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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 11/14/1991 N • JAPPROVED MINUTES BOARD OF APPEALS AND ADJUS7KERTS THURSDAY, November 14, 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 BOARD MEMBERS ABSENT: Akemann I. CALL TO ORDER--^OLL CALL--PLEDGE OF ALLEGIANCE Chairman Harvey called the meeting to order at 7: 30 P.M. Roll call was taken as noted above. All present recited the Pledge • of Allegiance. II. MINUTES OF OCTOBER 10, 1991 MEETING Freemyer noted that on page 5 , under New Business, his concern had been on the new Chevrolet sign. MOTION: Anderson moved that the Board approve the minutes _of the October meeting as amended. Arockiasamy "seconded the motion and it passed unanimously. III.VARIANCES Chairman Harvey explained the process that is used in presentation of the variance requests . A. Rfe uest #91-030, submitted by Gregg J. and Clare Roden for property located at 9301 Talus Circle. Eden Prairie. Minnesota. The request is for a variance from City Code Chapter 11 Section 11 03 Subdivision 2 B. to hermit a minimum side yard setback of 3.83' on one side and 9.60' on the other side. ity Code, mgr uires a minimum side yard setback of 10' on one side with a toil of 25' on both sib,. Gregory Roden came forward to present the variance request. He explained that he had purchased the home in May and now the survey has shown a discrepancy. He had spoken with the builder who had • responded that surveying is not an exact science. The home is not place correctly on the lot. Roden said that he did not create the problem and the cost to remedy the situation would be prohibitive. M 2 Johnson said that the lot isin thelarge preserve Planned Unit Development. There should be no less than 15 'variance for both sides . City Code requires no less than 101 . There is no easement problem at this time--the city may vacate it. She has received some calls, but they were just inquiries . Freemyer said that houses are staked by land surveyors . They use offset stakes--they should still be in the ground. These should enable the builder to be close to the intended location. The builder may have been distorting the process. Arockiasamy, Weeks, Wilkus, Harvey had no questions. Steve Regal of 9299 Talus ,Circle came forward and said that his home was in the area first. When this home was being constructed, h-e --felt-..it was too close. His home is lower than the Roden home and he -had been concerned about the drainage- probiem.. He -had registered a complaint when the home was under construction. He -1- had gotten a plat and it had indicated 5 ' --he had asked that this be verified. The verification did not take place. He believes that the value of his home has suffered because of this construction and would like retribution on taxes and intends to file for that. He is also concerned on the water drainage problem. The city was negligent in this matter. Bothfront and rear of the home are closer • than they should be. He said he did not feel good about this matter at all. There is a vast discrepancy in the assessed value of the homes . Harvey asked if Regal knew the process for protesting the taxes on his home. He suggested that Regal call Johnson if not. Harvey said that there is not a good solution to the problem. Johnson noted that the variance was published to permit a minimum side yard set back. The proponent would not have to return for the living quarters problem. Anderson moved that the Board approve Variance Request 91-030 as submitted with reference to the survey -- dated May 17, 1991. The unique circumstance is that the proponent did not create the variance. Wilkus seconded the motion and it passed unanimously. Arockiasamy asked if Roden can expand or build on to his home along this side. Johnson answered no. B• Request #91-027. submitted by Scott Moss for grol&rty located at 9464 Creekwood Drive, Eden Prairie, Minnesota The request is for a variance from City Code, Chapter 11, Section 11,50,Subdivision 6 C.to perffiit an existing deck and imposed • addition 68' to the Ordinate High Water Mark of Purgatory Creek, City Code requires a 100' setback from the Ordinary High Water Mark. 3 • Scott Moss appeared to present the variance request. He said he had been a resident of Eden Prairie for 4 years . He would like to. remove the deck and add an addition to the home. The house is small and since he purchased it he has gotten married and had a child. There is a possibility that a grandparent may move into the home in the future. He needs more room. The addition would be no closer than the present deck to the neighbors property. It would be slightly larger than the deck, however. This addition would be like a four season porch--100% glass and metal. Johnson said she had received a letter from Tony & Louise Pesola who are opposed to the request. This home was constructed prior to the Shoreland Code. She has had some calls . The Pesolas had called _that afternoon expressing their concerns that they are gbserving construction_ at a greater _distance _than_presently_ allowed. They were not- advised by._Moss , of this-construction: _ Johnson_ asked Moss if the holes were similar to the ones outlined in the proposal. Moss answered that they were and that this digging was taking place now before the frost makes the ground too hard. Pesola can view this proposed addition from only one window--a bedroom. Harvey asked if the retaining wall is 68 ' from the high water mark. • Johnson said it was close to that figure. Weeks asked Moss about the letter from the Pesolas . Moss answered that his wife had intended to speak with them and she is not in town at this time. He was suprised at the letter. Weeks had questions about a stud wall in the drawing submitted. Moss said that it had to do with the contour of the ceiling. He is using treated wood where required. The contractor submits specifications . Arockiasamy asked if -there was a similar situation last month. Johnson said that there was--in fact, it was next door. Mr Wallace of 12465 Sunny Brook Road spoke up from the audience and said that the Minnesota Legislature had revised the standards towards shoreland management. They are moving towards 300 feet now, not less than the present requirements . Arockiasamy asked if a solarium is considered part of the house. • Johnson answered that it was. 4 • MOTION: Weeks moved that the Board approve Variance Request 91-027 as submitted finding that the variance is not further extending any structure (deck and solarium addition) closer to Purgatory Creek than the existing structure. The hardship is that the home does not comply because it was built prior to the enactment of the ordinance. Freemyer seconded the motion and it passed unanimously. C. Request#91-028,submitted by Associated Investments Inc./Golf Pointe for property located south of Valley View Road east of the abandoned Northwestern Railway, Fen Prairie, Minnesota. The request is for a variance from City Code Chapter 11, Section 11.03.-Subdivision 2 B (1) To permit lot frontage for proposed Lot 5 of 33'. City Code requires 85' (2) To permit a 0' driveway setback for porposed Lots 1. 23, and 4.-_City Code requires a 3' side yard setback: Tom Robertson of Associated Investments came forward to present the request: He noted that this project was approved in 1988 for 15 townhomes . Because of the Graffiti Bridge indecision, construction was delayed. Now he had come back with the present proposal for five single family lots . This could be done according to City Code, but that would not work out as well as the plan being presented this evening. The Planning Commission has passed the plan because it serves the site better. Another objective in this layout is to • minimize the access to Valley View Road. Johnson said that Valley View Road is a major East-West collector street. Staff felt that shared driveways were advisable. They believe an adequate T-turn around or pad is necessary to eliminate the need to back up on to the road. Robertson said that this has been incorporated into the plan. Anderson and. Wilkus had no questions . Weeks was concerned that in instances where driveways are shared, who is responsible for snow removal? He asked about the distance from the property line to the curb line. Johnson said that this would be a private contract situation. The distances that Weeks asked for were 26 ' on the west, 22 ' in the middle, and 20 ' on the other end. Harvey asked Robertson how the lots would be marketed regarding the shared driveway issue. Freemyer felt a covenant may be needed regarding such problems . Robertson said he did not believe it would be a problem, but. • he could work with Staff to meet the satisfaction of the Ba ard. Wilkus asked if the property owners could get a driveway on Valley View Road. Johnson said they would need to apply, but the fact that tftey 5 already have a driveway would be considered. Freemyer said he was impressed with the layout of the plan. Arockiasamy said it may be that future owners would not be aware of the conditions regarding maintenance of the driveways. Robertson said that he will work with Staff in any way the Board wishes to make this clear to the buyers . This plan is the best u-se of the property. -_�_MOTLON: _,Arocki_asamy moved._t_hat, the Board__approve Variance Request 91 028 as submitted finding the variance ,_,requested serves the following purposes: — —A'.--Promotes public ..__safety by limiting the number of driveways accessing Valley View Road. B. Provides the most efficient utilization of the property for single family development without compromising the R1-13.5 Zoning District mimimun requirements . A condition shall be added that no other driveways • are allowed in the future and that Robertson will work with Staff to communicate to the buyers that there will be joint maintenance of the driveways and that no other driveways will be allowed. Wilkus seconded the motion and it passed unanimously. D. Request #91-029 submitted by American National Bank as Personal Representative of the Estate of Clara Heath for property located at 7665 Smetana Lane Eden Prairie Minnesota. The request is for a variance from City Code. Chapter_ Section 11.03. Subdivision 2 B (1) To ner_nuA a rural lot size of 1.95 acres. City Code requires a 10 acre minunum lot size (2) To permit existing house 90' from the Ordinary High Water Mark of Nine Mile Creek. City Code requires a 100' setback. (3) To permit a minirnum lot size of 1.95 acres adjacent to General Development Waters. City Code Shoreiand Code requires 5 acres. Harry Niemyer, an attorney from St Paul, appeared to present the variance request. He was representing the American National Bank. He said that they had been trying to sell the Clara Heath property for about 8 months . There is a problem particular to this property. The home is 90 ' from the flood plain. A minimum of 100 ' is required. He would like a variance to permit the home to be rebuilt in the event it should be 50% or more destroyed. This variance would permit it to be rebuilt at the present setback ( 90 ' ) . In this instance, the grandfather provision may apply. This property was existant before your regulations existed. There was a suggestion • made that the out buildings be torn down as a condition. These are sizable buildings and the cost would be a lot. The person who suggested this condition was a low bidder on the property. _ He said that he understood that if those buildings were removed, they could not be rebuilt. 6 Johnson noted that the barn and the other building are in the flood plain. If these buildings were destroyed, they could not be rebuilt. The house is 6 ' above the flood stage of the creek. The Watershed District Engineer has no problem with the variance. Two or three neighbors were concerned with the outbuildings. Johnson had told them that these buldings were not covered in tonight' s action. She presented photos of the out buildings to the Board. Niemyer said that the buildings were 20 by 40 and 24 by 24. No one resides in the home presently. Freemyer asked if there would be a parcel split._ Niemyer answered no. He just wants acceptable confirmation that this is an acceptable lot. Johnson responded to a question from Freemyer regarding the buildings by stating that these buildings are legal non-conforming structures . They could be better maintained. Freemyer said conditions could be attached to the variance. Niemyer said he did not know what the cost would be. Removal • of the buildings is a separate issue from the variance request this evening. Niemyer said they would like the variance granted without delay in order for financial instutions to consider the granting of a loan on the property. He realizes that they have a responsibility to maintain the structures . His concern is that they are being . tied together with the request...._ Arockiasamy_ asked if a variance were to be granted on the house, it would be legally conforming and the buildings would be legally non=conforming.- (Buildings could not be rebuilt, but the home could) -Can--the Board -go--to the extent_ of requiring removal of legally - - .non-conforming buildings? He --felt it- would be extreme to ask them to._remove_ the structures. Johnson said that if the Building Inspector felt they were hazardous, he could require that they be removed. Freemyer asked if it would be appropriate to make such an inspection by the Building Inspector a condition? Niemyer asked if they would have an opportunity to correct any defects . The lending instutution involved was not their bank. • Harvey said that as a condition of the variance, they would be required to have an inspection of the buildings . • Weeks asked if the home were to be destroyed, could it be rebuilt at the same location, footprint, elevation, and high water mark? Johnson answered yes, but the elevation could possibly be lower. Niemyer said this variance would enable financing on the property through a lending institution and even a private cash buyer would be enabled to rebuild if necessary. There is a well on the property, but no septic tank--it has city sewer. Freemyer asked if the Board should consider inspection of the well as a requirement before any new structure could be built. Johnson said that this would be required anyway. Johnson said that -the 56% amount of destruction would be judged by staff and insurance company. MOTION: Weeks moved that the Board approve Variance Request 91-029 as submitted finding that the applicant has not created the variance. The variance is valid only for the residential structure. The approval of the variance shall include the findings in the Staff report. Prior to granting the variance, • the City Building Inspector shall inspect the out buildings for safety and they shall be brought up to the minimal requirements of the City. Freemyer seconded the motion. Wilkus suggested the addition of a condition that if the home is destroyed more than 50%, reconstruction must comply with the conditions set forth tonight. Johnson said that if the same house would be rebuilt, it would need to be on the same footprint. Notation was made of a letter that had been recieved from William Cherne -that addressed the variance request. He had suggested that the buildings be -removed as a condition. E. Request #91-031, submitted by Edison Sign Company for property located' at Preserve Village Mall at the southwest corner of County Road #18 and Anderson Lakes Parkway, Eden Prairie, Minnesota The request is for a variance from City Code, Chanter 11, Section 11 70Subdivision 4,B (1) to permit transfer of the wall si ns permitted for each tenant space located on the west and south elevation to the east elevation facing County Road #18• (2) To permit the total square feet of wall sIgIIS on the east elevation of 1055.25 square feet City Code permits 490 square feet for the east elevation. • Mr Turner appeared to present the variance request. He said they would like to transfer wall space. This center has difficulty keeping interior tenants happy because of lack of exposure. 8 Johnson said the design of the center is similar to Prairie Village Mall. In the newer style centers , all tenants have exterior walls. It does not benefit in this instance to put additional signage on the north or south sides . The west is residential. The east wall is for tenant space. * Arockiasamy left the meeting at 9 PM. Turner said that the tenants have requested the signs. The sign cabinets will be smaller than those on Prairie Village Mall. ( 20 sq ft as_ opposed to 27 sq. ft..) Weeks- _asked what colors have been selected. 'for the signs . Turner -answered--_that the colors -would be_ all :red backgrounds with-white lettering. There would be a minimal amount of logos and the cabinets will be bronze colored. The pylon will be used for special sales and a reader board.At the stop light (going south on 18 ) people will be able to see that there are many internal tenants . The height of the lettering will vary according to the length of the name from 8 to 11" . Anderson said if this were to be granted, up to 1419 sq. ft would • be allowed. IU the mall were to be built today, it would be allowed . Harvey asked if this were a strip mall and all the tenants had access to the outside, how much signage would be allowed? Johnson said that would be hard to determine at this point. One must also consider that signage is expensive. Freemyer asked if Jerrys New Market signage existing now will remain. Turner_ _s.aid that all Mall signage not shown on the drawing will remain the _same. .Only the portion of the mall shown on the drawings will have changes . _ Wilkus asked-about .the north elevation. Turner said it will stay the same--no additional signage. Johnson said there will be no signage on south or west walls . Freemyer felt the Eden Prairie Liquor sign should come off the mall entrance and go into a box. Now, it would be adding to the signage for Eden Prairie Liquor. • Turner said there were two reasons for Eden Prairie Liquors major sign: 1 . It was requested As a mRjor tenant, they could have their own sign. 9 • Wilkus suggested the elimination of two boxes and let Eden Prairie Liquor have the large sign. Turner said if Eden Prairie Liquor should move from the mall, the large sign would be removed. Then that areas would be divided into 2-3 signs . Harvey said that all permitted signage could be 1419 on all four sides . This is a sizable variance request. The purpose of the signage is to tell people there are other tenants in this mall. The pylon sign communicated that message. People who drive by on 18 cannot read those signs . Turner said the situation at Prairie Village Mall is made worse by the-trees.:-in the area-Also, 2..there _.are lots--of _logos- and type styles. He wants readable type and minimal logos in .this instance--there is _no _tree._.obstruction. Still, ..it will be somewhat difficult to read from 18 , but one can see that there are more tenants. Harvey asked how the tenants were getting business now Mr Gibson said that they do newspaper advertising and some radio and T.V. advertising. It is hard to keep the mall full and will be worse when Cub opens up. Turner said that tenants have come to him and asked for more exposure. They are hurting now. Harvey felt that most customers come in for the anchor tenants and after they get there find there are specialty shops there too. Gibson said that is not true anymore. The situation will be much worse when Cub opens . Turner said the directory sign was not practical. Harvey said . illuminated boxes on a wall do not add to the attractivness of the mall. He did not think this is the answer to the problem--there are other alternatives . Weeks said he agreed with Harvey. He did not have a problem with the square footage, just the use of it. He suggested eliminating some on the north to make the box signs more readable. He asked why the color red was chosen for the mall shops sign. Turner said it would be located in the middle area between the anchors because there is no other logical location. I_t would tie in with the other signs there now. Weeks asked what exactly was meant by the statement that the tenants were suffering. 10 • Gibson answered that they were threatening to move. Harvey felt that a potential customer would look in the newspaper or yellow pages if looking for a certain line of specialty shop. The customer would not just pull into the mall and look for one. This would be going from 495 to 1055 sq. ft on that wall. That is more than a 100% variance. Turner said he doubted that there would be any more malls built in this fashion in the future. The increase would be 54% on the east elevation. Prairie Village Mall had a 75% increase. It is the tenants- who want to- spend money for the signs, not the owner. If the- signs were smaller, it would not help the tenants in any- way.There were- ,other phases: 1. Blue letters that said "Mall:,Shops" - 2. A -7 by_14 directory. TNeither of -these option w s_- orked) : _ _ _. Gibson said that business is tough--signs and visability are needed. Weeks said he did not feel he had enough information to make a decision this evening. He did feel the amount of signage should be reduced. Why was red and white combination chosen? Turner said those colors are very effective in advertising. Harvey suggested that the major tenants give up some signage as A trade off. Gibson said he did not believe they would want to do that. Anderson felt a motion should be placed upon the board. Freemyer said that there is a difference in Mall 4 & 5 and this instance. This is more cluttered--he did not care about ratios or anything else. Turner said he disagreed that this is more cluttered than Mall 4 & 5 . He had analyzed what they had done wrong there. They butted the signs next to each other in a "snake" . He is proposing breaks between the signs . Freemyer asked Gibson about the semi on the property near the hardware store. (another sign) . Gibson said it was storage for snow blowers . It may be empty now. ,The board took a preliminary vote to see what the consensus was . Wilkus , Freemyer, Harvey, Weeks and Anderson all felt-more infor- mation was needed. Anderson suggested alternatives and compromises . Turner and Gibson both agreed that the item should be continued. 11 • MOTION: Anderson moved that the VAriance Request 91-031 be continued to the next meeting. Wilkus seconded . the motion and it passed unanimously. III. OLD BUSINESS A. Beach Road House Johnson noted that more progress is being made. Some sod was laid and it appears to be closed in now. B. GOODWILL SITE This7variance­has been approved on a time -basis . Johnson = said it appears - to be going well. C: EXPIRATION OF TOUCH OF CLASS Johnson had contacted Knutdson and he said they will be - submitting a letter to the Council requesting an extension. - - D. FUNKO LAND It was noted that the banner at Funko Land had been removed. • IV. NEW BUSINESS A.STUDENT PARTICIPATION Johnson explained that in the past the Park and Rec Dept had incorporated students into the board. They have no voting power, but can participate in the discussion. The idea originated with one of the commissions . Anderson $aid she felt this should be encouraged to give them practice. ' Freemyer said he felt there should be two students on a board. B. NEXT MONTH AGENDA Johnson noted that only one item will be on next months agenda. It wasFsuggested that Johnson check on the semi at hardware store. C. DURHAM Harvey noted that November 15 will be Durham' s last day as an employee of the City of Eden Prairie. He noted that he had done a fine job and the Board would like to thank him for this involvement and assistance and wish him well. • V. ADJOURNMENT MOTION: Anderson moved that the Board adjourn. Weeks seconded the motion and it passed unanimously. Meeting adjourned at 10 : 30 P.M.