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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 09/08/1983 APPROVED MINUTES . BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, SEPTEMBER 8, 1983 7:30 PM, CITY HALL BOARD OF APPEALS MEMBERS: Chairman Ron Krueger, Richard Lynch, James Dickey, Roger Sandvick, and Hanley Anderson BOARD STAFF: Jean Johnson, Zoning Administrator, and Lynda Diede, Recording Secretary ROLL CALL: Anderson was absent. I. MINUTES A. Minutes of August 11 , 1983. Lynch moved, seconded by Krueger, to approve the minutes of August 11 , 1983. Motion carried unanimously. II. VARIANCES A. Request #83-26, submitted by Mr. & Mrs. Jerry Rodberg, for property located at 6517 Rowland Road. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subd. 2, to permit platting • of a 10 acre tract into two 5 acre tracts. The proposed east 5 acre tract has an existing home and the proposed west 5 acre tract_ will be considered for a house moving permit and will be addressed 6511 Rowland Road. This is continued from the July 14, 1983 meeting. This variance request is continued from the August 11 , 1983 meeting. Jerry Rodberg, 6517 Rowland Road, presented his request to the Board. In 1982, Hennepin County acquired his property for park purposes. He would like to divide an existing 10+ acre site which he pruchased from Donald Uherka, into two 5 acre lots and place his home on the west lot. He has until October 1985 to move the house. Lynch stated that he had concern about the economics in moving a house. Rodberg said that he was aware of the costs. Lynch noted that the preliminary plot proposal from the August 11 , 1983 meeting left a lot to be desired. Rodberg stated that he just wanted to show that the location wouldn't interfere in any profession- al platting of the property. Rodberg added that the property will be on a hill . There will be a walk-out, with the garage at the lower level . Lynch inquired if he had a landscaping plan. Rodberg said that • they have the option of moving trees and shrubs that are presently there. Board of Appeals and Adjustments - 2 - September 8, 1983 Lynch asked what the expected use of the house would be on the 5 . acre lot. Rodberg stated that the Uherka's would stay for 2 years. They have a lease agreement which extends until 1988. Lynch questioned if Rodberg anticipated renting the house. Rodberg said he would rent it out after remodelling and upgrading. Lynch inquired if he had a business operation out of his home. Rodberg stated that he was investigating alternatives. He was aware of the City's home occupation code. Dickey inquired if there were any neighbors present. There were none. Dickey asked why Rodberg didn't consider building a new home. Rodberg stated that they had constructed the home themselves and liked the plan. They felt that with additions they could make a better home. An ad- vantage is that they only have to move the house across the street. Rodberg felt that new construction would not be much cheaper. Lynch was concerned about the rental of the other 5 acre property. Historically, there have been businesses along Rowland Road and there could be a precedent set that is not acceptable to the City of Eden Prairie. Johnson added that bonds required for moving damages, landscaping, and bringing the house up to code, must be submitted to the building • department at the time that they apply for a permit. MOTION: Krueger made. a motion to approve Variance Request #83-26, submitted by Mr. & Mrs. Jerry Rodberg with the following findings : 1 ) Applicant must meet all conditions, i .e, deposits, permits, etc. prior to commencing any work related to moving the house and that the old site be cleared and restored as re- required. 2) There is no opposition from the neighbors. Two neighbors have stated that they have no objection to the action. 3) Erection of the house on the new site must meet all building code requirements. 4) Neither one of the 5 acre sites can be used for commercial enterprises. Sandvick seconded the motion. Motion carried unan- imously. Board of Appeals and Adjustments - 3 - September 8, 1983 B. Request #83-27, submitted by Baton Corporation, for property • located at the southwest corner of Franlo Road & Co. Rd. 1 . The request is for a variance from City Code, Chapter ,ll , Section 11 .03, Subd. 2. , to permit construction of underground garages within 18 feet of the front yard along Co. Rd. #1 30 feet required) and within 8 feet of the side yards 10 feet re- quired). This is continued from the July 14, 1983 meeting. Randy Zejdlik, representative of Baton Corporation, outlined his request to the Board. He displayed plans of the proposed project. Sandvick inquired is there would be a problem with ventilation. Johnson replied that all construction would be subject to build- ing codes. Krueger asked what the purpose of the garage extension was. Zejdlik stated that it was for additional parking, storage and shop area. Krueger noted that it slopes to County Road #1 . Zejdlik said yes, there is a 10' rise to County Road #1 . Dickey inquired if there were neighbors in the audience. There were none. MOTION, Sandvick made a motion to approve Variance Request • #83-27, submitted by Baton Corporation with the following findings: 1) It is an innovative idea. 2) The builders have utilized space without harming the health and welfare of the cit- izens of Eden Prairie. 3) There is no opposition from neighbors. 4) Construction is subject to meeting all building requirements. Lynch seconded the motion. Motion carried unanimously. They have one year to exercise the petition. C. Request #83-28, submitted by Robert D. Woodcock, for property located at 7591 Huron Place. The request is for a variance from City Code, Chapter 11 , Sec. 11 .03, Subd. 29 to permit construction of an attached garage within 10 feet of the side lot line instead of the required 15 feet. This variance request has been withdrawn. A letter of withdrawal was distributed to the Board members. • Board of Appeals and Adjustments 4 September 8, 1983 D. Request #83-29, submitted by Homart Development Company, for • property located at the Eden Prairie Center. The request is for a variance from City Code, Chapter 11 , Sec, 11 .30, Subd. 2, to permit construction of a Target store at a 22% floor area ratio instead of the 20% maximum allowed by Code. G. Dale Hamilton, project engineer for Suburban Engineering Inc. , presented the proposal for Homart Development Company. He in ro- duced Ed Siekus of Homart Development Company. Site plans of the proposed project were displayed. Approval for the site plan amendment was received from the City Council and Commission, contingent upon variance approval from the Board. Lynch inquired what is sacrificed when buildings cover a greater portion of the lot. Johnson replied that excessive coverage usually eliminates parking and landscape area. Dickey asked for comments from members of the audience. There were none. MOTION; _ Dickey made a motion to approve Variance Request #83-29, submitted by Homart Development Company with the following findings: 1 ) There was no one in opposition. 2) There is minor square footage involved. 3) 'There is no parking problem foreseen. 4) It is for the health and welfare of the City of Eden Prairie. Krueger seconded the motion. Motion carried unan- imously. They have one year to exercise the petition. E. Request #83-30, submitted by Ryan Construction Company for property located at City West Parkway. The request is for a variance from City Code, Chapter 11 , Sec 11 .03, Subd. 2, to permit construction of a deck within 12 feet of the rear lot line instead of the re- quired 20 foot setback. Jerry Junkman, project manager of Ryan Construction Company, out- lined his request to the Board. He is representing CRC (Creative Resources Center) Office Building at City West Parkway. He intro- duced Will Ahern of CRC. The building is a 20,000 square foot office studio for CRC. This was approved by the City Council. The wood deck requested would blend in with the area. Board of Appeals and Adjustments - 5 - September 8, 1983 Sandvick asked who the owner of the property next door was. �unkman • replied that ADI owns the property. Krueger inquired if there was a stairway coming down. Junkman replied that there is one stairway. Lynch questioned the status of the pond regarding shoreline manage- ment planning. Johnson said that of all the ponds in City West, only two are public wetlands. Lynch asked if there was a pathway around the lake. Junkman replied that there would be. Dickey inquired as to the height of the deck. Junkman said that it. was 11 ' off of the ground. There will be a 32' railing. Dickey was concerned if there was a problem with the fire code. Johnson stated that construction would have to meet .building codes. Krueger asked if it would always be an open deck. Junkman replied yes, as far as he knew. There was no one in the audience in opposition to the request. MOTION: Dickey made a motion to approve Variance Request #83-30, submitted by Ryan Construction Company with . the following findings : 1 ) The deck will add to the aesthetics of the building and the area. 2) Any access to the building from the outside will be reviewed. 3) The Fire Marshal shall be made aware of the variance. Lynch seconded the motion. Motion carried unanimously. They have one year to exercise the petition. F. Request #83-31 , submitted by Investment Services Groug for property located at the southeast corner of Flying Cloud Drive &_ McKinley Lane. The request is for a determination from the Board_ of Adjustments & Appeals on Chapter 11 , Sec. 11 .03, Subd. 2, D, that a proposed use within an industrial building is a supporting minor commercial use. Tony Feffer, president of Investment Services Group, reviewed his request to the Board. Their project consists of 27,000 square feet of office/warehouse development. A corporation wishes to take the whole site and build their corporate office warehouse. The site was redesigned to house a 21 ,000 square foot building. This is .165 FAR 0 (floor area ratio) which is well below 30% allowed by the City. Board of Appeals and Adjustments - 6 September 8, 1983 Investment Services Group would like to construct and use approx- imately 24% of an industrial building for commerial sales. This is based upon the buildings group floor area; the percentage is 33% of the first floor. Johnson stated that they are requesting the Board to allow 6,600 square feet of showroom be permitted. Under Section 11 .30, Sub- division 2, of the Eden Prairie City Code, letter "D" states that a permitted use would be allowed if it was found to be "supporting minor commerical uses as contained within office/industrial build ings providing a supplemental function to the major office and/or industrial use. " (Staff has utilized a 5% floor area as a guide for determining commercial to be a minor use. ) Feffer said that the company deals in home accessories and most business is transacted on a wholesale level . If allowed to use this facility there might be some retail trade, as the sign could be seen from the corner of #169 and Shady Oak Road. They would be required by City Code to have 82 car parks. Because of a mis- calculation, Investment Services Group provided 80 car parks. The two car parks can easily be provided for. The proposal is within the City's ordinances for permitted useage and parking requirements. Dickey inquired as to the type of retail and wholesale operation that will be going on. His concern was how busy the showroomltllill be. Feffer explained that it is a home lighting store. There are • three other locations around the twin cities. .The company employs 25 people. Sandvick asked what the name of the company was. Feffer stated that he preferred to keep it on a confidential basis until plans are made publicly. Dickey questioned how many customers could be expected at a peak area. Feffer responded that at peak showroom time there would be approx- imately 5 or 6 people browsing. Dickey inquired if they were mainly_ a retail operation. Feffer said yes; they will sell fixtures to general contractors and to the gen- eral public. Lynch wondered if there was concern that they would be short 15% for the number of parking spaces. Johnson stated that there is concern that the more commercial activity there is, the more parking that is needed. Krueger commented that 20% would give them adequate showroom area. Johnson added that the Staff recommends no more than 15%, which would be approximately 3,300 square feet. Dickey expressed concern for some orderliness in Eden Prairie park- ing lots. Surrounding suburbs have problems that we don't want to see happen in Eden Prairie. Board of Appeals and Adjustments - 7 - September 8, 1983 Dickey and Lynch supported no more than 15% of an industrial • building be used for minor supporting commercial . MOTION: Sandvick made a motion to approve Variance Request #83-31 , submitted by Investment Services Group with the following finding: No more than 15% of the total square footage of the building can be allowed for the showroom as related commerical . Dickey seconded the motion. Motion carried unan- imously. They have one year to exercise the petition. G. Request #83-32, submitted by Burger King for property located in . the southeast corner of TH 5 & Co. Rd. 4. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subd. 3, K, to permit construction of a Burger King restaurant with 38% wood on the exterior. . Dennis Trisler, site development engineer of Burger King Corporation, presented his request to the Board. Two of the four elevations of their proposed building violate the 25% maximum regarding wood cover- age. The removal of a parapet wall would be necessary to meet the requirements. Photos of the building were displayed. Lynch asked what the cost difference would be between brick and • wood. Trisler replied between $4-5,000. William Arockiasamy, 7561 Huron Place, inquired as to the significance of 38% as opposed to 25%. Krueger explained that no more than 25% wood is allowed. Arockiasamy asked if it were because of a fire hazard. Lynch responded no, it is because wood tends to deteriorate, whereas brick is more permanent. Dickey added that Eden Prairie has in its code to keep good maintenance and aesthetics factors. Krueger questioned the type of maintenance program. Trisler explained that it was rough sawn cedar, resistant to the elements , stained every three years with waterproofing. It is treated, fire retardant wood. MOTION: Sandvick made a motion to approve Variance Request #83-32, submitted by Burger King with the following findings: 1 ) The request is reasonable. 2) It will enhance the property and surrounding property of that location. Dickey seconded the motion. Motion carried unanimously. They have one year to exercise the petition. • Board of Appeals and Adjustments - 8 - September 8, 1983 H. Request #83-33, submitted by John Liepke for property located at 15208 Scenic Heights Road. The request is for a variance from City Code, Chapter 11 , Sec. 11 .03, Subd. 2, to permit construction of a deck structure within 5 feet of the lot line instead of the required 50 feet. John Liepke, 15208 Scenic Heights Road, reviewed his plans with the Board. His intention is to add a deck; the basic structure is al- ready up. It is 5' back from the property line. Sketches of the deck were displayed. Krueger noted that it would be basically a single level , three season porch. Liepke added that it would be a screened deck, not an addition; two levels. Bill Gilk, 15212 Scenic Heights Road, felt that 50' setback re- quirements for zoned rural- was too excessive. A setback of 15' would be more logical . There is still opposition on his part to a two story deck. A single floor deck, with no enclosure or roof is more favorable to him. Lynch inquired if the deck would obstruct his view or cause a hard- ship. Gilk replied no, but it is an unreasonable request to go up to a property line with a substantial structure. It is not compat- ible with the rural-type character of their area. • Raymond Rannow, 15210 Scenic Heights Road, stated that he is not opposed to the deck, but 5' is too close to the traffic. Lynch inquired what was beyond the property line. Liepke responded, grass and bushes. The deck sits 36" up from the ground, with a 42" hand railing. Bill Wokasch, 15214 Scenic Heights Road, stated that 5' back from the deck was dirt. There is no drainage off the road. This would be a hardship for the people getting out of the road. and the roof would add drainage to the road. Lynch stated that a 21 ' wide deck is an unusually large deck. Something should be achieved that isn't so disturbing to the residents of the area. Sandvick added that the term deck is a matter of interpretation. The size of the structure tends to persuade one it is an addition. There is concern for the 5' setback; it is an infringement upon surrounding property. Lynch suggested that Liepke revise his plans, deal with the opposition of the neighbors, and return next month. MOTION: Lynch made a motion to continue Variance Request #83-33, submitted by John Liepke, until the October 13, 1983 meeting.. Sandvick seconded the motion. Motion carried • unanimously. Board of Appeals and Adjustments - 9 - September 8, 1983 I. Request #83-34, submitted by Michael J. Scholl for property • located at Eden Prairie Road. The request is for a variance from City Code, Chapter 11 , Sec. 11 .03, Subd. 2, to allow the_ construction of a future single famliy structure upon a 1 .2 acre rura zoned site. Stephen Jacobs, attorney for Michael J. Scholl , reviewed his proposal . They are seeking a variance from the 10 acre building code in regards to the unplatted rural/residential parcels. They feel the code presents an undue hardship. The 1 .2 acres were purchased in 1963. If not granted, it would take the value of the property away. Only residential use is being asked for. Dean Edstrom, 10133 Eden Prairie Road, opposes the request with the following reasons : 1 ) The zoning that would apply to this is 5 acre minimum. The 10 acre minimum that was enacted in 1982 provided for grandfather rights, with respect to the 5 acres; 2) It is inconsistent with the objectives of the zoning ord- inances and purposes of the rural zone; 3) It is unfair to others who have built in recent years in the area; 4) Minimum frontage, and sideyard setbacks have not been addressed yet and they would have to be granted; 5) Compliance with the slope ordinance must be undertaken. There is danger of erosion; '6) The access off of Eden Prairie Road & Highway 169 is impossible. 7) It is a dangerous area with the curve on the hill ; 8) Re- garding city services, the costs would be impractical; 9) If • granted, total planning control would be lost; 10) Three neigh- bors, not present this evening, are also opposed to the request: Jack Provo, 10040 Eden Prairie Road, Ralph Nielsen, 10100 Eden Prairie Road, Richard J. Knight, 10065 Eden Prairie Road. Edstrom requested Scholl remove the "for sale" sign from Edstrom's property. Krueger inquired as to the grade of Eden Prairie Road. Johnson replied that it was between 15-20%. Jacobs felt that questions on slope, setbacks and frontage require- ments are best held for another day. Accommodations can be made for a special type of dwelling such as an energy efficiency home. Lynch pointed out that his case would have been enhanced if he had brought in a plan for the structure. Sandvick agreed. Michael Scholl , owner of the property, asked if a variance was out of the question if a plan was presented. Lynch stated that it was not out of the question. One must show details of location, con- struction, etc. Dickey remarked that the traffic problem would have to be dealt with. The City would have to approve a driveway location with the plan before it is brought to the Board. Board of Appeals and Adjustments - 10 - September 8, 1983 Jacobs stated that the reason for their presentation was to try to get a feeling from the Board what the options were. Unfortunotely, they do riot have a buyer for the property. Jacobs stated that they will withdraw their variance request. J. Request #83-35, submitted by Hoyt Development for property located south of West 74th Street and approximately 1 ,000 feet west of Washington Avenue. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subd. 2, to permit construction of an office warehouse building which exceeds the maximum floor area ratio permitted by 600 square feet. Bradley Hoyt, vice president of Hoyt Development, presented his proposal to the Board. They are requesting to construct an indust- rial warehouse building for Bachman's. The excess of 600 square feet is a function of grid sizes necessary for Bachman's racking system. The steel and materials necessary to erect the building are in the parking lot. It would be a hardship to change at this time. It was not noticed until last month that they were over the 30%. Krueger stated that it was about a 1% variance. There were no comments from the audience. MOTION: Sandvick made a motion to grant Variance Request #83-35, submitted by Hoyt Development with the following findings : 1 ) The request is reasonable and just. 2) It poses no hardship to the citizens of Eden Prairie. 3) Subject to a lot combination and approval of a building permit. Dickey seconded the motion. Motion carried unanimously. They have one year to exercise the petition. III. OLD BUSINESS None IV. NEW BUSINESS None V. ADJOURNMENT Sandvick moved, seconded by Lynch to adjourn the meeting at 9:45 PM. Motion carried unanimously.