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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 03/08/1984 APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, MARCH 8, 1984 7:30 PM, ADMINISTRATION BUILDING 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 and Dickey were absent. I. MINUTES A. Minutes of February 9, 1984, MOTION: Lynch moved, seconded by Anderson, to approve the minutes of February 9, 1984, Motion carried unanimously, II. ELECTION OF OFFICERS A. Chairman MOTION: Lynch moved, seconded by Anderson, to nominate Krueger for Chairman of the Board. Motion carried unanimously, B. Vice-Chairman MOTION: Anderson moved, seconded by Krueger to nominate Lynch for Vice-Chairman of the Board, Motion carried unanimously. C. Secretary MOTION: Lynch moved, seconded by Krueger to nominate Dickey for Secretary of the Board, Motion carried unanimously. III. VARIANCES A. Requast #84-11 , submitted by Fidelity Bank & Trust Company for property located between US 169, Shady Oak Road & Bryant Lake Drive. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subd. 3, to permit approximately 1200 Sq. ft. of an office to be used as a community meeting room resulting in 14 less parking stalls than required by Code. Gene Haberman, representing Fidelity Bank & Trust Comapny, presented his request to the Board. Plans of the proposed room were displayed. The facility will occupy the building built by James Refrigeration. This was approved in the Fall of 1982 by the Planning Commission and the City Council . Construction is planned to begin soon with formal. ground breaking March 22, 1984. The community room that is proposed would be available to businesses and non-profit groups. It would be located in the basement level Board of Appeals and Adjustments - 2 - March 8, 1984 which was previously planned for mechanical and storage. The meeting room will be 1200 square feet with a maximum of 100 • people. This requires 33 parking stalls which is 14 stalls under the code requirement of the City. To eliminate a parking problem, the room will be scheduled for useage after 5:00 PM weekdays and all day on week-ends. Wooddale Baptist Church (located across Bryant Lake Drive) has agreed to shared parking. There would be additional parking for church use on week-ends and evenings and church parking available to tenants of the new building during normal working hours. If the room is to be used during business hours (8:00-5:00 PM) , the person reserving it will be required to instruct attendees to park in the Wooddale Church lot across Prairie Lakes Drive. If it is found that the guide- lines are inadequate and no other solution exists, Fidelity agrees to terminate useage as a community room and return the space to storage/mechanical . Krueger inquired how many people it would hold. Haberman replied that it could hold 100 people, however, 75 people would probably be capacity. Haberman stated that the building has been inspected and meets building code requirements. Lynch questioned if there were any comments from the audience. There were none. • MOTION: Lynch made a motion to approve Variance Request #84-11 , submitted by Fidelity Bank & Trust Company with the following findings: 1 ) Arrangements have been made with Wooddale Baptist Church to share parking. If parking congestion occurs , Fidelity Bank & Trust Company must meet with City Staff and make the necessary changes to alleviate parking problems. 2) It is not harmful to the health and welfare of the citizens of Eden Prairie. 3) The variance must be utilized within one year. Krueger seconded the motion. Motion carried unanimously. B. Request #84-12, submitted by Edenvale Development Corporation for property located North of Valley View Road & 2 mile East of Mitchell Road. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subd. 2, to permit buildin construction within 22' of the front yi e uires 35 ) , permit garage construction within 11 ' of the front yard code requires 35' and to permit parking lot construction within • 11 ' of the front yard code requires 35 ). Board of Appeals and Adjustments - 3 - March 8, 1984 Bob Martinson, representative from the Kerr Companies, gave an • overview of the plan for Village Greens. Two neighborhood meetings were held to present the product to the neighbors, one in October 1983 and the other in January 1984. Each meeting had 20-25 people present out of 140 invitations sent. A traffic analysis was conducted during the study which examined the local site and studied similar traffic patterns. The housing type is condominiums, providing housing for singles, divorced people, first time buyers, retirees, moved down people and the new household group emerging, the "mingles". The base price range is $64,000 for a two bedroom, 22 bath, 960 square feet to $76,500 for a three bedroom., 22 bath 1350 square foot townhouse. Regard- ing the history of the project, in 1972, Mark Z. Jones planned a 212 unit apartment building. Jerry Pelletier purchased the pro- perty in 1983 and proposed a similar project with 213 units. Edenvale Development Corporation then purchased the property which will have 122 dwelling units. Plans of the site were displayed. There is a combination of public and private streets with the main entrance off of Valley View Road. The site has an average density of 9.5 dwelling units per acres. There are 266 parking stalls which is an average of 2. 18 stalls per dwelling unit. The parking arrangement includes 147 garages which is 1 .25 garages per dwelling unit. Twenty-five garages will be available for sale to the residents. Everyone will get one garage. Parking is not allowed in front of the garage. Parking is allowed across a driveway and in a curb setting, • lined up. The main public street has a 50' right-of-way, a 28' surface. The remainder of the private drives within the project will vary from 24-28' width and will meet the same specifications from a construction standpoint as a public road. Nearly 50% of the units have a golf course view and approximately 40 units have walk-out basements. All units have a private ex- terior entry. Krueger inquired what the neighbors were complaining about. Johnson stated that Mrs. Olson, 14298 Golf View Drive called and was concerned about the setbacks on Valley View Road and Golf View Drive. She was informed that the setbacks were for interior roads and the code requirements for a 35' setback is met along Golf View Drive and Valley View Road. MOTION: Anderson made a motion to approve Variance Request #84-12, submitted by Edenvale Development Corporation with the following findings: 1 ) The project has received Commission approval and is scheduled for Council review. 2) The variances are all within the interior of the project and were created by the road being made • public. Board of Appeals and Adjustments - 4 - March 8, 1984 3) The variance be utilized within one year of the date of approval . • Lynch seconded the motion with the following additions: 1 ) The letters from the concerned citizens do not seem to understand what is at hand. This is a higher quality project than previously proposed for the site. (Lower density, etc. ) 2) This will not be detrimental to the well being of the citizens of Eden Prairie. Motion carried unanimously. C. Request #84-13, submitted by Mr. Douglas Skanse for property located at 9650 Valley View Road & 7180 Washington Avenue South. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subd. 2 & 3 to permit the variances as outlined in attachments 1 & 2. Erland Ekberg, architect, representing Douglas Skanse, presented his request to the Board. Mr. Skanse is the owner of both lots and desires to construct a loading dock facility. This proposed construction would cross over the existing common lot line between the two parcels. The existing landscaping properly screens the parking lot. Skanse anticipates automation (robot assembliers) to further reduce the number of parking needed on Lot 2. • Anderson asked the name of the company. Eckberg replied that it was called the Douglas Corporation. Krueger inquired if it would be platted. Johnson stated that there would be a final plat. The Planning Commission has a preliminary plat hearing on March 12, 1984. Johnson added that recent inspection of the sites show that building "B" has 25-30% of its parking spaces vacant and building "A" is presently empty. Lynch commented that all variances are in existence at the present time. Johnson replied yes, except for the floor ratio. Krueger inquired if there were any questions or comments from the audience. There were none. MOTION: Krueger made a motion to approve Variance Request #84-13, submitted by Douglas Skanse with the following findings: 1 ) A number of the variances are already in existence. 2) There is no known problem with parking. 3) It is not detrimental to the welfare of the cit- izens of Eden Prairie or the Industrial Park. Board of Appeals and Adjustments - 5 - March 8, 1984 4) A final plat meeting with the approval of the City, including, but not limited to the nec • essary utility and access easements, right-of- way designation and vacation of unnecessary road easement, be submitted and approved within one year. 5) No change in building use or occupancy be per- mitted unless proof of parking is submitted to and approved by the City. 6) If parking congestion occurs, owner agrees to meet with City Staff to determine where and how many additional parking stalls can be striped. Lynch seconded the motion with the following addition: The requirement of the platting process will clarify the lot line and road situation. Motion carried unanimously. IV. OLD BUSINESS None • V. NEW BUSINESS Johnson commented on a letter that Roger Pauly, City Attorney, had sent out. This was regarding the Supreme Court finding the City of Mendota Heights ' denial of application to subdivide one lot into two lots. The Court found the denial of variances was not arbitrary or unreasonable. There was discussion regarding attendance at the Board of Appeals and Adjustments meetings. The Board concurred that if attendance does not improve perhaps there could be a request to the Council to expand the group. A letter or memo will be delivered to the Mayor by the Chairman. VI. ADJOURNMENT MOTION: Anderson moved, seconded by Krueger, to adjourn the meeting at 8:45 PM. Motion carried unanimously. Board of Appeals and Adjustments - 6 - March 8, 1984 ATTACHMENT 1 & 2 for "C", REQUEST #84-13. 1 ) Property at 7180 Washington Avenue South: UNPLATTED 12 116 22 BEG AT A PT IN E LINE OF NE 4 of NE 4 DIS 1102.62 FT S FROM NE CDR THOF TH N ALONG E LINE THOF 202.62 FT TH W PAR WITH N LINE THOF DIS 360.06 FT TH S 1 DEG 55 MIN 14 SEC E DIS 202.37 FT TH S 27 DEG 35 MIN 05 SEC E DIS 161 .14 FT TH N 62 DEG 24 MIN 55 SEC E TO BEG EX ROAD Variances requested are: 1 ) Parking on site of 61 stalls instead of the required 97 stalls, 2) Existing parking setback from one of the lots 2 front yards of 28,5 feet instead of the required 37.5 feet, 3) "0" lot line parking setback from the sideyard. 4) Construction of a common driveway on the property line. 2) Property at 9650 Valley View Road: UNPLATTED 12 116 22 COM AT A PT IN E LINE OF NE 4 OF NE 4 DIS 900 FT S FROM NE CDR THOF TH W PAR WITH N LINE THOF 360.06 FT TO ACTUAL PT OF BEG TH CONT W PAR WITH N LINE THOF 517.04 FT TH S 31 DEG 13 MIN 37 SEC E DIS 455. 13 FT TO NLY LINE OF CO RD NO 39 TH E ALONG SAID NLY LINE 244.94 FT TH N 62 DEG 24 MIN 55 SEC E DIS 130 FT TH N 27 DEG 35 MIN 05 SEC W DIS 161 .14 FT TH N 01 DEG 55 MIN 14 SEC W DIS 202.37 FT TO BEG SUBJECT TO ROAD Variances requested are: 1 ) Lot division resulting in a floor area ratio of 35%, code maximum is 30%. 2) Parking on site of 101 stalls instead of the 151 stalls required by Code. 3) Existing building setback of 301 , instead of the Code requirement of 75' . 4) "0" lot line parking setback from the sideyard. 10 5) Construction of a common driveway on the property line. 6) Existing parking setback of 16 feet from the front lot line.