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3/27/61 <br />MINUTES OF THE REGULAR MEETING OF THE EDINA <br />VILLAGE COUNCIL, HELD MONDAY, MARCH 27, 1961 <br />AT 7 :00 P.M. AT THE EDINA VILLAGE HALL <br />Members answering Rollcall were Beim, Dickson, Tupa and VanValkenburg. Mayor <br />Pro Tem Dickson presided in Mayor Bredesen's absence. <br />MINUTES of the Regular Meeting of March 13, 1961, were approved as submitted, <br />by motion Tupa, seconded by VanValkenburg and carried. <br />PUBLIC HEARINGS ON CALVIN KATTER REQUESTS FOR SPECIAL PERMIT FOR CONSTRUCTION OF <br />THREE DOUBLE DWELLINGS AT 5709, 5713 AND 5717 FRANCE AVENUE (LOTS 11,12,13,14, <br />BLOCK 4, BROOKLINE FIRST ADDN.): AND FOR SIDE -YARD VARIANCES FOR THE ABOVE THREE <br />DWELLINGS. Planning Director Hite presented a sketch showing the proposed location <br />of the three doubles for which permits are requested; it being proposed to locate <br />the northernmost dwelling 7.6 feet from the north lot line; the southernmost <br />building 7.6 feet from the.south lot line, with ten -foot side yards on the <br />interior of each of these lots, and two ten -foot side yards on the interior <br />lot. This is a variance from the zoning requirements, which requires ten - <br />foot side yards from the northern and southern lot lines of the two exterior <br />lots, 15 -foot side yards on the interior line of these two lots, and a fifteen - <br />foot side yard on the north line of the interior lot. Mr. Hite told Council <br />that these four lots have been a water sump for many years; that as a condition <br />of his replat into three lots Mr. Katter is being required to install a storm <br />sewer to drain a considerable area; that the Planning Commission has recommended <br />the Council's granting of both Mr. Ratter's requests. He told Council that both <br />5701 and 5725 France Avenue occupy two lots, which means that there is more <br />[� space between buildings than there ordinarily would be. Mr. L.B. Osbourne, 5701 <br />France, contradicted Mr. Hite's statement concerning his property, telling <br />Council there are no buildings on his second lot; that he objects to both <br />requests. Mr. Farnsworth, 5700 Ewing Ave., objected to having three buildings; <br />said he understood there would be only two. Mr. Katter told Council he feels <br />that the neighbors would be happier with three $40,000 to $50,000 buildings than <br />with four $18,000 to $20,000 single dwellings; that he must carry the water load <br />for an entire section across his lots from Ewing to France Avenue, and cannot do <br />so if the property is left in four lots; that the storm sewer determines both <br />the type and level of the lots, and the type of buildings. Mr. Hite reported <br />he has one written objection; that of Mr. R. B. Scott, 5716 France Avenue. He <br />also told Council that one of the reasons for the Planning Commission's favorable <br />recommendation is that the property has been an unsightly hole for some years, a <br />hazard to neighborhood children. Mrs. D.'M. McNeil, 4001 Wood End Drive, and <br />Mr. Farnsworth, both told Council that they had no objection to the hole's <br />remaining, that in fact they rather enjoyed it, and preferred it to double <br />dwellings. Mr. Osbourne asked that Council insist on proper side yard setbacks. <br />Mayor Pro Tem Dickson suggested that the Hearing be continued to next regular <br />meeting, so that neighbors could meet with Mr. Katter and try to resolve their <br />difficulties. Beim so moved, motion seconded by Tupa and carried. <br />PUBLIC HEARINGS ON PROPOSED CONSTRUCTION OF SANITARY LATERAL SEWER IN CODE AVENUE <br />FROM W.60TH STREET TO 503.64 FT. NORTH: AND WATERMAIN EXTENSION IN CODE AVENUE <br />FROM W.60TH ST. TO BENTON AVE. Affidavit of Publication of "Notice of Hearing ", <br />in Edina - Morningside Courier on March 16 and 23, 1961, was presented, approved as <br />to form and ordered placed on file, as was affidavit of Mailing to affected <br />property owners. Pursuant to said Notice, Public Hearings were conducted, and <br />action taken as follows: Manager Hyde read the costs of the proposed <br />improvements, as follows: <br />SANITARY SEWER - Total Estimated Cost, $5,141.38; Cost per Lot, $1,285.35. <br />WATERMAIN - Total Estimated Cost, $6,326.32; Cost per Lot, $1,581.58 <br />He told Council, first, that these are extraordinarily high costs, because only <br />one side of the street can be assessed; then explained that these Hearings had <br />been initiated on the Council's own motion because the Village is anxious to get <br />Code Avenue surfaced to save high maintenance costs, and does not want to surface <br />until underground utilities are in. Manager Hyde recommended to Council that, in <br />the interests of getting the street surfaced and thus effecting continuous high <br />maintenance costs savings, the Council order in the improvements on the basis of <br />an assessment for one -half the sewer and water - -which would bring the costs to <br />property owners to about the average cost of such improvements elsewhere in the <br />village. Mr. Glenn Carlson, 5908 Code, told Council he cannot see how the Code <br />Avenue residents can justifiably be assessed an amount in excess of what owners <br />in the area pay for the same services; that the property across Code Avenue was <br />platted after the property now under consideration for assessment, to face cross - <br />streets, rather than Code; that it is no fault of his and his neighbors that this <br />abutting property cannot be assessedt... Mayor Pro Tem Dickson, stating that the <br />Council feels this to be an unusual and different situation which does not follow <br />.the Council's precedent on previous assessment charges, and that it is unfair to <br />these property owners to charge double because of a situation which is no fault <br />f <br />