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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