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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 03/10/1983 APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, MARCH 10, 1983 7:30 PM, CITY HALL BOARD OF APPEALS MEMBERS: Chairman Ron Krueger, Richard Lynch, James Dickey, Roger Sandvick, and Hanley Anderson BOARD STAFF: Wayne Sanders, Building Official , and Lynda Diede, Recording Secretary ROLL CALL: Roger Sandvick was absent. I. MINUTES A. Minutes of February 10, 1983. MOTION: Lynch moved, seconded by Krueger, to approve the minutes of February 10, 1983. Motion carried unanimously. II. ELECTION OF OFFICERS MOTION: Dickey moved, seconded by Lynch, to nominate Krueger for Chairman of the Board. Motion carried unanimously. Krueger moved, seconded by Dickey, to nominate Lynch for Vice-Chairman of the Board. Motion carried unanimously. Krueger moved, seconded by Anderson, to nominate Dickey for Secretary of the Board. Motion carried unanimously. III. VARIANCES A. Re uest#83-02 submitted by Cherne Contracting Cor oration, for property located at (SEE ATTACHED SHEET, EXHIBIT A) . 1 A request for a variance from City Code, Chapter 11 , Subd. 2, to allow an office building to be built to a height of approximately 60' above the street instead of 30' as required by code. 2) City Code, Chapter 11 Subd 3 (h) to allow a hard surfaced parking lot for 298 cars instead of the 413 as required by the code. The remain- ing spaces will be hard surfaced when actually needed._ A. William Cherne, Jr. , Assistant to the President of Cherne Contracting, and Dave Johnson, Vice-President of Administration, spoke about the request. Cherne displayed plans of the project. Cherne stated that they are asking for a building height variance and a parking variance. The building height would actually be lower than Cabriole Center to the east. The proposed building will be the corporate office building. There are 120 employees, which includes branch offices in Denver and Louisville. Cherne pointed out that they plan to pave 298 stalls of an available total of 420-435; with more paved as needed. Board of Appeals and Adjustments -2- March 10, 1983 The building will house 360 people. It is approximately 90,000 • square feet. Krueger inquired if they were 12' lower than the street. Cherne replied yes. Lynch stated that he had no problem with the height of the building. He questions the parking situation as to why all the property should be paved that isn't needed. Perhaps the variance can be granted with a condition on it. Krueger asked if a condition was in the building permit or in the developer's agreement. Jean Johnson, Zoning Administrator, added that this is stated in the developer's agreement and a condition could be attached to the var- iance. Dickey had concern regarding the parking space. He asked Cherne if they could live with an amount over 300. Cherne felt that there was no need for putting in more. Their employee projection would take 10 years at 10% annual growth rate to get to 275 people. Dickey said he would like to see more pavement down, somewhere be- tween 325 and 340 stalls. Nelson asked for his reasoning and Dickey responded that the area will grow. Nelson stated that other buildings • may come in and they may not be the owners in the future. There is also no overflow parking. They are trying to compromise and balance it with an aesthetic look. From a corporate standpoint they are very sensitive to the massive blacktop look. Sanders inquired as to the type of drainage being used. Cherne replied that it has storm sewers. Sanders wondered if the parking were extend- ed at a later date if another storm sewer would be required. Cherne replied no. Sanders asked if blacktop could be added without adding a storm sewer. Nelson said yes, it is required by the Watershed District. Dickey feels that we should not set such a drastic precedent with this variance. Krueger stated that it will be put to grade with sod and would not be a hardship to expand and blacktop. Lynch feels a clause could be entered in the parking variance that gives the City the right to revoke a variance. Lynch added that the City has the right to demand the building be brought up to specifi- cation. There could be a change if they sell the building or decide to lease the space. Cherne stated that they were going to leave approximately two floors unfinished and roughed in. • Board of Appeals and Adjustments -3- March 10, 1983 MOTION: Lynch made a motion to approve Variance Request # 83-02, submitted by Cherne Contracting Corporation with the clause that the City of Eden Prairie will reserve the right to revoke the parking variance portion of it. Hanley seconded the motion. Motion carried with Dickey voting nay. They have one year to exercise the petition. B. Request #83-03, submitted by Milton 0 Quam for property locatpd at 18835 & 18837 Kristie Lane, Eden Prairie The request is for a var- iance from City Code, Section 11 .03. Subd 2, to allow a lot frontage, on a cul-de-sac, of 51 .25 Ft instead of the required _55' as e _ated in the City Code. Tom Berquist, of Sathre Berquist Inc. , spoke about the request. Berquist stated that the only hardship that is placed, is that the corner lot is 8' narrower and would reduce the size of the house that would fit on the lot. Krueger inquired if it were 13.5 zoning. Berquist replied yes , or even larger. Krueger asked what the distance across would be at the setback. Berquist said about 80' . Dickey inquired if they backed up to the outlot. Berquist said yes; they were replatted to get three or four additional lots in the plat. MOTION: Dickey made a motion to approve Variance Request #83-02, submitted by Milton 0. Quam. The amount of the variance is small , and there is no reason to impose a hardship on the builder. Lynch second- ed the motion. Motion carried unanimously. They have one year to exercise the petition. IV. OTHER BUSINESS Dickey stated that he had a problem with the parking variances that are being passed. He is concerned with development in the City; some integ- rity should be kept there. Jean Johnson, Zoning Administrator, was introduced. Johnson will be taking over the Board of Appeals , variances, sign ordinances and zoning ordinances. Hanley Anderson, new Board member, was also introduced. The Board expressed its thanks to Wayne Sanders, Building Official , for his years of service. V. ADJOURNMENT MOTION: Lynch moved, seconded by Dickey to adjourn the meeting at 8:20 PM. Motion carried unanimously. NO. 46-23235 EXHIBIT hS7R.ACT That part of Government Lot 6, Section 13, Township 116, Range 22 described as. follows: Cor:mencing at an intersection of the East line of Government Lot 6 with the Southerly line of sfway No. 494; thence West 11.0 feet; thence Southerly 250 feet to a point 14.7 feet West fro❑ d East line; thence South para llel llel with said East line to Southerly line of Government Lot 6; thence East to East line thereof; thence North to beginning, EXCEPT that part of Government Lot 6, described as follows: Beginning at the intersection of the southerly right-of-way line of former State Highway No. 5, now designated as I..est 78th Street, and the east line of said Government Lot 6; thence West along said Southerly right-of-wav line, a distance of 11 feet; thence South in a straight line to a point in a line draun 'parallel with and distant 250 feet south of said southerly right-of-way line, which point i- !Ist.int 14 . - feet west of the east line of said Government Lot A. measured aloe£ said ^arnllel line: thence Fast along, said paralle line to the east line of said co vernrTent- T,ot 6: thence North along said east line of Government Lot 6 to the point of beginning. GOVERNMENT LOT 7 ' ABSTRACT PORTION Description fr,-4-1 rt-rtificate of Survey dated February 20, 1980 and revised February 26, 1980, by Minnesota Valley ¢T:rvevorF anti Engineers. This descriotiun differs from Document 4S56471, tiled An* 15, 1980, in that it defines the Highway 'Title Documents 4?21072 and 1350870 for Highway 5 0cument 3360895 for Highway 494. and shows those lines on the survey. AND-oDGE=S-1.) ? � WEST NOS��L- -_ T.�i=CT-7 7 � r4T-4-�T-R T. �1: All that part of Government Lot 7, Section 13, Tow-nship 116, Range 22, lying South of the Soutl boundary line of Old State Highway No. 5 (as per Doc. No's. 4221072 and 1350870) , and lying West of the East 665 feet thereof, according to the United States Government Survey thereof, and situai In Hennepin County, Minnesota. EXCEPT that part of Government Lot 7, Section 13, Tow-nship 116, Range 22, described as follows: Beginning at the intersection of the southerly right-of-way line of former State Highway No. 5 (as per Doc. No's. 4221072 and 1350870) , now designated as West 78ti- Street, and the west line of Government Lot 7, thence East along said southerly right-of-way line, a distance of 89 feet, thence South in a straight line to a point in a line drawn parallel with an distant 250 feet south of sai,i southerly right-nf-w.av line, which point is 85.3 feet east of the west line of said r`•nvetn::Lk-r.• ' -r 7, r..easured along said parallel line; thence West along said parallel line to the wwest live of Government Lot 7, thence North along the west line of Government Lot 7 to the point of beginning. VF. ,"ZIENT LOT 7 f & PORTION CERTIFICATE NO. 600629 ;he West 50 feet of the East 665 feet of that part of Government Lot 7 , lying South of State ighway No. 5 in Section 13, To•_-nshin 116. Range 22. ubject to easements of record.