Loading...
HomeMy WebLinkAboutBoard of Adjustments and Appeals - 04/08/1993 • APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, APRIL 8, 1993 7:30 P.M., CITY HALL COUNCIL CHAMBERS, 7600 EXECUTIVE DRIVE EDEN PRAIRIE, MN 55344 BOARD OF APPEALS MEMBERS: WILKUS(Acting Chairman),ARGUE, WEEKS, ANDERSON. **LYNCH, VASALY, *DYE SWORN IN AT THIS MEETING STAFF PRESENT: JEAN JOHNSON, PLANNING SHARON STORHOLM, SECRETARY BOARD MEMBERS ABSENT: ANDERSON, LYNCH • I. CALL TO ORDER -- ROLL CALT - PLEDGE OF ALLEGTANC Acting Chairman Wilkus called the meeting to order at 7:30 P.M. Roll call was taken as noted above. H. SWEARING IN OF NEW BOARD MEMBER DFLAVAN DYF. Dye read the oath of office. He signed the legal forms and the signature was witnessed. III. APPROVAL OF AGENDA MOTION: Weeks moved that the Swearing in of Officers be postponed until the next meeting. Vasaly seconded the motion and it passed unanimously. IV. MTMITFS OF MARCH 11.1993 MFFTTN(` Weeks noted that on page 3, the 3rd paragraph, it was Weeks who asked the question, not Wilkus. • ---- Board of Adjustments and Appeals ---- 1 MOTION- Vasaly moved that the Board approve the March 11, 1993 minutes as amended. Dye seconded the motion and it passed 4-0. V. VARIANCES Wilkus explained the order of the variance proceedings to those in attendance. A. R�iest #93-13 to grant a 14 9 font sid yard cethark to the north side lot line for the exisf'nngg building at 7975 Fuller Road Gene O'Brien came forward to present the variance request. He said he lived at 2321 Sumpter Avenue, St Louis Park. His business is located at 7901 Fuller Road. He has purchased property at 7875 Fuller Road and plans to relocate the business. A 14'9" setback variance would be required. The variance had come up as a possible legal issue at the closing. They were able to close on the condition that he would ask for a variance. He said he would need the variance cleared up before anything could be done in the future. Presently there are 50 people employed at this business and they hope to grow in the future. He displayed plans for future business expansion for the Board's information. These expansion plans would comply with all codes, but the requirement under discussion • this evening will need a variance for the existing building. **Lynch arrived at 7:45 P.M. Johnson noted that the building was constructed in 1967. At that time there was a 30' setback requirement. The present code is also 30' to the lot line. There have been no problems in the past with proximity of the building to this north property line. When the expansion plans come before the City, things such as hardsurfacing, landscaping, and front parking will be addressed. One letter has been received in support of the request and no other calls or correspondence have come in to date. Dye asked if this were to be granted, would it be permanent? Johnson answered that it would be only for the existing building and that particular lot line. Lynch asked how the building was constructed (when it did not meet code at that time)? Johnson answered that there were limited staff members at that time. The assumption was probably made that the building was built according to code. Lynch asked if there was an adjacent lot. • ---- Board of Adjustments and Appeals ---- 2 • O'Brien answered that the street was adjacent to the property. Johnson noted that there are no options to buy additional land. Lynch asked if the conditions were reasonable. Johnson said they would be acceptable. The front of the building is acceptable as it is. Expansion plans are coming up. Highway 212 will be put through on the back of the building. She added that she saw no obstacles in approval. Weeks asked if this were to be approved, would that approval go with the property? Johnson answered that it would go with the property. Weeks asked if the previous owner was aware of this problem. O'Brien said that the previous owner had financed it conventionally. It had come up at closing. Weeks asked if there was a land survey. O'Brien had a survey with him and displayed it for the Board's information. MOTION Lynch moved that the Board approve Variance Request 93-13 on the grounds that a pre- existing condition is involved and that it would be a great hardship to correct the problem. Weeks seconded the motion and it passed 4-0. B. Request #93-14 to permit a 7 5 x 17' arcessory stricture on the propertyXfor one year_ The stricture will he metal and does not meet City Code rpa__z iirement of 75% of thp exterior hnilding finish to he brick, stone or glass. A self-servire parcel shishipping mac hint, will be containp+ within tha structure at 16425 West 78th Street_ Bill Ferris came forward to present the variance request. He said he represented Super America Stores (main office at 1240 West 98th Street). They are requesting a variance to install a self service packaging facility at 14625 West 78th Street. It would be a self service center where the customer would enter the data and a label would come out of a machine. Then,the package would go into the unit for storage until UPS picks it up later. The unit is manufactured with metal insulated panels. They are unable to get brick panels. They would like permission for a one year variance on this unit so they can determine the useage of the unit and the probability of it becoming a permanent structure at the site. If ---- Board of Adjustments and Appeals ---- 3 there are any questions on the operation of the unit, a representative from the company that manufactures them is in attendance. Johnson said that this would be a one year trial. Code requires 75% glass, stone or brick on the outside of the structure. Discussion took place on the location of the unit. Johnson said she has had one call in opposition to the request. If this were to be granted, staff would like a condition on the variance that a height barrier be installed for trucks that come in from Terry Pine Drive. Dye asked if that would be a condition of the variance. Johnson answered that staff is recommending it as a condition. There are five parking spaces on the side of the building where the unit would be placed and one along the curb. The reasons why brick, stone or glass are required are permanency and upkeep. Lynch asked if there were any other similar situations in Eden Prairie. Johnson answered that she was not aware of any similar situations in Eden Prairie. She compared it to the old Photo Mat building. Ferris added that it could also be compared to free standing teller machines. Dye asked if this could be reviewed in one year. Johnson answered that it could be reviewed then. Lynch asked if there were any way to attach it to the building. Ferris answered that they would be hesitant to make it a permanent part of the structure. This would only be a test period. Dye asked about the utilities. Ferris answered that it would require a standard 110 line. This is a portable and not a permanent structure. Super America does not own it. U Ship owns it . Super America gains profits after a certain number of transactions. It is the same as free car wash incentives. UPS does all the package pick up and servicing of the unit. Dye noted that there was a shipping business across the street. ---- Board of Adjustments and Appeals ---- 4 Vasaly asked if this were to work out, what would be done to a permanent structure? Ferris answered that it would be faced with brick and screened. A one year period will give a good picture of a cycle of high and low periods. Vasaly asked if an entire year was necessary. Ferris answered that he felt it was in order to take a realistic look at the cycles. Vasaly asked about trucks entering and leaving the area. Ferris answered that it will be serviced by UPS trucks daily. No cash will be involved, only credit cards. Dye asked why it was decided to locate it here considering the competition across the street. Ferris answered that it was a residential area and he feels the concept can be supported at this location. Weeks asked about color and any existing landscaping. • Ferris answered that the structure is white with a red and blue UPS logo. There is some existing landscaping along Highway 5. Weeks asked about trash enclosures. Johnson said it has brick on three sides and a metal door facing the building. Weeks felt it was difficult to find a hardship in this case. Ferris said that he felt the hardship was that brick could only be added after the fact or this unit would become a permanent structure. They would like a one year trial. Vasaly asked if a brick facade would meet code and what the cost would be to install such a facade. Johnson answered that it would meet code. Ferris said that the cost would be about $1,50042,000. Vasaly asked what the likelihood of failure would be. • ---- Board of Adjustments and Appeals ---- 5 Ferris said that they are projecting it will do well. At present they have 10-12 locations. Some are doing well, some are marginal. Weeks asked if Ramstad could review the projections. Marvin Ramstad of U Ship said that the unit was developed within the last five years so it does not have a very long track record. UPS is pushing to have these units put in the field. Regarding the location of the shipping business across the street, they are asking that it be located at this site. U Ship offers a big savings. They would like to keep prices at a low rate. U Ship as a company has not made money yet. His own job is to introduce the units. Weeks asked if they would be using a trial and error basis or would a market analysis be done? Ramstad said that they are looking at the growth factor. Vasaly felt the location did not seem appropriate. It sounds like this may become a permanent structure. She did not feel it was unreasonable to require that it meets code at the onset. Ferris said that the Board does have the safeguard that in one year, if this is successful, it will meet code. Vasaly asked about the average number of packages shipped. Weeks had questions on the monthly revenues generated. Ramstad answered that his company would probably make about $200-$300 per month. Wilkus asked if this was converted to a permanent structure, would there be a permanent concrete pad? How do the applicants feel about the truck height barrier? Ferris said that they have installed signs restricting trucks already. Weeks said he could see only economic reasons for a hardship. He felt that the applicants should know sooner than one year if this will be profitable. Dye felt that Pandora's box may be opened if this were granted (portable unit placement). Good marketing research will tell if it will generate a profit. Ferris said he understood the concerns. Super America feels that it does a good and reasonable job in market research. The competition across the street has not scared them off before. They are driven by the needs of the citizens. The home office business is their • ---- Board of Adjustments and Appeals ---- 6 primary target. This will be convenient. The location was worked on with Staff. Several others were considered. Regarding the permanency, if they knew if this would do well, they would be millionaires now. Their projections lead them to think it will be successful. Vasaly said it sounds like a marvelous machine and she thinks it will be successful. The proponent is saying they think it will be successful, but only want it installed as temporary. She does not think it is unreasonable to make it permanent now. Lynch said the cost is not that much. Many risk much more in business. Lynelle Morris spoke up from the audience to say that she owns the packaging business across the street (Mailboxes,etc). She said that UPS is an excellent service and they provide that service. Half of their dollars come from UPS service. Also, they provide a service that goes beyond that. They have a building, they need to pay to lease a space. In fact, they purchased the business last May. She has employees and would like to grow in the future. Weeks asked how the proponents would make people aware of the facility. Ferris answered through ads. Such ads are now underway because of units already in operation. Video tapes advertise the units in the stores. Weeks asked if they anticipated any traffic congestion problems. Ferris said no problems were anticipated as there seems to be time periods of one half to one our in between customers at other locations. Ramstad said overhead and utility cost run about $3,000 per unit. Weeks asked if Super America leases the units. Ferris answered no, they did not lease them. They have a contract with U Ship and get revenue after a certain number of packages. Wilkus closed the hearing on the variance request. MOTION- Vasaly moved that the Board deny variance request 93-14, Lynch seconded the motion. • ---- Board of Adjustments and Appeals ---- 7 Weeks offered an amendment stating that there was inadequate hardship demonstrated for this variance and economic issues are not acceptable as the only hardship. The amendment was accepted by Vasaly and Lynch. Motion passed 4-0. Wilkus noted that the proponents for this variance had requested that it be continued to the next meeting. MOTTON- Weeks moved that Variance 93-15 be continued to the next meeting. Lynch seconded the motion and it passed unanimously. VI ELECTION OF OFFICERS MOTION- • Dye moved that the Election of Officers be continued to the next meeting. Lynch seconded the motion and it passed unanimously. VII OLD BUSINESS Johnson noted the following items: 1. The building permit for the Shavlik deck was received. 2. The Kurtz Lane variance proponents have not applied for a building permit. VIII NEW BUSINESS Johnson noted the following items: 1. The banquet will be held May 6 - RSVP's requested. 2. Three or four variance requests will be considered at the next meeting. IX ADJOURNMENT MOTION- Dye moved that the Board adjourn. Weeks seconded the motion and it passed • unanimously. Meeting adjourned at 8:35 P.M. ---- Board of Adjustments and Appeals ---- 8 • • ---- Board of Adjustments and Appeals ---- 9 MOTION- Vasaly moved that the Board approve the March 11, 1993 minutes as amended. Dye seconded the motion and it passed 4-0. V. VARIANCES Wilkus explained the order of the variance proceedings to those in attendance. A. Request #193_13 to grant a 14.9 fo and sethack to the north side lot line for the existing building at 7875 Filler Road Gene O'Brien came forward to present the variance request. He said he lived at 2321 Sumpter Avenue, St Louis Park. His business is located at 7901 Fuller Road. He has purchased property at 7875 Fuller Road and plans to relocate the business. A 14'9" setback variance would be required. The variance had come up as a possible legal issue at the closing. They were able to close on the condition that he would ask for a variance. He said he would need the variance cleared up before anything could be done in the future. Presently there are 50 people employed at this business and they hope to grow in the future. He displayed plans for future business expansion for the Board's information. These expansion plans would comply with all codes, but the requirement under discussion this evening will need a variance for the existing building. **Lynch arrived at 7:45 P.M. Johnson noted that the building was constructed in 1967. At that time there was a 30' setback requirement. The present code is also 30' to the lot line. There have been no problems in the past with proximity of the building to this north property line. When the expansion plans come before the City,',things such as hardsurfacing, landscaping, and front parking will be addressed. One letter has been received in support of the request and no other calls or correspondence have come in to date. Dye asked if this were to be granted, would it be permanent? Johnson answered that it would be only for the existing building and that particular lot line. Lynch asked how the building was constructed (when it did not meet code at that time)? Johnson answered that there were limited staff members at that time. The assumption was probably made that the building was built according to code. Lynch asked if there was an adjacent lot. ---- Board of Adjustments and Appeals ---- 2