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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 11/16/1987 APPROVED MINUTES BOARD OF APPEALS AND ADJUSTMENTS Thursday, November 16, 1987 7:30 PM, City Hall Council Chambers , 7600 Executive Drive . BOARD OF APPEALS MEMBERS: Chairman Ron Krueger, Hanley Andersor.,Roger Sandvick, William Arockiasamy, Lyn Dean, Steve Longman, Dwight Harvey BOARD STAFF: Zoning Administrator: Jean Johnson Recording Secretary: Sharon Swenson ROLL CALL: All Members were present except Lyn Dean I . MINUTES A. Minutes of October 8, 1987 MOTION: Arockiasamy moved, seconded by Longman to approve the minutes of October 8, 1987. Motion carried 6 -0. II. VARIANCES • A. Request #87-59, submitted b Suburban National Bank for property located at 16570 West 78th Street, Eden Prairie, Minnesota. The request is for a variance from City Code, Chapter 3� Section 0, Subdivisionz D, to permit the existing free-standing lon sign to be raised to a height of 30' , City, Code allows _ height in the nffice Zoning District) This variance was withdrawn. B. Variance Ke uest #87-69 submitted James Morton for ro ert located at 89OF Knollwood Drive, Eden prairie Minnesota. The request is for a variance from Cit Code Chapter ection .03,:��uldjyisjon 2i B� to ermit a deck from the rear lot line Cit Cod wires 20' in the R -9. _ Zoning District and I5' for homeslocated Tn cluster I ots . Mr . Morton, owner of the property presented his variance .He felt the deck was built consistent with those of his neighbors . He mentioned that on one side the lot line was only 10 ' away and on the other side it was 5 ' , yet he was being asked to comply with 15 ' from the back lot line . He stated that the only difference in his deck and that of his neighbor was that the neighbor' s deck is lower to the ground. He stated that there are only one half dozen homes in the neighborhood, and that of those, only one would have no problem with existing regulations. The chairman of the HomeCwners Association had told him that the only restrictions were that the deck was to be built in conformity with the rest of the area. Krueger asked if the Homeowners Association had in fact okayed the deck and had not informed Morton of the need to obtain a permit. Morton answered that it was the case, and the only caution he was given was to conf rm to the rest of the area and to paint the deck. Krueger asked how it was discovered. Morton replied that the building inspector had driven by and noticed it. He had put a stop order on the deck and told to apply for a permit . At that point he found out it was too close to the lot line for a permit . Harvey asked if the city provides any information to the Homeowners Associations. Johnson replied that the City works with the developer on developement plans and the developer should pass such information on to the association. Krueger asked if that wouldn' t be possible. Johnson responded that the members of the Homeowners • Association Boards change frequently. Morton -suggested that the information could be passed on from chairman to chairman. Krueger stated that the idea is that any new construction should check with the - City concerning regulations & permits . Arockiasamy asked what construction is permitted without a permit. Johnson replied that patios at ground level can be, and also that accessory structures are permitted undeL certain square footage. Harvey stated that he felt that the Homeowners Associations should be sent a letter informing them that permits are required. Sandvick asked if the city has a list of the Homeowners Associations . Johnson answered that they did not have an up to date list , only one that is 5-6 years old. However, s-he did state that there is a new intern working on an up to date list Sandvick replied that he felt that it would be of benefit to send a letter to all the Homeowners Associations concern- ing the need for permits. Longman said he thought that everyone knew that buildin- permits were required for major construction. He also added that the deck looks nice. He then asked how the neighbors felt about it . Mr & Mrs Bray, neighbors of Morton then came forward. Mrs . Bray stated that they were neighbors to Mortons on the north side. They have a deck they constructed 3 years ago. They had checked with the city several times during the process regarding dimensions, etc. They had also checked with the Homeowners Association and that they are aware that permits are required.. She stated that it makes sense to obtain a building permit . She stressed that it was not with unneighborly intentions that they were at the meeting, but she had 2 concerns : 1 . Eden Prairie regulations : she felt that they should be enforced if they were to be of value. .*2 . She stated that their deck was on the ground level and and that Mortons was on the second..story. She said that their own ground level deck was 11 ' from the back line . She felt that if the variance was granted, it would set a precedent. The idea of setting up rules and regulations, she felt, was to protect rights of privacy, etc. It was also added that the lots in that area are small, and it is a high density area. Privacy is minimal at best. If some are allowed to exceed beyond code, it is infringing even more on the residents. There • is a lack of mature trees in the area. According to her information on the subject, the deck exceeds the allowed amount by 7 ' and not just 2' . She said that they had erected a fence for privacy at a cost of $200.00 and now with this deck on the second level behind them, there is virtually no privacy for them. Again, she stated that they were not there with unneighborly intentions, but that they oppose the deck for those reasons she had mentioned . Mr. Bray added that the original owners of the Morton home had applied for a permit for a deck and it was denied. Instead, they built a lower stone patio . It was at that time they built the fence . Now, with the construction of the Morton deck, they have the neighbors looking down on them. Harvey asked if Bray still had a permanent ground level deck that 'was unattached. Bray replied that they did, and that they had invested considerable time at City Hall at the time of construction. Longman asked if Brays were higher in elevation. • Mr . Bray responded no, that they were not . Longman asked about the elevation of the home. Bray replied that they were the same . Anderson asked if Brays had a ground level patio. • Brays responded that they did. Krueger stated that it was only a 2 ' variance that was the issue here. Arockiasamy asked if the deck were to be cut back 2' , would it then increase privacy for the Brays . Brays responded that it would not change that at all. Arockaisamy then asked if the 2 parties thought that they could work out something on the privacy issue. Morton nodded in agreement. Arockiasamy then answered that it was the board' s place only to consider the 2' variance. Sandvick stated that he saw a real effort to stay in code- on the other hand-Homeowners Associations , whether intention- al or non-intentional, are a part of the problem as they told Morton he could build the deck without a permit . If they have other laws that govern the associations , then they should also abide by the community laws . • Longman asked if the Brays didn' t agree that it would be a hardship to Morton to cut his deck back 2 ' ? Brays answered that they agreed that it would be , but that they had originally thought it was 7 ' . Mrs . Bray stated that in the future this should be more carefully monitored. Longman stated that it would be wise to send a letter to the Homeowners Associations . Krueger suggested that the city send a letter to the Home- owners Associations explaining ,and remind them that the building permits are required. Longman suggested that possibly the Brays should go to the Homeowners- Association to place a protest. Possibly some large trees could be placed between the areas for more privacy. Brays answered that in 10years when the trees grow, it won' t be a problem. Longman responded that instant privacy can be achieved with installation of some larger trees . Krueger asked if there were any other neighbors with comments or suggestions . MOTION: Arockaiasamy made a motion- to approve Variance #87-69 with the following findings : (a) The deck does not encroach into any easements or does not adversely effect surrounding properties . The structure plus deck continue to meet the 20' average rear yard setback. (b) The applicant, when notified of proper building procedure, did follow proper steps to attain a building permit and variance. Arockiasamy added that a third following should be added stating that it would be' a hardship to the homeowner to trim the deck back. Anderson seconded the motion. Motion carried 5-0 -1 Sandvick abstained. Sandvick suggested that the Homeowners Association should be present at the meetings when problems arise, so the board can determine what had taken place before the appear- ance at the meeting. Eden Prairie is growing quickly and certainly more problems such as these will arise . Arockiasamy answered that it was a good point. On the other hand, it may have been totally unintentional on • the part of the Homeowners Association-they may have assumed that the Homeowner would know that they needed to get permits-although in this case, Mr. Morton did not. He did agree, however, that •Homeowners Associations should be notified. Sandvick stated that we cannot make assumptions, that we must get the facts. C. Variance Request #87-70, submitted by Ran Properties, Inc., for property located at�Fl in Cloud Drive Eden Prairie Minnesota. The re uest is fo ariance from City Coe; Ater rh Section ubaivision 1 to ermit a wall s�icn real "Wilson Learn "120 s uare feet Cit Code permits 50 s uare feet to permit a rtanument sign of 25" s uare at Valley View Road and Flying Cloud Drive Cit Code allows not more than 12��between s ign faces' . Bill Mc'Hale; of Ryan Properties came to the board with 2 requests for variances concerninga nine t story office building located at 750 y 0 Flying y Cloud Dr. g Mc-,Hale stated that the two requests were : 1 . The lead tenant wants some identification on the building. 2 . That a monument be allowed at Valley View & Flying Cloud. He felt it was needed to get people more easily into the Wilson Ridge Development. It would prevent them from missing the turn and at the same be of benefit to the entire building, as some sort of identification there would be necessary. At this point Mc Hale showed the board the plans he had with him for the signs and monument. Mc Hale stated that the address alone takes up the 15 Sq. .. Ft . They had tried various options and letter sizes up to this point. Harvey asked if the sign will be visible on southbound 169? Mc Hale answered that it would be. (More discussion explaining plans. ) Krueger asked if there were any questions. • Sandvick asked if the backlighting was a problem Johnson replied that it would not be. Harvey had some questions : He understood the need for the monument, but concerning the sign, what hardship would it be for Wilson Learning to be without a sign on the outside. This was granted for Suburban and Marquette Banks, but they deal withthe public and Wilson Learning does not . This is the tallest building in Eden Prairie. He compared the IDS Building to the situation-there are no names on it . Krueger stated that it was tastefully done, according to the drawings. Mc Hale said according to the . agreement .with- Wilson, they would get their name on the building. Corporate identity is becoming more and more important-it is a new trend. Sandvick asked what if Wilson decided to leave, what would happen to the sign? Mc'Hal,,e replied that it would then come down. • Sandvick then asked if Xerox were to come in and wanted a sign, what would be the decision? Mc Hale said that he would make no guarantees to anyone else who would move into the location. Harvey asked again what hardship would be put on the company-where do we stop? Krueger then asked what hardships would have been put on the banks if the variances hadn' t been granted? Harvey replied that he did not know. Mc Hale said that he understood that it was the idea to ..limit the coverage of signs on buildings , but as the size of the buildings went up, so should the size of the signs . Longman stated that he heard two good arguments on the issue . He feels that this is a good image for Eden Prairie, and that he would like to show businesses that we are behind them. Harvey said that he agrees° with Longman' s statement . He said that Ryan Construction will not be the last one to come . If the present ordinance makes the signs appear • out of scale , then perhaps the ordinance should be changed. In the meantime, he felt that the companies should be able to demonstrate the hardships that would be caused. Longman felt that we should take one at a time as they come to our attention. Sandvick stated that signs that are too small can appear tacky on a large building. Possibly the codes are outdated. Krueger replied that he agreed with Longman to take each request as they come to us and not modify the code . Arockiasamy said that the question of the name on the property was not the question-and that he agrees with Longman-that the proportion was a small one . Krueger asked for any further discussion from the board or the audience . MOTION: Sandvick made a motion to approve variance request 87-70. Longman seconded the motion. Motion carried .5-0-1 . Harvey voted nay. He explained it was in relation to the sign on the building and not the monument . C- Variance Request #87-71 submitted Lakeland Vet for Property located at West ndBtreet en rairie Minnesota. The re uest is for a variance from City C�e�'Cha ter�Section .0 subdivision 2- Bz � to permit a building addition ' from a side lot line (city Code requires 37 side yard setback 2 Bu3division H. 5 d to ermit a front yard parking setback of 8' from ownline Road- Cit Code requires 75, in the I-Gen Zoning District and— a front and parkingsetback of 25' from Industrial Boulevard CityCode requires�5' from Industrial Boulevard in the I-Gen Zon�n District — John Kosman of R.K. Design appeared concerning the property at Industrial Boulevard and Co Rd. 62. He stated that he had written a letter previously concern- ing this issue. The property is an irregular shape and is currently zoned I-Gen. It had not been used as an I-Gen zone . Originally it was 2 parcels and property line divided it . They had debated the question of whether to work with the. present site or move to a new location. They had come up with the idea of a 9000 square foot addition. The only problem was that it used up all of the I-Gen zoning requirements. They then evaluated the idea of having it rezoned. It didn' t meet all the requirements of an I-2 Zone, so that idea did not work. After evaluating the situation, they wondered if I-2 could be applied to I-Gen zoning, and decided to --ask for a variance on this matter. It would allow them to move the parking closer to the street, and in this way they could still meet the • parking setback requirement. The building requires 43 stalls now. Concerning the rear property line, he stated that in I-Gen, there is a 30' foot requirement . 8 years ago they had been granted a variance to reduce it to 17 ' 8" . He felt the area would probably- eventually change to I-2. Krueger stated that basically we would be trading variances. This allowance would get improved property on the site -with hard surfacing parking and landscaping: Kosman stated that the regulations fit the needs of 20 years ago. He also stated that they are working with brick and stucco combination and can work around these limits , he believes. Krueger asked is the brick he was talking about was a brick veneer? Kosman answered that it was a real brick veneer . Krueger asked how it worked. Kosman answered that if they do end up doing that, ' brick with an insulation backing would be applied. He had been talking with Steve in planning about creating the correct brick and stucco exterior. Krueger asked if it could be done without footings? Kosman answered yes . He stated that he had talked to Steve in planning and they will make it look almost brand new. Longman stated that for the sake of honesty, he would be opposed to. -any material v*riarces in the future. Krueger referred to page 5 , #2 of the staff report that concerned parking. He noted that 4stalls would have to be eliminated and wondered if that would be a hardship. Kosman replied that it would not cause a hardship. Krueger asked Kosman if he had any problems with numbers 1-5 under 2,b on page 7 of staff report . Kosman replied that the only problem was the setback. Krueger asked for any additional discussion from the board or audience. -Krueger asked for a motion concerning this issue. MOTION: Harvey made a motion to approve variance request 87-61 with the following findings and conditions : Finding: The proposed building addition and parking lot improvements will bring the site closer to meeting current Code requirements for I-2 Zoning Districts . Should the I-Gen • area surrounding the property ever be redevelop- ed as I-2, this site will conform to most I-2 requirements . Conditions : 1 . Amend the site plan so a 50 ' front yard setback is maintained along the entire length of County Road #62 (Note exhibit A) 2. Extend the berm of the northwest corner of the site southwest to screen parking from 62nd street . (Note exhibit A) 3 . Move several Black Hills spruce plantings to screen parking from 62nd St . (Note exhibit A) 4 . All existing rooftop mechanical equipment and new rooftop mechanical equipment to be screened. 5 . Watershed District approval prior to issuance of building permit . The motion was seconded by Anderson. Motion passed unanimously. III . OLD BUSINESS • The Board reviewed 2 ro 'past projects, Prairie P p � Lutheran Church and Anderson Gorden, relative to their exterior materials. At this point Andrew Dawson, representing Troop #479 came forward to express his concern about the rate of building in Eden Prairie and how it was taking away our natural fields and parks. The troop was at the board meeting in order to fullfill the requirement for a merit . badge on community affairs . Longman said that he felt the best bet for the troops was to get involved with the park program to make them aware of their concerns. He believed that they would like to hear from the troops. Krueger thanked the Scout Troop for coming. Krueger asked for a motion to adjourn. MOTION: Longman made the motion to adjourn. Harvey seconded the motion. Motion passed unanimously.