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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 11/10/1983 (APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, NOVEMBER 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: Zoning Administrator Jean Johnson, and Lynda Diede, Recording Secretary ROLL CALL: Sandvick and Lynch were absent. I. MINUTES A. Minutes of October 13, 1983. Dickey moved, seconded by Anderson, to approve the minutes of October 13, 1983. Motion carried unanimously. II. VARIANCES A. Request#83-38, submitted by Marc Crevier for property located at 10965 Fieldcrest Road. The request is for a variance from City Code, Chapter 11 , Sec 11 .03, Subd. 2, to permit construct- ion of an accessory structure 10' x 10' on the lot line. This variance request is continued from the October 13, 1983 meeting in order to allow proponent to meet with the Preserve Review Committee. Marc Crevier, 10965 Fieldcrest Road, explained to the Board that he had called Dale Wenkus, Chairman of the Design Review Committee and talked to Bob Dunbar, President, and Jack Darling, Vice President of the Association. Wenkus sent a letter to the Board, not recommending that the variance be granted. Darling felt that that there could have been a misunderstanding whether Crevier should have had a written permission for the spot location. President Dunbar said that there was confusion at the City offices on whether Crevier needed written permission to have the site located. The by-laws state that a written permission is necessary, so Crevier was in violation. Crevier was informed by the Building Department that a permit was not needed for a 10' x 10' accessory buildiing, only that it be 10' from the property line and be in the backyard. The shed is 2/3 completed. Krueger inquired why the shed was not put on the other corner of the lot. Crevier replied that he had a pool in that area. Krueger asked how far the pool was from the structure. Crevier said that it was close to 30' away from the structure. Board of Appeals and Adjustments - 2 - November 11 , 1983 Krueger inquired if Crevier had talked to the contractor. Crevier . replied that he was told that it would be virtually impossible to move the concrete slab. Krueger wondered if Crevier could excavate a new pad area that is 4" lower on one end than the other and set the pad on it. Crevier remarked that he had a large rock garden that would have to be moved. Dickey pointed out that Crevier is to be given credit for his out- standing yard improvements with the exception of his shed. Dickey asked if Crevier had received permission for the pedestals with lights in the front yard. Crevier replied, no. Dickey asked if the pad would be broken up or moved. Crevier stated that he would break it up. MOTION: Dickey made a motion to deny Variance Request #83-38, submitted by Marc Crevier, with the following findings : 1 ) Structure is at the right-of-way line. 2) Structure projects into a traffic sight line area. 3) Structure could be relocated to rear yard. • 4) Written approval was not obtained from the Preserve Association Design Review Committee. ' 5) If landscaping was done to cover the shed, it would have to be placed on City property. Dickey commented that everything Creiver has done has been in good taste with trying to improve his property. Anderson seconded the motion. Motion carried unanimously. B. Request #83-39, submitted by James Refrigeration Company for property located south of Shady Oak Road and east of Bryant Lake Drive The request is for a variance from City Code, Chapter 11 , Sec. 11 .03, Subd. 2, to allow the following: Construction of an office building 70' in- height 40' above the 30' maximum)—, construction of parking within 5' of one of the property's front yards and a parking structure within 17.5' on one of the front yards. Charles James, Vice President of James Refrigeration Company, presented his request to the Board. Maps were displayed that showed the area in relationship to the neighborhood. The parcel is 2.16 acres. The biggest constraint is the shape of the site and how it fits into the surrounding road network. Models were displayed to show how parking would fit into the site. There is an enormous amount of money put into the ramp as it is $3,000 a Board of Appeals and Adjustments - 3 - November 11 , 1983 stall , with parking for 223 cars. The top deck of the ramp is level with the road and will fit in with the site. Requested variances are for construction of parking spaces with 5' of Bryant Lake Drive, construction of a parking ramp structure within 17. 5' of Bryant Lake Drive and US 169 ramp right-of- ways, and a building height of 70' (30' code requirement) . The expense of the ramp would be $600,000 for the parking structure, as opposed to surface parking of $200 a stall. They are paying 15 times what surface parking would cost. Therefore, they must maximize the square footage in the building to have a balance between the economic space in the building and the related cost of the project. Krueger inquired if the building at City West would be more than three stories. Johnson replied that the office building that will flank Shady Oak Road will be no higher than three stories; others may be higher. James noted that no mechanical equipment.will sit on the roof. Dickey asked if the Fire Department could have a problem reaching the building. Johnson said that the Fire Department truck could reach the top of the building. Dickey inquired if it were a pole building. James answered that it had a steel frame with concrete planking. The exterior will be • brick. Dickey questioned if the Planning Department had approved the plans. Johnson commented that site plan approval *has been granted, contingent upon the variances. Dickey inquired if this appeared to be the right plan ,as_far._as . enhancing the City. Johnson noted that it will be consistent with the surrounding development, the Wooddale Baptist Church, the City West, Lee Data and other new corporations in this part of the City. Dickey asked if the shared parking with the church would work. James replied that it is part of their submission to the City and they agree to share when necessary. MOTION: Anderson made a motion to approve Variance Request #83-39, submitted by James Refrigeration with the following findings; 1 ) Project has been approved and found consistent with City development. _. 2) Landscaping will be done as per Code and Staff approval . 40 Dickey added that $58,000 worth of landscape is Board of Appeals and Adjustments - 4 - November 11 , 1983 being planned with a reputable company. Dickey • seconded the motion. Motion carried unanimously. They have one year to exercise the petition. C. Request #83-40, submitted by Glen Schaufler for property, located at 6965 Mariann Drive, legally described as Lot 3, Block 2, Forest Knolls. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subd. 2, to permit construction of a garage addition 10' from the side lot line instead of the required 15' . Glen Schaufler, 6965 Mariann Drive, reviewed his proposal with the Board. Photographs were displayed of his yard. A garage addition is requested for additional storage area. There is no area for storage in the back of the house as there is a steep grade there.. There are no objections from the neighbors. MOTION: Anderson made a motion to approve Variance Request #83-40, submitted by Glen Schaufler. Dickey seconded the motion. Motion carried unanimously. They have one year to exercise the petition. D. Request #83-41 , submitted by E. A. Sween Company for property located at 16107 West 78th Street. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subd. 3, J. Outside • Storage & Displays, l . , to permit outside parking of vehicles over /4 ton necessary to the operation of the principal use to be stored and parked in the parking lot. George Hoff, Attorney representing E. A. Sween Company, outlined his request to the Board. Approval has been granted by the City Commissions and City Council for the landscaping. The site plan for the area was displayed. Spruce and pine trees 10-14' in height will be planted. The.area will be bermed and screened from Highway #5. Fencing of 6' in height will be put in. Krueger inquired where the parking for the trucks would be. Hoff stated that the trucks are in a constant stage of transit. A few will be parked for maintenance. Dickey asked if the City felt that the screening was sufficient. Johnson stated that the Planning Director and the Landscape Architect have reviewed the plan and looked at the site lines. With the existing pine trees (20) plus an additional 19, they will effectively screen the area. Besides providing screening, there will also be a noise buffer. Dickey inquired if there was any problem if the parking area for E. A. Sween is confined to the northwest corner. This was supported in a letter from Birchwood Labratories. Hoff stated that there would be a problem. Johnson commented that the Staff did look at the northwest corner and it is inappropriate from their viewpoint. It puts the parking closer to a commercial use (future Burger King) Board of Appeals and Adjustments - 5 - November 11 , 1983 and it would be visible from County Road #4 and more difficult to screen. • MOTION: Dickey made a motion to approve Variance Requ' st #83-41 , submitted by E. A. Sween Company with the following findings: 1 ) Parking occur in the area reviewed by Ci4 Commissions and Council and berming and landscape work be complete within one year. 2) If additional plant material or berms are found necessary by the City Landscape Architect, that E. A. Sween install additional mater al as requested by the Landscape Architect. III. OLD BUSINESS None IV. NEW BUSINESS Johnson referred the Board to the draft memo to the Mayor a d City Council regarding the number of variances that the Board se s that the Council has also reviewed. It is almost one half of th agenda. The Council could direct Staff to modify some code items so that items that have already been through the Council and Commissions • do not need to go also to the Board. Johnson noted that December will be the last meeting in the Council Chambers for the Board of Appeals. The Council Chambers will be used as office spaces in January, so the Lunch Room may be the new meeting area. V. ADJOURNMENT Dickey moved, seconded by Anderson, to adjourn the meeting at 8:30 PM. Motion carried unanimously.