HomeMy WebLinkAboutBoard of Adjustments and Appeals - 10/15/1981 BOARD OF APPEALS AND ADJUSTMENTS
:APPROVED MINUTES
• Thursday October 15, 1981
7:30 Pm. City Hall
BOARD MEMBERS: James Wedlund, Chariman STAFF: Wayne Sanders
Ronald Krueger Building Official
James Dickey Betty Shaughnessy
Roger Sandvick Recording Secretary
CALL TO ORDER-ROLL CALL
1. Minutes for August 20,1981, regular meeting.
MOTION: Moved by Wedlund to dispense with approval of the minutes for
August 20, 1981, due to lack of quorum.
2. Minutes for September 17, 1981, regular meeting.
MOTION: Moved by Dickey to approve the September 17, 1981 minutes. Sec-
conded by Krueger. Wedlund abstained.
DECISION: The minutes of September 17,1981, approved. The minutes of
August 20,1981, will be presented at the November 19,1981
meeting.
3. Variance request #81-29 Submitted by Mid-America Homes Inc., Located at
7741 & 7747 Mitchell Rd..— Parcel 205 North of Hwy.5 and East of Mitchell
Rd Requesting a variance from Ord #141 Requesting a variance in the
parking stall width from the required 9ft to 8 5ft Also requesting for a
plan approval of up to ten less parking spaces than required in Ord. #141.
John Kosmos of K.K. Design was present to represent Mid-America Homes.
There was no representation from the public.
Kosmos explained that the parcel of land was approximately five acreas in
total. Approximately only two and a half of that was useable, because of
Purgatory Creek restrictions. He stated they had worked out a solution so
that they could move all parking inside of the lines and would not disturb
any ground in the back. To do that they would have to take the ratious and
divide it up to provide 8.5 measurement along the center line of the stalls,
to be able to come up with the proper :count they need :for ;the building size.
24,000 sq.ft. is what they were proposing and that would require 122 stalls.
Kosmos showed the board a drawing of the parking area, showing parking at
three different locations. . The smallest dimension was 8.6" at the extreme
end of the stalls and if you went 20ft. from that you would actually in-
crease larger than 9ft. the required width. The average never being less
than 9 ft.
Wedlund asked if Kosmos made a comment that they had the correct amount of
spaces.
(2)
Continued variance #81-29
Kosmos replied that his understanding was that they met the required amount
of stalls.
Sanders asked what the gross floor area of the building was?
Kosmos replied, a little under 24,000sq. ft.
Sanders asked if the building were to be used for office space only. It would
depend on the use, a small restaurant or a big conference room etc. would change
the picture.
Kosmos stated the projected use of the building would be office condos. It
would be strictly used as a office. The building style would be a pre cast
structure.
Sanders asked if they were providing at least 122 stalls.
Kosmos replied, that they were going to have at least 122 stalls using the num-
bers that they are using now, 8.5" on isle side, which does meet the requirement
of 122 spaces.
Sanders asked if they had the 25ft. backup radius out of the parking places.
Kosmos replies, yes , it is 20ft.
• Sanders stated that it should be 25ft. The point that he was trying to make was
that if a large car were parked there they would take 25ft. to backup.
DISCUSSION: The board and Sanders discussed the length and` the location of the
parking spaces, also the occupancy load of the building.
Dickey asked what the shortest distance was between the curb and a parked car
as far as getting a emergency vehicle thru.
Kosmos replied, that the driveway going thru is 24ft. and one entrance is 20ft.
DISCUSSION: The board, staff and Kosmos discussed the different entrances and
exits for the parking area. And what if any, entrance could be
used by emergency vehicles. Kosmos stated that he could remove a
couple of parking spaces at the entrance coming off Hwy 5 enter-
ing into the parking lot if necessary to make more room on that en-
trance for emergency vehicles. Wedlund asked if Kosmos wanted to
make a comment about assigning particular stalls to compact cars
only. Kosmos added that the parking stalls that have the reduced
area could be designated as parking compact cars only.
MOTION: Moved by Krueger to approve variance #81-29, Submitted by Mid-America
Homes. Requesting reduced width of parking stalls. The request is
reasonable and will not create a hardship on the residents of Eden
Prairie. With the stipulation that the fire marshall and the building
inspector review the plan to see if there can be some modifications made
. to make it easier for fire vehicles and emergency vehicles to enter and
exit the premises. Seconded by Dickey. Approved unanimously.
(3)
4. Variance request #81-30 Submitted by Mit eyls.sprinkler Systems, Located at
14380 Pioneer Trail Requesting a variance from Ord. #135 Sec. 7 requesting
to build a Pole Barn, (a wood structure with a metal clad exterior) for storage.
• Wedlund asked if there was anyone present for the variance other than the petit-
ioner.
There was no response.
Miely Gjertsen was representing Miley's Sprinkler Systems.
Miley stated that he wanted to put up a Pole Barn for storage. The ordinance
states that a block building would be allowed. But he explained that type of
construction would be to expensive for storage.
Wedlund asked if the city had allowed other Pole Barns to be built.
Sanders replied that Pole Barns are not prohibited, it's just metal exteriors
that do not meet the requirements of Ordinance #135. Sanders stated that in
previous years they had asked for a brick front and they would accept the re-
mainder of the building in metal, although it had been a problem. The city,
planner and City manager and myself have talked it over and decided to go back
to the council and get their interpertation of the zoning ordinance. As we read
it now an all metal building is not allowed.
Miley stated that the building that they planned on building was just like the
ones at the new airport. Not the old galvanized type. He showed the Board a
brochure of the Pole Barn. He stated that it would have a commercial grade roof.
It has a 401b. per.sq. ft. rating. He also stated that the building would not
• be seen from the roads. It would be surrounded by trees. He showed the Board
that the entrance to the building comes off of Hwy. I and around to the back of
his other building.
Wedlund asked when would the Board receive a reply from the City Council on this
matter.
Sanders replied, that he was not sure.
DISCUSSION: The Board and Miley discussed other Pole Barns and metal buildings
in the area and what effect the appearance of such buildings have
on the community. Wedlund asked what the zoning was in this area?
Miley replied, that it was rural. Wedlund asked if the building
would have a foundation? Miley replied no. It would not have
footings or a floor.
Sandvick stated that they would have some time to review this variance since the
question of this matter has been presented to the council. He stated also that
the Council may not act upon this at their next meeting although it should give
the Board a better interpertation of the ordinance. He requested that the Board
should table the petition until the City Council has addressed itself to it.
Wedlund stated that a request could be made to the Council by the building dept.
requesting that the council act upon this as soon as possible.
MOTION: Sandvick moved that variance request #81-30 be postponed until the Board
has had a reply from the City Council as to their interpretation of Ord-
inance #135. Wedlund seconded. Notion granted.
DECISION: Miley was informed by the Board that as soon as some future meeting
could be arranged Sanders would contact him.
(4)
Minutes for the meeting of October 15, 1981.
Variance request #81-31, Submitted by Paul R. Redpath, Located at 6609 Golden
Ridge. Requesting a variance from Ord.#135. Requesting to divide one parcel
of 41,400 sq. ft. into two lots of 15,400 and 26,000 sq.ft.
Interested residents present were: Phylis Redpath, Art Schaver 6618 Golden Ridge.
Joanne McKay 6612 Golden Ridge, Jerry Stillman 6601 Golden Ridge, and Janet
Garetky 6622 Golden Ridge.
Redpath presented the board with his request for a lot division. He was asking
for a variance on the lot that the house sits on. Sewer and water is pending.
The feasability study is almost completed. The sewer does not go up Golden Ridge
Dr. . The division would be at the backyard of the existing home where it reaches
the crest of the bank. Redpath stated that he was asking for a variance from the
administrative division with 22,000 at the top of the hill and 26,000 at the
bottom and put the house on a 15,400 sq.ft. lot.
Wedlund asked the reason for wanting to split the property?
Redpath replied that they had planned on building a earth shelter home on the
bank at the bottom of the property. Thats when Mrs. Redpath inquired with the
county about the access for the driveway off of Shady Oak Rd. . They could pos-t
sibly have two saleable lots of 13,500 sq. ft. at the bottom. Where as if they
went for the administrative division that would not possible.
Wedlund asked if they would eventually be planning to divide the property again:
Repath replied, thats possible.
Mrs. Redpath stated she had not planned on registering the division unless sewer
and water were available.
Wedlund asked if they would not be _adverse to the board approving the division
subject to the sewer and water going into their property.
Mrs. Redpath replied she would not, she explained to the Board that she had plan-
ned to sell the property and already had a buyer.
Wedlund asked for a response from the neighbors.
Several of the neighbors expressed their opinions about the sewer and water
being available to them. Redpath responded with an explanation of where the
sewer and water would be-available.
DISCUSSION: The Board and residents discussed sewer and water availability and
whether or not this variance would set prescedence on other property owners in
that area. Sandvick, quoted from ordinance #135 sub.17.5 sec.4 saying that it
stated the following quote: "The Board of Appeals granting a variance would not
constitute a special privilege":
• Redpath interjected with the statement that all R-22 lots in Eden Prairie were
such because of septic tanks and private well systems. Anytime sewer and water
becomes available to the area thay would be allowed to go to 13.5 or R-6.5 which
is smaller. He was asking, rather then a 22,000 division which would leave the
land at the bottom of the hill unuseable he is asking for 15,400, which would leave
the option open at the bottom of the hill. To get the square footage the division
�5)
Cont. Variance #81-31
should be at the top of the hill.
Dickey asked the property owners for the square footage of their property. They
replied as follows:
Stillman 2 acres
McKay 1 "
Garety 3/4 "
Schaver 1 or a little more
DISCUSSION: Dickey asked Krueger if he would give his opinion. Krueger replied,
that Redpath could receive a lot division from within house and did
not need the Boards approval. But the size of the piece of land at
the bottom of the hill is smaller than what he was looking for.
Dickey stated that he understood the residents concern and that was
that the property would be split even smaller later on. He_ ;said_ ____
as he understood the request, its asking for three separate home sites.
Redpath replied that he was trying to get a buildable piece of property
at the bottom of the hill. The Board and residents discussed the
zoning and the sewer and water. They also discussed a feasability
study that was taken in the area. Wedlund pointed out that there was
no sewer and water as yet in the area so the lots could not be divided
into 13.5 zoning. Wedlund asked Mrs. Redpath if she were against
putting a stipulation on the motion, if and when it should be made,
that nothing could be done to the property until sewer and water went
in. Mrs. Repath, , that she would not be against a stipulation.
Redpath reported that as to the feasebility study the property owners
have a option to turn it down with a 100% petition. If the cost would
be so high that the people on Golden Ridge decide they do not want the
study they could turn it down, unless it becomes a health question.
Wedlund asked if there were any futher discussion on this variance?
Sanders asked if they meant that sewer and water had to be available
to both lots. Wedlund replied, yes. Residents asked if this would
set precedence for the rest of the properties. Dickey stated_ that
each case would have to be acted upon individually. If they required
a land split from the board they would have to apply for one.
MOTION: Dickey moved that variance request #81-31 submitted by Paul Redpath, be
approved. With the stipulation as follows:
1. The land division would be granted with the condition, that no building
permit would be issued until sewer and water were available to both lots.
Wedlund seconded. Krueger abstained. Approved.
Variance request #81-32 submitted by Norb Yenish, located at 11580 W. 78th St.
Requesting a variance from Ord. #135, requesting to exceed the maximum floor ratio
on Lots One and Two on Block Two Flying Cloud Center.
Gil Darkenwald and Norb Yenish represented Variance #81-32
No interested parties were present.
Darkenwald stated that the land in question is on Hwy. commercial property that
is not plated. He said if the variance is granted it will be necessary to replat
(6)
• Cont. Variance #81-32
the land. To meet the requirements for land coverage it would be necessary for
Yenish to buy an additional 25,000 sq. ft. of land at a cost of $100,000.00. The
motel does not have a restaurant or conference rooms. Darkenwald showed the Board
a map of the land in question.
Wedlund asked how many rooms the motel was going to have?
Darkenwald replied, One hundred and six (106) .
DISCUSSION: There was a discussion between the Board and Darkenwald about the
future plans for a restaurant, what land Yenish would purchase if
he needed additional land, where the different zoning of properties
began and ended and the percentage of the variance. They also dis-
cussed as to whether or not this request would be a special privilege
or a hardship for Yenish.
Sanders stated that it might be of interest to know that they were allowed a
building of forty feet in height.
Wedlund informed Yenish that he could go four stories and would not exceed the
. lot coverage. The Board expressed their views on going to a higher building
rather then more land coverage.
Yenish asked if it was possible to be granted a certain percent variance.
Wedlund replied, the Board would not object to that request if sufficient plans
were submitted.
DISCUSSION: After much discussion about whether Yenish would have two or three
stories on his motel, Yenish decided that he would review his plans
and maybe submit a new set with a lesser percentage.
Yenish decided to withdraw his petition at 9:23pm.
No action was required.
00
(7)
Cont. variance #81-31
OTHER BUSINESS: None
NEW BUSINESS: Krueger stated that would like to discuss the Schendel house.
DISCUSSION: Dickey asked the board members about how they were going to enforce
their decisions.
Sanders replied with several different viewpoints on how to accomplish
that.
It was discussed between the board members as to what the stip-
ulation was on granting the Schendels variance and what they had not
done to meet that stipulation. Dickey stated that there had not
been any reference to the elevations of the house after it was moved
to the new location. They also discussed the possibility of increas-
ing the deposit for moving a house so they would have some guarantee
of all requirements being completed.
Dickey stated that he-had some calls from concerned neighbors about
the condition of the Schendel house. The board reviewed the drawings
submitted by the Schendels at the time of their variance request.
They discussed the survey elevations and the drawing of the house as
to what the artist expectations were to be once the house was completed.
Sandvick suggested they have the city attorney look into the problem.
• MOTION: Dickey moved that the Board of Appeals vote that the Schendels house be
brought to the attention of the City Manager and the City Attorney. He
stated, it should be noted that they have not lived up to the promises
that were made such as bleaching of the shingles and the landscaping.
The motion turned into a discussion and they decided to confront the
Schendels as to what they were going to do to improve the appearence of the
house and to comply with the stipulations made in the variance request.
Sandvick added that he thought the board should give the Schendels twenty
four (24) hours to comply. He asked if they could make it manditory to
have a certificate of occupancy before any one could move in.
Sanders replied that it would be very hard to enforce.
Wedlund asked if the motion that had been made was seconded by Sandvick.
Sandvick replied he did not second the. motion, he wanted to add to it.
He wanted to say that if in the event the motion was carried they should
act upon it within twenty four (24) hours to the city attorney.
Wedlund asked who was going to second the motion made by Dickey?
Sandvick seconded.
Wedlund stated that a motion has been moved and seconded, that the request
be presented to the City Attorney and City Manager by Sanders as soon as
possible. Approved unanimously.
DISCUSSION: Wedlund suggested that they set up some way of getting things written
(8)
Cont variance #81-32
• down that they would like to have done in the future. It was also discussed what
_they had to do to inforce their decisions and how to improve the procedures for
acquiring a certificate of occupancy so that all requirements were made according
to code before a building permit was issued.
ADJOURNMENT: Sandvick moved to adjourn. Krueger seconded. Meeting adjourned
at 9:50pm. .
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