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City Council - 06/19/1969 - Village Meeting MIND TES EDEIN PRAIRIE VILLAGE COUNCIL Thursday, June 19, 1969 8:30 P.M. Village Mall Members present were: Mayor Osterholt, Councilmen Haugen, Shultz, Redpath. Village Manager George Hite and Village Attorney Harlan Perbix. I. PUBLIC HEARING A. Proposed Ordinance No. 135 Zoning Ordinance. Mayor Osterholt announced that the Council would conduct a special hearing for the purpose of futher discussion on the proposed ordinance and that no specific Council action was intended at this meeting. Village Planner Don Brauer and Village Manager George Hite each presented statements explaining the sections of the proposed ordinance regulating lot size in residential areas and the reasons that those sections were being recommended. Mr. Loren Irvine presented a statement in opposition to the proposed minimum lot area and maximum lot density regulations. He said that he had discussed the situation with a number of realtors, appraisers, and planning consultants and generally they had reported that a reduction in lot size would mean the construction of homes of lesser value and that any arguement that Eden Prairie needed to develop low income housing in order to attract industry was without foundation. Mr. Leonard Grannes said that he felt that the ordinance was not as "air tight" as it should be in a number of areas and that anyone who seriously wanted to do so would be able to circumvent any of the regulations contained in the document. He asked Village Attorney Perbix whether or not he felt that the ordinance was enforceable. Mr. Perbix replied t hat even though the ordinance was in some respects different from those customairly found in suburban municipalities, he felt that is was enforceable to the same degree as any municipal ordinance. He added that all municipal zoning ordinances are occasionally tested and that the ordinance as proposed would be as defensible in court as any ordinance could possibly be. He added that even though theoretically it might be possible to circumvent sections of the proposed ordinance, i there were other regulatory devices and ordinances available to the Village that would tend to diminish this possibility. In response to a question about the plat approval procedure, Mr. Hite 3 noted that all subdivisions of land would require at least two public hearings (one for the initial zoning and the second for the land sub- division) and that in those situations where variances or Planned Unit Developments were proposed, a third hearing would be required. I�rring the following discussion it was agreed that following changes or additions should be made to the proposed ordinance. June 19, 1969 COUNCIL MINU7t,S Page two Side lot line set backs for accessory structures in the residential and office districts would be increased from 5 to 10 feet. Additional ordinances would be adopted establishing specific requirements .for off-street parking,, off street loading and signs. Properties within 500 feet, rather than 100 feet, of property proposed to be rezoned would be notified by mail of the required public hearing. The Council would give additional consideration to the make up of the Hoard of Appeals. Mayor Osterholt announced that the first reading of the land class- ification or zoning map portion of Ordinance No.135 would be held on July 8th at 7:30 P.M. The second reacting on the text portion of the Ordinance was tentatively set for July 22nd. The meeting adjourned at 11:25 P.M. Edna M. Holmgren, Clerk i J i A