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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 07/08/1993 - Special • i APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, JULY 8, 1993 7:30 P.M. , CITY HALL COUNCIL CHAMBERS, 7600 EXECUTIVE DRIVE EDEN PRAIRIE, MN 55344 BOARD OF APPEALS MEMBERS: WILKUS, (Chairman) , ANDERSON, DYE, LYNCH, WEEKS STAFF PRESENT: JEAN JOHNSON, Planning Dept. KATHY HENGELO Secretary BOARD MEMBERS ABSENT: ARGUE, VASALY I. CALL TO ORDER -- ROLL CALL - PLEDGE OF ALLEGIANCE Chairman Wilkus called the meeting to order at 7:30 p.m. Roll call was taken as noted above. II. APPROVAL OF AGENDA • MOTION• Anderson moved that the Board approve the agenda as submitted. Dye seconded the motion and it passed unanimously. III. MINUTES OF JUNE 10, 1993 MEETING MOTION• Dye moved that the Board approve the June 10, 1993 minutes as submitted. Lynch seconded the motion and it passed with Weeks abstaining. IV. VARIANCES A. Recxuest #93-18 by Michael and Patricia Loosen of 6200 Old Shady Oak Road to Permit construction of a single family home u on an 8 acre rural lot. Two acres of the lot were taken for County Road 62 uvgrading. (Code reguires 10 acre lot size in the Rural District. Mr. Michael Loosen came forward to present the variance request. He and his wife would like to construct a single family hone on an eight acre parcel. The city has a map of the location of the home, well, septic field and driveway. ---- Board of Adjustments and Appeals ---- 1 The Fire Marshal has suggested three possible options for the property and the Loosens have chosen option 2 (fire sprinkler system in house) . This variance request has been continued from the June 10, 1993 meeting. It was requested that a site impact study and determination of the feasibility of sewer/water hook up be made. Concerns from the last meeting were access to the site, city utilities versus private and an outline of the driveway. Mr. Loosen stated his preference for a private well and septic system. This approach would keep as many trees as possible and have a more favorable environmental impact. Johnson said that in their packets, each Board member had received all of the information from the previous meeting. It also included information on the retaining wall and it outlined the driveway. There was no additional information from adjacent property owners. Wilkus closed the public hearing. Lynch asked about the costs connected with hook up to city sewer ($14, 000. 00) versus a private well and septic tank ($6- 8, 000.00) . She also clarified if the fire marshall was agreeable to the access to the house. Mr. Loosen said yes, and that he was also installing a sprinkler system. Weeks asked where the house would be located on the lot and where the grading ended. Access to the house for emergency vehicles is within 150 feet, it doesn't have to be right next to it. Wilkus closed the discussion. MOTION: Lynch moved that the Board approve Variance Request #93-18 with the hardship being the county took his land for the highway. One of the fire marshall's access requirements would need to be met. Dye seconded the motion and it passed unanimously. ---- Board of Adjustments and Appeals ---- B. Request #93-27 by Northco Corporation for 16500 West 78th Street for the following variances: Proposed Block Buster Store: Community Commercial Code - 7,870 sq.ft. lot size 217,800 sq. ft. - 104' lot width 200' min. lot width - 80' lot depth 200' min. lot depth - 0 front side & rear setback 35' , 201 , 10' required - Off-site parking Parking required on-site - 5.3 parking stalls/1.000 G.P.A. 5.6 parking stalls G.F.A. (previously approved) - 100% coverage of site by building 20% maximum coverage Prairie village Mall Overall Site: - 5. 3 parking stalls/1, 000 G.F.A. 5.6 parking stalls/G.F.A. (previously approved) - 5' setback for parking to the new 10' required lot lines to be created by the Blockbuster plat. Mr. Bruce Carlson, with Northco Corp. , came forward as a representative of the operators of the Prairie Village Mall. They are presenting 'a small addition to the center, basically they are requesting two variances: 1) Parking ratio - allow 5.5 spaces per 1,000, which would be consistent with other variances granted to property owners within the city of Eden Prairie. 2) Request to allow them to plat the property in two lots, to allow for financing and ownership segments in perpetuity arrangements. They have worked with the city staff to comply with the base area ratio requirements; reviewed the drainage plan for the area around the new building and have designed storm sewer systems and overflow systems that deal with potential drainage concerns. They have also reviewed the architecture of the building and have tried to make it compatible with that of the center - the brick will match, the signage will meet city code, trash will be stored inside the building; they have addressed the traffic concerns. The City Council agrees on approval of the variances, subject to the Board's review; and it is his understanding from working with the City Staff, that they also support the request Northco has made. ---- Board of Adjustments and Appeals ---- 3 Johnson reported that additional information was supplied in the Board's packets: the staff report, a letter from Northco outlining the variances. The report was broken down into two different segments. 1) The siting of the building. 2) Condominium type platting process. The parking issue has been resolved (revised plan to 5.5 the last sheet in your packet) . It is not believed that this parking ratio will be a problem for this strip mall. Wall signs do meet code, as they have been outlined. The City Council did approve the project. Staff has outlined some conditions: greenhouse remnants be removed from the West end of the building prior to the issuance of any new building permit that the user adhere to the sign regulation limiting window signs to no more that 10% of the window area Dye asked if Council reviewed and approved these plans? Johnson responded that yes they did. Weeks pointed out that where the store is planned (SE corner of shopping mall) is where snow was usually piled during the winter, where will it go now? Carlson replied that arrangements would be made to haul it off site. Weeks also asked for clarification of proof of parking and when it is implemented - at discretion of Board. Northco understands that it may necessitate remodeling of islands if traffic does become a problem. Weeks basic feeling is that it is a reasonable plan. Lynch asked if they didn't still have to find a hardship in order to grant a variance? Anderson had questions on the signs. She wants similarity on signs in the mall and on the Blockbuster building. Blockbuster's corporate colors are yellow and blue, and they don't have the flexibility to change the colors; mall signs are red. Also asked what plans are for pylons? Ordinance permits two signs a certain distance apart, they will use the reader board concept. The current big sign will come down. Wilkus asked what limitations could be placed on this site, if Blockbuster should leave, would there be any control of what type of business could go into that location? Carlson said they already had a letter of agreement that if a bank/fast-food restaurant/gas station were to be considered for this site it must go back to the Council for consideration. Johnson stated there is also a city code that provides a control for remodeling. • ---- Board of Adjustments and Appeals ---- 4 Wilkus closed the discussion and opened the hearing to the Public. No address from the Public, and Wilkus closed the public hearing. MOTION• Dye moved that the Board approve variance Request #93-27 and grant this as a hardship, subject to the following conditions: the greenhouse remanent be taken down prior to issuance of any new building permit, user adhere to sign regulation limiting window signs to no more than 10% of the window area, and that the City should have approval on the sign on the pylon. Anderson seconded the motion and it passed unanimously. C. Recruest #93-28 by Tim Peltier of 8218 Hiawatha Avenue to permit construction of a garage addition 5.45' from a side lot line. Code requires 1 15, side yard seQack in the R1-22 Zoning District. Mr. Peltier came forward to present his request for a garage addition. He had purchased this home from his grandmother in 1987. At this time he would like to add a second stall, allowing him to store his boat or a future second car and to increase the value of his home. Johnson stated that City Staff had looked at the site and considered alternatives to the above variance. Either construction of a detached garage behind the existing home, or construction of a garage on the South side of the home would be inconsistent with the neighborhood character, making the home appear as a duplex. It could also require tree removal, and it would mean construction of an additional hard-surfaced driveway. There have been no calls of concern from any neighbors. Anderson feels it is great that he is living in his grandmother's home. She asked if Mr. Peltier could reduce the width of his building from 10' to 9'? Mr. Peltier responded that he was comfortable with a 9' addition. Weeks asked about the width of the door - a standard double garage door. Would he be proposing any landscaping? There are bushes there now, Peltier would probably put flowers or bushes back. Had he talked to any of his neighbors - yes, no body had any problems with his garage addition. Would he construct the new garage in the same materials, Peltier said it would match existing. Weeks wanted to know where he stored his boat now - currently it is off-site at his parents. Wilkus asked if having the service door on the side would be a problem? Peltier didn't see this as an issue. ---- Board of Adjustments and Appeals ---- 5 The hardship clarified is: placement of the house on the lot, would like the ability to park two vehicles inside and desire to keep up with the neighborhood character of double garages. Wilkus closed the public hearing. MOTION• Anderson moved that the Board approve the Variance Request #93-28. The hardship being the placement of the house on the property does not make detached construction preferable nor is it compatible with the neighborhood. We would amend the variance to reflect the following: the addition will be a width of 91 , construction will match existing structure and landscaping plans will be submitted to City Staff. Weeks seconded the motion and it passed unanimously. D. Request #93-29 by Harold and Shirley Trocke of 15801 West 62nd Street to permit construction of a garage addition 13, from the front lot line. (code requires an average front yard setback of 30, when 40% or more of the block is developed. ) Mr. Trocke came forward to present his request for variance. He has lived in this house for 25 years and would like to build a double car garage. Jean has just given me Exhibit A (1950 neighborhood covenants) , and I was not previously aware of this letter. The current tuck-under garage would be converted into living space and a two car garage addition would be constructed in front of the home. Does not want a road/driveway out to Highway 62 because it is too busy. Johnson stated that records showed the home had been constructed in the late 1950's and that city code would require a 30' setback. Alternatives to the above request would be: 1) Construction in the Northwest corner of the lot. A hill in this area makes construction difficult. 2) Construction in the Southwest corner of the lot. This would require removal of mature trees and access into bedroom area. 3) A garage in any other location would create new driveways and hard-surfacing of green space. Exhibit A is a 1955 covenant. Johnson did not have time to research it, and did not know if it was still current. Dye looks at it that a hardship is having to remove trees and cover an entry door if the garage is moved. Weeks wanted to know if he had talked to any of his neighbors? Trocke stated that only one neighbor will see it. Weeks also asked if the tuck-under garage would be converted into living space, but ---- Board of Adjustments and Appeals ---- 6 Trocke stated he was going to use it as boat storage. Trocke presented pictures of his neighborhood, showing that his garage addition would be consistent with the appearance of the rest of the neighborhood. Mr. Trocke will have to research with his own attorney to see if the covenant is still in effect. If he builds without looking into this, he takes the risk that they might sue to enforce. Wilkus closed the public hearing. MOTION• Lynch moved that the Board approve Variance Request #93-29. The hardship is that the position of the house relative to the intersection of Town Line Road and 158th Avenue West leaves few options to provide a two car garage characteristic to other homes in the area (a physical hardship) . Anderson seconded the motion. Weeks asked if the construction would be compatible with the current building. Mr. Trocke said that right now he had cedar shakes and his bricks are poured mortar. He would really like to knock off the current brick and replace it all for an upgrade. Mr. Trocke will be asked to submit plans as to how he will remodel the existing house, as well construct the new garage. Lynch seconded the amendment and it was passed unanimously. E. Request #93-30 by William R. Hoag of 11995 Sunnybrook Road• (1) To permit expansion of a room addition over any existing garage requiring the following variances: a) A 92' setback from the Ordinary High Water Mark of Purgatory Creek. (Code requires a 100' building setback from the Ordinary High Water Mark. ) b) To permit a lot size of .99 acres for a lot abutting a shoreland. (Code requires a 5 acre minimum lot. ) c) To permit expansion of a non-conforming structure in a shoreland area. (2) To permit the addition 46' from a side/front lot line. (Code requires 50' in the Rural Zoning District. ) (3) To permit a Rural lot size of .99 acres. (Code requires a minimum 10 acre lot in the Rural Zoning District. ) ---- Board of Adjustments and Appeals ---- 7 Mr. Hoag came forward to present his variance request. He grew up in Eden Prairie, graduated from Eden Prairie; his wife is school teacher at Forest Hills - and they would like to remain residents of Eden Prairie. He purchased this as foreclosure property in 1990, and he has put lots of work into the property. As it stands now the house is only 1600 sq. ft. , and does not provide enough room for a family. His wife is not present tonight as she gave birth the previous Tuesday to their first child. Reasons for needed expansion/changes: Poor design for Minnesota, with low pitch to roof he must constantly shovel it in the winter. Needs additional space, would like to construct a bedroom addition over the current garage. Aesthetics, bring up to date. His property is currently zoned rural, and he has his own well and septic. He has been approved for city hook up for sewer and water. He is 79' from the high water elevation, and he has been watching it lately - it's as high as it has ever been but he is in no danger of flooding. The height of the proposed addition will not rise above the existing building. Johnson stated that this house was built in the 19601s, prior to the City Shoreland Code and current Rural Zoning District requirements. Many improvements have been made since this individual has taken over the property. She has had no opposition from neighbors on this, she has had inquiries on just what was planned. There were no questions from Board members, and no questions from the public. Wilkus closed the public hearing. MOTION• Anderson moved that the Board approve Variance Request #93-30. The hardship being that this has been a non-conforming building in the past, and this variance would greatly improve the property. Dye seconded the motion and it passed unanimously. V. OLD BUSINESS Ford did appeal the flag. The Council was concerned about first amendment rights. So they get their big flag. They felt that a site this big could accommodate a flag larger than that specified in the code. ---- Board of Adjustments and Appeals ---- 8 VI. NEW BUSINESS Johnson said next month's variance requests include: 1. Perkins-Freeberg 2 . City's new water tower height variance. 3 . Weber Printing. 4. Minnesota Plastics - frontage. 5. Bryant Lake Reg. Park - Hennepin County shoreland variance. 6. Front yard set-back. 7. Arteka - landscape facility. Discussion took place on just how much it cost to file a variance. Residential variance is $125.00 plus a $125.00 deposit. Non-Residential variance is $300.00 plus a $150.00 deposit. VII. ADJOURNMENT MOTION• Anderson moved that the Board adjourn. Lynch seconded the motion and it passed unanimously. Meeting adjourned at 8:50 p.m. ---- Board of Adjustments and Appeals ---- 9