALL TO ORDER - ROLL CALL 1 . Minutes of August 21 , 1980, regular meeting. Postpone to the December meeting due to lack of quorum. 2. Minutes of September 13, 1980, regular meeting. MOTION: Sandvick moved to approve the September 13, 1980 regular meeting. Dickey seconded, motion carried unanimously. • 3. Minutes of November 3, 1980, special meeting. MOTION: Sandvick moved, seconded by Wedlund, to approve the minutes of November 3, 1980, special meeting. Motion carried unanimously. 4. Variance Request 80-38 submitted by Mario Crespo, Jr. to allow 200' width and setbacks of 50' each side in a Rural District. Present at this meeting was Mark Klatke, realtor for Burnet Realty, Mario Crespo and his son. Klatke told the Board that his client had purchased this lot in 1978 from Turnball . T(he lot purchased was 200 feet in a district requiring a minimum 300 feet. Crespo is requesting this variance since it would be considered a financial hardship if the lot would be unbuildable and the valuation is $60,000.00. Wedlund asked when this lot was divided. Jullie replied that it was divided before the '69 zoning ordinances. This 200' portion is not of record. The plat shows 220' . Klatke said Crespo purchased 200' but the tax record indicates 220' in the legal description. Jullie explained that a deed can be recorded with Hennepin County but the . City must approve any splits. In this case, the City did not give the approval so the original parcel is still of record and the taxes have remained on the entire 2201 . Dickey asked what kind of residence Crespo planned to build. Page 2 Bd. of Appls & Adj Nov. 20, 1980 Crespo said he had sold the property to two brothers, Fred and Bill Allis. • Jullie pointed out that in this rural district there isn' t any sewer or water service. Charleston Estates is being developed close to this lot with 5 acre lots which could be later divided. This area has minimum construction because of erosion and the steep slopes. Sandvick questioned the statement from Terry R. Douglas in his letter of November 12, 1980, regarding the Indian mounds in this area. He noted that it is illegal to disturb human bones and must be reported to the Historical Society. Crespo said he did not feel there were any mounds on this property. He added that this neighbor is 400' down the road and wants to maintain his privacy. This is the only house fora 2 mile. Sandvick questioned if there could be sewer contamination if this house could be built. Jullie stated that there is sufficient area to support a septic system although the soil is very porous and permeable. The system would not be a potential for contamination in the surrounding wells. There are erosion problems in the area. Iledlund questioned the brothers in regard to the continuation of paying taxes on 220' instead of the 200' . • The brothers said they would rather not but felt the 20' could be worked out. They were more concerned with being able to build a house on the lot. Wedlund stated that a lot 5.6 acres should be buildable and questioned when the closing date was. Klatke replied Monday, November 24th. Crespo noted that the attorney representing the adjoining parcel also is concerned with the 20' between the properties. Jullie noted that if approval for the variance was granted, it could be contingent on the 20' applied to one of the adjoining lots therefore, eliminating the creation of a separate 20' parcel . Turnball is aware of this situation. Dickey asked if Crespo had discussed this with his lawyer. Crespo replied negative. Klatke said he would personally see to the incorporation of the 20' parcel to one of the adjoining properties. MOTION: Wedlund moved, seconded by Dickey, to approve variance request #80-38 to allow a house to be built with 50' side yard setbacks on the • east and west side. The approval is contingent that the 20' on the west side be either incorporated within parcel 3425 or parcel 3420 and not to be left by itself creating a new parcel . Crespo is to correct for the benefit of parcel 3425 the tax statement unless the 20' strip is added Page 3 Bd. of Appls & Adj Nov. 20,1980 to it. This lot was previously divided and would be considered a financial • hardship if it was not buildable. The size of the lot, the open spaces in this area and the fact that the sewer and septic system will not contaminate any surrounding wells also are factors. Sandvick added to the findings that the future owners are present and the letter concerning the Indian Mounds on this property were discussed. Enforcement of the law is necessary. Wedlund pointed out that if this is approved, the owners would have one year to exercise this decision and would have to go before the Board again if they haven' t. Jullie stated that this property is zoned rural therefore allowing a garage (accessory structure) a 30' sideyard setback. The motion and the addition to the findings passed unanimously. 5. Variance Request #80-39 submitted by Ralph C. Dueschle for property located at 7565 Corporate Way to allow a 5' setback. Dennis Doyle, representing R.G. Reed Co. , explained they had recently purchased this lot in order to move their corporate headquarters from Minnetonka to Eden Prairie. Due to the unique triangular shape of the lot and a Northern States Power easement on the south side, it is a hard- ship to conform to the 10' setback on the north side of the property. If granted the request, the building coverage to land coverage would be increased from 22% to 24%. They would still maintain a 50' front setback. Equitable Life is an adjoining property owner and have given their approval , and the other surrounding area is not developed. They intend to create a landscaped bermed area along the north property line. At this time, there is not a definite landscape plan but are considering approximately 4' high evergreen trees. Sandvick questioned the type of business. Doyle stated they were manufacturing representatives for such things as control valves etc. and have been in business for 26 years. Wedlund asked if they used large trucks for transporting. Doyle replied that most of the time they use UPS since the items are small . Sandvick questioned the shape of the lot. Jullie explained that Edenvale was granted this division because of the easement through the lot thus creating two odd shaped lots. Sandvick pointed out that if this variance was granted, it would create an additional 1000 sq. ft. with a higher tax base. Jullie agreed but noted that valuation is also considered. • Dickey questioned the external construction. Doyle stated the building will be block and a cedar entryway with extensive glass. The building will face the golf course. Page 4 Bd of Appls & Adj Nov. 20, 1980 MOTION: Dickey moved, seconded by Krueger, to approve variance request #80-39 since this would be adding to the area with a desirable building • appearance and actually aiding Eden Prairie. Motion carried unanimously. 6. Variance Request #80-40 submitted by Denco Home Builders for property located at 9360 Talus Circle to allow a 10.9 setback. Robert Denny, owner of Denco Home Builders, explained that he wanted to build a house, 2,500 sq. ft. on a corner lot in the Preserve. The house is 2 story in the center with a l story wing on the right and a garage wing on the left. He wanted to tilt the house on the lot to achieve a more desirable affect. The request is to allow a 10.9 side yard setback in an area requiring 15' . The closest point fron the ;proposed home to the new is 40' . Wedlund asked if this was a spec hone.. Denco said he thought the home was sold but was not sure since the prime interest rate is 17%. Wedlund felt the homes in this area seem close to each other. Jullie stated the area was zoned 13.5. Sandvick pointed out that the builder was asking for a 26-27% variance. John Hissinck representing the Preserve as the Chairman of the Design and Review Committee said they felt it was a reasonable request which they approved. He pointed out that on that side of the house it was only a one story house which requires normally only 10' . There have beeW no objections from the surrounding area and since the road is not straight but angles around the corner, the house seems to fit in with the road. Wedlund asked the price of the home. Denny replied in the $175,000 price range. MOTION: Sandvick moved, Dickey seconded, to approve variance request #80-40 since there were no residents here objecting to the proposed house. The house is acceptable to the Design and Review Committe of the Preserve. All the features and structures are compatible to the neighborhood. It will be a benefit to the health and welfare of the community. Motion carried unanimously. 7. Other Business. Questions regarding Stewart Highlands and the decks were raised and Jullie stated that the Building Department knows of it and will be talking to them. 8. Adjournment. MOTION: Sandvick moved, seconded by Dickey, to adjourn at 9:05. Motion carried unanimously. •