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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 06/19/1975 APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS Thursday, June 19, 1975 Eden Prairie City Hall , 7:30 p.m. MEMBERS PRESENT: Chairman James Weldund, Don Sorensen, James Cardinal MEMBERS ABSENT: William Bye, Tom Cebulla STAFF PRESENT: Wayne Sanders, Chief Building Inspector I. APPROVAL OF MINUTES OF MAY 15, 1975. Page 1 , Para. 2, line 3, Delete "obstained" and insert "abstained". Page 1 , Para. 2, line 4, Delete "All voted aye. " and insert "Mr. Wedlund, Mr. Cardinal , and Mr. Cebulla voted aye." Page 1 , Para. 3, Insert "Mr. Brill presented a letter from the owner of the property to the east of his stating approval of the request". Page 1 , Para. 4, line 1 , Delete "will" and insert "would". Delete "interrupt" and insert "vote". Page 1 , Para. 4, line 2, Delete "make a comment during the discussion" and insert "participate in deliberations". Page 1 , Para. 6, line 1 , Delete "questioned if" and insert "asked a point of information as to whether". Page 1 , Para. 8, line 1 , Delete "stated that there were mini-storage along one side of the fence and that this would help to block the people's view of the dogs" and insert "inquired whether board members were aware of the nature and design of adjacent land use, especially the mini-storage structure which would abut the proposed fence area" . Page 2, Para. 3, line 8, Delete "or" and insert "to" . Page 2, Para. 4, line 1 , Delete "obstained per circumstances" and insert "abstained". Page 2, Para. 4, line 2, Delete "all voted aye" and insert "Mr. Wedlund, Mr. Cardinal and Mr. Cebulla voted aye". Mr. Sorensen moved to approve minutes as corrected and published, Mr. Cardinal seconded. Mr. Wedlund, Mr. Cardinal and Mr. Sorensen voted "aye", motion carried unanimously II. Variance request for DaVair Incorporated to construct high loading dock which will be visible from the street. The property is located at 13045 Pioneer Trail . Page 2 Board of Appeals and Adjustments Mr. DaVair briefly went over the history of the purchase of his land and how his company has expended and needs more space. The loading dock would be a door that is 7' by 7' . The door will be seen from Pioneer Trail and would be very difficult for them to hide or camouflage. If the overhead door was in anyway camouflaged, he felt that they would not be able to use the dock. There was some discussion of re-designing the building and moving part of his manufacturing from the front of the building to the rear. A suggestion was made to continue a false wall along the front of the building hiding the dock. Mr. DaVair pointed out there would not be room for his semis to drive up to the building. Mr. Wedlund questioned the possibility of moving the existing building business to the rear of the building. Mr. DaVair stated that this would interfere with the shipping and receiving of the large equipment. Mr. DaVair was asked if the dock could not be moved somewhere else so it would not be seen. Mr. DaVair said that he did not have enough property to move his semis to the back of his building since he only has one acre to work with. Mr. Cardinal inquired why it wouldn't be possible to let Mr. DaVair build his dock in front of the building since he was in an industrial area . and there were no residential homes around. Mr. Sorensen stated that when zoning was first put in, it was spot zoned and no screening was required. He also stated that there would be alot of residential traffic going by and the dock would be easily viewed from the street. Mr. DaVair pointed out that it was not a dock but a large garage door, however, it would be opened a large percentage of the time. Mr. Cardinal made a motion to deny the request, Mr. Sorensen seconded on- the basis that there is no compelling reason to fit the guidelines to support an action to approve the variance. Mr. Cardinal stated that there is no reason whereby we can grant a variance according to Sub Section 17 of Ordinance 135. Mr. Wedlund spoke in defense of Mr. DaVair since he was a victim of circumstances for several reasons: 1 . Mr. DaVair built his building be- fore we had this ordinance; 2. He does not have enough property ;to accommodate his future development; 3. There is a danger to employees if he moves his big equipment through the building. Mr. Sorensen moved to table Mr. Cardinal 's motion until the next meeting in July and con't. this item on the agenda for the next meeting. Mr. Wedlund seconded the motion. Mr. Sorensen, Mr. Cardinal and Mr. Wedlund voted aye. Motion carried unanimously. Page 3 Board of Appeals- & Adjustment III. Variance request for Rosemount, Inc. to erect a sign (message center) with four foot variance for attached art object. The art object is two people holding up an "R The board asked the purpose of the sign. Mr. Ernie Echols of Rosemount Engineering replied that the purpose was to advertise for jobs and for community events. During the discussion it was discovered that Rosemount Eng. already had its allowed number of signs. When this was discovered the request was changed for a variance for the whole sign which is 4' higher than the 8' allowable and with 9". letters. Mr. Sorensen made a motion to deny the request as it does not comply with the ordinance provisions as to the number and size of signs and no evidence was presented which justified the granting of a variance under the numerated basis for granting a variance in the ordinance. Mr. Cardinal seconded the motion. Mr. Sorensen, Mr. Cardinal and Mr. Wedlund voted aye. The motion was carried unanimously. IV. Homeowners from Cedar Crest Addition that wanted to express their feelings on the Hendrickson land division. The homeowners are Duane Cable, 17181 Cedar Crest Dr. , Bill Bailey, • 17140 Cedar Crest Dr. , Tom Whalen, 18190 Cedar Crest Dr. Feelings were expressed about a road being at the end of a cul-de-sac which may accure if the land is divided. There was concern of Cedar Crest Dr. turning into a thoroughfare if in about 20 years there would be 30 or more homes built in that area. Mr. Sorensen moved to con't. this until the July 17 meeting, Mr. Cardinal seconded the motion. Mr. Sorensen, Mr. Cardinal and Mr. Wedlund voted aye. Motion carried unanimously. Mr. Sorensen motioned to move items V and VI on the agenda to the next meeting, Mr. Cardinal seconded. Mr. Cardinal , Mr. Sorensen and Mr. Wedlund voted aye. Motion carried unanimously. Mr. Cardinal moved to adjourn the meeting, Mr. Sorensen seconded. Mr. Wedlund, Mr. Cardinal and Mr. Sorensen voted .aye. Motion carried unanimously. Meeting was adjourned at 10:35 p.m. Respectfully submitted, Rebecca Quernemoen Recording Secretary