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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 04/21/1977 UNAPPROVED MINUTES . ZONING BOARD OF APPEALS AND ADJUSTMENTS Thursday, April 21, 1977 7:30 PM. CITY HALL MEMBERS PRESENT: Chairman James Wedlund, James Cardinal Ronald Kruger, Donald Lynch and Roger Sandvick r STAFF PRESENT: Carl Jullie, City En xneer OTHERS PRESENT: Bruce Bren, George Gernandt, Bob Hanson, Pres. of Energy Systems, Inc. , Leon Hanson, Robert Coyle, and Richard Leakley I. Signing of Official Oaths Carl Jullie, City Engineer, directed the signing of the official oaths. Chairman Wedlund opened the meeting to nominations for chairman. MOTION: Cardinalnominated Wedlund for chairman. Lynch seconded, the motion carried unanimously. MOTION: Cardinal moved to close nominations and elect Wedlund unanimously. Sandvick seconded, motion carried unanimously. MOTION: Lynch moved to nominate Cardinal for Vice-Chairman, seconded by Sandvick. Motion carried unanimously. MOTION: Lynch moved to close nominations and elect Cardinal unanimously. Wedlund seconded, motion carried unanimously. MOTION: Lynch nominated Sandvick for secretary, seconded by Cardinal. Motion carried unanimously. MOTION: Lynch moved to close nominations and elect Sandvick unanimously, seconded by Cardinal. Motion carried unanimously. II. Approval of minutes of meeting of March 19, 1977 Pg. 1, para. 1, sent. 1, delete "Raod", add "Road". MOTION: Wedlund moved to approve minutes of March 19, 1977 meeting as published, seconded by Cardinal. Motion carried with Lynch, Kruger, and Sandvick abstaining. III. Continuation of variance for Ecklund & Swedlund on Lot 3, Blk. 4 Hillcrest Courts 3rd addition 1 020 Alpine Way). Chairman Wedlund asked for the re-statement of the proposal. Bren explained they want to moved the house 10 ft. forward on the lot in order to preserve the trees and beauty of the lot. Wedlund asked whether there were any interested parties present, and spoke to letters received from neighbors prior to the first meeting. Wedlund asked whether there was any pressure for time. Bren responded negative. Zoning Board of Appeals and Adjustment - 2 - April 21, 1977 • It was generally agreed to continue the meeting until May, becaue of non- presence of opposing neighbors, and it was felt that they may not have been notified of the meeting tonight. MOTION: Carcinal moved, seconded by Kruger, to table the matter until the next regular meeting, because of the uncertainty of notification of the people in the neigh- borhood. Motion carried unanimously. IV. Request by Ecklund & Swedlund, P.O. Box 38, Excelsior, Minn. asking for a 12' variance from the required 301 front yaxd setback Lot 10 Blk Hillcrest Cts. rd addition. 1 2 0 No. Hillcrest . Bruce Bren spoke to lot with good sized trees and to the fact that they had designed the house to fit the lot. Wedlund pointed out that a 15' setback is required and that Bren is requesting only 12' variance. Bren said they could slide the house 5' to the west, but it will put it too close to the large tree. Mr. George Gernandt, 16220 No. Hillcrest Ct., pointed out that the way the house is right now, it will end up being 15' setback. Hedid not see any reason why they shouldn"•t move the. , house, and said he had no objection to the. proposal. Jullie asked whether they will be able to get the overhang in because of being so close to the large elm and the pond also located there. Bren responded that he would prefer more of a setback, but did not want to ask for too much. Wedlund asked if there wasn't too emphasis on the elm. Bren said that there would only have to be 2 feet of excavation done at that point under proposed plan. Board members questioned Bren as to location of the pond, which was about 20 ft. away, and whether there was controlled outflow on the pond, to which Bren responded affirmative. MOTION: Lynch moved, seconded by Kruger, that the variance be granted on the con- dition that the house is moved to the west within the 15' setback with the following findings: The major elm tree is worth saving, the re-positioning of the house does not create any ill effects on the neighboring lots, and it makes sense to be some- what away from the pond. Wedlund added findings: that granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to the public or private properties or improvements in the vicinity. Cardinal added findings: we are not only dealing with distance from the curb, it means the house will not butt up closer to the street, granting of a variance does not constitute a special privilege, and the 18, measurement seems to soften the effect of the granting of the variance. Motion carried unanimously. V. Request by Energy Systems, Inc, 9025 Flying Cloud Drive, asking for a variance to allow extention of existing metal building with a matching metal structure of the same design; also a variance to allow the addition of one loading dock and door to be located alongside thb three existing doors and docks. Mr. Robert Hanson, President of Energy Systems, Inc. , submitted enlarged plat plan. Zoning Board of Appeals and Adjustment - 3 - April 21, 1977 • Wedlund asked for the reason for the variance. Jullie answered that it was the addition of . extention of non-conforming use. Mr. Hanson explained that they were adding 8500 sq. ft. and that the new wall would be visible from the street. He spoke to their present structured steel building and to the short section that would be additional office and which. would be brick. He also spoke to the 60, section of land between themselves and Modern Tire which belongs to a third party, and was unsure what they were going to do with it and when. Lynch spoke to the mini sector study done by Braur at the time Modern Tire wanted to expand, and the zoning was not in agreement with the 1968 Guide Plan. Jullie explained that the City has talked about the possibility of road construc- tion on that 60, strip because Modern Tire had asked for another access, but Mr. Williams, the owner, does not need the access and is not ready for development. He said that Modern Tire and Energy Systems will have to use drive-way access on to Highway 169. Lynch expressed uncertainty of Council position on metal buildings. He added that in this case, you are talking about major expansion and that this might be the opportunity to come into accordance with the Ordinance. Mr. Robert Coyle, contractor for Energy Systems, spoke to their desire to stay with the same materials. Wedlund expressed concern with further addition to the building in the future, and asked how much property they had. Hanson responded 75 . Offstreet parking was discussed, and it was agreed that Energy Systems had adequate parking to conform with the Ordinance. Lynch suggested brick facing on that portion of the building, and continued that they were concerned with continuity of materials, and that if business did not go well and they could not extend for 10 years,it would not look good. Hanson res- ponded that a brick facing would be additional expense. Lynch inquired about plantings for screening purposes. Hanson answered that up to the fence, they keep it mowed, and he plans on evergreen type of plantings. Kruger asked whether the screening would be for the future boulevard. Hanson ex- plained that he was speaking about plantings for screening from the highway. Coyle added that they do not know when the road is going in and what the width will be. Board members were concerned with interpretation of the Ordinance on metal bldgs. . Kruger commented that if present building conformed with existing Ordinance at: that time, and when they want to add on, they can only go along with present Or- dinance. He feels that this building was not Just thrown up, and &F, needsthb- Ordinance to keep things in conformance. Sandvick suggested requesting getting an opinion and asked Hanson whether time was important. Hanson responded affirmative. Zoning Bd. of Appls. and Adjust. - 4 - April 21, 1977 . Jullie asked what kind of insulation they planned. Coyle responded that the extention would be according to the latest State Code - fiber glass insu- lation and 3 in. blanket, with metal on the inside. Lynch asked whose responsibility it was to see that energy codes are met. Jullie answered that city inspection reviews cover that. Cardinal commented that he was concerne6. with "when does this existing bldg. stop expanding", and that we have toanswer to the people that have already gone through the expense of brick or brick facade. Wedlund asked whether they had any alternative plan. Hanson answered that they would have to go this way or not at all, and that it is a major investment, and to put it into another type of structure would be prohibitive of doing it at all. MOTION: Cardinal moved to table the matter for two weeks to give us time to get clarification on the Ordinance, and have a special meeting in two weeks to accomo- date these people timewise and make decision at that time. Lynch seconded for purpose of discussion. Motion and second were withdrawn. DISCUSSION: Lynch did not feel that just talking to various people would resolve the issue for him and he was in favor of talking to the City Attorney. He said he did not see any problem here except that the Council passed the Ordinance that no metal buildings be built, and there are no metal buildings going up in the City. • Wedlund spoke to the power of the Zoning Board and how they interpret Ordinance 135• Cardinal read from the Ordinance, section 2.7 to all. He questioned the need for these people to come before the Board when they are not proposing a pole bldg. Wedlund also questioned why these people were refused. Coyle explained that in talking to Sanders, he had read it the same way the Board is reading it, and he said that in certain cases a metal bldg. was refused, and felt that overhead door was the problem. Cardinal withdrew motion, and Lynch withdrew his second. Lynch questioned the need for a variance for the door. Coyle answered that the Ordinance says that you cannot have a door opening on the street. There was discussion on whether it was a non-conforming use. MOTION: Cardinal moved to grant the variance for the door, based on the follow- ing findings: three doors there already, adding fourth door will not create a hazard to near-by population or structures. Lynch seconded, for the sake of dis- cussion. DISCUSSION: Lynch commented that on some point in time if and when the street is used, plantings would be required. Hanson responded that this was a requirement of their permit. AMENDMENT TO MOTION: Lynch moved to amend the motion to include plantings that would screen entire area on the south side of the bldg. . Amendment died for lack of a second r Zoning Bd. of Apls. and Adjust. - 5 - April 21, 1977 VOTE ON ORIGINAL MOTION: Carried with a count of 4-1, Lynch casting dissenting • vote, because of concerns of adding door with the plantings. MOTION: Lynch moved to table the matter for two weeks relative to the metal portion of the bldg. or ability to expand building, to request that Jullie research the question of why the matter is before the Board, and request a comment from Enger as to his feelings in terms of future landscaping in conforming of this project. Motion died for a lack of a second. There was more discussion on the matter. MOTION: Lynch moved to continue the matter for two weeks and direct Jullie to re- search the matter to find out what they are here for (is there any superceding Ordinance that speaks to this), with motion subject to findings of another publica- tion by Jullie, with notification, if necessary, by Jullie for a special meeting. Kruger seconded, motion carried unanimously. VI. Request by Twins Leasing, Inc 6905 Washington Ave. So., asking for a variance to allow driveway up to the rear lot line. Mr. Richard Leakley spoke to property line on the east side of the building, and he said the granting of the variance would allow them to clean up the area, and it would also make it easier for trucks to get in and out. Jullie questioned the request to pave on to theneighboring property. Leakley res- ponded that they have no problems there and would get a notice or letter from his neighbor giving permission to pave on their property. • Wedlund asked about the possibility of berms with grass being put in between the buildings to keep consistent with present treatment in that area. Leakley said the area would have to be torn up to accomplish that. There was discussion on loading docks and parking spaces, which would conform with present Ordinance. MOTION: Cardinal moved to approve the variance request because it makes basic good sense, reference made to cleaning up the area, wonrt cause harm to neighboring bldgs. and neighborhood, and does not constitute special privilege. Wedlund added: it will be of benefit to general area and to all adjoining proper- ties. He requested addition of an amendment that Mr. Leakley be requested to se- cure a letter of approval from the neighbor to the east that Twins Leasing can pave up to their pavement, with Jullie issuing permit upon receipt of the letter. Cardinal accepted amendment. Motion was seconded by Wedlund and carried unanimously. MOTION: Cardinal moved to adjourn at 10:10 PM, seconded by Lynch. Motion carried unanimously.