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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 12/12/1991 • APPROVED MIN[Tffi BOARD OF APPEALS AND ADJUSTMffM THURSDAY, December 12, 1991 7:30 P.M. City Hall Council Chambers, 7600 Executive Drive, Eden Prairie, MN 55344 BOARD OF APPEALS S: Harvey (chairman)., Freemyer, Wilkus, Akemann, *Anderson, Weeks, Arockiasamy STAFF PRESENT: ,.jean Johnson, Planning Sharon Storholm, Recording Secr'y Arockiasamy, Wilkus BOARD MEMBERS ABSENT: I. CALL TO ORDER--:2OLL CALL--PLEDGE OF ALLEGIANCE Chairman Harvey called the meeting to order at 7 : 30. Roll call was taken as noted above. All present recited the Pledge of Allegiance. II . MINUTES OF THE NOVEMBER 141 1991 MEETING 140TION: Anderson moved that the Board approved the minutes of the November 14 meeting as submitted. Freemyer seconded the motion and it passed unanimously with Akemann abstaining. III. VARIANCES I A. Request #91-031 submitted by Edison Sign Company for property located at Preserve Village i Mall at the southwest corner of County Road #18 and Anderson Lakes Parlavay, Eden Prairie, Minnesota The request is for a variance from City Code, Chapter 11, Section 11.70. I Subdivision 4 B (1) to permit transfer of the wall signs permitted for each tenant space located on the west and south elevation to the east elevation facing County Roars #18; (2) To permit the total square feet of wall signs on the east elevation of 1055.25 square feet. Cite Code permits 490 square feet for the east elevation. Mart Turner came forward to present the request . Ile displayed a large layout of the shopping center with the proposed signage . He explained that this layout made the lettering on the signs more realistic , since preciously there had. been discussioi; as t0, i G±v rEalistic the Size of the lettering would be . He explained • the difference in the current signage and the proposed signage . The percentage of increase would be smaller than had been granted for Prairie Village Mall . The only logical place for identity is on the east side . There will actually be only 12 cabinets in use at this time . The liquor store sign is now gone and will be like all the others instead of larger . He noted that there had been 2 • some changes in the size of the signs . The readability of the signs is good and the size would serve a good purpose . The Planning Dept had no problem with the proposal . There has been a precedent set with Prairie Village Mall , but at that site there are many different font sizes. In this instance , the read- ability is good and the sign area is uncluttered and well spaced. Johnson said that since the last meeting there was no new information or comments from adjoining property owners. The sizes of the cabinets and lettering should be clarified. Turner responded that the sizes had gone from 2 by 10 to a new size of 2 by 12 which makes larger , more readable copy. He added that the net difference is 10 sq ft of cabinets . Harvey asked about the difference of 1055 and 1059 sq. ft . Johnson answered that there was no problem with that small amount . Turner noted that the figure of 1055 is signage area and not wall area . Johnson answered another question from Freemyer regarding lettering height at Prairie Village Mall by responding that the height there varies from 6" to 12 or 14" She added that logos are acceptable within allocated sign areas. Turner said that all signs are wired into one circuit--all would be either on or off at same time . He said that additional height on the letters was added to make them stand out more and to compensate for the fact that not all customers have 20/20 vision. Harvey asked if only twelve of the fourteen cabinets would be used at this time. Are all letters the same size? Turner answered yes to both questions. Harvey asked if this were to be granted, would all tenants (new ones also) be required to stay with the same size lettering? Does the owner have control of this? The owner , Mr. Gibson, answered that he did have control of this as tYrere was nothing about s.lgnage In the leases . The thirteenth and fourteenth signs would go up at the same time . Turner- said logo use is discouraged as they take away from the signage . Weeks said that he liked the uniformity of the signs and felt that control should be placed on the tenants to make sure this is kept • in tact . Turner s�iid all the electrical and wiring, is enclosed within the signs . 3 • MOTION: Anderson moved that the Board approve the variance request 91-031 finding the design of the internal mall supports the granting of the variance . The sign code shall be red background with white letters . There will be fourteen cabinets and all lettering will be the same size. The hardship is that this request enables interior tenants visahility (and without the signage this is difficult for the tenants ) .Akemann seconded the rtirets ea 4-1 ` thueen�sgsaT heseequemntss apply toturYena a ;ael B. Request #91-032, Rice Marsh Lake (Windfield), by Penrtom Company, for property north of Rice Marsh Lake. Variances from City Code, Chapter 11 Section 11 50 Shoreland Management Code Subdivision 61 A., as follows: 1) to permit lot sizes less than the required 40,000 square feet for 20 lots (lots range in size from 18,000 - _33,000 square feet) and 2) to permit lot widths less than the required 1-0' at the building line for 16 lots (lot widths range from 95 - 140 feet) Rice Marsh Lake is Classified Natural Environment. Dan Herbst of the Pemton Company came forward to present the request . He explained that the site is 130 acres . The original plan was for 221 lots and this plan is for 201 lots. There will be three entrances now, and before there were only 2 . The goal is to create three neighborhoods all called WindfieI4 ,but broken into three sections called Windfield North, Winfield Meadows , and Windfield on the Lake . This development will be the first in Eden Prairie to comply with Urban run off standards calculated drainage . There will be a complete sidewalk system and trail system. The variance is necessary because under PUD, there are twenty lots that do not meet the specified lot sizes . The upper economic bracket of homes will be located nearest the lake . Also , sixteen of the lots do not comply with the National Shoreland ordinance . As a trade off, the city will take 33 acres of land and will build 8 ' bituminous trails on that land . Since there will be 33 acres dedicated to the City, it will be a lot like Staring Lake . Three will be a trail system with public land along the shore- line . He pointed out the lots in question on a map he displayed . Johnson said that there has been a lot of review by Staff on this request . Also , Planning Commission and Council have r-eview-e(' ir . There has been a gradual reduction in the number of lots . Fis;hteen acres of the land to be dedicated are above the high water mirk . The City is granting a $100.00 reduction per lot on the cash part: fee . This fee is usually 8700 . 00. Harvey noted that the Council had been concerned that the U . 5 District had been established to encourage affordable homes . Often , iho %% ever , large hcmces are being built on small lots . Herbst said that they are trying to keep a i30 ,000 to 150 , C!�")'� price range on the 9 . 7 _lots , but the question always comes up, " h<it is affordable housing'? " Harvey asked now large the house pads were . 4 • Ilerbst answered that in the 9 . 5 area , the pads were different sizes . Johnson noted that the maintenance of the property dedicated to the City would be the responsibility of the City. Freemyer asked if the lots have no legal frontage on the lake , why do they need to meet the Shoreland Management code? Johnson answered that they need to meet these requirements if they are within 150 feet of the shoreline. Freemyer had questions on park signage and also on the price range of the more expensive homes . Johnson answered that there will be park signage as there is a neighborhood park planned on the east side of the lake . There will be cross access for Eden Prairie and Chanhassen residents . Herbst answered Freemyer on the price ranges of the homes by stating that the most expensive will be 350,000 to 450,000 . Johnson noted that the entry point will be on the south end of the lake . A remnant piece may be received by Eden Prairie from the state in that area also. Herbst said that there will be four phases and in each phase there will be a certain number of each price range homes built . Ile added that the new Wetland Ordinance can declare a moratorium for 18 months , but he feels they are in good shape as there are not a lot of wetlands impacted on this site . MOTION Weeks moved that the variance request 91-032 be approved finding that the proponent is meeting the intent of the Shoreland Ordinance and working with the City of Eden Prairie to provide park land adjacent to Rice Marsh Lake and motion to include Staff recommendations 1-6 as noted below. Equitable trade-offs are included in this project . a buffer- zone is maintained on Rice Marsh Lake , the water quality is being maintained , and the City mainrains control of the frontage area . Anderson seconaecl the motion . Freemyer noted that the hardship in this instance is hard to identify, but there has been a trade-off with property dedicated to the City_ and because of this dedication , some of the lots do not mec,t size requirements . staff Recommendations included in the motion : • 1• Prior to Council review, proponent shall: A. Provi�e an architectural diversity plan for the R1-9.5 lots. B. Submit documentation from the Dept. of.Natural kesources and the Army Cor:)s .of.1 ngipeers that the project meets their requirements. 5 • C. Revise the plans to reflect a right-in, right-out only for the center access point to Dell Road. D. Submit a detailed transition plan for berming and landscaping along Dell Road and the Chanhassen industrial park. 2. Prior to Final Plat approval, proponent shall: A. Provide detailed storm water run-off and erosion control plans for review by the Watershed District. B. Provide detailed storm water run-off, utility and erosion control plans for review by the City Engineer. 3. Prior to Grading permit issuance, proponent shall: -A. Notify the City and Watershed District at least 48 hours in advance of grading. B. Stake the construction limits with erosion control fencing. Stake the construction limits within the wooded area with a snow fence. C. Submit a 1" = 50' grading plan for each phase ensuring that the plans are . consistent with City Code and the approved grading plan. D. Submit a 1" = 50' grading plan for the wooded area which reflects 70 building pads and a 25 foot front yard setback. Individual lot grading will be required to comply with this plan. 4. _ Prior to Building permit issuance, proponent shall: A. Pay the appropriate cash park fee. B. Insure compliance with the architectural control policy. 5. A special assesment agreement for Dell Road is required. 6. Provide an easement for the sidewalk along the west side of Dell Road. Motion passed unanimously. Additional discussion of water pollution. • IV. OLD BUSINESS A. Beach Road House Short discussion of progress of Beach Road house . 6 Regarding the Heath estate variance, Johnson noted that there is not a lot the city can do regarding the outbuildings on the • rural site . Two main conditions need to be corrected : 1 . The block building--one side is gone and the building needs to be removed. 2. Locks were put on the silo for safety reasons. B. Touch of Class Johnson noted that the owners of this property have not been to the Council yet, but have inquired what they should do. There are several options, but if there is a lapse in the variance, it may be illegal . V. NEW BUSINESS Johnson noted the next meeting will be held January 9th and there is one variance scheduled so far regarding outside storage of trucks . Bobs Landscaping has been referred to the Police Department and the City Attorney. It is a legal non-conforming use, but the property is very near development . Outside storage of vehicles over 3/4 tons over the winter months on construction sites was discussed. It was noted that no agreement has been signed yet for the • development of the outlet center or signage for it . VI . ADJOURNMENT MOTION: Weeks moved that the Board adjourn. Anderson seconded the motion and it passed unanimously. Meeting adjourned at 8 : 52 P.M. M •