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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 05/12/1994 APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, MAY 12, 1994 7:30 P.M., CITY HALL COUNCIL CHAMBERS, 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344 BOARD OF APPEALS MEMBERS PRESENT: DELAVAN DYE, CORRINE LYNCH, ARTHUR WEEKS (Chairman), RONALD MOELLER, KATHY NELSON, CLIFF DUNHAM BOARD MEMBERS ABSENT: VASALY BOARD STAFF: ZONING ADMINISTRATOR JEAN JOHNSON RECORDING SECRETARY,SHARON STORHOLM ZONING INTERN, ERIC SCHNEIDER I CALL TO ORDER - ROLL CALL - PLEDGE OF ALLEGIANCE Chairman Weeks called the meeting to order at 7:30 P.M. Roll call was taken as noted above. II APPROVAL OF AGENDA MOTION: Dye moved that the Board approve the Agenda as presented. Nelson seconded the motion and it passed unanimously. III MINUTES OF APRIL 4, 1994 MOTION: Dunham moved that the Board accept the Minutes of April 14, 1994 as submitted. Lynch 1 Minutes • Board of Adjustments & Appeals May 12, 1994 seconded the motion. Motion passed 4-0-2 with Dye and Moeller abstaining. IV VARIANCES Weeks explained the order of the Variance presentation process to those inattendance. A. Request #94-07 by Jim and Nancy Stokes of 6548 Kurtz Lane for permission to extend the garage out 10 feet closer to the street creating a front yard setback of 20 feet (Code requires a 30 foot front yard setback. Jim and Nancy Stokes came forward to present the request. They said they would like to extend their garage 10' since they have a water problem in the workshop area each Spring. This is not a problem during the summer, but causes considerable problems when the snow is melting. The shop entry is on the west side. If a garage extension were constructed with overhangs, it would channel the water toward the street. They plan to use the extra space for storage rather than constructing a yard shed. Stokes pointed out the location of the • workshop and drainage area around the home by using an overhead projector. Weeks asked if the water problem could be solved without extending the garage. Stokes said several things had been tried, but none worked. Eric Schneider, Zoning Intern, gave the Staff Report on this Variance Request. He noted that other homes in the area are all at a 30' setback on Kurtz Lane. In addition to this one, two other homes border the cul de sac. A swale causes rain water to come into the proponents basement. He has made efforts to correct the problem, but the topography and house design continues to bring water in. There have been no comments from the neighbors. Lynch asked why 10 feet was needed. Would 5 or 6 feet do the job? Mrs. Stokes answered that they could use the extra storage space and would like to gain more extra room than 4-5 feet will bring. Lynch asked if the Stokes' were sure that this would solve the problem. Stokes said that this would dry the ground up, which is necessary to solve the problem. • 2 . Minutes Board of Adjustments & Appeals May 12, 1994 Nelson said that this appeared to be a difficult location to slope the water away. Stokes said that his intention was to have it certified by knowledgeable people to insure that it could be done. Two extra inches for the garage floor will be added. Hopefully these improvements will eliminate cars bumping on the street as they back out of the driveway. Moeller asked about the area under the garage and the swale. Stokes said the home was built this way. The first 5 or 6 years they had no problems, but now it is getting worse and worse each year. This addition should move the water to higher ground. Mrs. Stokes said that a problem arises when snow builds up over the winter, melts, and then runs into the garage in the Spring. Dunham asked if the proponents had tried waterproofing the wall or installing drain tile. • Stokes said that some of these measures had been taken when the home was built. They have continued waterproofing the wall every 5 or 6 years. Dunham asked exactly where the water came in. Stokes said it was coming in along the wall. Dunham asked if landscaping to divert the water had been tried. Mrs. Stokes said they had installed shrubs, rock and plastic. Stokes said that the wall has deteriorated more and more and now they have to shovel the snow away from the foundation in the Spring to lessen the problem as much as they can. Dunham asked if the shrubs hold the water near the house. Stokes said that the plastic and rock are sloped away from the house. Weeks asked Stokes to verify which wall was leaking and explain the floor construction of the garage. 3 Minutes Board of Adjustments & Appeals May 12, 1994 Stokes pointed out the leaking wall and said that the garage floor was constructed of spancrete with a cement topping. Weeks asked how many years Stokes had resided in the home and what type of soil was surrounding the home. Stokes answered that they had lived there for 13 years and the soil type was mostly clay. Weeks said that at this time it is uncertain if waterproofing would solve the problem or not. It is difficult to determine from this information if all possibilities have been exhausted. More water will be shed to either side of the garage if the garage is extended. Mrs. Stokes said that if the garage is extended, the water will then take the path of least resistance and run away from the house. Weeks asked if drain tile had been installed. • Stokes answered that they had installed drain tile. Weeks asked if the garage were to be extended 10', how would it be constructed. Stokes said they had a plan drawn up. Nelson said she would like information from the builder doing the construction. Weeks opened the hearing to the public. Randall Bredenberg of 6520 Kurtz Lane came forward and said that he works for Ryan Construction. Before this job, he had worked for Knutdson Construction. He deals with similar problems every day. In this instance, the water problem is at the front (big) door of the garage. The block has been sealed and waterproofed - he has seen the paint. Water is coming in at every seam and there are hairline cracks in the joints. It could be sealed, but sealant will crack and water will come in again. Plants and shrubs help, but 10 more feet of dry soil is needed to prevent the problem. Bredenberg said that the driveway moves up and down every Spring. He will do the work on the driveway and garage slab and Cox will do the rest. The floor has to come up at least 2" in the garage. They plan to put a 2" topping of what is there now.There will be no • 4 • Minutes Board of Adjustments & Appeals May 12, 1994 seam on the concrete inside the garage. This home sits on a cul de sac. It is not like a person can see which house is out farther than the others. Weeks asked about the appearance of the garage coming out 10'. Bredenberg answered that it will not hurt the appearance at all. It will blend with other neighbors homes which also protrude. He said he could not see any other alternatives in this situation since the water is coming in through the blocks and not at the footing level. The asphalt driveway is settled and there is a swale there which will need to be moved toward the street. He would like to cut the curb down to take water away from the garage and eliminate the cars bumping as they back out. Brian Rosengren of 6544 Kurtz Lane came forward and said of all the houses in the neighborhood, his would be affected the most. He said Stokes had asked him several times about his feeling on this project and he had told him that he had no problem. It would not impact any of the other neighbors. • Weeks closed the public hearing. Weeks asked Stokes about the construction schedule. Stokes said the work would be done hopefully in June,but for sure by Fall. Weeks asked Stokes what the hardship was. Stokes answered that the water was flowing through his workshop and the walls and floor were deteriorating. MOTION: Dye moved that the Board grant Variance 94-07 to alleviate potential erosion of the garage wall and maintain the safety and security of the home. Nelson seconded the motion and it passed 5-1 with Dunham voting nay. B. Request #94-08 by Grove Nursery Center of 15001 Martin Drive for permission to operate on-site from mid-April to mid-October, a wholesale nursery business with the following: (1) outside storage of plant materials, (2) outside storage of 2 bobcats and a • 5 • Minutes Board of Adjustments & Appeals May 12, 1994 one ton truck, (3) one 8' x 24 temporary office trailer and 2 storage sheds with wood exteriors. Ron Rolstad of Maple Grove, MN came forward to present the variance request on behalf of Maple Grove Nursery Center. He said that this site has been used as a wholesale nursery center since 1986. He would like to continue to operate a wholesale nursery from that site from mid-April to mid-October until a decision has been made on the future of the site as it pertains to Hwy 212. They have a lot of customers in this area. There will be an office trailer and six employees at the site, four of which are general labor. Loaders need to be on the site in order to move and load trees and shrubs. Dump trucks are needed for delivery. Johnson said that the previous variance on this property was in 1986 for a similar situation. Information is included in the packet regarding different variances that have been granted in the past. The proponent would like to operate from mid-April to mid-October. The office trailer could be moved off in the Fall if the Board would prefer. The building code allows them to occupy the trailer for no more than 180 days or else it must be equipped with ties downs and be hooked up to water. Eventually the State Highway Dept will want the land to enlarge a storm water pond, but probably not until the year 2000. Staff is not comfortable with granting this request for more than two years at a time. Conditions that should be included are: 1. Variance good for two years or until the State acquires the land. 2. All pots, palates and rock are to be screened if on site. 3. The green metal trailer is to be removed at the end of each season. Johnson noted the photo of the site in the packet and added that no negative comments have been received from neighbors. Moeller asked about the equipment presently stored on the site. Johnson said that there is an office trailer on the site at this time and the business is now operating under the variance from 1986. With the extra items that have been added, a new variance request was necessary. Weeks asked when the 180 days started. 6 . Minutes Board of Adjustments & Appeals May 12, 1994 Rolstad answered that it has started in mid-April. Nelson asked which trailer was to be removed. Johnson answered that it was the green one you see first at the site. Rolstad said that they had decided to move the trailer closer to the berm area so it would not be an eyesore from Hwy 5. This move would reduce it's visibility. The entrance has been sodded and the berm has been raised and planted with plant materials. Johnson explained access to the site in response to a question from Dunham. Nelson asked if the berm had been planted. Rolstad answered that it had been planted and was just starting to leave out. • Nelson asked if the grass was being mowed. Rolstad answered that the berm has been maintained but that area facing Hwy 5 has been left in a natural state in the past. Dunham asked if the fuel tanks were acceptable. Johnson said she would have the Fire Marshall check it out. Dunham asked what signage would be used at the site. Rolstad said he would like one on Martin Drive. Dunham said that at present the site is unbecoming a landscape business. It is messy and not taken care of and this concerns him. The sod is placed sporadically and not completely. Rolstad said they have made a significant improvement to the site up to this time. Dunham asked about portable toilets on the site. Rolstad said that such units would be used on the site. • Minutes Board of Adjustments & Appeals May 12, 1994 Dunham asked about the rough grade on the south side of the site. Rolstad answered that it was being built up this Spring and they want to increase the height in order to shield the view from Hwy 5. The area needs more grading. Dunham asked if the company was doing a lot of business in Eden Prairie. Would there be a permanent site in this area? Rolstad said they were looking for a permanent site. This is the first time in this area. Their business would be very similar to the business that was on this site previously. Moeller asked for more detail on the nature of the business. Rolstad answered that they stock inventory for landscape companies and nurseries on a daily basis. • Moeller asked about the tanks on the site. Rolstad said they were elevated and are used to provide fuel for the loaders, etc. Moeller asked if selling would take place on this site or would it just be a pick up location. Rolstad said that selling would take place on site from a trailer. Moeller asked what the proponent considered the hardship in this instance. Rolstad answered that they would like to operate for just 180 days so the land owner does not have to put in permanent structures, considering the situation with Hwy 5. They would like to use the site as it is set up until the Hwy Dept makes use of it. Moeller asked how long this site has been used on a temporary basis. Johnson answered that it has been used in this way since 1986. Weeks asked who would be responsible for maintaining the property. Is this property being leased? Rolstad answered that the lease is being drawn up and the maintenance has not been 8 Minutes Board of Adjustments & Appeals May 12, 1994 discussed yet. Weeks asked about the Highway 212 project. Johnson said it would probably take place in about the year 2000. She said that this property is not much of a buy out for the State with only temporary buildings, it would be more costly if the buildings were permanent. Rolstad said they will only need one fuel tank and it could be placed out of sight. Weeks asked what would happen after 180 days. Rolstad said that the equipment will be left there, but the site will not be in operation. Weeks asked about the drainage on the property. Rolstad said it was a problem. He has tried to eliminate it and to run a neater, cleaner, more efficient operation. A new road system will be put in. Weeks asked where the proponent has conducted business before this time. Rolstad answered that Maple Grove is their permanent site. Moeller asked if the operation would run in the winter. Rolsatd said that if trees or shrubs are left in stock at the end of the season, they would like to store them on the site over the winter. These would be laid down and covered up. No equipment would be left on site. Nelson asked about planting the berm area. Rolstad said that planting has taken place on top of the berm area. Nelson asked about the sides of the berm. She added that it did not look at all neat from Martin Drive and Hwy 5. Rolstad said there are no plans to mow or sod the berms. Shrubs can be planted. • 9 • Minutes Board of Adjustments & Appeals May 12, 1994 Lynch asked if this business would be open to the public. Rolstad answered no, it is not open to the public. Weeks asked if the business was wholesale. He had additional questions on the vehicles on the site. Rolstad answered that this was a wholesale business that supplied contractors and nurseries with plant materials. Vehicles on the site would include a pick up truck, a trailer and a one ton truck. There are semi trucks coming in on a regular basis. The driveway is crushed limestone. Johnson added that the proponent will hard surface the driveway entrance 12-14 feet back from the street. Moeller asked if the fuel tank would be an environmental problem. • Johnson answered that it may need some containment around the base. She will check this with the Fire Marshall. Moeller asked if there was any conflict regarding the land use. Johnson answered no, the area is industrial and limited office use. Moeller asked if the vehicles could be parked in a way to make the site look better when not in use. Johnson said that planting grass seed on the berm would look better than weeds. Rolstad said they would park the vehicles out of sight when not being used. Weeks asked who had paid for the improvements to this time. Rolstad answered that he had paid for them. Weeks opened the hearing to the public. David Luce of 15236 Boulder Point Rd came forward. He said he was the owner of Arteka • 10 • Minutes Board of Adjustments & Appeals May 12, 1994 and had no opposition at all, in fact, he would like to see the business at that location. He noted that improvements have been made to the site this Spring and the berming was just done recently. Arteka is the type of company that will utilize this business. Weeks closed the public hearing. Weeks asked what the marketing strategy was for the proponents company. Will there be a permanent site in Eden Prairie? Rolstad said he would like to operate as long as possible from this site, but will also be looking for property that can be used on a more permanent basis. This site would be left in good shape. Weeks asked how they will discourage retail customers. Rolstad said he already has some signs that say "Wholesale only." • MOTION: Dunham moved that the Board approve Variance 94-08 because of the indecision of the State to purchase the property. Conditions that will be added to the Variance are: 1. Variance is good for no more than two years commencing May 12, 1994 or at such a time that the State acquires the property, whichever comes first. 2. Items such as pots, pallets, rock, etc, shall not be stored outside on the site unless they are placed up against the north side of the berm that runs along the south side of the property line and are not visible to any public road. Parking of the truck and bobcats be in the area labeled "parking" on the site plan. 3. The green trailer parked on the site and not conforming to Code or part of this request be removed within 30 days from date of approval. 4. The dressing up of the property on the south side be completed by installing plantings. Dye seconded the motion and it passed unanimously. • 11 Minutes Board of Adjustments & Appeals May 12, 1994 VI OLD BUSINESS A. PREVIOUS KURTZ LANE VARIANCE Re: Sherwood Variance It had been granted with one year to complete the work or a $100 fine would be imposed. The work is not done, so starting next week, a $100 fine per week will be imposed on that proponent. This fine can be put on the property taxes if necessary. The proponent may come back for an extension. Neighbors have complained about the site. She will keep the Board updated on the progress of the situation. VII NEW BUSINESS A. VARIANCES FOR JUNE • Johnson said that there will be 5 or 6 variance requests for June. B. JOINT COUNCIL AND BOARD MEETING Discussion took place on items that should be discussed at the joint meeting. VIII ADJOURNMENT MOTION: Moeller moved that the Board adjourn. Dunham seconded the motion and it passed unanimously. Meeting adjourned at 9:00 P. M. BARBVEAN\BOANIN542 12