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HomeMy WebLinkAboutPlanning Commission - 11/08/1993 EDEN PRAIIUE PLANNING COMMISSION APPROVED MINUTES MONDAY, NOVEMBER 8, 1993 7:00 PM TRAINING ROOM - C.H. ROBINSON 8080 Mitchell Road COMMISSION MEMBERS: Tim Bauer, Kenneth E. Clinton, Cynthia Clish, Katherine Kardell, Doug Sandstad, Edward Schlampp, Mary Jane Wissner STAFF MEMBERS: Don Uram, Planner; Jan Schneider, Recording Secretary ROLL CALL: I. PLEDGE OF ALLEGIANCE -- ROLL CALL The meeting was called to order at 7:00 p.m. by Chairman Doug Sandstad. H. APPROVAL OF AGENDA MOTION• Clish moved, seconded by Sandstad to approve the Agenda as published. Motion carried 7-0. HI.MINUTES MOTION: Clish moved, seconded by Bauer to approve the Minutes of the October 25, 1993 Planning Commission. Motion carried 7-0. W. PUBLIC HEARINGS A. BENTEC ADDITION H by Bentec Engineering Corporation. Request for Zoning District Amendment within the Office Zoning District on 1.58 acres and Site Plan Review on 1.58 acres to allow for the construction of a 1,230 square foot building expansion. Location: 13050 Pioneer Trail. • 1 Bentec Engineering's representative, Bruce Boyd, gave the Planning Commission a presentation of the project. The business began in 1981. It was a former residence that was changed to commercial property. In 1990, small building additions were constructed on each side of the building and it was brought up to code. This proposal, stated Boyd, is to add to the front a 30' x 41' addition as well as adding 11 parking spaces and a future driveway. All 3 sides of the building will be covered by brick. Schlampp asked the proponent to locate this property. Boyd stated SuperAmerica is on the SW corner and a well drilling building and small residence are next to it. Uram stated this project meets all requirements of the Office Zoning District and Staff recommends approval. Betty Schaitberger, a homeowner at 12880 Pioneer Trail, stated that she did not object to the project, but at how the Public Hearing process was handled. On Friday, November 5th, she stated she saw trucks moving dirt and went out to look where they were coming from. That afternoon, she received a letter explaining the Planning Commission Public Hearing on the Bentec Addition II. Schaitberger stated she objects to building construction before a Public Hearing. Uram stated Boyd came in approximately 5 weeks ago with this project, stating he would like to start construction before the ground was frozen because it would be difficult for basement • excavation. After reviewing the project, Uram asked Chris Enger, Director of Community Development, his opinion on granting administrative approval to Bentec Engineering Corporation since the project was small, met City code and didn't appear to have an effect on the neighborhood. Uram explained that City code does allow the Director of Community Development the ability to grant administrative approval on small projects. The Community Development Department granted Bentec Engineering Corporation administrative approval to proceed with excavation at their own risk and a Public Hearing would still be held to give the neighborhood an opportunity to voice any concerns. Wissner asked if the Community Development Department could inform residence of excavation before a Public Hearing. Uram stated one way is for the proponent to have a neighborhood meeting. Clinton requested Uram to clarify what is a small expansion. Uram stated the Community Development Department looks at the overall project and has no specific parameters. In this case, Staff felt the project was very small and did not anticipate any problems with allowing Bentec to proceed. Sandstad asked if this is nonconforming since it is close to Highway 169. Uram stated a variance was granted in 1990 since Highway 169 took a portion of property. • 2 Sandstad asked to clarify the sewer system. Boyd stated it does have City sewer. Sandstad stated a drainfield is shown on the plan and should be removed if it isn't in use. Sandstad requested Boyd to show Schaitberger the view from her property. Sandstad asked Schaitberger if she has any objections, and she stated no, just the process it has went through. Charles Schaitberger, Mrs. Schaitberger's son, stated that shortly after receiving the Planning Commission Public Hearing Notice, they received a City Council Public Hearing Notice and the project was already under excavation. He felt there was a problem with the process also. Uram stated he would review with the Director of Community Development a way to improve the process when the project is a small addition and construction is necessary before climatic conditions cause a hardship to the proponent. Schlampp voiced opposition to the administrative process, stating it was handled improperly. He felt this should not be allowed to happen and the Community Development Department should have specific guidelines to clarify what can be administratively approved. Bauer stated in the future the Community Development Department should either: 1. Have a Public Hearing before excavation is allowed. 2. Grant administrative approval which allows the project to proceed without a Public • Hearing. Clinton requested that Uram discuss with Enger what are the parameters of a small project when administrative approval is granted and that a presentation be made to the Planning Commission regarding this issue. MOTION 1 Bauer moved, seconded by Wissner to close the public hearing. Motion carried 7-0. MOTION 2: Bauer moved, seconded by Wissner to recommend to the City Council approval of the request of Bentec Engineering for Zoning District Amendment within the Office Zoning District on 1.58 acres for construction of a building expansion, based on plans dated November 5, 1993, subject to the recommendations of the Staff Report dated November 5, 1993. Motion carried 7-0. • 3 MOTION 3• • Bauer moved seconded by Wissner torecomm end to the City Council approval of the request of Bentec for Site Plan Review on 1.58 acres for construction of a building expansion, based on plans dated November 5, 1993, subject to the recommendations of the Staff Report dated November 5, 1993. Motion carried 7-0. Schlampp wanted the record to show that the process was mishandled and that he was concerned that in approving the project, the Planning Commission was condoning the process. He reiterated that this was not the case and felt that the City Council should discuss this issue at their November 16 meeting. V. MEMBERS' REPORTS VI. CONTINUING BUSINESS VU. NEW BUSINESS VIII. PLANNERS' REPORTS Bauer moved, seconded by Kardell to approve the cancellation of the December 27, 1993 Planning Commission Meeting. Motion carried 7-0. ADJOURNMENT MOTION: Kardell moved, seconded by Bauer to adjourn the meeting at 7:45 p.m.. Motion carried 7-0. 4 AGENDA EDEN PRAIRIE PLANNING COMMISSION • Monday, November 8, 1993 7:00 p.m. COMMISSION MEMBERS: Tim Bauer, Kenneth E. Clinton, Cynthia Clish, Katherine Kardell, Douglas Sandstad, Edward Schlampp, Mary Jane Wissner STUDENT REPRESENTATIVE: Lisa-Marie Gualtieri STAFF MEMBERS: Chris Enger, Director of Community Development; Michael D. Franzen, Senior Planner; Donald Uram, Planner I. PLEDGE OF ALLEGIANCE -- ROLL CALL II. APPROVAL OF AGENDA M. MINUTES IV. PUBLIC BEARINGS A. BENTEC ADDITION II by Bentec Engineering Corporation. Request for Zoning District Amendment within the Office Zoning District on 1.58 acres and Site Plan Review on 1.58 acres to allow for the construction of a 1,230 square foot building expansion. Location: 13050 Pioneer Trail. V. MEMBERS' REPORTS VI. CONTINUING BUSINESS VII. NEW BUSINESS VIII. PLANNERS' REPORTS IX. ADJOURNMENT X. TOUR OF CITY HALL