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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 02/13/1992 • UNAPPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS THURSDAY February 13, 1992 7:30 P.M. City Hall Council Chambers, 7600 Executive Drive, Eden Prairie, MN 55344 BOARD OF APPEALS MEMBERS: Harvey ( chairman),, Freemyer., Jiilkus , Akemann, Anderson, Weeks, Arockiasamy STAFF PRESENT: ,.dean Johnson, Planning Sharon Storholm, Recording Secr'y BOARD MEMBERS ABSENT: Arockiasamy, Wilkus I. CALL TO ORDER--P,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 JANUARY 9 , 1992 MEETING Weeks noted that on page 3 of the minutes, a notation of the height of the trees should have been included. It was decided to add the sentence "The planted trees will be 10-12 feet in height at initial planting. " MOTION: Anderson moved that the Board approve the minutes of the January 9 , 1992 meeting as amended. Freemyer seconded the motion and it passed unanimously. III. VARIANCES A. Request #92-002 , submitted by Allen and Nancy Nicklay for property located at 16011 Lake Shore Drive, Eden Prairie, Minnesota. The request is for a variance from City Code, Chapter 11. Section 11.03, Subdivision to allow a 50 foot frontage for a R1-22 zoned property. City Code requires a 90 foot frontage. Johnson suggested that the public hearing be closed with no prejudice . The proponent will be required to republish the request if the variance is requested again in the future. MOTION: Freemyer moved that the public hearing be closed . with no prejudice . Republication will be necessary if the proponent wishes a hearing on the variance at a future date. Weeks seconded the motion and it passed unanimously. 4 • Weeks said he believes the semi trailers are being used as advertising. Johnson said she felt is was better to leave things run their course and not get involved with a labor union problem. F. Arockiasamy-last meeting -- New Member Appointed Harvey noted that this meeting would have been the last one for Bill Arockiasamy if he had been present this evening. He served on this Board for eight years and did an outstanding job. Harvey said he especially appreciated all the help he had given him throughout that time. Bill Arockiasamy will be missed by the members of this Board. Johnson noted that a new member, Don Argue was appointed last evening. Don is the President of North Central Bible College. Johnson added that election of officers will take place at the next meeting and there will also be a thank you dinner in May. G. Variances for next month Johnson noted that Normark Corporation, near Golden Triangle Drive, will be presenting a variance request next month. This will be the third proposal on that site . There were previous variances from the Board in 1985 . They will be removing several trees, but will • reforest again. Weeks had a landscaping concern. In some instances, when oak trees are removed, they are replaced with decidious trees or conifers. If this trend continues , it may result in many little rings of conifers . Although he did not know the solution, he felt that this looked artificial . It is more prevalent in small industrial projects . This issue should be discussed more fully. Harvey felt that this resulted in lots of ash trees and few oaks . Johnson noted that it has been hard to get oak trees from nurseries . H. Joint Meeting with Council next month Harvey confirmed that the joint meeting with Council will be next month, April 7th. VI . ADJOURNMENT MOTION: Anderson moved that the meeting adjourn. Freemyer seconded the meeting and it passed unanimously. Meeting adjourned at 8 : 12 P.M. • Ii i 2 . Request #92-003 submitted by Taco Bell Restaurant for pro e= located at 8450 Joiner Way. B' Eden Prairie. Minnesota. The request is for a variance from City Code, Chanter 11. Section 11 03. 1) Subdivision 3 Table 3 to allow a building sideyard setback of 17.5 feet (Code requires 20 feet) 2) Table 5 to allow an accessory building setback of 0 feet (Code requires 20 feet) and 3) from H 5 (b) to allow Parking setback of 0 feet (Code requires 10 feet). Mark Helseth came forward to represent Taco Bell in requesting the variance. He showed the plan for the area which included the side yard set back and well as existing buildings. He noted that he was requesting a 172' variance and explained the parking situation. Extensive work will be necesssary to get this site to work. Johnson said that many months of planning and many revisions have taken place prior to this hearing. It is difficult to design a drive through with adequate set back. The 17z' set back is only for the drive through portion. The parking lot set back is part of the approval also. The trash enclosure requires a 0 ' setback, but is placed in an area felt best for that use. The trash enclosure will be a brick like building. The Planning Commission and the Council have approved the request. Helseth noted that the building will be 25% stucco and the remainder will be brick. • Johnson said that parking ratio code does not require as many spaces as are present in this situation. In the future, the code changes may make this area more specific. At present, they meet code even without the shared spaces . The Planning Commission approved this request subject to certain conditions . Freemyer asked if the parcel was created by a split. Johnson answered that it had been part of the Goodyear site at one time. It is another building site--a commercial site. In response to a question from Weeks regarding recycling require- ments, Johnson said that this is not a requirement at this time. It is done on a voluntary basis. In instances where liquor is served, a lot more glass is used and recycling is more important. This site will meet the guidelines Eden Prairie feels are necessary for recycling and trash. John O'Neill asked how .large the site was. Johnson answered that it was . 56 acre. Weeks asked how the situation would be affected if another owner were to build on the same site. • Johnson answered that the exact same building could be built on the site, but any larger would require a variance. Weeks felt that there was lots of turn over and the variance should be for the property. MOTION: Anderson moved that the Board approve the Variance Request 92-003 as submitted citing the hardship that lot size makes design difficult . The variance is granted on the condition that the requirements are satisfied. Freemyer seconded the motion and it passed unanimously. IV. OLD BUSINESS A. Beach Road House Anderson asked about the progress of the Beach Road house. Johnson said she had heard no-thing for about 1z months. B. Touch of Class Johnson noted that the Council had granted a three year :extension based on the fact that similar conditions still exist. V. NEW BUSINESS A. New Testament Church Akemann suggested that Johnson check on the lighting at the New Testament Church. It seems to be intense. B. Vehicle Accumulation in Parking lot near Roberts Drive It was suggested that Johnson check on the reason for the accumulation of vehicles at this site. C . Property splits Freemyer noted that in the Taco Bell situation, the City had obviously allowed this lot split. Odd shaped parcels are sometimes created by allowing these splits. The City should carefully review requests for splits of platted lots and make sure the residue is a practical size. Harvey agreed. D. Eden Prairie Liquor Store-Rainbow Foods Mall Akemann asked if the Eden Prairie Liquor Store is considering locating in the Rainbow Foods Mall. Johnson answered that they are considering a lease there. Akemann felt that parking there is already congested. Johnson said that she has already mentioned that fact. The City is also considering expanding the store at Prairie Village Mall. E. Beer Distributor off Highway 5 Weeks noted that the Beer Distributor off Highway 5 has two semi trailers on the grounds that display beer. A strike is taking place now and there are campfires and camper trailers on the site.