HomeMy WebLinkAboutBoard of Adjustments and Appeals - 01/12/1989 APPROVED MINUTES
BOARD OF APPEALS AND ADJUSTMENTS
Thursday, January 12, 1989 7:30 P.M. City Hall Council
Chambers, 7600 Executive Dr. ,
Eden Prairie, MN 55344
BOARD OF APPEALS MEMBERS: Bill Arockiasamy, (Chairman) ,
Hanley Anderson, Steve Longman,
Dwight Harvey, Scott Anderson,
John Freemyer, Michael Bozonie.
BOARD MEMBERS ABSENT: Lyn Dean, Neil Akemann
I . CALL TO ORDER - ROLL CAL - PLEDGE OF ALLEGI ANf E
Meeting was called to order at 7: 35 p.m. by Bill Arockiasamy,
Chairman
Roll Call : Bill Arockiasamy, Steve Longman, Dwight Harvey, Scott
Anderson, John Freemyer, Michael Bozonie . Hanley
Anderson arrived at 7 : 45 p.m.
All present recited the Pledge of Allegiance with exception of H.
• Anderson.
II . MINUTES OF DE EMBER 8 1988
B. Arockiasamy moved that the Board approve the minutes of December
8, 1988 meeting. Steve Longman seconded the motion and it passed
unanimously.
III . VARIANCES
A. Reguest #88-61, subm ttPd by Marilyn Schoonover for property located
at 18600 Duck Lake Tra 1 , Eden Prairie, Minnesota The request is
for a variance from City Code. Chapter 11, Section 11.03, SubdiviQinn_
2, to permit construction of a deta hed garage 7 ' from a side lot
line. City Code requires 30' in the Rural Zoning District,
Marilyn Schoonover did not attend the meeting, however stated in a
letter that a 10' side yard setback would be an acceptable medium.
MOTION: Bill Arockiasamy moved that the Board approve the 10 ' side
yard setback as it will be more compatible with the surrounding
neighborhoods . Scott Anderson stated he was not at the last meeting
where the variance was originally discussed. Steve Longman seconded
the motion to approve . The staff will let the applicant know she has
one year to take advantage per Bill Arockiasamy. It passed
• unanimously.
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• Page 2
B. Reguest #89-814 submitted by Marcus Corporation for gronerty located
at 595 Prairie Center Drive, Eden Prairie, Minnesota The request is
for a variance from City Code, Chapter 11, Section 11.03, Subdivision
3, H. (1) To permit off-site parking for 4 parking stalls . City Code
requires off-street parking facilities to be on the same parcel of
land as the structure they are intended to serve. (2) To permit
parking_and drive aisle A ' from a side lot line and 8' from a side
lot line. City Code requires a 18 ' side yard parking setback. (3)
To hermit an accessory structure 01 from a side lot line . City Code
requires a 29' side yard setback
Don Hustad, Architect, representing Marcus Corporation, presented a
plat map proposing 12 additional parking spaces, 8 to be used by
Youngstedt 's and 4 to be used by Marcus Development. D. Harvey
questioned easements. S. Durham stated easements will be done by
developer and are a condition in the Developers Agreement. D. Harvey
questioned if there was a way to move the trash enclosure in more.
S. Durham replied it would create more variances . To put the trash
enclosure in 20' to meet city code, it would be in the middle of
parking stalls . M. Bozonie is concerned with how these spaces were
going to be designated, saying there are always extra cars at
Youngstedt 's . The reply was, that is the reason for the extra
parking spaces. Bozonie 's concern is that all 12 would be used by
Youngstedt 's, and something would have to be done to designate only
• the 8 spaces to Youngstedt's . The 8 spaces are in addition to what
is required by City Code . Arockiasamy and Bozonie were both
concerned with who would use the spaces.
Dwight presented the Prairie View Center as an example as stated in
Staff Report. It should be treated as a space minimum for both
places . Arockiasamy questioned if it is it possible to put some kind
of condition on granting variance that the stalls be somehow
designated? If 4 are going to be for the neighboring retail space,
Is it possible that Youngstedt's customers would use the curbside?
S. Anderson questioned, who owns the building? The reply was
Youngstedts. S. Anderson asked, what happens when someone moves? -
What will happen then, who will care for these parking spaces, and
who will use them? Dwight agreed. Bill asked if there are any
problems at Goodyear . Steve Durham replied, there is not enough
parking. Bill stated he had no further questions.
MOTION: Dwight motioned the variance be approved as submitted
based on the following:
He stated it is comparable to Bakers Square situation, it will
alleviate the parking problem. He also stated there should be a
cross easement agreement stating 4 spaces will be used for retail and
8 for Youngstedts .
• Steve Longman seconded the motion. It was passed unanimously.
• Page 3
C. Variance Request 89-02, submitted by Sherwin-Williams Development
Corporation for property located along Plaza Drive in front of
Menards Center, Eden Prairie, Minnesota - The request is for a
variance from City Code, Chanter 114 Section 11 02, Subdivision 2
B (1) To permit an accessory structure (trash enclosure area) 14 ,
from a side lot line. City Code requires 20' (2) Section it 03,
Subdivision 3, I to permit a loading facility area 0' from a side
lot line- City Code requires .a 20 ' setback
MOTION: Sherwin-Williams requested a continuance to the February
9, 1989 meeting. Arockiasamy moved that the Board approve the request
for a continuance on variance request #89-02. Steve Longman seconded
the motion. It passed unanimously.
D. Request #89-03, submitted by Cunningham Architects, P.A. for Eden
Prairie High School for property located 17185 Valley View Road,
Eden Prairie, Minnesota _ The request is for a variance from City
Coyle. Chanter 11, Section 11 02, Subdivision 2, B to permit a
building height of 50, for the existing building and proposed
building addition City Code maximum building height in the Public
Zoning- District is 30 '
John Hamilton from Cunningham Architects was present along with the
• proposed plans for the high school. The present structure sits on
the crest of the hill and it gets taller as it moves down hill. The
addition needs to match the present structure, gym with gym, class
with class. The science classes are on top and they need to match
the addition with that in order to utilize . The air flow needs to
match also. The original High School was built on approval from the
Building Department. Hamilton stated he also brought plans . Bill
stated it looks straight forward enough to him.
MOTION: Hanley moved the variance be approved. Steve Longman
seconded the motion. It was approved unanimously.
One additional question was proposed regarding the plan brought for
presentation by Scott Anderson. Will the structure have two brick
colors, or is that for presentation only? John stated, there would
be new brick introduced and it will be of harmonizing color.
E. Request #89-04, submitted by Zachman Development Corporation for
property located at the southwest corner of Franlo Road and Preserve
Boulevard, Eden Prairie, Minnesota , The request is for a variance
from City Code, Chapter 11, Section 11 02, Subdivision 2 B (1) To
Permit groposed Lots 2 and 3 with lot widths of 59 ' and 631
respectively City Code requires a 70' lot width (2) To permit
proposed Lot 2 with a lot size of 8, 510 square feet City Code
requires 9,500 square feet ( 3) Subdivision 3, A, to permit a corner
lot with a width of 81' City Code requires a minimum of 901 ,
. Mr. Zachman was not yet present at meeting , Bill questioned if this
variance should be moved to end of meeting. All agreed unanimously.
• Page 4
F. Bequest 189-05, submitted by Goodwill /Faster Seals and City of Eden
Prairie f rtty located at 12500-12600 Plaza Drive, Eden
Prairie, Minnesota The request is for variance from City Code
Chapter 11, Section 11 03, Subdivision 3, J (1 ) To permit outside
storage and narking of a truck over 3/4 ton capacity in Menards
narking lot City Code does not permit outside truck parking over
3/4 ton capacity in the C-Reg-Ser Zoning District ( 2) To permit
storage of the truck 17. 51 from a front lot line City Code requires
a 35' front yard setback ( 3 ) Section 11 03, Subdivision 3, H, to
Dermit parking for Menards at 5.1 stalls per 1000 square feet. The
PUD required 5. 3 stalls per 1000 square feet City Code requires 6
stalls per 1000 square feet
Linda Garcia, Collections Coordinator, for Goodwill/Easter Seals was
present and stated Goodwill wished to put a truck in Menards Plaza
parking lot in order to establish a recycling center, stating that
collection of glass, aluminum, corrugated cardboard & other household
Items are collected. This effort would be beneficial in that it
would alleviate responsibility to the City of Eden Prairie in
collection of tonage required by the county. The attendants are
trained to keep the area clean, organized, keep outsides free of
rubbish and flying debris and also how to operate centers. Linda
distributed front & topview pictures of other sites around the metro
area. Steve Durham then explained the variances . He also stated,
• the City Council is aware of this proposal and is in favor of it.
The request is unique in that it is relieving the city of the
responsibility of the same.
Dwight questioned where it was located in relation to the buildings
In the other sites . Linda stated it was behind Rainbow in Apple
Valley, but also pointed out this was a unique situation in that the
traffic is routed around the back of Rainbow so it is in plain sight .
The Burnsville trailer is in front of the store and receives very
good tonage .
Dwight stated concern with having the trailer in front of the
building, possibly an eyesore and questioned if studies had been done
regarding traffic on Plaza Drive to and from Valley View Rd. The
response was no. Scott stated there is plans of something going into
the Factory Outlet Center which will have very high traffic. Linda
said her concern with the trailer being behind the Menard Plaza is
that many people will dump things that are turned away during
business hours . Dwight stated he would like to see trailer put in
Site 2, (behind building) as opposed to Site 1, ( in front of
building) .
Steve Durham proposed that maybe the Board would consider allowing
Goodwill to use Site 1 for one year so people will know where it is
and then if something happens at the Factory Outlet Center, it could
• possibly be moved to alternative Site Number 2 .
• Page 5
Request #89-05 continued
Steve Longman has mixed emotions about this, he is not excited about
the way Menards looks now, anyhow. Give them a year and an
opportunity to review after that time, if there is a problem at Site
1, it will be moved to Site 2 . Steve L. liked the compromise, and
also questioned what color we would get. Linda said white, and in
anticipation of the Board 's approval, two new trailers have been
ordered. She also stated the skirting looks nice but does not work
well as it is wood, needs constant repainting, breaks, cracks, and
freezes to ground in winter which makes it difficult to move trailer
for unloading .
Hanley stated the trailers without wheels on tripods looks too
permanent. Suggests wheels are left on, and forget the skirting.
Steve L. questioned if there would be variances if on Site 2. Steve
Durham replied, there would be, but not the same ones .
Bill questioned if anyone in the audience wished to comment.
MOTION: Steve motioned to grant variance request, as it would reduce
waste transport to landfills, with one change as follows:
• Approve variance for three years and only on Site 1 for one year, at
which time it will be looked at for possible movement to Site #2.
Bill questioned if there were any comments from the audience .
H. Anderson seconded the motion and it passed unanimously with
one exception, Dwight H. voted nay based on the siting of the Goodwill
trailer and not to the use.
E. This item was moved to the end of the agenda.
Request #89-04 submitted by Zachman Development Corporation for
Drooerty located at the southwest corner of Franlo Road and
Preserve Boulevard, Eden Prairie Minnesota The request is for a
variance from City Code, Chapter 11, Section 11 02, Subdivision 2
B (1) To permit proposed Lots 2 and 3 with lot widths of 59 ' and
63 ' respectively, City Code requires a 70 ' lot width (2) To
permit proposed Lot 2 with a lot size of 8, 510 square feet City
Code requires 9, 500 square feet ( 3) Subdivision 3, A, to germit a
corner lot with a width of 81 ' City Code requires a minimum of
90 ' .
Mr . Zachman presented a plat map that has the least number of
variances he could come up with. The property has an existing home
on it which makes it harder to work with and the site also has a
• tremendous water overflow through the area and into Lake Eden. He
has already raised the cul-de-sac to help alleviate the water
problem.
• Page 6
Variance 89-04 Continued
Zachman stated, it is not difficult to get houses to look good on
these lots with the type of garage front homes he is building. Steve
D. pointed out originally the plat had a number of variances which
have been reduced to 4 from 17. The Planning Commission is satisfied
with the variances . The City Council also reviewed and passed first
reading of the development.
Bill stated that Mr. Zachman has worked quite a bit to get the
variances down, and passed it on to members . John F. questioned if
the 3 homes tentatively planned for the first 3 lots would require
variances for side setbacks, and does he plan to come back again for
this reason. He stated no. John also asked if we can add to the
minutes that he will not be back for these variances regarding
sideyard setbacks, Mr . Zachman stated, yes.
Steve Longman questioned if these were entry level homes . Mr .
Zachman replied the minimum home will be $104,000 and up to $150, 000
on the South lots which are larger .
Bill noted there are not too many alternatives to the plat.
MOTION: Scott Anderson made the motion to approve as submitted.
• Dwight stated one of the more positive things is the fixing of the
cul-de-sac.
Dwight H. seconded the motion and it was passed unanimously
with exception to M. Bozonie, who abstained.
IV. OLD BUSINESS
None
V. NEW BUS T NES-S
None
VI . ADJOURNMENT
MOTION: Bill moved that the Board adjourn. Steve Longman seconded
the motion and it passed unanimously.
The meeting was adjourned at 9 :15 P.M.
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