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.
•