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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 05/13/1993 • APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, MAY 139 1993 7:30 P.M., CITY HALL COUNCIL CHAMBERS, 7600 EXECUTIVE DRIVE EDEN PRAIRIE, MN 55344 BOARD OF APPEALS MEMBERS: WILKUS (Acting Chairman), WEEKS, ANDERSON. LYNCH, VASALY, DYE STAFF PRESENT: JEAN JOHNSON, PLANNING SHARON STORHOLM, SECRETARY BOARD MEMBERS ABSENT: VASALY I. CALL TO ORDER -- ROLL CALL - PLEDGE OF ALLEGIANCE • Acting Chairman Wilkus called the meeting to order at 7:31 P.M. Roll call was taken as noted above. H. APPROVAL OF AGENDA MOTION: Lynch moved that the Election of Officers be postponed until the end of the meeting. Dye seconded the motion and it passed unanimously. III. MINUTES OF APRIL 8. 1993 MEETING Lynch noted that she was mistakenly listed as absent and Argue noted that he was incorrectly listed as present. MOTION: Dye moved that the Board approve the April 8, 1993 minutes as amended. Lynch seconded the motion and it passed with Anderson and Argue abstaining. IV. VARIANCES • Wilkus explained the order of the variance proceedings to those in attendance. ---- Board of Adjustments and Appeals ---- 1 • A. Rmuest #93-15 is reauesda the resubdivision of three acres into three lots which include the following: Shoreland Variances 1. Lot 1 - 1.04 acre shoreland lot size versus 5 acre requirement. 2. Lot 1 - 220 feet of lot width at building line versus 300' requirement. 3. Lot 1 - 80 foot setback from Ordinary High Water Level versus 100' requirement. 4. Lot 2 - 1.24 acre shoreland lot size versus 5 acre requirement. 5. Lot 2 - 170 feet of lot width at building line versus 300' requirement. 6. Lot 2 - 40 foot setback from Ordinary High Water Level versus 100' requirement. 7. Lot 2 - 0 foot setback for existing screen porch at Ordinary High Water Level. 8. Lot 3 - .72 acre shoreland lot size versus 5 acre requirement. 9. Lot 3 - 120 feet of lot width at building line versus 300' requirement. 10. Lot 3 - 145 foot lot width at Ordinary High Water Level versus 150' requirement. Other Variances I I- Lot 1 - No frontage on a public street. 12. Lot 2 - No frontage on a public street. 13. Lot 3 - 70 feet of lot width on a public street. (90' required) Withdrawn B. RgWt 6 k John and Gloria Sullivan of 9060 E. Sunrise Circle for approval to divide the propMy into 2 lots, Parcel A. 19,845 square feet and Parcel B. 21.588 square feet (The R1-22 District minimum lot size is 22.000 square feet.) Gloria Sullivan of 9060 Fast Sunrise Circle came forward to present the request. She said they would like to do an administrative split on the property. They had sent a letter to the City concerning this. The City has put a sewer and water stub on the corner. This lot falls short of the square footage requirement and they need a variance to sell the corner lot. It would be a nice property to build on. Lynch asked if it was all buildable land. ---- Board of Adjustments and Appeals ---- 2 • Sullivan answered that it was buildable - a nice level lot that has not been used for years. A lot of area had been taken for easement purposes. Dye asked if the new driveway for this lot would come from the current access or from the west. Sullivan answered that it could come from either way. It could face east or north. Johnson said that two years ago sewer and water had come to this property. The homes in the area were built in the 1950's to 1960's on half acre lots. There have been other variances given on lots in the subdivision. This situation is caused by the right of way from the road easement. There have been no calls in opposition to the proposal. The driveway could come from either way,but the address should reflect the street which the driveway accesses. Anderson asked how long Sullivans have lived in this home. Sullivan answered they had been there over 25 years. Anderson noted that Sullivans owned this property before the easement was created. Wilkus asked about the shed on the property line - would it remain if this were granted? Sullivan said it is made of metal and only a temporary shed. Johnson said there should be a 10' setback and that it could be easily moved to another Spot. Wilkus asked what the setback from the current home would be from the new lot line. Johnson said it would be about 31 feet - 15 feet are required. Sullivan said that they have a single car garage, but the surveyor said that a double garage could be placed forward and to one side if that were in the plans for the future. Wilkus closed the public hearing. MOTION: Dye moved that the Board approve Variance Request 93-16 as presented with the hardships being that the proponents have paid for a second sewer easement; and the easement dictates the size of the property. Weeks seconded the motion. Anderson suggested a condition stating that the shed be moved to the required 10' setback upon the sale of the lot. Dye accepted the condition and the motion passed unanimously. ---- Board of Adjustments and Appeals ---- 3 • Sullivan noted that the split will take place when a the lot is sold. C. RQuest #93-17 by Joe Miller Homes for 9715 Normandy Crest for approval of lot frontagc variances for 2 pro lots, 55 and 58 feet respectively (Code wires an 85 foot minimum). Tom Roberts of Associated Investments, (representing Joe Miller Homes) came forward to present the request. He said that they are asking for a variance on Lots 2 and 3. The original thought was to create an "eyebrow" so no variance would be necessary. The City was concerned about this idea for snow plowing reasons. They are concurring with the Planning and Engineering Department request. Johnson noted that the Staff Report on this request is in the packet. With two lots on a 90 degree bend, it is difficult to get 90' of frontage. This request represents a better plan and both the Planning Commission and the Council were favorable to this solution. There have been inquiries,but no objections. Lynch had a question on outlot B. Roberts answered that oudot B will be involved in the County Road 18 upgrade. • Dye asked if this would be a dedicated cul de sac or a private cul de sac. Johnson said that this cul de sac would be dedicated. Weeks asked if Lee Drive was public or private. Roberts said it was a public street. Weeks asked about the frontages on Lee Drive. Johnson answered they were 85' or greater. Roberts noted that the proposed lot sizes were comparable to existing lots. Weeks had questions on frontage and driveways for lots 2 and 3. Roberts indicated the driveway locations on a map. Weeks asked if the average frontage (93') included the cul de sac lots. Johnson answered that it did not include the cul de sac lots. . Dye asked what the front yard set back was for the development. Johnson said it was a minimum of 30'. ---- Board of Adjustments and Appeals ---- 4 David Ingberg of 9902 Lee Drive came forward. He asked what the lot dimensions were and Johnson indicated those to him on a map. She noted that one lot would be 18,300 sq. ft. after the variance is granted and the other would be 2100 sq. ft. Ingborg said he is strongly opposed to the variance. He and a neighbor to the west are the most affected by the request. Lynch asked what Ingborg's lot dimensions were. Ingborg answered that the lot was 85' by 200'. He said that he had spoken with Don Uram and made his concerns public to him: Code requires 85' minimum. He had to adhere to this requirement. He has had a previous experience with Joe Miller Homes in a similar type of situation. He was told that all lots in the area would be 85' in width. In a previous situation that was similar, the area turned into a condo. Ingborg said he attended the Planning Commission meeting and voiced his objections • there. Other neighbors were there and many were confused. He said he was the most concerned as he is one of only two lots that will butt up to the property. Argue asked if there were fewer lots, would not the problem be solved? Ingborg said yes, the price of lots and homes then would then be more expensive. If the lots cannot be sold, then they get cheaper. He paid $56,000 for his lot. Roberts said that these lots would be $60,000. Johnson said the intent is to have 85' where placing the structure. Roberts said that if the eyebrow solution were to be used, the lots would be in compliance. They are doing this because the City has asked for this change. Johnson indicated the layout of the proposal (with the use of a map) to Ingborg. Roberts said he was concerned by the fact that he had met with the neighbors and most had signed off and approved the request. Ingborg said that no one had come to him with the proposal for signatures. He said that he has a right to come forward and complain if it has an affect on his property. • Anderson noted that lots can be as small as 13,000 square feet in this area. This variance would make the lots larger and therefore, Ingborg's lot should be worth more. ---- Board of Adjustments and Appeals ---- 5 • Ingborg said he would like some assurances that houses valued at $225,000 or above would be built there. Anderson asked which option Ingborg would prefer, the eyebrow solution or this variance request. Ingborg said he would need to think about that. Argue said that lots are enhanced by following City indications. He added that these lots meet or exceed setback lines and he does not understand the problem. Weeks said that this is a practical issue. With a partial and full cul de sac, it would look strange. Ingborg said that when he bought, he paid extra because they were told that they were on a cul de sac lot. Roberts said this is all news to him. He had sent out fliers to three neighborhoods. He has 75 signatures in favor of the proposal. Wilkus closed the public hearing. • MOTION: Argue moved that the Board approve Variance Request 93-17 to allow lot frontage variances for two proposed lots of 55 and 58 feet. The hardship cited is a requirement of the City. Anderson seconded the motion and it passed unanimously. F. ftuest #93-19 by Phillip Bly and Brenda Urke of 10720 CounttRoad 18 to allow a garage addition jo the existing house to be 30 feet from a side lot line and to gmW a 4.6 acre lot size varianceto the existing VnWj tv. (Code minimum when the property was platted was 5 acres.) Philip Bly came forward to present the Variance Request. He said he lived at 10720 County Road 18 on a lot of 5 acres and another outlot of 5 acres. The highway is going through their front yard and taking two buildings, a barn and a chicken coop. These are not garages, but are used for storage of bicycles, lawn mowers, and to house chickens. He would like to build a garage and only one location makes sense (to the south). It will bring the structure to within 30' of the southern boundary. A variance is needed for this. In the past two days, he has shortened up the plan by 2'. Other locations for the garage do not make sense. The front door is on the south side of the house. Johnson said that there is an existing older home on this lot. County Road 18 will make . less area for the lot. The proponent would like to build the garage to replace the two building that the highway is taking away. The structure would be 150' from the road. ---- Board of Adjustments and Appeals ---- 6 . Dye asked if any adjacent property owners would be affected. Bly answered that none would be affected. There will be a two acre parcel left near his land after the road comes through. If these two parcels were combined, a variance would not be needed in the future, but one is necessary now. Anderson asked if these were five acre lots in 1981 and also asked when Bly had purchased the property. Johnson answered that they were five acre lots then. Bly said he had purchased the property in 1984. He did not know about County Road 18 when he bought the property. According to the original plan, the road would not have come through his property, but Indian burial grounds were located where the road was intended to go, so the path of the road was changed to go through his property. Wilkus closed the public hearing. MOTION: Anderson moved that the Board approve Variance Request 93-19 as presented, with the hardship being that the location of County Road 18 will create a hardship for the property owner. Dye seconded the motion and it passed unanimously. F. Rgguest #93-20 by Northco Corporation for Prairie Village Mall of 16500 West 78th Street for: REQUEST CONaVIUNITY COACKMCIAL CODE (Freestanding store-possibly liquor) 1. 4,200 sq.ft. lot size 217,800 sq.ft. 2. 65 lot width 200' minimum lot width 3. 65' lot depth 200' minimum lot depth 4. 0' front, side & rear setback 35',20',10' required 5. Off-site parking parking required on site 6. 3.2 parking stalls 11,000 G.P.A. 6 parking stalls/1,000 G.F.A. 7. 100% coverage of site by building 20% maximum coverage (Freestanding store-video) 8. 6,500 sq.ft. lot size 217,800 sq.ft. 9. 104' lot width 200' minimum lot width ---- Board of Adjustments and Appeals ---- 7 • 10. 65' lot width 200' minimum lot depth 11. 0 front, side & rear setback 35',20',10' required 12. Off-site parking parking required on-site 13. 3.2 parking stalls/1,000 G.F.A. 6 parking stalls/G.F.A. 14. 100% coverage of site by building 20% maximum coverage (Prairie Village Mall site) 15. 3.2 parking stalls/1,000 G.F.A. 6 parking stalls/1,000 G.F.A. 16. .206 floor area ratio & base area ratio .20 floor area ratio & base area ratio MOTION: Anderson moved that Variance Request 93-20 be tabled. Lynch seconded the motion and it passed unanimously. G. ftuest M:21 by Eden Prairie Ford for 12790 Plaza Drive for approval for a 200 sq. .fig. (Code maximum is 100 sa,ft.) and approval to utilize a 4.4 acre commercial lot for Eden Prairie Ford car storage and display. This area exceeds the 10% of the area of the building_Rumtted for outside dh&Y of mercbandise. MOTION: • Anderson moved that Variance Request 93-21 be moved to the end of the meeting. Lynch seconded the motion and it passed unanimously. V. ELECTION OF OFFICERS Chairman MOTION: Anderson nominated Wilkus for the position of Chairman. Dye seconded the motion. Vice Chairman MOTION: Argue nominated Weeks for the position of Vice Chairman. Dye Dye seconded the motion. Secretary MOTION: Lynch nominated Argue for the position of Secretary. Dye seconded the motion. • MOTION: Dye moved that the nominations cease and a unanimous ballot be cast for Wilkus, Weeks, and Argue. Anderson seconded the motion and it passed unanimously. ---- Board of Adjustments and Appeals---- 8 Y • V. OLD BUSINESS Wilkus noted that the Shavhk deck was under construction. VI. NEW BUSINESS Johnson said next month's Variance Requests included: Bryant Lake Variance A lot size request School district impervious surface Hennepin County request St Edward's request Wilkus asked if this Board should review house moving requests in Eden Prairie. Johnson said not if the home was being moved out of town or a state highway was used. Weeks asked if the City required a bond for house moving. Johnson answered yes, but it is not always secured. Lynch noted that the Olympic Hills dinner was lovely. MOTION: Anderson moved that the Variance Request 93-21 be continued to June loth. Weeks seconded the motion and it passed unanimously. VI[ ADJOURNNIENT MOTION: Dye moved that the Board adjourn. Anderson seconded the motion and it passed unanimously. Meeting adjourned at 8:40 P.M. RMBVE NWAME MM ---- Board of Adjustments and Appeals ---- 9 Weeks, and Argue. Anderson seconded the motion and it passed unanimously. V. OLD BUSINESS Wilkus noted that the Shavlik deck was under construction. VI. NEW BUSINESS Johnson said next month's Variance Requests included: Bryant LakS Variance A lot size request School district impervious surface Hennepin County request St Edward's request Wilkus asked if this Board should review house moving requests in Eden Prairie. Johnson said not if the home was being moved out of town or a state highway was used. Weeks asked if the City required a bond for house moving. Johnson answered yes, but it is not always secured. Lynch noted that the Olympic Hills dinner was lovely. MOTION: Anderson moved that the Variance Request 93-21 be continued to June loth. Weeks seconded the motion and it passed unanimously. VH ADJOURNMENT MOTION: Dye moved that the Board adjourn. Anderson seconded the motion and it passed unanimously. Meeting adjourned at 8:40 P.M. URBVEOPMAN EM N • ---- Board of Adjustments and Appeals ---- 9