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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 04/17/1975 APPROVED MINUTES EDEN PRAIRIE BOARD OF APPEALS AND ADJUSTMENTS THURSDAY1 APRIL 17, 1975 7:30 PM, CITY HALL BOARD MEMBERS• William Bye — Absent Thomas Cebulla — Present - Donald Sorensen — Present James VJedlund — Present City Staff Present: Wayne R. Sanders, Chief Building Inspector I. MIJEARING IN OF BOARD MEMBER WILLIAM BYE. Continued to future meeting when Mr. Bye will be present. II. APPROVAL OF MINUTES OF MARCH 20, 1975. Sorensen moved to adopt the minutes as published with the exception of following: Page 69 Paragraph 3 , "and recommends that the City Council adopt the following resolution", Cebulla seconded. Cebulla, Sorensen and VJedlund voted "aye" , motion carried unanimously. Sorensen moved to re—adopt resolution in full with the words "and recommends that the City Council adopt the following • resolution" being omitted, Cebulla seconded. Cebulla, Sorensen and VJedlund voted "aye" , motion carried unanimously. III.EAGLE ENTERPRISES, consideration of parking variance . Board members discussed the proposed parking variance and asked questions of Mr. Lance Norderhus regarding a bus stop with shelter, signs, landscaping plan, berming, shielding of loading docks from view, and possibility of shared parking with nearby church. Mr. Norderhus stated they had no diffi— culty accepting the recommendations of the staff and Planning and Zoning Commission. Cebulla moved that the Zoning Board of Appeals and Adjustments hereby grants a variance from the parking requirements estab— lished in Ordinance 141 calling for 8 parking spaces per 1000 sq. feet of gross floor area to 6 parking spaces per 1000 sc. feet of gross leaseable area for the construction of a neighborhood shopping center on the Northwest (quadrant of the intersection of Trunk Highway 5 and County Road 4 in conformance with the plans of the developer dated April 3 , 1975 and subject to ,the following conditions which shall be made prior to the granting of an occupancy permit for the space: Minutes (Board of A & A) —2— April 17, 1975 • III. EAGLE ENTERPRISES ( Cont' d. ) 1. That the design of the landscape buffer areas consisting of earth forms and landscaping, adjacent to Co. Rd. 4 and T.H. 5, screen passing traffic from the massive impact of the parking area to standards which are acceptable to the City staff. 2. That Eagle Enterprises shall submit, and obtain approval from the City staff of design of buffer areas, particul— arly on the northwest property line adjacent to the church and the single family properties, to ensure adequate screen— ing and buffering from the service areas of the mall. 3 . That the developer shall work jointly with the Highway Dept. to ensure proper design of all entrances and exits to the Center site. Moving the Center entrance to T.H. 5 to the west at least 600' from the Co. Rd. 4 intersection is required. 4. That the necessary improvements to Co. Rd. 4 and T.H. 5 permitting safe and high quality access to the center site shall be accomplished prior to granting an occu— pancy permit for the commercial space. (These improve— ments are to be made by the Highway Dept. or developer, not shared by the City.) 5. Angle parking shall be installed to provide safe parking lot movements consistent with the provisions of Ordinance 141. 6. The developer shall provide parking lot landscaping similar to that used in the Eden Prairie Center by Homart. This will ensure adequate number of shade trees in the parking areas to assist in defining the parking rows and to provide shade and visual amenities in the parking lot. Landscaping shall be approved by the City Staff. 7. Approval of the parking variance is based exclusively upon the shopping mall design prohibiting exterior signage other than the major tenants (supermarket, drug or hardware) and internal site directory signin or other mores, with limited signage identifying the shopping mall itself related to the major roads. The variance does not apply to the typical strip mall with individual merchant signing along the front of the building. Design of said signage shall be subject to City staff approval. 8. That Eagle Enterprises shall continue the pedestrian system along Co. Rd. 4 to T. H. 5 and connect the same • with a safe internal pedestrian system to the shopping mall which shall be separated from traffic lanes. Minutes (Board of A & A) -3- April 17 1975 . III. EAGLE ENTERPRISES (Cont'd. ) 9. That Eagle Enterprises shall design transit service facilities that meet the standards of the MTC and provide a space for the future transit stop. 10. That Eagle Enterprises shall enter into present and future shared parking facilities with Immanuel Lutheran Church, provided said church is agreeable, and subject to City staff approval. Wedlund seconded motion. Sorensen stated he has extremely mixed feelings on this situation and has nothing but compliments for the developer. Thinks the Center is well designed and a credit to Eden Prairie , however, has strong feelings that intersection of Co. Rd. 4 and T.H. 5 should not be commercial in orientation and this was shared by Planning Commission. He stated there are substantial traffic hazards and this is more than the road can bear. The Comprehensive Guide Plan for this City recommended that we not have commercial strip along the major streets and highways of this Village and this was a well considered and adopted plan. Unfortunately, this area which was once zoned commercial was placed in planned study. Because the City did not act on study area, it has reverted to its original zoning. This is a regretable situation on part of City. It is not, in my opinion, to the best interest of the City topermit extensive commercial activity of this nature or any nature on major streets. The position the City finds itself in places the City in a tenuous legal position in any attempt to deny a suitable commercial use for this property. The double-loaded mall of the developer is far superior to a strip mall that they could have pro- posed for this site. Faced with this economy and this choice, I feel developer's proposal is reasonable, however, faced with the strong convictions I have regarding commercial development on City streets and highways, I cannot vote for this, however, I will not oppose this proposal. I will abstain on this vote with comment and appreciation to the developers for their cooperation. Cebulla, Wedlund voted "aye".. Sorensen abstained, motion carried. IV. NE%11 BUSINESS Wedlund - suggested educational informational meeting with • City officials. Sorensen suggested Mr. Sanders arrange the meeting. Wedlund - wants vacancy on Board filled. I- inutes ( Board of A & A ) -4- April 17, 1975 IV. N:41,1 BUSINESS ( Cont'd. ) Sorensen moved the Board of Zoning Appeals and Adjustments hereby respectfully requests immediate action on the appoint- ment of a member to fill this body and further requests that the City I,ianager, at his earliest opportunity, bring this item to the attention of the Mayor and City Council, Cebulla seconded. Cebulla, Sorensen and Wedlund voted "aye", motion carried unanimously. Sorensen stated that it has been suggested by the Chairman of this body that because of his previous contacts and service on a City commission with James Cardinal, that he be considered as an appointee to this Board and that other members of the Commission are acquainted and have served with Mr. Cardinal and felt Mr. Cardinal would be an addition to this body. This - suggestion is not meant to usurp any powers of the Mayor or City Council, but rather is a suggestion for their consideration. V. ADJOUPSIMENT Cebulla moved to adjourn at 9:13 PM, Wedlund seconded. Cebulla, Sorensen, and Wedlund voted "aye" , motion carried unanimously. •