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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 03/11/1993 APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, MARCH 11, 1993 7:30 P.M., CITY HALL COUNCIL CHAMBERS, 7600 EXECUTIVE DRIVE EDEN PRAIRIE, MN 55344 BOARD OF APPEALS MEMBERS: WII,KUS(Acting Chairman),ARGUE, WEEKS, ANDERSON. LYNCH STAFF PRESENT: JEAN JOHNSON, PLANNING SHARON STORHOLM, SECRETARY OTHERS PRESENT: MARY VASALY(newly appointed member of the Board) BOARD MEMBERS ABSENT: ARGUE, LYNCH I. CALL TO ORDER -- ROLL CALL - PLEDGE OF ALLEGIANCE 'n Chairman Wilkus called the meeting to order at 7:30 P.M. Roll call was taken Acting C ai an g as noted above. H. SWEARING IN OF NEW BOARD MEMBER MARY VASALY Vasaly read the oath of office. She signed the legal forms and Board members witnessed the signature. M. APPROVAL OF AGENDA MOTION: Anderson moved that the Election of Officers be postponed until the next meeting. Vasaly seconded the motion and it passed unanimously. IV. MINUTES OF FEBRUARY 11, 1993 MEETING MOTION: Weeks moved that the Board approve the minutes of the February 11, 1993 meeting ---- Board of Adjustments and Appeals ---- 1 l as submitted. Anderson seconded the motion and it passed 3-0 with Vasaly abstaining. V. VARIANCES Wilkus explained the order of the variance proceedings to those in attendance. A. Requed #93-11 by John Gerten for 12600 Plaza Drive. Menard's to allow a temporary poly vent oreenhouse structure (2V x 60' in size) for 66days to be located in the Menard's front arkim lot. The poly-vent greehouse does not meet the Code requirement for exterior materials and will enlarge Menard's area of outside merchandise for sale. John Gerten of 6425 Glen Avenue, Inver Grove Heights came forward to present the variance request. He noted that the structure will be a 21' by 60' Greenhouse to be located in the Menards Parking lot for the months of May and June. It will be used for the purpose of selling retail bedding plants. It is a first class green house designed for portable use. It will be located in the east corner of Menards parking lot and will be separated from the main traffic flow. It will be serviced by water from Menards automatic sprinkler system. No chemicals or fertilizers will be used. Johnson distributed a location map for the information of the Board members. In the past, Menards has had a variance on outside storage for lumber in the back of the building. The majority of this is screened. This request would be 2% over the other variance granted for outside storage. It does meet the building requirements for a temporary building. The Planning Commission has looked at the request and recommends that cement blocks be used for tie down purposes instead of water bags. Gerten said that there will be 320 blocks inside to tie the structure down. Johnson said she has had inquiries, but no opposition. She would recommend that any approval specify the variance is for 60 days only and it is to be removed after that time. Anderson asked if this type of request had been granted before and what hardship could be cited. Johnson answered that such requests had been granted before and the hardship could be that the plants need protection and the circulation of the people needs to be considered. ---- Board of Adjustments and Appeals ---- 2 Gerten said that Menards does not want the structure behind the fence. It would be restricted from public view and the insurance liability issue changes if it should be placed there. Anderson asked if the method of tie down would be concrete blocks. Johnson answered yes, it would be concrete blocks. Weeks asked if this was a lease agreement with Menards and how many parking stalls would be affected. Gerten answered that it was a lease agreement and eight stalls would be used for the structure. Weeks asked if signage and traffic flow had been discussed with Menards. Gerten answered that it had been discussed and the structure will only cover the stall areas and not the car accesses - the lanes are open for traffic. Weeks asked if such structures were installed in other locations. Gerten answered that there would be structures in Apple Valley, Inver Grove Heights, and Newport. They have done this for over 5 years at these sites. Weeks asked if this were successful, would a new request be required next year. Johnson answered that a new request would be required each year. Weeks asked about the installation time. Gerten answered it would be there from May 1 to July 1. A half day is needed for installation and take down. It would be made of white 6 mil 3 year white polyethylene that is fire retardant. Weeks asked why the proposed location was here instead of more to the south. Is it one structure? Gerten answered that water and electricity are located at this point. Yes, it is one structure. Vasaly asked if Menards would allow this to be located behind the fence, and would the drainage of the parking lot be affected by this structure. Gerten answered that Menards would not allow it behind the fence for insurance ---- Board of Adjustments and Appeals ---- 3 purposes. He carries his own liability. If behind the fence, the liability is different. The drainage water would run along the curbing into the storm sewer system. No chemicals or fertilizers will be used. There is not a drain inside the structure. Weeks asked about the hours of operation. Gerten answered they would be the same as Menards, but they would open later on Sundays. Weeks asked if the location is determined by Menards, why aren't they making the request. There was an area in front of the store where they sold picnic tables and benches. Why can't that be used for this purpose? Johnson said she had spoken with Menards and they are redoing that area. They plan to display small buildings and patio blocks. Gerten added that the area Weeks referred to is too small for this greenhouse. Wilkus asked if anyone in the audience had any questions or comments. No one responded. Wilkus closed the hearing on Variance Request 93-11. • MOTION: Anderson moved that the Board approve Variance Request 93-11 with the hardship being that the plants need protection and the location requested is a reasonable place to locate it in the parking lot considering the insurance problems. The variance would be conditional on two factors: 1. The variance is granted for a 61 day period. 2. The proponent should work with the Building Department on framing details and tie down methods. Weeks seconded the motion and it passed unanimously. B. ftuest #93-12 by the Independent School District #272 for 17185 Valley View Road for approval to construct a 40.800 sq. ft. addition to the Eden Prairie High School. The addition is proposed 50 feet in height. Public Zoning District and Shoreland regulations building height maximums are 30 feet. John Hamilton came forward to present Variance Request 93-12. He said he has been ---- Board of Adjustments and Appeals ---- 4 working with Eden Prairie Schools regarding a 40,800 sq. ft addition to the High School. This structure would integrate with the existing building. It violates code as it is higher than code specifications. He explained the location of the structure (south of the existing building). Johnson said that in each packet are copies of the site plan and building elevations. Also included is the Staff Report that went to the Planning Commission and the Council. In 1989 a variance was granted to the High School for expansion. The DNR expressed no opposition to this request. The Planning Commission recommends approval. It has been to the Council once for approval. Weeks asked how high the existing building is. Hamilton answered that it is three stories high or about 33-38 feet to the roof. The pent house is another 15 feet. This proposed building would be no higher than the existing penthouse. Anderson had questions about the DNR letter and also asked about storm water drainage. Hamilton answered that the drainage would be similar to the situation at present. There are retention ponds on each side. The roof drains to underground and drains into these ponds. • Anderson asked if the proposed structure would be any higher than the existing structure. Hamilton answered that it would not be higher. Wilkus asked what hardship was cited for the previous variance request. Johnson said that none had been mentioned. It does make the most sense to build in the same fashion as the existing structure. Hamilton said that they could put the mechanical equipment on the roof and screen it, but it would not be attractive. He felt that this is a better solution. John and Phyllis Pauley came forward and said that they live across from the High School on North Hillcrest Court West. They were concerned about the effect of this on the valuation of their home. Prices seem to be going down in that area. Wilkus said he was not sure of the affect, but the majority of this proposal would affect the south side of the High School. ---- Board of Adjustments and Appeals ---- 5 Hamilton told the Pauleys that if they were on the north side, they would have a hard time seeing the addition. Weeks asked if there was any practical way to locate this somewhere else. Hamilton answered that other options are expensive and not practical. They could make the building larger and put it inside - much cost would be involved. MOTION: Vasaly moved that the Board approve request 93-12 citing the hardship as placing the mechanical equipment on the roof without a penthouse would be less attractive and placing it inside would not be feasible. Weeks suggested an amendment stating that an attempt should be made to match the existing conditions. Vasaly accepted the amendment. Anderson seconded the motion and it passed unanimously. VI. OLD BUSINESS • A. SHAVLIK DECK Wilkus asked if a building permit had been taken out for the Shavlik deck. Johnson answered that she did not believe so. VII. NEW BUSINESS A. APRIL VARIANCES Johnson noted that the April variances consist of a Super America request - temporary packaging and shipping building, a Shoreland item on Bryant Lake, a lot size variance, and a side yard set back in an existing industrial building. B. COMMUNITY PROFILE BROCHURE Johnson noted that the manager's office has distributed a community profile brochure for all the Commissioners and Boards this year. It consists of the Community Profile and the Fundamentals of It ---- Board of Adjustments and Appeals ---- 6 Parliamentary Procedure. Each memeber recieved a brochure. C. DELAVAN DYE - NEW MEMBER Johnson noted that Delavan Dye is the other new member for the Board for this term. VH ADJOUPWNIENT MOTION: Anderson moved that the Board adjourn. Vasaly seconded the motion and it passed unanimously. Meeting adjourned at 8:10 P.M. ---- Board of Adjustments and Appeals ---- 7