Loading...
HomeMy WebLinkAboutBoard of Adjustments and Appeals - 01/11/1996 APPROVED MINUTES BOARD OF ADJUSTMENTS AND APPEALS THURSDAY,JANUARY 11, 1996 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: Scott Kipp, Planner Marie Wagner,Recording Secretary BOARD MEMBERS ABSENT: Corinne Lynch CALL TO ORDER-ROLL CALL- PLEDGE OF ALLEGIANCE Chairman Weeks called the meeting to order at 7:37 p.m. Lynch was absent; all other members were present. I. APPROVAL OF AGENDA MOTION: Dye moved that the Board approve the Agenda as published. Nelson seconded the motion and it carried unanimously. II. MINUTES OF OCTOBER 12, 1995 MEETING MOTION: Dunham moved that the Board approve the Minutes of the October 12, 1995 per Mr. Kipp's instructions to make three changes on the back page to correct the vote. Vasaly seconded the motion and it carried 6-0-0. MINUTES OF NOVEMBER 9, 1995 MEETING MOTION: Dye moved that the Board approve the Minutes of the November 9, 1995 meeting. Dunham seconded the motion and it carried 5-0-1, with one abstention by Nelson. MINUTES OF DECEMBER 14, 1995 MEETING MOTION: Dunham moved that the Board approve the Minutes of the December 14, 1995 meeting. Nelson seconded the motion and it carried 4-0-2, with two abstentions by Hansen and Vasaly. BOARD OF ADJUSTMENTS&APPEALS January 11, 1996 Page 2 III. VARIANCES Weeks explained the order of the Variance presentation process to those in attendance. A. Request#95-31 by Tom Morgan for 10160 Phaeton Drive to permit a garage addition 5 feet 6 inches from a side lot line City Code requires a minimum 10 foot sideyard setback with a total of 25 feet both sides in the R1-13 5 Zoning District. (Continued item from November 9, 1995 meeting) Mr. Morgan,residing at 10160 Phaeton Drive,told Board members about his next door neighbors who received a variance to build a third garage stall onto their home. The addition was built 2 feet 6 inches from his property line. He explained when his neighbors come out of the side door of the garage,they are on his property. Morgan showed pictures of his garage with the car inside, indicating there is not much room within. He stated other homes have a 5 foot set back. He indicated he does not want to go 2 feet, as his neighbor did,but 5 feet. Morgan displayed a list of neighbors in favor of the addition to his home. • Morgan stated he is requesting the variance because the lot is too steep to build farther back or he would build a double deep garage. Weeks said at the last meeting Morgan mentioned he would look into other alternatives. Steve Sather, a residential builder, spoke on behalf of Morgan. He stated Morgan's property is a walkout in the rear and drops 8 - 10 feet. In order to build an attached structure, the variance plan is the only way to accomplish this. He addressed the Board's suggestion to build a free standing structure by saying it would not be appropriate in this particular neighborhood, as well as,not allowing it to be used for a car. He also said several good oak trees would have to be removed. Weeks asked what the hardship was. Morgan also questioned that and asked what the Board's position was on hardship. Vasaly stated the main concern seemed to be additional storage and questioned why not build a smaller expansion that would accommodate storage and not a third car stall. Morgan stated it would cost $16,000, whether the addition was 4 feet or 10 feet. Hansen asked if there was space in the yard to put a shed. Morgan showed an example of a large tree that would have to be removed to do that. Hansen asked if a shed could be built to blend in with the house, in place of a third garage stall. Sather,the builder, said `as a neighbor, he objected to this' because it would not look good. Sather said he originally objected to the addition by Morgan's neighbor,but stated it turned out fine. He said he believes Morgan's would also look good. Weeks asked if the Grafs, Morgan's neighbors, would object to the addition by Morgan. Morgan . answered he hadn't asked them,but he did not think they would. Nelson asked if any trees would have to be removed for the third car garage and would the distance of the oak tree spoken of earlier be any different than it is now. BOARD OF ADJUSTMENTS&APPEALS January 11, 1996 Page 3 Morgan answered no. Nelson asked if the possibility of building a double deep garage had been looked into. Morgan said yes,but due to the set up of the house the garage would have to be at an angle. Dye indicated the difficulty in putting three cars in the garage using this scenario. Sather said his view would be to Morgan's garage. He stated he would rather look at a garage tied into the house. Sather stated he is in full support of Morgan. Weeks asked how many neighbors store cars outside of their garages. Morgan said none right now. Morgan said when the Grafs wanted to build their addition, he told them they would be close to his property line. The Grafs offered to buy two feet of Morgan's property,but instead both parties agreed to build a third stall. Morgan stated he did not understand how the city could grant a variance for the Grafs addition without allowing a variance for his addition. He said the addition to Grafs home has enhanced the look of their property. Nelson stated he is not opposed to Morgan's request. He said there would still be five feet from the edge of the property. Vasaly said she is disappointed that the Board granted the Grafs' request for a variance since it appears there was little hardship. She expressed concern over setting a dangerous precedence regarding the granting of requests of this nature for everyone if the Board approves Morgan's variance. Dye stated he is in agreement with Nelson. Hansen said it appears as though Morgan has ample room in his existing garage. He also said looking at Morgan's request individually indicates there is no hardship. Weeks asked if the existing landscaping on the front corner of the property would remain the same. Morgan said yes. Weeks expressed concern for the existence of enough room. Morgan said he could have the driveway parallel with the property line or at a angle. MOTION: Nelson moved that the Board grant variance request #95-31, with the hardships being the slope of the yard away from the house, making it impossible to go back on the property and the wooded nature of the lot,making it impossible to add in the back without removing trees. Dye seconded the motion. Request was denied due to a tie vote of 3-3-0,with opposition by Hansen, Dunham and Vasaly. B. Request#95 37 by Challenge Printing[Robert Lothenbach for 7500 Golden Triangle Drive to permit construction of a building addition with a portion of the northeast corner 16.3 feet from a side lot line City Code requires a side yard setback of 20 feet in the I-2 Zoning District. Weeks explained the request by Challenge Printing for an additional 30 day continuance so they could complete their evaluation of alternatives as directed by • the Board. Kipp stated that the neighboring property owner was also notified of request for continuance. BOARD OF ADJUSTMENTS&APPEALS January 11, 1996 Page 4 MOTION: Vasaly moved that the Board place this request on the agenda for February,a 30-day continuation. Hansen seconded and the motion carried 6-0-0. C. Request#96 01 by Shar AAA for 15750 North Hillcrest Court to permit a building addition 27.3 feet from a front lot line City Code requires a minimum 30 foot front yard setback in the R1-22 Zoning District, Shar Azizi,residing at 15750 North Hillcrest Court,mentioned he has been living in Eden Prairie since 1980. His home is in one of the earlier developments built in the 1960's. He described his property as being on a beautiful one acre lot. He explained the uniqueness of the home. The kitchen,living and dining rooms are on the lower level. He said his home has become small for his family and he wanted to sell it. After eight months on the market with no offers, in his opinion due to the unique layout, he considered alternative options. He spoke to a builder and developed plans to bring the kitchen, living room,dining room, and family room to have access to the garage. He mentioned there would be an encroachment of 2.7 feet into the front yard setback. Azizi discussed the proposal with his four neighbors, all of whom are in favor of it. Azizi showed the Board the encroachment. He said North Hillcrest Court curves in the area of his home. The column, stoop and a small portion of the bay window is the encroachment. He stated he wants to keep the expansion close to the garage in order to have direct access from the garage to the kitchen. Azizi showed the Board the elevation of the house. Weeks asked Azizi how he found out he would need a variance. Azizi said he had a survey of the house done. Weeks asked if Azizi had drawn out the plans and then discovered the encroachment. Azizi said the plans and the survey were being done simultaneously and then discovered the encroachment. Kipp said Azizi's neighborhood is older and the road has a larger right-of-way, 60 feet with a 28 foot wide street. He said homes have the appearance of being farther back on the property. He also said the majority of homes in the area are at a 30 foot setback. Kipp said the applicants hardship is the unusual layout of the floor plan. Kipp said Azizi's options were to eliminate the stoop for the 2.7 foot encroachment; down sizing the kitchen,however, the size of the kitchen does not appear excessive; or redo the whole home. Kipp said 45 notices were sent out and no calls have been received. Kipp said the columns for the covered entry are considered a part of the structure. Dunham noted the plan includes a 16 foot wide garage. Azizi stated the master BOARD OF ADJUSTMENTS&APPEALS January 11, 1996 Page 5 bedroom has very little closet space. He also said there will be no additional space for the garage. Dunham asked if the bay window could be eliminated. Azizi said most homes in Eden Prairie are built with character. He said the bay window would be functional, as well as,displaying character. Dunham asked if the columns were eliminated from the front porch would the covered entry still be considered part of the structure. Kipp said that a standard roof overhang of 2 -2 1/2 feet can to go into the setback. Dunham asked Azizi if he proposes to do landscaping. Azizi said he plans to relocate some existing landscaping, as well as, additional landscaping. Nelson said this was a minimal request and she had no questions. Hansen asked if consideration could be given to shortening the depth of the dinette area. Azizi said it is only 12 feet and to do that would reduce the functionality greatly. MOTION: Dunham moved to approve request#96-01; the hardship being the angle of the house on the property and the additional street right-of-way. Dye seconded and the motion carried 6-0-0. Weeks said the request must be implemented within one year. D. Request#96-02 by Independent School District#272 for Eden Prairie Hiah School at 17185 Valley View Road for Shoreland Ordinance variances for(a) building height to 50 feet Code permits 25 foot maximum and, (b) impervious surface of 43 7% Code allows 25% maximum. Also,a variance for zero lot line setback for parking Code requires a 10 foot setback Kipp said the applicants were sent a notice but there has been no response. Weeks suggested putting this request at the end of the agenda. MOTION: Vasaly moved to put request#96-02 at the end of the evenings agenda. Nelson seconded the motion and the motion carried 6-0-0. E. Req.uest#96-03 by Independent School District#272 for variance from Minnesota Uniform Fire Code: (a)to allow use of household type electrical appliances in a commercial building Code requires commercial duty appliances only.,and(b) to allow use of furniture not meeting_furniture flammability standards in schools Code requires all furniture to meet furniture flammability standards. Woody Franklin, Director of Facilities of Eden Prairie Schools, stated all school facilities have identified at least one area as a staff lounge or kitchen area. All areas are sprinkled and have ABC fire extinguishers. Franklin read from the . contents of his October 3, 1995 letter to Allen Nelson,City Fire Marshall, requesting remedies to the violations. He stated the hardship as being related to the educational"inclusion"process which accommodates student with special needs. He said to meet their dietary and medical needs, it is necessary to BOARD OF ADJUSTMENTS&APPEALS January 11, 1996 Page 6 strategically place small household refrigerators throughout the building to store necessary items. He also said this practice is essential to the health and safety of students. Nelson asked if the appliances would include a teacher having individual coffee pot in the classroom. Franklin responded saying a teacher at the far end of the building would think it practical to have his/her lunch in the classroom and would have a coffee pot. Dye asked if there was any knowledge of variances granted to other schools regarding the use of the questionable appliances? Franklin said he has spoken to others who are also going through variance requests. Franklin also said this is the first step in filing the variance with the State. Dunham asked Franklin if he understood what"not for household use"means. Franklin said it would cost three times more to purchase a commercial microwave. He also said items generating heat are the items in question. Dunham asked if the presence of a coffee pot,toaster etc. existed in all classrooms. Franklin said no; throughout the district, 50-60 coffee pots exist in well over one million square feet. The existing locations of these items eliminates the hardship of trying to get to a staff lounge between classes. . Weeks asked if the actual fin-niture pieces were donated or if the money to purchase furniture was donated. Franklin said the actual pieces of furniture were donated and are in a variety of locations. Dunham asked about the quantity of furniture being discussed. Franklin said approximately one dozen pieces at the high school, a half dozen in the middle schools and one or two pieces at Oak Point. Franklin responded no to Dye's question of whether or not a teacher can smoke within the school building. Franklin said a city ordinance prohibits smoking anywhere on school property. Franklin said the hardship would be trying to replace the furniture. Dunham said he does not approve of coffee pots and toasters in the classrooms because of the fire hazards they present. He asked Franklin what the scenario would be if a fire started from using these items, even though the buildings are sprinklered. Franklin said he is not technically qualified to answer but said the fire at Rosemount High School was contained rapidly where sprinklers existed,but in the areas lacking sprinklers,there was extensive damage. Hansen asked if Franklin has knowledge of fires in any of the facilities. Franklin said he knew of a couple of fires in the bathrooms of the high school. Hansen asked if students have been told they are prohibited from bringing stuffed furniture to the schools. Franklin said since the fire Marshall has issued the violations, everything is on hold until the matter is resolved. Vasaly stated it is hard to • balance safety and convenience. She also said it is feasible to reduce the number of appliances and buy commercial products. Franklin stated the cost would be approximately three times more. BOARD OF ADJUSTMENTS&APPEALS January 11, 1996 Page 7 Weeks asked why the distinction is being drawn regarding small appliances and furniture, and sprinkler heads,which the State Fire Marshall reports should be added or replaced. Franklin said the sprinkler head replacements are being funded by the state. Weeks asked Franklin why a variance was not requested for the sprinkler heads. Franklin responded because the state is funding the cost and because he acknowledges that the sprinkler system is critical to the safety of the people in the building. Franklin said the appliances are used in most homes and offices and typically they are not dangerous enough to cause fires and are not high risk. Weeks asked if there are any out-of-pocket costs the state does not pay. Franklin said if there is a need to add a sprinkler head,the state does not fund it. Kipp introduced Alan Nelson,Fire Marshall, City of Eden Prairie. Mr.Nelson said the difference between appliances is the serviceability. Household appliances are generally used at home for approximately one half hour and then turned off. In schools the coffee maker will be on all day long. He also said there are safety features but they do not stand up as well. He stated a school was burned by a commercial coffee maker. Mr.Nelson expressed concern for using timers because the appliance could turn on during weekends and holidays. Mr.Nelson said the State Fire Marshall doesn't see appliances as much of a • problem as the stuffed furniture. He said the older furniture is the concern. Regarding sprinkler heads,He stated in a smoldering furniture situation,there can be vast amounts of smoke before the sprinkler heads kick in. He also said there is considerable concern regarding children having access to fire materials and the greater probability of arson. Weeks asked if the Board denied the request and it were upheld by the City Council, what would be the process for identifying overstuffed furniture. Mr. Nelson responded,the school district would need to provide evidence that all furniture of an upholstered nature meets the state fire Marshall's requirements. Mr.Nelson said the school would need to remove the furniture and have another inspection. Kathy Nelson questioned the need for the furniture for plays. Mr. Nelson said the furniture could be used for the length of the play and then removed. Nelson said refrigerators are not a great problem because there is not a tremendous amount of heat in running it. Vasaly asked if microwaves were a fire hazard. Mr. Nelson said microwaves are a considerable source of food fires but not fires of considerable degree. He said if people use them attended, it is generally not a problem. Weeks commented the furniture item would probably be denied and asked Mr. • Franklin if he wanted this item addressed in this evenings meeting or if he wanted to come back with another proposal. Mr. Dunham asked if the Board can split several items apart. Weeks said the fire code variances have three categories that need to be satisfied. Mr. Franklin said the decision by the Board will be respected. BOARD OF ADJUSTMENTS&APPEALS January 11, 1996 Page 8 MOTION: Dunham moved that the Board deny the request for the overstuffed furniture. Dye seconded the motion. Vasaly amended the motion stating that no hardship is seen;the safety of the occupants in the buildings appear to be in jeopardy. The amended motion was accepted by Dunham and Dye, and it carried 6-0-0. Vasaly stated she does not see a hardship with regard to microwaves and coffee pots other than convenience; however, she understands the need for refrigerators for i.e., a diabetic. Dunham said a regional area for hot plates and coffee pots would be a better option than having them in each classroom. Hansen asked Mr. Nelson if he is in support of the variance to allow schools the use of small appliances if they met the following three conditions: 1. All appliances be U/L rated. 2. All power cords must be in good condition with no splices or repairs. 3. All coffee pots are to be unplugged at the end of each day. Mr.Nelson replied yes, saying typically when one of the appliances fail,they fail in a safe mode;they turn off. Hansen said perhaps the Board could consider • attaching recommendations for the school district to come up with policies that would keep appliances in a regional area. Kathy Nelson and Vasaly agreed. Franklin said there are areas having commercial coffee pots but household microwaves. He said there is a plan in the remodeling of the high school to add a designated kitchenette in those resource centers. Weeks asked Mr.Nelson if there was a concern that item#3 regarding the unplugging of coffee pots was realistic. Mr.Nelson replied a procedure could be set up where a janitor would be responsible for unplugging any items left plugged in. MOTION: K. Nelson moved to approve the use of household type electrical appliances as amended by Fire Marshal Nelson's memorandum with its three provisions, and add that schools must have a procedure to have each pot checked each day to ensure it is unplugged. Schools have option of allowing individual pots. Hardship being that there are academic reasons to have lounge areas;this does not seem to jeopardize people as the school will be in compliance with meeting safety precautions. Seconded by Hansen. Dunham asked for clarification. K.Nelson said set up with the janitors a routine for turning off coffee pots explaining, if they do not do so,the schools may themselves outlaw their use in the classrooms. Dye said schools must take • initiative and see that programs are set in place and upheld. Weeks asked Kipp what the procedures would be if the conditions were not met. Kipp said with regard to the electrical appliances, Mr.Nelson could work with Mr. Franklin and allow him time to follow through on the recommendations. Mr.Nelson said policy n BOARD OF ADJUSTMENTS&APPEALS January 11, 1996 Page 9 allows 90 days but extensions can be granted. Mr. Franklin said 90 days is sufficient. K.Nelson requested an amendment stating, "To be carried out within a 90 day time period", seconded by Hanson. Motion carried 5-1-0, with opposition by Vasaly. Dunham said he would like to see the same implementation period placed in the denial of the use of stuffed furniture request. MOTION: K.Nelson moved that a 90 day implementation be placed on the denial of the use of stuffed furniture request. The amendment was accepted by Dunham and Dye and it carried 6-0-0. Weeks informed Mr. Franklin of a 15 day period to make a formal appeal to the City Council. D. Request#96-02 by Independent School District#272 Kipp said he tried to call the architectural firm to no avail. He also said the packet may have gone to the applicant,the school district, and the architects may not have received it yet. Kipp said the Board could continue this item if they so choose. • MOTION: Vasaly moved for a 30-day continuance on Request#96-02. Seconded by Dye and the motion carried 6-0-0. IV. OLD BUSINESS None. V. NEW BUSINESS Kipp mentioned the memo regarding the City Center tree decorations and stated it was self-explanatory. He also said Cub Foods will come before the Board at the February meeting to request a variance for the size of the outdoor plant stands. VI. ADJOURNMENT MOTION: Dye moved the Board adjourn. Seconded by Vasaly and the motion carried 6-0-0. Meeting adjourned at 10:02. •