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Home My WebLink About1994-07-05 Public Hearing REQUEST FOR VARIANCE REPORT PROPERTY OWNER PUBLIC HEARING Edward B. Kuntz P &Z 7/5/94 7:00 APPLICANT Dennis Erickson ITEM Request for variance to build a single family home on a 50 x 150 lot. This lot is a corner lot. Lots which abut on more than one street shall provide the required front yard setback (35 feet) along each street. The request for variance is for a 25 foot variance on Progress Road and Heritage Street to allow a structure to be placed 10 feet from the street right -of -way. BACKGROUND Property is zoned R -2 Single Family Residential and is a non- conforming lot of record. A single family dwelling and customary accessory buildings may be erected on any single lot record despite the fact that the lot fails to meet the requirements for area or width in the district but yard dimensions and other requirements for the lot shall conform to regulations and other requirements for the lot shall conform to regulations for the district. This exemption from area and width requirements applies only to a lot without continuous street frontage with other lots in the same ownership. (Reference Ord. 4 Sec. 42.01). A variance was previously granted to this property (June 11, 1986 City Council Meeting Minutes, page four) to allow construction of a single family home no closer than 16 feet off of Heritage Out bet. A 16 foot variances has also been granted to a similar lot. See page three, City Council meeting minutes, June 11, 1986. Page three, P & Z meeting minutes, October 3, 1989 indicates the Planning and Zoning Commission denied a seperate variance due to the fact the house was to large for the lot. f y c li c ±&-ce . tervi de 1880 Main Street • Centerville, Mai 55038 Established 1857 (612) 429-3232 • Fax (612) 429-8629 CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning Commission of the City of Centerville at the City Hall on Tuesday, July 5, 1994 at 7:00 p.m. The purpose of the hearing will be to hear all persons present regarding a request for variance from Ordinance 04, TABLE B - SCHEDULE OF DISTRICT REGULATIONS - LOT AND YARD REQUIREMENTS - Front yard setback. A twenty -five (25) foot variance is requested from the front yard setbacks. This would result in a ten (10) foot front yard setback abutting Progress Road and Heritage Street. The purpose of the request for variance is construct a single family home on a 50 x 150 corner parcel. The property is legally described as follows: Lot 1, Block 6, Village of Centerville. Dated: June 15, 1994. Signed: ittAAL Q. Sanna E. Buckbee Assistant City Clerk I as d C • ., T .: �.• .I - _ ♦-.- -- I 4.. .m4 •t. L a'- ¢ .. +� _ _ rr te. 7 ? \ • _ SS3b'J02id _ re) ti r w r2 1. 1. a Vim. .,' +y • .:. _ 3T11A831rt33 - -- I flN VAN- flFtf 0 - 0� • �a r + I '% & ' 9 : : _ 1 • • se y `ti ` a �, e ..c: . ..... I et • 1 ` ,1/2,::.- �/ Na109' ... . 2 2-........„ 11 � �- � '� i 4. 1 Q. r -1 \ mo w. +y am r Ca E J L� `i _ ' * 0N2 \ . ; �H// o 3 7 , ��1 /vim "-AZ \ • { \ N A REQUEST FOR VARIANCE REPORT PROPERTY OWNER PUBLIC HEARING Edward B. Kuntz P &Z 7/5/94 7:00 Lot 1, Block 8 Village of Centerville APPLICANT. Dennis Erickson ITEM. Request for variance to build a single family home on a 50 x 150 lot. This lot is a corner lot. Lots which abut on more than one street shall provide the required front yard setback (35 feet) along each street. The request for variance is for a 25 foot variance on Progress Road and Heritage Street to allow a structure to be placed 10 feet from the street right -of -way. BACKGROUND Property is zoned R -2 Single Family Residential and is a non- conforming lot of record. A single family dwelling and customary accessory buildings may be erected on any single lot of record despite the fact that the lot fails to meet the requirements for area or width in the district but yard dimensions and other requirements for the lot shall conform to regulations for the district. This exemption from area and width requirements applies only to a lot without continuous street frontage with other lots in the same ownership. (Reference Ord. 4 Sec. 42.01). A variance was previously granted to this property (June 11, 1986 City Council meeting minutes, page four) to allow construction of a single family home no closer than 16 feet off of Heritage Street. A 16 feet variances have also been granted to similar lots. See page three, City Council meeting minutes, June 11, 1986. Page three, P &Z meeting minutes, October 3, 1993 indicates the Planning and Zoning Commission denied a separate variance due to the fact the house was to large for the lot. PLANNING AND ZONING RECOMMENDATION Denial based on the following justification: 1. Special conditions and circumstances do not exist which are not result from the actions of the petitioner; 2. Literal interpretation of the provision of this ordinance would not deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of the ordinance: a. A variance was granted by the City Council on June 11. 1986 to the south property line (off of Heritage Street) of Lot 1, Block 6 Centerville to allow construction of a single family home no closer than 16 feet to that property line. 3. Granting the variance requested will confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; a. A similar request for variance was denied due to the fact the house is to large for the lot. 4. The proposed variance will impair the public health, safety, or welfare of the residents of the city; a. The placement of the single family home may impair the visibility at the intersection. CITY COUNCIL ACTION 7/13/94 • CITY OF CENTERVTLT.F APPLICATION FOR VARIANCE OR REZONING VARIANCE X FEE 60 HO et -re ethic REZONING p PAID STREET LOCATION OF PROPERTY 1 /')✓ t Iierckiy LEGAL. DESCRIPTION OF PROPERTY L6 1 &'e 6 Ce4 eest); i(e V /(a a8 a I a� acf o0 31 SIZE OF PARCEL (S) )Cis - o C5V kg/- (S� PROPERTY OWNER c hciv j PHONE NO (FEE OWNER) ADDRESS APPLICANT Pe C, ckSct PHONE NO .. ADDRESS APPLICANT'S RELATIONSHIP ID PROPERTY ___EE OWNER V CONTRACT - PURCHASER OPTION al PURCHASE LEASE HOLDER DESCRIPTION OF REQUEST' V an'ance Z4X v1 L i, a Coin, Alt - Leo 7 Cr e CeSack. m `k _ . . /sa:__ 1 ' ' ..' ' 6 ) �1 dry ' Pent REASON FOR REQUEST dt to lot (36,446 T l Rec. D Mi Kt ke. � . (SIGNAT OF APPLICANT) C'i►2,LL M>le 5 SSO)y 1 &., �>44, . (SIGNATURH OF PROPERTY ) 424 - 545/ (") - U9 - 1 3tt CH) 6-/V-9 (DATE) • Qc v `f V j + 2 L I ,9 N ,4) re T . ( • q a4 thJc-re Page Four - City Council Meeting Minutes Tune 11, 1986 - Residents are concerned with the safety of cars for two families in that small area. Motion by Robischon, second by Zimny to deny the variance request for a two fnmity dwelling, motion carried unanimously. .+; 3 - s The Planning and Zoning Commission recommended the City Council allow a variance to Ordinance # Section 34.01 -2 requesting *4r the setback off the south property Line (off Heritage Street) of lot 1.,. block 6, Centerville be no closer than 16 feet . to that property line to allay construction of a single - family home -. The required. standards for variances. seem: to be met: M — Speciar ctrcum .t.a.cest and conditions exist as this 50" r L$C" Iat of record- - T.iterat• interpretatiort would deprive the petitioner at rights errjoyect by anthers as the City has granted such variances far the- past - Granting this variance request wilt not confer special as similar' al privileges avariances have been granted. in the past. - The proposed: variance will not impair property values. public health;, safety ar welfare of the- residents of the City.: . Nation bg Fritable, secs& by Zimny to grant a: variance to Ordinance # Secti.oa 34-.0/ -2 requesting the esthetic aft the soatbt prape Az ty. Tines toe Seritage Street).- at tat L,. ' block 4,. Centerville be na closer than l.6 feet to that property line to aTVavw ccnstruatiart at a single family home maation carried unanimously.. Motion by- Rabischoa„ second by Writable to retain. the Part Fund deficit separate from the General. E ndt deficit„ motion carrieed_ =anima" usly« Clerk' will 'send care and Plant to aaraey Cartier who is • in District Memoriat Nation by Rabischon, second by' Writable to pay- Orville Wughea $7.50 per hour' white he is fitting ng in. for Harvey Cartier as Director of Public Works,. motion carried. unanimously.. Motion. by Robischon„ second: by Writable to allow a $250.00: working capital to the Public Warts Director wins each. single expenditure not te. exceed $100.0Q,. motion carried unanimously.. Clerk will contact Larry Koch and Maureen Aslesen about moving the bleachers= behind the backstops at the:: ballfields.. Clerk will contact the Rice Creek Watershed District about the tree across the creek behind Robischon's home. Clerk will contact the Rice Creek. Watershed District about the cul•rert under 3rian Drive. Page Three - City Council Meeting Minutes June 1.1, 1986 - Impairing Values or Welfare of Residents: - the new site of lots 10 & LL would conform to the ordinance - the west one third of lots 7, 8 & 9 could have restrictions on home size to. conform with residences to the east. Motion by timny, second. by Fritchie to grant variance request to separate the west one third+ of lots 'T, a & 9 i.rt Block Z. from:. lots LO & IL in Block 2,. Centerville., motion: carried unanimously.. Discussion art ?cerebella request for variance from setback requirements.. The Planning and toning Commission: recommended. the City Courri T. aLIawr a variance tax Ordinance #4« Section 3».Or -a requesting the setback at the west property- line- ( ate" Progress Road) at the west: ane third of latt T,. & & 9•.• Bloat x` in. Centerville be am closer than tb- feet to that property line-. The required standards for variances seem tat be mattep,�.., - Existing Ex± ting Spea.i aT Circuuvatances - This is a SG" Lat. -- at' record: net is several other 5O" later with homes an then.. There is. a sewer stub: installed ant this p=apert,�« This parcel_ is separated Prom: adacent property- ( _ . sewer ement.. • - Literal. T ±arpratltiort cat Pravi.siona - There are many 5cto r tie"_ Tats built apart in: Centerville- atther property" aware have beaux gated variances ins whirl T ar- aircumatancet. Striict iaterprata would: rears this site unsaleable. There is presently- a home cut Progress - .a cart mitk about art eight faat• estimate • Special. Privilegesc Cthere havet the right tt request ai cimftar' variance- La the past: other property owners have receive& a similar variance« • - Impair Values ar 9feLfare Residents - Setback wauLt allays goad visiaa to insure meaty art bath Waist Staeet ant Progress Road:.. Al new home want& enhance the , ? # value at the- rather homes fat the area... ation by Z,imriy -,. second: by Rabi.schon to grant the variance: to Ordinance #4.,. Section: 14-.,01: -2 requesting the setback at the 4 west property line (oft Progress Road.) of the west: one third: or lots 7' & & 9 « Black a in: Centevill.e be no. closer than T6 feet to that property line,. mo•ticrr carried: unanimously. - Discussion on Kuntz request for variance- from: setback requirements to construct a one or two falai l y dwelling.. The Planning and toning Commission recommended the City Council deny the variance request for- a two family dwelling due to the size of the Lot. The request did not meet the required standards for variances.. - The construction of a two family dwelling is a result of the petitioners actions, not special conditions - Literal interpretation would riot deprive the petitio of rights enjoyed by others - This would grant a special privilege denied to others P & Z Meeting Minutes October 3, 1989 Page Four street. Any new building must comply with the setbacks. Chairman Tourville expressed that the street can only go to the east, and can not be widened because of the buildings. He also felt that the ordinance was stretched to the limit in 1986, and ! that they still could build on the lot but would need another design. Gunnar Pettersen,. Building Inspector,. stated that the buildings were all in line with the other ones, and suggests a 24x40x42 split entry would be feasible_ I1 ot ' ion by Welk,. second by Vermsulen to recommend to the City cil to deny request for variance at 173& !lain street due- to 'itha fact then house is to large for the lot; motion previously , *denied July 1986, motion carried unanimously ~ Discussion on the proposed amendment to Ordinance *4. Chairman Tourville expressed concern on the wordage of the amendment. Motion by Permeulea, second by Drilling to recommend to the City Council the adoption of Ordinance *4, Section. 32_03 -17 amendment as follows: Row Heads: L The following signs upon the securing of a special use permit, an provided in Section 64 of this ordinance for each such sign: 4' (1) Heal $state development signs maybe erected to promote a residential project of ten C10) or more: dwelling units.. Such signs will not exceed one hundred (100) square feet per side and shall be removed when the project is ninety C90) percent completed, sold or Leased. .. Is amended to read: Real Estate development signs shall be- permitted if they meet the following requirements: (1) Signs shall not be placed upon private property unless written permission is. obtained from the owner, (2) Signs shall be placed twenty five (25) feet from the curb edge, (3) Signs shall not exceed the dimensions of 6'x10', P & Z Meeting Minutes October 3, 1989 Page Three ground. Gunnar Pettersen, Building Inspector, was present. Br-. Patterson . expressed that he was not aware of the thirty foot cornea' setback and approved the plane. Mr.. Fetterman check on. the ordinance when he received s plan with the thirty -foot setback. &LI other new homes is the RZ& district are with the thirty -foot corner setbacks. It appeared the general consensus of the Commission 'seaborne that the variances request was due,ta the fact that the owner was.mis- informed as to the setbacks in location of building of his house_ [ratios by Urilling„ second by Wells to recommend to the City- Council to grant thew request for variance from Sider Yard Setback for t850 :. Fax Run,. sighting 65. -1„ given inforaatioa resix,Lting from builders advises to buyer was di al eeh4 ng:. not granting any special. treatment that would not be conferred to another person: building an the same Tot, motto= cawed unanimously-- A4. ., It brief discussion an saps overlay... It appeared to be the generaL consensus at time Contest= members tar accepts the aim' sate recommendations. ,. •, ; • ore Motion by Welk,. second by geraeulen: to recommend tc the City- Commit that r to 400 feet be the standard for cites maps, motion carried uuartheounLy_ m, • NEW BIIr .. DiecuseJArt of variance request- frost Side Tart Setbacks for IIT3S %f Mafia Street tilting issue was discussed ira July IY t886 with the:'`,, ;,: City' Counca -Zhu (Mize Count*" granted the vaeriance to Ordinance SC, Section' Stilt Z requesting: the setback of the west property tins raft Progress Road:): of the west one third of lots Qf„, 86 & Block Z to Centerville be no closer than tt feet to that property line.. This made the lot saleable for the City's minimums house requirements. The, owners representative -, Dennis Scbwaflen, stated: that the lot was too small for at house that the Commission wanted to see built.. Her also expressed that someone who wanted to put that kind of s house on there, they- would buy a better lot.. Mr. Schwallere was alas unawares of the ordinance requiring all' new dwellings to have an attached garage. Walt Neumann, liaison, questioned the safety and vision obstructions already existing on this road. There are grandfathered buildings built write up to the street edge, and the City Council has considered making Progress Road a one way • • • , tervide 1880 Wain Street • Centerville, 55038 Estabrs(ted 1$57 (612) 429 -3232 • Fax (612) 429 -8629 CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning Commission of the City of Centerville at the City Hall on Tuesday, July 5, 1994 at 7:10 p.m. The purpose of the hearing will be to hear all persons present regarding a request for variance from Ordinance 84, TABLE B - SCHEDULE OF DISTRICT REGULATIONS - LOT AND YARD REQUIREMENTS - Rear and /or Side yard setbacks. The variance requested is to construct a deck into the rear and /or side yard setbacks of an odd or irregular shaped lot as follows: 7.5 feet from the west property line (a side yard variance of 2.5 feet); and a 20 foot variance from the rear property line at the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. The property is legally described as follows: Lot 1, Block 1 Burque Addition $1. And commonly known as: 1594 Peltier Lake Drive. Dated: June SUM_ 1994. � � Signed: _ E. x:K.K .4- Sanna E. Buckbee Assistant City Clerk • • -v ti of NI h ,t .-, ,. ,i C -ale" d - 4 n 43; .r.• a 4 `.: . 4 ; - r '. •• ` -.' t"r a' *Th '• y .. • Y li 4 • �� - X ,t y � ' tY tr rl�.. L y,. YV Tom - a .. • . . ;a ` ! ,ylycy. - , ; I ..'- 'se 4- a^ _�' 1 1. `.- " , FCC Tc a ii' .b' ` '+-. _ 4.4.) : e41 ? `: j te 2, 7" - ..'" pt _ • `, — �� / :' t. a : r 1 *Pr 4 ,...- / - - s Y • -O r NO' 1 — is 5 ' p ` k 4 , : v :ry CITY OF CENTERVIILLE APPLICATION FOR VARIAN= OR REZONING VARIANCE X FEE- / ' 5 -d K A/Gai 46 D.4Ote REZONING PAID K STREET: LOCATION OF PROPER'$ /.541 �,� n, ' Laver 2)e' 71eive LEGAL, DESCRIPTION OF PROPERTY /or / R//OR L. Au eouE • i . AD11177Mti ,4rnla f ! Ouu7'/, //MJ. , POr7F SIZE a2' PARCEL Cs) /.7/ , V'x 20, /4' x /56 .1' PROPER= awrone ficil.4R,ues / Any Cana) PRONE Na.- USs 7670 (PEE awrCR) ADDRESS' /.S9 Pectin" Limes 22r, efinarsmiair D7xl ire, APPLICANT' - JAnJar A's ,,89,7F. ni Attain PANE NO . Aflaaz= APPLICANT'S: RELATIONSHIP 'm PROPER= __PIEZ NCa 7 QWT MONA= 0PTIIN ffi MR___ —a maze - K GP REQQSSF , e frAJR )4e«iveE Tn YARD .S4r9dieCr f daFn7t -fl f'.c 17A9 i4 e• DRMO2P" Al a= Me /674 ,szrr07e LAM,.w flue REASON POR REQUEST' T AN/'a ADon7fifilfinAissrisi • ' - oF# V p DSfrr /W WnPn-rtr R4 RFPR xJ>n7' • -44 LI ' •c ElArat (. •� NATURE 0 ' PROPER= O MNER) (DATE) REQUEST FOR VARIANCE REPORT PROPERTY OWNER PUBLIC HEARING Ron Barnes /Amy Ebsen P &Z 7/5/94 7:10 1594 Peltier Lake Drive APPLICANT. Same. ITEM. To construct a 12' x 16' deck into the rear and /or side yard setbacks of an odd or irregular shaped lot as follows: 7.5 feet from the east property line (a side yard variance of 2.5 feet); and a 20 foot variance from the rear property line at the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. This would result in the deck being placed 5 feet from the property line. See sketch. BACKGROUND Property is zone R -2 Single Family Residential. The property is odd shaped. A three foot side yard variance was granted to a different lot on a previous occasion. See page two, P &Z meeting, October 3, 1989 and City Council meeting minutes, October 11, 1989, page two. PLANNING AND ZONING RECOMMENDATION Approval based on the following justification: 1. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and do not result from the actions of the petitioner; a. The lot is irregular in shape (three sided). b. The placement of the home on lot. c. The distance from the corner of the lot. 2. Literal interpretation of the provision of this ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of the ordinance; a. Variances to construct a deck into the side yard setback have been previously granted. 3. Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; 4. The proposed variance will not impair an adequate supply of light and air to adjacent property, or unreasonable diminish or impair established property values with the surrounding area, or in any other respect impair the public health, safety, or welfare of the residents of the city; 5. There does not appear to be any object from the neighboring properties. CITY COUNCIL ACTION 7/13/94 • (-i - \ . P r N r ' n '' Cn D r > ► 7 I j aa 7, ....lip .l ..) - . T '1 u . • ( 4' c 1 ca i c _ 1 ? Q , I ° ti ., \D ,3 a cill 4 1Q ' 1 n it { te1 E 2 ,� 4. .0 QQ G ' 1 a r .. g r r 6 - K ` k , Id E 9 3 et i 1 t g 5Z N 1 v P A Z Meeting Minutes October 3, 1989 Page Two eight foot wide mobile home on that property. He also expressed that with the lot being so narrow that a house complying with the ordinance, would have to high of a mortgage for the value of the lot. Earl Halley, 1T40 Main Street,. and Pat Camp, 7121 Centerville Road were present in the audience and asked questions of the request for variance. ; Gn.,nn Bettermen Building Inspector,. was present is the audience. He stated that this was a city ordinance, and not a state ordinance on. the minimum width of a home. Motion by Drilling,. second by Vermeulen to adjourn public hearing,. motion carried unanimously. Hearing adjourned at 7:45 Pursuant to.due call and notice thereof,. the Planning and toning Commission held their regular meeting cos October 3, at.0 t), Hall_ Chairman Tourvilla .called the _meeting to order at ?:45+ p.m. Presentr Welk. Drilling, V'ermeulen,. Lf orison Weumaaa_ Motion by Drilling. second by Welk to approve the minutes ot'thew September. S. Z989r meeting,. motion carried u nanimo us ly. Chairman Tourville noted that the date of the City Council specie' meeting conflicted with the September H,. 198& Manning and Zoning meeting.. Sind there was not two meetin ors that date„ ha fait the date should be corrected to September r SEW_ • OLD BUSINESS_. *_•.. • Discussion oi' variance request from: the Side. Tare Setback tar erect any attached deck seven feet from the west propertyu at 1850 -Sow Run., Tom Zurn, owner of the property at 1850 For Run, was present. Mr.. run explained that originally, he wanted the house to be setback thirty feet frost the streets, but was informer that the setbacks were thirty -five feet.. After the house was complete he was then. .told that he was WA-informed ant that the house could have been setback the thirty feet since he it on. a corner. lot. All new houses that have been built on. corner Iota in. the "RZA: district now are setback thirty feet. His house could. have been built six feet further to the east. There is nine feet there to build a deck, and two feet of this deck are taken up by a bay window that extends outward. There is no other feasible location for this deck, the sliding patio doors are there. The house is a single story and the deck would be approximately two feet off the P & Z Meeting Minutes October 3, 1989 Page Three se ground. Gunnar Pettersen, Huilding Inspector,. was present. Hr. Pettersen 4.4 7, expressed that he was not aware of the thirty - foot corner setback and approved: the glans. Mr. Pettersea check on the ordinance- when he received a plan with. the thirty -foot setback. All other new homes in the 82S district are with the thirty -foot corner 4 ; setbacks Et appeared the general consensus of the Commission. members that the variance request was due to the fact that the- owner was miser informed as to the setbacks in Iocatioa of building; of his house. it . Notion br Drilling, second by Welk to recommend to the City Conseil to grant the request for variance from Side Yard Setback • for I850' Tom Hun, sighting 65. 03 - T,, given information restating from builders advisee to buyer was misleading;. not granting aim 1. ; building ppec�ii�jajl�.� that wo treatment thuld not be conferred to another parson k, b on the. same Lat motion carried unanimously. C discussion on map 'reverter . It "appeared to the ge l consensus, onsensus or the Commission - members to accept the city staff • Iotioa by Welk,. 'second by Vermeur n to recommend to>'thee Mit? Council that r to 400 feet: be the standard' for City maps„ carried! unanimous 7- Diecasefoa variance' request"tvs Side Yard Setbacks" for *T3B . Baia Street_ This issue was discussed In ally 11....;1988 with; the . City Chin_ - The City Counctt granted the variance to Grd ecee ;4 ir4,. Section 34.0I-2 requesting the setback of the west: Property Line toff Progress Road) of the West one third of Tats 7,. a a 90. Block 2 txt. Centerville be no closer than IS feet to that property Line.. This made the lot saleable for the City's minima house requirements. The owners representative,. Dennis Schwaflen, stated that the lot was- too small for a house that the Commission wanted to see built. He also expressed that someone who- wanted tee put that kind' of a house on there, they would buys a better tot_ tlr. Schwallen was also unaware- of the ordinance requiems an nee dwellings to have- an attached garage. Wait Neumann, liaison, questioned the safety and vision obstructions already existing on this road. There are grandfathered buildings built= writer up to the street edge, and the City Council has considered making: Progress Road a one- way CC Meeting Minutes October 11, 1989 Page Two 1 now reads: No disputes proceeding... should read: No disputes except those proceeding... - Page 7, section 4.2, "Disbursements and Bonds now reads: ...shall furnish a bond... should read ...shall be bonded..., Y - Page 7,. section 5.I, "h. Equipment "„ Do we want to add . the type of depreciation?, lotion carried; unanimously.. 3 copy of the draft is orb the with the Clerk/Administrator. - -s .14 .. * - Brian Miller, City Bhgineer, presented a letter dated! October a. 1989, referencing the Hardwood Pond Estates. Phase IL escrowr requiresenta for engineering costa. The letter estimated a escrow amount of $4,0011.00 for engineering_ This - let ter' -ta. om file with the Clerk/ .. _ . *a r ' > ; t ter t,a-he • , . + r.. ., x. - . " --c- ffsw..$: - NEI* BUSINESS:- . i s • - ;d. , SS 19 J -. , 1 .. -.. - , i acuss i oa of variance req efl thar sdda yaac� sette k SL $om Run . : _ . , ., . , . r y _ ._ ', sc 2 . s_. ' .� . ' i Z i.. M r. a Mrs. Zura, property owners at 2850 Fax B hn.. were pressat: to reques - a variance from the Side Hard Setback of Ordinance Siniite e rect. an attached~ deck eeaesr tee# tros thse wrest propsrfgF : alas a 185O Sax RIM- - A puh tr hearing was Jima before the ?ta..n _ sidi - ,;,. Zoning Commission refereatiaat this matter as October Ti, -fib_ was noted : at. the ; pribtl-temt hearing , that thstairoPerinr Sinn a given. misinformation regarding .theirs metbadm - rer -- jb = building their home_ They wants& to build their home - with - ,at 30.1 foot setback and. were told they =redmd! a 35 foot, setback Obi :thew RZA District a 30 foot setback is the.requtremeat.. Etas the Planning t ng andI ?Zoning recommendation to the City Coancfit to* approver this variance request, citing Ordinance *4, section- gtr.OS ]i.., Misleading' information was given to the property owners regarding their setback, thus, special conditions and circumstances saint. and in not result from the actions af' the petitioner.. -tin - b RA: X The turns noted that presently there is not a home on the neighboring lot. . • n.* - Motion by Peterson,, second:. by Surgstahter to approve the* variance request from the Side Yard Setback- of Ordinance, *4-. Tablet 3 _Z} Schedule of District Regulations, lot and yard requirements made 1 by Mr. & Mtee. Tom Zurn, property* owners. of 1880 Fox Run, to erect an attached deck seven feet from the west property line of the i 4 property described as 1850 Fox Run; citing Ordinance 04, section j 65.03 -1, noting misleading information was given to the property 3 i I 1. CC Meeting Minutes October 11, 1989 Page Three owners thus creating special conditions and circumstances not resulting from the actions of the petitioner, motion carried u nanimously. giD BUSINESS: Discussion. of Municipal Facilities. Council member Pelton will request_ brochures: from potential consulting architectural firms. She will also begirt compiling a request for proposal for Council review. Motion by Haberman, second by Pelton to approve the addendum to the Centennial Tire District Joint Powers Agreement "Firs Station Standard Specification&',. motion carried: unanimously., Appearance of Gerald Rehbein, developer of the Hardwood Pond Estates development_ Discussion_ of the construction. of the roads in the second phase of the Hardwood Pond Estates. Motion by Burgstahler, second by Haberman to have the- City express its: agreement: that . Mr_ Eehbein. on. his on complete the react i n j roads: as laid; out. in the plans and specifications;.: with the understanding that this action creates no promise of liabi lttyt oa thew Csty"sr part to. approver , the North t /Z,, ; of his property; :: {,this motion. is contingent upon him Hehbeia 'arranging an escrow+ is thee amount. of ..4144a00.-00. to cover engineering fees, contingent upon- lie_- e h e ia uatag Maier,, Stewart. & Associates as his engineer;. subject . to. approval of the City Attorney in writing;. - contingent upon Mr.. Rehbeia sitting m waiver or letter acknowledging the above. agreement and its .contingencies„:motion carried unanimously. tr_ PSTI.TIONS AND. COMPLAINTS:. Mayor Haberman:. received a complaint: from a resident on the north end of Centerville" Road referencing a neighbor shooting archery from his deck while, inebriated_ Mayor Haberman, informed the resident of the ordinance being worked on, by the. Council to help resolve these matters.. OLD BUSINESS: Council member Pelton recommended a copy of the Anoka County - Chamber of Commerce newsletter be given to the Centerville Economic Development Task Force, referencing the "Welcome New Investors" and. "Blaine Area Development Company Announces Job Audit Report" for their review and information. 1