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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 07/17/1980 APPROVED MINUTES EDEN PRAIRIE ZONING BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, July 17, 1980 7:30 P.M. , City Hall MEMBERS PRESENT: James Wedlund, James Dickey, Ronald Krueger_ MEMBERS ABSENT: Roger Sandvick and Richard Lynch STAFF PRESENT: Gene Schurman, Assistant City Engineer, and Sharon Gagnon, Recording Secretary CALL TO ORDER —ROLL CALL 1 . Minutes of June 26, 1980 regular meeting. Pg. 2, under Motion, 4th sent. correct spelling of blank to black; pg 3, 15th paragraph, 4th sent. correct mke to make: MOTION: Dickey moved, Krueger seconded, the minutes of the June 26, 1980 regular meeting. Motion carried unanimously. 2. Variance Request #80-13 (continued) submitted by Ray Cronin to allow an addition to his home at 16000 Hilltop 4' from the property line. This request was cancelled per phone call on Monday, July 14, 1980 to Sharon Gagnon. 3. Variance Request M80-14 submitted by Cardarelle & Assoc. to permit a home to be moved to Riley Lake Rd. and Pioneer Road. Frank Cardarelle explained that he had purchased the property and home of Frank Pobuda. He proposes to move the home to Riley Lake Rd. and Cty Rd.#1 . Wally Johnson from the Building Dept. inspected the home and requested changes in the wiring and heating. Cardarelle also presented a drawing of the home. Lynch arrived at 7:40. Shurman noted there would be possible future platting of the area where the home would be moved. The building inspection report indicated no problems and the house would fit in with the existing neighborhood. He questioned Cardarelle if he had a percolation test on the property. Cardarelle replied no but felt there would be no problem. Wedlund questioned the zoning. Shurman answered this was zoned rural and asked the number of acres involved. Cardarelle replied '5.19 acres which they have the option to purchase if the house can be moved to this parcel . Bd. of Appls & Adj. -2- July 17, 1980 Krueger related that the Planning Dept. requests a plan in which when the future sewer and water comes through, the property can be divided into smaller lots and assessed accordingly preventing the problem of one property owner with a tremendous assessment. Lynch felt there would be no sewer and water for a long time in this area. Shurman felt the land between City Hal_1 and this area would have to be, developed in order to create a need for sewer and water. MOTION: Lynch moved to approve, Dickey seconded, variance request M80-14 on the findings that it is an existing Eden Prairie dwelling. There doesn' t seem to be any opposition from either the land or home owners. This is subject to the recommendations of Walter Johnson, Building Official , and the Uniform Building Code. Motion carried with Krueger abstaining. 4. Variance Request #80-15 submitted by Robert Schum to allow less square footage per lot at Lot 5, Block 4 Stewart Highlands. Terry Simon, a realtor from Real Estate 5, explained the problem to the Board since Mr. Schum could not attend the meeting. He noted that Mr. Schum built the double bungalow using a survey showing each lotus equal . Somehow the building was not centered creating a shortage of approximately 80 sq. ft. in the lot requirement of 6,500 sq. ft. He finished the double bungalow over four months ago but cannot market it as a single unit. Financing is available only if each unit is deeded separately . The most reasonable solution was to get a variance since the only other way would be a lengthly process changing the legal description with uneven lot lines to obtain the extra 80' . Wedlund felt this request was similar to others where the property was already built. The Building Dept. inspects and approves the construction only to find out after the building is completed the area is short and now the builder must obtain approval from the City for a variance. Shurman said that each lot is 13,000 sq ft. in this development which allows exactly 6,500 sq ft. for each lot after the division. If the lots could have been just a little larger it would allow for error and the need for this variance request-would not be necessary. Wedlund pointed out a past request in this development for decks off the back of a double bungalow. The plan was approved showing sliding doors but the decks could not be built without a variance because of the rear set back requirement. Lynch said the Planning Commission had a hard time accepting the project because it exactly meets the Ordinance with no latitude. MOTION: Wedlund moved to approve, seconded by Krueger, variance request 80-15 with the findings to deny the request would be denying the builder the right to his property and to acquire available mortgage money for the future purchase. This represents an after the fact situation and would not harm the health and welfare of the community. Motion carried unanimously. 5. Variance Request #80-16 submitted by American Legion Everett McClay Post 409 to al.l-ow..an addition 8' from the northeasterly property line. C.L. Warren, outgoing commander of Post 409, asked for the variance request so 19 Bd. of Appls & Adj -3- July 17, 1980 they could proceed easterly 8' to expand their storage area. Part of their garage would be removed since 12'of it is on the property to thenorth of them. This is owned by EBCO and they plan to build in the near future. Since the drawing submitted by the American Legion did not reflect a garage on the N.W. corner of the building, a survey was secured from the files of Justus Lumber in the Engineering Dept. depicting this and the adjoining property to the north. This survey was presented to the Board. Wedlund questioned the rear set back requirement. Schurman said it was 25' since it was zoned I-2 Industrial . Wedlund asked if they had explored other alternatives. Warren replied that they plan 'to eventually square off the building. This project would be in the future due to a lack of money. Paul Heckmann, representing EBCO stated that Thompson Lumber Co. is the real estate property owner of the land to the north of the American Legion. EBCO does not have any conflict with regards to the future plans of the American Legion. Due to the topography this would basically not create any difference. However, any concessions granted are on a one to one basis and must not affect requirements from the City when they plan to implement their construction. Wedlund asked when they would be building. Heckmann said it may be before the City in 1980 but since their company deals with engineering and building products which has been affected by a lack of mortgage money, it may be more realistic in mid 1980 to the late 1981 . Dickey expressed concern over fire protection if the buildings were too close. Warren said there wasn' t any problem because the driveway of EBCO would be at a higher level . Wedlund asked if there would be a retaining wall . Heckmann replied yes. Shurmann said a requirement for a water main would go through the EBCO project up to County Rd. 4 and south to service the Legion and would provide fire protection. MOTION: Lynch moved to grant variance request 80-16, seconded by Krueger, based on the findings that we would be allowing the Legion better utilization of their property. The neighbors to the north have given their approval . There isn' t any problem with the health and welfare of the community. Motion carried unanimously. 6. Variance Request #80-17 submitted by Suburban National Bank to allow two idenifi- cation signs on the building. Present for this request were Roy Terwilliger, president of Suburban National Bank, Keith Steinholt, and Chuck Lerberg from Norquist Sign Co. Terwilliger explained the need for two signs was because of the frontage of the building to Schooner Blvd. and West 78th St. and the frontage to the interior of Bd. of Appls & Adj -4- July 17, 1980 • Ring Rd. The Auto Bank sign which is also located on this property will be moved to the bank/professional building to be developed west of the Prairie Village Mall . The proposed signs will have a;logo for Suburban National Bank. The fabricated plexiglass letters will be individually lighted with brown around the letters. The square footage is 140 sq ft. for each sign and there will be no other signs used except directional signs for parking and the Auto Bank lines. Dickey questioned the outcome of the present Auto Bank. Terwilliger replied that the Auto Bank is a mobile home which will be torn down and the sign will go to the future Eden Prairie Professional Bldg. Dickey questioned if they would be moving out of the Eden Prairie Center and if they are, will that sign be removed. Terwilliger answered that they would be moving out but would have a deposit box for which they are seeking approval . The outside sign would be removed. Wedlund asked about the tenants to be in their building. Terwilliger replied all were leased except one. Greg Nelson Travel Agency, a law firm, real estate office, E.A. Sweeney. In th:e lease agreement, no signs may be posted outside or in the windows. They will be idenified in the lobby of the building. • Wedlund felt a travel agency may want a sign due to their business. Terwilliger said that they would be considered a retail orientated service but he had discussed this with them and they are counting on traffic from the lobby. The bank does not want any signs because the long range study indicates they will be needing the entire 6,000 sq. ft in 15 years. MOTION: Dickey moved, seconded by Krueger, to approve variance request 80-17 for 2 signs since it is understood by the Board that the lease agreement for the tenants of the building stipulates only the bank can have signs on the exterior of the building. Ord. 261 , Page 16, Paragraph F, Slot 1 , states Idenification Signs: One identification sign per building, not to exceed 80 square feet in area. One additional wall identification sign for each tenant having a private exterior entry to a multi-tenant building; such sign being displayed at or near the tenant's entrance, and not to exceed 10% of the wall area that tenant occupies of the wall to which it is affixed, or a maximum of 50 square feet. No sign shall be placed closer than 10 feet to any street right-of-way line. Although the Ordinance allows for signs, the tenants would not be allowed to put their signs on the building. Dickey felt Suburban National Bank is a part of Eden Prairie. There would be no harm to the welfare of the community with the granting of this variance. Wedlund added that it is also a finding that this is a reasonable request and if • the Board denied this request, it would be denying them maximum use from the traffic from the varying streets. The motion and addition passed unanimously. Bd. of Appls & Adj -5- July 17, 1980 • 7. Other Business. None 8. Adjournment. MOTION: Wedlund moved, seconded by Krueger, to adjourn at 9:00 P.M. . Motion passed unanimously. i •