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Minutes of Regular Council Meeting April 11, 1983 Page 3 Mulcahy atated that applicant, in his opinion, has made a good case for hardship, is not asking for over-design, feels that ~ level approach for garage is reasonable accommodation of land. "Forcing him back 40' doesn't do anything for us as a Village". Christiansen queried what slope would be with access from Bussard Court. Miller stated that it would be considerably more. . McAllister noted great difficulties in the lot in general as a building site; questioned if house could be designed so that garage variance would not be needed; varisnce does appear to be necessary with this design, but feels this may not be the best use of the land. Council noted the~ is presently an unimproved driveway from Snelling Ave. to this lot. Motion carried (Mulcahy, Christiansen, Woodburn voting in favor of the motion; McAllister voting in opposition (3-1). Case No. 83-6, Lot Split, 3759 New Brighton Road Miller stated that this lot is 1,000 + feet in depth, as are other lots in this area which run between New Brighton Road and Cleve- land Ave.; explained that the applicant is proposing to split the lot so that the lot with his home would be 100' wide by 200' deep; lot fronting on Cleveland would be 100' by 900' deep; noted that the applicant would like to retain the lot fronting on Cleveland, if he sells his home. would like to keep the trees. Miller noted that Subdivision Ordinance allows lot splits, pro- vided the resulting parcels meet minimum lot requirements, and the subdivision would not be detrimental to area. Area is zoned R-2, consists of extremely deep lots. because of soil conditions and negative environmental conditions (freeway, powerlines) it is not well suited to residential use: Miller noted that several lot splits and consolidations have been approved in the area re- sulting in a larger, more flexible parcel which improves develop- ment potential, in his opinion. Miller explained that the proposed back lot does not have sewer and water available; it appears soil conditions would make on- site sewer impossible. noted that applicant has indicated he does not intend to develop the land, or combine it with existing larger parcel,at this time. Miller reported that Planning Commission has recommended approval of a lot split at the base of the hill. Applicant is agreeable to this . McAllister moved that Council approve the lot split for 3759 New Brighton Road, with the lot split moved about 100' to the base of the hill. Motion was seconded by Mulcahy and carried unani- mously. (4-0). . Case 83-10, Lot Split and Associated Variances, 1415 Arden Place Miller reported that Mr. Erickson's home is built on 1~ lots (200' x 120'); he is proposing to create an additional lot by splitting off the east portion, creating a lot 80' x 118' deep which would be substandard in width, depth, and area; remaining lot would also be substandard in area. Miller reported that the Planning Commission has recommended denial, based on the creation of substandard lots; Board of Appeals has recommended denial, because there is no evidence of an undue hardship. Mr. Erickson referred Council to portion of the Ordinance which states that, in instances where strict enforcement would create hardship, variances can be granted, giving Council legal way of handling this in his favor; noted granting the split would be in keeping with the spirit of this Ordinance. He fe~t the proposed easterly lot would accomodate a house; noted that the house to the east is on a triangular lot, that there is a large amount of open space behind the lots, ao it would not appear crowded. Erickson said he has been disabled; is unable to work or to take care of the lot adequately, and he financially needs money. -3- .