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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 01/14/1993 } APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, JANUARY 14, 1993 7:30 P.M., CITY HALL COUNCIL CHAMBERS, 7600 EXECUTIVE DRIVE EDEN PRAIRIE, MN 55344 BOARD OF APPEALS MEMBERS: HARVEY(Chairman),ARGUE, WEEKS, FREEMYER, WILKUS, ANDERSON, LYNCH STAFF PRESENT: JEAN JOHNSON, PLANNING SHARON STORHOLM, SECRETARY BOARD MEMBERS ABSENT: LYNCH I. CALL TO ORDER -- ROLL CALL Chairman Harvey called the meeting to order at 7:30 and roll call was taken as noted above. U. APPROVAL OF AGENDA MOTION: Argue moved that the Board approve the agenda of the meeting as presented. Anderson seconded the motion and it passed unanimously. III. MINUTES OF DECEMBER 106 1992 MEETING Freemyer noted that on page 4 under Old Business, the word should be fell and not feet. Harvey noted that on page 4 he meant to say that builders would be encouraged, and not just discouraged from building to the maximum. MOTION: Wilkus moved that the Board approve the minutes of the December 10, 1992 meeting • as amended. Argue seconded the motion and it passed 5-0 with Weeks abstaining. ---- Board of Adjustments and Appeals ---- 1 • M. VARIANCES Harvey explained the order of presentation for the variance procedures to those in attendance. A. R quest #93-01 by Bruce W. Schmitt & Associates for 7820 Terrey Pine Drive to allow construction of a Burnet Realty office building and parking lot with a combined impervious surface of 59.8% (Code maximum is 30%). Bruce Schmidt appeared to present the variance request. He said he represented the partnership. The lot in question is an old and established lot, and the hardship in this instance is that they have to provide a driveway and road access to other property behind this one. He displayed a colored sketch of the site plan. The driveway is provided per the highway department's request. Johnson noted the Staff report was dated November 20th. The proposed building does meet code, the only variance required is the impervious surface request. The storm water system is a catch basin and then the water is directed under highway 5 and into a pond. There is no run off to Mitchell Lake. There had been some inquires as to the variance, but no opposition. The DNR has no opposition to the request. Harvey asked about the access issue regarding the private road. Schmidt answered that this was indeed an access issue and an easement was used instead of dedication. Weeks asked how many parking stalls were provided and how may were required. Schmidt answered that they are providing more than required. There will be a possible future addition to the south side of the building. Johnson confirmed that 75 were provided, but only 70 were required. Anderson asked what percentage of imperious surface was on the site without the access roads. Johnson said that she had not calculated that figure at this time. Schmidt guessed that the access area covered about 10% of the hard surface, but there would still be less than required. Harvey asked for comments from the audience and there were none. ---- Board of Adjustments and Appeals ---- 2 • MOTION: Wilkus moved that the Board approve Variance Request 93-01 submitted by Schmitt and Associated. The hardship in this instance is that an access road is required and the proximity of the lot to Mitchell Lake involves impervious surface and water drainage issues (water is drained away from Mitchell Lake). Weeks seconded the motion and it passed unanimously. B. Request #93-02 by Tandem Properties of 8318 Eden Prairie Road to allow division of a parcel of land, creating 2 Rural lots less than the 10 acre minimum and the 300' minimums for width and death. Parcel 1 is adjacent to Eden Prairie Road and is 6.5 acres in size. Parcel 2 is located west of Parcel 1 and is .8 acres in size. less than the 300' minimum width and depth requirement, and will not have frontage on a street right-of-way. Mr. Jim Ostenson appeared (representing Tandem Properties) and presented the request. He said that this request was made necessary as a result of platting adjacent properties. There is a city ordinance on lot size minimums. They are not requesting building to occur on either lot. One lot is unserviced. Harvey asked if the two lots were together. Ostenson answered that they were not attached and they cannot be combined to create a buildable lot. Johnson said there were drawings of Highway 212's impact on both parcels. Planning and Engineering Departments have both reviewed the 212 project. The State officials do not feel that the right of way will affect plans for the future. She has received inquires, but no opposition. Staff suggests approval contingent upon City Engineer's administrative plat. No building will be permitted on either parcel. The land is not zoned nor does it have utilities. Ostenson said that the owners wish to retain the property for tax reasons. MOTION: Anderson moved that the Board approve request 93-02 with the hardship being that future development for the site has changed. The approval is subject to Staff conditions. Weeks seconded the motion and it passed unanimously. C. Request #93-03 by Sienna Corporation to allow division of a .2 acre parcel off of a larger parcel (south of Riley Lake Road west of Riley Creek and east of 9018 Riley Lake Road) The parcel under consideration has-9 ddQth of 65 feet and a width of 110 feet (Rural Zoning Code requires a 10 • acre minimum lot, a 300 foot minimum width and a 300 foot minimum depth). The parcel is also in a Shoreland area requiring a five acre minimum lot size and a minimum width at the Ordinary High Water Level of 150 feet. ---- Board of Adjustments and Appeals ---- 3 Rick Packer presented the variance request for Sienna Corporation. Packer noted that they were not subdividing a 2/10 acres parcel, but subdividing a 101 acre parcel and leaving behind a 2/10 acre parcel. Mrs. Jacques wishes to retain the 2/10 acres parcel along with a parcel she owns directly to the west. The dedication of lakeshore property that was required as a part of the PUD approval was not possible because of the agreement with Mrs. Jacques and was altered by the City Council. She retained some of the property and has no intention of construction on the lot. Johnson said that the small 2/10 acre parcel is owned by Elaine Jacques. It has always been away from the main farm. The main farm is developed as a golf course. City Council and Planning Departments are in favor of the division as it is presented this evening. It is like other small lots on the lake (some near the park). Some interest has been shown regarding the request, but no problem have come up. Any variance granted should have conditions attached stating that recreations vehicle not be enlarged or replaced, recreational vehicle not to be used for overnight occupancy, and it must have self contained sanitary system. An enclosed holding tank will be required and the vehicle is to be removed in the event of any flood. No building will be allowed on the parcel and approval is contingent upon final plat approval by Council. The DNR requires that the parcel is not to be used for a dock. Harvey asked if the other park lots mentioned are also non conforming. Johnson answered that they were. • Harvey asked for comments from the audience and Wallace Anderson came forward. Anderson said that he also had a small lot in the area. He understood what this small lot was not to be used for, but what will it be used for? Johnson answered it will be used for recreational purposes such as boating and picnicking. Anderson verified the location of the trailer on the property. Elaine Jacques said that there was a berm between the park and the land. Anderson said that spill over from the park is a concern for him and he hopes that there is some control. He has a summer home there. What about a fence? Johnson suggested possible signs. Anderson asked why not a barrier. He felt that it should be considered. He asked Jacques how she would feel about that. Jacques answered that the lots on the east side of the creek are for family picnics and there will be no boat launching. ---- Board of Adjustments and Appeals ---- 4 Harvey suggested that Anderson express his concern to the Park and Rec Department. This Board only deals with the land split. He asked Jacques if she had any objections to the DNR letter's suggestions. Jacques answered no. MOTION: Weeks moved that the Board approve variance request 93-03. The development of Bear Path Golf and Country Club is a hardship regarding this property. Approval is contingent on the conditions in the Staff report and the DNR's recommendations. Argue seconded the motion.*See below for vote. Anderson noted the condition that the vehicle not be replaced. If it is not there now, will it be allowed? Harvey said that it is there now. Anderson said that there is some misunderstanding on this. Jacques said that it is not there right now. Weeks said that the recommendation stated a 13.5 foot maximum length for the • vehicle. Johnson suggested that possibly it could be moved on a seasonal basis as needed. Weeks amended the motion to state that the vehicle can be replaced, but not by anything longer that 13.5 feet. *Motion passed 5-1 with Freemyer opposed on the grounds that he is opposed to any conditions that create small parcels along the lake. IV. OLD BUSINESS A.SHAVLIK DECK VARIANCE Anderson asked about the Shavlik deck variance. Johnson answered that the request will be heard in February by the Council. The Council has asked Staff to research other decks on corner lots. She does have a draft report here this evening. It could be discussed at a special meeting. When the memo is finalized there will be a summary up front. Department recommendations will not be in the memo. Johnson said that consideration should be given to amending the setback for corner lots. ---- Board of Adjustments and Appeals ---- 5 Weeks asked if amendment was considered when cluster housing came in. Johnson answered that it was channeled through the PUD approval process. It was not done through code. Should the PUD be amended or should itbe in City Code? B. HOUSE ON KURTZ LANE Freemyer felt that the house on Kurtz Lane was getting out of hand. It is getting to be a junk yard. A permit on outside work should have a life expectancy. Johnson said that Uniform Building Code cannot be altered. It only needs to be worked on every three months. The number of cars is not restricted. Two recreational vehicles are allowed. V. NEW BUSINESS A. SPECIAL MEETING ON FEBRUARY 25 Johnson asked if the Board would prefer to meet in the north conference room or the lunch room. The meeting was set for the north conference room. B. FEBRUARY VARIANCE REQUESTS • Johnson noted that there were five requests set up for the February meeting: 1. Shoreland variance 2. Single family development - floor plain situation 3. Small three lot subdivision on Mitchell Lake 4. Driveway setback 5. Garage setback C. BOARD MEMBERS TERMS UP FOR RENEWAL Harvey noted that February will be the last meeting for the old Board Members. Freemyer, Weeks and Harvey will be up for renewal. Johnson said that the same interview process will be used for potential new members. Discussion took place on reappointments. Freemyer said that he did not think that Council understands that there are sound guidelines upon which to make decisions. They are not made on feelings. VI. ADJOURNMENT • ---- Board of Adjustments and Appeals ---- 6