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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 04/14/1994 APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, APRIL 14, 1994 7 : 30 P.M. , CITY HALL COUNCIL CHAMBERS, 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344 BOARD OF APPEALS MEMBERS: DELAVAN DYE, CORRINE LYNCH, ARTHUR WEEKS (Chairman) , MARY VASALY, RONALD MOELLER, KATHY NELSON, CLIFF DUNHAM BOARD MEMBERS ABSENT: DYE, MOELLER BOARD STAFF: ZONING ADMINISTRATOR JEAN JOHNSON RECORDING SECRETARY, SHARON STORHOLM I CALL TO ORDER - ROLL CALL Acting Chairman Weeks called the meeting to order at 7 : 30 P.M. Roll call was taken as noted above. II APPROVAL OF AGENDA MOTION: Vasaly moved that the Board approve the Agenda as presented. Dunham seconded the motion and it passed 4-0 with Lynch abstaining. III MINUTES OF MARCH 10, 1994 MOTION: Dunham moved that the Board accept the Minutes of March 10, 1994 as submitted. Vasaly seconded the motion. Motion passed 5- 0 with Lynch abstaining. IV VARIANCES Weeks explained the order of the Variance presentation process to those in attendance. A. Request #94-05 by David Kraemer for 14506 Staring Lake Parkway to allow the creation of a single family lot without frontage on a public street. • 1 Minutes Board of Adjustments & Appeals April 14, 1994 Mr. Schneider, representing the owner, came forward to present the variance request. He said he would like to create an interior lot that would have no frontage on a public street. On the site there are three lots : a far west lot (28, 000 sq. ft. , frontage on Victoria Drive) , a center lot (26, 000 sq. ft) and lot 3 (55, 000 sq. ft) . The entire parcel consists of 2 . 75 acres . This request is necessary because of the steep slopes in the area - a rise of 30-80 feet. Putting a driveway in on these steep hills would have a significant impact on the site. There are significant trees on the site that they would like to preserve. The property is not at present hooked up to sewer and water. It will be hooked up as part of the development. They would like to use the existing driveway and rebuild it. Weeks asked how much cutting would be involved with the proposed plan. Schneider answered that they will be remolding and smoothing out the humps, but will not make any major cuts . He showed the proposed and also the existing lines of the driveway slopes . He stated that this plan is the only practical way to get access to the existing home and also to the new residence on Lot 2 . The new plan will save all the trees . Johnson said that the Staff report is in each Board member's packet and the Planning Commission minutes are also included. Schneider has identified two hardships related to this request. Regarding the Declaration of Driveway Easement, it states 1" of bituminous material be used on the driveway and Staff would suggest 2" be used instead. A neighbor had sent a letter to the Planning Commission which expressed a concerned regarding the third lot and the set back. The Planning Commission agreed that the set back would affect lot 1 and not lot 3 . Options for development are to bring the lot line to the City street, but this would necessitate a second driveway. The City Council has already taken action on the 1st reading. Staff recommends a 2" minimum for driveway bituminous material and suggests that the address numbers be clearly marked at the end of the driveway. Vasaly asked if the lot to the south was a single family lot. Johnson answered yes, but no home has been constructed yet. Weeks asked if any other similar requests had been approved by the Board in the past. Johnson answered yes, one instance in the Jenkin Addition, • 2 Minutes Board of Adjustments & Appeals April 14, 1994 another in the northeast end and a third on Mitchell Lake. Nelson asked if there were any neighbors that objected. Johnson answered that there were none at this time. Vasaly asked how long the proponent had owned the property. Kraemer answered he had owned it for nine years . Vasaly questioned if the hardships in this instance were the steep grade and the unique site. Kraemer added that additional hardships were the lot line and the second driveway, the trees and the existing location of the house. Dunham asked if Kraemer had discussions with the neighbors since the Council meeting. Kraemer said after the first Planning Commission meeting the neighbors had expressed concern. Schneider added that after the second meeting, things were worked out. Everything has been fine since then. Dunham asked if certain architectural characteristics were favored by the neighbors . Kraemer said that Lundgren Homes are located to the north of his property and he plans to build a home similar to those. Dunham was concerned if two cars could meet side by side on the proposed driveway. Schneider said this would be no problem when the driveway is rebuilt. When the new home is constructed, the lot drainage will be directed towards a catch basin. Dunham asked about the height of the home and how it would involve sight lines. Schneider said the house is a concept, it is not sold yet. He explained the house plans to the Board. Nelson said she had some concerns about two homes sharing a long driveway: clearing of snow, maintenance, and safety. • 3 Minutes Board of Adjustments & Appeals April 14, 1994 Schneider said a Association will be formed. They will use the shared driveway via a declaration of covenants, sharing costs, rights, etc. . . It will be recorded and either party will have the right to enforce it. Nelson asked what the proponent would do if this were not granted. Schneider said they would go to the Council first, then consider a possible driveway to Staring Lake. It would be difficult with the steep slope. Weeks asked if Kraemer was the original owner of the home since he had lived there for nine years . Kraemer answered no, he was the 5th or 6th owner. Weeks had concerns regarding a one story versus a two story home on the site. . Schneider said that declarations will be recorded with the plat. It will be this fall or next spring when the home is built. Kraemer said there are lots of trees between the site and the neighbors in the back. Schneider said four homes could be built along the back of the property. Instead, they would like one home in the center of the lot. One or two stories in a home will have minimal impact. Weeks asked if the driveway will affect the market value of the site. Schneider answered that the lot will be sold quickly. There is a view of Staring Lake and mature trees - a nice lot for a walk out home. Weeks asked why Kraemer was not building on lot 2 . Kraemer added that the back yard was larger and more level on the Victoria Drive lot. Weeks opened the public hearing to the audience. 4 • Minutes Board of Adjustments & Appeals April 14, 1994 No response. Weeks closed the Public Hearing. Weeks asked about the feasibility of the grades and engineering proposed for the driveway. Has the City Engineer approved these plans? Johnson said the plan has been reviewed by the City's Engineering Department. Lynch suggested that the proponent notify the City and the Watershed before doing any grading. She added that the park fee should be paid and a copy of the recorded driveway easement should be on file. MOTION: Lynch moved that the Board approve Variance 94-05 on the conditions in the Staff Report. The hardship in this instance is the shape and steepness of the site. Vasaly seconded the motion and it passed unanimously. B. Request 94-06 by Cory Peterson for Fraser Community Services for 12845 Pioneer Trail to allow Floor Area Ratio of .25 and.22 for proposed Lots 1 and 2 respectively (Code maximum is .2) , and platting of 2 outlots . 1 acre adn 2 .5 acres in size (Rural District minimum lot size is 10 acres) . A representative, Cory Peterson, came forward to present the variance request. He explained that three parcels had been created when Hennepin County Highway #1 was rebuilt. Outlot A consists of 2 . 5 acres and there is no access to this lot. He asked that the lots remain rural . A zoning hearing would be necessary in order for the site to be developed. He explained the floor area ratios and added that it had been recommended that they be accepted. Johnson said the property under consideration has been disjointed by a county road for many years . She added that the problems under consideration regarding the site were lot size deviation and Floor Area Ratio. Options are: acquire more land, decrease the size of the home, build a two story structure (one story needed for handicapped residents) . The Planning Commission approved this and the City Council will hear it next Tuesday. If this is approved, she would suggest that no building permits be granted on the two outlots until City sewer • 5 Minutes Board of Adjustments & Appeals April 14, 1994 and water are available. Vasaly asked if the adjacent property is for sale. Could a purchase be negotiated? Johnson said Mrs . Shaitberger notified them of her desire to sell . The proponent said it would be very expensive - he had wanted to acquire the property to the east. Vasaly asked if there had been any calls from the neighbors to the north. Johnson answered some called wanting to make sure that this is the same property that had been seen by the Planning Commission. Dunham noted the grades on the site. The proponent said he had been working on a general subdivision on behalf of Fraser. This will be housing for assisted and disabled individuals . Handicapped access will be required. Nelson said she would like assurance that the home is completely handicapped accessible - counters, doorways, etc. The proponent answered that the bedroom and bathroom are handicapped accessible, but the kitchen work may be done by employees . Nelson asked about outside accessibility. The proponent said he could make a phone call now to verify that issue if the Board wishes . Dunham asked if there had been other variances on the floor area ratio. Johnson said that two similar homes were constructed last year but did not require variances as the lots were of adequate size. Vasaly was concerned about adequate outside area for the residents, but she added that the variance was small . • 6 • Minutes Board of Adjustments & Appeals April 14, 1994 Johnson noted that the site has outside space for residents; and also the City has programs for the handicapped and provides transportation if needed. MOTION: Vasaly moved that the Board allow the variance on the floor area ratio and the creation of two outlots (A and B) that are to remain in rural zoning. These outlots would need to be combined with other property to be rezoned or developed in the future. The hardship is the lot split created by the improvement of Highway 1 . Approval is contingent upon final City Council approval. Dunham seconded the motion and it passed 5-0 . VI. OLD BUSINESS A. GERTEN REQUEST FOR A TEMPORARY GREEN HOUSE AT MENARDS Johnson noted that the Gerten variance had been appealed to the City Council and the Council had upheld the Board's decision. VII . NEW BUSINESS A. MAY VARIANCE REQUESTS Johnson noted that two variance requests were on the schedule for next month at this time. B. NOVEMBER MEETING Weeks said that he felt there were several issues that needed to be reviewed at the future joint meeting with the Council: 1 . Consistency of approvals 2 . Sub-platting of lot 3 . Shoreline Variances 4 . Signage C. CITY BANQUET Weeks noted that there were forms for the Board members to fill out regarding the banquet. • 7 Minutes Board of Adjustments & Appeals April 14, 1994 VIII . ADJOURNMENT MOTION: Vasaly moved that the Board adjourn. Nelson seconded the motion and it passed unanimously. Meeting adjourned at 8 : 34 P. M. 8