HomeMy WebLinkAbout19740926_specialMINUTES OF THE SPECIAL MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL ON THURSDAY,
SEPTEMBER 26, 1974
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Members present were Councilmen Courtney , Johnson, Shaw and Mayor Van Valkenburg .
ROBERT DE BREY VARIANCE REQUEST GRANTED FOR 4502 BROWNDALE AVE.
kenberg recalled that the appeal of Mr. and Mrs. Robert 6. Gisselbeclc to the
Mayor Van Val-
Board of Appeals and Adjustments decision granting a variance to Mr. and Mrs.
Robert De brey had been continued to this meeting from September 16, 1974, so
that the City Attorney could render an opinion on the questions of what constitutes
"undue hardshipEf and "unique circumstancesn with respect to the De brey variance
petition; and specifically, whether expenses incurred- in reliance on a
building permit issued to Mr. De brey, or the mental anxiety and stress of the
De breys, may constitute the requisite "hardship" necessary to granting a var-
iance. Mayor Van Valkenburg said that Mr. Ericlcson has now furnished that opin-
ion and recommended that the opinion be considered a privileged communication.
Council reviewed the second set of plans which the De breys had brought in to '
the Building Department when they requested their permit,
ined by Mr, Vayne Michael of the Building Department, who said that he had not
realized that there was any intention of changing the use from the greenhouse.
He said that he did not recall having seen the oveklay which was exhibited.
De brey said that he did not recall specifically telling Mr. Michael of the
changed use for the addition and did not realize that any variance would be re-
quired at the time he started construction. Councilman Johnson read from the
original Building Permit application for a kitchen, porch and unfinished green-
house on which Mrs. De brey had signed a statement saying that the statements
made therein were true and that all work would be done in accordance with the
ordinances.of the Village of Edina.' Councilman Courtney said that he believed
that the City is responsible for the De breys going ahead with their project.
He said that because of the work stoppage, because of the money expended, because
of the personal hardship in having their house open in part to the elements,
because he would probably have made the same mistake under the same circumstances
and because he believed that this is an "undue hardship", in a large part due to
the City, he moved that the appeal of Mr. Robert G. Gisselbeck be denied and
that the variance of Mr. and Mrs. De brey be granted. Councilman Johnson said
that he believed that the De breys were negligent in not getting an estimate of
additional heat needed before obtaining the building permit and that if they had
done this, the problem would never have risen.
that they proceeded in good faith, not realizing that-a variance would be
required. Councilman Johnson said that he believed that the City has a moral
responsibility and that he was concerned about the financial loss of the De breys.
Councilman Shaw said that, while he believed that it was a self-created hardship
because "ignorance of the law is no excuse", he thought that the
"unique to the propertye' because of the location of the garage and because of the
age of the area in general and the older construction which did not contemplate
double garages or possible expansion, that the financial loss is certainly a
hardsh'ip, and that the addition will not be detrimental to the neighborhood.
then seconded Councilman Courtneyfs motion with the findings that the De breys
acted in good faith without actual knowledge of the applicable zoning require-
ments, that the financial loss that they incurred in reliance of the permit is an
undue hardship, that the hardship is because of circumstances unique to the pro-
perty, and that the granting of the variance will not be detrimental to the
neighborhood, the general welfare and in keeping with the general spirit and
intent of the ordinance. Mr. Greg Gustafson, attorney for the Gisselbecks,
said that his clients will suffer a financial hardship from the addition to the
De brey's house and asked if the Council would entertain a motion €0 reimburse
the Gisselbecks for the loss that they will incur. No action was taken by the
Council. Mr. Gustafson further stated that the Gisselbecks would not object to
an appropriate compromise and have indicated that they will withdraw their
objection if the De breys go back to the original idea of a greenhouse. . man Courtney said that Council has no proof that the pmoposed addition to the
De brey's house would actually lessen the value of the Gisselbeck's property.
Mr. Messerli, attorney for the De Breys, pointed out thatfhey had delivered to
the Council a formal appraisal which evidenced no decrease in value of adjoin-
ing properties.
on both sides as to the affect that the, addition wo;ld have on the value of the
Gisselbeck's property and that the neighbors had made no objection to the addi-
tion until they were called by the Gisselbecks. Councilman Johnson pointed out
that Council had no real information that the De breys had actually expended
$12,000, but acknowledged that they had certainly spent a "substantial sum of
money".
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The plans were exam-
Mr.
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He said that he is satisfied I
situation is
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Council-
Councilman Courtney recalled that Council has heard opinions
Discussion was held on the subject of landscaping on the North side'of
Councilman Courtney then added to his motion, which addition was 'the addition.
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approved and seconded by Councilman Shaw, that the variance be granted, subject
to the condition that plantings and landscaping as directed and approved by the
Planning Department be incorporated in the constructions plans.
there were three ayes, with Nayolt.Van Valkenburg abstaining from voting and the
motion carried.
to see a copy of Mr. Erickson's opinion, Mayor Van Valkenburg recalled that at
the beginning of .the meeting he had recommended that this opinion be considererd
a privileged communication between attorney and client and that there has been
no-motion to overrule him in the matter. Mr; Gustafson said that he has been-
instructed to consider an appeal to Council's dhcision and that the opinion
might show that any appeal is futile.
privilege would save the Gisselbeck's from-paying for researching the question
all over again.
ege be waived.
On rollcall
In reply to a question of Eir. Gustafson that he be permitted
.
He also said that the waiver of the I- .
No action was taken on Mr. Gustafson's request that the privil-
1975 BUDGET ADOPTED.
ember 19, discussion was held regarding the proposed 1975 Budget which had been
revised to reflect an estimated property tax levy of 6.95 mils, compared to a
1974 levy of 6.29 mils,
$324,277.622, which valuation called for an increase of taxes of!$288,030 02
14.65%. Nr. Dalen pointed out that Revenue Sharing Funds would be used for
salaries for Public Safety employees.
following resoiution and moved its adoption:
At the Budget Meeting of September 26 adjourned from Sept-
The proposed budget reflected assessed valuation of
Councilman Courtney thereupon offered the
RESOLUTION ADOPTIXG BUDGET FOR THE CITY OF EDINA
FOR THE YEAR 1975, AND ESTABLISHING TAX LEVY FOR THE
YEAR 1974 PAYABLE IN 1975
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, DOES RESOLYE AS FOLLOb7S:
hereby adopted as hereinafter set forth; and.funds are hereby appropriated
therefor:
GENERAL FUND
Section 1. The Budget for the City of Edina for the calendar year 1974 is
GENERAL GOVERNMENT
Mayor and Council . $ 21,730
Planning 44,962
Administration 138 , 783
Finance ,132,516
Elect ion 7,915
As s es sing 100,946
Legal and Court Services 68,030
TOTAL GENERAL GOVERNMENT $, 514,882
PUBLIC WORKS
Administ ration $ 37,913
Engineering 180,721
Highways . I .i 997 761
PROTECTION OF PERSONS AND PROPERTY
Police $1,080,587
,Fire 488,086
Civilian Defense 4,831
Public Health 50,804
Animal Control 17 , 420
Inspection 85,428
TOTAL PUBLIC WORKS. 1,216,395
TOTAL PROTECTION OF
PERSONS AND PROPERTY 1,727,156
NON-DEPARTMENTAL EXPENDITURES
Contingencies " $ '85,000
Settlement of Suits 500
Special Assessments on City Property 60,000
Capital Improvements ' 50,000
Human Rights Commission 12,332
Unallocated Capital Outlay 5,000
TOTAL MISCELLANEOUS
AND CONTINGENCIES 212,832
PARK FUND
Administration
TOTAL GENERAL FUND $3 67 1,265
S 155,136
J
Recreation 85; 195
Maintenance 209,440
Capital Outlay 15,000
TOTAL PARK FUND . $ 464,771
Section 2. Estimated Receipts other than General Tax Levy are hereby est-
ablished as hereinafter set forth:
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GENERAL FUND
Transfer - Revenue Sharing Fund
Licenses and Permits
Municipal Court Fines
Department Service Charges
Other
Transfer from Liquor Fund
State Apportionments - Sales Tax
Income on Investments
TOTAL GENERAL FUND
PARK FUND
Registration Fees
Other
Transfer from General Fund
Transfer from General Fund
PARK CONSTRUCTION FUND
$ 125,,000
156 , 500
160 , 000
157 600
151,090
5,000
843,136
50,000
$1 , 648 , 326
$ 27,000
200
240,000 267 , 200
80 000
TOTAL ESTIMATED RECEIPTS $1,995,526
That there be and hereby is levied upon all taxable real and Section 3.
personal property in the City of Edina, a tax rate sufficient to produce the
amounts hereinafter set forth:
For General Fund $2,022 , 9 39
For Park Fund 197,571
For Firemen's Relief 5,000
For Fire Protection 15 , 500
For Bonds and Interest 13,000
$2 254,O 10
Motion for adoption of the resolution was seconded by Councilman Johnson and on
rollcall there were four ayes and no nays and the resolution was adopted.
No further business appearing, Corincilman Johnson's motion for adjournment was
seconded by Councilman Shaw and carried.
YL- City Clerk. x2LJuLA,