HomeMy WebLinkAboutBoard of Adjustments and Appeals - 02/13/1986 1
,APPROVED MINUTES
• BOARD OF APPEALS AND ADJUSTMENTS
THURSDAY, FEBRUARY 13, 1986 7:30 p.m. , ADMINISTRATION
BLDG. , SCHOOL BOARD ROOM
8100 SCHOOL ROAD
BOARD OF APPEALS MEMBERS: Chairman Ron Krueger, Richard Lynch,
Roger Sandvick, James Dickey and
Hanley Anderson
BOARD STAFF: Assistant Planner, Steve Durham and
Recording Secretary, Lynda Diede
ROLL CALL: Dickey was absent.
I. MINUTES
A. Minutes of January 9, 1986,
MOTION: Lynch moved, seconded by Sandvick, to approve the minutes
of January 9, 1986. Motion carried unanimously.
II. VARIANCES
• A. Request #85-53, submitted by Prairie Village Apartments, Ltd.
Partnership, for property located at Wagner Way. The request
is for a variance from City Code, Chapter 11 , Section 11 .03,
Subdivision 3, H, 3, 1 To permit underground parking stalls
at 18' length Code requires 201 length) , 2 To permit curb
to curb width at 61 '
Robert Martinson, representing Prairie Village Apartments, Ltd.
Partnership, reviewed the request with the Board. Two, 56 unit
apartment buildings will be built on the site, one a market rate
family housing building, and the other a market rate project for
low and moderate income for the elderly. To make the elderly
building more affordable, they plan to downsize the parking length
required by City Code. The reduced square feet will be taken from
the parking garage and from the residential units located above
the garage.
Krueger asked if they were asking for 1 ' on either side, Martinson
replied yes, the width of the parking stall would remain the same.
Sandvick asked how many parking stalls there were. Durham replied
that it would be a total of 56, which is the number of units proposed,
Krueger asked if there were other variances on the outside parking
• stalls. Durham said no, because the variance request pertained
only to the parking stalls underground, Staff was not opposed to the
request. The maneuverability will not be hindered as the drive width
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Board of Appeals and Adjustments - 2 - February 13, 1986
i
will remain at 25 feet.
• Sandvick asked how the project will be financed. Martinson said that
there is use of tax increment financing and Community Development
Block Grant funds.
Krueger asked if there were any comments from the audience. There
were none.-
Sandvick asked if the reduced size of the stalls would make it
inconvenient and difficult for elderly people to drive into the
closed stalls. Martinson said no, the primary parking difficulty
is the width of the stall , and that is being maintained at 9' .
MOTION: Lynch made a motion to approve Variance Request
#85-539 submitted by Prairie Village Apartments, Ltd. Partner-
ship, with the following findings:
1 ) The project has been approved by the Planning Commission
and the City Council .
2) The City has approved tax increment financing for the
project.
3) Reduction in the parking size requirements will reduce
square feet of the building, therefore, cost of the
• building will be, reduced, making units affordable to low
and moderate income elderly persons.
4) Due to underground parking, there is no need for snow
removal and storage area. Reduction of 1 ' in a stall
length will not adversely affect parking maneuverability.
Sandvick felt that Staff will have to indicate to the Board
when there is City participation in the financing of a develop-
ment.
Anderson seconded the motion. Motion carried--4-0-1 . (Sandvick
abstained. )
B. Request #86-01 , submitted by Frank R. Cardarelle for property located
at 8110 Eden Road. The request is for a variance from City Code,
Chapter 11 , Section 11 .03, Subdivision 3, H, 4, e, to permit parking
at 6.86 stalls per 1000 square feet. Code requires 8 stalls per
1000 square feet in a Commercial Zoning District.
This variance request has been withdrawn.
C. Request #86-02, submitted by William Gilk for property located at
southeast quadrant of Village Woods Drive and View Lane. The re-
quest is for variances from City Code, Chapter 11 , Section 1 .50,
Subdivision 6, B, 1 , C, to permit platting of lots with public
• sewer and water abutting Recreational Development Waters with
the following variances:
Board of Appeals and Adjustments - 3 - February 13, 1986
1 ) Permit proposed Lot 2 with a minimum width at building line
• less than 120 feet. Code requires a minimum of 120 fee .)
2) Permit proposed Lots 1 , 2, and 3 with a minimum width at the
Ordinary High Water Mark less than 120 feet. Code requires
120 feet.
3) Permit voposed Lot 4 with a minimum setback from the Ordinary
High Water Mark of 45 feet. Code requires 100 feet.
William Gilk, proponent, addressed the proposal . The total property
being developed is 14 acres, of which 6 acres are workable. The
problems variances are associated with are the unusual site and lay
of the slope on the east side of the property and the proximity of
Red Rock Lake.
Lynch asked if there were only 4 lots on 6 acres. Gilk said that
there are 7 lots on 6 acres. They are large lots at 13/4 acres.
They may have to make a design change and propose a 63,000 square
foot lot.
Sandvick asked what the value of the homes would be. Gilk said that
they would be worth $250,000.
Anderson mentioned the possibility of locating the house on proposed
Lot 4, 65' from the Normal Ordinary High Water Mark. Durham said
that this alternative was mentioned in the Staff Report.
• Gilk noted that if you have a setback greater than the 50' , the
buildability of a lot size diminishes.
There were no comments from the audience.
MOTION: Anderson made a motion to approve Variance Request
#86-02, submitted by William Gilk with the following findings:
1 ) The variances requested are not directly related to open
water and are abutting .marsh land.
2) The Planning Commission approved the development proposed
on January 27, 1986.
3) All conditions set forth by the Planning Commission be made
part of the conditions granting Variance Request #86-02.
This includes creating a greater building setback on Lot 4
of 50' or greater.
4) The variance is granted contingent upon Red Rock Heights
III Addition receiving 2nd Reading at the City Council .
Sandvick seconded the motion. Motion carried--4-0-1 . (Krueger
abstained. )
•
Board of Appeals and Adjustments - 4 - February 13, 1986 `
D. Request #86-03, submitted by Welsh Construction Corporation for
• property located at 6285-6289 Indian Chief Road. The request; is
for a variance from Cit ^ Code, Chapter 11 , Section 11 .03, Subdiv-
ision 2, B, to permit construction of a building 45 feet in height
Code maximum for I-2 zoning is 40 feet), and Section 11 .50, Sub-
division 7, B, to permit construction of a building 45 feet in
height, Code permits 30 feet maximum).
Don Brauer, representing Welsh Construction Corporation, addressed
the proposal . The proposed use is for a solid waste processing
facility. The building has been lowered as much as possible, but
the equipment is. too tall to meet the 30' requirement. Berms will
be built to screen the parking and the building.
Sandvick asked if they could dig deeper. Brauer said that they
were too close to the water table. They must be 4' above the
stream (Nine Mile Creek).
Krueger inquired how much of the building would actually be 45' high.
Durham said that it would be 12% of the building.
Sandvick asked if the machinery would emit sounds easily heard
across the area. Brauer said that all machinery is inside. They
are controlled by State and City ordinances. They meet noise,
glare, and odor requirements.
Sandvick asked if particles from the chimney would be emitted. Brauer
• said no. The building has a negative air pressure. There is a bag
house that will be collecting dust and particles. This will be the
fourth waste processing facility in the state.
Lynch inquired about the screening of the pellet holding tanks. Brauer
said that the tanks would be made to appear that they are part of the
structure even though ,they are separate.
Durham asked if the tanks could be put inside the building. Brauer
said that there was not enough space inside the building.
Sandvick inquired about traffic. Brauer said that the City had re-
quested one access point, County Road #67. The entrance will be
divided with a gate controlling traffic.
Anderson asked where the gate would be. Brauer said that it would be
between the two berms that were being built.
Anderson inquired about the type of trucks used. Brauer said that
80-85% of the trucks would be semi-trucks. They will come from the
Minneapolis transfer station.
Krueger asked how much of the building would be seen. Durham said
that the building elevation would be 40' . The center portion of
• the building will be 45' .
Krueger stated that the building didn't look high. Brauer said
that is because of the berming. Very little of the building will
Board of Appeals and Adjustments - 5 - February 13, 1986
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• be evident. Durham stated that 10' of the building would be
visible. from adjacent roads. There will also be landscaping
on top of the berm.
Brauer noted that the top of the highest berm is 42' .
Sandvick asked if it would be natural vegetation on the berm.
Brauer said that it would be shrubs with mulch.
Sandvick inquired about the receiving pit. Brauer stated that the
trucks go into the building and dump refuse on the tipping floor.
Items that can not be processed are taken out and hauled to the
landfill
Sandvick asked if there would be. any noise. Brauer said that all
trucks will be inside the building.
Sandvick asked what the building would be constructed of. Brauer
said that it would be of pre-cast concrete slabs.
MOTION: Lynch made a motion to approve Variance Request
#86-03, submitted by Welsh Construction Corporation with the
following findings:
1 ) The pellet holding tanks located on exterior of building
shall be architecturally screened, utilizing exterior
• building material as the principal screening material .
2) Color sample of the building be submitted to the Planning
Department for review.
Sandvick seconded the motion. Motion carried--4-0-1 . (Krueger
abstained. )
E. Request #86-04, submitted by Weis Companies for property located at
northeast corner of Prairie Center Drive/Plaza Drive. The request
is for a variance from CityCode, Chapter 11 , Section. 11 .30, Subdiv-
ision 3, H, 4, 4, 1 To permit parking at 5.76 stalls per 1000
square feet, Code requires 8 stalls per 1000 square feet in a
Commercial Zoning District). 2 To permit one free standing area
identification sign at 189 square feet. Code permits a maximum
of 80 square feet.
Don Brauer, representing Weis Companies, reviewed the request with
the Board. The sign request has. been modified and is in accordance
with the recommendation of the Planning Commission for the 116 square
feet. They will continue the process on parking for trying to
acquire the access right-of-way from the State. There is an inter-
ceptor sewer which limits the area which can be used for landscape
screening and mounding. The project was redrawn with no setback
variances.
• Lynch asked what the potential was for acquiring the property from
the State. Brauer said that the potential is good, however, it will
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Board of Appeals and Adjustments - 6 - February 139 1986
take several months.
• Krueger noted that 90% of the retail centers in the area havo less
than 5.76 parking stalls per 1000 square feet. Durham said that the
City is proposing an ordinance change that would reduce parking for
Commercial down to 5.5 spaces per 1000 square feet.
There were -no comments from the audience.
Lynch asked if they,were planning on a sign of 116 square feet with
a rectangular box around it. Brauer said that they were not looking
at a rectangular shape.
MOTION: Krueger made a motion to approve Variance Request #86-04,
submitted by Weis Companies with the following findings:
1 ) The parking is consistent with what the Staff has recommended.
2) The one 116 square foot sign is a combination of the two
permitted 80 square foot sign and 36 square foot sign.
3) The project's size, total acreage, and building setbacks,
merit a larger sign in lieu of two smaller signs.
4) Should Lot l ever be subdivided in the future, the 116 square
foot sign must be removed and made to conform to Code maximum
• of 80 square feet.
5) Sign variances for Buildings B, C, and Perkins Restaurant
will not request variances from the Board as a trade-off for
increased sign area.
Sandvick seconded the motion. Motion carried unanimously.
F. Request#86-05, submitted by Investment Services Group for property
located at 12475 Plaza Drive. The request is for a variance from
City Code, Chapter 11 , Section 11 .70, Subdivision 3, K, 1 ) To
permit 5 temporary real estate signs for Factor Outlet Centre,
Code 'permits one sign per lot, parcel .-or structure , 2 Permit
one sign at 100 square feet, Code maximum permits 32 square feet) ,
and 3 Section 11 .70, Subdivision 3, X, to permit one double faced
sign with an angle of 90 between sign faces, Code maximum is 12
inches between facings.
Tony Feffer, president of Investment Services Group Inc. , reviewed
the request with the Board. They have taken over the Factory Outlet
Centre for lease and need signage to get exposure. They can live
with Staff recommendations for temporary signage at the Factory
Outlet Centre.
Lynch asked if they intend to utilize the large pylon sign visible
• from Highway #494 to market property. Feffer said no, however, it
may change depending on the tenants. The center will be renamed
Board of Appeals and Adjustments - 7 - February 13, 1986
"Eden Prairie Plaza".
• Feffer said that the signs will be standard 3'x10' signs except for
the sign along Highway #5 exit ramp. That sign is proposed to be
8'x10' .
Krueger asked if there were any comments from the audience. There
were none. -
MOTION: Lynch made a motion to approve Variance Request
#86-05 submitted by Investment Services Group Inc. with
the following findings:
1 ) Due to the size of the Factory Outlet Centre, the 16
acres that it occupies,and the three street frontages,
more than one temporary sign is appropriate.
2) The total square footage of signage be reduced from 320
square feet to 220 square feet.
3) No more than 3 signs be erected on the site.
4) No sign is to exceed 80 square feet.
5) Signs be permitted for 12 month period, at which time
applicant or owner must remove the temporary signs.
i6) Applicant must apply for sign permit.
7) Signed contract for Factory Outlet Centre wall signs be
completed and returned to the City of Eden Prairie fully
executed.
Sandvick seconded the motion. Motion carried unanimously.
G. Request #86-06, submitted by Jafvert, Mueller & Mundt Architects,
for property located at 625 Prairie Center Drive. The request is
for a variance from City Code, Chapter 11 , Section 11 .03, Subdiv-
ision 2, B, 1 To permit construction of live-in building addition
15 feet from front property yard line Code requires a 35 foot front
and setback), and 2 Section 11.03, Subdivision H, 5, d, to permit
arkin 10 feet from front andpropert line Code requires 17.5
feet front yard setback) .
Jerry Mundt, representing Jafvert, Mueller & Mundt Architects,
spoke to the request. Howard Wallen, president of Twin Cities
Christian Homes and owner of Castle Ridge Care Center and Jean
Mulder, administrator of the home, were introduced. The original
nursing home, historically, was designed and completed 3 years ago.
It is presently a 60 bed nursing home. It was designed for a 100
bed nursing home. When the home was designed, there was no mora-
torium on nursing home beds. The proposal was to have a wing for
40 additional beds. There is now a moratorium that prevents
owners from developing nursing homes. The reason came about
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Board of Appeals and Adjustments - 8 - February 13, 1986
• because the State and Federal government want to cut back onthe
amount Medicare and Medicaid goes to patients living in nursing.
homes. They prevented nursing homes from being built and proposed
alternative care in homes or in the community. There is a need for
intermediate care; live-in units, or assistant live-in units. (There
is no nursing care per se, but there .is someone on call . ) This housing
project would be attached to the existing home, but with its own
identity. There would be an apartment unit without a kitchen. All
meals would be brought in. There would be a living and dining room.
The apartments are designed as live-in units, but can be readily
converted to nursing home beds. It is designed as a 40 bed nursing
home wing as originally planned. The first concept will be the 21
unit efficiency apartment that will be converted into the 40 beds
(2 patients in one apartment). The style and design are the same
as CastleRidge Care Center. There is a unique situation in that it
is not a standard site. The road curves around. There are no other
buildings adjacent to it. The existing plan was done in 1982 and
went through the Planinng Department. , The existing wing does come
within 20' of the property. The design of the nursing home is
strictly regulated by public health (a room cannot be more than
120' away from a nursing station). The length of the wing cannot
be increased.
Krueger inquired about Castlemoor Drive. Durham said that originally,
it was not even proposed. There were going to be two lots there..
• Lynch asked who maintained the street. Durham said that it was a
public street. Castlemoor Drive is the access to the southern portion
of Highway #169.
C. E. Digby, 635 Prairie Center Drive, representing the Advisory
Board of CastleRidge Condominiums, felt that the plan sounded like
a dodge to get around the moratorium. He also had concern about
parking. Presently, the traffic that goes to the care center goes
through CastleRidge Condominium's gate. There is also confusion
with the names, CastleRidge Care Center and Castleridge Condominiums.
Krueger noted that the Board cannot address the traffic problems.
Durham said that the Code doesn't specifically address nursing homes.
The number of parking spaces is arrived at by the discretion of the
City Manager, Planner and the Developer.
Krueger asked how many additional stalls could be added. Mundt
said that there would be 15 stalls for 21 units.
Mundt said that they would discuss matters with the condominium
owners regarding signage and traffic.
MOTION: Lynch made a motion to approve Variance Request #86-06,
submitted by Jafvert, Mueller & Mundt Architects, with the
• following findings:
1 ) The original P.U.D. incorporated the nursing home expansion,
Board of Appeals and Adjustments - 9 - February 13, 1986
in which case building and parking setbacks meet Code. Due to
the construction of Castlemoor Drive, to service land south
of Castle Ridge, a unique building setback situation was
created, in which building and parking setbacks require
variances. This unique situation did not exist, prior to the
installation of Castlemoor Drive.
2) A landscape plan be submitted, prior to building permit issuance,
to screen the proposed 15 stall parking lot from Castlemoor
Drive, and plant material to lessen the impact of the building
mass.
Anderson seconded the motion. Motion carried--4-0-1 . (Sandvick
abstained. )
III. OLD BUSINESS
None
IV. NEW BUSINESS
None
V. ADJOURNMENT
MOTION: Anderson moved, seconded by Lynch, to adjourn the meeting at
9:00 PM. Motion carried unanimously.
•