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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 10/13/1994 } APPROVED MINUTES • BOARD OF APPEALS AND ADJUSTMENTS �1 THURSDAY, OCTOBER 13, 199 7:00 P.M. , CITY CENTER 8080 MITCHELL ROAD ATRIUM CONFERENCE ROOM BOARD OF APPEALS MEMBERS: ARTHUR WEEKS (CHAIR) , CLIFF DUNHAM, DELAVAN DYE, CORRINE DAHLQUIST LYNCH, RONALD MOELLER, KATHY NELSON, MARY VASALY STAFF PRESENT: STEVE DURHAM, COMMUNITY DEVELOPMENT DEPARTMENT SHARON STORHOLM, SECRETARY BOARD MEMBERS ABSENT: LYNCH, MOELLER CALL TO ORDER -- ROLL CALL • Chairman Weeks called the meeting to order at 7 : 00 P.M. Lynch and Moeller were absent and Vasaly arrived at 7 : 35 PM. I . APPROVAL OF AGENDA Weeks suggested that Item E (Variance Request 94-24) be the first item on the agenda for the evening. There were no objections . MOTION: Dye moved that Variance Request 94-24 be considered first on the agenda. Nelson seconded the motion and it passed 4-0 . Durham noted that item G (Variance Request 94-20) has been withdrawn. II . MINUTES OF SEPTEMBER 8, 1994 MOTION: Dunham moved that the minutes of the meeting of September 8, 1994 be approved as submitted. Dye seconded the motion and • it passed 4-0 . ---- Board of Adjustments and Appeals ---- 1 III VARIANCES • Weeks explained the order of the variance proceedings to those in attendance. E. Request #94-24 by George M. Grantier for 6626 Rainbow Drive to allow construction of a 3-season porch to the south side of the house which will be 56 feet from Purgatory Creek (City Code requires a 100 foot setback) . George Grantier came forward to present the Variance Request. He noted that this request had been continued and would answer any questions regarding the request. Several alternatives had been suggested, but were not practical for the following reasons : Placing the addition on the rear of the structure is not practical since additional grading and walls would be required. A 100 year old oak tree would have to be removed to give additional light. The proposed location is superior to the rear location because the accessibility from the home is better and enables the Grantiers to sit at ground level. Dunham had concerns regarding the proximity to the creek. • Grantier said measurements had been taken on the water level that occurred in the 1987 flood of the century. There has not been water in the basement of the home. The addition will be used to grow flowers . The structure will be a three season porch at the same level of the basement. It will be on a concrete slab and a peak roof will be incorporated. The neighbors have no objections. MOTION: Dye moved that Variance Request be approved. Nelson seconded the motion and it passed 4-0. A. Request #94-25 by the City of Eden Prairie, US West Cellular and Cellular One for approval to install a self- supporting antenna tower. The 200 foot high tower will accommodate police radio and cellular radio equipment. 1 25 foot city antenna will be mounted on top of the 200 foot tower, for a total height of 225 feet (Code permits 65 foot high tower) . Jay Littlejohn representing Cellular One and the City of Eden Prairie came forward to present the request. He had drawings to show the location and explained that they would like to increase the tower height an additional 25 feet. A new tower will be built,but all major trees will be saved. The brick will match the closest brick building. US West Cellular, ---- Board of Adjustments and Appeals ---- 2 Cellular One and the City will all use the same tower. The City has a need for increased communication equipment and it will benefit the cellular phone companies as well. He explained how cellular phones work. *Vasaly arrived at 7 : 35 P.M. Dunham asked about FAA approval and Ted Olson replied that this height has been approved. The frequencies are being reviewed at the present time. Safety lighting will be added to the new tower and no interference will affect the neighbors . MOTION: Dye moved that Variance Request 94-25 be accepted since it meets FAA requirements, the relocation improves the use and it is an asset to Eden Prairie. Nelson seconded the motion and it passed 5-0 . B. Request #94-26 by Northern States Power, Westgate Substation for 15100 West 78th Street for approval on the following aroject: 1) an existing 90 foot lattice tower will be replaced by an 80 foot single steel pole, 2) an existing 70 foot single steel pole will be relocated to accommodate the expansion on the east side of the site and, 3) a new 80 foot single steel pole will be installed to facilitate the expanded substation graded area (Code • permits 65 foot high towers) . Stuart Fraser, representing NSP, came forward to present the variance request which involved relocating the existing poles on the property. He said that due to local electric growth, they need to expand. The Council and Planning Commission have approved the request. A 70 ' tower will be moved to the north side of the property to replace a lattice tower that will be removed. Two new 80 ' single frame mono style transmission towers will be installed on the NE and SE areas of the property. Durham said that the City has no concerns regarding the request. MOTION: Dunham moved that the Board approved Variance Request 94-26 stating that it was necessary to have lighting. Dye suggested an amendment stating that this request would allow replacement of existing poles with new poles and the request is in compliance with the NEC. Dunham accepted the amendment. • Vasaly seconded the amended motion and it passed 5-0 . ---- Board of Adjustments and Appeals ---- 3 C. Request #94-27 by Doolittles Air Cafe for 12365 Sinaletree Lane for approval of parking off-site (shared parking with . Wal-Mart) , and zero lot line setback for parking on-site. Dan Olson, representing Doolittles Air Cafe, came forward to present the variance request. He said they are a family owned restaurant and want to expand to Eden Prairie on the outlot location of WalMart. The building will be 7, 000 square feet, but only 30 parking stalls will be on the site, so they would like to share 129 off site parking stalls with WalMart. WalMart has granted the easement and the Planning Commission and City Council have approved the request. Vasaly had concerns regarding parking requirements and Durham answered that 1 parking stall is required for three seats in the restaurant. A total of 165 stalls would be required. Similar situations in Eden Prairie are Bakers Square, Anderson Lakes Shopping Center and Norwest Bank. Dye had questions regarding signage and Olson said the issue had been resolved - it will not sit on top, but will be architecturally incorporated into the building which will be located toward the south end of the property. Nelson asked about safety issues regarding the traffic and pedestrian patterns around the proposed location. Olson responded that they have worked extensively with the Planning Commission and Mike Franzen to work out a curvature of the • road that will increase safety aspects . Even in high traffic hours at WalMart and Doolittles, there will still be excess parking stalls available. The most square footage that the restaurant could have would be 7, 000 and the City has approved 6, 400. MOTION: Vasaly moved that the Board approve Variance Request 94-27 and stated that the hardship involves the topography, which imposes limits on the project. Suitable arrangements have been made with WalMart and the restaurant will not interfere with traffic in the area. Dye seconded the motion and it passed 5-0 D. Request #94-28 by Adrian and Robin Toy for 9692 Clark Circle to allow construction of a front entrance addition 27 feet from the front property line (Code requires 30 feet) . Adrian Toy came forward to present the Variance Request. He showed plans of the present home and pointed out how small the entry hall was . This entry door swings back to the banister and tends to knock a person down the stairway. They are concerned about safety and their two year old child. Outside of the door, there is an existing covered, but not enclosed area. They would like to enclose this area as shown in a photo Toy submitted. All neighbors are agreeable as well as the Preserve Association Design and Review Board. ---- Board of Adjustments and Appeals ---- 4 Weeks asked if the porch would be enclosed and extended. • Durham said yes, the porch would be enclosed and there were not many options in this situation. Dunham suggested that the door be moved to one side in order to minimize the impact of the swinging door near the stairs . Nelson suggested that 5 ' be extended rather than 31 , but the Board noted that it can only grant what is asked for. Toy said compatible materials will be used on the entry since they are residing their home and putting in new windows at this time. Bruce Davis of 9652 Clark Circle, a neighbor, came forward to say that he was in favor of the request. MOTION: Nelson moved that the Board grant Variance Request 94-28 and added that the hardship was the closeness to the street and the unsafe situation in the entryway. Durham seconded the motion and it passed 5-0 . F. Request #94-21 by Larry and Linda Konya for 9928 Lawson Lane to allow construction of a 12 x 15 ' addition to the rear of their house which will be 9 feet from the rear lot line (Code requires a 20 foot setback) . Mrs . Konya came forward to present the request. She had met with the architect and had made plans for a three season porch that would be pleasing. Size was reduced from 12 by 15 to 12 by 12 '4" . She said the Johnsons have agreed to the plans . Durham said that the distance to the lot line was previously 9 ' and is now 12 . 51 . Konya confirmed that the porch was a four season, heated and insulated porch. The Johnsons did not like the solarium idea. Vasaly said she sensed some uncertainty as to whether the structure would be usable year round. It should be year round if space is a hardship. The space seems to be larger than needed. The builder said that if they seem vague on the heating decision, they are just submitting the preliminary drawings. As far as the area being larger than necessary, there is a door and a traffic pattern is needed. He explained the restrictions on making alterations to the great room and kitchen to accommodate the eating area. MOTION: • Dunham moved that the Board approve Variance Request 94-21, ---- Board of Adjustments and Appeals ---- 5 and stated that the exiting layout of the home and lack of lawn area in which to build are hardships. Dye seconded the motion and it passed 3-2 with Vasaly and Nelson against. A. Request #94-20 by K-P Properties Inc. for 17009 Duck Lake Trail to allow 1) Platting of proposed Lot 15 with 28 feet of frontage (Code requires 55 feet) , 2) Platting of proposed Lots 3-16, 13,889 square feet and 18,564 square feet respectively (Code requires 20,000 square feet) , and 3) Platting of proposed Lot 9, 75 feet wide at the 100 foot setback line (Code requires 120 feet) . Durham suggested that this Variance Request be tabled. MOTION: Dye moved that Variance Request 94-20 be tabled. Nelson seconded the motion and it passed 5-0. IV. OLD BUSINESS None V. NEW BUSINESS Durham said that there were two variance requests for November. Discussion took place on agenda items for the meeting with the Council as well as variance procedures and suggestions for improvement. Dye mentioned a property on Hwy. 4 and the road work in Eden Prairie as being two problem areas . VI ADJOURNMENT MOTION: Vasaly moved that the Board adjourn. Nelson seconded the motion and it passed unanimously. Meeting adjourned at 8 :50 P.M. ---- Board of Adjustments and Appeals ---- 6