2000-01-25CITY COUNCIL MINUTES - JANUARY 25, 2000
MINUTES - CITY COUNCIL -JANUARY 25, 2000
The City Council of the City of Mound, Hcnnepin County, Minnesota, met in regular session
on Tuesday, January 25, 2000, at 7:30 P.M., in the Council Chambers at 5341 Maywood
Road, in said City.
Those present were: Mayor Pat Meisel; Councilmembers: Andrea Ahrens, Bob Brown,
Mark Hanus and Leah Weycker. Also in attendance were City Attorney Mack LeFevre,
Acting City Manager Fran Clark, and Secretary Sue McCulloch. The following interested
citizens were also present: Jim Bedell, Jane Carlsen, Martin Carlsen, Steve Coddon, Joe
Detling, Wayne E. Ehlebracht, Mark Goldberg, Stephen L.Hewitt, Peter Meyer, Roberta
Rice, and Kristyn Schmitz.
*Consent Agenda: All items listed under the Consent Agenda are considered to be routine by
the Council and will be enacted by a roll call vote. There will be no separate discussion of
these items unless a Councilmember or Citizen so requests, in which event the item will be
removed from the Consent Agenda and considered in normal sequence.
OPEN MEETING -. PLEDGE OF ALLEGIANCE
The Mayor opened the meeting at 7:41 P.M. and welcomed the people in attendance. The
pledge of allegiance was recited.
APPROVE AGENDA AND CONSENT AGENDA
Councilmember Weycker stated she would like Items A and D removed from the Consent
Agenda.
MOTION by Ahrens, seconded by Hanus, to approve the agenda and consent
agenda with the removal of Items A and D. The vote was unanimously in favor.
Motion carried. 5-0.
51
MOUND CITY COUNCIL MINUTES -JANUARY 25~ 2000
CONSENT AGENDA
*1.0
CASE 99-43: VARIANCE REOUEST TO ALLOW AN 8' X 10' SHED IN A
FRONT YARD SETBACK: ROBERTA RICE. 4760 ISLAND VIEW DRIVE.
BLOCK 8. LOT 5 AND W 18' OF LOT 4. DEVON. 37870. PID #30-117-23 22
0084.
RESOLUTION g00-10:
RESOLUTION TO APPROVE A VARIANCE
TO ALLOW A NONCONFORMING FRONT
YARD SETBACK OF 4 FEET IN ORDER TO
CONSTRUCT A DETACHED SHED, AT 4760
ISLAND VIEW DRIVE, BLOCK 8, LOT $ &
W18' OF LOT 4, DEVON, PID # 30--117-23 22
Ahrens, Hanus, unanimously.
*1.1
CASE 99-44: VARIANCE REQUEST TO ALLOW THE CONSTRUCTION OF
A SINGLE FAMILY DWELLING ON A PROPERTY IN ZONE R-1 WHICH
DOE~ NQT MEET THE AREA REQUIREMENTS FOR THAT ZONE: DENNIS
KASIN. XXXX DORCHESTER, BLOCK 12, LOTS 27, 28, 29 AND THE E 25'
OF LOT 26, AVALON, ~7850, PID # 19-117-23-31-0127,
RESOLUTION gO0-11:
RESOLUTION TO APPROVE A VARIANCE
TO ALLOW THE CONSTRUCTION OF A
SINGLE FAMILY DWELLING ON A
PROPERTY IN ZONE R-1 WHICH DOES
NOT MEET THE AREA REQUIREMENTS
FOR THAT ZONE; LOCATED AT XXXX
DORCHESTER, BLOCK 12, LOTS 27 THRU
29 INCL AND E 25' OF LOT 26 EXCEPT
ROAD, AVALON, PID # 19-117-23-31-0127, P
& Z CASE # 99-44.
Ahrens, Hanus, unanimously.
'1.2
RESOLUTION APPROVING AN EXTENSION OF THE LICENSE
AGREEMENT (#A14569) WITH HENNEPIN COUNTY REGARDING
ELECTRQNIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATE BASE
(EPDB) AND AUTHORIZING THE ACTING. CITY MANAGER TO SIGN THE
AGREEMENT.
MOUND CITY COUNCIL MINUTES -JANUARY 25~ 2000
RF~OLUTION #00-12:
Ahrens, Hanus, unanimously.
RESOLUTION APPROVING AN
EXTENSION OF THE LICENSE
AGREEMENT (#A14569) WITH HENNEPIN
COUNTY REGARDING ELECTRONIC
PROPRIETARY GEOGRAPHICAL
DIGITIZED DATE BASE (EPDB) AND
AUTHORIZING THE ACTING CITY
MANAGER TO SIGN THE AGREEMF~NT.
'1.3
RESOLUTION APPROVING A PREMISES PERMIT RENEWAL
APPLICATION FOR THE AMERICAN LEGION POST #;~95 MOUND,
RESOLUTION//00-13:
Ahrens, Hanus, unanimously.
RESOLUTION APPROVING A PREMISES
PERMIT RENEWAL APPLICATION FOR
THE AMERICAN LEGION POST #398 -
MOUND.
'1.4
SET DATE FOR PUBLIC HEARING TO CONSIDER VACATION OF
UNIMPROVED WATERFORD ROAD ADJACENT TO 2597 AND 2541
WEXFORD LANE LOCATED WITHIN THE R-2 SINGLE OR TWO FAMH~Y
RESIDENTIAL ZONING DISTRICT. BLOCK 7. LOT 1.2. 3. 15 AND 16, PIDS
/PS NOT YET ASSIGNED, SETON, P & g CASE//99-41. (SUGGESTED
DATE: FEBRUARY 8, 2000),
MOTION.
Ahrens, Hanus, unanimously.
'1.5
TREE REMOVAL LICENSE FOR $TUMPF'$ TREE SERVICE.
MOTION.
Ahrens, Hanus, unanimously.
'1.6
PAYMENT OF BILLS,
MOTION.
Ahrens, Hanus, unanimously.
MOUND CITY COUNCIL MINUTES -JANUARY 25~ 2000
1.7 MINUTES OF THE JANUARY 11, 2000, REGULAR MEETING.
Councilmember Weycker stated on page 230, the last paragraph should state as follows:
"Councilmember Weycker stated Mr. Alwin had every intention of preserving the complete
27 acres but, he got frustrated with the communication issues and hqw the City of Mound
was approaching Mr. Alwin and he now had no intention of preserving the property for the
City of Mound."
MOTION by Weycker, seconded by Hanus, to accept the minutes of January 11,
2000, as amended. The vote was unanimously in favor. Motion carried. 5-0.
1.8
QRDINAN(~E AMEND~T; ~10~-2000 AN ORDINANCE AMENDING
SECTION 300:20. SUBD. 2: 305:00: 310:00; 311:00; 315:20: 365:05. SUBD. 2.
460:35 AND 350:25. SUBD. 1 OF THE CITY CODE RELATING TO PERMIT
APPLICATION REOUIREMENTS.
Councilmember Weycker asked, and Councilmember Hanus agreed, for clarification in the
ordinance where it noted each application must be accompanied by a "written certification.
The Acting City Manager stated staff would actually verify the applicant is up to date with
his/her taxes, assessments and bills before an application is approved.
Councilmember Hanus stated because the staff would be verifying this process and not the
applicant, he suggested the language to read as follows:
"Each application for a building permit shall be verified that all property taxes,
special assessments, municipal utility fees, including but not limited to water and
sewer bills, and penalties and interest thereon have been paid and are up to date."
Councilmember Hanus stated each of the listed ordinances noted above as Item 1.8 should be
changed as stated above.
The Acting City Manager stated she will check with Joe Yeng, City Attorney, and have the
appropriate language inserted in all the applicable places.
Weycker moved and Hanus seconded the following:
ORDINANCE//105-2000
AN ORDINANCE AMENDING SECTION 300:20,
SUBD. 2; 305:00; 310:00; 311:00; 315:20; 365:05,
SUBD. 2, 460:35 AND 350:25, SUBD. 1 OF THE
CITY CODE RELATING TO PERMIT
APPLICATION REQUIREMENTS.
The vote was unanimously in favor. Motion carried.
MOUND CITY COUNCIL MINUTES -JANUARY 25~ 2000
COMMENTS AND SUGGESTIONS FROM CITIZENS PRES~ (PLEASE LIMIT
TO 3 MINUTES PER SUBJECT),
There were no comments or suggestions from citizens present.
1.9
RESOLUTION APPOINTING GERALD JONES TO THE DQCKS AND
COMMONS COMMISSION TO REPLACE ORV BURMA WHOSE TERM
EXPIRE.r) DE~EMBER 31, 1999, THI~ TERM WILL EXPIRE DECEMBER
31. 2002.
The Acting City Manager stated she received the Dock and Commons minutes today and
they are recommending that Mr. Gerald Jones be appointed.
Mayor Meisel stated she like the other applicant in accordance with her written skills she
projected in her letter and appears to have a lot of insight into docks and commons.
Councilmember Hanus stated that was his first impression as well, but when the actual
interviews occurred, Mr. Jones projected an excitement in his voice and a great interest in
the program and seemed quite experienced. He stated Mr. Jones was talking more openly
and appeared less guarded.
Mark Goldberg, Chair of the Docks and Commons, statedthat Mr. Jones appeared to
understand the commons well and the other candidate did not seem the ideal candidate as
initially projected. Mr. Goldberg stated Mr. Jones appeared very pragmatic. He felt Mr.
Jones understood both sides and seemed to know how to balance the docks and commons.
Mr. Goldberg stated the vote was a 3-2 tally. Mr. Goldberg stated he spent about 20
minutes with each candidate.
Hanus moved and Ahrens seconded the following resolution:
RESOLUTION//00-14
RESOLUTION APPOINTING GERALD JONES TO
THE DOCKS AND COMMONS COMMIgSION TO
REPLACE ORV BURMA WHOSE TERM EXPIRED
DECEMBER 31, 1999. THIS TERM WILL EXPIRE
DECEMBER 31, 2002.
Discussion
Weycker stated she would have appreciated some "female blood" in the docks
program.
The vote was unanimously in favor. Motion carried. 5-0.
MOUND CITY COUNCIL MINUTES -JANUARY 25, 2000
1.10
RF~OLUTION ,~PPOINTING COUNCH.MEMBERS AS COUNCIl.
REPRF~A~ TO THE VARIOUS COMMISSIONS FOR THE YEAR
2000.
Mayor Meisel stated this matter was tabled at the previous meeting because of the absence of
two Councilmembers. Mayor Meisel stated Councilmember Weycker had a concern about
having Councilmember Hanus being the Council Representative for the Docks and Commons
Commission this year. Councilmember Weycker proposed that either Mayor Meisel or
Couneilmember Brown be the representative.
Councilmember Weycker stated in 1997 when the DCAC was formed, the then Mayor,
Polston, said he could only support creating this commission because of the make-up ic uts
members. At that time Polston was the Council Representative to that commission and was
not a current user of the dock program. Having Councilmember Hanus on the DCAC
changes the make-up of the commission because he is also an abutting property owner.
Councilmember Hanus stated the makeup of the docks is set up to have three inlanders, two
abutting folks and the council representative could be an abutter, nonabutter or neither. He
stated from an inlander's prospective, the worse case scenario would be a 3 to 3 tie.
Mayor Meisel asked Councilmember Hanus if he has any prejudice on either side being on
the docks and commons. Councilmember Hanus stated he is more educated on one side than
the other, but he would not consider himself prejudice.
Mayor Meisel stated she would like to have all Councilmembers keep in mind the Docks and
Commons Commission is an advisory board.
Councilme'mber Hanus stated he does not want anything to do with hurting the program, so
he is open to other Councilmembers suggestions but would appreciate not closing down the
program. Councilmember Hanus further stated he is working for the whole City of Mound
as well as any other person committed to volunteer committees they have agreed to serve on.
Councilmember Brown stated the object of the committees is to do what is best for the City
overall.
Councilmember Weycker stated she is trying to provide a voice for the people who are not in
the commons program but have access to it which is the largest group of people in the City
of Mound.
Councilmember Hanus stated he does not have a problem if another Councilmember would
like to be the rep for this commission.
MOUND CITY COUNCIL MINUTES -JANUARY 25~ 2000
Mayor Meisel stated she has a problem with committing to this committee because she is a
private lakeshore owner, but assured the Councilmembers she wouM not be prejudice. More
importantly, Mayor Meisel stated she does not have the time to take on another position on
another committee.
Councilmember Brown stated is aleady the Council Representative to the Planning
Commission and the Economic Development Commission and would not have the time to be
on another Commission.
Ahrens moved and Brown seconded the following resolution:
RESOLUTION//00-15:
RESOLUTION APPOINTING LEAH WEYCKER TO
THE PARK COMMISSION (POSC); BOB BROWN
TO THE PLANNING COMMIgSION; BOB BROWN
TO THE ECONOMIC DEVELOPMENT
COMMISSION (EDC); AND MARK HANUS TO
THE DOCKS AND COMMONS ADVISORY
COMMISSION (DCAC) AS COUNCIL
REPRESENTATIVES FOR THE YEAR 2000.
Motion carried. 4-1, Weycker voting nay.
1.11
CASE g99.-47: VARIANCE REOUEST TO ALLOW ADDITIONS TO AN
EXISTING STRUCTURE THAT WILL RESULT IN NON-CONFORMING
SETBACKS: STEPHEN L. HEWITT. 4949 ISLAND VIEW DRIVE. BLOCK 14,
LOT 3. DEVON. 37870. PID g9 25-117-24-11-0036.
The applicant requested a variances to remodel and add to the existing residence at 4849
Island View Drive. The associated variances are as follows:
Existing/Proposed Required Variance
Front Yard 1.5 feet 20 feet 18.5 feet
Side Yard 2 feet 6 feet 4 feet
Side Yard 3.4 feet 6 feet 2.6 feet
Lot Area 4000 sq. ft. 6000 sq. ft. 2000 sq. ft.
I-Iardcover 2046.72 sq. ft 1600 sq. ft. 46.72 sq. ft.
The proposal will essentially provide a new home for the property using the existing
foundation. The project will turn the home into a two-story house with an attached 2-stall
side entry garage. The existing side setbacks of the house remain essentially the same. The
added garage will require the large front yard variance. Lakeside setbacks as proposed meet
requirements. Hardcover will increase slightly from 49 to 51 percent.
$?
MOUND CITY COUNCIL MINUTES -JANUARY 25t 2000
The lakeside deck is cantilevered and encroaches into the sanitary sewer easement. Staff .
would recommend the plans be modified to eliminate this encroachment.
The driveway is not long enough east/west to accommodate the turning radius of a typical
vehicle. This will result in the sharing of the adjacent driveway to the west. Although the
current owners may be amenable to this now, the situation could change. One way to
accom~te the proposal is would be for both property owners to have an easement on each
others property to accommodate vehicles turning.
The City Planner stated the Public Works Supt. is not supportive of the deck encroachment
into the sewer easement.
The City Planner stated the Planning Commission had lengthy discussions about this case.
He stated the Planning Commission discussed the two-foot setback on the garage, the
structure being so close to the right-of-way, and the neighboring house and sharing of
driveway access.
Staff recommends the City Council approve the variance as requested with the following
conditions:
Grading and drainage plans are approved by the City Engineer prior to building
permit issuance.
A driveway access easement is secured for the property and the adjacent driveway to
the west.
A hold harmless agreement be secured if the lakeside deck is allowed to encroach into
the sanitary sewer easement.
The City Planner stated the Planning Commission did not follow staff recommendation. He
stated they denied the variances because they felt the design of the house could be improved
as well as the house being proposed was too big for this piece of property. There was also
discussions that the hardcover would be slightly increased.
Councilmember Brown stated there was also concern by the Planning Commission that at
some point down the road the neighbors may not appreciate sharing a driveway.
Brown stated in the past the City does not allow structures to be built within sanitary sewer
easements. He stated if this would occur, there could be great problems that could occur in
the future. Secondly, he stated a two-foot variance for a garage was just denied to Mr.
Peterson who lives near Chateau.
Councilmember Hanus stated the conditions are not the same for Mr. Hewitt as they were for
Mr. Peterson.
Councilmember Hanus stated this is a buildable lot but it is extremely small. He stated
neither house nor garage is exorbitant. He stated everything appears to be compressed into
MOUND CITY COUNCIL MINUTES -JANUARY 25~ 2000
this small lot. Councilmember Hanus stated any garage that faces the street on Island View
could have a joint provision between both party owners.
Coun¢ilmember Brown stated another reason for denial by the Planning Commission was
snow removal. He also stated the applicant is rebuilding over 50 percent of his house, so
why does the applicant not need to bring his house up to code with this remodeling project.
The City Planner stated this is a nonconforming structure not a nonconforming use. The City
Planner stated the variance the applicant requested is being asked to recognize in some
respect this is a nonconforming structure and also the variance for the house that is being
rebuilt would be recognized as a nonconforming structure.
Councilmember Brown stated the applicant is basically getting a new house and the
foundation would probably not support the new house. He stated once the applicant begins
the project and observes there is a need for a new foundation, he will be allowed a brand
new house that will not be conforming.
Councilmember Hanus stated he would be willing to work with the applicant to get this
variance accomplished.
The City Planner stated a number of garages on Island View have about a 1 to 2 foot setback
from the right-of-way.
Mayor Meisel stated as she drove down Island View she noticed the whole neighborhood is
built exactly the way the applicant is wanting to rebuild his house. She stated she would
have a hard time declining the variances because of this fact. She further stated that snow
removal by the city plow will probably wreck the applicant's garage.
Councilmember Brown stated why not have the applicant build a single-car garage instead of
a double-car garage. The City Planner stated if it would be a single garage the city code
would require an additional dedicated parking space.
Councilmember Ahrens stated the garage being proposed by the applicant is very small and
can barely fit two cars in the garage at the same time.
Councilmember Weycker asked if the applicant would consider a drive-in garage which could
be tucked under the house.
Councilmember Hanus stated he would approve the applicant's plan rather than a tuck under
garage because of the conditions would be better when backing out of the garage.
Councilmember Brown stated another major concern the Planning Commission had was the
fact this proposal would conflict with the Comprehensive Plan by the City of Mound.
Councilmember Hanus stated the Comprehensive Plan is a general plan and there will be
times certain incidents will not meet up with the Comprehensive Plan, such at today's case.
MC UND CITY COUNCIL MINUTES -JANUARY 25, 2000
Counc.ilmember Weycker
she can see how this hoU:
opposes the deck size
smaller. She stated the
Councilmember Hanus st
if this size deck would b~
would ever need to be ex
be planned for now that,
is a hardship with the pr(
Mayor Meisel stated ther
regard to the easement w
Councilmember Ahrens (
Hewitt stated the propose
to 8 feet to keep off the
Councilmember Brown
for anyone on Island Vie
agreed Island View woul
Councilmember Ahrens
would be about 9 feet.
Steve Hewitt, 4841 Islm
purchased it. He stated
some point because of a
Hewitt stated he is propc
as ways to tuck the gara~
smaller than what he is
size. He further stated
the roadway. He stated
current blacktop, where
foundation wall does not
he would like a deck of
have to be included. He
easement. The applicanl
of property and building
codes. If he would be a
hardship lot. The applic
backing out would cause
stated the applicant's lot is very tight the way it sits. She stated
~ would conform to the neighborhood. She further stated she
with that thought in mind, the house would need to become
~using plans could be improved.
ited he also is against the deck size and situation as well. He stated
: built in its location, there would be major problems if the sewer
mined for whatever reason. Hanus further stated a deck needs to
~tould not affect the easement. Councilmember Hanus stated there
Iperty.
is a hardship with this lot, but she does not have an answer with
tere the deck has been planned.
Luestioned the size of the d~k being proposed by the applicant. Mr.
d deck is 11 feet. He further stated the deck could only be about 7
~wer easement.
ated if we approve these variances, we would be setting precedence
Drive to rebuild their house in such a fashion. The consensus
always be considered on a case-by-case basis.
~sked how high the deck would be built and the applicant stated it
View Drive. He stated he knew it was a difficult lot when he
e was optimistic when he bought the property for rebuilding it at
1995 case that had the exact same circumstances as his plan. Mr.
sing a nice home on the property. He further stated he has looked
;e under the house and he just cannot see making the house any
,roposing. He is very strong-minded about not lessening the house
~e neighbor seems to not have a problem with the garage so close to
[here would be less of an areas with a double garage, than the
[he snow could pile up and cause a problem. He stated if the west
support the house he would put up a new wall. Mr. Hewitt stated
l0 or 11 feet and the cantilever what an extra thing that does not
stated eventually the deck would cause a problem for the sewer
stated he does not foresee anyone buying this small expensive piece
a small house that would have to be built to conform to the City
.lowed these variances, he could build a nice size house on a
ant does not want a tuck under garage because of the nature of
more danger than having a shared driveway.
60
MOUND CITY COUNCIL MINWI'ES -JANUARY 25t 2000
There was discussions regarding the snow removal and the process of the plow turning the.
blade or not. Mayor Meisel stated the plow does not turn its blade and the snow will fall
where it falls.
Councilmember Hanus stated there is an additional variance that would need to be requested
regarding the garage. He stated it was Section. 350.435, subd. 5(a). The garage doors on
this applicant's property would only be 15 feet, wherein the city codes states 20 feet.
Councilmember Hanus stated if a motion does get passed, he would suggest the language to
state: A deck with a minimum depth of 10 feet be provided for in this design and no portion
of the deck can protrude after the northerly easement line. Councilmember Hanus stated a
specific size deck does need to be included tonight, otherwise, there will be problems in the
future when the applicant sells the property and the new owner wants to put a deck on the
house.
Mr. Hewitt stated cutting back on the depth of the house would not be agreeable to him. He
stated he would rather lose a portion of the deck or have the deck completely removed rather
than any part of the house, because the house is already small enough the way it is to date.
He further stated a 7-foot deck would be appropriate to him.
Councilmember Brown restated he will not allow anything built on an easement.
Councilmember Hanus is concerned about the size of a 7-foot deck and if it is useable or
not. The applicant stated he currently has a 7-foot deck and it is useable, but not ideal.
Councilmember Ahrens suggested having the variance state an attached deck could be built
on to the house as long as it would not touch the sewer easement in any fashion.
Councilmembers Hanus and Weycker agreed.
The City Planner stated on page 319 of the packet the grading and drainage plans may need
to be updated on this property. Furthermore, he stated the variance for the driveway access
easement would encompass the entire driveway area between the north property line and both
garage doors and the easement would be used for access purposes only and not for parking.
The City Planner stated Mr. Hewitt and his neighbor would draw up an easement regarding
the driveway easement and it would then be reviewed by the City Attorney. This easement
would be required before the permit is issued and this easement would stay with the property
in perpetuity even if the property owners sell their property.
The Acting City Manager stated we do not have a resolution prepared and it will be
approved at the next meeting.
61
MOUND CITY COUNCIL MINUTES -JANUARY 25, 2000
MOTION by Hanus, seconded by Ahrens, to direct staff to prepare a resolution
for approval with the remodeling at 4849 Island View Drive; that the variances
be granted with the addition of the added variance mentioned tonight regarding
the side lot line as proposed, with the exception of the lakeside decks or deck that
none of the construction is to cross the northerly easement line; that all other
variances listed are approved; and that the conditions in the staff report also be
incorporated into the resolution with the exception of No. 3.
Councilmember Hanus suggested the following findings in support of his motion:
Other garages on Island View are located much like this proposed one; this is an
undersized lot that is reduced by 1/3 by a sewer easement; a very similar situation
was granted in 1995 for this same property; and the house and garage footprint is
minimal in size as compared to other property in this area.
Discussion.
Councilmember Brown stated his reasons for opposing this motion are snow removal
problems, oversized house on this small lot, and the City could possibly be starting a
precedence.
Councilmember Weycker stated this plan is consistent with the neighborhood even
though it seems too big for the lot.
Mayor Meisel stated the Island View area is unique and we as Councilmembers have
to deal with each of these cases separately.
Councilmember Ahrens stated the City does have a responsibility to allow applicants
reasonable use of his/her property.
Motion carried. 4-1, Brown voting nay.
Mayor Meisel stated this resolution will be drafted and presented to Council on February 8, 2000.
1.12
CASE g99-48: VARIANCE REOUE$T TO ALLQW THE CONSTRUCTION OF A
~IN(3LE ]FAMILY DWELLING AND A GARAGE.ON A PROPERTY IN ZONE R-2
WHICH DOES NOT MEET THE AREA REOUIREMENTS FOR THAT ZONE:
STEVE (~QD.DQN 2217 CHATEAU LANE, BLOCK 1, LOT 18, L, p. CREVIER=$
SUBDIVISION OF PART OF LOT 36 LAFAYETTE PARK, 61570/950, PID # 13-117-
24-43-0059.
The applicant requested a variance to build a home on an undersized vacant parcel at 2217 Chateau
Lane. The associated variance is as follows:
MOUND CITY COUNCIL MINUTES -JANUARY 25~ 2000
F~liag/Pro_nosed
Reo_uired Variance
Area 4800 sq. ft.
The property has been vacant for a number of years and recently underwent an ownership transfer.
The current property owner is seeking a variance that would allow this lot to become buildable. A
site plan is provided along with typical house plans for a manufactured home.
Because the property is not used as a residential lot, the code gives it no special privileges to be
used as such. Whatever use the property had for residential purposes has expired, and the code
expects conformity to district lot area requirements before a residential use can be initiated.
Allowing the continued development of vacant undersized lots is not promoted by the
Comprehensive Plan housing policies or the zoning ordinance.
This portion of Chateau has a number of small lots similar to this but are developed. Given the
current conditions of the adjacent housing stock, this lot presents an opportunity for combination
with a redevelopment project. Staff would recommend this approach be taken when the opportunity
arises.
Staff recommends denial of the variance as requested.
Councilmember Brown stated at the Planning Commission meeting on January 10, 2000, the
lapplicant stated he was well aware the property was undersized and not buildable. The City Planner
I~greed with this statement.
Councilmember Weycker asked why the City of Mound did not purchase the property for $1.00
when the opportunity arose. The Acting City Manager stated there was a rifle problem and it was
recommended a bad purchase for the City.
The City Attorney restated there were problems with the title, but furthermore, it was never sent
back to the Planning Commission for consideration and there was staff miscommunication that
occurred.
Councilmember Weycker stated it would be best to convince the applicant to sell it to some other
property owner near this lot in hopes of expanding the neighbor's lot size and get it up to standards,
rather than allowing a house to be built on a piece of property that is currently undersized.
Steve Coddon, 3615 Lyris Avenue, Orono. He presented an overview diagram of the above-
mentioned property. He stated this location is an overdeveloped area that is well established. He
stated he would like to put a home of the same size in the existing neighborhood. He stated he does
not want any variances or setbacks with this property; he would only like to improve the
neighborhood by building a home on this vacant lot. Mr. Coddon stated to his knowledge there has
been other variances granted with the same conditions as his. Mr. Coddon mentioned he submitted
article in the/.xtker stating he was disappointed the Planning Commission denied his variance
uest but allowed other similar variance requests in the past. (Mr. Coddon was going to submit
MOUND CITY COUNCIL MINUTES -JANUARY 25~ 2000
copies of the article to the Councilmembers, but the Councilmembers stated they had already seen
it). Mr. Coddon stated this is a reasonable use of this lot for a single family.
Councilmember Brown asked the applicant why he purchased the lot knowing it was undersized and
not buildable. Mr. Coddon stated he noticed the hardship with the land and felt a variance would be
granted.
Counciimember Brown stated Mr. Coddon cannot compare this vacant lot with the other cases he is
referring to because the other cases are all lot of house record lots and this is a vacant lot.
Mr. Coddon stated there was a house there quite a few years ago that a neighbor that currently lives
here can attest to.
Jim Bedell, 2627 Wilshire Boulevard. Mr. Bedell stated he owns two homes that he rents out in the
neighborhood where the applicant purchased his lot. He stated he is here to speak on Mr.
Coddon's behalf and he is not interested in purchasing the property in question. Mr. Bedell stated
Mr. Coddon's plan to build a single family home on this lot would improve the neighborhood. He
stated the street has not gone under any redevelopment for many years. He stated the whole block
was going to be bought out by Tonka Toys, and previous to that there was a house located on this
lot. He thought this may have been in 1968. He further stated granting Mr. Coddon's request
would conform to the look of the neighborhood. Mr. Bedell stated the City of Mound is about 70
percent nonconforming anyway. He stated the City of Mound should grant Mr. Coddon's request
because of other past variances which have been similar to his case.
Councilmember Brown stated he is strongly against granting variances in general.
Councilmember Hanus stated the only new home in this area that has been built has been with a
combination of two lots making it conforming in size. He stated the other sites mentioned by Mr.
Coddon were larger lots to begin with. Therefore, they had more room to work and were
conforming. Councilmember Hanus further stated
this lot is a smaller lot to begin with. He stated the garage would have to be established on the side
or rear of this lot.
Mr. Coddon stated he is willing to put the garage wherever the City would propose him to. He
does not want any other variance granted, except having the right to build on this undersized vacant
lot.
Councilmember Hanus asked the applicant if this would be a one-story house and the applicant
stated it would be two-story if needed.
Mr. Bedell is confused with regard to allowing redevelopment on Island View on an existing lot
where the property is nonconforming and small, but here you have a lot that is vacant and will
propose new development for the good of the neighborhood.
MOUND CITY COUNCIL MINLFrES -JANUARY 25t 2000
FnUncilmember Brown stated this does not have lOt Of recm:d because it is a vacant lot which was
conforming when the applicant bought it. He further stated because the lot is currently
nconforming and vacant, the codes regarding lot of record do not apply.
Peter Meyer, 5748 Sunset Road. Mr. Meyer stated denying the applicant's variance would be
social injustice. He stated in all fairness, this house he is proposing meets all setbacks, but
unfortunately it is sized too small. He stated this house would be a nice house for the community
and there is a need for reasonably priced housing in the City of Mound. He does not understand the
resistance.
The City Attorney stated the Councilmembers need to understand the equal protection act the
applicant is referring to. He stated this act is applied on a case by case basis. He stated the equal
protection claim is not applicable in this case. Mr. Coddon knew the limitations of the property
when he purchased it so he does not feel the applicant has a valid claim.
Councilmember Brown stated the vacant property is not currently used a residential lot and the code
does not allow it to be used such. He stated allowing a vacant undersized lot as a residential lot is
not promoted by the Comprehensive Plan.
Councilmember Weycker asked if this area will have any rezoning in the near future because of the
Comprehensive Plan. The City Planner stated this area is a medium density area in the
Comprehensive Plan. The Plan suggests that over time this area may be considered for higher
MOTION by Brown, to accept the resolution denying the applicant's variance according
to staff and Planning Commission's recommendations.
There was discussion with the City Planner, Councilmember Hanus and the applicant
regarding an attached or detached garage being considered for this lot. The City
Planner stated the attached garage would have to meet the front yard setbacks and the
applicant is willing to comply. Councilmember Hanus stated if the garage is detached
it would have to be placed on the side or the rear of the house and the applicant
would also comply with this as well. It was decided a variance would be required to
allow the garage.
Councilmember Hanus stated the address in the resolution needs to be changed
appropriately.
Councilmember Brown's motion died for lack of a second.
Councilmember Weycker stated the issues being discussed now appear to be the same as
discussed with Mr. Hewitt's case from tonight's meeting; although, they are different
because Island View development will not be zoned differently in the future whereas this
vacant property, as well as others in this area, may be zoned as higher density in the near
future.
MOUND CITY COUNCIL MINUTES -JANUARY 25~ 2,000
Mayor Meisel stated, and Councilmember Brown agreed, the problem with this lot is that it
is currently vacant and undersized.
Councilmember Brown stated if we allow this variance, we would be starting a precedent.
He stated there are a lot of lots in the City of Mound that are undersized and vacant.
Councilmember Weycker stated one case comes to mind regarding the wetland issue on
Three Points. The Acting City Manager stated these were/~ndersized lots but it is a whole
different situation because they are located on wetlands.
Brown moved and Ahrens seconded the following resolution:
RESOLUTION lq)0-16:
Discussion.
RESOLUTION TO DENY A LOT AREA VARIANCE
TO BUII.D A HOME ON A VACANT LOT AT 2217
ISLAND VIEW DRIVE, LOT 18, BLOCK 1, L.P.
CREVIER'S SUBDIVISION OF LOT 36,
LAFAYETTE PARK, PID # 13-117-24 43 0059, P &
Z CASE//99-48.
The City Planner stated the variance should be 1,200 square feet on the resolution.
Councilmember Hanus stated when people walk into a situation they know is a tricky
one, he would like to encourage them to talk to the City before moving forward.
Councilmember Weycker stated she had information to believe if lots are
nonconforming this will make it more difficult for insurance coverage.
Councilmember Hanus agreed with this statement. Councilmember Weycker stated
knowing this information, maybe we are setting this property up for a bad insurance
situation if it would be approved.
Motion carried. 4-1, Weycker voting nay.
1.13 EXECUTIVE SESSION: PENDING LITIGATION,
The City Attorney stated the purpose of tonight's Executive Session is to discuss
attorney/client matters between legal counsel and the City Council which are not public
information at this point in time.
The meeting was recessed at 9:50 p.m.
The City Council resumed its meeting at 10:35 p.m.
MOUND CITY COUNCIL, MINU~ -$ANUARY 25t 2000
The City Attorney stated the City Council met in executive session with legal counsel
regarding a bill that the City received from the Westonka School District bill concerning the
old community center and received some legal advice and a status report.
INFORMATION/MIgCELLANEOUS.
A. October, November and December monthly report from Len Harrell, Police Chief.
B. Thank you note from Bob Shanley.
Notice to the Save the Lake Recognition Banquet from the LMCD. Date: 2/10/00;
Place: Lord Fletcher's on the Lake; Time: 6:00 p.m. Please RSVP to LMCD by
2/3/00.
D. Association of Metropolitan Municipalities News.
E. POSC minutes from January 13, 2000.
Letter that was presented to the Docks and Commons Commission at their meeting on
January 20, 2000, by Ann Hiltsley regarding Pembroke Park Multiple Dock.
G. LMCD agenda for January 26, 2000 for 7:00 p.m.
Findings of Fact, Conclusions of Law and Order and Memorandum to initiate
consolidation proceedings for the cities of St. Bonifacius and Minnetrista pursuant to
Minnesota Statutes 414.
Councilmember Brown stated he was asked by the Planning Commission when a new City
Manager comes on board would each member receives his/her certificate. Mayor Meisel
stated when the City Manager has been hired, there will be a get together and the certificates
will be distributed.
Mayor Meisel stated the Mercer Group will be meeting with City Council at City Hall on
January 31, 2000, at 6:30 p.m. She stated there are approximately 12-15 applications to be
reviewed.
MOTION by Brown, seconded by Weycker, to adjourn the meeting at 10:45 p.m.
The vote was unanimously in favor. Motion carried. 5-0.
Francene C. Clark, Acting City Manager
MOUND CITY COUNCIL MINUTES -~ANUARY 25, 2000
THIS PAGE LEFT BBLANK INTENTIONALLY.
PAYMENT BILLS
DATE: JANUARY 25, 2000
BILLS ACCOUNTS PAYABLE
TOTAL BILLS
BATCH #
#9122
#9124
#9125
$325,358,61
AMOUNT
$ 81,137.61
$121,161.42
$120,059.58