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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 09/11/1986 APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, SEPTEMBER 11 , 1986 7:30 PM, ADMINISTRATION BLDG. , SCHOOL BOARD ROOM 8100 SCHOOL ROAD BOARD OF APPEALS MEMBERS: Chairman Ron Krueger, Richard Lynch, Roger Sandvick, Hanley Anderson, William Arockiasamy, Lyn Dean and Steve Longman BOARD STAFF: Assistant Planner, Steve Durham and Recording Secretary, Lynda Diede ROLL CALL: Sandvick, Anderson and Krueger were absent, I. MINUTES A. Arockiasamy moved, seconded by Longman, to approve the minutes of August 14, 1986, Motion carried unanimously. II. VARIANCES A. Request #86=34, submitted by Mark Charles &, Urban Unit Corporation for property located at 10220 County Road #18. The request is ,for a variance from City Code, Chapter ll , Section 11 70, Subd, 3, J, 4, to permit a temporary real estate sign 'for the Aut den- tial area to be located 70 feet from an exist1n2 residentia structure. ity Code requires 100' setback from a pre-existing residential structure. Mark Peterka, president of Mark Charles, presented the request to the Board.. The request is for an extension of a variance which has permitted the placement of a PUD development sign at the southwest corner of Pioneer Trail and County Road #18. Lynch inquired how much longer the sign would be needed, Peterka said that they would need it for one year. The Bluff Country PUD is another development with 230 single family homes proposed, That development will need a PUD sign approval . Lynch inquired about the existing sign being used again, Durham said that it would not be used again. However, it might be annro- priate for the developer to propose a PUD sign package to address additional signs through the PUD process, Variances will not be required each year for a site then. There were no comments from the audience, Lynch stated that there is an on-going sign problem with the Bluffs project, • Durham noted that this variance could set a precedent for other developers to come in and apply for variances to direct traffic to their development. Board of Appeals and Adjustments - 2 - September 11 , 1986 Photos were displayed. Lynch asked what the average price range of a home was. Peterka said that the townhouses ranged between $70,000-100,000. The single family homes ranged from $85,000-$140,000. Dean inquired as to the time limit of the original approval . ' Durham said that there was a two year time limit on PUD signs. The applicant requested that his sign remain and the landowner agreed. Longman stated that the sign was not offensive. MOTION: Longman made a motion to approve Variance Request #86-34, submitted by Mark Charles & Urban Unit Corporation with the following findings: 1 ) The sign is tasteful . 2) It is not overly large, 3) It will be for the betterment of the community. 4) This variance request must be utilized within one year. Dean seconded the motion, Motion carried unanimously, B. Request #86-38, submitted by Investment Services Group, Inc, for • property located at 6600 Washington Avenue. The request is for a variance from Cif Code, Chapter 11 , Section 11 .03, Subd, 2, B, 1 To permit construction of an office warehouse with a Floor Area Ratio of 30.7% (City Code maximum is 30%. 2 To ermit a front yard parking setback of 40 feet City Code requires 50 Tony Feffer, president of Investment Services Group, Inc. , reviewed the request with the Board. There had been approval by the Planning Commission and the City Council for the project, Between the lst and 2nd Reading of the City Council , in preparation for the final plat, it was called to the Engineer's attention that the County owned a piece of the land (3300 square feet), This threw off the F.A.R. and the front yard parking setback. Site plans were displayed, Lynch asked if there were problems in the original platting, Feffer said that between 12-15 years ago, the City put in a sewer line to the back of the property that was never recorded. The Engineering Department asked that the whole piece be platted and all the easements listed. Lynch asked how this problem had occurred. Durham said that the . ownership of the property should have been known at the preliminary plat time and during the title search. Board of Appeals and Adjustments - 3 - September 11 , 1986 Feffer said that the error wasn't caught in the title because it • is a newly created legal description. It was an unplatted piece. Longman questioned what the next step would be if the variance were not granted. Feffer said that the whole project would have to be redesigned and then reviewed by City Staff, It would createla hard- ship financially, There were no comments from the audience. MOTION: Arockiasamy made a motion to approve Variance Request #86-38 submitted by Investment Services Group, Inc, with the following findings: 1 ) The Floor Area Ratio does not create additional variances for building setbacks, 2) The ten parking stalls encroaching into the 50' front yard setback will be screened with plant material and a six foot berm. Dean seconded the motion, Motion carried 3-0-1 . Lynch abstained, C. Request #86-39, submitted by Prairie Lutheran Church for property located south of County Road #1 , ' north of Blossom Road and east of Bennett Place. `The request is for a variance from City Code, Chapter • 11 , 1 Section 11 :03, Subd, 3, K, to permit the construction of a church with wood as a primary exterior building material , City Code does not permit wood exterior building materials to excee 25% of a building's exterior) , 2 Section 1 .03, Su d. 2, B to permit a structure at`41 ' in height, Cit Code maximum hei ht is 30' , Roger Sjobeck, architect for Prairie Lutheran Church, presented the request to the Board, A model of the proposed church was displayed. Sjobeck stated that the neighborhood is residential in character and wood as a primary exterior building material (redwood or cedar) seemed appropriate. Sjobeck said that if they did not have a walk-out basement, the height of the structure would be 31 ' , Longman felt that the height request could be a factor of hardship for a church, Longman did not see a hardship in asking for a structure with wood as a primary exterior building material versus brick. Sjobeck said that some of the walls could adapt to masonry, • Sjobeck stated that Pax Christi got around the wood/masonry problem by having the roof come down to a height of 10 feet. Sjobeck noted that St. Andrew Church is all wood. i Board of Appeals and Adjustments - 4 - September 11 , 1986 Lynch said that he not comfortable with the wood request. The • long term maintenance factor is too great. Merrill Ronning, pastor of Prairie Lutheran Church, inquired if there was objection to the color of the wood. Lynch said no, the Board was concerned about the maintenance of the wood. There were no comments from the audience, Longman asked how the two different issues were to be dealt with, Durham stated that a portion of the variance could be approved or else the proponents might choose to come back with another design, There was discussion among the proponents regarding the exterior building materials. Lynch asked what the percentage of wood was planned for the structure at the beginning of the meeting and after their discussion, Sjobeck said that the percentage of wood planned at the beginning of the meeting was approximately 100% and after discussion was 35% wood. Sjobeck said that they could plan on 35% wood and 65% brick. MOTION: Longman made a motion to approve Variance Request #86-39 submitted by Prairie Lutheran Church with the following findings and conditions: 1 ) The height is not uncommon for a church structure, 2) 65% of the exterior building material shall be masonry, glass or other acceptable material , 3) 35% of the exterior building material shall be wood, 4) This variance request must be utilized within one year, Arockiasamy seconded the motion, Motion carried unanimously, D. Request #86-40, submitted by CSM Corporation for property located north of Timber Lake Drive, west of County Road #4, south of Terrey Pine Drive and 'east of Mitchell Lake. The request is for a variance from City Code, Chapter 11 , Section 11 .50, Subd. 7, B, to permit construction of a residential building 37' in hei ht Cit Code maximum building height adjacent to protected waters is 30' James Cooperman, architect, representing CSM Corporation, reviewed the request with the Board, Plans were displayed. The proposed complex is located within the Mitchell Lake PUD, The land use for the site is a medium density residential , A gable roof is requested which will blend in with the surrounding architecture. Durham noted that the property is zoned RM 2.5. A developer can come Board of Appeals and Adjustments - 5 - September 11 , 1986 in with a proposal for a building if it meets City Code. The building height is in excess of City Code regulating land uses adjacent to protected waters, Durham stated that when a property is already zoned it does not have to go through a public hearing process. Residents of the area voiced concern over traffic at County Road #4 and Highway #5 and zoning of the property. Lynch advised the residents to contact the City Council and Mayor to state their objections and concerns, Longman inquired about the access. Cooperman said that the proposed access is shared with North Bay of Timber Lakes Condominiums, Presently, there is a negotiation between Norw est Bank and the Townhouse Association, David Burton, 8012 Timber Lake Drive, president of the Board of Directors of the Townhouse Association, voiced his concern over the access to Outlot A. Burton stated that the development company (Norwest Bank) met September 9, 1986 with the Board of Directors and discussed how they could gain access to the road. Longman asked what the pitch of the roof was. Cooperman said that it was 4' to 12' pitch, Burton asked where the top of the roof of the proposed building is compared to the manor homes adjacent to it, Durham said that the top of the building was proposed at 877' , 'The elevations were not known of the manor homes, however. The proposed building is set into the ground 10' . Mark Weber, 7966 Timber Lake Drive, asked the Board to consider the landscape plan submitted, which included 250 caliper inches of landscaping, MOTION: Longman made a motion to approve Variance Request #86-40 submitted by CSL Corporation with the following findings: 1 ) The building be constructed according to the site plan and schematic landscape plan submitted with Variance Request #86-40, The development will reflect as minimum 83 overstory trees and 100 evergreen trees, totaling as a minimum 457 caliper inches. All parking shall be completely screened from Mitchell Lake and surrounding land use to the south. The total development is subject to review by the Planning Department and Engineering Department. Appropriate access must be resolved prior to issuance of building permit, 2) The gable roof is appropriate and adds a residential , sophisticated flavor. Board of Appeals and Adjustments - 6 - September 11 , 1986 3) This variance request must be exercised within one year. Dean seconded the motion. Motion carried unanimously. E. ` Request #86-41 , submitted by Rodney K, Dezeeow-' and Harlan Swanson for ro ert located at 17121 &`17141 South'-Shore Lane, T e request`is for a variance from City Co e, Chapter 11 , Section 11 ,03, Sind. 2, A, ' to permit the`ed e, of a driveway zero feet from a side lot line•, Cit Code re wires- t e edge of a driveway to be setback a minimum of 3" from a side`lot line , Steve Durham, assistant planner, presented the request to the Board, The existing driveway is located over Lot 1 and Lot 2 with an easement on file with Hennepin County to permit a driveway over a portion of Lot 1 , The residents do not object to the driveway easements. MOTION: Arockiasamy made a motion to approve Variance Request #86-41 submitted by Rodney K. Dezeeow and Harlan Swanson with the following findings: 1 ) A substantial hardship would be created if the request were denied. • Dean seconded the motion, Motion carried unanimously, III. OLD BUSINESS There was none. IV, NEW BUSINESS There was none. V. ADJOURNMENT MOTION: Arockiasamy moved, seconded by Lynch to adjourn the meeting at 8:55 PM, Motion carried unanimously. •