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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 03/14/1996 APPROVED MINUTES BOARD OF ADJUSTMENTS AND APPEALS THURSDAY,MARCH 14, 1996 7:30 P.M.,CITY CENTER CITY COUNCIL CHAMBERS 8080 Mitchell Road 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 CALL TO ORDER ROLL CALL- PLEDGE OF ALLEGIANCE Chairman Weeks called the meeting to order at 7:36 p.m. Dye and Hansen were absent. All other members were present. I. APPROVAL OF AGENDA MOTION: Vasaly moved that the Board approve the Agenda as published. Nelson seconded the motion and it carried 5-0-0. II. MINUTES OF FEBRUARY 8, 1996 MEETING MOTION: Vasaly mentioned a correction on page five,paragraph three. It should read Lynette Pollan Q Cuningham etc.... Vasaly moved the Board approve the Minutes of the February 8, 1996 meeting. Seconded by Dunham and the motion carried 5-0-0. III. VARIANCES Weeks explained the order of the Variance presentation process to those in attendance. A. Request#96 05 by Data Metalcraft Inc for 7875 Fuller Road to permit plain concrete block for 9% of the exterior building material on the proposed building addition (City code does not permit the use of plain concrete block.) Tim Miller of Miller Architects and Builders spoke on behalf of Data Metalcraft. Miller said for continuity purposes Data Metalcraft is requesting the use of plain concrete block on the front addition of the building only. He said if different materials were used, it would not allow the addition to blend in with the original building. Miller said the south and east side additions would be rock face and would comply with City Ordinance. He said the entire parking lot would be paved BOARD OF ADJUSTMENTS&APPEALS March 14, 1996 Page 2 • and enlarged,which would accommodate the lack of stalls at the present time and would enhance the appearance of the property. He also said drainage and landscaping would be enhanced as well. Miller said common block represents 9% of the exterior building material, which is a small percentage of the total project. Weeks said he had driven by the building and asked if the overhead door that was blocked would stay as is. Miller said that wall would be inside the structure. Nelson asked if there was consideration given to using more plants in the front of the building. Miller said the planned landscaping exceeds the requirements by the City. Weeks asked what would happen to the manufactured material that is stored behind the building. Gene O'Brien,owner of Data Metalcraft, said the items belong to Water Products. He said he notified them of the project planned for Data Metalcraft, and Water Products is currently looking for alternative storage for these items. Vasaly asked if zoning could be changed so that existing parking stalls could meet code. Kipp said zoning does not affect the number of stalls. He said it is the use of the building,which calls for 109 parking spaces. Vasaly asked what the addition would be used for. Miller replied manufacturing. Kipp said parking is being increased to meet code as well as providing for an anticipated addition of employees. O'Brien said currently there are sixty parking spaces;the addition . would bring the number to approximately 109 spaces. Vasaly questioned if Data Metalcraft had considered an altemative to making the new addition to look like the old. O'Brien said to take a building built in 1967 and bring up to 1996 standards would increase the expense per square foot to almost double. He said he's still questioning the feasibility of the current project cost of approximately $70 per square foot. Vasaly asked what improvements if any would be made to the old portion of the building. O'Brien said improvements such as fire sprinklers would have to be made. Kipp said the expansion will rezone the site to I-2, which prohibits outside storage. He also said the project has been reviewed and approved by the Planning Commission. Weeks asked when the ordinance specifying the type of block was enacted. Kipp said he thought it was probably in the late 1970's. Vasaly asked the proponent to articulate a hardship. O'Brien said to bring the current building up to existing code,it would need to be re-faced. He also said, it is important to keep the cost of the building reasonable to allow for the sale of it in the future. O'Brien said he wants to stay in Eden Prairie,however,the cost factor needs to be reasonable. O'Brien said plans include insulation in the roof, allowing for energy efficiency; and the entire facility will be air-conditioned. • Dunham stated although landscaping plans will meet code, perhaps additional BOARD OF ADJUSTMENTS&APPEALS March 14, 1996 Page 3 landscaping is needed to enhance the appearance of the site. O'Brien said there are currently some Blue Spruce trees on the site that will be moved,if possible, to a location that will enhance the site. He said if this option is not possible, additional funds will be spent on landscaping. Miller added that O'Brien has put a lot of effort in trying to enhance the project. He said O'Brien will be adding a new parking lot,new landscaping, curbs and gutters, storm sewers, and fire sprinklers. Miller also said O'Brien has an option to build in another city or he can continue to use the facility as is. Weeks opened the public hearing. Weeks closed the public hearing. MOTION: Dunham moved to approve Variance#96-05 to permit plain concrete block for 9%of the exterior building material on the proposed building addition. The hardship being maintaining continuity with the existing building. Dunham said the following conditions need to be addressed: outside storage, storm water contribution and utility plans. The motion was seconded by Nelson and it carried 5-0-0. Weeks stated the proponent has one year to implement the variance. B. Request#96 06 by Paul Thorp for the southeast corner of Duck Lake Trail and Duck Lake Road To permit within the proposed Rogers Homestead Addition: 1)Proposed Lot 14 Block 1.with a lot frontage on a cul-de-sac of • 42' (0tv code rewires 551.) 2) Proposed Lot 3, Block 1 with a lot frontage of 87' for a corner lot (City code rewires 100' for a corner lot).and 3) Proposed Lot 3}Block 1.with a lot size of 13.500 sq ft. and proposed Lot 16. Block 1 with a lot size of 16,000 sq, ft. (The Shoreland Management Code rewires a minimum lot size of 20,000 sq ft for an abutting lot.) Paul Thorp, developer of the project, said the overall development consists of sixteen single family lots,nine of which are on Duck Lake and conform to The Shoreland Management Code. He said the Lot14, Block 1 variance is a request to go from 55 feet to 42 feet. Thorp said the building site is quite a distance from the street. He said one way to remedy this would be to go to a 60 foot radius cul-de- sac rather than a 50 foot radius cul-de-sac as planned. He said 50 feet was chosen to preserve as many amenities as possible. He added that a 50 foot radius is also the city standard. Thorp said Lot 3, Block 1,requires a 100' frontage for a corner lot. He said average lot depth is 100'. Thorp said he could have pulled a line over to hit the 100 foot mark,however,he was concerned it would cramp the building site on Lot 4. Thorp said the Lot 3, and Lot 16, Block 1 variance was for Shoreland lot size. He said both lots are within 200' of pond. For this purpose,he stated this is being considered a part of Duck Lake. BOARD OF ADJUSTMENTS&APPEALS March 14, 1996 Page 4 Weeks asked what type of homes would be in this development. Thorp said the homes would be single family homes in the $200-$400K range. Thorp said he is not building homes,he is selling lots. Weeks asked what the shoreline on the drawings was relative to and what is considered normal. Thorp said ordinarily this is the high water mark. Weeks questioned the way Lot 11 appears to affect Lot 14 and to some extent affects how the cul-de-sac is divided. Weeks expressed concern regarding Lot 11 having a strange position and questioned whether or not a home could be built on such a lot. Nelson questioned if the footage on Lot 3 was off. Kipp said the footage meets minimum lot size of 13,500. Nelson said it appears to be a lot of house on such a small lot. Thorp said the size of the house is dictated by the owner and what they are willing to spend. Dunham asked if consideration had been given to having a 15 lot development. Thorp said,in his opinion,the lots sit nicely. He said eliminating Lot 3 would be a waste of land. Dunham asked Thorp for his definition of wasting land. Thorp said if Lots 2 and 3, or Lots 3 and 4 were combined, it would be more land than most people would want to maintain. Vasaly said the hardship appears to be created by the proponents own plan. • Kipp said the Shoreland Ordinance issue is due to the unique situation with the pond. Discussion ensued between the Board and Kipp as to the definition of an abutting lot. Thorp said,per a conversation with Bob Lambert, of the City's Parks Department,that the lake is too shallow for a boat launch ramp. He also said a hand launch access can be installed at the intersection of 168th Street. Dunham asked if a walking trail was being considered. Thorp said the City Council requires that he extend sidewalk along Duck Lake Road down to the lake. Kipp said the majority of impact will be around the cul-de-sac. He also said the wetland area affects the ability of laying out lots. Weeks asked why the previous developer withdrew his 1994 plan. Kipp said the developer did not want to proceed without the flexibility of a rear yard setback variance to 75 feet. Weeks opened the public hearing. Weeks closed the public hearing. Vasaly said she did not like to grant variances where it seems as though there is a possibility of accommodating zoning ordinance. However, she said in this case lot sizes were generous and the variances merit granting. Lynch said she had no problems with the variances. Dunham said his only concern is the area appears as though it's being over built. He said he hoped Thorp would relay those concerns. BOARD OF ADJUSTMENTS&APPEALS March 14, 1996 Page 5 Weeks said, in the past,builders have been asked to show buyers that decks are not physically possible on certain lots. He said this allows the buyer a choice of a smaller home with a deck or a larger home with no deck. Weeks and Vasaly said informing the buyers also reduces the likelihood of future variance requests for things like decks and porches. Vasaly said she doesn't want to grant variances if it means having other variances come from it. Kipp said potential homeowners will need to be made aware of the deck issue. He said a conservation easement can be established within the required 100 foot setback area, and recorded with the property to alert potential home owners of the setback requirement. Nelson said she had no problems with Lots 14 and 16,however, she said Lot 3 appeared small for the development and she too gets the impression that the area is being over built. Weeks said he,too,was concerned about the area being over built. MOTION: Lynch moved to approve all variances on Request#96-06 because of unique topography,location of wetlands and the lake area;to preserve the trees. Vasaly amended the motion. Condition of approval-lots 7 through 15 provide for an easement comprising the shoreline setback. Lynch had no objection. She added,to provide an easement within the Shoreland setback area for lots 7 through 15 to protect from structure encroachment. The motion was seconded by Vasaly. • The motion carried 3-2-0 with opposition by Nelson and Dunham. C. Request#96 07 by Grove Nursed Center for 15001 Martin Drive for permission to operate on site from mid April to mid-October,a wholesale nursed business with the following: 1)OWside storage of plant material.2) Outside storage of two bobcats and a one ton tuck, and 3) One 8' x 24' temporary office trailer and two storage sheds with wood exteriors. Ron Roalstad, President of Grove Nursery Center informed the Board of the Variance approved in 1994. Roalstad said the hardship is that the site has been designated as water ponding area when Highway 212 is constructed. He said he had to wait to see if this project could go ahead. Roalstad said the property continues to incur expenses to the property owner. Approving this variance would allow the nursery to assist the owners to defray costs incurred by this property, until the state acquires the site. Roalstad said there will be four or five employees working on the site and the operation will be the same as it was the last time. Nelson questioned why the nursery did not operate on this site in 1995. Roalstad said it was difficult reaching a lease agreement with the owners. Nelson asked if the nursery operated in Eden Prairie last year. Roalstad said no. He said they have another site in Maple Grove, however,he wants to operate in Eden Prairie because he has a large customer base • BOARD OF ADJUSTMENTS&APPEALS March 14, 1996 Page 6 • here. Vasaly asked if neighbors had a problem with the nursery operation in 1994. Roalstad said a number of people commented they wished the nursery were there sooner. Kipp stated this was a similar request to their last variance. He said the State is looking at ponding all of the site to be used as storm water handling for the 212 project. Kipp asked Roalstad about the Arteca vehicle on the site. Roalstad said Arteca has been asked to remove their equipment. Kipp recommended a condition that the equipment by Arteca be removed and that the variance is only for the proponent. Vasaly asked if seed had been planted on the berm. Roalstad said yes but seeds from weeds take over and don't allow this effort to be visible. Also,the slope does not allow for proper maintenance to occur. Roalstad said the only buildings on the site would be the trailer and two sheds which would be stored against the berm. Dunham asked if a toilet was included. Roalstad said no. Dunham said this would be a condition. Dunham asked about signage. Roalstad said he would like to have a sign in the area. Kipp said he did not recall a request for a sign in 1994. Weeks opened the public hearing. Weeks closed the public hearing. Lynch said the Board needs to look at previous conditions on this request, however, it appears the property can only be used on a temporary basis anyway. Nelson said she had no problems with the variance. She added it was a reasonable use for the property. Dunham said he had no concerns. Vasaly also had no problems with the variance as long as previous conditions are again enforced. Weeks also had no problems. MOTION: Vasaly moved to approve Request#96-07,hardship being the potential for highway 212 coming through on the site, allowing the only reasonable use of the property to be temporary use. Conditions added to the variance are: l. Variance is good for no more than two years, or at such 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. Arteca remove materials belonging to them within three weeks of tonight's hearing. • BOARD OF ADJUSTMENTS&APPEALS March 14, 1996 Page 7 • 4. Only equipment owned by Grove Nursery Center be stored on the site. 5. Variance to include a portable toilet not included in the original request. 6. Board requires knowledge as to the size and particulars of requested signage. Dunham seconded the motion and it carried 5-0-0. D. Request#96 08 by Cub Foods for 8015 Den Road for permission to operate a greater area of temporary outdoor display area in the parking lot than permitted by Code Two scenarios are being presented Scenario A• To Permit a total of 14 parking stalls for outdoor sales area 7 parking stalls to be used for placement of a temporary"greenhouse structure" and 7 parking stalls for placement of plant material Scenario B• To permit a total of 7 parking stalls to be used for placement of a temporary "greenhouse structure" For this site City Code permits 3 parking stalls for temporary outdoor display area. Steve Summers, Store Manager and Jerry Anderson, Operations Manager of Cub Foods said Cub runs promotions selling greenhouse plants and have been doing so since 1992. They said last years sales suffered due to lack of space. They also • said the greenhouse would be up for a period of 30 days. Summers said Scenario A allows the structure to be on the first seven parking spaces along the north side of the building. Scenario B would allow for the placement of the structure as well as additional plant material to be located outside the structure. Weeks asked how these scenarios compare to the way things were run last year. Summers said they stayed within the ordinance last year and basically ran a sidewalk sale that was less aesthetically pleasing to the eye than the containment of the products. Weeks asked if putting the structure on south side of the building would work. Summers said it would kill the grass that now exists there. He said there was some discussion, at one time,about paving that area and building a permanent structure but it was questioned whether that should be done for a one- twelfth of a year promotion. He also said it would actually be less visible from most of the parking lot. Dunham asked why Cub Foods needs to be in the greenhouse business. Summers said it is no different than being in any type of business that lends itself to bringing customers into their store. He said Cub Foods has various promotions throughout the year and this one brings tremendous promotional success. • Vasaly said the City adopted this Code specifically for this issue and asked BOARD OF ADJUSTMENTS&APPEALS March 14, 1996 Page 8 • Summers if he could tell the Board why the Code does not apply to Cub Foods situation. Summers said Cub Foods is not in a position to do anything other than a promotional period. Vasaly said consideration could be given to selling plants for ninety days instead of thirty days. Summers said there is no interest in selling plants for ninety days. He said they just want a promotion to draw people to the store. Weeks asked about the time frame of the promotion. Summers said approximately May 1 to June 1. Weeks asked about other store promotions such as pumpkins, Christmas trees and the like. Summers said they would probably not sell Christmas trees this year. He said the other promotions would be contained to three or four stalls or within the store. Kipp explained the Code as laid out in the staff report. Kipp said if the Board chooses to approve the variance, it may be appropriate for the Board to set a one year time period, as well as, applying the condition that Cub Foods pursue alternative options. Weeks asked about the size of the structure and if it was owned or leased. Summers said the structure is 20' x 60' and it is provided by the supplier of the • plants. Weeks mentioned the structure could be smaller. Summers said this option was considered,however,20' x 60' is the minimum size to properly display the product. Dunham asked Kipp if Cub's extra parking stalls,not required by Code, could be used for this purpose. Kipp said the percentage of the stalls that would be available for use for this purpose would be minute. Kipp also said he does not believe it was the intent of the Code to allow additional parking stall area for outside structures. Weeks opened the public hearing. Weeks closed the public hearing. Weeks asked Kipp how other retailers are dealing with the new change in ordinance. Kipp said, at this point, this is the first request. He said that prior to the code changes,the average business used approximately twenty stalls for their outside sales. With the current Code this brings Cub Foods down to three stalls. Weeks asked Kipp if there was a PUD retail project, would they be allowed to have outdoor space at a higher level. Kipp said he doesn't think the City Council would support that kind of waiver. Weeks questioned how the percentages were arrived. Kipp said he was not involved in that decision,but believes it involved staff reviewing outside sales areas in other communities that preserve the majority of the parking spaces. • Lynch said due to the adoption of this ordinance, she is in favor of the middle plan. BOARD OF ADJUSTMENTS&APPEALS March 14, 1996 Page 9 • Vasaly said she strongly opposes the granting of this request even though it is a convenience for shoppers. She said in granting this variance,the Board would be faced with other similar variances in the future. Dunham said he,too, was not in favor of the variance. He said Eden Prairie has many landscaping business that can handle this issue. He said he is not in favor of granting this variance to Cub Foods for a period of a month. Vasaly added that Cub Foods has the option of placing a permanent structure on their site. Nelson said she opposes the granting of this variance because other plant businesses in Eden Prairie are affected by Cub Foods promotion. She said Cub Foods can run a smaller project. She also said she is pleased with the Code updates. Weeks said he has problems with granting this variance also, due to the fact that Cub Foods has other options. Weeks asked the proponents if they would be willing to come back, in a continuation,with some other ideas. Summers said it appears as though the variance will be denied,therefore, Cub Foods will do the sale the same as last year,utilizing less space. Summers added that the south side of the building is designed for truck traffic around the back of the store. He said • the driveway is a one-way with truck traffic,however,he said this option would be reviewed. MOTION: Vasaly moved to deny Variance Request#96-08 due to the lack of a hardship. The motion was seconded by Nelson and it carried 4-1-0, with opposition by Lynch. E. Request#96-09 by Radiator Warehouse West for 6390 Carlson Drive to permit: 1) Use of four portable metal storage units on the property for a period of three years (City Code does not permit outdoor storage in the I-2 district) 2) To place the storage units at a 0' (zero) setback from the south side lot line (City code requires a 20' setback for structures in the I-2 district.) 3Lpermit expansion of a non-conforming use, Mike Tesch, son of Donald Tesch,owner of Radiator Warehouse business, said Donald Tesch was out of town due to a family emergency. Tesch said the business deals in new and rebuilt radiators, as well as the installation and repair of these items. The business,not the property, is owned by Donald Tesch. Weeks asked what was stored in the building and why the extra storage was needed. Tesch said new radiators are stored in the buildings and extra storage is needed due to lack of space in their two other buildings. Weeks asked if the items • could be stored off-site. Tesch could not answer without first speaking to Donald BOARD OF ADJUSTMENTS&APPEALS March 14, 1996 Page 10 Tesch. He also said Donald Tesch is looking at moving to another location in the future. Weeks asked for and update of the negotiations on acquiring the property. Tesch said the owners are away for the winter. He said he knows that what the owners think the property is worth and what the Tesch's think its worth are different. Vasaly asked if a continuation was granted to next month,would Donald Tesch be available. Tesch said his father should be back in two to three weeks and they would know more as to where they stand at that point. Kipp said a lot of this industrial area is non-conforming. He said the City asked for a survey of the property,but because the land owner could not agree on the cost, the survey was not done. Therefore, staff operated purely on photographs. Kipp said there are other industrial sites which provide for cold storage. Kipp said the other option would be to have warehouse needs off-site. He said there would be some conflict to accessing items,however,there is probably computer inventory access on-site. Kipp said the variance request could be minimized by limiting the storage units and the time frame. Kipp mentioned the conditions for consideration as printed in the staff report. • Kipp said there is a I-General zoning district across the street,however, this site was noticed due to its continued expansion. Weeks opened the public hearing. Weeks closed the public hearing. Vasaly said there is not enough information available at this time,therefore, she would like to see a continuance granted. Dunham also said he would like more information. He also questioned whether the continuation should be for sixty days, instead of thirty days,perhaps allowing the parties to settle the matter amongst themselves. Nelson suggested a sixty day continuance, and urged the proponent to seek an alternative solution. Kipp said the proponent should define their hardship. Nelson added that the containers stored on the property are unsightly and suggested the Board view the property. Weeks said he cannot support the request without more information from the owner and the lessee. MOTION: Dunham moved to continue Request#96-09 for 60 days with conditions to include alternatives and possibly some other resolutions. Seconded • by Vasaly. Amended by Weeks. The word options should be used in place of the a BOARD OF ADJUSTMENTS&APPEALS March 14, 1996 Page 11 alternatives. What are the options and the ramifications as it affects the proponent. The proponent should define the hardship with each of the options that are available. Amendment accepted by Dunham and Vasaly. The motion carried 5-0- 0. IV. OLD BUSINESS Tom Morgan, whose variance request was denied by the Board of Adjustments and appeals by a 3-3-0 vote, went to the City Council, which overturned the vote and granted Mr. Morgan approval of his variance. Weeks asked why the vote was overturned. Kipp said it was mainly due to the fact that neighbors were not opposed to the addition of a third garage stall, and the majority of the block has three stall garages. V. NEW BUSINESS Revised Shoreland Ordinance Kipp said the Shoreland ordinance was never formally adopted by the DNR. He said the new ordinance was analyzed and it incorporated many issues that are included in the State standards. Kipp said if you look at the State Shoreland Code, it is designed mainly for cabin settings. Kipp highlighted items from the staff report,which is included in the Revised Shoreland Management Code Book. Kipp said the Shoreland Ordinance exceeds what the DNR requires. Kipp said there is one item that will affect the Board. He said the current ordinance requires all shoreland variances to go to the Board of Appeals. The new code does not require that a shoreland variance request be submitted to the Board of Appeals, if the development is part of a Planned Unit Development(PUD). Kipp added that if a person requests a shoreland variance, and is not part of a PUD, it is required that information be provided as to the health and condition of any septic system on the property. The request is not granted unless the system is up to code. Dunham asked if the revised code has been sent to the DNR. Kipp said it did go to the DNR and has been approved, subject to final City approval. He added that the DNR granted $5,000 to assist with the project. Kipp said there is only one variance request application for next month and it will be interesting due to neighborhood opposition. He said the plan is for a 16,000 square foot one-story office building approximately 130 feet from a portion of Anderson Lakes,where code requires a 200 foot setback. Residents adjacent are in Bloomington. BOARD OF ADJUSTMENTS&APPEALS March 14, 1996 Page 12 Kipp mentioned that next month there will be two new members to the Board of Adjustments and Appeals. He introduced Louis Giglio. Giglio mentioned he has lived in Eden Prairie for two and one half years and felt this opportunity would be an interesting way to get involved in the community. Kipp said the other new member is Tim Nelson. Nelson was not present at this evenings meeting. VI. ADJOURNMENT MOTION: Vasaly moved the Board adjourn. Seconded by Lynch and the motion carried 5-0-0. Meeting adjourned at 10:16 p.m.