Loading...
1977-02-22 32 \~ MINUTES OF THE COUNCIL MEETING OF FEBRUARY 22, 1977 at 7:30 P.M. AT THE MOUND COUNCIL CHAMBERS Present were: Mayor Tim Lovaasen; Councilmen Gord.o.n Swenson, Ben Withhart, Orval Fenstad and Robert Polston; Attorney Curt Pearson; ahd City Manager Leonard Kopp. MINUTES _ The minutes of the meeting of February ~',8, 1977 ~exe Ep-r~~nted.fczr~ co.nsiderati.on Swenson moved a.nd Fenstad. seconded a motion to accept the minutes of the Feb. 8, 1977 meeting as presented. The vote was unanimously in favor, so carried and. accepted. The minutes of the February 15, 1977 meeting were tabled. until the meeting of March 8, 1977 by motion of Polston and. seconded of Swenson. The vote was unanimously in favor. COMMENDING ALAN K. GREENE Swenson moved, and Withhart seconded a motion RESOLUTION 77-96 RESOLUTION COMMENDING ALAN K. GREENE For his services as chairman of the Park :- - - - ~d The vote was unanimously in favor Commission COMMENDING TOBY KRAUSE Fenstad moved and Swenson seconded a motion RESOLUTION 77-97 RESOLUTION COMMENDING JAMES "TOBY" KRAUSE for his 25 years in the Public Works Dept. of the City of Mound The vote was unanimously in favor PLANNING COMMISSION MINUTES Item 1 Thomas Shanley Lots 18 a.nd 19, Block 2, Shuirley Hills Unit F Request use of trailer for outside storage Fenstad moved a.nd Withhart seco.nd.ed a motion RESOLUTION 77-98 RESOLUTION CONCURRING WITH THE PLANNING COMMISSION AND ALLOWING USE OF TRAILER FOR STORAGE UNTIL AUGUST 26, 1977 -Lots 18 & 19, Block 2, Shirley Hills Unit F The vote was unanimously in favor WELL NUMBER SIX Polston moved. and Fenstad seconded a motion RESOLUTION 77-99 RESOLUTION REQUESTING MORE DETAILED INFORMATION ON CHANGE ORDER #2 FOR WELL #6 The vote was unanimously in favor .4.:....1.1~1L«~ .~u~uYiauWi~~tiY~i ,ui 33 LONG WATER AND SEWER SERVICES The engineer and the Public Works Director recommended: a 1o.ng water service be allowed. for Lots 5, 6 and. 7, Block 11, Whipple. Polston moved and Swenson seconded a motion RESOLUTION 77-100 The vote was unanimously in favor RESOLUTION APPROVING WATER AND SEWER SERVICE TO LOTS 5, 6, and 7, BLOCK 11, WHIPPLE -Public Works Director to inspect the installations. POLICE CHIEF CHUCK JOHNSON Fenstad moved and Swenson seconded. a motion RESOLUTION 77 -101 RESOLUTION ESTABLISHING WAGES AND WORKING CONDITIONS FOR POLICE CHIEF The vote was unanimously in favor. ._ . The Mayor administered. the oath of office to Charles Johnson,, the' xiew Cb~ief of Police and after a round of congratulations and app~a.use and chief spoke briefly and introduced his wife and. aunt and uncle. BEACHSIDE DEVELOPERS Eaaz1 Nelson, ~Iern Viet a.nd Thomas Betz were present with the revised plans for the preposed complex. on Lost Lake. They changed the road plan and. the access onto Bartlett Blvd. as well as increasing the size of the 'tot lot'. They were requesting conceptual approval of the plans.- No action was taken. COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT Richard Gallagher -ask for release of tax. forfeit lot adjacent to his property. The attorney will prepare the necessary papers. LICENSES TAXI CAB LICENSES Lovaasen moved and Polston seconded a motion RESOLUTION 77-102 RESOLUTION GRANTING TAXI CAB LICENSE TO TOWN TAXI COMPANY CONDITIONALLY Meeti insurance requirements - 3 cabs The vote was unanimously in favor CIGARETTE LICENSES Withhart moved. and. Swenson seconded a motion RESOLUTION 77-103 RESOLUTION GRANTING CIGARETTES TO: Gas Hut, Inc Grimmn's Store Supe name rica Viking Pioneer I.nc: LICENSES TO SELL 1~Yletro '500' Lnc. R. J. Martin & So.n Stage I Cafe Tonka Toys The vote was unanimously in favor 34 GARBAGE AND REFUSE COLLECTORS LICENSES Fenstad moved. and Swenson seconded a motion RESOLUTION 77-104 RESOLUTION GRANTING LICENSES TO GARBAGE AND REFUSE COLLECTORS Blackowiak & Son 3 trucks Depe.nd.able Services 1 truck Woodlake Sanitary Service 1 truck The vote was unanimously in favor 5047 EDGEWATER DRIVE VARIANCE DENIAL Fenstad moved a.nd Withhart seconded a motion RESOLUTION 77-105 RESOLUTION DENYING APPLICATION FOR A REAR YARD VARIANCE AND FOR AN UNDERSIZED HOUSE FOR PROPERTY AT 5047 EDGEWATER =': S~st 1 / 2 of Lots 17 & 18, Skarp & Lindquist Glen Arbor The vote was unanimously in favor VARIANCE DENIAL SHIRLEY HILLS UNIT C Swenson moved. and Withhart seconded a motion RESOLUTION 77-106 RESOLUTION DENYING AN APPLICATION FOR SIDE YARD AND FRONT YARD SET BACKS ON PART OF .LOT 1, BLOCK 1, SHIRLEY HILLS UNIT C. The vote was pols~torL,n~y andd~alhx~thers aye, so resolved. TAX FORFEIT LAND Lots 7, 8 and 9, Block 25, Devon are under water. 5wenso.n moved and Lovaasen seconded a motion RESOLUTION 77-107 RESOLUTION AUTHORIZING AND DIRECTIi~O APPLICATION FOR CHANGE OF USE FOR LOTS 7, 8, and. 9, Block 25, Devon HELD ON TAX FORFEIT DEED FROM PARK TO WET LANDS The vote was unanimously in favor TUXEDO BLVD. EASEMENTS Swenson moved. and Fenstad. seconded a motion RESOLUTION 77-108 RESOLUTION AUTHORIZING AND DIRECTING APPLICATION FOR CONVEYANCE FROM "' I THE STATE FOR LOTS 18 & 19, BsLOCI~ 7 8a LOTS 17 & 18, BLOCK 14, PEMBROKE FOR STREET PURPOSES. The vote was unanimously in favor BILLS A list of bills totaling $8, 693.40 was presented for consideration. Swenson moved a.nd Polsto.n seconded a motion to pay these bills where funds are available. The roll call vote was u.na.nimously in favor. ~' 35 RESOLUTION N0. 77-105 RESOLUTION DENYING APPLICATION FOR A REAR YARD VARIANCE AND FOR AN UNDERSIZED HOUSE FOR PROPERTY AT 5047 EDGEWATER DRIVE - East 1~2 of Lots 17 and 18, Skarp and Lindquist Glen Arbor WHEREAS, Chapter 462 of the Minnesota Statutes authorizes the City Council, with the aid and assistance of the City Planning Commission, to carry out municipal planning activities which guide development and improvement of our community, and WHEREAS, Crawford, Inc. represented by Warren Anderson and Richard Haefele, attorney at law, appeared on behalf of the purchaser and the seller of property at 5047 Edgewater Drive and re- quested a rear yard variance and a variance for an undersized house, and WHEREAS, the application was considered by the riound Planning Commission on January 27, 1977, and the Planning Commission unanimously recommended that a building permit be granted provided that all setbacks be met and that the existing structure be brought up to code. and WHEREAS, the present structure located on the property at 5047 Edgewater Drive does not meet the rear yard requirements and is undersized under the Mound code of ordinances, and further that said home was constructed many, many years ago, probably as a summer home or cabin, and has not been upgraded to meet the current zoning and building codes, and WHEREAS, a non-conforming use may continue to exist under Section 23.20, of the Mound Code of Ordinances, and under Section 23.20 Subd. a, "such use may be extended through the building provided no struc- tural alterations are made therein other than those required by law or ordinance, or as may be necessary to establish conformity", and WHEREAS, this Council is making a strenuous effort to get non-conforming uses to conform to existing building codes and zoning ordinances in an effort to upgrade the community and to prevent blight, and WHEREAS, variances may be grranted if there are special circumstances or conditions affecting the property so that the strict a~~lication of the provisions of the city's zcning and building codes would deprive the applicant of the reasonable use of his land and that the use is necessary for the preservation and enjoyment of a substantial property right, and further that the variance will not be detrimental to the public welfare or injurious to other property in the neighborhood, and WHEREAS, this matter was presented to the City Council by the applicants on February 8, 1977, and there was no showing that this property is unioue or tl-,at there are special circumstances relating to the property, but rather the evidence appears to indicate that this is a very marginal dwelling which needs major repairs and that it is in the best interests of the community to have the structure upgraded to meet all ordinances and that otherwise the structure should be torn down and the land could be used for any authorized use under the zoning ordinances, ell of which would prevent blight and prevent an adverse affect on the neighborhood, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TEE CITY OF MOUND, MIAZr'ESOTA 1. The application for variances for property at 5047 Edgewater Drive is hereby denied for the aforestated reasons. 2. This~Council concurs with the Planning Commission that a building permit for this non-conforming use property be granted, provided that all set back and side yard require- ments be met and that the existing structure be brought in compliance with the existing building and zoning ordinances. 36 RESOLUTION N0. 77-106 RESOLUTION DENYING AN APPLICATION FOR SIDE YARD AND FRONT YARD SET BACKS DN PART OF LOT 1, BLOCK 1, SHIRLFY HILLS UNIT C WHEREAS, Chapter 462 of the Minnesota Statutes authorizes the City Council with the aid and assistance of the City Planning Com- mission to carry out municipal planking activities which guide development and improvement of our community, and WHEREAS, Sections 23.31, 23.32 and 23.34 of the City Code relate to lot area requirements and side and front yard requirements and es- tablish standards for the city in the Residential A-1 District, and WHEREAS, Jessie M. Jacobson owned property on part of Lot 1, Block 1, Shirley Hills Unit C, abutting County Road No. 125 and in 1965 had a survey prepared showing a division of the property, and said survey was submitted to the Mound Planning Commission for their consideration and the records are incomplete as to any official action by the Planning Commission, but a letter has been introduced indicating that the Planning Commission looked at the survey and did not take any action but recommended that if a division were to take place, "we would like to recommend that consideration be given to the potential placement of another residence which will conform with the side yard and front set back requirements. Lakeshore is considered to have two fronts ", and WHEREAS, the property owner did nothing about pursuing this matter with the Planning Commission and did r.ot return to the City for any further action, but in effect in 1969 divided the property con- trary to Chapter 22 of the Mound Code of Ordinances and Section 462.35e of the Minnesota Statutes, and as a result of said con- veyance did create an undersized lot for that land which she retained, and ~H~,REAS, certain officers of Hennepin County accepted this conveyance for recording and other officers divided the taxes on this parcel and did in effect create two parcels contrary to both state and city law, and ';JHFREAS, in 1975 the property owner applied for a variance for the land which she had kept as a residue and which did not have a struc- ture because said parcel, now being Plat 62030, Parcel 1020, has an area of 8048.7 feet which is 1951.3 feet short of the required 10,000 square feet for a residential A-1 zone, and WHEREAS, the Mound Council did on August 12, 1975, erroneously approve a variance which w"~s immediately rescinded on August 26, 175, when it was called to their attention that the property had been created contrary to city and state law, and '~~-IFREAS, the applicant r.ow has obtained an option for certain lands lying south and easterly of their property and the land which they propose to acquire to meet the scuare footage recuirement is a long, narrow piece of property abutting Lake Minnetonka and that the addition of this land satisfies the square footage recuirement for the use district but in effect is not helpful because the addition Of the land does not improve or add to the area on which a building can be constructed in compliance with the city zoning Code, 8rid S, this matter was presented to the Aiound Planning Commission on January 27, 1977, and, the Planning Commission recommended to this Council that the reeuest for variances be denied because it would i ~~ 37 allow for the construction of a structure which would be out of line with and inconsistent with other lands adjacent to this prop- erty and further found that the .request for a front yard setback 25 feet from a busy county ~'i"ghway and a lake front setback of 25 feet from Lake Minnetonka are inconsistent with the efforts of the community to guide and plan development, and WHF~REAS, the applicant appeared before the City Council on February 8, 1977, and after considering all of the facts the City Council determined that they follow the recommendations of the Planning Commission, NOW, THEREFORE, BE IT RESOLVED BY T'rIE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: 1. The application of Jessie M. Jacobson for front and side yard variances for part of Lot 1, Block 1, Shirley Hills IInit C, is hereby denied based on the following findings: a. The petitioner has in effect created her own hardship by ille- gally dividing her property into two units without the approval of the Planning Commission or City Council of the City of Mound and contrary to the subdivision requirements of the City and State. b. The applicant has made a good faith effort to acquire additional land to comply with the minimum square footage requirements of the zoning ordinance, but the land which they propose to acquire does not add to or improve the ability of the applicants to erect a structure on said property without the necessity for numerous variances. c. The applicant's request for a variance for the front yard set- back from County Road No. 125 would place the structure too close to a heavily traveled highway in an area where traffic will be exiting from a bridge and w},ere there are other safety problems. It also would require an unusual front yard to allow for a turnaround so that vehicular traffic from the building would be entering in a forward direction rather than backing onto a major county highway. It is a finding of this Council that such a front yard setback would create a safety problem for the motoring traffic as well as the persons who would reside in any structure on the property. d. The applicant has requested a side yard setback of ten feet, and it is the concensus of opinion by this Council that such a vari- ance might be g~~ nted without doing offense to the intent of the zoning code. e. The applicant requests a lake front setback of 25 feet, which is contrary to the zoning ordinance of the City of Mound, does not conform with the Lake Conservation District requirements, and probably violates the Minnehaha Watershed regulations. The applicant indicates that they do not have approval of these public bodies because those bodies are desirous of hearing from the City of Mound prior to making a decision. It is a finding of this Council trat construction of a home 25 feet from the lake and substantially in front of properties located to the north and west is not in the public interest and would have an adverse affect on adjacent properties and on the neighborhood. f. It is a finding of this Council that based on the fact situation set forth in the Whereas provisions of this resolution, the applicant's dilemma was created by her own failure to comply with city and state law. 2. It is a further finding of this Council that the petition for variances should be denied because the granting of the variances would have an adverse and detrimental effect on the health, safe-" ty, and general welfare of the City and would be in direct viola- tion of health and safety provisions provided by the zoning ordin- ances of the City. 38 WATER BILLS -Councilman Polston Want the Water Study to include: Number of stuck water meters Number of customers being sent estimated bills Number of customers without water meters Number of outside readers He also included an independent study~of customers bills and one from our largest consumer and found the spread in price was from 60~ per thousand to 15.3 per thousand for the largest consumer. He requested this also b~e included in the study. - ,~ , . -- DISCUSSED: Dutch Elm Disease Multiple Dwelling Liquor Legislation, on used containers Fiscal Study - Brookyn Park Assn of Metro Municipalities -vacant position (The Mayor wilt apply) Public Works Commission establishment -March 15th agenda Swenson moved and Polston seconded a motion to adjourn until Wednesday, February 23, 1977 at ?:30 P.M. The vote was unanimously in favor, so carried and adjourned. Barbara Heyman, Ci~y Clerk Attest: - eonard L. Kopp, Cit anager