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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 11/13/1986 • APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, NOVEMBER 13, 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: Anderson and Dean were absent. I. MINUTES A. Minutes of October 9, 1986. MOTION: Lynch moved, seconded by Longman, to approve the minutes of October 9, 1986, Motion carried unanimously, II. VARIANCES • A. Request #86-50, submitted by T.J.H. Partnership for property located at 8220 Commonwealth Drive, The request is for a variance from City Code, Cha 'ter ll , Section ll .03, Subd, 3, K, to ermit a temporary exterior wall , for the proposed north elevation) , of 68.8% metal anel , Cit Code me quires 75% brick, glass or stone and a maximum of 25% metal trim in the Office Zoning District . Jerry Halmrast, representing T,J.H. Partnership, reviewed the request with the Board. A variance is requested for a period of five years to use "Panel 15" metal panel , a bronze colored aluminum clad plywood, instead of brick on the north wall . Site plans were displayed, Halmrast said that the reason for the exterior panel is to allow for future construction of the third phase without having to remove or cover a brick exterior wall , Halmrast stated that if there is not an additionrJ n the next five years , brick would be put on to meet Code requirements, Halmrast stated that the expense of brick would be $5,000-$6,000, whereas "panel 15 would be $1 ,200-$1 ,300. The construction of the third phase is programmed for completion by • 1992, Lynch stated that there appeared to be a potential parking problem Board of Appeals and Adjustments - 2 - November 13, 1986 with the third phase. Halmrast said that the proposed plan shows • more building than they can put on the site. An error was made in design, Krueger asked the status of the second and third phase, Durham said that the second phase as proposed, can be accommodated on the site, The third phase building addition and associated parking requirements as shown, would not be approved for this site. Phase three will con- sist of 10,128 square feet, which is too large for the site, Building and parking could not be accommodated on the site with that plan, Durham noted that Staff recommended an alternative to the panel which is a glass panel called "Spandrel Glass". Photos were displayed of the spandrel glass panel , Lynch felt that there was no hardship. Also, it is a problem trying to enforce something that might occur in five years. Lynch inquired about the 150% construction cost in a letter of credit. Durham said that the figure would be whatever the estimate was to complete the building with brick. Lynch asked what the total cost of the addition would be, Halmrast said that it would be $180,000, There were no comments from the audience, • Durham noted that the brick siding for Phase I should have been done in May. Plans to add another addition came into the City in September. Longman felt that it was a request of convenience and not a hardship. Durham said that it was an economic situation, Alternate methods or options that have acceptable exterior building materials could be used. Also, they do not want to set a precedent. Lynch felt that architecturally, T.J.H. Partnership could do a building expansion without a variance request. Arockiasamy said that there is a small amount of additional expense, There is a lot of uncertainty in the request. Halmrast did not feel that the future plan bears on the request, Lynch disagreed. Krueger said that he would feel more comfortable if the total site plan was in conformance with the ordinance. Longman felt that five years was an excessive period of time. MOTION: Lynch made a motion to deny Variance Request #86-50 submitted by T.J.H. Partnership with the following findings: • 1 ) The proponent did not demonstrate that there is a unique Board of Appeals and Adjustments - 3 - November 13, 1986 situation or hardship or that the property is unuseable • while conforming to the Code. Arockiasamy seconded the motion. Motion carried 4-0-1 . Krueger voted nay. B. Request #86-51 , submitted b Ashland Oil , Inc: for property located at 16425 Jest 78th street, The request is for a variance from City Code, Chapter 11 , Section 11 .03, to permit a e drivewa edg zero feet from the north side lot line and 5' from t south side lot line, (City Code requires a minimum of 10' from a side`lot line. Dan Tyson, attorney, representing Ashland Oil , Inc, spoke to the re- quest. David Kottke, traffic engineer for Barton-Aschman Associates , was also present, Tyson stated that Ashland Oil , Inc, would like to continue the request until the December 11 , 1986 meeting, Tyson stated that the request is for a variance for an opening at the rear of the existing Superamerica station. In 1984, Superamerica ex- panded its facilities, Access to the site was planned from County Road #4, State Highway #5 and Terrey Pine Court. Specific alignment of the driveway of Terrey Pine Court was not determined at the time of zoning approval due to inadequate road frontage on Terrey Pine Court. Superamerica had understood that access could be obtained • from the site known as Outlot A, Mitchell Lakes Estate, Second Addition, Tyson said that Superamerica has been working with the Engineering Department 1-12 years to get permission to build a driveway onto Terrey Pine Court. Superamerica has been in negotiations over the past several months with adjacent property owners to secure easements for installation on the Terrey Pine access, Tyson said that the opening is necessary because of the median strip which will be along County Road #4, This will prevent access for certain travelers to the Superamerica station if the access isn't provided to the Terrey Pine opening, George Hoff, attorney representing Dr, Alston Lundgren, inquired if the variance was being withdrawn, Tyson stated yes , for the time being, Tyson said that there was no urgency, as the opening could not be put in until next year, Also, Superamerica would like to discuss with neighbors questions on traffic safety. Tyson said that David Kottke had begun a preliminary traffic count to determine what type of traffic they would be looking at to make some determinations on traffic patterns of safety. Durham explained the difference between a continuance and a withdraw, A withdraw means that the proponent would come back to reapply at a • latter time, Tyson said that he would hope to resolve the matter by December 11 , 1986, Ashland Oil , Inc, would reapply for a variance request at another date. Board of Appeals and Adjustments - 4 November 13, 1986 Inquiry was made as to the owner of Outlot A. Tyson replied that • the owner was the City of Eden Prairie. Outlot A was dedicated for street purposes. Krueger suggested that the two parties meet and discuss the ssue. Dr. Alston Lundgren, 7800 Eden Prairie Road, stated that Sup ramerica is not a co-operative neighbor, Survey markers were bulldozed over and not returned. Tyson said that they would locate the markers. Lynch asked if Superamerica had seen the letters received by the City. Durham said no, but they would get copies. Lynch again asked the difference between a continuance and withdraw, Durham explained again. Tyson proposed that Superamerica meet with neighbors in the interim. Superamerica can also work with City Staff, Lynch suggested that Superamerica get the names of concerned neighbors. No motion was made by the Board, The item was withdrawn from the meeting with the understanding that Superamerica would apply for the variance at another date. Superamerica intends to prepare a traffic study and meet with the Terrey Pine neighborhood. • C. Request #86-52, submitted by Abdul H, Rajput for property located at 7265-7275 Stewart Drive, The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subd, 2, A, to permit a lot size of 5;533 square feet in a RM-6,5 zoning district, Cit C-Gde requires a minimum lot size of 6,000 square feet) . Tim Jacobs, representing Abdul H. Rajput, presented the request to the Board. The request is for a variance for an administrative land division, Mr. Rajput owns the property at 7265-7275 Stewart Drive, Rajput would like to split the property and create two separate deeds, The lot size for 7275 is 5,500 square feet and the City requires a minimum lot size of 6,000 square feet. Lynch inquired if MrzRajput is selling a unit. Jacobs said that both units will be sold, Krueger stated that this is not unique to the area. There were no comments from the audience, MOTION: Lynch made a motion to approve Variance Request #86-52, submitted by Abdul H. Rajput, with the following findings: 1 ) It is not unique to the duplex, Board of Appeals and Adjustments - 5 - November 13, 1986 2) This variance request must be utilized within one year, • Arockiasamy seconded the motion. Motion carried unanimously. D. Request #86-53, submitted by Ran Construction Company for property located at 7500 Flying CloudDrive, The request is for a variance from City Code, Chapter 11 , Section 11 .50, Subd, 7, B, to permit a structure 136 feet in height adjacent to a shoreland area (City Code maximum building height is 30 feet adjacent to shoreland area) . Bill McHale, vice president of Ryan Construction Company reviewed the request. The office ite is located in the Major Center Area which is an area of the City which anticipated building heights in excess of City Code maximums, rhe nine story structure is proposed to be constructed of 68% glass aid 32% aggregate, There were io comments from the audience. Durham notei that the 1984 site plan depicted a five-story, 200,000 square foot brick and glass office building, The structure was not built. McHale stat d that this structure incorporated more warehouse facility than office. . MOTION: Longman made a motion to approve Variance Request #86-53 submitted by Ryan Construction Company with the following finding: 1 ) This variance request must be utilized within one year, Lynch econded the motion, Motion carried unanimously, E. Request #86-54, submitted by Amoco Oil Company & Leroy Sign Inc, , for property located at 8820 Aztec Drive. The request is for a variance from City Code, Chapter 11 , Section 11 .70, Subd. 4, D, to permit one free standing pylon sign at 99.6 square feet, City Code maximum is 80 square feet) , Thomas Duffy, representing Amoco Oil Company and Leroy Sign Inc. , discussed the variance with the Board. Amoco requests the addition of a 5'6" by 616 "quad" pricing sign to the existing Amoco sign pedestal , The sign would be installed directly below the 6'x10' Amoco sign. This sign would eliminate clutter on the property. Longman inquired about the size of the temporary sign. Duffy said it was 36 square feet, the same size as the requested sign, • Duffy said that the smallest sign that Standard Oil has for their dealers is the 60"x100" torch sign. Board of Appeals and Adjustments - 6 - November 13, 1986 Krueger inquired how many square feet were in the "torch" sign and addition price sign. Durham said that it was 99.6 square feet, Photos were displayed. Durham noted that if the Board granted the variance with no conditions, Amoco could have two other signs on the site. MOTION: Arockiasamy made a motion to approve Variance Request #867.54, submitted by Amoco Oil Company and Leroy Signs, Inc. with the following findings : 1 ) Consolidating into one sign makes it more efficient and attractive, 2) One free-standing sign of 99.6 square feet be permitted (including price sign) . No additional free-standing signs for the site be permitted on Anderson Lakes Parkway, Aztec Drive, or Highway #169. 3) This variance request must be utilized within one year. Krueger seconded the motion. Motion carried unanimously. III, OLD BUSINESS There was none. • IV. NEW BUSINESS There was none. V. ADJOURNMENT MOTION: Lynch moved, seconded by Krueger, to adjourn the meeting at 8:30 PM. Motion carried unanimously.