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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 10/09/1986 APPROVED MINUTES • BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, OCTOBER 9, 1986 7:30 PM, ADMINISTRATION BLDG. , ROOM 205 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, Arockiasamy and Dean were absent. I. MINUTES A. Minutes of September 11 , 1986, MOTION: Lynch moved, seconded by Longman, to approve the minutes of September 11 , 1986. Motion carried, Sandvick and Krueger abstained. II. VARIANCES • A. Request #86-42, submitted by Pemtom Company for property located south and east of Mitchell Lake and west of Timber Lakes Drive, The request is for a variance from City Code, Chapter ll , ection 11 ,50, Subd. 6, A, entitled Natural Waters: 1 ) To permit proposed single family lots 6-14, Block 1 , adjacent to Mitchell Lake with the following lot sizes: Lot 6, 39,000 sq. ft. ; Lot 7, 31 ,500 sq.ft. ; Lot 8, 36,038 sq. ft. ; Lot 9, 27,525 sq. ft, ; Lot 10, 21 ,025 sq, ft. ; Lot 11 , 22,613 sq. ft. ; Lot 12, 23,013 sq, ft, ; Lot 13, 25,150 sq. ft. ; Lot 14, 26,375 sq. ft. ; (City Code requires 40,000 sq. ft. minimum) . 2) To permit proposed single family lots 6-14, Block 1 , with a minimum width at the building line less than 150 feet. (City Code requires 150' as a minimum, ) 3) To permit proposed single family lots 6-14, Block 1 , with a minimum lot width at the Ordinary High Water Mark less than 1501 . (City Code requires 150' as a minimum. ) 4) To permit proposed Lot 14 with a minimum building setback from the Ordinary High Water Mark of 65' . (City Code requires 150' . ) Daniel Herbst, president of Pemtom Company, addressed the request. The property under consideration is proposed for R1-13.5 zoning, It I Board of Appeals and Adjustments - 2 - October 9, 1986 is currently zoned for townhouses, Rm-6.15. The site was originally zoned for 60 townhouses. A zoning change is requested to R1-13.5 for platting of 24 single family lots and one outlot. Mitchell Lake is classified as Natural Environment Waters which is subject to the Shoreland Management portion of the City Code. Twenty-five of the previously proposed townhouses were in the 150' setback requirement of the shoreline management area from the 100 year flood. There is an existing pond that was built for storm sewer retention by the previous developer who developed the 1st and 2nd addition of the townhouses, There is an existing sanitary and storm sewer line, The proposed road servicing the developments works its way through the property to create enough setback require- ments for each of the homes to be 30` back from the front property line,to provide adequate distance from the pond and to keep rear lot setbacks from the lake at a maximum. The Shoreline Management is intended to try to minimize the amount of building mass on the lake. There is 1600' of frontage., 330' will be set aside for an outlot. Nine lots will be platted directly on the lake. Herbst said that if every home was built to its maximum length it would be about 900' . The balance of the lots will have access through an association to the outlot, 1 ,1 acres of concrete sidewalk is proposed with a bit- uminous path to the lake. The lots not directly on the lake will have access to a private dock, storage and picnic area. Herbst noted that density is reduced from 60-24 units per acre, Lynch inquired if the reduction of the lot wouldn't take out all of the small sized lots (under 40,000 square feet) , Herbst said that the value of developing the property is on the lake front, Every lot is needed on the lake to make the numbers work on the site. Krueger asked the width of the lots at the setback line. Durham said that the average was 124, Lynch noted that the minimum lot size is 40,000 square feet, which is a large lot, Herbst said that the average lot size will be 19,000 square feet, The average lot size on the lake will be 27,000 square feet, There were no comments from the audience. Longman asked if the decision to go with single family homes was because of the Code requirements;. Herbst said that from a market- ing point of view, the parcel would have enough approved and existing townhouses on the marketplace, Herbst said that the neighbors are in favor of the site. Board of Appeals and Adjustments - 3 - October 9, 1986 MOTION: Lynch made a motion to approve Variance Request #86-42, submitted by Pemtom Company with the following if findings: 1 ) Change the variance request to read, "To permit proposed Lot 14 with a minimum building setback from the Ordinary High Water Mark of 75' (City Code requires 150' ) . 2) It has been approved by the Council , Planning and Park and Recreation Commissions. 3) It is a less intense land use, 4) This variance request must be utilized within one year. Sandvick seconded the motion. Motion carried unanimously. B. Request #86-43, submitted by Vantage Propertfes, Inc, for property located at 7905 Golden Triangle Road. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subd. 3, f, to permit construction of a transmission tower at a height of 100 feet (City Code maximum for a transmission tower in the 1-2- Zoning District is 65 feet.. This variance request was continued from the August 14, 1986 meeting. Dale Beckman, BRW, representing Vantage, reviewed the request, Also present were: Stuart Swartz, general manager, David Molda, vice president project management, Glen Smith, chief engineer, Herb Margolis, architect, representing KMSP and Bruce Egertson, vice president marketing. Site line drawings were displayed. KMSP is located at 70th and York in Edina. The first request in August 1986, for a 200 foot tower was not favored by the Board, The 100 foot tower, now proposed, will be an additional expense of $200,000. Also, KMSP will be forced to send its signal to the Edina Towers Condominium project and then to the transmission in Shoreview. Beckman noted that there are several points along the way which create problems. Braemer Arena in Edina has several hills. KMSP needs to be 30 feet above an object. The oak trees can grow to a height of 60-70 feet. KMSP needs approximately 100 feet of clear- ance from the existing topography to where the signals intercept. A 200 foot tower would give 100 feet of clearance from that point. Beckman said that they do not receive a signal at the top of the Shoreview tower, The tower is at an elevation of 2,390, The maximum distance they can be,due to picture quality is 425 feet • above the transmitter, Board of Appeals and Adjustments - 4 - October 9, 1986 Photos were displayed. Sandvick inquired about the base of the tower. Beckman said that it was 162 square feet. It will be a three legged structure, The top is an 82 foot triangle. There were no comments from the audience, Letters were received by the Minnesota Vikings (Exhibit A) , Hoyt Development (Exhibit B) and Cherne Contracting Corporation (Exhibit C) supporting the request. Sandvick expressed concern over guidelines for the tower. A rep- resentative from KMSP stated that it is self supporting. It meets the Code for Minnesota towers. Sandvick inquired about the color of the tower. Beckman said that they would be analyzing the NSP towers. MOTION: Krueger made a motion to approve Variance Request #86-43, submitted by Vantage Company with the following findings: 1 ) The proponents have done a good job in working with the concerns of the community and the neighbors. 2) The tower and satellite dishes be painted a color similar to the color NSP uses on their power line towers, an off- white. Final color must be approved by the City. 3) Only four satellite dishes be permitted as proposed. No additional dishes or transmission devices be added to the tower, 4) Only one transmission tower be permitted on the site, with the understanding that no additional towers will be permitted. Additional roof top transmission devices shall be completely screened. 5) No signage or banners be affixed to tower. 6) A security wall or fence be erected around tower to prevent public access. 7) The base of the tower be screened from all public roads and differing land uses. 8) The tower shall not be lighted in any manner, either elect- rical devices affixed to the tower or ground mounted, 9) Construction of the tower will not take place until the City reviews and approves the total site plan and zoning for KMSP, The tower shall not. be constructed until the principle building is under construction, Board of Appeals and Adjustments - 5 - October 9, 1986 10) This variance request must be utilized within one year. • Longman seconded the motion. Motion carried unanimously. C. Request #86-44 submitted by`Prairie View.Ass oc taates f.-br property located at 962-966`P1aza Drive, The request is`,for a:>variance from City Code, Chap et r ll , ' Section I'll ,03, 'Subd ' 3,; �Td ermit outside storage/display of 30 automobiles uhder.'.3/4 tan 2 To permit merchandise, offered for sale,;to' be drsp ae beyond the confi nes of the, bui 1 di ng. at 76,6% of,� t.e Or nd: floor ,area of the building housing the principle"-use, , ­City: Co e max `imum is 10% of`the round' floor area of the bui1din housin the p_ri nci pl e use, Mark Rooney, general partner with Curt Johnson Properties , Inc addressed the request, Prairie View Associates proposes to facilitate a lease of approx- imately 6,000 square feet for Edina Sales and Leasing company, Approximately 80% of the business is leasing, Twenty percent is the disposal of the previously owned autos that come in on a trade basis, They request a variance to operate an automobile sales and leasing business for outside storage, Approximately 18 spaces will be used within the shopping center for permanent outside storage. Staff suggested replatting for employee parking. Rooney said that • they would be happy to do this, The land currently is being sur charged until approximately July 1986, Prairie View Shopping Center was granted a variance to park at 5.76 stalls per 1 ,000 square feet or 665 stalls, The storage of 30 vehicles will create a new parking ratio of 5,5 stalls per 1 ,000 square feet for the entire shopping center. Rooney said that the property is 75% leased, Durham noted that the parking area will be screened from Highway #5 by the buildings. On the north side there is a large 6 foot cedar fence. Rooney expressed concern over metal signs at each stall in the 30 vehicle storage area, There could be a problem with snowplowing, Rooney would like larger signs on either end with striping in a color dissimilar to the Prairie View Shopping Center. Lynch asked about security for the cars that were sitting outside. Rooney said that the back lot will be well lit, Fencing would not be beneficial , MOTION: Lynch made a motion to approve Variance Request #86-44� submitted by Prairie View Associates with the following findings; 1 ) Approval shall be contingent upon an agreement to be Board of Appeals and Adjustments - 6 - October 9, 1986 signed by the building owner, leasing agent, and Edina • Sales and Leasing agreeing to conform to all City Codes. The agreement shall be drafted by the City Attorney, and failure to execute an agreement within 30 days of ranting the variance shall nullify the variance approval . No occupancy/zoning certificate will be issued until the agreement is executed to the City's satisfaction. The agreement shall outline grounds for discontinuing use and nullifying variance, . 2) Contingent upon replatting and zoning to provide an area for proof-of-parking for 18 .stalls. Said parking to be constructed by the building owner at the request of the City. 3) Approval shall be contingent upon interior floor plan dated September 11 , 1986 and site plan dated March 3, 1986, and revised July 29, 1986. 4) The variance shall not be transferable to another auto dealership, 5) Parking stalls for storage of vehicles shall be identified by at least four metal signs , similar to handicapped park- ing signs, and striped in a color dissimilar to the Prairie View Shopping Center. • 6) There shall be no outside storage of vehicles associated with Edina Sales and Leasing on any other portion of the Prairie View Shopping Center, or in other locations within Eden Prairie, specifically 10305 West 78th Street, Eden Prairie, Minnesota. 7) All signage must conform to City Code. No banners, pennants, whirling devices, flags, hot air devices or any such item resembling the same shall be permitted. 8) Lighting shall conform to all standards of the Eden Prairie City Code. No lights shall change in color or intensity and no lights shall be flashing. 9) All maintenance of vehicles, including -vehicle repair, washing and cleaning, shall be done inside the confines of the building, Failure to do so shall be grounds to void the variance. 10) Storage of cars on the interior shall comply with State building and fire codes, 11 ) City Staff may enter premises at anytime for inspection purposes. • 12) Any expansion of the business will require review by the Board of Adjustments and Appeals. Board of Appeals and Adjustments - 7 - October 9, 1986 13) This variance request must be utilized within one year. • Longman seconded the motion. Motion carried unanimously. D. Request #86-45, submitted by Donald A. Crowther for property located at 6521 Beach Road. The request is for a variance from City ;Code, Chapter 11 , Section 11 .03, Subd. 2, B, to permit a residential structure 15 feet from a front yard property line, City Code requires a minimum of 30 feet from a front yard property j inne.) Peter Beck, attorney representing Donald A. Crowther, addressed the request. Larry Kollmeyer, architect with Smuckler Corporation Architects was also present. Site plans were displayed, Beck stated that when Crowther purchased the property in July 1985, he knew that the property was bordered on the north by a platted, but unconstructed road known originally as "Bryant Lane" and now shown on maps as "Century Lane. " The home was designed by Smuckler Corporation Architects to be 15 feet from the right-of-way. The City of Eden Prairie does not recommend vacating of the road. • The neighbor to the north does not have any objection to the variance request. Beck stated that to redesign the home would be expensive, It would also be undesirable as additional fill would be needed and the slope from the home to Bryant Lake would increase. Beck understood that if the road went in, the home would be 15 feet away from it. There were no comments from the audience. MOTION: Lynch made a motion to approve Variance Request #86-45 submitted by Donald A. Crowther with the following findings: 1 ) Construction of Bryant Lane has not been determined and there is the possibility that the road may never be extended. 2) Only the garage portion of the home encroaches into the setback. 3) The owner of the lot should be aware that Bryant Lane may be extended in the future in which case the house will be 15 feet from a Public Right-of-Way. 4) This variance request must be utilized within one year, • Sandvick seconded the motion. Motion carried unanimously, Board of Appeals and Adjustments - 8 - October 9, 1986 E. Request #86-46, submitted by Norquist Sign Company and Welsh Companies for property located at 11403-11495 Valli View Road. The request is for a variance from CityCode, Cha ter 11 , Section 11 .70, Subd. 4, F, to 1 Permit an area identification sign at 100 s uare feet, 7City Code maximum is 80 s uare eet To permit a sign 1 foot from the front yard property line, Cit Code requires a minimum setback of 10 feet) . Steve Hirtz, Norquist Sign Company, reviewed the request with the Board. A main identification sign is requested on Valley View Road. There is a distance of 80 feet between the property line and the curb line. The 80 feet of land is owned by Hennepin County. Hirtz stated that originally a two-sided sign was designed that would be perpendicular to Valley View Road. The plan was revised to a one-sided sign going parallel to Valley View Road. The 10 foot setback locates the sign on top of the highest point of the project. A one foot setback gives a better line of site and is more legible. The sign design was displayed. The sign is 80 square feet and falls within the sign criteria. It is a low profile sign. The height is 5' 10". • MOTION: Longman made a motion to approve Variance Request #86-46, submitted by Norquist Sign Company and Welsh Com- panies with the following findings: 1) They have reduced the variance request from 100 square feet to 80 square feet. 2) They have unique circumstances. 3) The sign will not be inappropriate. 4) This variance request must be utilized within one year. Krueger seconded the motion. Motion carried unanimously. F. Request #86-47, submitted by Norquist Sign Company and Welsh Companies for property located at 7247-7277 Flying Cloud Drive. The request is for a variance from City_ Code, Chapter ]] , .Section 11 .70, Subd. 4, f, to permit a sign ] . foot from the -front yard property line, Cif Code requires a minimum setback of 10 feet) . Steve Hirtz, Norquist Sign Company, spoke to the request. The City and the developer worked closely in preserving existing • trees on the site. It is a heavily wooded site and natural growth has been left. The building is set far off the road and is not visible. Board of Appeals and Adjustments - 9 - October 9, 1986 A 10 foot setback would place the sign in heavy trees. • Durham noted that there is a slope that drops off severely. This would place the sign down 8-10 feet from the road. MOTION: Longman made a motion to approve Variance Request #86-47, submitted by Norquist Sign Company and Welsh Companies with the following findings: 1 ) Due to the wooded site and grade change adjacent to Flying Cloud Drive, the sign placed at a 1 foot setback will not adversely impact wooded areas by tree removal . 2) The sign would be difficult to see if placed at a 10 foot setback adjacent to Flying Cloud Drive without tree removal or berming. 3) This variance request must be Utilized within one year. Krueger seconded the motion. Motion carried unanimously. G. Request #86-48, submitted by MTC for property located east of Highway #169 exit ramp at Shady Oak Road, south of Shady Oak Road and west of Flying Cloud Drive. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Su d. 2, B, to permit installation of a MTC Park and Ride lot with a front • yard setback of 15 feet adjacent to Flying Cloud Drive, City. Code requires a minimum front yard setback of 50 feet in rural zoning districts. Naeem Qureshi , Progressive Consulting Engineer, Inc. , represented MTC. The property in question is owned by Mn/DOT and is zoned rural . The requirements for the parking lots are that it be at least 70 cars. With the 50 foot setback, all of the parking would be eliminated, thus reducing the size of the lot. Lynch asked if some fill material would be hauled in. Qureshi said that there is bad soil . Some soil will have to be hauled out and other brought in.k It will be raised up a few feet. MOTION: Krueger made a motion to approve Variance Request #86-48 submitted by MTC with the following findings: 1 ) This will alleviate some of the traffic problems in Eden Prairie. 2) Based upon the screening plan attached, prepared by City Staff, 3) This variance request must be utilized within one year. Lynch seconded the motion. Motion carried unanimously, Board of Appeals and Adjustments - 10 - October 9, 1986 H. Request #86-49, submitted by Lee and Sharon Smith for property • located at 7361 Walnut Court, The request is for a variance from City Code, Chapter 11 , Section 11 ,03, Subd. 2, B, to permit construction of a residential structure 6 feet from a side of line, (City Code requires a minimum Iside lot setback of 10 eet) , Steve Durham, assistant planner, reviewed the request with the Board as the proponent was out of town. On July 22, 1986, the home was burned, The builder informed the applicants that the existing structure was only 6 feet from the lot line. In the R1-13.5 zoning district, 10 feet is required, The applicants plan on using the existing foundation to rebuild, therefore, requiring a variance, The variance is from the garage side of the home. Two neighbors were spoken to and had no objections, MOTION: Krueger made a motion to approve Variance Request #86-49, submitted by Lee and Sharon Smith with the following finding: 1 ) This variance request must be utilized within one year, Sandvick seconded the motion, Motion carried unanimously, • III. OLD BUSINESS There was none. IV. NEW BUSINESS There was none. V. ADJOURNMENT MOTION: Krueger moved, seconded by Sandvick to adjourn the meeting at 9:00 PM. Motion carried unanimously. • - 11 - EXHIBIT A /0 I1)I)ES 0rA IKII�C�� 9520 VIKING DRIVE •EDEN PRAIRIE,MN 55344•(612) 828-6500 October 7 , 1986 City of Eden Prairie Board of Appeals and Adjustments Eden Prairie , MN 55344 RE : Variance Request No . 86-35 Gentlemen : Vikings II , Inc . is the owner of the 15 acre parcel of land located immediately east of the parcel (the "Subject Parcel " ) which is the subject of the above reference variance request . Vikings II , Inc . has constructed its corporate head- quarters and a training and practice facility on the land and has • leased the property to its subsidiary, Minnesota Vikings Football Club , Inc . ( "Vikings" ) . The Vikings have had an opportunity to review the plans for the KMSP television transmission tower and associated deve- lopment of the subject parcel for which the above variance has been requested . The Vikings note that KMSP has reduced the height of the transmission tower from 200 feet to 100 feet . Based on the Vikings review of the plans and the modifications by KMSP , the Vikings are satisfied that the concerns expressed in its letter of August 14th to you have been satisfied . The Vikings would welcome KMSP as a neighbor and believe that the location of the KMSP facilities in Eden Prairie will benefit the community. Sincerely, VIKINGS II , INC . MINNESOTA VIKINGS F� B . INC . By Mich el E . Lynn , Vice President a d General Manager • 12 - Hoyt Deuelop»sent,8300 Grand Avenue South,MinneapoUs,Minnesota 55420(612)884-4338 EXHIBIT B 0 October 6, 1986 Mr. Matt Nicoll Vantage Companies 2626 East 82nd Street Suite 101 Bloomington, MN 55420 Dear Matt: This will confirm that we concur with your site development plan for the pro- posed KMSP facility on the south side of Nine Mile Creek. We have reviewed the • plans with you which include the approximate 100 foot tower in its southerly location at the corner of the building. We understand that you will be painting this tower black or whatever color is most appropriate for blending into the sky. Very troft HOYTen anaging General Partner SBH:jmc 4 w K j it - 13 - EXHIBIT C CHERNE SINCE 1916 • CHERNE CONTRACTING CORPORATION POST OFFICE B O X 975 MINNEAPOLIS, MINNESOTA 55440 A.WILLIAM CHERNE,JR. TELEPHONE 612-944-2650 VICE PRESIDENT TWX 910-S76-276$ October 8, 1986 Board of Appeals & Adjustments City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Attention: Mr. Steve Durham Reference: Vantage/KMSP Request for Tower Height Variance Variance Request #86-43 • Dear Mr. Durham: We have met with Bruce Egertson of Vantage and Stuart Swartz of KMSP regarding their most recent request for variance for tower height. We are told by them that the KMSP tower would be 100 feet maximum height with a top elevation at 960 feet. They also advise that the NSP tower directly adjacent to the east is a 112-foot tower with a top elevation of 936 feet. We appreciate the efforts Vantage and KMSP have made to reduce the height of the tower. After reviewing their revised request we have no objection to a variance being granted for the tower subject to a maximum top elevation 24 feet higher than the adjacent NSP tower. Very truly yours, CHERNE CONTRACTING CORPORATION A. William Cherne, Jr. Executive Vice President AWC:jb CORPORATE OFFICE-9855 WEST 7STN STREET-MINNEAPOLIS.MINNESOTA 55.