HomeMy WebLinkAboutBoard of Adjustments and Appeals - 09/20/1982 - Special .'APPROVED MINUTES
BOARD OF APPEALS AND ADJUSTMENTS
. MONDAY, SEPTEMBER 20, 1982 7:00 P.M. CITY HALL
BOARD OF APPEALS MEMBERS: Chairman, James Wedlund, Richard Lynch,
Ron Krueger, Roger Sandvick, and James
Dickey
BOARD STAFF: Wayne Sanders, Building Official and
Lynda Diede, Recording Secretary
ROLL CALL: Ron Krueger was absent.
I. VARIANCES
A. Request #82-22, submitted by Clean Sweep Inc. , for property located
at 9125 Flying Cloud Drive. The request is for a variance from 1
Ordinance #135 to allow a house to be used as an office in an I-2
zone, 2 Ordinance #135, Section 8, to allow outside storages_,
3 Ordinance #135, Section 2.7, to allow a building with an outside_
finish of metal panels.
Eugene Hanson, owner of Clean Sweep, stated his business has been
in operation since 1959. His offices have been in Eden Prairie
since 1965. A fire in February of 1981 destroyed his shop and
office. The office moved into the house at the same address. Their
plan is to rebuild the shop and office at the same location on
Highway #169.
Request #1 includes allowing his house to be used as an office for
a period of 72 months. This would provide rental income. It would
be painted or new siding put on it.
Wedlund inquired if an application has been made for rezoning. Hanson
said yes, he plans to meet with the Planning Commission in one week.
Lynch wondered if it was commercial or I-5 zoning. Hanson said he
was led to believe that the adjacent land was to be zoned I-2.
Hanson commented that his problem lies with his six street sweepers.
Request #2 is to allow a place to park them in the winter. He has an
area that is screened with a board fence. There are also high density
trees and a berm that hides the machines from the street.
Wedlund stated that I-General is for outside storage. He wondered why
he was asking for I-2. Hanson thought I-2 was all he could get.
Request #3 is for a pole building 64'x 30' to be built behind the
new construction. The outside finish would be metal panels. It
would provide a place to store his off season equipment and protect
them from vandalism.
Sandvick raised the question of noise and pollutants. Will the
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Board of Appeals and Adjustments September 20, 1982
proximity of the machines to neighbors be objectionable. Hanson
said there will be future expansion; that is why he has planned
the building there.
Lynch inquired if he intended to use the house as an office.
Hanson stated he would like to rent it as an office.
Orville Hein, 9135 Flying Cloud Drive, is concerned if the
variance is approved as Industrial , what effect it would have
on homeowners.
Lynch asked if the variance were granted if the home would be
upgraded. Hanson replied yes, he would paint it and explore
the cost of siding. It would be a long term project.
Lynch asked if the house would be taken down then. Hanson said
yes, it would be removed.
Sandvick asked how 72 months was agreed upon. Hanson stated it
was the term of his mortgage.
Dickey commented that he does not have a lot of land. Will he
try to buy any adjacent land. Hanson said he has approached
Hein, but does not have any plans at this time to buy more.
• Hein said he doesn't like what Hanson is putting in for fill
such as boxes and cans. When the rain comes it washes down.
He showed photos to the Board taken of the debris that is used
for fill .
Sandvick inquired if these were sweepings from the street cleaning.
Hanson said yes. He plans to seed the area in sweet clover.
Dickey objected to the refuse. The City must act upon it as it
is clearly a violation.
Hein commented that they have their own well and fear it could
become contaminated.
Wedlund suggested the sweepings be brought to the landfill . He
wondered if the sweepings made good fill for berming. Settling
is bound to occur. Sanders stated that cap soil would be needed.
Discussion ensued regarding the zoning required. Everything
hinges on the zoning. Lynch stated he should have had the zoning
before the request. Sandvick felt Hanson was misled; if he gets
the zoning the variance can be decided. The Planning Commission
will have to deal with the issues at this point.
Sanders stated if need be, Hanson can return to the Board of
Appeals concerning his metal building.
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Board of Appeals and Adjustments September 20, 1982
MOTION: Sandvick made a motion to refer to the Planning
Commission for proper zoning of this property.
Lynch seconded the motion with the following
amendment: if the Planning Commission can act,
Hanson would receive a refund from the Board of
Appeals. Dickey abstained. Motion passed.
II. OTHER BUSINESS
None
III. ADJOURNMENT
MOTION: Dickey moved, seconded by Lynch, to adjourn the meeting at
8:00 P.M. Motion carried unanimously.
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