HomeMy WebLinkAboutBoard of Adjustments and Appeals - 02/12/1987 I
• UNAPPROVED MINUTES
BOARD OF APPEALS AND ADJUSTMENTS
THURSDAY, FEBRUARY 12, 1987 7:30 PM, ADMINISTRATION
BLDG. , SCHOOL BOARD ROOM
8100 SCHOOL ROAD
BOARD OF APPEALS MEMBERS: Chairman Ron Krueger, Richard Lynch,
William Arockiasamy, Roger Sandvick,
Lyn Dean, Hanley Anderson and Steve
Longman
BOARD STAFF: Assistant Planner, Steve Durham and
Recording Secretary , Lynda Diede
ROLL CALL: Dean, Krueger and Lynch were absent.
I. MINUTES
A. Minutes of January 8, 1987.
MOTION: Sandvick moved, seconded by Anderson, to approve the minutes
of January 8, 1987, at the next regularly scheduled meeting, March 12,
• 1987, if a quorum is met. Motion carried unanimously.
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 si n of 38..50' in hei ht (City Code maximum
for a free-standin si n is 20' ; 2 To permit a free-standing sign
of 172.5 square feet (City Code maximum is 80 square feet); 3 To
permit a sign of 22" between sign faces (City Code maximum is 12"
between sign faces This variance was continued from the January
8, 1987 meeting and the December 11 , 1986 meeting.
This variance request has been withdrawn.
B. Request for #87-06-M to review and consider an existing building
moving submitted by the City of Eden Prairie. The building is to
be movedto Homeward Hills Park.
Stu Fox, of the Community Services Department of the City of Eden
Prairie, reviewed the request with the Board. The City requests
permission to move a 32' x 42` horse barn donated -o the City by
David and Sally Brown. The barn is currently located at Bennett
Place in the Blue Stem Hills Addition. The City plans to move it
to Homeward Hills Park adjacent to the proposed tennis courts and
. playground. It would be utilized as a park building. The lower
floor would be used as a warming house and recreation area. The
upper floor would be used for large group activities. The structure
Board of Appeals and Adjustments - 2 - February 12, 1987
was built in 1980. The structure will be 600' from the roadway.
• Sandvick asked if the property was secured by the City. Fox said yes,
there is currently a park there with a ball field and soccer field and
a small play structure.
Anderson inquired if the structure would remain two stories. Fox said yes.
The lower floor has a 10' ceiling and the upper floor has a 14' ceiling.
Arockiasamy asked how the structure would be moved. Fox said that a moving
contractor would be hired. It would be moved down through the Blue Stem
Hills Addition to Franlo Road.
Sandvick inquired who would be paying for the move. Fox said that the
City would be paying for the move.
Sandvick said that in previous moving requests, a bond had been required.
Durham said that the bond the City has is for damage to roadways. Fox
stated that the movers have insurance. Most bonding is to cover damage
that might occur to private property in the right-of-way.
Sandvick asked how the City would handle any damage that occured to
property. Durham said that the City would be responsible for any
damage done.
Fox said that they would like to move the structure before road restrictions
• on March 1 , 1987.
Fox stated that the City could notify individuals when the move is taking
place and the route used.
Longman asked if the move was cost effective. Fox said yes, because the
structure was donated.
Arockiasamy inquired about damage to the structure in the move. Durham
said that after the structure is moved to the site, it is inspected by a
building inspector. All code restrictions must be met to make it a
habitable building.
There were no comments from the audience.
MOTION: Anderson made a motion to approve Variance Request #87-06-M
submitted by the City of Eden Prairie. Longman seconded the motion.
Sandvick added:
1 ) The City of Eden Prairie notify the residents and property owners,
along the proposed route,of the approximate time of the move.
2) The City of Eden Prairie provide the necessary inspections to
insure that the building is safe and a certificate of occupancy
be issued before use.
• 3) This variance request must be utilized within one year.
Motion carried unanimously.
Board of Appeals and Adjustments _ 3 _ February 12, 1987
C. Request #87-07, submitted by Ronald E. Nelson for property located
• at 13045 Pioneer Trail , for a variance from City Code, Chapter 11 ,
Section 11 .03, Subdivision 3, H, 6, d, 1 To permit parking 10`
from front lot line, City Code requires 50' , 2 City Code
Chapter 11 , Section 11 .03, Subdivision 3, E, to permit a fence
height of 8' City Code maximum is 6'
Ronald Nelson, president of Able Mini Storage of Eden Prairie
presented the request to the Board. Construction of a mini-
storage addition to the existing building is proposed. The new
structure will contain 10,000 square feet. The first request is
to permit parking within the front yard setback. The second
request is to permit a fence height of 8' .
Site plans were displayed.
Nelson said that the parking variance is needed because of site
constraints due to the lot size of 100' x 435' . The area will be
screened by landscaping from the street.
Sandvick inquired how many parking stalls there would be. Durham
said that there would be five parking stalls. Nelson said that
employee parking is allowed for in garage stalls in the building.
Sandvick asked about the height and nature of the fence. Nelson
stated that the proposed fence will be board on board. The
height of the fence to the top of the board will be 8' . There
• will be a security fence with barbed wire on top.
Durham said that there was a misunderstanding as the City thought
Nelson was planning a 6' fence plus 2' for the barbed wire. The
request was published for 8' . The request can be republished
for a 9' fence.
Nelson was concerned that the barbed wire be above the 8' level
to prevent accidental injury to passing individuals.
A resident expressed concern over the fence request. He wanted to
see the City's position on the request, He felt additional height
was not necessary.
Anderson was reluctant to extend the fence over the Code. He felt
that there was no hardship.
Durham said that if the variance was approved for 8' , the fence
could be at 7' with the barbed wire angled in. The barbed wire
could extend upward 1 ' ,
Nelson said that if the barbed wire was angled in, it would defeat
the purpose of keeping someone out.
Sandvick said that the variance would be putting a maximum not to
• exceed 10" for the barbed wire.
Board of Appeals and Adjustments - 4 - February 12, 1987
Howard Peterson, 7021 Duck Lake Road, commented that a court
looking at a barbed wire fence might regard it as an "attractive
nuisance " and a possible lawsuit could come to the City.
Sandvick said that the City Attorney would have to answer to
that.
Sandvick felt that opinions could. be received from a.,.fence°;contractor.
Durham said that barbed wire guidelines are governed by State Statute.
The City of Eden Prairie does not have any code regarding barbed wire.
In the plans, there were three strands of barbed wire showing.
Nelson said that he would talk to a fence contractor and also
address the question of liability.
Sandvick said that the fence request would be tabled to .Nelson 's
convenience.
MOTION: Arockiasamy made a motion to approve Variance Request
#87-07, submitted by Ronald Nelson and to table Part II of
the variance request. Sandvick added:
1 ) The parking lot stalls are 38' from the property line to
the proposed bumper. It is not 10' to the actual bumper
from the property line.
2) It will be an improvement to parking already in violation
• of Code.
3) There will be berming within that strip between the prop-
erty line and the parking lot.
4) This variance request must be utilized within one year.
Sandvick seconded the motion. Motion carried unanimously.
D. Request #87708, submitted by Jim Touve for property located at
17208 Peterborg Road, Eden Prairie, Minnesota. Therequest is for
a variance from City Code, Chapter 11 , Section 11 .03, Subdivision
2, B, to permit construction of a new home 8' from a side lot line
City Code requires 15' in the R1-22 Zoning District .
Jim Touve, proponent, presented his request to the Board. The
floor plan was displayed. Touve was before the Board on April 10,
1986 and May 8, 1986. A condition of the Final Order was that a
variance for a sideyard setback may be required for the lot in
question. The original home plan was 54' , but Touve would like
the plan to be 56' which would increase the dining room, kitchen
and garage area.
Anderson asked what was next door. Touve said that it was a
vacant lot that he owned. The lot lines are irregular because
• of an angle.
Sandvick inquired if Touve would live in the house. Touve said
that there is a possibility that he would live in the house.
Board of Appeals and Adjustments - 5 - February 12, 1987
Howard Peterson, 7021 Duck Lake Road, stated that the area in
• question had been a problem area for 25 years, as long as he
had lived there. An aerial photo from May 9, 1947 was displayed.
Houses in the area have had trouble with flooding in the basements.
A pothole, where there are now houses, was filled inadequately.
Peterson felt that something improper was done at that point of
initial development.
Peterson called the DNR to get a history of the platting. The
plaiting showed lots being platted out in the water. Buildings
were done in spite of other recommendations.
Peterson read from the City Code, Chapter 11 , Section 11 .50,
Subd. 6, D (Substandard Lots) : "Requiring that abutting sub-
standard lots of record must be of separate ownership in order
for a building permit to be issued." Peterson stated that Touve
owned both lots, so he doesn't qualify for a variance.
Peterson felt that the request was substandard housing on a
substandard lot.
If the variance is approved, Peterson might talk to his attorney
regarding an injunction. Sandvick stated that if the decision
this evening is not to Peterson's liking, an appeal can be made
to the City Council .
• Peterson said that he is not anti-development. He hoped one reason-
able sized house would be built on the two lots because of the nature
of the restrictions that exist there.
Longman inquired if Peterson was a member of the Watershed District.
Peterson said that he was a Board member.
Longman asked if. the level of Duck Lake was the same as it was in
1947. Peterson said that it is not the dry bed that people would
have us believe. The water level has stayed constant. In 1965,
the City of Eden Prairie installed an outlet on the east end of the
lake.
Peterson objects to the variance request on the basis of the total
proceedings that have taken place before. Sandvick asked if Peterson
opposed the 8' setback. Peterson said yes, in principle.
Touve said that most of the information given by Peterson was covered
at the time that the original variance was granted.
Longman felt that there was some disparity between the May 1986
meeting and this evening. Touve stated that part of the problem
occurred when the City put a culvert across the road and allowed
that water to stay up at a level throughout the year. The DNR said
that the floodplain would be changed because of the water. The
floodplain stopped at Duck Lake Road which made it possible for
• Touve to fill in the lots. Because of the culvert, the water level
was supposed to lower.
Board of Appeals and Adjustments - 6 - February 12, 1987
Touve said that it was established that the basement floor would
• be set 2' higher than the 100 year flood plain.
Longman questioned Peterson 's statement regarding Touve owning both
lots. Durham said that the Staff had suggested combining both lots
and having one building lot. At the April 1986 meeting, the Board
felt that they didn 't want to take rights away because Touve owned
two lots previous to the Shoreline Ordinance which was established
in 1982.
Peterson said simply owning two lots before 1982 should not excuse
Touve from any subsequent requirements. Durham said that the DNR
responded in April 1986 that the two lots should be combined to one
lot.
Sandvick asked if the house could be moved to the right to stay
within 15' of the lot line. Touve said no, he had to stay 33'
from the water.
Longman noted that the garage is extra deep. Longman wondered if
the garage could be shortened to normal . Touve said that he hadn 't
considered that.
Touve said that a two-story house could be built, but that it would
detract from the aesthetic value of the neighborhood.
Longman asked the price bracket of the home. Touve said that it
• was overpriced in regard to the other homes. The value of the home
would be $95,000 - $100,000.
Durham read the Final Order from May 1986: "A variance to permit
construction of a house 10' from the west property line on Lot 9
must be requested. The garage side only if necessary. "
Sandvick said that a hardship has not been demonstrated for an 8'
side yard setback.
Longman felt that a house must be designed to fit the lot.
MOTION: Longman made a motion to deny Variance Request
#86-08,submitted by Jim Touve with the following findings:
1 ) No hardship has been demonstrated.
2) Not all possibilities have been explored.
Discussion: Touve wondered if the request could be changed
to a 10' sideyard setback. Arockiasamy said that there were
implications from May 1986 that a 10' variance was all right.
Longman withdrew his motion.
• MOTION: Anderson made a motion to approve Variance Request
#86-98,submitted by Jim Touve with the following findings:
Board of Appeals and Adjustments - 7 - February 12, 1987
1 ) Approve a sideyard setback of 10' .
i2) The house floor plan be changed to modify the footprint of
54' in length.
3) Additional fill must be reviewed by the Watershed District.
4) All decks must meet the required side yard setbacks and
setbacks from the Ordinary High Water Mark.
5) This variance request must be utilized within one year.
Arockiasamy seconded the motion.
Discussion: Arockiasamy asked if the Board had a basic foot-
print. Durham said that the Board had a 54' plan that was
submitted last year.
Touve inquired if the inside of the house could be changed.
Sandvick said yes, just so it fits the foundation.
Motion carried unanimously.
E. Request #87-09, submitted by Ray Mitchell for property located at
14801 Scenic Heights Road, Eden Prairie, Minnesota. The request_
is for a variance from City Code, Chapter 11 , Section 11 .03
Subdivision 2, B, to permit the existing house at 14801 Scenic
• Heights Road to have a front yard setback from Hiawatha Avenue
of 22' City Code requires 30' in the R1-22 Zoning District) .
Ray Mitchell , 14801 Scenic Heights Road, reviewed the request with
the Board. The property is being subdivided into parcels to accom-
modate a new home on the vacant lot. The original home was built
in 1980. In 1973, the City requested dedication of 27' for right-
of-way purposes along Hiawatha Avenue. At that time, Mitchell did
not give up 27' . With the current platting, 27' of right-of-way
on Hiawatha Avenue is required, creating a variance for the
existing garage, The new home conforms to Code. The existing
garage will be 49' from the street curb.
Sandvick asked what the average setback was. Durham said that the
average setback was 30' . Durham said that the Planning Commission
had reviewed and approved zoning of the property and the City Council
had 1st Reading.
MOTION: Anderson made a motion to approve Variance Request
#87-09, submitted by Ray Mitchell with the following findings:
1 ) This variance request must be utilized within one year.
Sandvick seconded the motion. Motion carried unanimously.
• III. OLD BUSINESS
None
Board of Appeals and Adjustments - 8 - February 12, 1987
IV. NEW BUSINESS
• None
V. ADJOURNMENT
MOTION: Sandvick moved, seconded by Arockiasamy, to adjourn the
meeting at 9:30 PM. Motion carried unanimously.
•