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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 09/11/1997 • APPROVED MINUTES BOARD OF ADJUSTMENTS AND APPEALS THURSDAY, SEPTEMBER 11, 1997 7:30 P.M. CITY CENTER COUNCIL CHAMBERS 8080 MITCHELL ROAD BOARD OF APPEALS MEMBERS: Chair Kathy Nelson, Cliff Dunhooi, Delavan Dyd, William Food, Louis Giglio, Matfliew Hansen,Michael O'Leary STAFF LIAISON: Zoning Administrator Jean Johnson and City Recorder Barbara Anderson MEMBERS ABSENT: Dunham and O'Leary CALL TO ORDER Chair Nelson called the meeting to order at 7:30 p.m. ROLL CALL Board Members Dunham and O'Leary were absent. I. APPROVAL OF AGENDA MOTION: Dye moved, seconded by Giglio, to approve the agenda as submitted. Motion carried 5-0. II. APPROVAL OF MINUTES - August 14. 1997 MOTION: Dye moved, seconded by Ford, to approve the August 14, 1997 Minutes of the Board of Adjustment and Appeals as submitted. Motion carried 5-0. III. VARIANCES A. 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 staffs 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 BOARD OF ADJUSTMENTS AND APPEALS MINUTES • September 11, 1997 Page 2 on site from 135 existing spaces down to 120 spaces. Robert Moore, 12306 Oxbow Drive, reviewed his request for variances for outside parking of up to 15 vehicles on the site. He read letters from the Goodyear Store and the Eden Prairie Car Wash in support of the variance request. He stated he would comply with any stipulations the Board may put on an approval. Mr. Johnson spoke on behalf of the owners of the building in which Moore Leasing is located. They are 75% occupied and they need to keep their tenants to make their business viable. Johnson reviewed the staff report and noted that the parking requirements in the office zoning district are 5 spaces/1,000, and while this use at present does not pose a problem if the other uses in the building should change it could have an adverse impact. Nelson asked what efforts the proponent had made to locate other space for his business and Moore responded that they had been located in the warehouse district but found it was too expensive. They want to remain in their present location in Eden Prairie as this site has been good for their business. They need to have some sort of parking on the site • in order to be able to show prospective customers some of the vehicles available. He had not made an effort to locate other vehicle parking closer to the office. Dye inquired how many cars he sold per day and Moore responded that his volume was approximately 4-5 vehicles per week. They normally keep 30-40 vehicles on a lot in Maple Grove but that is very inconvenient and it creates a problem when he does not have anything to show prospective buyers. The Public Hearing was opened. No one present wished to speak. The Public Hearing was closed. Giglio commented he sympathized with the proponent but the ordinance was quite clear and he did not find the hardship other than financial and being self-inflicted. Hansen concurred with Giglio and noted the proponent had represented no vehicles would be on- site. Ford stated he had not found a compromise that would work and he felt he must uphold the office ordinance requirements in this instance. Dye commented that the City Attorney noted that the variances requested by the proponent would set an undesirable precedent if they were approved that the adequacy of open parking at this time was irrelevant,and therefore he did not support the variance request. Nelson stated the City • has numerous zones and accommodated many standards, and there are zones where outside storage is permitted and while she could understand the problems involved, variances were granted on more than financial considerations. Since the proponent had not looked at other locations she did not support the variances as requested. BOARD OF ADJUSTMENTS AND APPEALS MINUTES • September 11, 1997 Page 3 MOTION: Dye moved, seconded by Giglio to deny Variance Request #97-10 for 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 staffs 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 for the following reasons: l. The request deviates from the Office District standards. 2. The applicant has not demonstrated a hardship unique to the property. Economic hardship alone does not constitute an undue hardship, nor does a self-induced hardship. 3. An approval would set a precedent and weaken the spirit and intent of the Code's Office District regulations. • Motion carried 5-0. B. Request#97-12 by Property Resources Corporation located at 6851 Flying Cloud Drive to permit the permanent outside storage of up to 6 rental vehicles exceeding three-quarter ton in the I-2 Zoning District (Code does not permit outside storage of vehicles in excess of three-quarter ton in the I-2 Zoning District). Michael Seeland, President of Eden Prairie Metro RV&Mini Storage located at 6851 Flying Cloud Drive,reviewed the request and the nature of the business. He stated they had received a variance from the Board of Adjustments and Appeals last year to store four rental vehicles on the site. They are requesting a continuance of this variance and an increase to six vehicles and they would like to have the variance be permanent. He showed the area where the vehicles would be stored, and noted they only store four vehicles permanently on the site presently. They have revised their system to address a complaint from the City regarding the parking of trucks in the front of the building. They have three types of rentals, which include local, outbound, and inbound. He described these types of rentals, and noted they have changed their security system to equip all local rentals with a pass code, which is changed on a daily basis, which will allow patrons to gain access to the site when they return rented trucks. The trucks which are stored on the site are used for the local rentals and they deal with Ryder Trucks for • the other rentals. He described the system they have put in place to deal with the other rental uses. They intend to have signage on the site which will direct the incoming rental returns to another location which will help alleviate having them parking in the front of the building. He noted that due to staff turnovers, some mistakes in parking had been BOARD OF ADJUSTMENTS AND APPEALS MINUTES • September 11, 1997 Page 4 made, but they were addressing this problem and have implemented training programs for star There have also been some customer errors, which have contributed to the concern expressed by City Staff, but they believe these changes will mitigate these problems. Giglio asked about how many local rentals they have being returned after hours and Seeland responded that they have to accept trucks being returned from Ryder because they are an affiliate company. Ford asked when the code system would be in place and Seeland responded that the codes will be put in tomorrow and some Ryder employees have these general codes now. They will have to do some re-coding because of changes on the site and they should be able to have the system completely operational by next week. Dye commented he supported allowing the proponent to park six trucks on the site but he did not want to have him coming back next year requesting eight trucks. He inquired how many trucks were rented per day and Seeland responded they usually rent less than the four they normally store on the site, but if more are required they obtain them from Ryder. They have had to turn away people because they are limited to storing four vehicles on the site,and they believe that having six vehicles on the site will alleviate this • loss of business in the future. Discussion ensued regarding the business and the amount of traffic that could be limited by some restrictions. Seeland commented they want to provide storage to people who are moving into the community as well as rental vehicles. He described the signage which will be put up on the site to direct patrons regarding the drop-off areas for the vehicles. Dye asked if they could limit returns to a specific time period such as 7:00 a.m. to 7:00 p.m. Seeland responded that if they restrict drop off times they could be infringing on their agreement with Ryder, but if Ryder agreed to that it might be possible to do unless problems developed. He stated they would discuss it with Ryder. Johnson gave the staff report and noted some stipulations that could be included in a motion of the Board wanted to approve the variance request. Hansen requested clarification of the ordinance requirements and Johnson explained that vehicles not over three-quarter ton can be kept on industrial sites, but vehicles over 3/4 ton would require a variance. The Public Hearing was opened. No one present wished to speak. The Public Hearing was closed. • Seeland stated he could not assure the Board that there would never be more than six trucks on the site at one time because of their requirement to accept returns for Ryder, but they would endeavor to move them as soon as possible the following day. He noted they will post signage directing patrons to return trucks to the side of the building unless the truck being returned was too large. Hansen stated it appeared the proponent had BOARD OF ADJUSTMENTS AND APPEALS MINUTES September 11, 1997 Page 5 addressed all their concerns at the beginning and Giglio concurred. Ford stated he supported the expansion to six trucks for one year but he would not want to make them permanent until they were sure that it was working okay. Dye stated he supported a one-year extension of the variance with an increase to allow them to park six trucks on the site. Hansen and Giglio concurred, with Giglio noting that he supported the extension for three years. Nelson stated she would like to see something that would discourage after-hours drop offs. Seeland commented the six trucks will all be local rentals which will alleviate that problem. He reviewed the hours of operation which are from 9:00 a.m. to 6:00 p.m. Monday through Friday, from 8:00 a.m. to 6:00 p.m. on Saturday and from 11:00 a.m. to 3:00 p.m. on Sunday. Most drop-offs are on the weekends then their hours are limited but any Ryder truck is moved independently of when Ryder will pick it up. MOTION: Ford moved, seconded by Hansen, to approve Request#97-12 by Property Resources Corporation located at 6851 Flying Cloud Drive to permit the permanent outside storage of up to 6 rental vehicles exceeding three-quarter ton in the I-2 Zoning District(Code does not permit outside storage of vehicles in excess of three-quarter ton in the I-2 Zoning District)for a period of two years with a finding of hardship based on the unpredictable nature of the business and the larger vehicles are a reasonable extension • of this business. 1. All trucks under 24 feet in length will be parked on the side of the building. 2. Proper signage will be installed on the site directing parking locations. 3. All temporary trucks returned to the site must be removed within 3-4 hours of the business opening. Motion carried 5-0. C. Request#97-13 by Lejeune Investments, Inc. Located at 11903 Valley View Road, South of Valley View, Road, West of Office Ridge Circle to permit merchandise (vehicles)offered for sale outside in the Commercial Zoning District greater than 6% of the base area of the completely enclosed building, that is, 18,900 square feet of outside display/storage (City Code would permit 1,073 square feet of outside display/storage area)and to permit merchandise (vehicles) offered for sale outside which are not screened with a wall of the building (City Code requires permanent outside display areas to be screened with a wall of the building in the Commercial Zoning District). Wayne Pisinski, 8989 Wayzata Boulevard, stated he was the Vice President of • Operations for Lejeune Investments, and discussed the extent of the businesses in the metro areas. They have been under pressure from land Rover to sell their vehicles and this will be a small site from which they can do this. They expect to sell 25-30 new units and maybe 30 used vehicles a month. BOARD OF ADJUSTMENTS AND APPEALS MINUTES • September 11, 1997 Page 6 Tim Wirkula from Westwood Engineering reviewed the site plan and gave the Board an outline addressing their position regarding the impact of the variances if approved and the efforts they will make to mitigate any adverse impacts from their requests with extra landscaping. The variance will not increase the hard-surface coverage from what it would be if they constructed a two-story building. He believed the quantity of exterior display space was reasonable given the use. Nelson inquired if the landscaping along Valley View would include any four season trees and Wirkula responded there were many spruce trees in the landscape plan. Hansen asked what used vehicles they would be selling and Pisinski responded they will be mainly sport utility vehicles traded in. Johnson gave the staff report and noted that the site will be zoned such that it will allow limited outside storage and the City Council and Planning Commission have reviewed the plan. There are conditions for approval which are similar to other approvals of car dealerships. Nelson commented she did not want to see any cars on raised platforms, and requested this be included as a stipulation of approval. Hansen asked why the parking requirements were so restrictive in this district and Johnson responded that it was done to give the City a review process on a case by case basis as well as a way to control • other outdoor commercial uses such as furniture stores, florist/landscaping businesses, etc. Discussion ensued regarding the appropriate uses that should be in this zoning district and if car dealerships were in that category. The Public Hearing was opened. No one present wished to speak. The Public Hearing was closed. Hansen asked about the access and whether they should have turn lanes and Johnson responded that Hennepin County would be the agency to designate those. Pisinski stated that Hennepin County had recommended one right-in, right-our turn lane. Discussion ensued regarding the amount of time required to get a vehicle through their service department. Nelson stated she would like to have something prohibiting any raised platforms on the site used to display vehicles and Pisinski responded that they are required to have one by Land Rover but it's only 6 feet in height. Hanson asked about the construction schedule and Pisinski responded they want to get asphalt down this fall so they can open in March. He showed the Board a picture of the rock platform used to display the vehicle on the site. MOTION: Giglio moved, seconded by Dye to approve Request #97-13 by Lejeune • Investments, Inc. Located at 11903 Valley View Road, South of Valley View, Road, West of Office Ridge Circle to permit merchandise (vehicles) offered for sale outside in the Commercial Zoning District greater than 6% of the base area of the completely enclosed building,that is, 18,900 square feet of outside display/storage (City Code would BOARD OF ADJUSTMENTS AND APPEALS MINUTES • September 11, 1997 Page 7 permit 1,073 square feet of outside display/storage area) and to permit merchandise (vehicles)offered for sale outside which are not screened with a wall of the building (City Code requires permanent outside display areas to be screened with a wall of the building in the Commercial Zoning District) with the following stipulations: 1. Subject to final City Council approval. 2. No vehicles over one ton be placed on the property. 3. No recreational vehicles be placed on the property. 4. No balloons, pennants, banners or inflatable devices be used on the property. 5. No more than one vehicle shall be placed on a platform which is not to exceed six feet in height. Motion carried 5-0. D. Request #97-14 by Terry and Kathi Margo located at 17360 West 66th Street to • permit a garage addition creating a front yard setback of 22 feet (City Code requires a front yard setback of 30 feet in the 111-13.5 Zoning District) and to permit a side yard setback of 12 feet from the south side lot line with a total for both side yards of 19 feet (City Code requires a minimum side yard setback of 10 feet with a total of 25 feet for both sides in the 111-13.5 Zoning District). Terry Margo, 17360 West 66th Street,reviewed the variances requested to construct the 8 foot addition to the garage. They looked at other options but the topography was too steep to allow them to place the addition on the back of the house, and also they remodeled their kitchen five years ago and to put the addition on the back would cause them to lose their entryway. The addition will create more accessibility to their home and improve their property values. Johnson gave the staff report and noted that this is an older neighborhood which has a wider street right-of-way(60) than is currently installed, which makes it appear visually farther away than it actually is. There is a City park on one side of the home which would not be adversely impacted by the addition. Staff has not received any calls or opposition to the variance request. The Public Hearing was opened. No one present wished to speak. The Public Hearing was closed. Hansen asked if they had discussed their plans with their neighbor to the south and Margo responded they had and he had no objections. Hansen asked about the siding and BOARD OF ADJUSTMENTS AND APPEALS MINUTES September 11, 1997 Page 8 Margo stated it would be the same brick facing that was along the front of the house. Hansen commented he believed it was a reasonable request because of the topography creating a hardship in this instance. Ford concurred with Hansen, but was concerned that the addition would be too close to the road and would not blend in. However, since there were no objections from the neighbors, he would support it. Nelson commented she believed it would fit into the neighborhood. MOTION: Giglio moved, seconded by Dye to approve Request#97-14 by Terry and Kathi Margo located at 173600 West 66th Street to permit a garage addition creating a front yard setback of 22 feet (City Code requires a front yard setback of 30 feet in the R1-13.5 Zoning District)and to permit a side yard setback of 12 feet from the south side lot line with a total for both side yards of 19 feet (City Code requires a minimum side yard setback of 10 feet with a total of 25 feet for both sides in the R1-13.5 Zoning District) based on a finding of hardship caused by topography on the site making it extremely difficult to expand in an alternative direction. Motion carried 5-0. IV. OLD BUSINESS V. NEW BUSINESS Johnson noted there was one item scheduled for the next agenda. VI. ADJOURNMENT MOTION: Ford moved, seconded by Dye to adjourn the meeting. Motion carried 5-0. The meeting was adjourned at 9:35 p.m. •