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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 08/14/1997 APPROVED MINUTES BOARD OF ADJUSTMENTS AND APPEALS • THURSDAY, AUGUST 14, 1997 7:30 P.M. CITY CENTER COUNCIL CHAMBERS 8080 MITCHELL ROAD BOARD OF APPEALS MEMBERS: Chair Kathy Nelson, Cliff Dunham, Delavan Dye, William Ford, Louis Giglio, Matthew Hansen,Michael O'Leary STAFF LIAISON: Zoning Administrator Steve Durham and City Recorder Barbara Anderson MEMBERS ABSENT: None CALL TO ORDER Chair Nelson called the meeting to order at 7:30 p.m. ROLL CALL All Board Members were present. i I. APPROVAL OF AGENDA Chair Nelson requested that Items A and B be reversed on the Agenda, as Item A did not have a proponent present. MOTION: Dye moved, seconded by Giglio, to approve the agenda as amended. Motion carried 7-0. II. APPROVAL OF MINUTES -July 10, 1997 Dunham noted that on page 4, second paragraph, the number of leased space should be 1,200 square feet. MOTION: Dunham moved, seconded by Dye, to approve the July 10, 1997 Minutes of the Board of Adjustment and Appeals as corrected. Motion carried 5-0-2. Nelson and Giglio abstained. III. VARIANCES • BOARD OF ADJUSTMENTS AND APPEALS MINUTES . August 14, 1997 Page 2 A. Request#97-11 by James Way for A to Z Rental located at 14650 Martin Drive for approval to permit no more than 17% or 9,000 square feet, of a 1.8 acre site zoned I-2 for the outside storage of rental equipment, (Code does not allow outside storage of equipment in the I-2 zoning district. Outside storage of equipment is permitted in the Industrial-General District if properly screened.) And to permit 17 parking stalls for the purpose of outside storage of rental equipment (City Code requires the 17 parking stalls for building use). James Way, 6641 Minnewashta Parkway, Excelsior, stated he was the owner and operator of A to Z Rental. He reviewed the history of the business and noted that they have lost 35% of their outside storage area because of the Menards expansion. They have equipment that cannot be stored inside and the proposed storage site will meet their immediate storage needs. Using the proposed site will enable them to continue their business while they search for a site which will allow them to have all of their business needs accommodated on one property. He showed photos of the site and described the screening from adjacent properties. Regarding the staff recommendation for additional screening he did not feel that it needed that much more screening because it was already screened effectively. • Dunham inquired if the storage bins were on the site now and Way responded they were on the site and are considered to be outside storage. Dunham inquired what was inside the storage containers and Way responded there were some appliance parts which were picked up and hauled away twice weekly by garbage haulers. They have party supplies such as tables, chairs, etc. which could not be left outside and are stored in the containers for ease of loading and unloading by their customers who rent these items. Dunham commented the appearance of the containers was most unsightly in the back, and inquired if the proponent had looked at any other options. Way responded they have looked at areas closer to the store but they are very expensive. The owners of the three acre parcel adjacent to this site are not interested in selling part of the property, but want to sell the entire three acre parcel, which is too large for his needs. Giglio asked if he intended to keep the tenants he has had at the Martin Drive site and Way responded affirmatively,noting they want to recover the space they are losing which is about 8,000 square feet of outside storage. Dye inquired if he would be permitted to add on to the existing building for inside storage and Durham responded that site was built to capacity and has received variances in the past. O'Leary questioned whether the storage bins had been used at the Martin Drive location and Way responded the bins were used at the Plaza Drive sites before being moved to their present location. Nelson stated she was viewing this request as a long-term variance which Way confirmed • was what he desired. Nelson inquired if the proponent could rent storage space from Suburban Chevrolet and Way responded negatively, noting that the City did not permit storage of rental trucks on their property. Discussion ensued regarding the basis for the request and possible solutions. BOARD OF ADJUSTMENTS AND APPEALS MINUTES • August 14, 1997 Page 3 Durham gave the staff report and reviewed the actions the Board may with to take. The City Code does require screening of the storage bins from public streets when the storage area is permanent. The screening could not be done with fencing alone because the bins are too tall and a variance is required for fences over six feet in height, but plant material would work because it would grow taller than six feet. He discussed other areas of outside storage in this industrial park. The Public Hearing was opened. Leslie Bonk, Director of Leasing and Operations for The Remada Company, Bloomington,MN, stated she was present representing the owners of the office building on the southeast corner of the cul-de-sac adjacent to the site proposed for the outside storage. Their building would abut the rear of the site. They have some distinguished people in their office building and they are opposed to this outside storage which creates an unsightly appearance for them to look at. The Public Hearing was closed. Hansen discussed the issue of A to Z Rental storing vehicles on the Suburban Chevrolet • site, which was not permitted by the City. He noted that Southwest Contracting and Eden Prairie Appliance are tenants in this building which is owned by Mr. Way. Way stated they have only been using one outside storage bin on this site in the last two months. The remaining storage bins are located at the Plaza Drive site. He moved these containers from the Plaza Drive location. Discussion ensued regarding the potential for locating alternative sites for the outside storage where it would be a permitted use. Hansen asked if Leslie Bonk's building had windows facing the site and Bonk responded there were windows facing the site. She noted that people had also been sifting through the garbage and had left items strewn on her property which she had cleaned up, and these consisted of pieces of appliances, etc. She noted that the tenants in her building were offices and they did not throw away this type of item Dye stated he was convinced that the property had to be both fenced and screened from view to prevent this type of rifling through the garbage in the future. Hansen inquired if the proponent was interested in modifying his request by eliminating the storage containers. Way responded that they could screen and fence the storage areas to better contain them, but he did not want to dispense with the containers. Discussion ensued regarding the existing screening on the property and the sight lines from the adjoining properties. Ford stated he was reluctant to support an indefinite variance and felt that a time limit should be imposed so they could revisit the variance to see how well the screening was working. Dunham commented that because this was an • industrial area he felt that they could have some outside storage which was well screened using large evergreens with fencing installed inside them on the south side. He noted that the storage containers were not something he liked, but it was better than having appliance pieces strewn around. Hansen noted he could support the variance with adequate screening,but felt it should be revisited in two years to see how it worked out. . BOARD OF ADJUSTMENTS AND APPEALS MINUTES • August 14, 1997 Page 4 O'Leary concurred, and commented he would like to see the number of storage containers reduced over the next two years. He felt there must be screening installed. Giglio stated it seems the City is getting more requests for outside storage and he did not see what the difference was between this request and other requests they had turned down in the past. Dunham commented that much of the outside storage was comprised of outdoor equipment. Discussion ensued regarding the legality of the outside storage the proponent had at Menards which was lost due to their expansion. The lack of room at the Plaza Drive location was discussed. Dye stated that if the variance was going to be permanent then screening was essential and if they limited the storage only to products for A to Z Rental then the space used by the tenants would be located elsewhere. This may reduce the number of containers on the site. Discussion ensued regarding who would bear the costs of the screening and what might happen when the business grows. Way stated they would be willing to install the screening and were not interested in a temporary variance. Discussion ensued regarding City regulations concerning outdoor garbage containment areas. MOTION:Ford moved, seconded by O'Leary, to approve variance request#97-11 for James Way for Eden Prairie Rentals,to permit 9,000 square feet of a 1.8 acre site zoned • I-2 for the outside storage of rental equipment and to permit 17 parking stalls for the purpose of outside storage of rental equipment, based on the hardship of the loss of storage space due to the expansion of Menards, subject to the following conditions: 1. The variance is for a three-year period, at the end of which time period, it shall be reviewed by the Board of Zoning Adjustments and Appeals. 2. The variance is only entitled to products/supplies/rental equipment associated with A to Z Rental. 3. The variance does not include storage of trucks over 3/4 ton capacity. 4. Retail/leasing activity is not to occur at this site. 5. Opaque fencing surrounded by six foot high evergreens planted 15 feet apart along the outside of the fence is to be installed along the entire north side of the property and along the east and west sides of the building up to 75 feet. The screening is to be completed by November 1, 1997. 6. The variance is for 9,000 square feet or no more than the present number of storage containers (6). . Motion carried 6-1. Giglio voted no. Y BOARD OF ADJUSTMENTS AND APPEALS MINUTES • August 14, 1997 Page 5 B. Request#97-10 by Prairie Center Properties,LLC for Moore Leasing, Inc. For 250 Prairie Center Drive 1) To allow outdoor storage and display of 15 vehicles in an Office District (Code for outdoor storage and display is written for Commercial Districts only.) Applicant is appealing staff s decision. 2) Utilize 2,568 square feet of area of the site for outdoor storage and display(Code permits a maximum of 2% or 720 square feet, for a building in Commercial Districts only). 3) To allow outdoor storage on 11% (15 parking stalls) of the required parking stalls (Code permits a maximum of.005 or 1 parking stall for buildings in Commercial Districts only). 4) To allow loading/unloading of vehicles in parking lot trafficway (Code does not permit obstruction of trafficway), and 5) To reduce the required parking on site from 135 existing spaces down to 120 spaces. Durham noted that the proponent was not present. A letter from the proponent and property owner requesting continuance was submitted. MOTION: Dye moved; seconded by Hansen to continue Request #97-10 by Prairie Center Properties, LLC for Moore Leasing, Inc. For 250 Prairie Center Drive 1) To allow outdoor storage and display of 15 vehicles in an Office District (Code for outdoor storage and display is written for Commercial Districts only.) Applicant is appealing stars decision. 2)Utilize 2,568 square feet of area of the site for outdoor storage and display (Code permits a maximum of 2% or 720 square feet, for a building in Commercial Districts only). 3) To allow outdoor storage on 11% (15 parking stalls) of the required parking stalls (Code permits a maximum of.005 or 1 parking stall for buildings in Commercial Districts only). 4) To allow loading/unloading of vehicles in parking lot trafficway (Code does not permit obstruction of trafficway), and 5) To reduce the required parking on site from 135 existing spaces down to 120 spaces until the next meeting to allow the proponent to be present. Motion carried 5-2. O'Leary and Giglio voted no. MOTION:Nelson moved, seconded by O'Leary,that the Board has received an opinion from the City Attorney regarding the information requested, and the Board will take action on this variance request regardless of whether the proponent is present or not. Motion carried 7-0. IV. OLD BUSINESS V. NEW BUSINESS Durham reviewed the requests scheduled for the next agenda. VI. ADJOURNMENT MOTION: Dye moved, seconded by Ford to adjourn the meeting. Motion carried 7-0. The meeting was adjourned at 9:15 p.m.