HomeMy WebLinkAboutBoard of Adjustments and Appeals - 10/23/1975 APPROVED
MINUTES
BOARD OF APPEALS AND ADJUSTMENTS
• THURSDAY, OCTOBER 23, 1975 7:30 PM CITY HALL
MEMBERS PRESENT: Chairman James Wedlund
Don Sorensen
Tom Cebulla
FIBERS ABSENT: Jim Cardinal
William Bye
STAFF PRESENT: `Jayne Sanders, Chief Building Inspector
I. Interpretation of Subdivision 2.7. No. 4. of Ordinance 135-11r. Swanson. of
Metro Machine & Enga! & Metro Hydraulics, 8001 Wallace Rd..
Mr. Swanson approached the City on the need for putting up a storage building
on their premises. He explained that the"backbone" of their business is steel
and that steel needs to be stored inside a well ventilated, unheated building.
He added that their attorneys have looked at the plan and felt it was consis-
tent with buildings throughout the City, including the building on Wallace Rd.,
and that the plan is specific and consistent with the Code.
Sorensen asked about the comment made that this building would be no different
from his neighbor's. Swanson responded that his next door neighbor's was of
• this type, and that there are several buildings,such as the school bus garage
and some of the Flying Cloud buildings, which are also of this type. He added
that there are two ways to go; they prefer to go with a garage building, with
a wooden frame and steel on the outside (pole bldg.), or a full steel bldg. with
a steel skin. The pole bldg. would be less expensive, is serviceable, and not
unpleasant to look at.
Sanders informed the Board members that they had not been approached with this
before because it just came to him to give to the Board to get an opinion. He
quoted the Ordinance, subdiv. 2.7, special requirements, and said that in the
past this has been interpreted differently. He added that in the past five
years, he has issued several of theseaadthe City Manager and Attorney have looked
at it and were in agreement. He asked if it needed more clarification.
Sorensen questioned Sander's interpretation language of grade and quality for
possible categorizing. (Butler type bldg.)
Sanders reponded that the former Village Manager and former bldg. inspector had
permitted this.
Swanson asked the members to look at separate bldgs. of this nature, such as the
one at Glen Lake. He added that they view the proposed bldg. as temporary and
have no other choices at this point.
Sorensen asked what was meant by "temporary".
• Swanson answered that this is part of a five year program, eventually there will
be an outside loading dock. He added that taking cold storage into a warm bldg.
does not work with steel because it "sweats" and has to be used immediately.
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•
Cebulla commented that this building would not be heated or insulated then.
Swanson answered that this was correct.
Cebulla questioned why it didn't fall under the category of pre-finished metal.
In response, Chairman Wedlund quoted paragraph from the Ordinance. He added
that the City Tanager feels strongly, that in order to avoid ambiguity, this
should be cleared up.
Sorensen questioned the intention of the Ordinance in prohibiting certain type
of materials. (aesthetics, structure fault, fire reason, public health or safety
reasons) Sanders said aesthetics are considered in this Ordinance, but he did not
know their intentions.
Sorensen and Wedlund were in favor of requesting inquiry of Don Brauer and former
City Manager, George Hite, of just what was included and excluded and why, in
order to interpret this. Sorensen added that he would also like a report on other
structures, which are of a metal type. Sanders said that half of these structures
were constructed after the Ordinance.
Cebulla questioned the time schedule. Swanson responded that it was an immediate
thing.
Sorensen asked whether they had considered screening. Swanson answered that it
• would be a small building, 50' by 50' and would be tucked in next to our main
bldg. and, that it could not be seen from the outside, but would consider screening
if necessary.
Sorensen said it could be granted tonight, or they could come back and apply for
a variance. He added that on an interpretation of any statuatory ordinance you
can come back and try to find legislative history on it by asking people involved
closely in it.
Sanders said he would be glad to review with the people suggested and bring it to
the City Manager for review.
There was discussion of the "notification" procedure and the length of time in-
volved.
Wedlund said as far as interpretation from this Board on the section in question,
he did not feel there was any need for further discussion. His thinking was that
it should be Sander's decision, whether they can build this building or not, pro-
viding it meets the Ordinance in all other respects.
Sorensen agreed that there was no conflict in the Ordinance and did not see why
Sanders should not make that decision. He was concerned with the intent of the
Ordinance and said he would like to have the knowledge of the two people mentioned plus the
Mayor, and Nesbitt to see what they are trying to exclude. He added that since
Sander's tenure, they have not disapproved them but there have not been that many.
He also requested a publicized meeting and a report of letters from people that
have been talked to.
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• Swanson was concerned with the time schedule. Wedlund said they would publi-
cize meeting now, following notification procedure, to save time, but if de-
cided. otherwise by Sanders the meeting would be cancelled.
II. Continuation of hearinz of Appeal of G. T. Mork & Co.. Inc. for zoning variances
Wedlund turned over meeting at 8:30 PM for re-opening of hearing for the
continuation of variance from G. T. Mork & Co.
Sorensen inquired whether this building was intended to be an office-warehouse.
Sanders responded that it was to be 25% office, with the rest being warehouse,
with mezzanine across building for the purpose of adding more storage.
Sorensen commented that the reason he brought this up was because it has been
brought to his attention that buildings which were supposed to be office-warehouse
were converted to all office and now the parking is a real problem.
Discussion of change of building uses followed.
Wedlund asked for papers and information on changes. Mork presented thean9ex-
plaining that several changes were made such as reduced office space, increased
parking-a little over the City's requirement, and a change in loading setup so
there is more room for backing and loading of trucks. He added they are no longer
asking for variances for parking closer than 5 ft. to the bldg..
Sorensen questioned the loading trucks being angled and saw it differently in the
picture, and was concerned that it met the City of E.P. 's radius for truck turn-
around.
Mr. Bonner, speaking for the Prudential Life Insurance Co., again stated that it
was revealed to them that the parking spaces were not located on their land.
They have been trying to get the easement documented, but have not received the
easement from Mr. Reuben Anderegg.
The actual amount of this land used by Mork was estimated at. 80-85%. Mork commented
that he had to receive many easements before going ahead.
MOTION
C'ebulla moved to reject the request for variances because of conditions not met
as per Memo of September 23, 1975, with the addition of no. 8,"Given the fact
that approximately 20% of the area included in the calculation is not available
for use because developing this building also exceeds building confirmation in the
Ordinance. Sorensen seconded, and the Motion carried unanimously.
Sorensen moved to adjourn at 9:20 PM. Cebulla seconded, the motion carried.
Submitted by
Donna Stanley
Recording Secretary
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