HomeMy WebLinkAboutBoard of Adjustments and Appeals - 06/14/1990 - Other APPB(NID MINUM
BOARD OF APPEALS AND ADJUSTMENTS
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THURSDAY, June 14, 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 Anderson, John
Freemyer, Neil Akemann , Hike Bozonie
STAFF PRESENT: Jean Johnson-Planning,Sharon Storholm, Sec'y
BOARD MEMBERS ABSENT: Arockiasamy, Bozonie, Anderson
1. CALL TO ORDER-ROLL CALL-PLEDGE OF ALLEGIANCE
Chairman-Harvey called the meeting to order at 7:31 PM. Roll call was taken as
noted above. All present recited the Pledge of Allegiance.
II. MINUTES OF MAY 10, 1990
Weeks noted that the third paragraph from the bottom on page 8 should read as follows:
Weeks indicated an economic hardship was not demonstrated and agreed that it was a
physical hardship. He said he sees the need for additional signage, but more infor-
mation is needed. The signage is subjective. He would like it laid out in front of
him. Alternatives should be considered.
MOTION: Weeks moved that the minutes of the May 10 meeting be approved as
amended. Freemyer seconded the motion and it passed unanimously.
III. VARIANCES
A. Variance Request #90-15. submitted by Northco Corporation for
property located at 16500 West 78th Street, Eden Prairie.
Minnesota. The request is for a variance from City Code,
Chapter 11, Section 11.70, Subdivision 4B (1) to permit
transfer of the wall signs permitted for each tenant space
located on the north wall of Prairie Village Mall to the south
wall facing Highway #5, (2) to permit the total square feet of
wall signs on the south wall of 852 square, feet. City Code
maximum size sign is 300 square feet for each exterior wall in
excess of 500 square feet. (3) To permit a total of 951
square feet of sign area for the entire Prairie Village Mall.
City Code maximum sign area for the entire Prairie Village
Mall is 918 square feet.
Thereas Riley (property manager.•)and Linda Fitch,(sign consultant came forward with
additional information on the variance request. They noted that the request was
for additional signage on the exterior of Prairie Village Mall. This mall had been
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• developed in the mid 1970's. In many cases, an anchor tenant draws customers, but
not in this case--not enough to bring sufficient business to the smaller businesses
within the mall. Newer developments have gone to the strip mall layout with
exterior signage. Tonight they will present the signage alternative that they
feel is best for the mall. Currently, there are two restrictions they need
to abide by: 1. To not exceed the square footage allocation for the front of
the mall 2. All tenants want an equal opportunity for signage. The signage should
be visible from County Road 4 and Hwy 5. There are economic restrictions--the
signage should be affordable for all, yet done with good taste and quality.
Fitch brought slides and a projector and showed the Board a brief presentation
of other malls in the area with similar signage. She noted that they had con-
sidered many criteria including copy size and format. They had opted for 11"
letters as the minimum size--this would allow stacked copy to be readable from
Hwy 5. There is a possibility of 23 tenants in the center. Twenty of these are
on the proposed signage. The other three are anchors and have signage that will
remain. All other signage will be removed and rEp7aced with new signage. It was
important to choose signage that would show up, yet cost needed to be considered.
Materials of good quality and durability were important in the decision for
signage. Many items were considered in the decision: Stacked signage, holes in
the facade caused by signage, cost problems, pylon sign, reader board and use
of existing structures at entrances with cabinet signs (would require another
variance).
They had considered blue for the color,since it was used on theroof, but it was.
• difficult to match and fades easily. They had chosen red for the color as it
does not easily fade and the existing Driscoll and Snyder signage is red. All
the lettering is to be continued at the same level as the anchor signage, so
a nice clean line will be created. Each tenant will have the flexibility to
use a logo if they wish. She showed a large photo of the proposed signage for
Prairie Village Mall as well as slides of many other malls in the area with
similar situations including Holly Center, Sun Ray Center, Northport Commons,
Zachary Square, Ridgehaven, Rosedale Commons and Valley Creek Mall. She noted
that there was another mall that Northco managed that had no exterior signage.
It had been only 60% occupied. Since signage had been added, business had in-
creased.
Fitch said she felt the present proposal was the best. She felt there was very
little chance for precedent setting in this case as there are very few malls
this size. She felt they had addressed the Board's concerns regarding signage.
Now,she asked that the Board help the center and the community by allowing the
signage.
Johnson noted that a reduction in cabinet height from 36 to 33" eliminated
variance item number 3. Two items remaining on the request were:
1. To permit transfer of the wallsignagepermitted for each tenant space
located on the north wall of the building to the south wall.
2. To permit a total footage . of wall signs on the south wall of 852 square
feet. Code maximum is 300 square feet.
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• Weeks asked about the copy size.
Fitch answered that it will vary from 11" to 18".
Weeks noted that he still felt it would be difficult to see the signage from Hwy 5.
He asked if Fitch knew why blue was selected for the roof when the center was built.
Fitch said she did not know, possibly because the interior is creme and teal blue.
Weeks asked if it was the intent of the proponents to make the anchor tenants
signage blend in or stand out.
Riley said she wanted to make all signage consistent.
Weeks asked if neon signs were cost prohibitive.
Fitch said it could mean more than $3,000 if signage needed to be changed.
Weeks said he could understand the linear band concept, but had a problem with
red for the color. He would prefer blue.
Fitch said that blue fades and is not acceptable. There are a variety of reds to
choose from. The signage will illuminate at night.
Northco representitive, Riley, said that she felt the red will be a darker variety-
and not the bright tomato red shown on the photo.
• Fitch said the signage can be read from Highway 5 now. She had stood on the sidewalk
and could read it.
Freempr asked if the pylon sign could indicate some of the businesses in the mall.
He felt there may be a potential for accidents in the lot as people drive around
while trying to read the signs.
Fitch said there was not room on the pylon sign for sufficient exposure for the
businesses. She said the accident potential was typical of all shopping centers
and did not feel it would be a problem.
Akemann felt this was a unique situation and possibly the signage does not go far
enough in letter height. Even with this signage, it will be a big improvement.
Riley said that they wanted to stay within city requirements. The signage will
tell people that this is a mall--not just three anchor tenants.
Freemyer asked if the tenants were concerened about signage.
Riley answered that they were very concerned about the signage. Currently there
are three spaces vacant out of 23. Usually the spaces are rented as they are unless
a tenant expands to a neighboring unit.
Akemann suggested a condition that 23 signs be approved and no more.
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Akemann said he would prefer a color similar to the red used by Prairie Hardware.
• He felt that Prairie Hardware, Driscolls and Snyders should be more consistent with
the new signage. He felt that one logo on the Prairie Hardware sign should be removed.
Riley said it would probably not be possible to get them to change.
Fitch suggested that the logo space from Prairie Hardware be repalced with a box
the same color as the sign band.
Akemann said that would be acceptable.
Harvey asked who was paying for the signage. Is there an option for no signage
for the tenants?
Riley said it is a combination of tenant and owner, but Northco will pay a
substantial amount. Yes, there is that option for the tenants, but all of them
do want signage.
Harvey asked Johnson if this pattern was consistent with other centers.
Johnson answered that usually continuous building materials are used in the sign
band. Lettering is usually 18 to 24 inches in height. There is no' strict code
application in this case. She felt it would look similar to others in Eden Prairie.
Harvey asked what the proponents were trying to accomplish with this signage.
Where are the customers coming from? He believed that very few drive in from
Highway 5. Instead, he felt that most were desitnation shoppers. He noted that
• it will be difficult to read the lettering on the sign bands and that the signage
would not pull him in from the highway. Are there efforts being made to market
and advertise the tenants in the center?
Riley said that there is a merchants association and they have a direct mail
promotion in Eden Prairie and Chanhassen.
Fitch said that 15-25% of the customers for Snyders come from Chaska and Chanhassen.
Riely said the purpose of the signage is to let people know that there are other
tenants in there in addition to the anchors.
Harvey felt the reasons for declining business may involve other things including
construction in the area and the fact that the anchor tenants are not as strong
as they once were. He did not feel the signage could be read from Hwy 5.
Riely said that sales were dropping and flexibility was needed to keep up with
the change in the marketplace.
Harvey said that maybe pylon signage was an option rather than an ineffective sign
band that cannot be read from Hwy 5. He did not feel that this proposal was the
answer. Why not a pylon sign using red and white for colors?
Fitch said that 11" copy has a maximum readable distance of 5001 . This would be
only 300' at the most. She had been out there on the sidewalk and could read
the signage perfectly well. No one reads all the signs at once, but they will
• make it look like a strip center to passersby.
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Freemyer asked if there were three signs that were not visible because of the
trees--he hoped that this was a true presentation.
Ftich said the signs for each business have been placed at the entrance closest
to the location.
Akemann felt there may be a problem in trying to read the signage--he felt it
was not high enough and too close. He suggested passing the variance request
for the square footage, but limiting signage to the larger tenants. A band
approach could still be used, but it would have fewer signs.
Riley said this could cause a political situation. It is difficult to tell a
tenant that his product and store is not as important as other larger ones. The
proposed signage has worked in other malls they have worked on (Woodbury Center)
and tenants were satisfied.
A representative from Parkway Dental came forward and said that many patients
are confused as to the location of the dental office. Recently a paraplegic had
gone to two wrong locations before finding the correct office--then he was over
45 minutes late and missed his appointment. The situation is very inconvienent
for a lot of customers and a hardship for the doctors. They need to identify
their location to phone callers as being in the building marked Driscolls or Snyders.
Signage is needed on the outside of the center. The Board needs to support the
businesses who need the support of the Eden Prairie citizens.
• Weeks said he was still concerned with the color and backlighting--he would suggest
a darker red. He also questioned if the signs could be read from Highway 5. If
the tenants are happy, however, he does not have a problem with the concept.
Fitch said the color will probably be similar to the color of Prairie Hardware signage.
The sign company has been doing this work for 15 years. The work will be quality.
Akemann clarified the intent of the signage as being to identify to passers-by
that there are more businesses in the center than the anchor tenants. Signage would
also identify the door which is closest to the business. He asked if it could be
made a condition to remove the pylon sign,which would serve no purpose after the
new signage is installed.
Riley said it advertises weekly specials from tenants.
Freemyer asked what the square footage of the smallest tenant in the center is.
Riley said it is about 500 sq. ft. They need signage the most of all the tenants.
Harvey noted that there were two requests in front of the Board--_- Rdmove all
signage from the north wall and permit 852 total square feet on the south wall.
Akemann said that there could be a better solution, but this is accompolishing
what the tenants want.
• Rilly said it is Northco's intent to provide visibility and good marketplace for
tenants.
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Johnson noted that at Prairie View Center some of the signage cannot be
read from Hwy 5 either. Customers have to drive in to read the signs.
Shady Oak Center is a neighborhood center which is back about 500' .
Weeks asked if the proponents had considered revamping the pylon sign
to incorporate the red color also. He asked if the darker red color would
contrast well enough.
Northco representative, Riley, answered that they had not considered the
addition of red to the pylon sign. As far as the contrasting of the darker
red color, Fitch answered that it would be in the same value area as other
reds for contrasting ability.
Freemyer said the pylon sign could get some of the signage off of the sign
band--He felt that 23 signs on the band was a bit too much.
Harvey asked if the pylon at Prairie View Center was over code. He noted that
this was designed as an interior mall.
Johnson answered that the pylon at Prairie View Center was over code.
Harvey asked if the merchants in the mall market and advertise both as a mall
and as tenants individually.
• Riley answered that marketing was done on an individual basis as well as
a mall as a whole. Northco dollars go into a public relations fund as
well as brochures.
Akemann asked about the new mall across County Road 4.
Johnson answered that it would be a neighborhood mall, as this one is. She
believed that the signage there would be 18" maximum on lettering.
Akemann said he was in favor the the variance request.
Weeks said he was in favor of the variance, but has concerns on the color
choice and lighting. He felt that if the photo on display had the signs
changed to a darker red, he could make a more informed decision.
Riley said it could be done, but Fitch's services were expensive.
Fitch showed the Holly Center slide again, which gave an indication of
the darker red they intended to use.
MOTION: Akemann moved that the Board approve variance request 90-15
that would eliminate the signage on the north wall and permit
total square footage of 852 square feet on the south wall.No
awnings with signage on them will be permitted. The architecture
of the building creates a unique hardship which does not permit
• interior tenants or tenants on the north wall exterior sign
exposure. The only color permitted will be the dark red tone that
is used in the Prairie Hardware signage. The variance will only
be approved for 23 signs in the sign band. If more businesses
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• want signage in the future, it will have to be approved by the Board
of Appeals. All logos must be contained within the sign band. Freemyer
seconded the motion and it passed 3-1 with Harvey opposed.
Harvey noted that his reason for opposing the variance was that there
was no clear reason for the signage explained by the proponent. The
purpose as stated could be accomplished in a manner with reduced exterior
signage. He felt there was a better way to communicate that there were
more than three businesses in the center.
Recess: 9:15
Reconvene: 9:20
B. Variance Request 190-16 submitted by Shea Architects Inc
for property located north of Plaza Drive west of Crown Auto
Eden Prairie, Minnesota The request is for a variance from
City Code. Chanter 11 Section 11 03 Subdivision 3 J. to
permit merchandise offered for sale in an outdoor display area
to exceed 10% of the around floor area of the building housing
the principle use.
Don Brauer and Joe Doty, rep from Denwall,came forward to present the variance
request. They explained that the site will be an automobile sales business and
as in such businesses, the cars need to be displayed in front of the building.
The product needs to be displayed to be sold to potential customers. This is
normal for car dealerships. Brauer said that they had already been to the
• Council and have agreed to the conditions the council specified. They will need
to go back for a second reading. The Council voted to eliminate condition number
7 on page 5 since it is only one of many possible options.
Harvey said that Staff was only stating that if this option was the one to be
chosen, would the proponent resubmit a landscape plan?
Brauer said he would, as would all the other neighbors. He added that this is
only one of the alternatives. He questioned if the upgrade of 494 will take place.
He restated that they will agree to the same conditions as the neighbors. He
felt it was unfair to make a condition on something so uncertain. If 40' were
taken on this site,it would interfere with the sewer lines.
Johnson noted that this is the first large car dealership proposed in Eden Prairie.
She said that there are a lot of staff reports on the request, but the City would
like this done clean and with conditions. It should be well understood. A few
changes have been added since the packet was distributed including:
1. Under condition #3, add ribbons and streamers.
2. Under conditions #6, add all windows, not just front and rear.
Add condition 8: All building and window signage (10%) shall be according
to city code.
Since number 4 is missing, renumber the conditions.
• Brauer asked if all this would be in the developers agreement.
Johnson answered that it would, if approved by the Board.
Brauer said that the owner has agreed to abide by all ordinances of Eden
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• Prairie. The right of way question is all that is new and the Council
had decided not to add that as a condition.
The representative from Denwall asked about item 5 which states only one
flag. At least three flags were discussed at the Council meeting.
Harvey and Johnson suggested the word "or" be changed to "and" in condition
#5. Johnson noted the wall sign appears to be above the roof line & will need
to be lowered to meet code.
Freemyer said he was impressed by the layout of the business. He had some
questions on screening, however.
Discussion took place on screening of the site and berming height. Customer
and service parking sites were also discussed.
Freemyer said he agreed with most of the conditions, but felt three flag
poles would look nice. Regarding the 212 corridor, if the screening is
disturbed, it should be replaced to these conditions or others negotiated
at that time.
Harvey said there was a trade-off. More outside display is requested and ,
more screening is needed.
Joe Doty, the rep from Denwall said that they would abide by the codes.
Harvey said he liked the plans and commended the owner for agreeing to the
conditions. He did think condition 7 should remain in case anything should
cause the loss of landscaped area. A new plan should be submitted within
60 days.
Akemann asked about the number of spaces for vehicles and also if both new
and used would be sold there. How about trucks?
'Joe Doty,the rep from Denwall said that there are 325 spaces on the site.
Only a few used vehicles and light trucks would be handled.
Akemann had questions on the moving billboard concept.
Johnson said that 'is 'is dllowed only for time, temperature, and public
information.
Akemann asked if this would be the same height as Crown Auto.
Brauer said there is 9' between the slabs with the car dealership being lower.
MOTION: Freemyer moved that the Board approve variance request 90-16
with the following conditions:
1. Items 1,2,3 & 6 shall be approved as stated.
2. Item 5 shall read to allow up to three flag poles. (within 20' radius
3. If any future developments change the layout of the business,
the proponent shall be required to bring the property back
up to the intent of the approval. (Item 7)
4. All building and window signage shall be according to code.
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• Considering the above changes, the conditions for approval were approved
as follows:
1. Approval is based on plans dated May 9, 1990.
2. Red, blue and white will be used for sign colors.
3. No balloons, banners, pennants, whirling devices, ribbons or streamers,
temporary signs, off-site sign, or search lights be utilized at this site.
4. No more than three flags may be utilized on the site. No flag pole shall
exceed 65' . Flags must be within a 20- radius and located in the flag display
area.
5. Automobiles stored outside may not have flags, pennants, whirling devices,
balloons, or anything resembling the same attached to them. Automobiles stored
outside shall not have prices or written information on the front or rear,
or any windows except for one square foot for dealer invoice.
6. Should anything cause loss of landscaping material or if the concept plan
changes, the owner must resubmit a landscape/screening plan to the Planning
Commission, Board of Adjustments and Appeals and the City Council within 60 days.
7. All building and window signage shall be according to city code.
Weeks asked if the conditions should include the height of the sign at the
roofline.
• Johnson said it was not necessary--it will need to be adjusted to meet code.
Akemann seconded the motion and it passed unanimously.
C. Variance Request #90-17 . submitted by David Hann and Anne Hann
for propertv located at 8803 Knollwood Drive Eden Prairie
Minnesota. legally described as: Lot 14 Block 1 Ridgewood
West Plat Two. The reguest is for a variance from City Code
Chapter 11, Section 11 03 Subdivision 2 B and Ridgewood
West Two Developer's A reement dated September 21 1982 to
permit a deck addition 101from a rear lot line City code
requires 20 ' rear yard setback and Developer's Agreement
requires 151 .
David Hann came before the Board to present this request for a variance. He said
that he was impressed that some of the members of the Board had come to his home
to see the site. He said when he built the home he had paid for the options to
put patio doors on the north side of the building under the advice from the builder.
He has recently found out he has a variance situation. The lot shape is irregular
and it is not possible to put any type of deck there without a variance. He
displayed the architechts drawing for the perusal of the Board. He felt with small
children in the home, it was not safe to have a door on the second floor that
went nowhere. If the doors were moved to the west side, they would be looking at
• the neighbors pool and it would be a western exposure. If the variance were not
approved, he would most likely remove the door entirely. He agreed that he should
have been more familiar with the setbacks when he built the home.
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Johnson noted that there had been several such instances in the last 6-7
years. In this case, Centex was the builder. Staff had written a letter to
• Centex reminding them of code restrictions, but this home was constructed before
that letter had been written. There is a possibility of a wrap around deck to
the northeast.
Harvey asked who had produced exhibit C.
Johnson answered that it had been a joint effort of the City and the developer.
Hann said they had considered going around to the west, but that would even
require a variance.
Harvey asked how much had been paid for installation of the patio door.
Hann answered that it had been about $500.00.
Akemann asked if this was an "as built" survey. He noted that the northwest
corner had been constructed about 16' from the rear lot line.
Johnson answered that the survey had been done prior to construction.
Hann said that the deck would be higher than the surrounding homes, but a notice
had been published and a letter sent to surrounding homes with no opposition.
If the door was put in the northwest corner on the north side, it would interfere
with the dining room.
. Johnson said that there had been a similar situation on Valley View Road which
eventually had been overturned by the Council on the basis that there was a
hardship that was not caused by the property owner.
Weeks asked if the doors were patio or french style--had Hann spoken with the
builder?
Hann said that the doors were french style. He had not spoken with the builder
since the home was constructed. The plan would need to be approved by the
homeowners association also.
Weeks asked if a deck on the pool side would be acceptable--would the owners of
the pool object to the deck overlooking them?
Hann said it was an option, but not for him because of the costs involved.
It would also be outside of the master bedroom.
Weeks said he felt the builder was responsible.
Hann said that Durham had told him that at the time this home was built, there
was no requirement to show proposed construction.
Freemyer noted that code calls for a 20' rear yard setback and the builders
agreement stated 151 . He wondered if any less than 15' should be approved.
Johnson said that it is treated as a zoning amendment and would create no problem.
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• Freemyer said there was a similar case a couple of months ago. Council
had given the Board direction. He said he had no difficulty with the variance,
but needed to identify the hardship.
Hann said that the hardship consists of the safety issue for children with
a second story door going nowhere. This situation needs to be remedied. There
are not many alternatives. If the doors were not there, and he found out he
could not put the deck there , well--no problem. The door could be removed at
considerable cost, but he would like to add to the value of his home by
spending the money rather than just removing the door.
Harvey noted that the elevation that this deck would be quite high.
Hann noted another deck in the neighborhood that is very prominent.
Harvey said he would like to see the open space maintained. The difference
between this instance and the one on Valley View Road is that this one infringes
on the neighbors, as the earlier one infringed on public right of way. He added
that he did not like to see the builder get away with this.
Freemyer asked if it would make any difference if this were considered a
side lot line.
Johnson said it would still require a variance.
• Harvey maintained that this is an invasion of a set back and open space.
MOTION: Weeks moved that the Board approve variance request 90-17 as
submitted with the following findings: 1. The applicant is limited
in deck addition by placement of existing patio doors and a
required rear yard setback of 15' . 2. The applicant had not created
the hardship and has limited options. A condition is to be added
that states the the deck be no closer to the rear property line
along the entire length than 10' .The hardship identified is that
the problem is physical on the property and not created by the
proponent. Akemann seconded the motion. Motion passed 3-1 with
Harvey opposed.
Harvey stated his reason for opposition as being was that the
developer agreed there would be a 15' setback--then built the
home with a patio door and implied that there could be a deck there.
He also objects to the open space infringement in this cluster
development.
C• Variance Reguest #90-18 submitted by James F Clark for
property located at 9384 Creekwood Drive; legally described as
Lot 4 Block 1 Creekwood Estates 2nd Addition Eden Prairie
Minnesota. The re est is for a variance from jgity Code
Chapter 11 Section 11 03 Subdivision 2 B to permit a 3
season porch addition 6 5 feet from a rear lot line Citv
Code requires 20 foot rear yard setback
• James Clark appearaito present the variance request. He noted that this is
a screened in deck and not a three season porch. The original deck was made
of untreated lumber and needed to be replaced and screened in. They removed
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• the original deck and had accepted a bid for the new construction. Then, they
found out they needed a variance. The rear of the home is 20' from the property
line. The old deck had been unauthorized. Even the City inspector had marked a
diseased elm tree and sent him a notice to have it removed. Clark had done so
at a cost of $250.00, thinking it was on his property. The neighbors lots are
larger and both have larger decks. He had already gone to the neighbors with
the plans for the proposed deck and they have no objections. He does not want
to remove any trees. He felt the hardship was that they did have a deck and
tore it off, thinking another could be reconstructed.
Johnson noted that Clark has been maintaining more back yard than was necessary.
This lot is only 110 feet deep. The rest in the area are 150' deep. Actually,
Clark has been maintaining 40-60 feet that was a city outlot. She said that
the utility line is a standard rear yard easement.
Freemyer asked why the screened porch could not be put off the bedroon.
Clark said he would not be happy with it in that location, but even there it
would require a variance.
Freemyer asked if there was any use planned for the city outlot.
Johnson said there were none at this time. Walking trails are a possibility in
the future.
Akeman felt the deck would fit it and would be reasonable. 0n the other hand,
• the deck is not necessary--the house is functional without one. An add-on to
an existing home is not necessary. The original deck could be replaced--not
screened. What is the hardship?
Clark said he could understand what Akeman was saying from a technical point
of view. He had Purchased the property--but let the buyer beware. Maybe he would
not have purchased the property today if he knew where the property line is.
Weeks noted that there was no hardship, but when the home was purchased, it
was probably assumed the yard was deeper. A buyer would not expect to have to
ask for a variance. He felt he could not demonstrate a hardship, but Clark did
inherit a non-conforming situation. Functions of setbacks are to create open
space between building elements. The creek is 300' away. More than likely, there
will be no use for that property. Weeks felt the request had some merit. A
thorough analysis had been done and the neighbor contact had been good.
Harvey said he shared Akeman's concern from the technical standpoint. Clark had
a reasonable expectation as far as lot size. The previous owner had mowed the
area too, and the title company told him that this was the size of the lot. The
deck already existed and he assumed it had been approved. Pie wanted to replace
an unsafe deck on his home. The variance is significant, but the setback rules
are to provide separations and create green areas. Even if this deck were to be
built, it would be at least 350' away from the neighbor.
Freemyer noted that if he built on grade, he could go to the easement line. The
fact that this is a low deck should be a consideration. Even though the intent
• of the ordinance is to create open areas, this is a vast open space. Clark cut
down one of the city's trees at his expense. He felt the screened porch should
be approved. Perhaps the variance can be lessened.
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Clark said he would like a 12' by 16' deck such as he had seen at a friends
• home, but would accept 12' wide.
Akeman felt there were several unique hardships, but this was still a large
variance. Would Clark accept 101?
Clark felt it would be a great expense at no value. He would rather build an
open deck in that case.
Freemyer suggested that Clark go out 10' and 18' wide. He would like to see Clark
have the screened porch, but thinks the variance should be lessened.
Harvey noted another variance request last year when the proposed deck encroached
on city land. He asked Clark what the width of the patio door was and what he
would like as the minimum width for the deck.
Clark responded that he would like a 12' by 16 deck.The combined width of the
patio doors are 7-8 feet. If the deck were to be made hexagonal, the roof
lines become a problem--there is a bay window above.
Freemyer asked Clark if it would be acceptable if he could build any type
of structure he wished as long as he came no closerthan 10' from the property
line.
Clark said that would be acceptable.
Freemyer suggested that Clark get a certificate of survey. If the two rear irons
• could be located, he may have more building space than he thought.
MOTION: Freemyer moved that the Board approve variance request 90-18
to allow any type of deck as long as it is no closer than 10' to
the rear property line (measured at right angles). The hardship
demonstrated is that when the property was purchased, Clark was
told the property was larger than it is. The title company and
the City of Eden Prairie had indicated the same. Weeks seconded
the motion and it passed unanimously.
IV. OLD BUSINESS
Harvey asked about the house moving on Beach Road on June 15.
Johnson answered that there had been a one week delay.
Freemyer noted that signs have been added at the PDQ, where a variance had
been granted about one year ago. Express teller signs have been added.
Harvey asked about the proposed Council and Board meeting.
Johnson said she had heard nothing further on the meeting.
Harvey asked her to check with the City Manager.
Freemyer noted that in the media, the Ford dealership variance seems to be
• already approved .
Johnson said this was the second proposal. The Board final order will be enforcable
in court.
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V. NEW BUSINESS
• Johnson gave a brief review of the variance requests on the agenda for next
month.
VI. ADJOURNMENT
MOTION: Weeks moved that the Board adjourn. Akeman seconded the motion
and it passed unanimously.
Meeting adjourned at 11:55 PM.
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