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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 03/12/1987 I APPROVED MINUTES • BOARD OF APPEALS AND ADJUSTMENTS THURSDAY, MARCH 12, 1987 7:30 PM, ADMINISTRATION BLDG. , SCHOOL BOARD ROOM 8100 SCHOOL ROAD BOARD OF APPEALS MEMBERS: Chairman Ron Krueger, Hanley Anderson, Roger Sandvick, William Arockiasamy, Lyn Dean, Steve Longman and Dwight Harvey BOARD STAFF: Assistant Planner, Steve Durham and Recording Secretary, Lynda Diede ROLL CALL: Anderson and Sandvick were absent. I. MINUTES A. Minutes of January 8, 19875 and February 12, 1987. Approval of the minutes was continued as there was not a quorum present from these two meetings. II, INSTALLATION OF BOARD MEMBERS • A. Harvey and Longman were sworn in by Durham as Board members of the Board and Appeals and Adjustments. III. ELECTION OF OFFICERS Election of officers was continued until there was a full Board. IV. VARIANCES A. Request #87-10, submitted by Richard .J. Perry for property located at .11198 Burr Ridge Lane, Eden Prairie, Minnesota. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subdivision 25 A, 9, to permit a driveway 0' from the side lot line and to allow a driveway to cross the extension of the property line to the curb line City Code does not permit a driveway closer than 3' from_ a side lot line or to cross the extension of the property line to the curb line . Richard Perry, proponent, presented the request to the Board. Plans for a three car garage were submitted to the City in March of 1986. They were rejected because the front yard setbacks were not met. Changes were made and the final plans were approved with a split three car garage. The third stall was located behind-the 1.�io stall portion. The building met all -structure setbacks. ;'� neighbor` questioning the location of the third stall driveway had it re- surveyed and the driveway was 18" on his property. Code requires all residential driveways to be 3' from a side lot line and not Board of Appeals and Adjustments - 2 - March 12, 1987 cross the extension of the lot line to the curb. Perry is request- ing the third stall driveway be 0' from the northwest 'side lot line and cross over the extension of the property line to the curb. The applicant will move the driveway to be completely on his property. Krueger asked what the neighbors felt regarding the variance. Perry said that the neighbor that brought up the issue was the builder. The builder has no argument if Perry moves the driveway off his property. Durham said that the ordinance was established so that driveways do not cross someone elses front yard area after -it leaves their property. Harvey asked if the driveway was built in accordance with the plans submitted to the City. Perry said yes, they had a permit. The driveway was actually laid in error. MOTION: Arockiasamy made a motion to approve Variance Request #87-10, submitted by Richard Perry with the following findings : 1 ) The proposed 90 degree angle street approach is in the best interests for public safety. 2) This variance request must be utilized within one year. Dean seconded the motion. Motion carried 4-0-1 . Krueger • abstained. B. Request #87-11 , submitted by Birchwood Laboratories, Inc. for . property located at 7900 Fuller Road. The request is for a variance from City Code, Chapter 12, Section 12.30, Subdivision_ 12, A, to permit platting of proposed Lot 4 in the Birchwood Labs plat without lot frontage on a publicly dedicated street 1.qity Code requires all lots to have frontage on a publicly dedicated street) . Paul Thorp, representing Birchwood Labratories, Inc. , reviewed the request with the Board. They are building a mini-storage facility on Lot 1 . In order to get a building permit, the whole property was required to be platted. The lot in question, Lot 4, has existed as a separate parcel for quite a few years. Harvey asked if the City had any plans to extend Fuller Road. Durham said no. Krueger asked why they didn't plat a little section into Lot 4 so that it touched the cul-de=sac. Durham said that could've been an alternative, but would neccesitate additional variances. Durham stated that the property was zoned in 1969. • MOTION: Longman made a motion to approve Variance Request #87-11 , submitted by Birchwood Labratories, Inc, with the following findings: Board of Appeals and Adjustments - 3 - March 12, 1987 1 ) Planning Commission and City Council have reviewed and • approved the preliminary plat. 2) Due to existing land use, existing parcel 4, historically, did not have access to a publicly dedicated street. The preliminary plat design could not be designed to include a 4 lot subdivision without initiating other variances. 3) Alternatives will create additional variances. 4) Approval is subject to the recommendations of the Planning Commission. 5) This variance request must be utilized within one year. Dean seconded the motion. Motion carried unanimously. C. Request #87-12, submitted by New American Homes Corporation Cardinal Hills for property located north of Cardinal Creek Road, west of I-494. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subdivision 2, B, 1 To permit proposed Cots 11 , 12, and 13, Block 3 with front lot widths less than 85' City Code requires 85' ) , and 2 To ermit proposed Lot 20, Block 2 and Lot 1 , Block 1 , with an average lot width less than 85' City Code requires an average lot width of 85' • Frank Kraemer, vice president of New American Homes Corporation, presented the request to the Board. The proposed Cardinal Hills subdivision will consist of 57 single family lots. The preliminary plat was reviewed by the Planning Commission and received approval . The City Council reviewed the proposed subdivision and approved 1st Reading. Three lots, (11 , 12 and 13) of Block 3 do not meet the 85' lot frontage. They are on a 90 degree angle with a radius of 150' . This situation is similar to cul-de-sac situations. The City ordinance does not address this situation, but does address it in a cul-de-sac. A 70' frontage is proposed on the lots. The second request concerns Lot 20, Block 2 and Lot 1 , Block 1 . Lot 1 , Block 1 , does not meet the average lot width of 85' . Krueger inquired about the lots on a sharp curve. Durham said that when 85' is required for the lot frontage on a curved street approaching 90 degrees, and having a radius of 150' , the lots created would deviate significantly from the surrounding lots. Large pie shaped lots would be created. Durham said that there is a correction on the plans submitted. Lot 13 does have 85' lot frontage. Lots 11 and 12 would be 75' . Kraemer said that the final plat will have three 70' frontages. Longman inquired about the changes in the final plat. Krueger • said that there were some changes in the alignment of the road, as required by the City, so the street name could be changed. Board of Appeals and Adjustments - 4 - March 12, 1987 Kraemer said that Cardinal Creek Road would go straight out to • Baker Road. Public Safety had concern. The road off of Baker Road will be called Cardinal Hills Road. Lot lines had to be switched to accommodate the wishes of the City. Frontages had to be reduced to 70' in the final plat. The lot width is still 85' at the building line. Durham said that the variance was published at 75' lot frontage. The Board cannot approve a variance smaller than that. The variance must be republished. The present request could be withdrawn. Also, a portion of the request could be dropped. Krueger said that the intent of New American Homes was to make the lots as deep as possible so that the residents could enjoy the area next to the creek. Kraemer said that all the lots could be cut back and outlot A made larger. Durham said that if Lot 1 , Block 1 was 78' in the back, it would meet code. Longman asked the minimum square footage of R1-13.5. Durham said that it was 13,500 square feet. The average in the subdivision is 23,400. Krueger stated that the designation on the site is Medium Density Residential . Opposition had been met from the neighborhood, so a • single family development had been proposed. Harvey asked if New American Homes would be building the homes. Kraemer said that it had been left open at this point. A portion of the homes will probably be built, as New American Homes are a home building company. Fifteen other builders had expressed an interest in the lots. Arockiasamy inquired about Lot 20, Block 2. Kraemer said that New American Homes had dropped that variance request. It is proposed as an outlot. In the realignment of the road going out to Baker Road, the lot had been lost. The neighboring landowner will receive outlot C. Harvey asked if the same thing could be done with Lot 1 , Block 1 . Kraemer said that the owner, Osar Miller, had requested that no development be done on his site. Oscar Miller, 6521 Baker Road, stated that he had not entered into any development on his property other than the road going through. Krueger said that Miller did not want his house sold so plans were made to have it moved elsewhere on his property. Longman asked if moving of the road would save the oak trees. Kraemer said yes, 660" of oak trees would be saved by moving the road further • south. Board of Appeals and Adjustments - 5 - March 12, 1987 Arockiasamy asked if there was merit in taking land area from Lot 2 and Lot 3, Block 1 , to minimize the variance request on Lot 1 , Block 1 . Kraemer said that they wanted to minimize the variance request and to have the lot widths at the rear of the building pad as wide as they could. The development to the west of Lot 1 , Block 1 , will not be developed. Any subsequent development would have to provide a rear lot width on the road. Harvey asked if a similar situation would occur if Miller develops his property. There could be an average width problem on the adjacent lot to the west. Kraemer said that it would be taken care of in future development as the lots would be pie shaped. Harvey said that there is a 25% difference from proposed 'average lot width to what the code allows. Possibly, a different alternate could be arrived at. Krueger mentioned spreading out the difference into Lot 2 and Lot 3 to make it conform. Arockiasamy said that it still would not satisfy the average width, but the deviation of the variance would not be as much. Harvey said that an alternative would be to eliminate the lot and add the land to the other lots. Krueger said that the variance request will be withdrawn and repub— lished with requested variances for Lots 1 , 2, and 3, Block 1 , having . lot widths less than 85' and Lots 11 , 12, and 13, Block 3, having lot frontages of 70' . Kraemer said that they would withdraw the request and apply for the April 9, 1987 meeting. D. Request #87-13, submitted by Countryside Investments (The Tree Farm) for property located south of County Road #1 and west of Surrey Street. The request is for a variance from City Code, Chapter 11 , Section 11 .03, Subdivision 2, B, to permit proposed Lots 22 and 23, Block 2 with front lot widths less than 85' City Code requires 85' Arvid Schwartz, developer of the property, reviewed the request with the Board. The proposed Tree Farm is a 72 lot subdivision that will consist of single family lots , The frontage of Lots 22 and 23 does not meet the 85' requirement. The lots are on the outside of a curve. Krueger inquired about ordinance changes regarding curved lots. Durham said that the City is investigating alternatives to an 85' frontage where lots approach a 90 degree angle and have a radius of 150' . The degree of the arc of the street must be figured out. MOTION: Longman made a motion to approve Variance Request #87-13, submitted by Countryside Investments with the following findings: 1 ) It is a reasonable hardship. Board of Appeals and Adjusments - 6 - March 12, 1987 2) The City Council is considering changing the ordinance for lots with ninety degree curves . 3) This variance request must be utilized within one year. Harvey seconded the motion. Motion carried 4-0-1 . Krueger abstained. IV. OLD BUSINESS None V. NEW BUSINESS Attendance of Board members was discussed. Durham said that the Board can set their own by-laws regarding attendance. The April 9, 1987 meeting may be lengthy. Durham will request the presence of the City Attorney in conjunction with the Superamerica request. A special meeting, on March 23, 1987, regarding a setback variance, was brought to the Board members attention. ; VI. ADJOURNMENT • MOTION: Arockiasamy made a motion to adjourn the meeting at 8:30 PM. Harvey seconded the motion. Motion carried unanimously. •