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MINUTES OF THE MEETING OF THE CANVASSING BOARD
FOR THE CITY OF EDINA ELECTION
HELD TUESDAY, NOVEMBER 6, 1984
The meeting convened on Thursday, November 8, 1984, at 4:00 p.m, at the Edina
City Hall. Findings of the appointed Canvassing Board were inspected and compared
with the returns of the Election Judges. It was then moved, seconded and carried
unanimously that the returns of the Election for the City of Edina, held November 6,
1984, be certified as follows, with C. Wayne Courtney elected as Mayor for a four
year term of office, and with Peggy Kelly and Leslie C. Turner having received the
highest number of votes elected as Council Members for a four year term of office:
REPORT OF THE CANVASSING BOARD
1984 CITY ELECTION
PRECINCT NO. MAYOR COUNCIL MEMBERS
Four Year Term Four Year Term-
C. Wayne Courtney John L. Senior, Jr. Peggy Kelly Leslie C. Turner
1 726 383 535 477
2 770 374 582 584
3 1171 507 925 948
4 1133 520 873 693
5 956 434 730 756
6 1097 412 873 880
7 1073 538 846 736
8 1269 732 834 944
0 9 970 436 727 694
ro 10 1050 510 835 701
v 11 1249 651 868 906
12 1106 492 790 826
13 838 451 670 463
14 1194 729 762 825
15 1465 559 1101 1158
16 1060 570 782 632
17 344 179 216 246
18 313 116 233 240
19 -962 ...455 746 646
TOTAL 18,746 9310447 13,928. 13,355
J
(See Revision in Council Minutes of 12/17/84
CITY OF EDINA
In the Matter of the Application of FINDINGS
Folke R. and Veown M. Victorsen for DECISIONS,
a Subdivision and a Variance for a AND
Proposed Subdivision Entitled REASONS
VICTORSEN'S VALLEY VIEW 2ND ADDITION
The above entitled matter was heard before the City
Council, City of.Edina on November 19, 1984, and December 3,
1984. Folke R. and Veown M. Victorsen ( "Proponents ") were
present. Thomas H. Goodman, attorney for the Proponents,
was present at all hearings. The City Council, having heard
and reviewed all of the facts and arguments presented by the
Proponents, their representative, City staff, and the
property owners in the vicinity of the subject subdivision,
and having heard and reviewed the evidence and law adduced
by the Proponent, and their representative, City staff, and
property owners, and being fully advised, after due
consideration, hereby makes the following:
Findings of Fact
1. The Proponents, on October 19, 1984, submitted an
application for subdivision (Case No. S- 84 -19) for the
following described property (the "Subject Property"
The South 104 feet of that part of the Northwest 1/4 of
the Northeast 1/4 of Section 30, Township 28, North
Range 24, West of the 4th Principal Meridian, described
as follows: Beginning at the point on the North line
of said Northwest 1/4 of the Northeast 1/4 distant
658.5 feet East of the Northwest corner thereof, thence
South a distance of 438 feet, thence East parallel with
the North line of said Northwest 1/4 of the Northeast
1/4 a distance of 287.3 feet more or less to the West
line of Peacedale Acres, thence North a distance of 438
feet., thence West to the point of beginning.
This application (hereinafter referred to as the "Proposed
Subdivision ") requested a subdivision of the Subject
Property into two lots, Parcel A and Parcel B. Parcel A of
the Proposed Subdivision also required a variance (the
"Requested Variance ") to allow a lot width of 20 feet rather
than 75 feet asr required by the Edina Ordinance N.O. 825, the
Zoning Ordinance. Edina Ordinance No. 801, The Platting
Ordinance, requires plats and subdivisions to comply with
all applicable provisions of the Zoning Ordinance.
2. The Subject Property is presently composed of two
parcels which roughly coincide with Parcels A and B of the
Proposed Subdivision. The easterly of the existing parcels
(the " Homesite") is presently improved with a single
dwelling unit building. The westerly of the existing
parcels (the "Landlocked Parcel ") is vacant and does not
front on a public street. The Proposed Subdivision would
divide the Subject Property such that a 20 foot wide strip
of land would be transferred from the Homesite to the
Landlocked Parcel so as to provide access to Brookview
Avenue from the Landlocked Parcel.
3. The Edina Community Development and Planning
Commission (the "Commission ") reviewed the Proposed
Subdivision at its October 31, 1984, meeting. The
Proponents were present and described the Proposed
Subdivision. The Proponents testified that,they had owned
the Landlocked Parcel since 1964 and had recently acquired
the Homesite. They testified that they originally acquired
the Landlocked Parcel for the purpose of constructing
garages for an apartment building which they then owned
which is located northerly of the Subject Property. They
also testified that the Landlocked Parcel was created in
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1956 when Southdale Center, Inc. acquired the westerly
portion of the Subject Property for utility purposes.
Several property owners residing in the vicinity of the
Subject Property appeared at the October 31, 1984,
Commission meeting-and testified in opposition to the
Proposed Subdivision noting concern that Parcel A may later
be rezoned. The Commission recommended denial of the
Proposed Subdivision and Requested Variance.
4. On November 19, 1984, the Edina City Council
conducted a public hearing and received the report and
recommendation of the Commission. Pursuant to applicable
ordinances, notice of the public hearing was published, and
notice of the public hearing was given by mailed notice to
owners of property within 200 feet of the Subject Property.
At said hearing, the Proponent's attorney urged the Council
to approve the Proposed Subdivision and Requested Variance
noting that:
A. The City has approved subdivision which are similar
to the'Proposed Subdivision in terms of lot shape and
access.
B. The Proponents are entitled to a reasonable use of
the Landlocked Parcel which they have owned for many
years and should be allowed to build a home on the
property.
C. The Proponents recently acquired in 1984, the
Homesite believing that it could be used to solve the
access problem of the Landlocked Parcel.
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D. The Proponents were unaware that the Landlocked
Parcel was never officially divided from the Homesite
when they acquired it in 1964.
E. The Landlocked Parcel is suitable in terms of size
for the construction of a single family home.
F. The Proponents have no intention of rezoning the
property to R -2, Double Dwelling Unit District.
Surrounding property owners also testified at the
public hearing noting the undesirable impact of the driveway
access to Parcel A and objecting to the construction of a
dwelling on Parcel A. The City Council, thereupon,
continued the public hearing to December 3, 1984.
5. The Subject Property measures 104 feet by 287.3
feet and is unplatted. The Subject Property was a single
parcel of property until 1956 when Southdale Center, Inc.
acquired the following portion of the Subject Property which
has been referred to as the Landlocked Parcel.
is
Commencing at the Northwest corner of the Northeast 1/4
of Section 30, Township 28, Range 24, thence east 658.5
feet, thence south 334 feet to the point of beginning,
thence south 104 feet, thence east 130 feet, thence
north to a point 140 feet east from the point of
beginning, thence west 140 feet to the point of
beginning.
No record exists that the Edina City Council approved
the subdivision of the Subject Property, which resulted
from the 1956 property acquisition by Southdale Center, Inc.
as required by Minnesota Statutes, Section 462.358.
6. The Zoning Ordinance which was in effect in 1956
provided that lots in the R -1, Single Family Residence
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District required at least 75 feet of frontage on a public
street. The Landlocked Parcel had no such frontage and,
therefore, did not comply with the requirements of the
Zoning Ordinance when it was acquired by Southdale Center,
Inc.
7. Edina Ordinance No. 825, the Zoning Ordinance,
imposes the following minimum standards for single dwelling
unit lots:
Minimum Lot Area 9,000 sq. ft.
Minimum Lot Width 75 ft.
Minimum Lot Depth 120 ft.
Minimum Frontage 30 ft.
The Zoning` Ordinance defines "lot width" as follows:
Lot - Width: The horizontal distance between side lot
lines measured at right angles to the line establishing
the lot depth at a point of 50 feet from the front lot
line.
The width of Parcel A according to the above definition is
20 feet. The frontage of Parcel A is also 20 feet.
Therefore, Parcel A does not comply with the requirements of
the Zoning Orinance although the Proposed Subdivision could
be modified to increase the frontage to 29 feet which more
closely complies with the frontage requirement. Parcel B
complies with the requirements of the Zoning Ordinance.
8. The Edina Comprehensive Plan states the following
policy:
VY �'
Prohibit "neck lot" subdivisions whereby access to
public streets is gained through narrow strips of land
adjacent to other lots.
Parcel A is such a neck lot.
9. The Zoning Ordinance defines "lot" as follows:
Lot: The basic development unit for purposes of this
Ordinance., A lot may consist of one parcel or two or
more adjoining parcels under single ownership or
control, and used for a principal use and accessory
uses allowed by this Ordinance. A lot, except lots in
a townhouse plat, must have at least 30 feet frontage
on a street other than a limited access freeway.
The Homesite and the Landlocked Parcel are adjoining
parcels which are now under single ownership and, together,
now form one lot within the meaning of the Zoning Ordinance.
10. The lot located southerly of the Subject Property
measures 114 feet by 330 feet. The lot across the street to
the east measures 115 feet by an average depth of about 205
feet. One single dwelling unit building is located on each
of these lots.
11. The Zoning Ordinance (Section 4, A.6) provides
that a variance shall not be issued unless a finding is made
that the strict enforcement of the Ordinance would cause an
undue hardship because of circumstances unique to the
property and that the grant of the variance is in keeping
with the spirit and intent of the Ordinance. As defined in
the Zoning Ordinance, "Undue hardship" means that the
property in question cannot be put to a reasonable use as
allowed by the Ordinance, the plight of the landowner is due
to circumstances unique to his property which were not
created by the landowner, and the variance, if granted, will
not alter the essential character of the property or its
surroundings. Economic considerations alone shall not
constitute an undue hardship if reasonable use of the
property exists under the terms of the Ordinance. This
definition is from Minnesota Statuate, Section 462.357.
12. Edina Ordinance No. 801, the Platting Ordinance,
states that the City Council in approving plats shall
consider, among other things, the suitability of plats from
the standpoint of community planning.
13. Prior to the public hearing on December 3, 1984,
all members of the City Council individually inspected the
Subject Property and surrounding neighborhood.
Therefore, based upon the foregoing Findings, the City
Council does hereby make the following
DECISION;
The Proponent's Application for Subdivision and Variance is
hereby denied.
The above Decision is made for the following
REASONS:
A. The Proposed Subdivision is contrary to the policy
of the Comprehensive Plan concerning neck lots. The
policies of the Comprehensive Plan as implemented by the
Zoning Ordinance, must be considered in deciding whether or
not to approve variances from the Comprehensive Plan and to
the Zoning Ordinance.
B. Parcel A of the Proposed Subdivision does not
comply with the requirements of the Zoning Ordinance. The
standards of the Zoning Ordinance define not only the
minimum size but also the minimally acceptable geometry of
lots. Such requirements are imposed to prevent lots which
are undesirable in shape, accessibility and orientation.
Parcel A of the Proposed Subdivision is not a minimal
deviation from the requirements of the Zoning Ordinance and
would result in the type of lot which is expressly
discouraged by the Comprehensive Plan.
C. The grant of a variance relies upon the affirmation
of the findings contained in the Zoning Ordinance,
particularly the existence of an undue hardship which was
not created by the Proponents. The facts, in this case,
lead to the conclusion that any hardship that may exist is
self created for the following reasons:
1.) The Proponents acquired the Landlocked Parcel for
uses accessory to an adjoining property then in their
ownership. Its use for such accessory purposes would
have, in essence, solved the Landlocked Parcel's access
problem. The Proponents elected not to use the
Landlocked Parcel for the intended purpose, and later,
sold the adjoining property exclusive of the Landlocked
Parcel. Thus, the Proponents could have made a
reasonable accessory use of the Landlocked Parcel or
could have sold it with the adjoining parcel for other
accessory use purposes.
2.) The creation of the Landlocked Parcel by virtue of
its 1956 acquisition by Southdale Center, Inc. was not
approved by the-City Council. The Landlocked Parcel
did-not comply with the frontage requirements of the
Zoning Ordinance in effect in 1956. When the
Proponents acquired the Landlocked Parcel they should
have known that the Landlocked Parcel had not been
approved by the City and was not buildable because of
lack of'frontage.
D. The findings required for a variance also provide
that economic considerations do not constitute a hardship if
a reasonable use of.the property exists. The Subject
Property is a lot comprising'two adjoining parcels under
common ownership. This lot complies with the requirements
of the Zoning Ordinance and can be used for principal and
accessory uses permitted by the "Zoning Ordinance. In this
context, the Landlocked Parcel adds more than an
insignificant value to the Homesite. Although this lot is
larger than required, it is not unusually large in size and
is similar to other lots in the immediate vicinity. The
City of Edina is not now obliged to subdivide the lot to
create a new lot which does not comply with the requirements
of the Zoning Ordinance or the policies of the Comprehensive
Plan.