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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 01/23/1975 EDEN PRAIRIE BOARD OF APPEALS AND ADJUSTMENTS AGENDA Thursday, January 23, 1975 7:30 P.M., City Hall Board Members: Thomas Cebulla Tony Hirt Billy Bye Donald Sorensen James Wedlund Building Official: Wayne R. Sanders I. Swearing in of Board Members. II. Elect Chairman for Board of Appeals and Adjustments. III. Review for the M.T.S. sign proposal. IV. Consideration of re-opening the case for the Phoenix Petroleum Co. V. Field variances of minimum setback requirements. APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS FETING Thursday, January 23, 1975 7:30 P.M., City Hall Members Present: Thomas Cebulla Tony Hirt / Donald Sorensen Members Absent: Billy Bye James Wedlund I. OATH OF OFFICE The members present were sworn into office. II. NOMINATIONS Tom Cebulla nominated James Wedlund to position of chairman. Don Sorensen seconded the nomination. Tom Cebulla moved that nominations be closed. A unanimous ballot was cast in favor of James Wedlund as chairman. Don Sorensen nominated Tom Cebulla as vice-chairman of the board. Tony Hirt seconded the motion. A unanimous ballot was cast in favor of Tom Cebulla as vice-chairman. III. M.T.S. SIGN PROPOSAL AT 8055 MITCHELL ROAD The acting chairman, Tom Cebulla, asked Dale Whitcomb to explain his request. The question of placing a sign on city property was discussed. It was decided that this was a decision to be made by the City Council. The signs requested were a 8' x 24' sign approximately 600' back from the street and an address sign approximately 2' x 8' in size. Dale Whitcomb said that the tentative plans for the future would be to re- move all other signs except the one at the east end of the building. Don Sorensen asked if the trees shown on the artists drawing were now in existance. Whitcomb said only the large tree is in existance, the others will be planted. Sorensen asked Whitcomb if the signs requested are actually necessary. Whitcomb answered yes, they are necessary. They feel the need for these signs for a number of reasons. The signs are a part of the overall develop- ment of the sight. -2- Tony Hirt said he was concerned about the size of the sign requested. The signs are approximately three times the size that the ordinance • permits. He also said that if a sign is permitted, it should be seen from Mitchell Road. Cebulla said he saw the need for a sign but it is just a matter of where to place the sign and how large it should be. Sorensen said that M.T.S. has been of valuable assistance to the city many times in the past. He reminded the board that the board cannot make policy for the city, but it can hear requests for variances from the ordinances which are in keeping with the intent and spirit of the ordinance. He quoted Section 17 of Ordinance 135 that stated the powers of the Zoning Board of Appeals and Adjustments. Sorensen said that the board must act with these powers in mind and with the intent of the sign ordinance. He also said that it must be shown that there is a need for the signs which are much larger than permitted in Sign Ordinance No. 261. Sorensen said with these items in mind, I move that we deny the larger sign that is proposed. Hirt seconded the motion. Hirt read through the conditions mentioned in Section 17 of Ordinance 135. Hirt and Sorensen voted in favor of the motion. Cebulla voted against. A discussion of the address sign followed. Dale Whitcomb brought up the idea that he felt the board had the right to grant such a variance and he felt in this case it was necessary. • Sorensen said he felt that the board was acting within its limitations. Cebulla suggested that Whitcomb take the request to the City Council. Hirt made a motion that the street sign be approved if the total height be cut to 5' . There was no second to the motion. Cebulla made motion to deny the request for the address sign. Sorensen seconded the motion. Cebulla and Sorensen voted in favor of the motion. Hirt voted against the motion. Whitcomb requested that the board communicate to the Council as to what their feelings are on these signs. IV. CONSIDERATION OF REOPENING THE CASE FOR PHOENIX PETROLEUM Tony Hirt said that he had received a request from the attorney representing Phoenix Petroleum Co. to reopen the case because of additional information. The chairman requested that the staff meet with Harlan Perbix to explore and clarify the findings on the Phoenix Petroleum case. V. FIELD VARIANCES The chairman requested that the item on field variances be taken up at another meeting when all members of the board are present. Sorensen made a motion to adjourn the meeting. Hirt seconded the motion. Vote in favor of motion was unanimous. Meeting adjourned at 10:0 .M. Wa R. Sanders Building Official