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HomeMy WebLinkAbout1984 03-28 Planning Commission Meeting Minutes RegularMINUTES OF THE REGULAR MEETING OF THE EDINA COMMUNITY DEVE OPENr AND PLANNING COMMISSION HELD ON WEDNESDAY, MARCH 28, 1984, AT 7:30 P.M. ACTING CHAIRMAN DAVID RUNYAN, DEL JOHNSON, HELEN MCC ELLArm, PHIL SKID, JOHN BAILEY AND VIRGINIA SHAW STAFF PRESENT: GORDON HUGHES, CITY PLANNER FRAN HOFFMAN, CITY ENGINEER LINDA ELSEN, SDCRETARY I. APPROVAL OF THE MINUTES: Mrs. Shaw moved for approval of the minutes of the February 29, 1984, meeting and Mr. Sked seconded the motion. All were in favor; the motion carried. The minutes were approved. II. NEW BUSINESS: S-84-5 Mendelssohn 2nd Addition. Mr. Hughes reported that the subject property is presently composed of four parcels measuring approximately 2.7 acres in area and zoned R-1, Single Dwelling Unit District. Three of these parcels front on Belmore Lane and are developed with single dwelling buildings and the fourth parcel is landlocked and vacant. The proponent is requesting a replatting of the property into a total of eight lots. Four of these lots would front on Belmore Lane and four would front on the northerly extension of the Arthur Street cul de sac. Three of the Belmore Lane lots would contain the three existing homes. The remaining five lots would represent new building sites. He stated that the only identifiable physical constraint affecting the property is storm water drainage. The southerly part of the property is low and collects drainage from surrounding properties. A preliminary review of the property by the Engineering Department, however, shows that the westerly extension between Lots 7 and 8 of an existing storm sewer will provide proper drainage. Mr. Hughes noted that the proposed subdivision represents a proper development of the property; however, the property could be served by a cul de sac from Belmore Lane rather than from an extention of Arthur Street. In fact, Arthur Street could be extended through to Belmore. He mentioned the following disadvantages to a cul de sac from Belmore: 1. More of the subject property would need to be devoted for right of way which may result in the loss of a lot. 2. The existing house on Lot 5 would maintain a substandard setback from the new street. It should be noted that the new street should line up with Arthur Street north of Belmore Lane in order to avoid an offset intersection. 3. Arthur Street would then have a sul de sac from the north and a cul, de sac from the south. 4. The proposed solution to the storm drainage problem is more difficult to accomplish. He noted that the proposed access to the site from the south is the most efficient method of serving the property and provides the most desirable orientation for the new lots, and, therefore, recommended preliminary plat approval conditioned upon subdivision dedication and developer's agreement including the proposed storm sewer extension. Mr. Braun, the proponent, was present to answer questions. Mr. Del Johnson moved for approval subject to the Staff's conditions and Mr. Sked seconded the motion. All were in favor; the motion carried. S-84-6 Miller Addition Mr. Hughes said the subject property measures approximately 67,500 square feet in area and is zoned R-1, Single Dwelling Unit District. The property is ccmprosed of nine, pre-existing R-1 lots and a vacated street. All of the R-1 lots measure 46 feet in width and are therefore non -conforming. One of the lots is owned by the City due to a past tax forfeiture and is used for drainage purposes. The principal problem with the subject property is access. The property lies at the junction of two major plats of northwest Edina. When originally platted, the west one-half of the Tyler Avenue right of way was dedicated by West Minneapolis Heights. For unknown reasons, the east half was not dedicated by Mendelssohn. In 1965 the City vacated the west one-half of Tyler Avenue in response to a petition of some of the property owners in the vicinity. As a result, the lots composing of the subject property lost their frontage on a public street right of way. Their only lawful access was via a 12 foot wide alley from Belmore. The southerly six lots of the property subsequently forfeited for non-payment of taxes and were acquired, with the exception of the City lot, by the proponent. The northerly three lots were developed with a dwelling which received access via a long driveway from Harrison to the west. This dwelling was destroyed by fire several years ago and was not rebuilt. The present proponent subsequently acquired these lots. Mr. Hughes reported that the only readily available access to the property is afforded by the Spruce Street right of way located at the north of Dearborn Street. However, Dearborn Street is improved for only about one-half of its length between Belmore and Spruce Street. Likewise, a public street could perhaps be extended along the north property line from Harrison. Although no right of way exists for such a street, it appears that some parcels presently owned by the public could be used as a right of way for this street. However, the City of Hopkins owns one of these parcels and would have to consent to the use as right of way. These alternatives, however, provide access to only the northerly portion of the subject property. The southerly lots would remain landlocked. The proponent suggests that a new cul de sac be extended westerly from the present terminus of Dearborn Street. The property would then be replatted into four lots which conform to the requirements of the Zoning Ordinance. It is likewise proposed that the City owned lot be returned to the State in that its use for drainage purposes will no longer be necessary after the street and storm sewer are extended into the area. It is hoped that this lot could be acquired and incorporated into lots 2 and 3 of the proposed plat. Mr. Hughes explained that the proposed access from Dearborn Street crosses Lot 2, Block 1 of Mendelssohn Addition. This lot is not controlled by the proponent but rather is awned by the residents of the home at Dearborn and Belmore. The proponent has stated that he has unsuccessfully attempted to acquire land for the proposed right of way, and has therefore asked that the City approve the proposed subdivision and acqurie the necessary right of way by eminent domain if necessary. He is also willing to convey a seven foot wide outlot to the land to the lot south of the new street to provide the required lot width. From a planning standpoint, Staff rated that the proposed plat represents the best method of developing the property. However, the City's power of eminent domain should never be taken lightly especially in an instance involving a relatively small tract of land. Mr. Hughes recommended that the Commission accept this proposal for study and continue the matter until the May 2, 1984, meeting to allow an opportunity for the property owners to meet to resolve the right of way issue. Mr. and Mrs. Bernard Kuenzli, 6528 Belmore Lane, owners of the westerly frontage of Dearborn between Spruce and Belmore, stated they did not want that area developed. Parts of the area were very low and used for ponding. Mr. Robert Baker, 6600 Belmore Lane was also concerned with the drainage. Mr. Sked wandered if it would cause a hardship to the neighbors if that land were filled in. Mr. Hughes explained that the proponent would have to provide stormwater ponding to satisfy the area. Mr. James Miller, son of the proponent, pointed out that his proposed plan solved the problem of the substandard lot width through the vacation of the northerly end of the Dearborn right of way which would no longer be needed. Mr. Len Kraemer, Barr Engineering, was present to address the drainage problem. He reported 1.9 acres in the area drained into a 12" corrigated pipe which ran north to northwest. It was adequate drainage with a small amount of storage located presently on the southerly two lots. He expressed that with the proposed subdivision, the problem could be handled easily and that the depression would be relocated to the south. Mrs. McClelland moved for a continuance to the May 2, 1984, meeting and Mr. Bailey seconded the motion. All were in favor. The motion carried. LD -84-4, 5, 8 Clark Construction Located west of Gleason and North of Crosstown Highway Mr. Hughes reported the proponent requests party wall divisions of three new two-family dwellings. Individual utilities are provided. Approval was recormnended. Mrs. McClelland moved for approval and Mr. Del Johnson seconded the motion. All were in favor; the motion carried. III. ADJOURNMERr Mr. Bailey moved for adjournment and Mr. Sked seconded the motion. The meeting was adjourned. Linda Elsen