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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 09/13/1990 APPROM MINUTES • BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, Sept. 13, 1990 7:30 P.M. City Full Council Chambers, 7600 Executive Dr., Eden Prairie, MN 55344 BOARD OF APPEALS MEMBERS Dwight Harvey (Chairman), Arthur Weeks, Bill Arockiasamy, Scott Arder.:,on* John Freemyer, Neil Akemann, Puke Bozonie STAFF PRESENT: Steve Durham-Planning, Sharon Storholm,Sec ,v BOARD MEMBERS ABSENT: Arockiasamy, Bozonie *Anderson arrived at 7:55 PM 1. CALL TO ORDER-ROLL CALL-PLEDGE OF ALLEGIANCE Chairman Harvey called the meeting to order at 7:32 PM. Roll call was taken as noted above. All present recited the Pledge of Allegiance. II. MINUTES OF AUGUST 9, 1990 MOTION: Freemyer moved that the Board approve the minutes of the August meeting as presented. Weeks seconded the motion and. it passed unanimously. *II. VARIANCES A.VARIANCE REQUEST 90-26 Withdrawn B.VARIANCE REQUEST 90-27 Withdrawn Chairman Harvey explained the variance and appeal process to those in attendance. C. Rectuest #90-28 submitted by Hampton Inn for property located at 7740 Flying Cloud Drive, Eden Prairie Minnesota. The request is for a variance from City Code Chapter 11, Section 11.70, Subdivision 4 , B to permit a free-standing sign of 126 square feet. City Code permits 80 square feet maximum. John Clock, General Manager of the Hampton Inn Hotel, came forward to present the variance. He said that they would like a reader board by the existing sign because they want to advertise that they have a nice property at reasonable rates. They would like people to know that it is not so expensive as they may think. The existing sign is large and fills up most of the footage allowed for signage. There are a number of businesses in the areafthat already have reader boards. Durham said that the existing sign is 77 square feet. The property does have three street frontages on 169, Flying Cloud Drive, and 212. There could be signage on these sites. 2 • Durham added that the request could be reduced. Harvey asked if other reader boards in the area are within code. Durham answered that most were but there had been some variances granted in the past for Amoco, Eden Prairie Car Care Center, and others. Harvey asked if Hampton Inn was a franchised chain. Was some advertising provided? Clock answered that some limited advertising was provided on cable and some advertising was done nationally. Each site does their own local advertising. Freeman asked Clock what he felt the hardship was in this instance. Clock answered that new hotels were being built in the area and the market was becoming increasingly competitive. They needed a method to display their pricing. Freemyer said the whole sign structure could be redesigned. Clock felt that this was not a practical solution to the problem. Freemyer asked if the message on the reader board would be changed often. . Clock said that they would like to put up their weekend rates and welcome large groups. Freemyer asked if the 4' by 8' sign was recommended by the sign consultant. Clock answered that it was recommended--possibly it could be a little smaller. Akemann asked if their were limitations on reader boards. Durham answered that there were not as long as they were not electronic. Akemann asked what the purpose of the reader board was. Clock said again that it was to advertise their affordable rates. Akemann asked if the rates could be displayed on the regular sign. Clock answered that the rates change and this would be difficult. Akemann asked if the alternative in the Staff report had been considered. Clock said he had reviewed them. He noted that they could have two other signs, but feltthis would cause more clutter than the reader board under the existing sign. The reader board would be the best solution from appearance standpoint. • Akemann asked if the existing sign could be redesigned with a reader board. Clock said that would be expensive. The reader board alone would be 2-3 thousand. 4 Clock continued to say that at Super 8, the public knows that the rates are • reasonable. They do not know the rates are reasonable at the Hampton Inn. The appearance of the hotel does not indicate that the rates would be inexpensive. They do have a billboard 5 miles south on 169. *Anderson arrived at 7:55. Akemann said that the Board cannot approve a request for a variance based on an economic hardship. What is the hardship other than economic? Harvey defined the term hardship, per code. He asked Clock for his definition of a hardship or what he felt the hardship was in this case. Clock said that the could not say there would be tremendous hardship without the reader board. It would let the public know there are affordable rates at the Hampton Inn. Soon the billboard will be going down because of costs: Weeks asked if Clock had explored the alternatives outlined by Staff. Clock said a sign on the building is not practical--it would be so far away from the street. Weeks asked if they had considered a monument sign on another street with a reader board. Clock said they had not considered this as there is frontage property on one side • and on another side the road is lower than the hotel. Anderson had no questions. Harvey asked what the current occupancy rates were. Clock answered there averaged about 55%. The weekends were high now, but in another month, it will be low. ClocK said that if passersby see that a room is only $37.00, they may be more inclinea to stop. Harvey noted that the Courtyard Inn has no reader board and is also a new operation. He asked where most of the traffic is coming from for the hotel. Clock answered that they place newspaper ads in feeder communities, but the budget for that is small. They would like the people driving by to know the rates are inexpensive--a fact they may not be aware of from the appearance of the hotel. Harvey said he had a difficult time identifying a hardship. Clock said that the Courtyard has a bar and restaurant. Hampton Inn does not, so the rates are less. Harvey said that Eden Prairie has an ordinance that states 80 Sq. Ft. From what he can understand, this property is not unique. • Clock asked about the United Artists sign at Eden Prairie Mall. Harvey said that did not originate in this board. 5 • Durham noted that the sign there is for the entire mall through a PUD process. Anderson said he would prefer to see the applicant come back with a proposal that does not require a variance. This is an economic variance. Freemyer said there was one trade off: He does have the right to put up more signs-- they would require no variance. He suggested a reduction in the amount of the variance. Clock felt that more signs would be detrimental to the appearance of the site. Harvey said that since they would not be effective, it would be unlikely that these extra signs would be installed. Don Ryan, of Attracta Sign Company, came forward and questioned the method for calculating the total square footage. He had not seen this system used before. Durham answered that this method had been used in Eden Prairie since he had been employed there (the past eight years). Ryan said that regarding a reader board and regular sign incorporated into one 80 ft sign, the logo and name would not show up. It would not be used only for advertisement of room pricing, but for other information items too. Harvey said that the competition has the same problems. If rate advertisement is the major problem, there are other ways to promote that. . Clock said that they would like a cost effective way to promote the rates. The property is fairly new and they would like to attract those driving by. This is not a national chain, but an independent one. Harvey said that a number of Holiday Inns can say the same thing. Clock answered that the public is familiar with the Holiday Inn name and rates. He added that you will never see a Hampton Inn advertisement on NBC--there is not that much money for such advertising. Hampton Inn is an unknown quantity now. Harvey said that Quality Inn could have said the same thing 10 years ago. The Board needs a hardship other than economic reasons. They have to deal with the state statute. Weeks asked why the reader board could not be installed within the existing sign. Ryan answered that a whole new cabinet and sign face would be needed--possibly 4,000 in costs. In addition, it would most likely be difficult to read. Harvey said that he did not feel that this request will be approved as submitted. The applicant can ask for a continuance and come back with a redesign and possible hardship or he could withdraw the variance request. If the Board voted the request down, the applicant can appeal to the City Council. Rich Mitchell, Sales Manager at Hampton Inn, came forward and noted that there were some physical conditions that were possible hardships. On:one side there .is a large • vacant lot(before the street frontage)which imposed limited options. He asked if they more clearly define these restrictions, would there be additional opportunity for discussion of the request. Harvey answered that it would be fair to say that would warrant additional discussion. 6 Mitchell said that there were physical restrictiorB on the property. • Akemann said he was concerned that a precedent may be set. Harvey said the issue needs to be dealt with as it comes before the Board. Freemyer said that on one side there is a physical restraint--possibly this could be a valid hardship. Trade-offs are a possibility. He could possibly vote in favor the the variance, but would request the variance be reduced. Akemann said that there is the question of identification (name of Hampton Inn) versus advertising (reader board). Clock asked if it was a problem that it was advertising on the reader board. Harvey felt it was best to consider this next month. MOTION: Anderson moved that the Board continue variance request 90-28 to the October 11 meeting. Weeks seconded the motion and it passed unanimously. Ryan asked if he should meet with Staff prior to the October meeting. Durham answered that he should do that. D• Request #90-29, submitted by Westar Properties for . property located north of County Road #1, west of Cedar Ridge Estates at Rocters Road Eden Prairie Minnesota. The request is for a variance from City Code Chapter 11. Section 11 03 Subdivision 2 B. to permit an existinct house located on proposed lot 4 block 1 Cedar Ridcte 2nd addition to be setback 25 ' from the front lot line. City Code requires a minimum front yard setback of 301 . Bob Smith appeared to present the variance request. He pointed out the location of the propery under consideration by using an overhead projector. He said the request is for a variance on a front yard setback. The house is 30' from the right of way. They were required to add additional right of way for future highway in the area. The proposal has been approved by the Planning Commission, City Council, Park and Rec. Dept. , and Watershed District. The construction plan and developers agreement have been approved. Harvey asked if the home would be 25' from the right of way, regardless of this plat. Smith answered yes. Weeks and Akemann had no questions. Freemyer asked if the house would come down some day. Smith said that the residents wish to keep the home at this time.It is possible that it may come down some day in the future. The variance would apply only to . this one home and garage. Freemyer asked if any new construction would meet setback guidelines. Smith answered that it would. 7 • Durham said a condition could be placed on the vari-?. +ce. Smith said that the occupants may wish to improve the existing home. (Additional gafaiT) MOTION: Anderson moved that the Board approve variance request 90-29 on the basis of hardship: The property was constructed in 1953, prior to the plans for the wider road installation. A 15% variance request is not large and the process the developer has undertaken alleviates future replating.The platting of the property requires additional right of way for County Road 1, which decreases the setback. The variance was not created by the developer, but is an existing condition. An additional condition should be added stating that the variance runs only with the existing dwelling and any improve- ments on the property need to be within code to discourage enhancement of the existing dwelling. The second garage stall can be installed without a variance.Akemann seconded the motion and it passed unanimously. E. Request #90-30, submitted by Hustad Development Corporation for property located north of Bluestem Lane and east of Purgatory Lane, Eden Prairie, Minnesota. The request is for a variance from City Code, Chapter 11, Section 11.50, Subdivision 6C (1) To permit proposed Lots 6, 7 , and 8 , Block 3 , Bluffs West 9th with lot widths at the Ordinary High Water Mark of Purgatory Creek less. than 1201 . City Code requires lot width at the Ordinary High Water Mark of 1201 . (2) To permit proposed Lots 6, 7 , and 8. Block 3 , Bluffs West 9th with lot width at the building line less than 1201 . City Code requires a width at building line of 1201 . Wally Hustad appeared to present the variance request. He said the property under consideration is approximately 60 acres. He has the approval of the Planning Commission and the City Council. Outlot B (west of Purgatory Road and east of Homeward Hills Road) is under consideration now. There will be a major park contribution involved--(about 20 acres). He needs the Board's approval to conclude the process. These are large lots with expensive homes. A trail system will be in the area. There are three lots under consideration near the end of the cul de sac. The problems involved are grade/topography. Staff and Council have determined that this is the best use for the property (single family). The use is consistent with the rest of the neighborhood. It would not be desirable for townhouse development. The only other option is loss of lots which would force a different use for the property. Durham noted that on August 13, the Planning Commission had given approval. The Council had approved on Sept 4. This is a PUD. Shorelend variances cannot be granted through the PUD process. The DNR has no serious problems with it. The density is 1-4 units per acre. The average lot size is 30,000 sq. ft. Considerable park land will be dedicated. There are some physical hardships: they are surrounded by a creek and the curve of the road makes the lots narrower in the back. Hustad said that deed restrictions will be placed on lots 4 & 5 in the developers is agreement. Harvey asked if the homes will require other variances for side yard set backs or other setbacks. I 8 • Anderson asked what the length of the private drive was. Hustad answered that it was 68' . Freemyer said his only concern was that people may come back and ask for variances relating to the narrowness of the lots. Durham said a condition to approve the house pads as submitted could be placed on the final order for future Board reference should a variance for setback be submitted. Akemann felt a potential problem could arise relating to decks. Durham said that they would have documentation if they do not feel the variance would be appropriate. Harvey asked if it could be marked on the plat and developers plans. Durham said it could be approved based on the plans on file. Freemyer said there have been several problems with decks in the last several months. Weeks asked about the park path. Hustad answered that there are three areas. One is inaccessible and a second is accessible, but the decisions regarding trail system is up to the park board. They have had an agreement that the City will not implement a linear trail system through the valley. When the agreement expires in 15 years, the City will implement it's wishes. He felt that policing a trail system is difficult considering three wheelers and P g • bicycles. Weeks said he had concerns regarding the deck situation. How are decks regarded by the City? Durham answered that all parts of the principal structure (decks included) are the same setback as required in the district. Hustad indicated the location of the park land. Harvey asked if there are also cash fees paid as the lots are developed. Hustad answered yes. Harvey said that there was a substantial amount of park land being dedicated, the developer will contribute cash fees to park fund, and the density issue was a consideration. MOTION: Akemann moved that the Board approve variance request 90-30 citing as a hardship the unique topography of the land, and adding that the developer is dedicating a number of acres to the City. He also noted the additional conclusions: 1) The density of the shoreland lots is 1.4 units per acre • net. (This compares with Village Knolls net density of 2. 1 units. Village Knolls did not have shoreland variances. ) 9 • 2) The average lot size is 30,900 square feet. 3) The average lot width at the Ordinary High Water Mark is 237 ' . 4) The average lot width at the building line is 1551 . 5) 8 .7 acres of land will be dedicated in the creek corridor. 6) The concave nature of the road creates narrow lots toward the back. (creekside) Regarding the unique lots specified in the variance request, any future structures must fit within building pads that appear on the preliminary plat drawings dated August 14, 1990 as proposed by the developer, Hustad Development Corporation. Freem er seconded the motion and it passed unani mously. . Y P Y IV. OLD BUSINESS Harvey noted that regarding the church, the matter had not been appealed regarding the parking lot. • Durham said that regarding the house on Beach Road, the City was required to cut down some trees first--so, the City is actually holding the process up. He can go to the Building Dept for information on this. Harvey said that Durham should inform the Building Dept that the Board wants the trees out and the home moved. Durham said that the Army Corps of Engineers had approved it. V. NEW BUSINESS Durham noted several items of new business: 1. Continued item: Hampton Inn 2. Property in Purgatory Creek area: deck 3. Possible McDonalds request for sign size. 4. Headquist subdivision: streEt frontage 5. Front yard set back Harvey noted that Bob's landscaping has done no screening of outside storage. Durham said di -was permitted there as a non conforming use as long as there was no expansion. Harvey mentioned the area near the railroad tracks and the maintenance of some property there. • Durham said that there is no housing maintenance code in Eden Prairie. He said that if an area is zoned rural, a number of vehicles can be on a property as long as they are workable. 10 Freemyer asked about the status of the funeral home variance request. Durham said it had been approved. Harvey noted that the Board was pleased to see Mr. Anderson present after three months absence. Anderson noted that it was two months absence. Akemann noted that there were some things he had brought up at the last meeting that were not mentioned in the minutes. He added that they were not significant and the Council probably does not read the minutes anyway. VI. P VOURT t M MOTION: Akemann moved that the Board adjourn. Weeks seconded the motion and it passed unanimously. Meeting adjourned at 9:20 PM. •