Loading...
HomeMy WebLinkAboutBoard of Adjustments and Appeals - 05/14/1998 APPROVED MINUTES BOARD OF ADJUSTMENTS AND APPEALS THURSDAY MAY, 14, 1998 7:30 P.M., CITY CENTER COUNCIL CHAMBER 8080 MITCHELL ROAD BOARD OF APPEALS MEMBERS: Cliff Dunham,Delavan Dye,William Ford, Louis Giglio,Ismail Ismail,Kathy Nelson, and Michael O'Leary BOARD STAFF: Zoning Administrator,Jean Johnson Recorder,Dave Hiz CALL TO ORDER Chairperson Nelson called the meeting to order at 7:25 p.m. ROLL CALL Board Members Dye, Ismail, and Oleary were absent. I. APPROVAL OF AGENDA MOTION: Giglio moved, seconded by Dunham to approve the agenda as published. Motion carried 4-0. H. APPROVAL OF MINUTES MOTION: Dunham moved, seconded by Giglio to approve the minutes as submitted. Motion carried 4- 0. III. VARIANCES A. Request No. 98-07 by Mount Properties for 6608 Flying Cloud Drive to allow a 25' front yard setback from Flying Cloud Drive for the proposed new office building and parking (Code requires 35'). Bob Solfelt, representing Mount Properties Inc., gave his presentation as follows: Mount Properties has recently finished two building in the City: One, the new 56,000 square foot headquarters for the Roller Blade Company, located on BOARD OF ADJUSTMENTS AND APPEAL May 14, 1998 Page 2 Equitable Drive. Second, the new Mount View Office building, the new corporate headquarters for American Sununit, GGS Appraising, and a division of TCF Northstar Title. The building under consideration this evening has been approved by the Planning Commission, City Council and Parks and Recreation Department. It sits on 1.26 acres of land. It is a one-story, 11,000 Square foot general-office building. All City Codes are being met. The building materials will match the two previously described existing buildings. The applicants stated their hardship as being varied right-of-way, poor soils, shape of the lot, and multiple frontages. Nelson returned the floor to the Board for questions. Dunham asked the applicant if the variance was not granted, how large of a building they would develop. The applicant stated they would not develop the site if the variance is not granted. Dunham asked the applicant if they had considered a multi-story building. The applicant told the Board the property's soil would not support the weight of a two-story building without piling the building. This piling would make the project economically unfeasible. Nelson asked for the staff report. Johnson told the Board the property had previously been the location of the Wright Animal Hospital. The requested zoning is office. The Planning Commission reviewed the variance request and was of the opinion that the property's stated hardships had merit. No calls had been received from community in regards to opposing the project. Nelson returned the floor to the Board. Nelson asked Johnson if Flying Cloud Drive would be upgraded to a four-lane road. Johnson told the Board the road might be widened and improved but she felt it would not be developed into a four-lane road. BOARD OF ADJUSTMENTS AND APPEAL May 14, 1998 Page 3 Nelson opened the floor to the public. No public comments were considered. Nelson closed the public hearing and returned the floor to the Board for discussion. Dunham agreed with the stated hardships and said he would give his support to the project. Giglio,Nelson, and Ford agreed with Dunham. MOTION: Dunham moved, seconded by Ford to approve Variance 98-07 taking into account the staff report, Page 4, No. 3, Items A-E. Stated hardship being varied right-of- way, poor soils, shape of the lot, and multiple frontages. Motion carried 4- 0. B. Request No. 98-08 by Dennis and Jeane Lind for 6909 Edgebrook Place to allow a third garage addition setback 26.5 feet from Edgebrook Place(Code requires a 30' setback). Dennis Lind, 6909 Edgebrook Place made his presentation as follows: The applicant request a 3-1/2'variance to add a third garage stall. The hardship as stated in Lind's letter to the City dated April 8, 1998, is the number of driving age people has increased in his family the garage is needed to accommodate the increased number of vehicles, and the neighborhood character is 3-car garages. The applicant has hired an architect and contractor to assure that the appropriate building materials will be used to maintain the character of the house. The neighbors directly adjacent on all side of the house have been contacted and there is no opposition from the neighbors. Nelson returned the floor to the Board for questions of the applicant. Ford asked to see the signed letter from the adjacent neighbors. Giglio questioned the impact on the tree closest to the addition. Lind told the Board the tree probably would have to be removed. BOARD OF ADJUSTMENTS AND APPEAL May 14, 1998 Page 4 Dunham asked if the window box, as shown on the drawings would encroach on the side yard setback. He also asked if there was going to be brick installed on the addition. ` The applicant said the window box would encroach into the side yard setback by 10". There will be brick if it can fit with in the setback limitations but the exterior finishes will match that of the existing home. Nelson asked for the staff report. Johnson told the Board the home was built in the mid 1980s. There are homes in the neighborhood with three-car garages. There have been no calls received in opposition to the addition. The code does allow fire places and bay windows to encroach up to 24". So the planter box would be well within those limits. Nelson returned the floor to the Board for questions of staff. Ford asked Johnson what the average setback in the neighbor hood was. Johnson told the Board that a 30' setback was very consistent in this neighborhood. Nelson asked the applicant if he had plans to sell the home within the next year or two. The applicant said no. Nelson opened the floor to the public. No comments were considered from the public. Nelson closed the public hearing and returned the floor to the Board for discussion. Giglio suggested stating a better hardship such as placement of the house on the lot. He gave his support to the request. Ford asked if there was a standard size for a third garage. Johnson stated most third-car-garages are 10'-12'in width. Nelson, agreed, that placement of the house would be a more reasonable hardship. MOTION: Giglio moved, seconded by Ford to approve Variance 98-08 for the 26.5' BOARD OF ADJUSTMENTS AND APPEAL May 14, 1998 Page 5 setback. The hardship being the placement of the house on the lot and the inability to add the garage easily in another location. Motion carried 4- 0. C. Request No. 98-09 by Michael Allen for 6547 Countryside Drive to allow a 14'x 19' room addition to be constructed along the south side of the house at a 7' side yard setback(Code requires a 10' setback). Mike Allen, 6547 Countryside Drive, gave his presentation as follows: The applicant is asking to add a 14'x 19' addition on to his house to be used as a dining area and storage in the basement. The home currently has a walk-out basement. The current setback is 11'. The existing house has three different roof lines. This fact would make it very difficult to design a fourth roof line and still maintain a good looking project. Nelson returned the floor to the Board for questions of the applicant. Ford asked the applicant if the staffs option of a 12'x 19' addition would work. Mr. Allen told the Board the 12'x 19'would be a bare minimum but he would be willing to compromise on a 13'x 19' addition. Giglio asked what the distance was to the adjacent home on the addition side of the house. Johnson told the Board there was approximately 50'between the two homes. There is a 5'utility easement on this side of the property. Nelson asked for staffs report. Johnson told the Board the neighborhood was built in the 1980s. Setbacks are 10' on one side 25'for both. Currently the home has a 15' setback on the opposite side of the home. The roof lines do offer a design problem. The addition if granted as requested would not encroach into the utility easement. There were no phone calls or communication in opposition to the addition. Nelson returned the floor to the Board for questions of staff. Giglio asked the applicant if he had contacted the neighbor on the addition side of the home. The applicant told the Board that he never sees or talks to the neighbor. BOARD OF ADJUSTMENTS AND APPEAL May 14, 1998 Page 6 Nelson opened the floor to the public. No comments were considered from the public. Nelson returned the floor to the Board for discussion. Ford stated he would be happy to support the 12'x 19'option. He didn't see the need for the additional two feet. Dunham agreed with Ford. Giglio asked the applicant if he would agree to a 13'x 19' addition and stated if the original builder, in his "cookie cutter approach" to building, had put the building back farther on the property this variance would not be an issue. Nelson stated she would agree to the 13'x 19', adding it would make the useable interior space a little bigger than the 12'x 19' addition. MOTION: Dunham moved, seconded by Giglio to approve Request 98-09 with a 13'x 19' addition. The hardship being the properties location on the cul-de-sac. Motion carried 3 - 1. D. Request No. 98-10 by the Father's House for 16591 Duck Lake Trail for approval to use a 24' x 70' modular office unit with a wood exterior for two years(Code requires structures to have 75 percent of the exterior as brick, stone or glass). Randy Depp, Senior Pastor for The Father's House, gave his presentation as follows: The applicant is requesting a two-year temporary variance to place a 24'x 70' modular office on the church facility's parking lot. The unit will be used as a class room approximately two to three nights a week for youth activities. The church has permanent building expansion plans but wishes to use the modular unit while this building is being planned and funds are being raised to complete construction on the permanent facility. No restroom facilities will be run to the temporary structure. The modular building would sit on leveling blocks only. The neighbors have indicated they have no problem with the modular unit being on the site as long as it is not visible from their homes. Ford asked the applicant if they would be willing to accommodate the neighbors's BOARD OF ADJUSTMENTS AND APPEAL May 14, 1998 Page 7 requests to put the building on the west side of the parking lot. The applicant indicated the ideal location would be on the east side of the parking lot close to the church because of the need to run electricity. Nelson asked if the City had received Fire Marshal approval for the request Johnson told the Board that there has been no final approval. The Fire Marshal has been in contact with the church and approval of the request would be based on meeting all City and state requirements. Nelson asked for the staffs report. Johnson told the Board that there have been two variances issued for this site in the past. These variances dealt with exterior building materials. The expansion plan is under advisement by the City staff. There have been quite a few calls from the neighborhood in opposition to placing the unit in the requested site. The City review listed the following issues: 1. Handicap access 2. Distance to the bathroom facilities 3. A frost foundation will be required under the building 4. Tie downs will have to be reviewed by City staff 5. Heating and mechanical plans have to be submitted 6. Two exits are required from the building A letter from the neighborhood was submitted for the Boards review. Nelson returned the floor to the Board for questions of staff. Ford asked the applicant if a two year time line would be adequate to make all of the addition necessary to eliminate the need for the temporary facility. The applicant told the Board that funding for the projects has not been secured but is currently in the planning phase. Dunham expressed his concern that the amount of money that is needed to satisfy the current request would make it feasible to just use of the facility for a two year period only. He added he was concerned that this temporary building would turn in to a permanent facility, as has happened with similar facilities in the City, namely the King of Gloria facility. BOARD OF ADJUSTMENTS AND APPEAL May 14, 1998 Page 8 Nelson opened the floor to the public. Kent Larson, 16490 Baywood Lane, stated he and his fellow neighbors were not opposed to the modular unit as long as the unit is not visible from their homes. He added the modular unit in its existing condition, needs some type of paint or something to make it look better. .Giglio asked the speaker if the suggested location, as discussed at this meeting was acceptable. The speaker said more acceptable than directly on his property line. Nelson closed the public hearing and returned the floor to the Board for discussion. Ford stated he did not support the variance in any fashion citing the lack of funds to complete the planned permanent construction project. Giglio stated he agreed with Ford in regards to having the permanent addition completed in a timely fashion so that the temporary facility could be taken from the site. Dunham agreed with the other Board members and stated he could not support the request due to the proposed light use the main building should be able to accommodate the youth groups. Nelson agreed with the other Board members. She, too, stated she could not support the request. MOTION: Ford moved, seconded by Dunham to deny Variance request 98-10. The applicants stated hardship does not justify granting the variance. Motion carried 4- 0 to deny the request. E. Request No. 98-11 by David Luse,Arteka Corporation for 15180 Martin Drive to use the property for outside storage of equipment, supplies, vehicles over 3/4 ton, and to utilize wood and metal storage units(Code requires equipment, supplies and vehicles over 3/4 ton to be within a structure). Bill Crumb, 1133 Palace Avenue, St. Paul, made his presentation as follows: The applicant is requesting a permanent variance for the Arteka Corporation on BOARD OF ADJUSTMENTS AND APPEAL May 14, 1998 Page 9 Martin Drive. There will be a road constructed on the north side of the property to accommodate emergency vehicles and provide a second entrance/exit to the site. The existing entrance will be expanded by cutting through an existing berm which will create a baffle so that the berm will screen the use of the yard from Martin Drive. The berm will be 8'high with plantings on the top. The existing lot surface is dirt and that will remain as such. David Luse,15236 Boulder Point Road, gave his presentation as follows: The building was purchased six years ago with the intent of developing a permanent vehicle storage facility. The existing soil conditions, peat to an 80' depth, makes development of the land very expensive, if not impossible at this time. Nelson returned the floor to the Board for questions of the applicant. Ford asked the applicant why they were going to improve the current yard's lot if it had been functioning adequately. The applicant stated they where concerned about exposure to the neighboring streets. And the current temporary variance expires in September and Arteka is applying for a permanent variance. Dunham expressed his concern about the amount of traffic coming out of the facility and the dirt and mud that traffic would bring from the service facility's yard. Luse said he would be glad to asphalt the whole area. Ford asked if the amount of use and types of materials being used at the site were going to be expanded. Luse stated there would a lessor number of vehicles. pP Giglio asked the applicant to commit to a maximum number of vehicles that would g be stored at the site. Luse stated 12, with a combination of trailers and trucks. Nelson asked for a clarification as to trash removal accommodations. BOARD OF ADJUSTMENTS AND APPEAL May 14, 1998 Page 10 The owner told the board that the facility has a bimonthly trash pick up. If the City, as a condition of approval, requires trash removal once a week they will comply. Nelson said she would like to see, as a condition of approval, that all landscape installation that is required be in place by the end of June. Luse stated he would prefer by the end of July . Nelson asked for the staff report. Johnson told the board this is a returning request that is substantially the same as when the temporary variance was issued. However, there is new fencing and new plant material that will help hide the facility from the neighboring bike trail. The City does not favor a permanent outdoor storage facility and would like to see an indoor storage facility developed on the site. A July'98 landscape installation is acceptable with the City. A maximum height of 12'will be required for any storage racks or equipment. Also, as a condition of approval the Variance would be granted for this applicant only and would not be transferable to a new property owner if the land should be sold before the variance expired. There have been no calls or inquiries in regards to the request. Nelson returned the floor to the Board for questions of staff. Giglio asked if the two-week trash removal would be acceptable to the City. Johnson stated that it would. Nelson opened the floor to the public. No comments were considered from the public, and the floor was returned to the Board for discussion. Dunham stated he would favor the request. He added he would like to see some type of signage to warn the neighboring street traffic of the incoming and outgoing truck activity. He stated a limit should be placed on the number vehicles allowed to be stored on the site. Ford said he would not have any trouble supporting the request for five years, and agreed with Dunham's comments about signage and hard surfacing. BOARD OF ADJUSTMENTS AND APPEAL May 14, 1998 Page 11 Giglio stated he felt there should be a condition of approval stating the number of vehicles that the site could accommodate on a storage basis. This number was set at 12 trucks in excess of 3/4 ton, including trailers with equipment on them. Nelson stated approval of the project as long as the landscaping could be installed in June of this year. MOTION: Giglio moved, seconded by Dunham to approve Request No. 98-11, to grant a five year temporary variance for use the stated property for outside storage of equipment, supplies, 12 vehicles(trucks) over 3/4 ton, and to utilize wood and metal storage units (Code requires equipment, supplies and vehicles over 3/4 ton to be within a structure), with the conditions as stated in the May 14, 1998 staff report and the conditions as listed by the Board of Adjustments and Appeals on May 14, 1998 as follows: A. Variance is for a five-year period B. The landscaping and fencing be installed prior to July 15, 1998 C. The storage racks will not be more than 12'in height D. Debris in the staging areas to be removed every two weeks E. The variance is unique for this specific use reviewed and shall not be conveyed to any other user. F. The variance is granted upon plans dated April 21, 1998 G. No more than 12(twelve)trucks in excess of 3/4 ton are on the site over night. H. The applicant will asphalt the two entrances to the gates or at least 40' whichever is greater. Motion carried 4- 0. Board Member Giglio departed at 9:15 p.m. F. Request No. 98-12 by David Luse, Arteka Corporation for 13480 Pioneer Trail to use the property for outside storage of equipment, supplies, vehicles over 3/4 ton (Code require vehicles over 3/4 ton to be within a structure). Bill Crumb gave the applicants presentation as follows: The proposed function of the site will be a maintenance facility for Arteka's machinery;trucks, bobcats, lawn maintenance equipment, and other landscaping related equipment. Arteka also does snow removal in the winter season so there would be plows and other snow removal equipment storage. There was a total of 25 vehicles that would operate out of the facility. Five of the vehicles would be BOARD OF ADJUSTMENTS AND APPEAL May 14, 1998 Page 12 driven home at night by key personnel. Ten vehicles would be stored behind the maintenance building, out of view, and five would be stored in the upper comer of the parking lot where Arteka is proposing landscaping that is more dense. The variance would allow storage of equipment and outside vehicles on site in excess of 3/4 ton. Arteka is asking for a variance for a 10' setback on the west side in lieu of 50'. This setback variance would allow Arteka to install adequate screening along Pioneer trail. Hardship was stated as limited space within buildings on site to keep all of the equipment. Part of the proposal is requesting permission to install an above grade fueling station which has been met with favor in other Eden Prairie installations. The current underground diesel fuel storage will be removed. The existing bituminous pavement will remain as is. Nelson returned the floor to the Board for questions of the applicant. Ford asked for clarification as to whether or not a setback variance was required for this site. Johnson told the Board that a setback variance was not required at this time. When a public/city street system gets planned for this area then the City will know which side of the property is going to be the front. Nelson asked the applicant why they weren't building a permanent storage building. She also added that the area around the site would eventually become residential and if the variance was granted, as requested, it would be granted on a temporary basis. The applicant told the Board that soil testing is underway to determine if extensive grading would have to be done and if a permanent facility is economically feasible. Ford stated two concerns: One, the business's compatibility with the surrounding area?Two, how much traffic would the facility be generating in the area? The applicant told the Board the business operates on a 40-hour week. The crews leave early in the morning and return in the mid afternoon. Noise on the site is minimal because it is a maintenance facility. Nelson asked for the staff report. Johnson told the Board that the I-2 zoning on the site had been delineated. The City had wanted to see the north half of the property, still in a rural zoning district, BOARD OF ADJUSTMENTS AND APPEAL May 14, 1998 Page 13 stay in a natural state. The determining fact as to how the surrounding property gets developed will be when the areas is developed with city type roads and sewer and water. The area to the east is guided for multi-family residential. The area to the southeast is guided industrial. Staff is recommending the variance be for a two-year period only. There should be consideration for the day camp that is planned in the immediate area. This consideration would be for the benefit of the youth that are using that facility. The City is recommending that all truck trailer combinations be moved to the back of the current storage building because of the residential areas that are located to the south of the property. The conditions, as stated in the staff report, where reviewed for the Board. Johnson said she had talked this issue over with the Parks and Recreation Department who had indicated they would not be comfortable with a permanent variance but would go along with a two-year time period as long as the conditions in the staff report where met. Nelson returned the floor to the Board for questions of staff. No questions were considered of staff. Nelson opened the floor to the public. Ralph Nowacki, 13390 Pioneer Trail, expressed concerns about traffic and hours of operation. Nelson closed the public hearing and returned the floor to the Board for discussion. Mr. Luse offered to meet with Mr. Nowacki in order to work out some type of screening solution that would help lessen the effect that the business's operation would have on his property. Mike Wilkus, Wilkus Architects on behalf of Arteka asked the Board to consider a three year variance as opposed to a two-year variance in order to keep Arteka from coming back and starting the application process again in another year to year and a half. Ford said he had mixed feelings about the project because of the trend that the area might develop as residential use. Traffic was also an issue. He added he would reluctantly support the project. Dunham was concerned that the site would be short lived. He stated the owner of the property has not gone to a great effort to explore what it would take to BOARD OF ADJUSTMENTS AND APPEAL May 14, 1998 Page 14 develop inside storage. Nelson stated she had mixed feelings about the project because of the nature of the residents located around the site. Also, knowing that the company has a certain amount of outdoor storage, the current zoning is for not having outdoor storage. She said a year or maybe a year and a half would be worth considering. This would give the owner time to figure out how the site could be developed into a permanent facility. Nelson stated she didn't agree with the hardship. MOTION: Ford moved, seconded by Dunham to approve Request No.,98-12, Arteka Corporation for 13480 Pioneer Trial to use the property for outside storage of equipment, supplies, vehicles over 3/4 ton, for a two year period only. The hardship being difficulty of developing the site. Dunham amended the motion to include the conditions as stated in the staff report dated May 14, 1998, changing condition b, to read July 15, 1998, instead of June 30, 1998. And trash to removed bi-monthly instead of weekly. And trucks along the south edge of the facility will be stored behind the existing storage building. Motion carried 3 - 0. IV. OLD BUSINESS Reconsideration of the Solid Foundations Project will go to the Council June 2. V. NEW BUSINESS There will be two new items for consideration on the June agenda. Nelson mentioned adding the Vision 2001 discussion to a future meeting agenda. VI. ADJOURNMENT MOTION: Ford moved, seconded by Dunham to adjourn the meeting. Motion carried 3 - 0. There being no further business before the Board Nelson adjourned the meeting at 10:00 p.m.