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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 08/13/1998 • APPROVED MINUTES BOARD OF ADJUSTMENTS AND APPEALS THURSDAY, AUGUST 13, 1998 7:30 P.M., CITY CENTER COUNCIL CHAMBER 8080 MITCHELL ROAD BOARD OF APPEALS MEMBERS: Cliff Dunham, William Ford, Louis Giglio, Ismail Ismail, Kathy Nelson,Michael O'Leary, and Mary Vasaly BOARD STAFF: Zoning Administrator,Jean Johnson; Recorder, Dave Hix CALL TO ORDER Chairperson Nelson called the meeting to order at 7:30 p.m. ROLL CALL Board Member Giglio was absent (excused). Chairperson Nelson introduced the Board of Adjustments and Appeals new member, Mary Vasaly. Ms. Vasaly read the following swearing in statement: I, Mary Vasaly, do solemnly swear that I will support the Constitution of the United States, and of the State of Minnesota, and will faithfully discharge the duties of the office and responsibilities of the Board of Adjustments and Appeals of the City of Eden Prairie, in the County of Hennepin, and State of Minnesota, to the best of my judgment and abilities, so help me God. I. APPROVAL OF AGENDA MOTION: Ford moved, seconded by Dunham to approve the Agenda as published. Motion carried 6-0. II. APPROVAL OF MINUTES A. Minutes of July 9, 1998 MOTION: O'Leary moved, seconded by Dunham to approve the July 9, 1998 meeting • Minutes as submitted. Motion carried 4- 0 - 2(Nelson and Vasaly abstained). • BOARD OF ADJUSTMENTS AND APPEALS August 13, 1998 Page 2 IV. VARIANCES A. Request No. 98-17 by MSS Holdings, Steve Kroiss for 13008 Gerard Drive, Oak Hollow development for approval to development of five lots of a six-lot plan without frontage upon a public street (access via a private street), and to plat one of the lots, 21, 651 square feet in size (22,000 square feet is code minimum). Nelson opened the floor to the applicants for their presentation. Beth Andrews, representing MSS Holding and Kroiss Construction, 8905 Cove Point Road, gave the following report: MSS Holding, LLC, was proposing a six-lot subdivision name Oak Hollow. This subdivision will have a private street that attaches to an existing private street known as Outlot A in the Hedquist Subdivision. The preliminary plat had received preliminary approval from the Planning Commission, Park and Recreation, and • City Council. A variance was being requested for lots which do not abut a public street. The applicant was also asking that Lot No. 1 be less that 22,000 square feet for zoning purposes. This consideration was being asked to allow for the existence of a future 25,000 square foot corridor that the City was requesting for park and trail use. The reason(hardship) for requesting a private road and the placement of the private road was the overriding concern of the developer and the City in saving as many existing trees on the east side of the property as possible. Nelson returned the floor to the Board for questions of the applicant. Vasaly asked the applicant what the alternatives would be for the development if either one or both of the variances were denied. Ms. Andrews told the Board the developer would donate less land for park space in order to eliminate the decrease in the square footage of one of the lots. She added the City Staff (Bob Lambert) had requested certain dimensional considerations, for ease of access, around the NURP pond on the north end of the • property. The park land donation was done by the developer to work with the "neighborhood group" in order have a development that residents currently living . BOARD OF ADJUSTMENTS AND APPEALS August 13, 1998 Page 3 near or adjacent to the new development could live with. Dunham asked if all of the driveways for the new homes would front on the private road. Steve Kroiss, MSS Holdings, LLC, told the Board all of the driveways would front off of the private drive with the exception of one, which would be determined by the homeowner when the home is built. He added the homes proposed on the lots would meet all setback that the City would require. Ismail stated he would prefer to see 349 square feet less of park dedication than go through the variance request process on the sixth lot. Ms. Andrews, again, outlined that the 25,000 square foot of park dedication was shown by direction of City Staff. Mr. Kroiss stated he was going to dig up and replant as many trees as possible on • the lots in an attempt to maintain the current tree population. He added his company is required to post a bond with the City that guarantees the proper tree caliper count for the property. Nelson expressed her concerns that the old-growth oaks would survive the construction process for the development. This reality makes the stated hardship of saving the trees a questionable hardship, she stated. Kroiss stated he planned to do the best job that he could in trying to save the trees but he could not guarantee the success of this process. Nelson asked for the staff report. Johnson gave her report as follows: There are a total of six lots on the plan, all lots zoned RI-22. Five of the lots would need a frontage variance and one lot out of the six would need a lot size variance because it would be under the required square footage. Johnson directed the boards attention to copies of the Planning Commission and Park and Recreation minutes, enclosed, that pertained to this subject. Both the Planning Commission and Park and Recreation Commission have approved the project. A first reading of the zoning amendment had been done by the City Council on July • 21, 1998. The second reading and final approval is scheduled for the City Council Meeting of August 18, 1998. BOARD OF ADJUSTMENTS AND APPEALS August 13, 1998 Page 4 Johnson stated City Staff has met numerous times regarding the lot size and park dedication. The 25,000 square feet for the park dedication appears to best meet the needs for future trails and access around the NURP pond. Thus, the lot size reduction and need for a variance. Reference was made to one letter of opposition submitted by Floyd Siefferman, Jr. If the Board chooses to approve the variances, Staff recommends the variance be conditional on the Staff Report dated June 19, 1998 recommendations. Nelson returned the floor to the Board for questions of Staff. Ford expressed concerns that emergency vehicles would be able to access the homes on the private road. Johnson told the Board that the City's Fire Marshal would have to approve the development in regards to this issue. Ismail expressed concern that Siefferman's letter of opposition, dated June 17, 1998, was discussed by other Commissions in the earlier review process. Johnson stated the other Commissions had given the letter their consideration. She also stated the NURP pond, to be developed in conjunction with the Miller property, would not be engineered until the Miller property is ready for development. A cross-access easement would be developed that would define the terms of maintenance for the private road. Nelson opened the public hearing. Floyd Siefferman,Jr., 6997 Edgebrook Road, spoke in opposition of the development. Mr. Siefferman's property borders the northeast portion of the southern property. As a lawyer, Mr. Siefferman also was representing the Aamodts, who own property abutting the development to the north. Mr. Siefferman stated the following reasons for his opposition to the project: 1. The only hardship is that of a financial nature, which is not allowed by • Statute. 2. Legal precedent, case laws were cited • BOARD OF ADJUSTMENTS AND APPEALS August 13, 1998 Page 5 3. Preservation of the natural wildlife and their existing habitat 4. Safety reasons (fire prevention and fire fighting if needed) 5. Utility placement 6. Preservation of existing trees Bob Saurner, Donlea Lane, spoke in favor of granting the variances. He stated he was a member of the neighborhood group that had been formed to work with the developer to come up with a plan that was agreeable to the surrounding neighborhood. Saurner stated the developer had gone out of his way to work with the City and the neighbors so their properties would be impacted in a positive way. Nelson closed the public hearing and returned the floor to the Board for their consideration of the application. Nelson asked if the lots met the City's requirements for lot dimensions. Johnson stated final plats would have to meet all dimensional requirements set by the City. Ismail expressed his concern that the applicant was meeting the hardship requirements for the variance. Johnson told the Board that variances may be granted with "unique circumstances", when the spirit and intent of the Code are still kept. Dunham stated he would be in favor of the project. Ford stated he was opposed to the project and wanted the Board to consider bringing the issue back after the developer has had time to answer Mr. Siefferman's legal questions. Ismail stated he would be in favor of granting the variances. Vasaly stated she would be in favor of granting the variances. OZ,eary stated he would be in favor of granting the variances. Nelson stated she would be in favor of granting the variances. MOTION: Dunham, seconded by O'Leary to approve Variance Request No. 98-17, to develop five lots of a six lot plan without frontage upon a public street (access via a BOARD OF ADJUSTMENTS AND APPEALS August 13, 1998 Page 6 private street), and to plat one of the lots 21,651 square feet in size (22,000 square feet being code minimum), with the conditions as stated in the Staff Report dated June 19, 1998. The hardship stated as the saving of trees while accommodating City and neighborhood values and the dedication of park land and needed NURP pond. Motion carried 5-1(Ford) V. OLD BUSINESS No old business was considered. VI. NEW BUSINESS No new business was considered. VII. ADJOURNMENT MOTION: Ford moved, seconded by Dunham to adjourn the meeting. Motion carried 6-0. • There being no further business before the Board of adjustments and Appeal,Nelson adjourned the meeting at 8:35 p.m.