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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 08/19/1974 MINUTES EDEN PRAIRIE BOARD OF APPEALS AND ADJUSTMENTS Monday, August 19, 1974 8:00 P.M. , Hennepin County Vocational Tech- nical School, South Campus Main Auditorium Members present: Tony Hirt, John McCulloch, Don Sorenson, and James Wedlund. Also present were Wayne Sanders and Ed Sherman, Building Department. I. MINUTES OF DULY 8, 1974 These minutes were approved as read. II. VARIANCE REQUESTS 1. Pheonix Petroleum. Remodel. 8855 Flying Cloud Drive. Mr. Sheldon Bernstein, architect representing Phoenix Petroleum, was asked to present his case to the Board of Appeals and Adjustments. Mr. Bernstein stated that the property was owned by Phoenix Petroleum since 1963 and operated it until 1973. They then closed because of shortage of fuel. The station was built in the year of 1944-1945. Phoenix pur- chased this property in 1963 under a lessee arrangement. In the fall of 1972 Mr. Pederson became the lessee. The last fuel delivery was made in March 1973. In April 1973 the station was forced to close because of the lack of fuel. In March 1974 the Federal government directed gasoline suppliers to supply gas to this station. In March 1973 orders were issued to the operator to clean up this site. The Phoenix Company said that others were using the vacant station as a dumping site. Ed Sherman of the Eden Prairie Building Department made an inspection of the site and wrote a report which was sent to Mr. Bernstein, Phoenix Petroleum Company, and the Board of Appeals and Adjustments. This report was discussed. A survey was furnished which showed that the pump location met the State Fire Marshall' s approval. Mr. Bernstein showed a map of Eden Land Corporation's plans for the adjoin- ing area. Mr. Sorenson indicated that this should be brought to the city council if rezoning is necessary. Mr. McCulloch asked why the Phoenix company might not want to have the property rezoned. Sheldon Bernstein felt that the station was not abandoned but only a TV C° . . -2- victim of the fuel shortage. iMr. Sorenson mentioned that if a building should be damaged because of fire or flood, the property then would refer back to rural zoning and the non conforming use would be lost. Mr. Sorenson said that the property has not been kept in good condition for some time. He indicated that he did not know what the future of highway 169 would be. Mr. Sorenson said that the two corners on the east side of highway 169 (intersection of East-West parkway) were put under a planned study. Mr. Hirt suggested that this should be referred to the city attorney and we should ask for answers to the following questions: 1. Is this a case of abandonment? 2. Is this a conditional use permit? 3. Is the work prop©seda case of routine maintenance or not? Sheldon Bernstein said he was here at recommendation of Carl Jullie and Dick Putnam. He indicated that he had done a considerable amount of reseaxch and definitely felt that they should be allowed to improve the property. Mr. Hy Friedman said that they were in good faith and didn't realize a permit was necessary. The gasoline pumps were vandalized and he did not replace them because of future vandalism. • Mr. Ed Sherman said that the building at the reax of property was in viola- tion because it was too close to the property line. Mr. Sorenson asked Ed Sherman if we did not have ordinances which would allow for clean-up or removal of these buildings. Mr. Sherman's reply was yes, according to the Uniform Building Code and City Ordinance. Sheldon Bernstein said that they would rather have someone occupy the automotive repair at the rear, regardless of condition, just to have someone around the property. Mr. Sorenson made the following motion: That we get an opinion from the city attorney on: 1. Do we have abandonment? 2. If it is abandonment do we have a non confoming use? 3. Obtain from Engineering and Planning director any report or recommen- dation toward this total piece of property. 4. Do we have the power to restrict a non conforming use? 5. Is this a case of routine maintenance? The motion received a second from James Wedlund. All members voted in favor. A new meeting will be scheduled when the angwersto the above questions are obtained. Motion was made by Sorenson that the chairman can schedule meetings at his discretion. The chairman and Staff member (Mr. Sanders) shall set • the date. 2. Keith Waters. 9432 Creekwood Drive. Keith Waters' petition for varience in front yard setback from required 30' to requested 201 . Mr. Waters explained the contours of his lot and mentioned a petition signed by neighbors. Wally Hustad said he would rather have trees saved than to abide by the normal 30' setback. Mr. Hirt asked Wally Hustad who owned Lot number 5. Mr. Hustad said that he owned it and agreed that he would probably have the same problem on that lot. John McCulloch made a motion to grant the variance requested. James Wedlund gave a second. Discussion followed in which Don Sorenson said that he could not answer yes to all the questions in our criteria (Ord. 135) . Mr. McCulloch said that he would like to see the building accomplished with the least amount of fill. Tony Hirt said he liked the appearance of the layout. He discussed the • possible answers to the criteria. Mr. Sorenson discussed his viewpoint on the rather close (20 ft. ) front setback. Keith Waters said he felt that he could never show all other possible variations to show the board that he has picked the best method. Mr. Sorenson said he liked the idea proposed but he aaw no way to get around the questions in the criteria to arrive at a positive answer to the varience. Members of the board thought that the council should decide just what our Board of Appeals and Adjustments has the power to do. Hirt, McCulloch, Wedlund voted in favor of granting the vari;nce, --- Sorenson voted no. John McCulloch made a motion that the entire Board appear before the council to decide what power the Board of Appeals and Adjustments can actually have. Sorenson made second to motion. All members voted in favor. James Wedlund made a motion that Wayne Sanders can set the meeting dates for future variance requests. Sorenson made a second to the motion. All voted in favor of motion. _4_ James Wedlund made motion to adjourn the meeting. John McCulloch made a • second to the motion. Meeting adjourned at 10:30 P.M.