HomeMy WebLinkAboutBoard of Adjustments and Appeals - 04/09/1987 APPROVED MINUTES
BOARD OF APPEALS AND ADJUSTVE°JTS
THURSDAY, APRIL 9, 1987 7:30 PM, CITY HALL COUNCIL
CHAMBERS, 7600 EXECUTIVE
DRIVE
BOARD OF APPEALS MEMBERS: Chairman Ron Krueger, Hanley Anderson,
Roger Sandvick, William Arockiasamy,
Lyn Dean, Steve Longman and Dwight
Harvey
BOARD STAFF: Assistant Planner, Steve Durham and
Recording Secretary, Lynda Diede
ROLL CALL: Sandvick and Dean were absent.
I. ELECTION OF OFFICERS
A. Chairperson
OTION: Longman nominated Ron Krueger. Arockiasamy seconded the
motion. Motion carried unanimously.
B. Vice Chairperson
MOTION: Anderson nominated Arockiasamy. Longman seconded the
motion. Motion carried unanimously.
C. Secretary
MOTION: Krueger nominated Longman. Arockiasamy seconded the motion.
Motion carried unanimously.
II. MINUTES
A. Minutes of January 8, 1987.
MOTION: Approval of the minutes for the January 8, 1987 meeting was
continued as there was not a quorum present from that meeting.
B. Minutes of February 12, 1987,
MOTION: Arockiasamy moved, seconded by Longman, to approve the
minutes of February 12, 1987. Motion carried unanimously.
C. Minutes of March 12, 1987.
MOTION: Harvey moved, seconded by Arockiasamy, to approve the minutes
of March 12, 1987. Motion carried -unanimously.
Board of Appeals and Adjustments - 2 - April 9, 1987
III. VARIANCES
A. Variance Request #87-15, submitted by New American Homes Cor ration
Cardinal Hills for property located north of Cardinal Greek .Road,
and west of I-494 Eden Prairie, Minnesota. . The request is f r a
variance from City Code, Chapter 11 , Section 11 .03 Subdivisi n 2,
B, 1 To permit proposed Lots 11 12, and 13 Block 3 with front
lot widths less than 85' (City Code re uires 85' and 2 To permit
proposed Lots 1 , 2, and 3, Block 1 , with an average lot width less
than 85' City Code requires an average lot width of 85' ).
Frank Kramer, vice president of New American Homes, presented the
request to the Board. New American Homes was before the Board on
March 12, 1987, but was continued to April 9, 1987. The continuance
was due to changes in the original request. The Board also suggested
alternatives for the lot width variance required in Block 1 of the
original request. Lot widths for Lots 11 , 12, and 13, Block 3, were
requested for 70' versus the proposed 75' .
Variance request number two for average lot widths less than 85' has
been withdrawn. Lots 1 , 2 and 3, Block 1 , will now meet the average
lot width of 85' .
The current variance request is for 70' lot frontage on a publicly
dedicated street versus the required 851. Proposed Lots 11 , 12 and
13, Block 3, are located on a curved street with an angle approaching
90 degrees. The radius is approaching 150' .
• A special provision was incorporated into the City Code to allow for
lot widths abutting cul-de-sacs from 85' to 55' provided at the build-
ing setback, the lots meet 85' width. No provision in the City Code
allows for lots with frontage less than 85' on a curved street
approaching 90 degrees..
There were no comments from the audience.
MOTION: Arockiasamy made a motion to approve Variance Request
#87-15, submitted by New American Homes, with the following
findings:
1 ) The Planning Commission and City Council have reviewed the
proposed development.
2) Lots 11 , 12, and 13, Block 3, meet a lot width of 85' plus
at the building setback.
3) Current City Code does not allow for special frontage require-
ments when lots are located on a curved street approaching 90
degree angle and a radius of 150' .
4) The Board was not opposed to 70' width at the March 12, 1987
meeting.
• 5) This variance request must be utilized within one year.
Harvey seconded the motion. Motion carried unanimously.
Board of Appeals and Adjustments - 3 - April 9, 1987
B. Variance Request #87-16, submitted by Donald Berne for property
located at 7332 Franklin Circle, Eden Prairie, Minnesota. The
request is for a variance from City Code, Chapter 11 , Section ll .03,
Subdivision 2, B, to permit platting of proposed Lots 1 and 2, Block
1, Berne Addition with front lot widths of 34.31 respectively, Cit
Code requires a lot front of 90 feet .
Don Berne, proponent, reviewed the variance request with the Board.
Berne proposes to subdivide Lot 8, Block 1 , into two single family lots.
The land historically was used as single family residential use.
There are two entrances, one going north and one going west. The
north entrance went to residential use and the west entrance used to
go through the property and on to Valley View Road.
Durham stated that dividing the frontage equally between the two lots
was the most logical solution. Approval was given by the Planning
Commission on March 9, 1987. The City Council reviewed and approved
the preliminary plat on March 27, 1987.
Harvey asked if the existing shed would be removed. Berne said yes.
Harvey had concern regarding the driveways. Berne said that there would
not be a shared driveway.for the two lots.
Durham noted that there is enough room for a driveway to be located on
the north property between the greenhouse and the lot line.
. There were no comments from the audience.
MOTION: Longman made a motion to approve Variance Request #87-16,
submitted by Donald Berne, with the following findings:
1 ) The Planning Commission and the City Council have reviewed
and approved the proposed two lot division.
2) All new structures meet the average existing front yard setback
requirement of the legal block, that is, 48' .
3) Each individual property be serviced by its own private
driveway.
4) This variance request must be utilized within one year.
Harvey seconded the motion. Motion carried unanimously.
C. Variance Request #87-17, submitted by Ashland Oil , Inc. for property
located at 16425 West 78th Street, Eden Prairie, Minnesota. The
request is for a variance from City Code, Chapterll , Section 11 .03,
to permit a driveway zero feet from the north lot line and 5' from
the south lot line. (City Code requires a driveway to be a minimum
of 10' from a side lot line.
•
Board of Appeals and Adjustments - 4 - April 9, 1987
Dan Tyson, attorney, representing Ashland Oil Company, reviewed the request
with the Board. Also present at the meeting were: Roman Mueller, regional
manager of Superamerica, Jim Edquist, area manager for Superamerica, Bud
Kaupp, permit specialist for Superamerica, David Koski , senior engineer for
Barton-Aschmann Associates, and Robert Johnson, attorney for Superamerica;
Tyson stated that Superamerica was before the Board of Appeals and Adjust-
ments on November 15, 1986, seeking the same variance request, The request
was withdrawn at that time to allow time to work with neighborhood concerns,
City Staff, and prepare a traffic study,
Tyson said that the request is to permit a driveway to be built on Super-
america's property which will cross over Outlot A , Mitchell Lakes Estate
Second Addition, and to provide for a variance which requires the outer edge
of the driveway to be 10' from either side of the side lot lines.
Site plans were displayed,
Tyson stated that there is a proposed median division strip to be constructed
on Eden Prairie Road. It will run from the intersection of Highway #5 to the
intersection of Terrey Pine Drive, This will prevent access to the Superamerica
station from an existing opening for travelers on Eden Prairie Road traveling
north and those on Highway #,5 traveling west, The effect of the median strip
will foreclose Superamerica from those travelers,
Tyson stated that on June 20, 1978, it was established in the Developer's
• Agreement, between CDR Investment Company and the City of Eden Prairie, that
access would be available for the Superamerica site to the southwest service
road.
In 1981 , the Mitchell Lakes Estate PUD was again amended, Terrey Pine Court
was made a public road and Outlot A was created and deeded to the City of Eden
Prairie for the purnose of access to the Superamerica site,
In 1984, Superamerica requested a rezoning and replatting of the properties.
Both requests were granted, The driveway access opening was anticipated,
shown and approved.
David Koski addressed the traffic concerns. A video tape of the site was
shown. The tape was recorded on Thursday, March 26, 1987, between 3:30-
5:30 PM to catch peak conditions which occur on Eden Prairie Road and High-
way #5.
Koski said that a traffic count study was done on November 11 , 1986, to deter-
mine the level of traffic at the Superamerica entrance and also at Terrey Pine
Drive and Eden Prairie Road, Between 4:30-5:30 PAi, there were 21 movements
into Superamerica and 27 movements out of Superamerica. The easterly driveway
had 53 movements out headed north and 67 movements out headed south, Terrey
Pine Drive at Eden Prairie Road had 29 movements in and 23 movements out,
There were 33 exiting and 27 entering at Terrey Pine Court, A survey was
done to see what level of activity there was in the existing commercial area
adjacent to Terrey Pine Court, There were 120 parking spaces and 40-50% were
• occupied.
Board of Appeals and Adjustments - 5 - April 9, 1987
An assessment was made to see how much traffic would be diverted to Terrey
Pine Court when the median is installed on Eden Prairie Road. It was found
that 40% of the traffic that has to exit at this driveway, headed north with
a western destination, would have to exit by Terrey Pine Court. About 30% of
the traffic has a destination north. Another 30% of the traffic has a destin-
ation east. Of that total volume, 50% would continue to exit by driveways or
exit east. Another 50% would go to Terrey Pine Court.
During the peak hour, it is estimated 37 vehicles would exit Superamerica and
26 vehicles would enter Superamerica by Terrey Pine Court, This would be equal
to the amount of traffic on Terrey Pine Court.
Koski noted that school buses drop off c➢)ildren between 2:20-3-30 PM.
Conclusions of the study were:
1 ) This amount of traffic would be diverted to Terrey Pine Court by virtue
of closing the access to the driveway,
2) There would be significant impact to traffic operations in the area
if the median is constructed and there is no alternate egress to
SUperamerica.
3) There would be a traffic hazard by not having an alternate exit,
4) The additional traffic to Terrey Pine Drive will not impose a signif-
icant impact. There are adequate paps in the Eden Prairie Road traffic
• to allow the exit from Terrey Pine Drive out Eden Prairie Road.
5) It is easier to enter the traffic on Eden Prairie Road and Terrey Pine
Drive than the Superamerica exit.
6) Additional traffic will not significantly impact the safety of ped-
estrians in the area.
Krueger asked if progress had been made with the neighbors . Tyson said
that concerns discussed were stacking of cars at the intersection of Terrey
Pine Drive and safety. There are no sidewalks in the area.
Tyson stated that an offer was made to construct a privacy screen for
G.W. Anderson at 16506 Terrey Pine nrive,
Krueger felt that there was a hardship for Superamerica. Superamerica
was promised the access and it was in the Developer's Agreement, At the
time Superamerica was built, the plans were approved with the driveway.
Tyson said that the Superamerica property can 't be put to reasonable use
if driveway access was denied. If the variance is approved, it would not
alter the character of the neighborhood.
City Attorney, Ric P.osow, stated that the record is clear that it was
anticipated that the driveway access would be there for egress, One
• could argue either side as to whether there is a promise, There is a
question if Ashland Oil relied upon the driveway access being there.
Board of Appeals and Adjustments - 6 April 9, 1987
Rosow asked how long Ashland owned the site, Durham said Ashland Oil
had owned the site since July 17, 1977.
Tyson said that in 1984, Ashland decided to increase the station and
the store size. Ashland developed the property and the driveway was
the last step.
Tyson stated that in 1984, plat approval was concluded. In the Spring
of 1985, discussion of the neighbors began regarding the easement. In
the summer of 1986, an easement was obtained from the Chiropractic Clinic.
Rosow said that the record is replete with the reference to the fact
that the access had been anticipated. It must be determined if Ashland
relied upon the opening. If Ashland relied upon the opening, then legally
promises were being made. The City would then be hard pressed to deny the
request.
Longman noted that the access had been determined. The variance is needed
to make the access fall into all of the perimeters .
Rosow stated that the City Council approved the site plan and planned on
having an access. No one anticipated when the driveway was set up that a
variance was necessary.
Dennis Nesbitt, 16546 Terrey Pine Drive, voiced his concern over pedestrian
traffic and safety of children. There is limited visibility in the winter
as there are no sidewalks in the area,
• Nesbitt felt that the video showing of the traffic was not representative
of actual traffic.
Nesbitt wondered how many of the other Superamerica stations have drive-
ways and accesses and why they have to encompass a residential neighbor-
hood. Future development is for residential development. The access
there now is for commerical property. People driving in are concerned
people to see: Doctors , dentists, veterinarian, insurance agents ,
chiropractors, or a tanning clinic. Traffic coming in to Superamerica
would be a noisy, hurried type.
Arockiasamy stated that Koski mentioned that Terrey Pine Court parking
spaces are used 40-50% now. That amounts to traffic of 128 cars, That
is equal to the traffic which will be created by Superamerica. At the
present time, if the entrance and exit were to be provided, traffic
would be doubled.
Arockiasamy wondered if there were any numbers if the area developed and
all the parking spaces were used up, Koski said that an increase in
Superamerica traffic was not projected. That is dependent on the traffic
on the roadway.
Koski said that during the peak hours, Superamerica draws 85% of its
traffic. There are 120 parking spaces and there is potential for business
• to increase. There is a possibility for traffic to increase on Terrey
Pine Court. Basically, the study indicates Superamerica might put the
same amount of traffic, as it exists, on the roadway now.
Board of Appeals and Adjustments - 7 - April 9, 1987
Arockiasamy asked what the capacity of the road was and how much traffic can
be allowed. Koski said that as traffic would increase on Terrey Pine Drive,
there may be potential for a traffic sign located on Terrey Pine Drive and
Eden Prairie Road. If the signal were installed, there would be ample capacity
in that intersection to handle any expansion,
Arockiasamy asked if the capacity of the roadway is restricted by the access to
Eden Prairie Road. Koski said that a signal might have to be installed if
traffic is increased.
Arockiasamy asked if the City had plans for asignal .Durham said no, however,
one could be placed. There is a requirement of 600' between signals.
Koski said that basically the traffic would be bypassed in the residential area.
Arockiasamy wondered how much residential and commerical traffic would be
allowed in the future. Koski said that he did not see any increase in the
future traffic on Terrey Pine Drive until there is proposed residential develop-
ment.
Arockiasamy felt that traffic from Eden Prairie Road to Terrey Pine Court and
back would be an unsafe situation with children.
Koski said that he didn't feel that there would be an increase in traffic other
than Superamerica traffic in the next five ,years .
Koski stated that there are 23,000 cars each day on Highway #5, Eden Prairie
• Road has 7500 vehicles each day. Until the next major expansion projects
develop, there should not be an increase in traffic on the roadway.
Arockiasamy said that if traffic increases on Eden Prairie Road, traffic will
increase at Superamerica. Koski agreed.
Arockiasamy stated that traffic will be increased at Terrey Pine Court; Koski
said that he didn't see a major expansion of traffic on Eden Prairie Road and
Highway #5. However, it could change,
Arockiasamy asked if there were any plans for sidewalks. Durham said no, side-
walks are put in concurrent with new development.
Aorckiasamy asked what the procedure would be if the neighbors wanted sidewalks.
Durham said that the neighbors would petition for them,
Anne Spletzer, 16794 Terrey Pine Drive, stated that she makes a conscious effort
to watch for the children, Spletzer felt that morning traffic would represent
the situation more accurately than the afternoon traffic depicted on the video,
George Hoff, attorney,representing Dr, Alston Lundgren, 7800 Eden Prairie Road,
stated his concerns. Hoff said that to grant a variance, two findings must be
taken into account: the public interest and undue hardship.
Hoff stated that one is not bound by the loose or shaky promises that might
• have been made. Hoff said that we must ask if the City if bound by a pure
misisterial mistake by something that the Engineering Department didn't measure
right. Minnesota laws are clear that the City is not bound by ordinary
Board of Appeals and Adjustments - 8 - P.pril 9, 1987
measurement mistakes by ordinary employees, Hoff does not feel that
• this is a hardship case.
Hoff read the statutory definition of undue hardship: "Economic considerations
alone shall not constitute an undue hardship if reasonable use for the property
exists under the terms of the ordinance, " Hoff noted that Superamerica does
have a reasonable use of their property. In order to be entitled to a variance,
one must deny all beneficial use. Superamerica has a beneficial use of their
property, but they haven't met a hardship standard yet.
Hoff said that with the access, the traffic will be doubled. There is the
added traffic from the Burger King and the Fleet Mechanical Services. Also,
the High School students will be crossing the street there, Hoff said that one
of the goals of the RM zoning is to preserve as much as possible single family
characteristics and minimize traffic. Hoff stated that evidence shows that the
driveway is not in the public interest. It is purely in the business interest
of Superamerica,which is not enough. Superamerica has not shown any hardship,
Harvey inquired about the bus stops. Durham said that he checked with Don
Spainhower, transportation director, regarding bus transportation and was told
that Kindergarten through Grade 5 is picked up at Terrey Pine Court and Terrey
Pine Drive. Nesbitt said that in the evening they are let off at Eden Prairie
Road and walk down Terrey Pine Drive and across Terrey Pine Court,
Harvey asked when the first gas station was planned on the site. Durham said
that the first gas station was built in 1967.
• Harvey inquired when the homes were built. Durham said that the homes were
built after 1978. The area is part of a PUD.
Harvey asked if the Developer's Agreement granted egress or easement to Outlot A.
Durham said that it granted Outlot A to be deeded to the City.
Rosow stated that the City required COR to dedicate Outlot A to the City for
access. The concern is whether there was a promise for Superamerica that they
would have the benefit of that access when they need it.
Linda Anderson, 16506 Terrey Pine Drive, said that if the access is open to
Superamerica, there would be 24 hour a day traffic. The access will drastically
change the nature of the traffic.
Bob Skinner, veterinarian of the Prairie Village Pet Hospital , Highway #5 and
Eden Prairie Road, noted that there was a large empty lot which is zoned Office,
Once developed, it would impact the traffic on Terrey Pine Court and Terrey Pine
Drive. Skinner felt that the access would be a safety hazard for neighbors. It
would turn a residential street into a busy and dangerous street`, The high
volume of traffic would hinder Skinner's clients access to the clinic. Skinner
spoke to a number of residents in the area and found that none approved of the
variance.
Carl Lindstrom, 16507 Terrey Pine Drive, had concern for pedestrian safety,
Lindstrom stated that when Superamerica was built, there was no other develop-
ment in the area.
Board of Appeals and Adjustments - 9 - April 9, 1987
Krueger inquired about replatting and rezoning of property between the
• Chiropractic Clinic and the Superamerica site, This could meet Code and
allow full access to Terrey Pine Court without variances.
Koski said that this would provide a lot division between the adjacent
property. This requires realignment of the road. It was never proposed
formally.
John Allenberg, chiropractor, Prairie Village Chiropractic Clinic, Highway
#5 and Eden Prairie Road, stated that the clinic had not been opposed to
the request. The clinic did not realize that there was opposition. When
the property was purchased in 1982, for the Chiropractic Clinic, it was
explained to them that Superamerica would use the access. Superamerica
indicated that they needed 5' of the land belonging to the clinic, The
Chiropractic Clinic gave Superamerica the easement requested.
Nesbitt felt that Superamerica does not need a third access. A gas station
does not belong in a residential neighborhood. It would be a great injustice
to the neighborhood to have the access,
Longman asked the percentage of rental property on Terrey Pine Drive, Nesbitt
said that there are only two rental properties,
Tyson stated that the PUD consisting of a commercial residential neighborhood
is working. Tyson said that the Superamerica property will be impaired if the
strict interpretation of the ordinance is utilized, If the variance is
• granted, it will not alter the character of the locality.
Arockiasamy stated that summarizing the issue is two fold: the issue of access
provided and the variance request. Hardship must be dealt with along with
safety of the children and drivers and the nature of the locality.
Arockiasamy felt that the traffic study was incomplete, It is a study of
arithmetical counts.
Arockiasamy said that there were too many unknowns.
Rosow noted that Outlot A is owned by the City, It is not dedicated on the
plat as a public street. If the variance is granted, the City still has to
allow someone to drive over its property.
Anderson felt that the City Council or the Planning Department should be
involved in the issue.
Longman perceived hardship for Superamerica and also the homeowners,
Safety of the children is a paramount issue.
Arockiasamy said that even though historically, the intention for the access
was there, things have changed.
Rosow said that Superamerica had asked for a variance and they have the right
to have their request acted upon, The Board must determine if things have
• changed since 1984.
Longman asked if it was the Board's obligation to hear the request and make
a motion on it. Rosow said that the Board has a responsibility to act on the
request.
Board of Appeals and Adjustments -10 - April 9, 1987
• Arockiasamy said that if a decision had to b made, he would have to go
against it.
MOTION: Arockiasamy made a motion to d�ny Variance Request#87-17,
submitted by Ashland Oil Company, with he following findings:
1 ) There needs to be more of an attemp to solve the problem.
Anderson added that there is a hardship for the residents in the
area involved. Anderson seconded the motion.
Discussion: Rosow added that the Board may want to include the
following findings in the test for a va iance:
1 ) The property can not be put to reasonable use.
2) The variance would alter the essential character of the locality.
3) The plight of the landowner is due o circumstances unique to the
property and not created by the lan owner.
Arockiasamy inquired if all the tests m�st be satisfied or a combination
of all three. Rosow said that in order to grant a variance, the property
owner would have to show all three tests. Rosow said that in a motion
to deny the variance, one does not have to deny it based on all three
tests.
• Arockiasamy stated in support of his mo ion to deny the variance:
1 ) There will be a hardship for Superat I ierica and also for the local
residents and the general area invo ved. The hardship doesn't
amount to undue hardship because the property can still be used.
2) The nature of the locality is bound to change to some extent.
Discussion: !. Tyson stated that he would like to continue the variance
request in order to work with the resid nts and Staff.
Arockiasamy withdrew his motion to deny Variance Request #87-17.
MOTION: Arockiasamy made a motion to continue Variance Request
#87-17, submitted by Ashland Oil Company until May 14, 1987, to
allow additional time for the proponent to prepare and address
the concerns and complex issues.
Harvey seconded the request. Moti n carried unanimously.
D. Variance Request #87-18, submitted by W i lliam and Barbara Smisek for
property located at 9991 Dell Road, Eden Prairie, Minnesota. The request
is for a variance from City Code, Chapter 11 Section 11 .03, Subdivision
2, B, to permit platting of a 4.26 acre parcel zoned Rural Gity Co e
• requires a 10 acre minimum) ,
Tony Notermann, attorney for the proponent, poke to the request. The
variance was applied for and granted in July of 1985. The variance lapsed
Board of Appeals and Adjustments - 11 - April 9, 1987
so they are resubmitting. The condition of the variance remains the same.
• There were no comments from the audience.
MOTION: Krueger made a motion to approve Variance Request #87-18.
submitted by William and Barbara Smisek with the following findings :
1 ) Both the 4.26 acre site and the 15.89 acre site be subject to
approval by the Planning Commission and City Council .
2) Both the 4.26 acre site and 15.89 acre site be recorded plats
within one year from approval of variance approval .
3) Both the 4.26 acre site and 15.89 acre site be subject to a
scenic easement along Riley Creek.
4) Both the 4.26 acre site and 15.89 acre site be subject to a 30'
road right-of-way easement along the southern border of the lots.
5) This variance request must be utilized within one year.
Harvey seconded the motion. Motion carried unanimously.
E. Variance Request #87-19, submitted by Leon Mills , for property located at
16051 Pioneer Trail , Eden Prairie, Minnesota. The request is for a varian e
from City Code, Chapter 11 , Section 11 .03, 1 Subdivision 2, B, to permit
construction of a home 10' from the west side lot line (City Code requires
• 15' 2 Subdivision 3, C, to permit construction of a home 50 from the
front lot line Cit Code requires 1101 as per the average setback of the
block) .
Leon Mills, proponent, reviewed the request with the Board.
The home was built by the Hennepin County Vo Tech. Mills owns two acres
and would like to place the home on the east lot. There is a severe drop
in the contour of the land.
Photos were displayed.
The average existing setback is 110' . Mills is requesting a setback of 50'
for the front lot line.
The house is a three bedroom rambler. A driveway is proposed to service a
tuck under garage in the rear of the house on the east side of the lot.
Durham stated that any home constructed from a county road must be at least
85' from the center line. It would be two feet that Mills would have to
comply with.
Durham said that the house is on a large lot. There are 18 houses on the
street ranging from 30' setbacks to 300' setbacks.
• Longman inquired if the adjacent neighbors had been notified. Durham said
yes.
Board of Appeals and Adjustments - 12 - April 9, 1987
Harvey asked if fill had been introduced to the site. Mills said that
• the City is hauling in fill .
Harvey said that a 50' setback would be uncharacteristic of the neighbor-
hood and homes that front Pioneer Trail .
Durham stated that on Hilltop Road the homes range from 30-100' setbacks.
The house on the south corner of Pioneer Trail has a 50' setback.
Longman asked how much fill the City was providing. Mills said that they
are hauling in dump truck loads.
Longman said that it is a unique situation. Longman wondered if it would
no longer be a feasible project if the house was put back 110' . Mills
said yes.
Longman asked if there was an option on the house. Mills said that he
purchased the house.
Harvey inquired if this was a septic area. Mills said yes, the drainfields
were in the back. There is good light soil for drainage.
Mills said that the ideal dimension would be 80' .
Arockiasamy said that 70' may be more reasonable.
. Harvey felt that there were alternatives to consider.
Longman said that because of the terrain of the lot as it exists, he would
be for the variance.
Anderson said that from a real estate point of, view, there is more value to
a home if it sits farther back frog the road.
MOTION: Longman made a motion to approve Variance Request #87-19,
submitted by Leon Mills with the following findings:
1 ) The front yard setback will be 60' from the road.
2) Two side yard setbacks will be 15' each for a total of 30` .
Harvey seconded the motion. Motion carried 4-0-1 . Krueger abstained.
IV. '' OLD BUSINESS
Howard Peterson of 7021 Duck Lake Road, submitted an appeal made by the Board
of Appeals and Adjustments regarding Variance Request #87-08. The City Council
decided not to review the appeal on April 7, 1987.
V. NEW BUSINESS
• Agenda items for March 14, 1987 will include: Anderson Carden Center and the
Fire Station located at Homeward Hills and Sunnybrook Road.
VI. ADJOURNMENT
Board of Appeals and Adjustments - 13 - April 9, 1987
• MOTION: Arockiasamy made a motion to adjourn the meeting at 10:50 PM.
Anderson seconded the motion. Motion carried unanimously.
•
•