HomeMy WebLinkAboutBoard of Adjustments and Appeals - 01/08/1987 • APPROVED MINUTES
BOARD OF APPEALS AND ADJUSTMENTS
THURSDAY, JANUARY 8, 1987 7:30 PM, ADMINISTRATION
BLDG. , ROOM 205, 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:' Longman, Arockiasamy, and Anderson were absent.
I. MINUTES
A. Minutes of December 11 , 1986.
MOTION: Lynch moved, seconded by Krueger,to approve the minutes s
of December 11 , 1986. 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 sign of 38.50' in hei ht (City Code maximum for a
free-standing sign is 20' ; 2 Tojermit a free-standing si n of
172.5 s arefe-e—t-Rity 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 December 11 ,
1986.
Durham stated that due to development of property to the west of
Firestone, the proponent would like to continue their request.
Research must be done on placement and size of the sign.
; MOTION: Lynch made a motion to continue Variance Request #86-55,
until the next regularly scheduled meeting, February 12, 1987.
Dean,-seconded the motion. Motion carried unanimoualy.
B. 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 si n of
32 s uare feet Cit Code maximum is 6 square feet, 2 To permit
a sign height of 10' City Code maximum height is 6 square feet
This variance was continued from December 11 , 1986.
Board of Appeals and Adjustments - 2 - January 8, 1987
Sharon Nolte reviewed the proposal with the Board. Nolte stated
• that a "For Sale" real estate sign of 32 square feet and 10 feet
in height, was removed in November of 1986. It was replaced by
a six square foot sign. There are plans to put a plat drawing
on the requested sign.
Krueger inquired about the placement of the sign. Nolte said that
the sign was placed in the easement because that was the only access
that they had to their property, There is no easement with the
Atkins property.
Lynch stated that the sign next to the Woodbear Stables sign leads
people to think that the stables are for sale.
Krueger asked whose property was to the north. Nolte replied that it
belonged to Atkins.
Bill Bearman, 9630 Eden Prairie Road, stated that confusion arises
as to the use of the easement for the use of the sign. Bearman said
that countless calls were made to the real estate agent and they
went unanswered. Bearman attached a small sign of his own to the
real estate sign. Bearman requested that another sign be placed
next to the real estate sign as it became a nuisance with people
driving up his driveway asking if his property was for sale.
A
Bearman said that out of frustation, he put his own sign up and it
• was always removed, Bearman painted on the "For Sale" sign that
it was not Woodbear Stables that was for sale. Bearman felt that
the real estate sign should state that it was not Woodbear Stables
that was for sale.
Nolte said that it would be a problem to add to the sign. It is
their access to the property. They are entitled to a sign that
says "For Sale",
Bearman said that it is not proper, irrespective of size, to have
a question in the customers mind as to what is for sale or not.
Lynch inquired if a 16 square foot 'sign with a 6 foot height
required a variance. Durham said that a variance is required
because the maximum size of the sign is 6 square feet in the
Residential Zoning District,
Sandvick asked if other marketing methods had been used, Nolte
said that Multiple Listing, advertising in the Minneapolis Star
and local newspapers was used. Nolte said that the sign was the
most marketable method as the parcel of land sits between the
two agricultural parcels with businesses on them. People will
drive by to see the property and the acreage.
Krueger inquired if the sign will have a plat map on it. Nolte
• said yes. The plat map shows boundary lines, frontage, and square
footage on each side,
Krueger noted that the plat map could be a little smaller and
indicate where Woodbear Stables was. Nolte said that it was no
problem.
Board of Appeals and Adjustments - 3 - January 8, 1987
• MOTION: Lynch made a motion to approve Variance Request
#86-60 with the following findings :
1 ) The height of the sign being a maximum of six feet,
2) The square feet of the sign to be 16 square feet.
3) The plat map on the 16 square feet sign identify the
surrounding property owners.
4) This variance request must be utilized within one year,
Sandvick seconded the motion. Motion carried unanimously.
C. Request #87-01 , submitted by Prairie View Associates for property
located at 962-966 Plaza Drive The request is for a variance
from City Code, Chapter 11 , Section 11 ,03, Subdivision 3, J, �
1 To permit outside storage/display of 30 auto—mobiles unUer
3/4 ton 2 To permit merchandise, offered for sale to be
p ayed beyond the confines of the building at 58.46% of the
ground floor area of the building housing the principle use,
C—City Code maximum is 10% of the ground floor area of the uild-
ing housing the principle use,
Mark Rooney, a developer of Prairie View Center, presented the
request to the Board.
• Prairie View Associates was before the Board on October 9, 1986.
The same variance was requested which was approved contingent
upon a signed agreement entitled "Board of Appeals and Adjustments
Findings & Order . " Prairie View Associates is asking to reduce
the percentage of the variance request from 76.6% of the outside
storage requirement to 58.46%, The number of employees and the
outside automobile storage will remain the same. The interior
floor plan has been amended. The total square footage of office
area is now approximately 6,000 square feet. The used car prep
and showroom has remained at 1951 square feet.
There were no comments from the audience.
MOTION: Lynch made a motion to approve Variance Request
#87-01 ,submitted by Prairie View Associates with the
following findings:
1 ) Contingent upon the building owner, and Edina Sales and
Leasing signing a revised Board of Appeals and Adjustments
Findings & Order. (Note Exhibit D)
2) This variance request must be utilized within one year,
Sandvick seconded the motion. Motion carried unanimously.
•
Board of Appeals and Adjustments - 4 - January 8, •1987
BOARD OF ADJUSTMENT AND APPEALS
FINDINGS AND ORDER
•
WHEREAS, Prairie View Associates, a Minnesota Limited Partnership, Edina Sales and
Leasing, Inc., a Minnesota Corporation, and Ira Rosen, (hereinafter jointly referred
to as "Applicants") have made Variance Request 87-01 to the Board of Adjustments and
Appeals; and,
WHEREAS, Applicants have represented that Variance Request 87-01 is necessary for
the proposed use and improvement of property located within the City of Eden Prairie
and which is described on Exhibit A attached .hereto (hereinafter referred to as the
"property") ; and,
WHEREAS, there are circumstances unique to the Property, and granting the Variance
under the terms and conditions hereinafter described does not violate the spirit and
intent of Eden Prairie 's zoning and platting code; and,
WHEREAS, the applicants were previously granted Variance Request #86-44 which shall
now be null and void including the Board of Adjustments and Appeals Findings and
Order dated November 13, 1986; and
WHEREAS, all procedural requirements for review of said Variance have been met ;
THEREFORE, the Eden Prairie Board of Adjustments and Appeals makes the following
Order:
1. Applicants are granted the following Variances from Eden Prairie Code,
• Chapter 11 with respect to the Property;
A. A Variance is hereby granted from the requirements of Eden Prairie
City Code Chapter 11, Section 11 .03, Subdivision 3, J, 1, to permit
outside storage and display of no more than 30 motor vehicles of not
more than 3/4 ton capacity.
B. A Variance is granted from the requirement of Eden Prairie City
Code, Chapter 11, Section 11.03, Subdivisin 3, J, 2 to permit motor
vehicles of not more than 3/4 ton capacity to be displayed for sale
outside of the building on the property within an area of no more
than 58.46% of the ground floor area of the portion of the building
leased to Edina Sales and Leasing, Inc.
2• The Variances granted under Sections 1, A and B herein are specificially
conditioned on Applicants complicnace with the following requirements :
A. Implementation of the Variances, construction of any structures or
improvements on the Property, and use of the Property shall be in
accordance with the interior floor plan dated November 6, 1986,
which is attached hereto and incorporated herein as Exhibit B, and
the site plan dated March 3, 1986, revised May 10, 1986, and July
29, 1986, and attached hereto and incorporated herein as Exhibit C.
- EXHIBIT D
Board of Appeals and Adjustments - 5 - January 8, 1987
B. Applicants shall obtain a replatting and rezoning on the Property
• identified as "Proof of Parking" area on Exhibit C. Said replatting
and rezoning shall be for the purpose of providing 18 parking stalls
on said portion of the Property. At the sole discretion of the
City, it shall be determined whether additional parking spaces are
required to service the Property. Should additional spaces be
required, Owner of the Property agrees to construct, or Cause to be
constructed, hard-surfaced parking spaces in the area dsignated as
"proof of parking" in Exhibit C, attached hereto and made a part
hereof.
C. Parking stalls in the "Designated Auto Storage" area identified on
Exhibit C shall be identified by a minimum of four metal signs,
similar in size and lettering to a handicapped parking sign, posted
at the boundaries of the "Designated Auto Storage" area and shall
further be identified by colored striping on the pavement which is a
dissimilar color to that used for striping elsewhere on Prairie View
Shopping Center parking stalls.
D. There shall be no outside storage or display of motor vehicles by
applicant on any portion of the Property except the area identified
as the "Designated Auto Storage" area on Exhibit C, nor shall there
be any outside storage or display by Edina Sales and Leasing, Inc.
on any other property within the City of Eden Prairie.
E. All maintenance of motor vehicles, including, but not limited to,
• vehicle repair, washing and cleaning shall be done inside the
building on the Property.
F. Applicants shall comply with all provisions of Eden Prairie City
Code.
3. Applicants agree and represent that a violation of any of the terms and
conditions of this Order will cause immediate and irreparable harm to the
City of Eden Prairie and Applicants specifically acknowledge that City may
seek to enforce the the terms and conditions of this Order by temporary
restraining order, temporary injunction and injunction as well as by all
other remedies allowed to the City by law. In addition, Applicants agree to
pay all costs and expenses, including attorneys fees, which are incurred by
the City in enforcing the terms and conditions of this Order.
4. All rezoning, replatting, construction, erection, or other acts required of
Applicants to be in compliance with the terms and conditions of this Order
must be completed by March 1, 1987. In the event that all such acts are not
completed by March 1, 1987, the Variances shall be revoked at the expiration
of 15 days from the date notice of such nonconformance is mailed by City to
Applicants.
5. In the event the terms and conditions of this Order are violated, City may,
in addition to all other remedies afforded it herein and by law, terminate
the Variances upon the expiration of 15 days from the date notice of such
violation is mailed by City to Applicants.
6. The Variances shall be valid only so long as Edina Sales and Leasing, Inc.
operates a new or used retail automobile dealership on the Property and only
so long as Ira Rosen owns and operates Edina Sales and Leasing, Inc.
- -- EXHIBIT D
Board of Appeals and Adjustments - 6 - January 8, 1987
7. All notices required to be sent to Applicants by the terms and conditions of
this Order shall be sent by certified mail to the following addresses:
•
8. The Variances granted herein will be automatically revoked unless Applicants
execute the attached agreement within 30 days of the date of this Order.
9. All the terms and conditions of this Order shall run with the land and bind
all successors and assigns of Applicants. _
10. A copy of this Order shall be forwarded to Applicants by the Eden Prairie
City Clerk.
11. All Board of Adjustments and Appeals actions are subject to City counsel
review.
Eden Prairie Prairie Board of
Adjustments and Appeals
•
• EXHIBIT D
Board of Appeals and Adjustments - 7 - January 8, 1987
Prairie View Associates, a Minnesota Limited Partnership, Edina Sales and Leasing, a
Minnesota Corporation, and Ira Rosen all represent that they are the "Applicants"
identified in the above Order of the Eden Prairie Board of Adjustments and Appeals
and that they specifically agree to comply with and be subject to all the terms and
conditions of said Order.
By:
ACKNOWLEDGEMENT:
This document was acknowledged before me this day of 1987 by
the general partner of Prairie View Associates, a Minnesota
Limited Partnership, on behalf of the partnership.
Subscribed and sworn to before me this day of 1987.
NOTARY PUBLIC
• Edina Sales and Leasing, Inc.
BY :
ACKNOWLEDGEMENT:
This document was acknowledged before me this day of 1987 by Ira
Rosen, the president of Edina Sales and Leasing, Inc., a Minnesota Corporation, on
behalf of the corporation.
Subscribed and sworn to before me this day of 1987.
Notary Public
Ira Rosen
EXHIBIT D
Board of Appeals and Adjustments - 8 - January 8, 1987
• D. Request #87-02, submitted by U,S. Fish and Wildlife Services for
property located at 17650 Flying Cloud Drive. The request is for
a variance from My Code, Chapter 11 , Section 11 .03, Subd. 2, 8,
to permit a rural lot of 7.41 acres, City Code minimum acreage
for rural property is 10 acres .
Wayne Enquist,with the U.S, Fish and Wildlife Services ,reviewed
the request with the Board.
The U.S. Fish and Wildlife Services is acquiring a property of
approximately 1 .7 acres for the Minnesota Valley Wildlife Refuge.
The property is 12 acres on the south side of Highway #169. After
acquiring the parcel , it will leave the owner with 7.11 acres. A
variance is required in order for the remaining parcel to be less
than 10 acres.
Krueger inquired what the U.S, Fish and Wildlife Services would
do with the 1 .7 acre site. Enquist said that they would probably
leave the property as it is. There is a possibility that a trail
could be built.
MOTION: Krueger made a motion to approve Variance Request
#87-02, submitted by the U.S. Fish and Wildlife Services
with the following findings:
1 ) It is a piece of land split in half by Highway #169,
• 2) The 1 .7 acres will become part of the Minnesota Valley
Wildlife Refuge.
3) The piece of land that the owner lives on is already
undersized.
4) This variance request must be utilized within one year.
Sandvick seconded the motion. Motion carried unanimously.
E. Request #87-03, submitted by Northern States Power for property
located north of Highway #5 from Westgate substation at 15100
West 78th Street to the Eden Prairie/Chanhassen border, The
request is for a variance from City Code, Chapter 11 , Section
11 .03, Subdivision 3, F, to permit construction of steel ol`e
transmission lines at a height of 95 feet, (City Code maximum
is 55 feet).
Don Chmiel , senior consultant of Northern States Power, introduced
Jerry Larson, transmission planning with Northern States Power.
Larson stated that the reason for building the transmission line
is because the Chanhassen and particularly the Eden Prairie area,
is the fastest growing area in the five state area that NSP serves.
• The electrical demand has started to outstrip the capacity of the
existing transmission system. The transmission lines out there
Board of Appeals and Adjustments - 9 - January 8, 1987
that are presently serving the area have a capacity to supply a
• population of 25,000-27,000. The population of Eden Prairie
will exceed 30,000 by 1990. NSP is proposing to extend the line
from the Westgate substation, west along Highway #5, over to
Chanhassen (where a new distribution station is being installed)
and south to Scott County where it ties back into another piece
of the transmission network. With this line, NSP can withstand
an interruption to the line between Eden Prairie and Westgate
substation.
Larry Surfus, 17180 Park Circle, asked if the City of Chanhassen
had approved the site location. Larson said yes, all of the cities
had approved the site location.
Surfus asked if there was a reason that the transmission line had
to run north of Highway #5 as opposed to south of Highway #5.
George Warner, transmission engineer of NSP, said that the line
is on the north side to replace an existing line.
Surfus asked if the power from the Westgate substation went to
Chanhassen. Larson said that a portion of it did. The new dis-
tribution center, Bluff Creek, will feed Chanhassen and the
southern part of Eden Prairie.
Surfus asked what plant currently generates the power that flows
into the Eden Prairie location. Larson said that all NSP gen-
erators, including Red and North Dakota.
Krueger referred to the variance request for a transmission line
height of 95' with a City Code maximum of 55' . Chmiel said that
the needs are in accordance with the American National Standards
Institute plus the conductor clearance that they have between
the conductor, dictates the higher structure. The poles will be
single steel shaft poles. There are 46 poles presently adjacent
to the highway which will be replaced by 21 poles. There may be
3-6 structures that are 95' , 10 that are 80-85' , and the balance
will be lesser heights, down to 75' .
Krueger asked if the line will be level . Chmiel said yes , the
contours of the land will be taken into consideration.
Surfus said that the existing line is behind his property, 2'
from the bike path, to the south, Chmiel said that there would
be consideration in the spacing of the lines.
Warner stated that NSP is working with the State Highway Department
to accommodate their plan for future widening. The poles will be
spotted.
Tom Walters, 7680 Meadow Lane, asked why the poles could not be
put on the south side of the highway. Warner stated that there
• would be less interference on the north side. Walters asked for
an explanation of interference. Warner said that there would be
interference with the existing land use. Walters said that all
Board of Appeals and Ajdustments - 10 - January 8, 1987
residents are to the north of Highway #5. Warner said that one
• of the main reasons the poles are to the north of Highway #5 is to
clean up the area and replace old poles.
Walters had concern if the additional power brought in would pose
health hazards and interference with television or radio reception.
Warner said that studies indicate that there is no health hazard.
NSP has a policy that if there is any interference with radio and
television, they will correct it.
Walters inquired about the type of construction of the pole.
Warner said that they are proposing a tubular steel pole with a
singular shaft with cross arms. The pole will be two feet in
diameter at the ground line with a concrete foundation,
Surfus asked if the residents had any voice where the poles would
be placed. Sandvick said that committee could address the issue
of the spacing of the poles. Warner said that NSP had talked with
the City Staff and locations would be discussed with both the
cities of Eden Prairie and Chanhassen.
Lynch questioned if NSP could submit to the City Planning Department
a proposal of .future lighting standards for street parking, lot poles
and lighting fixtures consisting of downcast luminar lighting.
Chmiel said that regarding street lighting, particularly parking
lots, NSP does not get into installing lighting. The electrical
• contractors request, that NSP stay out of their business .
Lynch inquired about NSP submitting to the City Planning Depart-
ment a proposal of future lighting standards for street and parking
lot poles and light fixures consisting of downcast luminar lighting
within two months from approval . Durham said that there is a site
on Baker Road where NSP installed a light in a parking lot that is
not downcast luminar. There is a problem with glare off site.
Residents have called in with complaints.
Krueger felt that there could not be an attachment to the variance
request regarding the downcast luminar.
MOTION: Lynch made a motion to approve Variance Request
#87003, submitted by NSP,with the following findings:
1 ) NSP has had several public hearings on this request.
2) It is in long term beneficial to the future growth of
Eden Prairie.
3) The type of pole being used is architecturally pleasing.
4) This variance request must be utilized within one year.
• Dean seconded the motion. Motion carried unanimously.
Board of Appeals and Adjustments - 11 - January 8, 1987
i
• F. Request #87-04 submitted b Prairie Lutheran Church for property !
q Y .P p Y
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 , Section 11 .03, Subdivision 3, K, to permit construction of a church
building with 70% wood as a primary exterior building material , City
Code does not permit wood exterior building materials to exceed 25%, of
a building's exterior.
Merrill Ronning, pastor of Prairie Lutheran Church, reviewed the history
of the variance request to this point.
Prairie Lutheran Church was before the Board of Appeals and Adjustments
on September 11 , 1986. The Board approved a structure of 35% wood and
65% masonry, glass , or other acceptable material .
Ronning stated that 80 letters were mailed out to the surrounding
neighborhood. A neighborhood meeting was held at Pax Christi Catholic
Church. Concern was not that the church be brick or wood, but that the
church be an attractive building and not detract from the neighborhood.
Prairie Lutheran Church was not against the issue of brick. There was
no argument other than a money problem. Bids received were $200,000
over expectations.
• Ronning said that Prairie Lutheran Church now proposes to initially use
all wood for siding. A brick ledge would be installed for future brick.
The brick would be installed no later than five years from the issuance
of the Phase I Occupancy Permit. Before the building is constructed,
the basement may be eliminated, which would result in a lower percentage
of future brick.
Lynch wondered if the ordinance is right for manufacturing concerns,
apartment buildings, industrial and commercial operations, why it isn 't
right for churches.
Ronning said that the money factor would be solved in a few years as the
congregation grows. Money is borrowed from the national church at 8%.
In five years, the debt would be considerably paid off.
Lynch remarked that St. Andrew was not a sterling example of a wood
structure and was a mistake. Ronning said that they would not make a
mistake as brick would be added.
Krueger inquired how the City guarantees that brick would be put on.
Durham said that it is done through a bond or a letter of credit.
Ronning stated that the difference in cost of wood and brick or masonry
is $45,000 based on 65%.
Ronning noted that a church is in a residential area where wood is the
primary material , It would complement the surrounding residential land
use.
Board of Appeals and Adjustments - -12 - January 8, 1987
Lynch said that the ordinance was written because of the maintenance
• factor for a permanent type structure. A stain would have to be put
on similar to St. Andrew, which was a mistake. Also, similar variance
requests other than for churches that came before the Board were
turned down.
Ronning stated that many people feel that St. Andrew is a beaut 4ul
structure. It is a matter of choice and opinion.
Lynch inquired is Prairie Lutheran would build a square brick structure
if the proposed building were denied. Ronning said that the church is
needed so that it would be built. If brick is the issue, the architects
design would be changed.
Lynch said that looking at $45,000 would be $150,000 five years from
now. There is an inflation factor to deal with.
Krueger inquired about the rest of the church facilities, Roger
Sjobeck, architect, said that a change in design plans had moved the
building further uphill and raised the grade which had provided less
exterior surface.
Krueger said that the City tries to eliminate putting conditions on
things that could come up in the future and cause potential problems.
The City does not want to be policeing.
. Krueger stated that the reason for granting a variance is an unusual
hardship, The Board tries to get away from granting variances on a
financial basis. Everyone would want a variance that had financial
difficulties. Ronning said that a couple of variance requests this
evening had a financial issue. Lynch disagreed.
Lynch said that the issue is that the City has ordinances that state
a percentage of permanent material needed on a portion of a building,
If the ordinance is wrong, it should be changed.
Sandvick said that the spirit of the ordinance was put in primarily
for commercial use, The church sits in a residential area, has
aesthetic values and is not considered a commercial building per se.
Part of the ordinance doesn't address every single part of the
community, The Board must weigh the request on an individual basis
and individual merits, Sandvick felt that the bottom line could be
dollars.
Lynch asked if the ordinance could be rewritten to deal with commercial
and industrial buildings, Sandvick said that there had to be some
cl ari fi cation.
Sandvick said that the proponent had made efforts to bring the request
up to the ordinance. The grades had been moved up which had reduced
the percentage,
• Sandvick mentioned the five year plan. Lynch felt that the five year
plan had no possibilities.
'.I
Board of Appeals and Adjustments - 13 - January 8, 1987
Sjobeck-said that when the addition is put on, brick would be added
which would be no later than five ;ears.
i
Sandvick asked if.-that would bring it up to the ordinance. . Durham
said no; that would be 68% wood and 32% brick with the basement in.
Sandvick inquired what the percentage of wood was. Sjobeck said 'that
it would be 60% with the addition.
Krueger felt that it was not fair for other people who had to build
their churches according to the ordinance.
Durham read from the City Code book, Chapter 11 , Section 11 .03, Sub-
division 3, Section K, Design Standards : "All sites and structures
within all Districts except the Rural , R1-44, R1-22, R1-13.5,
R1-9.5, and RM 6.5 shall be developed in accordance with plans and .
specifications prepared by a registered professional landscape
or building architect respectively. Exterior building finishes in
these Districts shall consist of materials comparable in grade and
quality to the following: 1 ) face brick; 2) natural stone; 3)
specially designed precast concrete units if the surfaces have been
integrally treated with an applied decorative material or texture';;
Sandvick asked if the word "commercial " was used. Durham said that
it stated "all sites and structures within all Districts. " Durham
said that the property in question is zoned Public. Sandvick noted
that commercial is entered into the interpretation then.
• Sjobeck said that maybe the Code should be studied. When Prairie
Lutheran Church started out, they had to change the Guide Plan and
rezone the piece of property from Residential to Public. In a sense,
it is "spot zoning. " There is no piece of property in the City that
-is included in the Guide Plan as "church": The only way that a
church can be built in Eden Prairie is to change the Guide Plan and
the zoning. Durham said that there were approximately two church sites
that are on the Guide plan.
Sjobeck stated that the church is located in a predominately residen-
tial zone because that is where the people are. It is totally different
from an apartment, office or an industrial building that is located in
a zone that is set aside for that function.
I
A model of the proposed church was displayed.
Krueger said that he would like to see some brick. He is concerned with
what the building' is going to look like.
Lynch stated that the building must be aesthetically pleasing. At the
September 11 , 1986 meeting 65% masonry was approved. Possibly,50%
masonry would be the correct percentage to make the building architect-
urally correct.
• Lynch asked what percentage Prairie Lutheran had calculated. Sjobeck
said that-they planned on 32% brick,including a basement and 30% brick-
with no basement. - This would depend on cost negotiations.
-Board of Appeals and Adjustments - 14 - January 1987
Krueger asked when they planned to start building. Sjobeck said that
they planned to start construction the end of March.
• Krueger said that he had no problem with the numbers, but would ;like to
see a plan. Sjobeck said that a plan could be furnished.
There were no comments from the audience.
MOTION: Lynch made a motion to approve Variance Request #87-04,
submitted by Prairie Lutheran Church with the following findings:
1 ) 30% of the building 'be brick according to the architects plans '
dated December 11 , 1986. .
Sandvick seconded the motion. Motion carried unanimously.
Lynch pointed out that the proponent had the opportunity to
appeal the Boards decision to the City Council .
G.. Request #87-05, submitted by William and Dorothy Gilk for property
located north of Scenic Heights Road.. The request is for a variance
from City Code, Chapter 11 , Section 11 .03, Subdivision 2, B, to permit
construction of a single family dwellin with the following setbacks:
1 A front yard setback of 30 feet (City Code- requires 50 feet in the
Rural Zonin District 2 A side yard setback of 25 feet on the south
lot lineand a total of 59 feet for both sides, (City Code requires a
minimum of 50 feet from one side and a total .of 150 feet both sides in
• the Rural__Zoning District).
Bill Gilk, proponent, reviewed the request with the Board.
Site plans were displayed.
Gilk was before the Board on September of 1985. The request at that
time was: 1 )' To permit a Rural lot size of approximately 5.57 acres
2) To permit a lot without frontage on a public dedicated street
3) To permit a minimum lot depth of ,187.7 feet. The variance was
approved with the following findings: 1 ) The parcel is compatible with
the surrounding homes and neighborhood. 2) There were no unfavorable
comments from the neighbors. 3) Variances for building setbacks must
be granted prior to issuance of a building permit.
Gilk stated that placement as requested is necessary to allow hookup to
the sanitary sewer which had been assessdd to the property. Due to the
topography and sanitary sewer constraints, location of the home is limited.
Lynch asked the size of the lot. Gilk replied that the lot was 5, acres.
Lynch noted that there are not too many options. Gilk said that .variances
to build the home are needed for anything that would be built there.
Gilk stated that the entire area is zoned Rural .
• Lynch said that with large lots it is difficult to get an average setback.
It does not appear to be out of norm with the surrounding homes.
Board of Appeals and Adjustments - 15 - January 8, 1987
Gilk stated that it was the last lot that he had.
There were no comments from the audience.
MOTION: : .Dean made a motion to approve-Variance Request #87-05,
submitted by William Gilk with the following findings:
1 ) This variance request must be utilized within one year.
Lynch seconded the motion. Motion carried unanimously.
III. OLD BUSINESS
None
IV. NEW BUSINESS
None
V. ADJOURNMENT
MOTION: Sandvick moved, seconded by Krueger, to adjourn the meeting at
9:20 PM. Motion carried unanimously.
•
•