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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 08/08/1991 � s APPROVED MINUTES BOARD OF APPEALS ABED ADJUSTMENTS THURSDAY August 8, 1991 7:30 P.M. City Hall Council Chambers, 7600 Executive Drive, Eden Prairie, MN 55344 BOARD OF APPEAIS MEMBERS: Harvey (chairman)., Freemyer, Wilkus, Akemann, ,Anderson, Weeks, Arockiasamy STAFF PRESENT: ,jean Johnson, Planning Sharon Storholm, Recording Secr'y BOARD MEMBERS ABSENT: Freemyer I. CALL TO ORDER--ROLL CALL--PLEDGE OF ALLEGIANCE • Chairman Harvey called the meeting to order at 7 : 32 P.M. Roll call was taken as noted above. All present recited the Pledge of Allegiance. II . MINUTES OF JULY 11 MEETING MOTION: Wilkus moved that the Board approve the minutes of the July 11 , 1991 meeting as presented. Arockiasamy seconded the motion and it passed unanimously. III VARIANCES A• Request #91-017 submitted by Hidden Creek Development Corporation for' property located east of County Road #4 at Mere Drive Eden Prairie, Minnesota. The request is for a variance from Lake Heights City Code Chapter 11, Section 11 03 Subdivision 2 B (1) to permit proposed Lot 8 Block 2, Hidden Creek with a lot depth less than 100' City Code requires a minimum 100' lot depth: (2) City Code Chapter 12 Section 12 30 Subdivision 12 A, to permit all lots within proposed Hidden Creek without lot frontage on a Qublic street. City Code requires all lots to have frontage on a public street. Withdrawn • Johnson noted that the request will be republished if the applicant returns to the Board of Appeals . MOTION: Anderson moved that the Board table Variance Request 91-017 . Akemann seconded the motion and it passed unanimously. .,, 3 Arockiasamy said he favored granting the 85 ' request. The purpose of the request is not to create an additional lot, just to correct a mistake. Five feet will not make that much of a difference. Anderson and Wilkus had no questions . Harvey agreed with Arockiasamy and suggested that the Board approve option A. The home was built in 1951 and the subdivision took place in the 1960 ' s. A survey was not done at that time. The neighborhood was zoned R-122 . It does not change the density of two homes per acre. Weeks noted that the property isfairly open. A person could not distinguish between 85 ' vs 901 . Harvey said that this is not an issue of setting a precedent. A City Public Hearing process would be required if a higher density was requested. Larry Simonson of 16199 Valley Road came forward and noted that at the last meeting this would not have passed. Now, he feels it could. He would like the rationale as to why the Board seems in favor of it now. Dave Rasmussen of 16275 Valley Road came forward and said that he had no serious opposition at this time. Arockiasamy responded to Simonson as follows : When the Board considers a variance request, it listens to input from the applicant as well as from the audience. Then, the Board needs to justify the granting of the variance if it is in favor of the request. The extent of the variance or the number of variances will try to be minimized. Mrs. Nicholson ' s request is valid. The Board tries not to disrupt existing ordinances and also gives merit to Simonson ' s and others concerns on the issue. Now, it is evident that the easement process will not be acceptable to the Mortgage company. Arockiasamy said he had gone to the site this week and felt that the difference between 85 vs 90 feet would not be noticable. Some of the options suggested would make the issue unnecessarily complicated. At this hearing, the Board is only trying to correct something unintentionally done in the 19601s . Harvey said that the Board tries to listen to input from all sources . Perhaps the original request is the most desirable now. Weeks said that there are no natural boundaries to define the lots . A slanted property line would satisfy the neighbor ' s .concerns , but it would only be a technicality in this case. MOTION: Arockiasamy moved that the Board approve variance request 91-021 as submitted (Option A) finding the density of Eden Heights subdivision is not changed and clear title to the existing home and vacant lot is corrected. Option A will allow for a minimum of 19 . 4 ' between the existing home & new home. Anderson seconded the motion. 2 .. i B• Request #91-021 submitted by Kathlvn M. Nicholson for property located at 16201 and 16281 Hilltop Road Eden Prairie Minnesota The request is for a variance from City Code Chapter 11 Section 11 03 Subdivision 2 B Option A (1) to Hermit a 4'1" side vard setback from the proposed west lot line for the existing, home at 16201 Hillt )p Road. City Code requires a 15' side yard setback in the R1-22 Zoning District (2) to permit proposed Lot A with a lot width of 85'. City Code requires a lot width of 90' (3) to permit proposed Lot A with a lot size of 19 125 square feet City Code requires 22.000 square feet Option B (1) to permit oroDosed parcel A with a lot size of 20,200 square feet City Code requires 22.000 square feet (2) to permit a 0' side yard setback for the existing home on parcels A and B City Code requires a 15' side yard setback Option C to permit a 0' side yard setback for the existing home located across the lot line of proposed Lots A and B City Code requires a 15' side yard setback. This variance request was continued from July 11, 1991. Kathryn Nicholson came forward and said that the Title Company • did not accept the idea of the easement which was suggested at last month' s meeting. The purchaser of the next lot would have to deed back to her any property of hers that is over the line The best solution is still to draw anew straight line. She would prefer that 85 ' and 115 ' line be drawn. Option B would work ( 90 ' at road and 85 ' at bottom of .lot) but an easement would still be needed in order for her to walk around her house. 85 ' all the way would take care of any problem. She has contacted almost all the neighbors and all agree with the proposal. It is not affecting anyone in the neighborhood. Johnson said that based on the information from last month' s meeting, three options were published--this will give some flexibility to the Board. Staff has received other correspondences in favor of the request (John and Caryl Hanson letter ( in favor) and a separate petition with signatures from 23 households in the neighborhooc that was also in favor of the request. Weeks asked if 90 ' could be maintained at the street and less at the rear lot line. Johnson answered yes , it could, but the City Engineer is not empowered to do complex line divisions (only simple straight line divisions ) . Weeks said that no alternatives were suggested on the petition. • Nicholson answered that the petitioners did not know what the decision would be at the time they signed it. She added that the Mortgage Company' s refusal had come prior to the signing of the petition. j 4 Weeks offered an amendment stating that no additions to the existing home should be closer than 15 ' from the lot line. Arockiasamy accepted the amendment. He added that the home can be rebuilt on the same footprint, but any new home on the property would need to meet the required setbacks . Motion passed unanimously including the amendment. . Harvey recommended that Nicholson get .the property surveyed and recorded at her earliest convenience. C. Request#91-022, submitted by Midwest Asphalt Corporation for property located at 6401 Industrial Drive. Eden Prairie Minnesota le2ally described as: Tracts D E. and F, R.L.S. 1280 The request is for a variance from City Code Chapter 11 Section 11.03 Subdivision 2 B to permit a building addition with a front yaard building setback of 26' City Code requires a 75' front yard setback David Blanski of Midwest Asphalt came forward to present the variance request. He said that Midwest has operated in this area for over 20 years . It is an asphalt plant and also recycles old asphalt pavement. The State has changed it' s policy on testing bituminous mixtures and as a result, Midwest now needs to meet certain testing requirements .Equipment needs . to be purchased and installed.. There are problems with expansion. They are requesting an addition to the structure where they can do the testing ( it would meet code) . He noted that there is concern on the stockpile heights . At one time, they had reduced , the ground height where the stockpiles are now located. The tops of the piles are now lower than the previous ground height. There is screening on the west, east and south. The City con- demned the area for Eden Vale Boulevard and this opened up the sight lines. Midwest is not the only business on Eden Vale Boulevard with visible outside storage areas . In front of the building seems to be the only feasible direction to go with the expansion. From the front of the building to the gutter is 60 ' . Midwest employs 100 people and and has a $50, 000 per week payroll. Johnson noted that when the notice was published, it stated 26 ' setback. Actually, 28 ' is requested.Also, on the map, the tree plantings should have been placed in a kidney shaped area instead ( she indicated where this was located) . Staff suggests additional plantings along Eden Vale Boulevard and • also control on the height of the piles . Wilkus had a question on the property line in front of the building. Johnson noted that this had been a cul de sac at one time. 5 Discussionand stu dy of aerial photo took place. Wilkus said that. the existing building is 53 ' from the property line. Anderson asked why the variance was needed? What is the hardship? Harvey answered that is was needed because of zoning district . changes after the plant was built. New setback requirements were enacted. Properties that did not meet these new require- ments were permitted, but were non-conforming. Arockiasamy asked if this was an opportunity to clean up the .area. Johnson answered yes--planting, etc, would make for a better appearance. Harvey noted that the other recommendation is to lower the height of the stockpiles. Blanski said that 400 of the dollar volume revolves around the stockpiles . They will not get higher than they are at the present time. The crusher is not on the site. Other locations • are at New Brighton , Lakeville, or at J.L. Shiely Co. The crusher is a mobile piece of equipment. The sand is higher than the bituminous and not one has complained. Johnson said that no one has commented on the variance request., but they have had complaints from industrial users across the tracks on noise and dust (which settles on cars ) . Blanski answered that in one instance, a car was spotted, but it turned out that it was caused from paint coming from Suburban Gas Co. In response to questions from Arockiasamy, Blanski said that the aggregate piles could not exceed 301 . The sand presently exceeds that figure. Arockiasamy suggested some limitations be set on the height. Akemann felt the Council should handle that limitation. Arockiasamy said he understood that when the Board grants a variance, it can set conditions . Years ago, the piles were not 30 ' high, but business can increase. Business may still grow and this will affect the heights of the piles . Johnson noted that material stored outside must be screened. • Blanski said that the existing mechanical structure is 55 ' high. If the pile is reduced, the machinery will be visible. Johnson said a higher pile would be more subject to wind erosion. Blanski said pieces of asphalt do not blow away. There is strictly a bituminous chunk pile closest to Eden Vale Blvd. 6 Harvey said that height limits can be set as a trade off for granting the variance. Arockiasamy suggested that a 30 ' limit be enacted in addition to screening requirements . Weeks asked how high the sand pile could go. Blanski answered that it is at maximum height now. It has been at least 80 ' high. It is really as high as it can be now. Weeks said he has no problem with the building variance, and feels that the sand and bituminous piles are separate issues. MOTION: Anderson moved that the Board approve variance request 91-022 as submitted with the finding that the expansion area is not coming any closer than the existing building. A condition is added that screening be added on Eden Vale Blvd. The hardship demonstrated is that the building was built before code was rezoned. Weeks seconded the motion. Arockiasamy asked what the difficulty was in • setting limitations on the height of the stock piles . It is a valid process when a variance is granted to correct a non-conforming issue. Wilkus noted that the screening required in the motion will screen the area from Eden Vale Blvd.. Arockiasamy asked if it at all times will be screened effectively. Blanski said that 6 ' evergreens would screen the piles at this height. The height of the piles is self limiting. Arockiasamy felt that with modern technology many things are possible, even additional height on these piles . Harvey agreed with Arockiasamy--the height should be no higher than present height. Amendment: Anderson added amendment to state that height of stockpiles should be no higher than 30 feet. Weeks seconded the amendment. Motion passed(w'ith amendment) unanimously. Anderson suggested that Johnson work with Midwest • on the location of the plantings . t.I � 7 r IV OLD BUSINESS Johnson said that the Beach Road house is making progress . A foundation is being reconstructed for it now. Harvey strongly recommended that the City Attorney pursue the matter and make sure the home gets placed on the foundation. V NEW BUSINESS Johnson noted that so far there is one item for next month. It concerns a deck and a rear yard setback. Akemann had questions about the property at Singletree Lane and Prairie Center Drive. Johnson answered that clay had been mined out of that area and now it will be regraded. Johnson noted that there has been an inquiry on signage for Preserve Village Mall on 18 and Anderson Lakes Pkwy. They are considering cluster signage. Harvey noted that Durham will be leaving Eden Prairie on September to pursue a career in Philadelphia. The Board wishes to extend to Durham their sincere thanks for his years of excellent service to the City. He has made many contributions and improvements during that time. Best wishes are extended to Steve in pursuit of his new career. VI . ADJOURNMENT MOTION: Anderson moved that the Board adjourn. Weeks seconded the motion and it passed unanimously. Meeting adjourned at 8 : 55 P.M.