HomeMy WebLinkAboutBoard of Adjustments and Appeals - 02/15/1979 APPROVED
• MINUTES
EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS
THURSDAY, February 15, 1979 7:30PM, CITY HALL
MEMBERS PRESENT: Chairman James Wedlund, James Cardinal ,
Ronald Krueger, Richard Lynch and
Roger Sandvick
MEMBERS ABSENT: None
STAFF PRESENT: Carl Jullie, P.E. Director of Public Works
Sharon Gagnon, Recording Secretary
1 . Minutes of November 16, 1978 regular meeting.
MOTION:Cardinal moved to approve minutes of November 16, 1978
as published and amended. Lynch seconded, motion carried with
Wedlund abstaining.
2. Minutes of December 21 , 1978 regular meeting.
MOTION: Krueger moved to approve minutes of December 21 , 1978
• as published and amended. Cardinal seconded, motion carried with
Lynch abstaining.
3. Variance Request #79-1 from Richard W. Anderson for a common
private driveway entrance to service two separate parcels
located at Lots 1 & 2, Block 1 , and Lots 1 & 2, Block 2
Shady Oak Industrial Park.
Richard Anderson explained that he was seeking permission for a
common driveway between two parcels of land without the necessary
green area between them for two trucking operations. This would
be a common easement between the two lots. He felt there would
be an additional $50,000.00 cost factor involved because of not
utilizing space, particularly, the small narrow lot. At Claredon
Park which is to the north of this area, this procedure is used.
Wedlund questioned the need for a variance.
Anderson replied that because he does not own both lots but sold
one to Random Specialties, it is necessary for the variance because
of the common easement between two owners.
Cardinal asked if Anderson represented both parties.
Anderson answered positive and that he would be developing the lot
across the street.
• Wedlund questioned Lynch in regard to the Planning Commission.
Lynch stated that Detroit Diesel and Backmans have this arrangement.
Minutes - Zoning Bd. of approved Thursday, Feb. 15, 1979
Appls. and Adj. -2-
MOTION: Cardinal moved to grant the variance because of the findings
and the overall better use of the two properties in view of the
development. Nothing detrimental to the health of the community.
Lynch seconded, motion carried unanimously.
Wedlund added that by allowing this variance it would be a benefit
to empty out from a common single driveway onto the main road
rather than several .
4. Variance Request #79-2 from Richard W. Anderson for a common
private driveway entrance to serv1Ce two separate parcels
located at Lot 5, Block 1 Crosstown Industrial Park 2nd Add.
Mr. Richard W. Anderson stated that the buildings for these two
lots are presently being constructed. The traffic flow from this area
is onto the Crosstown Circle then onto Flying Cloud. There is
approximately 8 acres with 30% green area.
Mr. George Senellerg, president of the trucking operation explained
that a common driveway with a truck turn around would facilitate
the trucks to the loading dock. He felt that snow removal and
parking would be improved.
• Sandvick questioned Senellerg in regard to the kind of trucks.
Senellerg answered they had 40' trailers and regular size trucks
and vans.
Cardinal noted the intent of the Ordinance is to provide green
space to break up the area.
Anderson stated that you can 't see the trucking area from the road.
David Sand of Briggs& Morgan law offices, representing Mrs. Nicolson,
owner of one building stated they would be willing to cooperate with
the City Planning Staff with landscaping if it did not interfere with
the trucking operation.
Wedlund questioned David Sand in regard to a legal document.
Sand said an easement was filed in November of 1978.
MOTION: Wedlund moved to grant the variance because of the
circumstances regarding the property and that such action would be
in keeping with the spirit and intent of the ordinance. Cardinal
seconded, motion carried unanimously.
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• Minutes-Zoning Bd of approved Thursday, Feb. 15, 1979
Appls. and Adj. -3-
5. Variance Request #79-3 from Twin Cities Home Theatre for a front
yard setback for guy wire points for antenna tower located at
14255 Valley View Rd.
Mr. Tom Bjorklund, general manager of Twin Cities Home Theatre explained
that they installed an antenna at Shadow Green Apartments in November
of 1978. Recently the Building Dept. of Eden Prairie City Hall notifed
them that the guy wires were infringing on the setback requirements.
Sandvick questioned Bjorklund if the tower itself was illegal .
Bjorklund replied that just the guy wires for the tower were illegal .
Lynch asked Bjorklund if the guy wires could be moved back for the proper
setback and the cost factor to do so.
Bjorklund stated that the manufacturer recommends 50` and it would cost
approximately 40 man hours. He explained that it could be built as a
free standing tower with a larger base instead of the guy wires.
MOTION: Sandvick moved to deny the variance since it is infringing
on the safety of the community. It would be granting a special priviledge.
Traveling on Valley View would be impaired. Krueger seconded, motion
carried unanimously.
Cardinal added that a possible solution was indicated and it was not
impossible to undue.
6. Variance Request #79-4 from Jack Schultz cancelled.
7. Variance Request #79-5 from Walter J. Peterson for a rear setback
of 30 ft. instead of the 50 ft. requirement located at Pioneer Trail and
Eden Prairie Rd.
Walter J. Peterson explained that he wanted to build a house with a
garage on the front with a deck on the rear and set on the lot at an
angle because of terrain.
Jullie stated it was two parcels put together to make 1 .88 acre.
MOTION: Cardinal moved to approve the variance because of the terrain
and the estheticview from the hill . This would still leave a 30, rear
setback which is ample and would not be granting a special priviledge.
There was no indication that any neighbors opposed. Wedlund seconded,
motion carried unanimously.
8. Variance Request #79-6 from the Bluffs Company for a lot size and side
• yard setbacks variance located in the Bluffs West Second Addition.
Bluffs West was represented by Mr. Dick Putnam who explained some of
the history behind Bluffs West I and II, particularly in regard to the
Minutes-Zoning Bd. of approved Thursday, February 15, 1979
Appls. and Adj. -4-
park situation. Bluffs West agreed to purchase land plus make grading
available to the City at a substantial savings and still agreed to have
future builders pay the $275.QOhsirk dedication fee. Since this is an
increased cost, Bluffs West to make the lots smaller in order
to spread the costs over a greater number.
Cardinal wished to know if the Board of Appeals would be getting more
requests because houses would not fit on these smaller lots.
Putnam stated that Orrin Thompson would be building in this particular
area and his homes which range in price from $70,000 to $90,000 would
fit on these smaller lots.
MOTION: Lynch moved to grant the variance in this instance where
their strict enforcement would cause undue hardship because of circumstances
unique to the individual property under consideration. Krueger seconded,
motion carried unanimously.
9. Other Business.
None.
10. Adjournment.
Lynch moved to adjourn at 9:30. Wedlund seconded, motion carried unanimously.
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