Loading...
HomeMy WebLinkAboutBoard of Adjustments and Appeals - 02/27/1975 UNAPPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS MEETING Thursday, February 279 1975 7:30 PM, CITY HALL MEMBERS PRESENT: Tom Cebulla, Don Sorensen, Jim Wedlund STAFF PRESENT: Wayne Sanders, Ed Sherman I. MINUTES OF MEETING HELD JANUARY 239 1975. Sorensen moved to approve minutes of January 23, 1-975 as published, Cebulla seconded. Motion carried unanimously. II. VARIANCE REQUESTS Phoenix Petroleum Company — Rehearing for their request to rT—T�1 Cloud 1�1 A�—Drivel operate a discountgas station at oa b r lyllle loud Eden Prairie. Mr. Noteboom, representing Mr. Friedman, stated he would not burden the Board with repeating everything in the report he submitted to them. Said he appreciated being able to appear before the Board and that it was a very simple legal issue of whether or not Phoenix Petroleum Company (Zenith Oil Co. ad abandoned the non-conforming use of the property at $855 Flying Cloud Drive. He said he finds no fault with Mr. Perbix's interpretation. The temporary cessation of use was due to no fauIt of the owner. The property was not abandoned. Mr. Fried- man = had every intention to go back to operating a station as soon as he was able to get a gasoline supply again. It was out of control of Mr. Friedman. The property was leased on a month to month basis while not operating. Only temporary use of another kind. He further stated one of the concerns may have been the appear- ance of the property. The right to open only due to abandon- ment of property. Physical appearance of the property will be taken care of and it will be dressed up to make it an attractive service station. Sorensen stated they were trying to measure intent and use of both buildings on this property. Why a change of use of buildings? There is a variance from what was stated previously at other two meetings. Noteboom said he will respond to any inconsistencies and attempt to deal with them. Sorensen there was a time when there was no use or any intended use of rear building. Mr. Friedman stated rear building was used for storage. Sorense n - Used as storage when rezoned? There has been a body shop in that building. Minutes (Board of A & A) -2- February 27, 1975 II. VARIANCE REQUESTS (Cont'd.) Friedman stated he did not know that building was being used as a body shop. Sorensen - sometime after cessation of selling gas, a lease was signed for a body shop. Friedman said there was a man living back there because the property had been broken into, but he did not know the building was being used for a body shop. Mr. Sanders stated a Mr. Baker told him he had paid rent for that property in the last year. Mr. Friedman said he has not received any money and that it is being used without his consent. Sorensen - It was used to your knowledge for non-conforming use? Friedman - yes it was. Sorensen - condition of building somewhat less than desirable. Friedman - that is right. Sorensen - until Village complained, you did nothing to get it cleaned up. Friedman - had it cleaned up in September of 1973• Noteboom presented a bill from Roy Johnson, 1516 E. 90th St. , Minneapolis, Mn., dated 9-20-73 in the amount of $300.00 for clean-up work done at property in question. Mr. Sherman told Board he had sent a registered letter to Mr. Friedman in August of 1973 and it was not picked up at post office so was returned. He called Mr. Friedman to give him a letter of intent which Mr. Friedman said he would send, however, it was not received. Between August 79 1973 and November 200 1973, some clean-up work was done. Sorensen - Prior to August of�1973 9 was some contact made by to his knowledge the Village with Mr. Friedman. Sherman - and has not been able to find anything in the file. Sorensen - prior violations of City Ordinance? Sherman - cannot find record of any. Sorensen - one of the factors of determination of intent to continue operation is the effort the party makes to at least maintain and repair property and is some evidence of intent. City has questioned demolishing building due to its condition. Noteboom - his party is willing to bring property up to a very attractive piece of property. It would not have been cleaned up with the idea they were planning to close it down. Sorensen - the Board has to be appraised of total ordinances in the Village and if building is to be demolished - then non-conforming use has ended. Noteboom - the letter he received stated the property twas abandoned. Are there some reasons the property n Minutes (Board of A & A) -3- February 27, 1975 II. VARIANCE REQUESTS (Cont'd.) brought up to standard due to some Ordinance restrictions? Sorensen - this body will consider all things in arriving at decision. Noteboom - property is maintainable and repairable at modest cost according to their architect, Mr. Bernstein. Will not impose on City improvements they do not want. Sorensen - stated policy of this Village is not to encourage non-conforming uses and to rid Village of them as soon as possible. Not only a question of cessation of use, but there is evidence of accident at that property which caused further damage. Noteboom - does this policy appear in Ordinances? Sorensen - yes and it is not consistent with CGP, is a traffic hazard, and if Hgwy. 169 is improved in the future, the location of pumps could cause accidents. Noteboom - Mr. Bernstein stated they were in compliance with State Highway code. Sorensen - request staff to provide Board with what the set- back requirements are, including both structures and pumps. Mr. Hirt stated for a period of time in late 1972 or 1973, part of front building was used for living quarters. Cannot .verify this information at this time, but will get it for the Board. Friedman - there was a man living there, but he has moved out. Don Leonard was his name. Sorensen - length of time man lived there? Friedman - thought it was less than 30 days - when he found out man was living there, he told him he had to move as it wasn't healthy, etc. Sorensen - a family was living there when he went to station and dogs were being maintained in area. Friedman - he wrote a letter telling them they would have to remove dogs. Sorensen it was over a lengthy period of time, in excess of three months, that dogs were maintained on property. Wedlund - is it possible that during one of your 30-day-visits, you did not see anyone? Friedman - he walked through building and told them they had to get out. It was a man with two boys. He said the man told him they were only with him for the summer. Sorensen - wasn't it true there was also a woman and small • children living there? Also, he personally observed dogs Minutes (Board of A & A) -4- February 27, 1975 • II. VARIANCE REQUESTS: (Cont'd.) were maintained on the property. Noticed a St. Bernard there as his wife has one and they were concerned about the dirty- ill-fed appearance of the dogs and observed they were there for more than 60 days. In fact, at times the dogs were chadned to trucks parked there. Friedman - dogs were for protection but he did not know about them being chained to trucks. The family did move into the camper parked on the premises shortly after he told them they could not use the building. Sorensen - were other things sold besides gas? Wedlund produced pictures of items advertised for sale besides gas, such as milk, and dry cleaning service. Milk and groceries were sold at this location for at least 2 years and Sanders said this was true. Noteboom - selling these things makes this abandonment of use? Sorensen - No, it is a change of use. Noteboom - asked whether there has been violation of Ordinance 135? Does not view sale of milk or other products as abandonment of use as long as they were selling a substantial amount of gasoline - there was not an abandonment of use. Sherman - spring of 174, Mr. Friedman rented this building for an antique store. Sorensen - requested Mr. Sherman get name of person who rented property for storage tank use and then • sold antiques. Friedman - a Mr. Baker used this property for storing gas in ground as he fueled his trucks there at night, but he did not know Eiout sale of antiques. Wedlund - building has broken side door, building is full of snow, window is broken out, evidence of people being in there from trash left and you said this man was staying there for protection of the property? There are 14 vehicles on the property - only 2 operate. There are 2 truck bodies there. The 2 cars that are operable are not licensed to drive on. highway. Mr. Noteboom was asked what it would cost to fix property. He replied Mr. Bernstein estimated $15,000. Cebulla - building should be demolished. Sanders - almost in complete state of collapse. Cebulla - this would require restoration - not repair. Noteboom - cannot estimate amount of minimum maintenance. Sanders - in state of dilapidation, more than 50% would have to be replaced. Does not fit into intent of zoning ordinance. Sherman - lack of care of property, police said it was broken into and no care has been taken to board it up. Friedman - sent two men out to board it up after talking to Sherman and had to send out another man a few days later as vandals tore the boards off. Don Leonard boarded it up for him, but he needs to have someone there in order to keep it up. Police cannot seem to take care of this. Will not- do anything until he finds out when he can get station open as it will just be destroyed again. He is running out of funds. Minutes (Board of A & A) -5- February 27, 1975 II. VARIANCE REQUESTS: (Cont' d.) Friedman - It is in bad condition, however, all he needs is two weeks and he would have it all cleaned up. Yes, there is snow in building and windows are broken, etc, but these are things that can be handled. Without being there, if they fix it, the next day it will be back in same condition. He told the man there not to park cars on property, but if he pulls them out, they will be back next day. Wedlund - Why do you allow someone to be there without paying rent? Building in back does not seem to be vandalized. Friedman - has no power over the man back there as the man tells him the property is under condemnation and Friedman can't do anything about it. Sherman - August 13 , 1974, the property was declared unsafe. Sanders - Under #104 of the Uniform Building Code, it states property in this condition must conform to new building standards when being restored. Sorensen - Requested the Board direct Messrs. Sanders and Sherman for their inspection reports and observations as to the property's use, non use, misuse, change of use, and discontinuance of use. • Sorensen - wants Mr. Sherman's report on this building to support his statement regarding the building has been 50%i destroyed. Noteboom - would like the Board to permit their architect, Mr. Bernstein, to submit his appraisal of what is necessary to repair building and what is a reasonable time to submit this information. Wedlund — asked Messrs. Sanders and Sherman how long they would need for their report and they .replied one week. Friedman - Received first shipment of gas in August. Hired contractors to go out and repair building. At that time, it had a heating plant, locks on doors, windows intact, etc. If they had let him operate station, it would not be in this condition now. Wedlund - had rules and regulations been followed - you would have obtained necessary permits. Friedman - this is contractor's responsibility to obtain permits which he told them to do. Sorensen - Requested Mr. Sherman provide Board with an outline on condition of permises at time Mr. Friedman was not allowed to open. Minutes (Board of A & A) -6- February 27, 1975 II. VARIANCE REQUESTS: (Cont'd.) Wedlund - asked Mr. Noteboom if he was aware of accident at that location. Noteboom - no. Wedlund - why wasn't it repaired? Friedman - One accident since 1965. Has called insurance company and they said to repair it. No sense to fix it now, but will do so when he gets gas again. Ordered 2 new pumps to replace damaged ones and they are paid for. Told them to hold them until he gets Council approval. He did not get necessary permits, but felt contractors were supposed to do this. Yes, property is deteriorating because he does not have permit to operate. You say "don't fix it - it is junky" and yet you won't give me a permit to operate, Give me- two weeks and I will have it fixed. The only thing you have done is made it become more deteriorated and then you complain the man who is staying there is now non-conforming use. Before the gas was cut off, the reason he was not maintaining it as he should be was that he was having financial problems. He can do the job now as he is over the financial problems. He sold gas less than others in area and now it is 5¢ a gallon higher and his gas was good gas - just like you would get at Texaco or other stations. Won't argue with __ inspectors, but has done over other stations. Has 13 and has • done one 6 over near Mille Lacs which is a very nice station. You can just go look at them - they are nice stations. Sorensen - am going up there this week and will take a look at it - what is name and location? Friedman - Chuck's Discount Station near Bennettville. Noteboom - In March of 1973 - were notified gas was being cut off. Friedman - everything happened in one day. Would have had it done if he had two weeks to do it. Paid $42,000 for that property. He would not close it. Can't afford this. Station has to operate or he will have to abandon it because of taxes. He is not being given opportunity to show what he can do. Can move crew in so fast. When they sold milk there - it was 30 a gal. cheaper - so what, they were saving people money. Has a crew - can get guy out, cars out, etc. Let him do job and see if he doesn't. Sorensen - the action this body takes on facts and pre- sentation and should we approve and find for you and then _ six months from now, you haven't done what you said you were going to do - it will be a different ballgame. Not trying to denigrate your sincerityy � decision must be made under Ordinances. Will try to be fair and do best job we can. Minutes (Board of A & A) -7- February 27, 1975 II. VARIANCE REQUESTS (Cont'd.) Wedlund - would like to see gas delivery receipts, from 1970 through 1973. Receipts will give history oflcompany. Talked to man in area who did not use your station as he could not rely on your station being open. Friedman - our records will show business increased from the start. Business will get better. We have good gas. Can sell for less as can operate on less. Has crew who does all checking and maintenance without being told,on a regular basis. Wedlund - Why doesn't your crew check this station? Friedman - I pulled them off and will not allow them to do anything there. Cebulla - pumps were broken - how did you get gas after that? Friedman - only two pumps broken, two were working. Sherman - very hazardous situation as there is 6 inches of gas left in tanks — children could play there and get killed. Sorensen - is tamper proof cover system expensive? Sherman - no. Friedman - did have caps on tanks and they disappeared. Sorensen - Board has a certain number of days to make decision under the Ordinance and suggests an additional meeting to give staff time to get other information and have City Attorney draft resolution re findings. Sorenson moved to continue hearing until March 13, 1975 at 7:30 PM, Cebulla seconded. Motion carried unanimously. Sorensen explained grandfather clauses, non-conforming use under Ordinance, etc. Noteboom - situation is inherently unfair. Disagrees with Sorensen's interpretation that non-conforming uses will eventually cease. Ordinance does not say that. Act of God can be insured against, however, under circumstances property is being taken from us. My client has property which cannot legally be taken from him. Sorensen - question of taking not before us. However, question of zoning to non-conforming use resulting in injury to Mr. Friedman could have been challenged back in 1969. 16.1B policy re non-conforming uses is that they be eliminated. Friedman - everything is insured, Wedlund - vandalism? Friedman - liability. Minutes (Board of A & A) -8- February 27, 1975 II. VARIANCE REQUESTS, (Cont'd. ) Sorensen - suggested Sanders notify missing member, Mr. Bye, of meeting and appraise him of situation and also refer information to legal staff as to Ordinances available and what significance they have on Board's findings. Sorensen moved to request Mayor and City Council give their -attention to a member to fill out this Board at earliest possible meeting. Cebulla seconded. Motion carried unanimously. Sorensen suggested not acting on last two agenda items as they are not pressing and a full board is not present. Sorensen moved to continue last two agenda items and placed on next scheduling agenda to be dealt with depending on complement of this Board. Cebulla seconded. Motion carried unanimously. NEW BUSINESS Sorensen - has been advised Board can have meeting with legal advisor and staff to direct questions to them covering various procedures to follow and any other questions members may have. Sorensen reported he was authorized to act on behalf of the Planning Commission. ADJOURNMENT Sorensen moved to adjourn, Cebulla seconded. unanimously. Motion carried Meeting adjourned at 9:55 PM.