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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 01/12/1984 APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, JANUARY 12, 1984 7:30 PM, SCHOOL BOARD ROOM BOARD OF APPEALS MEMBERS: Chairman Ron Krueger, Richard (Lynch, Roger Sandvick, James Dickey, and Hanley Anderson BOARD STAFF: Zoning Administrator Jean Johnson, and Recording Secretary, Lynda Diede ROLL CALL: Sandvick was absent. I. MINUTES A. Minutes of November 10, 1983. Dickey moved, seconded by Krueger, to approve the minutes of November 10, 1983. Motion carried unanimously. B. Minutes of December 8, 1983. Lynch moved, seconded by Anderson, to approve the minutes of December 8, 1983. Motion carried unanimously. II. VARIANCES A. Request #84-01 , submitted by John A. Turnbull , for property located at 10001 Dell Road The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subd. 2 and Section 11 .10, Subd 2, to permit platting of a lot 5+ acres in size. City Code requires parcels of not less than 10 acres. As neither the proponent or a representative were present, Lynch moved, seconded by Dickey, to continue the variance to the February 9, 1984 meeting. Motion carried unanimously. B. Request #84-02, submitted by Mr. & Mrs. Wedin for property located at 8278 Cypress Lane. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Section 2, to allow division of z of a duplex lot approximately 5,990 square feet in size instead of the required 65500 sq. ft. and an existing rear yard setback of 19.24 feet instead of the required 20 feet. Mr. Wedin, 8278 Cypress Lane, presented his request to the Board. The lot was divided by the Hennepin County Tax Department and assigned property identification numbers. The City was notified and asked if it met with munici}gal approval . The City Ehgineer advised them that it did not meet with approval because the lot is undersized. Lynch commented that this was not an uncommon situation with • duplexes. Board of Appeals and Adjustments - 2 - January 12, 1984 MOTION: Anderson made a motion to approve Variance Request #84-02, submitted by Mr. & Mrs. Wedin. Dickey seconded the motion. Motion carried unanimously. They have one year to exercise the petition. C. Request #84-03, submitted by Welsh Companies, Inc. for property located at 11000 West 78th Street. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subd. 2 & 3 H to permit construction of an office building 15 feet from one of the front lot lines instead of the required 35 feet, 44 feet in height in- stead of the 40' maximum, and to construct an entrance drive on the side lot line. E. Paul Dunn, representing Welsh Companies, Inc., addressed the proposal . Plans of the proposed project were displayed. It will be a three story, 45,000 foot, glass and brick office building. It will be four stories in one corner, as the site slopes down. The site is triangular shaped and difficult to work with. The proposed building is 40% preleased to a company from Edina. Lynch inquired if they were on the property line. Dunn stated that they were 20 feet from the property line. Johnson pointed out that it is considered three street setback areas because it is right of way on all sides of the property. It is unique in only a few sites in the City. A slightly smaller building could be built, but according to the proponent, the site • itself is a hardship. Krueger inquired as to what percentage of coverage they could have. Johnson replied 40% of the site for a multiple story building. Krueger noted that the site coverage is below the permitted coverage. Lynch questioned if the property was zoned for commercial . Johnson replied that the rezoning request has been reviewed by the Planning Commission and the Council . Krueger asked if the building would be basically the same as the adjacent existing Welsh building. Dunn stated that it would have the same brick and window coloration. Dickey inquired if there would be a problem with the Fire Marshal , Johnson said that no problems have been raised. MOTION: Lynch made a motion to approve Variance Request #84-03, submitted by Welsh Companies , Inc. Dickey seconded the motion. Motion carried unanimously. They have one year to exercise the petition. oard of Appeals and Adjustments - 3 - January 12, 1984 D. Request #84-04, submitted by Opus Corporation for Lee Data for property located 7075 Flying Cloud Drive. The request is for a variance from City Code, Section 11 .70, Subd. 4, F. , to permit a second wall identification sign. Said sign is proposed at 78.75 sq. ft. on the east elevation of the building_. John McKenzie, representing Opus Corporation, reviewed his proposal with the Board. Perry Johnson, Facilities Manager of Lee Data, was introduced. They propose to build a second wall identification sign on the east side of the Lee Data building. Dickey inquired as to how long they would be the sole tenants of the building. McKenzie said that Opus is a long term tenant. Dickey questioned if the sign would be equal to the original one. McKenzie replied that the only difference would be that it would be mounted above the accent strip. They will use dark color on the letters as opposed to light color on the west side. Dickey inquired if it would be illuminated. McKenzie replied that it would not be illuminated. MOTION: Dickey made a motion to approve Variance Request #84-04, submitted by Lee Data with the following findings: . 1 ) The sign be similar in color and material to the existing sign. Krueger seconded the motion. Motion carried unanimously. They have one year to exercise the petition. E. Request #84-05, submitted by Twin City Federal Savings & Loan for property located at 7445 Scott Terrace. The request is for a variance from City Code, Chapter 11 , Section 11 .03,_ Section 2, to allow division of 2 of a duplex lot approximately 6,207 square feet in size instead of the required 6,500 square feet. Scott Gates, realtor, representing Twin City Federal Savings & Loan,presented his request to the Board. The division has been administratively approved by the City as per the City Engineer. Technically, there is no requirement that a var- iance be applied for by the owner of substandard property, but when the property is sold, the problem may be picked up by a title company. There could be a potential title defect on the property. Dickey inquired if the bank would grant a loan. Gates replied that a lender could approve a loan. Once the administrative • split is completed and approved by the City Engineer, then it is split into two separate tax properties. The lender will oard of Appeals and Adjustments - 4 - January 12, 1984 employ a title company to do a title search on the property. • A title company could miss the fact that the property has a sub standard lot and approve the title work. Most purchase agreements are subject to the zoning laws in regard to the title. Gates suggested that the City revise its procedures in an attempt to alleviate lot size problems with duplex lots. The Board thanked Gates for his input and concurred that the process could be improved. MOTION: Dickey made a motion to approve Variance Request #84-05, submitted by Twin City Federal Savings & Loan with the following findings: 1) The request be completed within one year period of time. 2) The comments made by Mr. Gates are brought to the attention of Jean Johnson. Krueger seconded the motion. Motion carried unanimously. They have one year to exercise the petition. F. Request #84-06, submitted by A to Z Rental for property located at 12600 Plaza Drive. The request is for a variance from City Code, Chapter 11 , Section 11 .03, 3, to allow outside_ • fenced storage to exceed 10 percent of the floor area of the building. James Way, representing A to Z Rental , addressed the proposal . In December 1982, a variance was granted to put up a fence in the area east of the building. Menard's revised their plans and A to Z will have storage in the area north of the building now. A new variance is being asked for to allow the fence to be built in the spring of 1984,after the outside area has been graded and surfaced. The area allows better screening than the original plan. There are buildings on 40% of the area. Dickey inquired if there was to be a change in material . Way stated that the material would be the same material as Menard's fencing. A letter was received from Mary Prochaska, Vice President of Real Estate of Menard's, encouraging approval of the variance. MOTION: Anderson made a motion to approve Variance Request #84-06, submitted by A to Z Rental with the following findings: 1 ) Variance be utilized within one year. 2) Fencing of the same material and color as Menard's fencing be used. joard of Appeals and Adjustments - 5 - January 12, 1984 3) Fencing of sufficient height to screen all equipment from public roads be installed. Dickey seconded the motion. Motion carried unan- imously. They have one year to exercise the petition. III. OLD BUSINESS None IV. NEW BUSINESS The Board discussed development project variances which have had Commission and Council review. Johnson commented that the Board can assist the Council by passing along input. The Staff problem is the unnecessary delay for the developer. One approach is that the Council can elect to do var- iances or they can refer them to the Board of Appeals. Johnson stated that she would check with other communities and keep the Board updated. Lynch commented on his concern for fire walls. Johnson stated that any attached units with two separate living units have a fire wall from the ground level to the roof peak. V. ADJOURNMENT Anderson moved, seconded by Krueger, to adjourn the meeting at 8:15 PM. Motion carried unanimously.