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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. • • 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. •