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Community Development Director Frolik explained the Council, as the Chapter 9 Committee, <br />has discussed reducing setbacks in townhome developments. <br /> <br />Board Member Johnson raised the issue whether this is a bona fide need with unique <br />characteristics of problems not caused by the owner. <br /> <br />Mr. Rudy stated that John Oliver & Associates worked on the plans. He said they will provide <br />25 feet of driveway, which is adequate. If the variance is not allowed, the density won't meet the <br />city requirements. He said there is a large wetland in the middle of the plat. If they have to <br />change the setback, he said they could only have buildings on one side of the wetland. <br /> <br />Chairperson Nixt stated if some of the concepts of Chapter 9 are going to be applied, all of the <br />proposed changes, including a minimum open space requirement, should be applied. <br /> <br />Board Member Reeve stated he fails to see the hardship. The applicant knew wetlands were <br />there when he purchased the land, and he will have to work with it. <br /> <br />Board Member Johnson offered the suggestion that the property is of unique shape. The Code <br />allows 7 units per acre, and the developer would like to achieve that even with the shape of the <br />land. <br /> <br />Chairperson Nixt pointed out that 7 units an acre is a maximum and there is no guarantee of the <br />minimum. He added that possibly a reason for the variance to be granted is because the <br />Comprehensive Plan is in transition. <br /> <br />Motion by Board Member Johnson, to adopt Resolution #02-04-087A adopting Findings of Fact <br />favorable to the applicant relating to Edina Development's request for a variance. <br /> <br />Motion failed due to no second. <br /> <br />Motion by Chairperson Nixt, seconded by Board Member Kociscak to adopt Findings of Fact <br />unfavorable to the applicant, including modifying #7 to keep concepts in the variance, removing <br />#8, changing #9 to do, changing #10 to will, and removing #11 and #12. <br /> <br />Motion carried. Voting Yes: Chairperson Nixt, Board Members Kociscak, Brauer, Reeve, Sweet <br />and Watson. Voting No: Board Member Johnson. Absent: None. <br /> <br />Motion by Chairperson Nixt, seconded by Board Member Reeve to deny the request for a <br />variance from Edina Development based on the findings of fact. <br /> <br />Motion carried. Voting Yes: Chairperson Nixt, Board Members Reeve, Kociscak, Brauer, Sweet <br />and Watson. Voting No: Board Member Johnson. Absent: None. <br /> <br />Board of Adjustment/April 4, 2002 <br /> Page 3 of 4 <br /> <br /> <br />