HomeMy WebLinkAboutBoard of Adjustments and Appeals - 10/08/1987 APPROVED MINUTES
• THURSDAY, OCTOBER 8, 1987 7:30 PM, CITY HALL COUNCIL
CHAMBERS, 7600 EXECUTIVE DRIVE
BOARD OF APPEALS MEMBERS: Chairman Ron Krueger, Hanley Anderson,
Roger Sandvick, William Arockiasamy,
Lyn Dean, Steve Longman and Dwight
Harvey
BOARD STAFF: Assistant Planner, Jean Johnson and
Recording Secretary, Lynda Diede
ROLL CALL: Sandvick and Anderson were absent.
'I. MINUTES
A. Minutes of September 10, 1987.
MOTION: Dean made a motion to approve the minutes of September
10, 1987. Harvey seconded the motion. Motion carried 4-0-1 .
Krueger abstained.
II. VARIANCES
A. Regeust #87-59, submitted by Suburban National Bank for property
located at 16570 West 78th Street, Eden Prairie, Minnesota. The
• request is for a variance from City Code, Chapter 11 , Section 11 .70,
Subdivision 4, D, to permit the existin free-standing pylon sign
to be raised to a height of 30' , City Code allows 8' Lei ht in
the Office Zoning District) .
This variance request will be continued to the November 12, 1987
meeting at the request of the proponent.
B. Request #87-61 , submitted by Stewart Wright for property located
at 18407 Avon Court, Eden Prairie, Minnesota. The request is for
a variance from City Code, Chapter 11 . Section 11 .03, Subdivision
2, B, to permit a deck 20' from a front property line (City Code
requires a 30 minimum front yard setback).
Mrs. Stewart Wright, proponent, reviewed the request with the
Board. A building permit was issued for a deck addition in
June of 1986. The footings for the deck were inspected on
April 20, 1987. A stop work notice was received from the City
on August 14, 1987, when the deck was 90%+ completed.
The request is for a 20' front yard setback from Dell Road.
City Code requires a 30' minimum front yard setback.
Longman felt that the situation was beyond their control .
• MOTION: Arockiasamy made a motion to approve Variance
Request #87-61 , submitted by Stewart Wright with the
following findings:
Board of Appeals and Adjustments - 2 - October 8, 1987
1 ) The owner of the property followed proper procedures in
applying for and receiving a building permit for a deck
addition.
2) The error in front yard setback was not identified until
the deck addition was 90%+ completed and received a
footing inspection by the Building Department.
3) Removal of the deck could be considered a hardship consider-
ing previous approvals given by the City Building Department.
4) This variance request must be utilized within one year.
Dean seconded the motion. Motion carried unanimously.
C. Request #87-62, submitted by Roger L. Lindeman for property
located east of U.S. Highway. '169 and south of Williams Mini-
Storage; Eden Prairie, Minnesota. The request is for a variance
from City Code, Chapter 11 , Section 11 .03, Subdivision 2, B,
TT-To permit an industrial lot size of 1 .68 acres City Code
requires a minimum lot size of 2 acres in the I-2 Zonin District) ,
2 To permit an average lot width of 151 feet (City Code minimum
lot width requirement is 200 feet) , 3 Subdivision 3, H, to
permit 58 parking stalls City Code requires 67 parking stalls) .
This variance request has been continued until the December 10,
1987 meeting at the request of the proponent.
• D. Request#87-63, submitted by Paul Fraatz for property located at
16400 Valley Road, Eden Prairie, Minnesota. The request is for a
variance from City Code, Chapter 11 , Section 11 .03, Subdivision 3,
C, to permit the location of a garage 30' from the front pro pert
line City Code requires a 74' front yard setback according to the
average existing setback of the legal block.
This variance request has been withdrawn.
E. Request #87-64, submitted by Mark and Mary Bollinger for property
located at 6940 Barberry Lane, Eden Prairie, Minnesota. The request
is for a variance from City Code, Chapter 11 , Section 11 .03, Subdiv-
ision 3, C, to-permit construction of a garage addition 31 feet from
the property line (City Code requires a 51 foot front yard setback
according to the existing average setback of the legal block) .
Mark Bollinger, 6940 Barberry Lane, presented the request to the
Board. A two car garage addition to the front of the home is
proposed. The addition would be set back 31 ' from the front
property line.
Bollinger stated that the alternative plans would require removal
of several mature trees.
Board of Appeals and Adjustments - 3 - October 8, 1987
Krueger asked if the addition could be set back farther,
Bollinger said that to go back farther, he would still have
• to go around the end of the house with a driveway where
the trees are. Additional grading would also be required.
There were no comments from the audience.
Bollinger stated that neighbors had been spoken to and there were
no problems.
Harvey inquired how far back the house was . Bollinger said that
the house was 53' back.
Arockiasamy asked if the driveway would be wider. Bollinger said
that the driveway would be the same. The driveway is 18" at the
street and flares out at the house.
There were no comments from the audience.
MOTION: Harvey made a motion to approve Variance Request
#87-64, submitted by Mark and Mary Bollinger with the following
findings:
1 ) The proposed garage addition will create least disruption
to existing mature trees on the site. In addition, the
garage addition will still meet the 30" required front
yard setback in the R1-22 Zoning District.
• 2) The mature trees screen the conflicting setback.
3) This variance request must be utilized within one year.
Arockiasamy added that an alternative location would require
a variance.
Longman seconded the motion. Motion carried unanimously.
F. Request #87-65, submitted by M. Austin Smith and Leo T. Furcht for
property located at the southeast corner of Joiner Way and Prairie
Center Drive, Eden Prairie, Minnesota. The request is for a var-
iance from City Code, Chapter 11 , Section 11 .03, Subdivision 3,
H, to permit parkinq at 4.8 stalls per 1 ,000 square feet or 90
parking stalls (City Code requires arkinq at 6 stalls per 1 ,000
square feet or 113 parking stalls .
Jeff Carlstom, architect, representing M. Austin Smith and Leo T.
Furcht, reviewed the request with the Board.
Site plans were displayed.
The request is for an off-street parking variance of 23 spaces.
The proposal is to provide 90 spaces, a •reduction of 23 spaces.
Board of Appeals and Adjustments - 4 - October 8, 1987
Carlstrom stated that experience has shown that six parking
spaces per 1 ,000 square feet is far more than needed to adequately
• meet the needs of an auto mall type use.
Carlstrom said that the space which would be used for the 23
parking spaces will be used to create a higher berm and additional
landscaping to more effectively screen the south side of the
project from T.H. 169.
Carlstrom stated if the use of the auto mall building changes to a
more intensive retail use requiring additional parking, the area
proposed to be bermed and landscaped can be removed and converted
to 24 parking spaces so that the number of spaces required under
the Zoning Ordinance is met.
Carlstrom said that letters from each tenant indicate that less
parking is appropriate for an auto mall .
Krueger asked if the parking ordinance could be expanded. Johnson
said that it could use further defining.
Carlstrom said that a variance was granted in 1984 at the Eden
Prairie Car Care Center to allow 77 parking stalls versus the
required 153 parking stalls . This was 50.4% of the ordinance.
No parking violations have been noted to this date.
There were no comments from the audience.
Carlstrom said that the extra berming and landscaping necessary to
screen the overhead garage doors serving auto mall uses can be re-
moved if the building is converted.
Harvey inquired about the zoning. Johnson said that it was C-Reg-
Sery and it would remain that way, even as retail .
MOTION: Harvey made a motion to approve Variance Request
#87-65, submitted by M. Austin Smith and Leo T. Furcht with
the following findings:
1 ) Planning Commission has reviewed and recommended approval
of the development proposal to City Council .
2) Based on the Eden Prairie Car Care Center, a similar use,
which was granted a variance for reduced number of parking
stalls. No parking violations have occurred at that site.
3) Based on letters submitted by proposed auto mall users
stating their retail uses require a lesser number of
parking stalls than City Code requires.
4) This variance request must be utilized within one year.
Dean seconded the motion. Motion carried unanimously.
Board of Appeals and Adjustments - 5 - October 8, 1987
G. Request #87-66, submitted by Jerald Benson for property located
at 7307 Hunters Run, Eden Prairie, Minnesota. The request is
ifor a variance from City Code, Chapter 11 , Section 11 .03, Sub-
division 2, B, to permit construction of a room addition 28'
from the front yard property line Cit Code re uires a 30'
setback from the front yard property line) .
Jerald Benson, 7307 Hunters Run, presented the request to the
Board. A three season porch with a fireplace, is proposed,
measuring 12' x 16' . Building Code requires the room be 12'
in width to accommodate the fireplace.
Photos were displayed.
Benson stated that the area into the 30' setback is very small ,
approximately 2' x 2' .
Mrs. Jerald Benson said that the corner slab is over the line. It
is 42' from the street.
Mr. Black, contractor, stated that there is really no alternative.
It is the only logical place for the porch.
Longman asked if there was any way that the porch could be pulled
back. Mrs. Benson said no, it couldn't go any farther back.
Mrs. Robert Decker, 7320 Hunters Run, said that she was in favor
• of the request. Black built them a three season porch and it is
very good quality. It will not be an eyesore.
Lawrence Spading, 7310 Hunters Run, stated that the porch would be
an attractive addition to the house.
Longman said that the proponent had done a good job coming up with
some alternatives. Also, there could be a hardship in this part-
icular instance.
MOTION: Longman made a motion to approve Variance Request
#87-66, submitted by Jerald Benson with the following find-
ings:
1 ) This variance request must be utilized within one year.
Harvey seconded the motion. Motion carried unanimously.
H. Request #87-67-M, submitted by Wayne Brown. The request is to
move a detached three car garage from 10080 Bennett Place to
10200 Wild Duck Pass, Eden Prairie, Minnesota.
Wayne Brown, proponent, reviewed the request with the Board.
His existing three car garage at 10200 Wild Duck Pass is almost
identical to the garage at 10080 Bennett Place. The structure
is is a single story building with cedar shakes .
Brown stated that he would remove the existing garage if he gets
approval to move this one.
Board of Appeals and Adjustments - 6 - October 8, 1987
Harvey inquired if bond would be posted. Brown said yes. Johnson
stated that a $1000 deposit is required.
• MOTION: Krueger made a motion to approve Variance Request
#87-67-M, submitted by Wayne Brown with the following find-
ings:
1 ) It will enhance the neighborhood.
2) The existing garage at Wild Duck Pass be removed.
3) The Board require a bond to insure the cost of any
damages to public and private property along the moving
route.
4) This variance request must be utilized within one year.
Arockiasamy seconded the motion. Motion carried unanimously.
I. Request #87-68, submitted by Vantage Companies for property
located at 7905 Golden Triangle Drive, Eden Prairie, Minnesota.
The request is to have the Board of Appeals and Adjustments
grant again continue Variance Request #86-43 which included
the following variance: A variance from City Code, Chapter 11 ,
Section 11 .03, Subdivision 3, f, to permit construction of a
transmission tower at a height of 100 feet City Code maximum
for a transmission tower in the I-2 Zoning District is 65 feet) .
• MOTION: Longman made a motion to approve Variance Request
#87-68, submitted by Vantage Companies. Arockiasamy
seconded the motion. Motion carried 4-0-1 . Harvey abstained.
III. OLD BUSINESS
A. Superamerica Variance Request #87-17
Jean Johnson stated that progress to complete the conditions of
Final Order #87-17 are nearing completion.
One homeowner, Marlys Lehrke, 16475 Terrey Pine Drive and Ashland
Oil have not come to an agreement. (Exhibit A)
Johnson said that the Board of Appeals and Adjustments is the appro-
priate governing body to review the matter. It was Lehrke's request
to have the Board review the items even though she was unable to
attend the meeting.
Dan Tyson, attorney, stated that Ashland Oil agreed to put in side-
walks and neighborhood fences. Two houses would be affected. (Exhibit
B)
Lehrke requests:
• 1 ) The purchase of my property by Ashland Oil . The profit or loss
Board of Appeals and Adjustments - 7 - October 8, 1987
to be realized by Ashland Oil at the time they resell the property.
. The Ashland Oil response to this proposal is unclear to me.
The Board did not agree to this request.
2) The replacement of my driveway at the expense of Ashland Oil . The
present condition of the driveway is acceptable to me for use as a
driveway. However, the sidewalk that has been put in has caused my
driveway to become a public walkway. Ashland Oil has offered to pay
only 50% of the cost.
SuperAmerica is willing to pay 2 construction cost.
3) The construction of a concrete and stone or brick mail box post
to protect the mail boxes and the property from vehicles that are
out of control. I had thought that this was agreed to, but it is
not listed in the attached letter.
The Board said that this was not advisable.
4) The construction of fencing from the east side of my house to the
retaining wall and the planting of one tree to act as a transition
between the two. This has been agreed to in full by Ashland Oil .
This was agreed to in full by Ashland Oil .
5) The planting of a row of trees along the east lot line, from the
sidewalk, south to the retaining wall , and one tree along the side-
walk to the west. This was not agreed to by Ashland Oil .
SuperAmerica will put plant material in or pay for construction cost
of 2 driveway.
MOTION: Arockiasamy made a motion that the Board submit the
following findings to the City, Ashland Oil and Marlys Lehrke:
1 ) No definite perimeters were established with the motion at
the public hearing.
2) SuperAmerica has complied with the Board's findings on the
original order and their response of October 2, 1987, is
appropriate action.
Harvey seconded the motion. Motion carried unanimously.
IV. NEW BUSINESS
A. Height Planning in Major Center Area
Johnson referred the Board to the enclosed memo in their packet and
stated that the Board could review the alternatives and get back
with their comments later.
• V. ADJOURNMENT
MOTION: Krueger moved, seconded by Harvey, to adjourn the meeting at
8:30 PM. Motion carried unanimously.
�
-
. EXHIBIT A
' -
Vari�nce Boar�
of Eden Pr�irie
Prairie C�ty HaIl ,
Eden P�airie, MN 55344
/
Oct. �, 1987
�ear Si�s:
Please acce�t this Ietter in l�eu �f my �resence at t�e next
meetin� of �he Variance Board'
The d�c�siom �� the Ci�y ��f Ede� �rair�� t� grart A�hIand Oil
the drivewav variance was made with th� �rc`vision that they provide
the affected �ro�ertv owners wit� "sc�eenin�, shrub��ry, or whar �vz�
thev wemt. "
Bver the past several w�s^ks`, � have h�d conversations wit� Dan
Tyson - Attorney for AshIand Oi� , ���eve Durh�m - [�itv Planning �eoar�men�.
amd Rick F�osuw - Citv A��ormey' Th�se discussicms were an effort on mv
oart to g�t�er �nfor�ation and to ar�ive at some oossibIe soIution�.
B�sed cm the loca�i�n an� �ondi��on of �y rrooe�tv^ I b�ve p��oosed
�he foIIowin� :
1 ' The ourch�s� of �� �r�oertv by Ashland BiI . T�e �rofit �r loss t-�
reaIized by Ash�and O�l �t �he time they reseIl �h� pr�oertv'
��� Ashl�nd Oil resp�n�e �� ���s prop��aI is un�lear t� me.
2. The re�l�cement c�f my �rivew�v at �he ex�ense c'f AshIan� �iI . /^^'.'
T��e �r�sent conditio� �f the �ri�eway is accs��a�le to me for use as � -"' ^^
or�veway ' ��owever, the �idewalk �h�t has been �ut i� ha� cau�ed my
dr�ve*ay to become e oubIi� wal�way. As�lan� Sil �as offe�ed �o pav onIy
5O% ofthe c���.
3. T�e c��struction of a �oncrete and st�oe or brick mai I box �os� �` ^
to �rot�ct the nnail �zxes and the pro�ertv from vehi�Ies that are oot
of cont�oI . I ha� thought �hat this wa� agreed to, but it is not l�sted
in the attached le�ter'
u' T�e �onstruction of fencino �rom �he east s�de of mv house ±o �he -��
ret�i�i:� waIl and the �Ianting of 1 tree to act �� a t�ansition �etween
��e t�u. This has ���n apr��d �� iz ful � by �shI�nd �il ~
5. The �Ient��� of a row of �rees along ±he e�s� l�� I �ne, fr�� �h�
sidewa�k ,�outh, �o the r�7 ning �a� I ' �nd 1 tree alono t�e �i�e�aIk �� '
�oe west. T>i� ��s no� a�reed �o �y Ashlan� O�I .
� �a"e ��nsid�red other "o�sibilit�es . �u� �a"e d�sm�ss�d �hem as
e�th�r i.p�r�c��cal or inconseouenti�� ' Scme �f ��e� are:
- 7,lan�in� ��ee� in a sc���ere� manner south �f t�e s��e�alk
' - the $Z00 exoense *ouc�e� fr�m ,�shIan� �i� for room �ark�nino she�es
. .
� �
,
-
' .�
-~ ^
� f�eI th�t the item� I .h�ve reques�e� ar� fa�r a�d rees�n��l� a��
shouId b� a�reed to by AshI�nd Oil .
Thank You.
-
�inc�rely~
MarIvs �ehrke
��475 Terr� P�ne Dr�ve
�den Prai�ie, MN 55344
��
��
���&
���
�
EXHIBIT B
GUSTAFSON&c TYSON, P.A.
GREGORY D.GUSTAFSON ATTORNEYS AT LAW
DANIEL R.TYSON SUITE 411
WILLIAM M.HABICHT 7400 METRO BOULEVARD
JOSEPH J.DEUHS,JR.
EDINA,MINNESOTA 55435 OF COUNSEL
HARRY GUSTAFSON
TELEPHONE(612)835-7277
FAX:(612)835-3070
October 2, 1987
Ms. Marlys Lehrke
16475 Terrey Pine Drive
Eden Prairie, Minnesota 55344
Re: My Client: SuperAmerica Stations (Highway 5 and 4)
File Number: GDG-83-2191
Dear Marlys:
As we discussed, my client is willing to provide to you the following:
(a) A cedar board-on-board or other cedar fence to be located from the
side of your home behind the side door to your easterly property line
to meet the existing retaining wall.
• (b) A fir or pine tree of approximately 4 - 5 feet in height will be
located at the intersection of the fence and the retaining wall.
(c) My client will pay for one-half of the cost of the reconstruction and
replacement of the driveway on your property (this does not include
Debra Krueger's driveway).
The driveway improvement is offered as a way to try to compromise your pro-
posal of locating mature trees along the easterly property line from the
sidewalk to the fence mentioned in paragraph (a) above.
Also, as we discussed, if you feel that this is not a reasonable offer by
my client, my client is willing to discuss this matter with you and the Variance
Board at its next meetingon October ctober 8 1987 at 7:30 o'clock p.m. , at Eden
Prairie
City Hall.
Sincerely,
GUSTAFSON & TYSON, P.A.
DRT/jdf Daniel R. Tyson
Enclosure
cc: Roman Mueller
MIS#20/L5