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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 04/12/1984 r i APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, APRIL 12, 1984 7:30 PM, ADMINISTRATION BLDG. 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: Lynch was absent. James Dickey introduced Chad Sykes , patrol leader of Boy Scout Troop #349. Chad introduced the members of the troop: Jim Dickey, Rodney Christenson, Roger Peck, Todd Dickey, Mike Tushie and Steve Tuttle. The group is working on their Communicative Merit Badge. I. MINUTES A. Minutes of March 8, 1984. MOTION: Anderson moved, seconded by Krueger, to approve the minutes of March 8, 1984. Dickey and Sandvick abstained. Motion • carried. II. VARIANCES A. Request #84-14, submitted by Vantage Properties for Southwest Crossing on property located at the northeast quadrant of I-494 & Prairie Center Drive, legally described as Lot 1 , Block 1 , Golden Strip 2nd Addition. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subd. 2, to permit construction of an office 94' in height 30' maximum , a floor area ratio of .8 .5 maximum ; and from Subd. 3, H. 3. , to permit the following: construction of 995 parking stalls 1 ,235 required) , allow 25% of the parkinq stalls to be striped for compact cars 7.5' x 16' 9' x 19' required) to construct re aining parkina ' stalls 18' in length (19' required) , to construct drvinq aisles 24' wide for surface arking and 22' wide for ramp structure ,pa 25' required) . Don Brauer, representing Condon Naegle for Vantage Properties, presented his request to the Board. The building site is located between Viking Drive and 494, at the intersection of 494 and Prairie Center Drive. Krueger pointed out that it has been approved by the Planning Commission. Brauer stated that the variances would have been accommodated in the Council approval , but they do not qualify to be a PUD because they • are not under 15 acres. Board of Appeals and Adjustments - 2 - April 12, 1984 Dickey inquired if the percent variance, the parking stalls, and the height of the building had been looked at. Johnson stated yes, by the Council and Planning Commission. Dickey asked if the landscape plan was submitted. Brauer said yes, suggestions were given by the Planning Department. Krueger inquired if there were any questions from the audience. Scott Anderson, ADI, asked if the house was coming down. Brauer pointed out that the house in question was not on this lot. Krueger questioned if each variance is looked at on its own merit. Johnson said that each variance is looked at individually. Similar variances, i .e. , parking, height, F.A.R have been approved in the City's Major Center Area consistent with the City's Guide Plan for this designated ' downtown' area. Each site is considered on its own merits and the project's specific use, parking needs, rideshare and surrounding uses, etc. are taken into account. The Council 's review of the variances occurred on April 3, 1984. MOTION: Dickey made a motion to approve Variance Request #84-14, submitted by Vantage Properties for Southwest Crossing as per the Council 's approval of April 3, 1984 with the following findings: 1 ) The variances have been thoroughly reviewed by Staff, Planning Commissions and finally by City Council . 2) Landscaping as per the Planning Director's approval • be installed to minimize the height of the building and mass of parking. 3) If in the future, Planning Staff judges additional parking spaces are needed, that the owner agrees to meet with Staff and construct the necessary parking stalls as per the Planning Director's recommendations. Sandvick seconded the motion. Motion carried unanimously. 'B. Request #84-15, submitted by James F. O'Neill & J.B. Swedenborg for property located in the City West Development. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subd.2, to permit construction of an office building 49' in hei ht 30' Code maximum and a 17' setback from one of the 3 front vards 35' Code requirement) , and from Subd 3 to permit construction of the drive entrance at the lot line. Leonard Lampert, architect, representing James O'Neill & J.B. Swedenborg, outlined his request to the Board. The project is located in the City West Development, east of City West Parkway. The office building is proposed for owners Jack Boss & Partners. The setback variance is based on preserving 24" and 36" diameter mature oak trees. Regarding the height variance, they are proposing three office floors and two parking levels below the office floors. To lessen overall height of the building there will be berming against the sides and proposed plantings. The Planning Commission has reviewed the plans and given Board of Appeals and Adjustments - 3 - April 12, 1984 suggestions as to landscaping changes prior to the City Council meeting. • Krueger inquired if the ordinance would ever be changed for height. Johnson replied variances would be applied for on specific instances. There hasn't been a desire to change the height for office for the entire City because a 30' maximum is more consistent with other districts when outside the Major Center Area, etc. Sandvick questioned if there would be a problem for the Fire Depart- ment. Johnson said no, the Fire Marshal reviews all projects, even before they get to the Planning Commission. MOTION: Krueger made a motion to approve Variance Request #84-15, submitted by James F. O'Neill & J.B. Sweden- borg, with the following findings: 1 ) Variances be subject to the Council 's final project approval . Dickey seconded the motion. Motion carried unanimously. C. Request #84-16, submitted by Thomas Hotel Company for property located at 8025 Eden Road. The request is for a variance from City Code,_ Chapter 11 , Section 11 .03, Subd. 2, to permit construction of a hotel with a floor area ratio of .458 .4 maximum) , a height of 53.6' 45 maximum, and to place the parking within 15 of the lot line 17.5 • required). And variances from Subd. 3, H. 3. , to permit 20% of the parking stalls to be striped as compact, and for a total parking stall count of 405 460 required). Herb Margolis, representing Thomas Hotel Company, presented his proposal to the Board. An extension of the variance is requested. The developer intends to utilize Industrial Revenue Bonds if at all possible. Congress is considering a tax bill limiting the amount of bonds available with a per-capita ceiling. Should Industrial Revenue Bond financing become unfeasible to fund construction, Security Pacific will handle financing. Johnson stated that the City Council considered an extension request on the Developer's Agreement on March 27, 1984. They did continue the agreement approval for 18 months. Krueger asked if there were any comments from the audience. There were none. MOTION: Sandvick made a motion to approve Variance Request #84-16, submitted by Thomas Hotel Company with the following findings : 1 ) There were no negative concerns raised. 2) The variance has been approved once before. • Dickey seconded the motion. Motion carried unanimously. Board of Appeals and Adjustments - 4 - April 12, 1984 D. Request #84-17, submitted by Viking Press for property located at 7000 Washington Avenue South. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subd. 2, to permit a floor area ratio coverage of 32% Code maximum is 30% . Daryl Fortier, representing Viking Press, addressed the proposal . The reason for the request is for expansion of their operation. The purchase of new, state-of-the-art web presses will require an increase in the size of the existing facility. He stated that parking on site has been more than adequate. Sandvick noted that 2% over the 30% maximum is a small margin. There were no comments from the audience. MOTION: Sandvick made a motion to approve Variance Request #84-17, submitted by Viking Press with the following findings: 1 ) If in the future, City Staff determines additional parking stalls are needed, owner agrees to construct the needed number of parking stalls. Krueger seconded the motion. Motion carried unanimously. E. Request #84-18, submitted by Mr. Wally Hustad for property located • at 10220 Co. Rd. 18. The request is for a variance from City Code, Chapter 11 , Section 11 .70, Subd. 3, to permit a temporary real estate sign for the Bluffs East residential area to be located 70 feet from an existing residential structure 100 feet minimum required and 7 feet from the right-of-way of Co. Rd. 18 10 foot minimum re uired . MOTION: Sandvick made a motion to continue Variance Request #84-11 , submitted by Mr. Wally Hustad with the following findings: 1 ) Due to the absense of the proponent, the variance will be continued until the next meeting, May 10, 1984. 2) The City of Eden Prairie should enforce the Code as needed on the illegal signs. Dickey seconded the motion. Motion carried unanimously. F. Request #84-19, submitted by David L. Brown for property located at the Northwest corner of US 169 & Eden Prairie Road. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subd. 2, to permit construction of a single family residence upon an existing 3.2 acre Rural zoned lot. Mr. David Brown, proponent, reviewed his request with the Board. He proposes to construct a single family home on a 3.2 acre lot. In 1982, Board of Appeals and Adjustments - 5 - April 12, 1984 the City instigated a 10 acre minimum lot size for the Rural District and this lot is undersized. Dickey inquired if the property was on a contingency or full ownership basis. Brown stated that he has full ownership of the property. It was purchased in 1977. Krueger noted that the City had a 5 acre minimum lot size at the time of purchase. Loren Wuttke, 16860 Flying Cloud Drive, the former Norberg estate, had questions on surveying done on his lot. Don Sorensen, attorney representing Mr. & Mrs. Dean Edstrom, pointed out that the land in question is actually not a lot. It is a parcel that was subdivided or divided. The original acquisition was in 1977, but the deed was paid off in 1980. Ralph Nielson, 10100 Eden Prairie Road, read a letter opposing con- struction of the house. He owns 4. 5 acres and has lived at his present address ll+ years. (See attached) . Mrs. Dean Edstrom, 10133 Eden Prairie Road, read a petition signed by residents: Dean Edstrom, Karen Edstrom, Patty Nielson, Ralph Nielson, Jack Provo, Claudia Bearman, Bill Bearman, Donna Knight and Richard Knight. They feel that granting the request would be inconsistent with the purposes of the ordinance. It would create pressures for unfettered development of the southwest portion of Eden Prairie contrary to the best interests of the City as a whole. Sources of water for existing residents would also be endangered. Property values would be reduced. Edstrom expressed concern of the inherent danger of constructing another driveway on the curve and slope of Eden Prairie Road. There could also be overcrowding for the septic and water systems in Eden Prairie if more people are allowed to build in the area. (See attached) . Sorensen stated that Dean Edstrom had prepared written information pertaining to the request. Edstrom was unable to attend the meeting, but Sorensen reviewed the concerns. (The information had been forgotten. ) Sorensen displayed a half section map of the area. He pointed out that there is a 90' elevation drop in a distance of 400' on Eden Prairie Road. The road is a distinct safety hazard. The insta- bility of the soil was noted. In the studies done, the soils show a very high percolation rate which increases the probability of pollution in wells, lakes and streams. These considerations of public health and saftey demand attention. Sorensen inquired if an attorney rendered a title opinion for Brown in 1977 which stated that the use of land was controlled by local ordinances. Brown stated that a title was written, Is but he was not certain of the land usage statement. Board of Appeals and Adjustments - 6 - April 12, 1984 Sorensen noted that an existence of a tract, parcel or division of land doesn't connote that there is a buildable situation. He question- ed the City's authority to grant a building permit as it is contrary to the use of the ordinance. Krueger suggested that Brown table his request and guidelines can be obtained from the City Attorney. Dickey added that Brown has a right to do something with his property. Sandvick stated that Brown needed legal opinions of his title and did not bring them. Brown inquired as to what his options were. Krueger stated that he could table his request until next month. The Staff could be directed to formulate findings and check with the City Attorney. MOTION: Sandvick made a motion to table Variance Request #84-19, submitted by David L. Brown until the next meeting, May 10, 1984 so . further information and advice from the City of Eden Prairie and the City Attorney can be ob- tained. Krueger seconded the motion. Motion carried unanimously. III. OLD BUSINESS • None IV. NEW BUSINESS None V. ADJOURNMENT MOTION: Sandvick moved, seconded by Anderson, to adjourn the meeting at 9:05 PM. Motion carried unanimously. •