HomeMy WebLinkAboutBoard of Adjustments and Appeals - 12/11/1986 APPROVED MINUTES
BOARD OF APPEALS AND ADJUSTMENTS
THURSDAY, DECEMBER 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: Krueger, Sandvick, and Dean were absent.
I. MINUTES
A. Minutes of November 13, 1986.
MOTION: Arockiasamy moved, seconded by Lynch, to approve the minutes
of November 13, 1986, with the following corrections: p.3, second
sentence, change "motion carried unanimously" to "motion carried
4-0-1 . " Krueger voted nay.
• II. VARIANCES
A. Request #86-55, submitted by F,S. Partnership for property located
at 550 Prairie Center Drive. The request is for a variance from
City Code, Chapter 11 , Section 11 .70, Subd. 4, D, 1 To permit one
free-standing pylon sign of 38,50' in height_(City Code maximum for
a free-standing si n is 20' 2 To ermit a free-standingsi n of
172.5 square feet Cit Code maximum is 80, s uare feet)-, 3 To
permit a sign of 22" between sign fa Cit Code maximum is 12"
between sign faces).
Alan Stor�y,manager of Firestone Tire and Rubber Company, requested
a continuance of the variance request.
MOTION: Longman made a motion to continue Variance Request
#86-55 until the next regularly scheduled meeting, January 8,
1987, Motion carried unanimously,
B. Request #86-56, submitted by David J. Van House, for property located
at 9720 Franlo Road The request is for a variance from City Code,
Chapter 11 , Section 11 .03, Subd, 2, B, to permit a qarage addition
15' from a side lot line (City Code minimum in the rural zoning dis-
trict is 50'
David Van House, attorney-in-fact for the proponent, presented the
request to the Board.
The property is zoned Rural , The proposed garage addition would be
Board of Appeals and Adjustments - 2 - December 11 , 1987
used to accommodate automobiles, especially during the winter months,
• The request is consistent with the present sideyard setbacks 'for
adjacent parcels and surrounding parcels zoned R1-13.5.
Longman asked if the addition would be of the same materials and color.
Van House said that it would be of the same materials,
Lynch inquired if there was an initial variance request granted for
construction of the existing structure, Van House said that the land
was originally zoned Rural and no variances had been granted.
There were no comments from the audience.
Arockiasamy asked if there was a contemplation of rezoning, Durham
said that the owner would have to apply for a rezoning and that the
City would not require a rezoning of that parcel of property, If it
were to be rezoned, the Guide Plan is guided for a low density and
the appropriate zoning would be R1-13.5. If this parcel were rezoned,
the structure would meet the setbacks for R1-13.5.
MOTION: Arockiasamy made a motion to approve Variance Request
#86-56 submitted by David J. Van House with the following
findings:
1 ) The addition is consistent with the surrounding land use at
• the present time.
2) The proposed addition will match the present construction,
3) This variance request must be utilized within one year.
Longman seconded the motion. Motion carried unanimously,
C. Request #86-57, submitted by B-E Construction for property located at
6718-6720 Hallmark Drive. The request is fora variance from Cray
Code, Chapter 11 , Section 11 .03, Subd, 2, A, 10, to permit proposed
Parcel A with a lot size of 5,770 square feet and--proposed Parcel B
with a lot size of 4,120 square feet, (City Code requires a minimum
lot size in the RM-6.5 zoning district of 6,000 square feet).
Bob Erickson, owner of B-E Construction, reviewed the request with
the Board.
A twin home was purchased in the Edenvale 14th Addition. Erickson
proposes to construct a duplex and split the lot in half to create
two separate lots for separate ownership.
Lynch noted that it was a common request for these type of lots and
zoning.
• There were no comments from the audience.
Longman inquired if there were duplexes nearby that were on zero lot
Board of Appeals and Adjustments - 3 - December 11 , 1986
line. Erickson said yes, the whole site has duplexes with zero
• lot line.
Longman said that it was reasonable to grant the request. . It would
create a hardship, as it is an unusual situation.
MOTION: Anderson made .a motion to approve Variance Request
#86-57, submitted by B-E Construction with the following
findings:
1 ) The variance request is consistent with the surrounding
land use and proposed uses.
2) This variance request must be utilized within one year.
Arockiasamy seconded the request, Motion carried unanimously.
D. Request #86-58, submitted by William and Dorothy Gilk for property
located north of Scenic Heights Road adjacent. to 15212 Scenic
Heights Road, The request is for a variance from City Code, Chapter
11 , Section 11 ,03, Subd. 2, B, to permit construction of a single
family dwelling with a setback of 30' from the side lot lines,
Cit, y Code minimum in the rural zoning district is 50' from a side
lot line and a total of 150' between both side lot Ines.
This variance .request has been withdrawn,
• E. Request #86-59, submitted by Joe Ruzic for Property located at
6825 Rowland Road. The request is .for a variance from City Code,
Chapter 11 , Section 11 .03, Subd, 2, B, to permit a rural lot size
of 2.2 acres. City Code minimum for a rural lot size is 10 acres) .
Ron Krueger, president of Ron Krueger and Associates , presented the
request to the Board,
The project has received 1st Reading approval from the City Council ,
subject to the Board of Appeals and Adjustments,
There is a 2.2 acre area where Ruzic's home is located that is not
serviceable with utilities from the rest of the project because of
the difference in elevation, When utilities are available to this
parcel from the east, Ruzic would work through the development process
with the City and develop the land, A variance is needed because a
parcel is being created that is rural zoned and is smaller than 10
acres.
Krueger stated that Staff had concern over removal of large trucks
and trailers. Krueger said that Ruzic had removed trailers from
the site. The bulldozer, one truck over 3/4 ton,and one flat bed
trailer (under 3/4 ton ) are used in conjunction with the develop-
ment.
• Krueger noted that Ruzic had planted trees and done much to remedy
the situation.
Board of Appeals and Adjustments - 4 - December 11 , 1986
Durham said that the City Council had concern that equipment
• associated with a home occupation should be stored at another
location with appropriate zoning district.
Krueger said that it was hard to develop a site without equi ment,
Durham said that the equipment could be brought back in the pring
time.
Longman asked what equipment remains on the site. Krueger said that
a caterpillar, a small dump truck and a trailer to haul the caterpillar
remain on the site.
Longman inquired if the equipment would be used on the site, Ruzic
said that the caterpillar is there for repairs only.
Ruzic said that six arborvitae, 12' high, had been planted along the
driveway, Ruzic stated that the caterpillar that is conspicuous along
Rowland Road will be removed.
Durham said that as the property develops into single family, residen-
tial use, the characteristic of the property will be under pressure to
conform to a residential use,
Longman asked if it was possible to store the caterpillar on the site.
Ruzic said that the caterpillar has never been in his yard. It has
always been on the hill .
• Longman asked if Ruzic was just going to store two dump trucks and a
low boy, Ruzic said yes,
Photos of the trucks on the site were displayed.
Lynch inquired if Ruzic could continue his home occupation under a
"grandfather act", Durham said that with only home occupation, you
are not allowed to have any equipment over 3/4 ton stored on residen-
tial property, Regarding the "grandfather act", Durham did not know
if the home occupation was an illegal use or not.
Arockiasmay inquired about the status of the outlot and the rezoning,
Durham said that the house on the outlot was legal . Having a business
is legal , provided you follow the Home Occupation portion of the City
Code,
Ruzic stated that he just turned 56 years old and he qualifies for a
tax break, Ruzic plans to sell the property as soon as utilities are
put in.
Longman inquired if heavy equipment, over 3/4 ton, was allowed in
rural zoning, Durham said yes, if it was related to agricultural use.
Lynch did not have a problem with the request. Based on the avail-
ability of sewer and water, there is more value for potential develop-
ment,
John Luknic, 6605 Rowland Road, agreed to share with Ruzic in develop-
ing the sewer and water line, Luknic had concern with the timing.
Board of Appeals and Adjustments - 5 - December 11 , 1986
Lynch said that if the Board took favorable action it would put a
one year time frame on the variance,
Anderson inquired if Ruzic had to start building within a year, Lynch
said that Ruzic had to file the plat within one year.
Anderson asked if the variance resulted in the grading permit. Durham
said yes, not this variance per se, but the development of the property
known as Shady Oak 2nd.
Anderson inquired if grading would be done on the 2,2 acres. Durham
said no, it shouldn't.
Arockiasamy had concern about deviation of requirements.
Durham stated that zoning complaints operate on a complaint basis.
If the City received a complaint, they would react at that point.
Ruzic said that he had transplanted 40 trees on his yard. The issue
is complete except for moving the caterpillar and the truck,
MOTION: Longman made a motion to approve Variance Request
#86-59 submitted by Joe Ruzic with the following findings :
1 ) The remaining 2.2 acres rural site is guided for low
density development. It is surrounded to the northwest
by R1-13.5 zoning.
2) The applicant will hook up to City sanitary sewer and
water when it becomes available to the site,
3) The Planning Commission did recommend approval of the
zoning and plat, The City Council has had 1st Reading
for the rezoning and plat,
4) The applicant remove the junk, pick-up truck, caterpillar
and scrap.
5) The applicant make an effort to keep the site cleaned up.
6) This variance request must be utilized within one year,
Anderson seconded the motion. Motion carried unanimously.
F. Request #86-60, submitted by Sharon Nolte for property located 600
feet west of 9580 Eden Prairie Road and south of Riley Creek, The
request is for a variance from City Code, Chapter 11 , Section 11 ,70,
Subd. 3, K, 1 To permit a residential real estate sign of 32 ,
square feet (City Code maximum'1 s 6 square feet, 2 To permit a
sign height of 10' City Code maximum height 1s 6 square feet) .
The applicant requested that the variance request be continued to
• the next regularly scheduled meeting, January 8, 11987.
Board of Appeals and Adjustments - 6 - December 11 , 1986
MOTION: Arockiasamy made a motion to continue Variance
Request #86-60 to January 8, 1987. Longman
seconded the motion. Motion carried unanimously.
III. OLD BUSINESS
There was none.
IV. NEW BUSINESS
There was none.
V. ADJOURNMENT
MOTION: Anderson moved, seconded by Longman, to adjourn the meeting
at 8:30 PM. Motion carried unanimously.
•
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