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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 05/11/1995 APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, MAY 119 1995 7:30 P.M. CITY CENTER 8080 MITCHELL ROAD EDEN PRAIRIE, MN 55344 BOARD OF APPEALS MEMBERS: ARTHUR WEEKS, (CHAIR), CLIFF DUNHAM, DELAVAN DYE, MATTHEW HANSEN, CORRINE LYNCH, KATHY NELSON, MARY VASALY STAFF PRESENT: JEAN JOHNSON , ZONING ADMINISTRATOR; SCOTT KIPP, ZONING ADMINISTRATOR; ELINDA BAHLEY, RECORDING SECRETARY BOARD MEMBERS ABSENT: NONE CALL TO ORDER - ROLL CALL - PLEDGE OF ALLEGIANCE Chairman Weeks called the meeting to order at 7:30 P.M. All members were present, and Lynch arrived at 7:35 P.M. I. APPROVAL OF AGENDA MOTION: Dunham moved that the Board approve the Agenda as amended: move Election of Officers to the end of the agenda; delete item III as being unnecessary. Vasaly seconded the motion and it passed unanimously. H. MINUTES OF MARCH 9, 1995 MEETING MOTION: Dunham moved that the Board accept the Minutes of March 9, 1995 as published. Nelson seconded the motion and it passed unanimously with one abstention by Vasaly. 1 Minutes, Board of Adjustments & appeals May 11, 1995 III. VARIANCES Weeks explained the order of the Variance presentation process to those in attendance. A. Request #95-12 by Ned Hirschler for 6601 Canterbury Lane (North terminus of Canterbury Lane) for approval of the platting of a lot zoned Rl- 13.5 having 30 feet of frontage on Canterbury Lane (Code requires a minimum of 85 feet of frontage on a street or 55 feet on a cul-de-sac). Ned Hirschler, owner, reviewed his variance request with the Board. He noted that he is proceeding with a development proposal to construct a single-family home with access off of a T-type turn-around as opposed to constructing a cut-de- sac to serve the site. The reason for this is to save the trees because with the cul- de-sac they would loose a lot of trees. They are building a single family house on this property. The T-type turn-around has been approved by the Planning Commission, the City Council, and the Parks and Recreation Commission. By creating the T-type turn-around instead of a cul-de-sac, there is only 30 feet of frontage because it's on the end of Canterbury Lane. The existing frontage to the property is basically the width of the road and they don't have the required 85 feet. iKipp reviewed the history of this site with the Board. The proposal is to construct a single family house, and the idea of a T-type turn-around was suggested and designed, such that, it would be built to City standards. It would have to meet the City requirements for snow removal and emergency vehicle operations. The City Council endorsed this because the design saves the majority of the existing trees. There will be some minor tree removal, but none of the significant trees will be lost. The design minimizes the impact on the site. Weeks asked if there was ever a design that showed a cul-de-sac at any point in time. Kipp replied yes, but it was just a conceptual design. Weeks inquired as to whether there was any analysis of how many trees would be lost at that time. Kipp responded no. Nelson asked if this site is going to be one lot permanently. Hirschler replied it will remain only one lot. Nelson expressed concern about the possibility of dividing this site and putting in another access. Kipp noted that the project has only been approved for one lot and that any change to the plan would require a review and approval by the Planning Commission and City Council. 2 Minutes, Board of Adjustments & appeals May 11, 1995 • Lynch expressed concern about Hennepin County having a need for any future development or access to their adjoining property. Kipp replied that the grade is 2:1 and it would limit any kind of development. He noted that Hennepin County has no need for the property, and has offered it to the City in the past. Hansen commented that he supports the variance request. Vasaly expressed concern about the T-type turn-around having an adequate amount of space for emergency vehicles. Hirschler noted that they had it approved by the fire marshal and he suggested the exact dimensions used. It will be built to City standards. Hearing no comments, Weeks opened the public hearing. Weeks closed the public hearing. MOTION: Nelson moved that the Board accept variance request #95-12, the hardship being the unusual access of this lot to the existing street, and the wooded area that would be greatly impacted by the previous planned cul-de-sac, and this is subject to the recommendations on page 4 of the Staff Report. Vasaly seconded the motion and it passed unanimously. • B. Request #95-13 by Best Buy Co., Inc for 7075 Flying Cloud Drive for annroval to allow a 318 square foot wall sign on the west wall of their building at the above address (Code permits an 80 square foot sign). Bill Erikson noted that he is under contract with Best Buy to install the signage, and Best Buy has asked for his recommendations on reasonable letter size. After reviewing the location, he has designed a six foot letter height, which stretches out 53 feet. Based on the size of the building and the setback from Highway 212, in his opinion, this would be the minimum size that would be readable. Photographs were handed out with the letters superimposed on the photos. They were taken from near the end of the parking lot. Erickson said there is still another 300 or 400 feet to Highway 212, and it's very hard to read. Best Buy's corporate color is yellow, so they are going to loose viewing distance. Six foot letters would be the minimum to make this sign work, and it fits the building because it's so large. Anything smaller than that is not going to be readable. In response to the letter from Dennis Davis, of Argosy Electronics, Erikson spoke to him about his concerns. Davis is concerned about additional traffic if people think the corporate site is a Best Buy store. They came to an agreement that if Best Buy would add,"corporate headquarters", Davis would not be in denial of • this variance. Best Buy is considering this, but then their request would for more 3 Minutes, Board of Adjustments & appeals May 11, 1995 • square footage. There is a pylon sign out front that has a monument type sign, but it is totally not visible from Highway 212. Carole Waggoner, Signage Coordinator, Best Buy Co., reviewed her variance request with the Board. She even noted that one of their major concerns is that local businesses have a very difficult time finding their location, nor do they know they are there. They have thousands of vendors coming in from out of town and a major hardship for them is not being able to find the building. The channel letters were chosen because they differ from the ones used at the retail stores with the big yellow ticket. They currently have in stock six foot letters to use, and it will help them as far as not having to purchase another size letter that they don't feel will work. Weeks asked if there currently was any other signage on the building. Waggoner replied no. Erikson noted that the previous tenant, Lee Data, had letters are close to the size of Best Buy's that they are proposing. Weeks asked if this signage is intended to be at the same location as Lee Data's previous signage. Waggoner replied that it's right above where Lee Data's sign was. Johnson reviewed the background of Lee Data's variance requests, which were • approved back in 1983 and 1984. She noted that this location is quite a distance from Highway 169 and 212. Staff suggested that Best Buy use a height of four foot or 3 1/2 foot letters. Staff also suggested placing yellow letters, with more of a dark edging to be more visible, and the size of the variance could be reduced. Johnson said that notices were sent out to people within 500 feet. The only letter received was from Dennis Davis of Argosy Electronics. There have not been any phone calls. Lynch expressed concern about the need for two signs when there already is a pylon sign available. Johnson replied that this would be facing Highway 169, but they also have another street frontage which is West 70th Street. If people were coming in from that direction, a wall sign on that side would give some indication of the building. It would also give added visibility from Highway 169 because it would be higher on the wall of the building. Lynch expressed concern about setting a precedent. Johnson noted that it could set a precedent, but the Board could tailor it to the specific site sign, and have the conditions outlined. Weeks asked for other examples of corporate headquarters in Eden Prairie. • Johnson commented on Rosemount Engineering, a large industrial building with a wall sign that meets code, and a brown sign that meets code. SuperValu does 4 Minutes, Board of Adjustments & appeals May 11, 1995 not utilize the wall sign because they are set back quite a distance from the road. It would not be visible to have a wall sign, so they have a ground sign at the site entrance. Gelco also has a ground sign similar to the one at Best Buy but they do not utilize a wall sign either. Lynch questioned what the normal traffic access off Highway 212 would be to get to this building. Johnson replied that most likely people would get off Shady Oak and follow Flying Cloud Drive. Nelson commented that the visitors never really would go by the corporate headquarters on Highway 212. Johnson noted that if they were going northbound they would pass it. Erikson made reference to the monument sign, that it's really not that visible right now, and once the leaves arrive you can not see it at all. Weeks asked what Best Buy feels is the hardship. Waggoner replied that they feel it's more of a hardship of visibility for people trying to find them. Vasaly questioned how far they are set back from Flying Cloud Drive. Erikson replied approximately 800 to 1000 feet. • Dye commented about the signage at Flying Cloud Airport being about 80 square feet. Johnson responded that it's bigger, and the airport is under different sign criteria than a public district. Weeks asked if the proposed sign is illuminated. Erikson replied that it is illuminated. Weeks commented that coming from the south you probably would not be able to see the wall sign from Highway 212. Dunham asked if Best Buy feels it is so necessary to advertise with the corporate letters being yellow. Waggoner replied that it's their trademark and they do not want to deviate from that. This is a registered trademark. Vasaly commented that it's also because they happen to already have those letters. Waggoner noted that they don't ever do anything other than in yellow. Erikson commented that the value of those letters are about $13,000.00. Nelson suggested smaller black letters if their main purpose is simply to let their vendors know where they are. She expressed concern about six foot letters lighted at night. Waggoner noted that their corporate headquarters does not stay open late and they could possibly have the sign turned off after hours. • Nelson suggested that the City do a Flying Cloud Drive "this way" directional 5 Minutes, Board of Adjustments & appeals May 11, 1995 . sign to help people find the continuation of Flying Cloud Drive from the point of Highway 169 and 212, because it is a problem. Johnson noted that Staff would look into that issue. Erikson commented that there are a lot of people out there that do not realize Best Buy is a Minnesota company. They do not even realize they are in Eden Prairie. They want everyone, including the people out of town, to know that Best Buy is in Eden Prairie. Dunham commented that he does not believe that people will know the difference between the retail store and the headquarters simply by a yellow ticket or black letters. Weeks asked if there were any further plans to put retail at that location. Waggoner replied none whatsoever. Weeks opened the public hearing. Michael Winship, representing Argosy Electronics, expressed concern about additional traffic which would be created by having Best Buy's larger sign up there. He agrees that people will not understand the difference between the retail store and the headquarters. He suggested "corporate headquarters" be added to • the sign. He does not feel people would have trouble seeing their corporate colors coming down Flying Cloud Drive. He noted that a 300 square foot sign is typical of a billboard. He also noted that there is a multi tenant building directly east of Best Buy and does not think they were notified. He believes that they would have many concerns about the increased traffic in the area. He said that as time goes on, people will find the location of Best Buy with a little more ease. It does not warrant a hardship just because they own six foot high letters. Vasaly asked if they find that they have significant problems of people trying to find their building after giving them the address. Winship replied no, that they are in a little cul-de-sac on 70th and there is an outlot that goes over to Best Buy. He said that their building is terrible to find because it's in the middle of nowhere. They give directions and the people always find it. Weeks closed the public hearing. Vasaly commented that she feels strongly that there is no hardship here sufficient to grant the variance. She said that the present sign can be seen because she sees it all the time. It is not appropriate to use signs in order to assist people to find logos from a great distance away. Every church, home, school and business would use the same argument. Hansen commented that he sees the problem of people trying to find them, but • once they've been there once they won't have that problem again. He fails to see 6 Minutes, Board of Adjustments & appeals May 11, 1995 • where the hardship is. Weeks asked how many vendors on a daily basis come to their store. Waggoner replied approximately 200 to 300. Weeks asked if the vendors eventually get there. Waggoner replied that they do get there. She noted that they receive about 20 calls a day from vendors that are lost. They have 875 employees and it's difficult when they have to spend five to seven minutes on one phone call actually directing someone to the building. She also noted that they have a constant turnover of new vendors. Weeks noted that he can not find the hardship. He appreciates their concern about costs and also utilizing existing materials. The Board has to basically identify a clear hardship that's primarily based on physical constraints, not solely on economic constraints. Weeks asked if Best Buy is ready to accept any suggestions that Staff has made with regard to the contrast in color, different background color, or different letters. Waggoner replied that Best Buy does not allow them to change the color, but it's something she would discuss with them. She does not feel she can make that call. Weeks said they need to act on the item tonight and asked if they would like to • continue the item to evaluate the different options identified, or have the Board act on the current request. Waggoner atom she would like them to act on the current proposal. MOTION: Vasaly moved that Board deny variance request #95-13 because there is no hardship that's been demonstrated. Dunham seconded the motion and it passed unanimously. VI. OLD BUSINESS Johnson referred the Board to the letters sent out regarding whether or not members would be interested in participating in the phone survey that will be going on for residents. Anyone interested could let her know this evening. Johnson handed out a private data release form which will indicate whether or not members want their telephone numbers listed in directories. Johnson noted that next month there are five or six variance requests on the agenda. 7 Minutes, Board of Adjustments & appeals May 11, 1995 Johnson asked for comments from the Board regarding the checklists that are provided for each variance request. The members concurred that they are very helpful. Dunham noted that he would like to see a space for hardship on the checklist, and would like bigger location maps. VII. NEW BUSINESS Nelson requested that the City take a look at signage for Flying Cloud Drive because there is a dead-end there, and no sign to show where the continuance of it would be. VIIL ELECTION OF OFFICERS A. Chairperson MOTION: Vasaly moved that the Board nominate Arthur Weeks as Chairperson, and that the nomination be closed. Dye seconded the motion and it passed with one abstention by Weeks. • B. Vice-Chairperson MOTION: Dunham moved that the Board nominate Mary Vasaly as Vice-Chairperson, and that the nomination be closed. Nelson seconded the motion and it passed with one abstention by Vasaly. C. Secretary MOTION: Dye moved that the Board nominate Kathy Nelson as Secretary, and that the nomination be closed. Dunham seconded the motion and it passed with one abstention by Nelson. IX. ADJOURNMENT MOTION: Vasaly moved that the Board adjourn. Nelson seconded the motion and it passed unanimously. • 8 r Minutes, Board of Adjustments & appeals May 11, 1995 • Meeting adjourned at 9:00 P.M. • 9