Planning Commission - 01/27/2020APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, JANUARY 27, 2020 7:00 PM—CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew
Pieper, Ed Farr, Michael DeSanctis, Christopher
Villarreal, Carole Mette
CITY STAFF: Julie Klima, City Planner; Rod Rue, City Engineer;
Kristin Harley, Recording Secretary
I. CALL THE MEETING TO ORDER
Chair Pieper called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE – ROLL CALL
All commission members were present.
III. APPROVAL OF AGENDA
MOTION: Kirk moved, seconded by Weber to approve the agenda. MOTION
CARRIED 7-0.
IV. MINUTES
MOTION: Higgins moved, seconded by Villarreal to approve the minutes of January 13,
2020. MOTION CARRIED 7-0.
V. PUBLIC HEARINGS
A. VARIANCE #2020-01
Location: 12200 Singletree Lane
Request for:
To decrease the front yard setback from thirty five (35) feet to five (5) feet
To increase the Base Area Ratio from .20 to .214
Klima presented a PowerPoint and explained the application. This variance was
being initiated by the City of Eden Prairie on behalf of the property owner and
stemmed from the construction of the Light Rail Transit line through the City of
Eden Prairie. The City had secured a grant that prevented the Town Center station
PLANNING COMMISSION MINUTES
January 27, 2020
Page 2
from being deferred as a part of this project. Therefore it was the City’s
responsibility to obtain the right-of-way on this property.
The first variance was to increase the base area ratio. City Code required a .2 base
area ratio, which would increase from a .206 to a .214 ratio. The second request
was to decrease the front yard setback. With the new street construction this back
yard would become a front yard, requiring a 35-foot setback. The variance would
ask for a 5-foot setback in this area. Staff recommended approval of both
variances.
Mette asked why this was not a PUD request. Klima replied this was a variance
request due to the request of the property owner, and due to the fact a variance
request was more streamlined than a PUD request, since the commission had the
authority to approve it. Mette asked if this variance continued to a new property
owner if this property was sold or redeveloped. Klima replied this was true;
variances “ran with” the property. It would also likely be rezoned upon
redevelopment, and this setback would be more in line with that. Mette asked if
other properties would go through this setback variance process. Klima replied
there were three other affected properties but only this one would require a
setback variance. Mette asked for and received confirmation this would only
affect the north side of the property.
Farr noted this property had the road extension as well as the railroad tracks, and
asked if the commission was being asked to include in its definition of “right-of-
way” a rail transit corridor that created front yards, rather than a street without
sidewalks. Klima replied staff did look at the definition of “front yard” and the
definition did refer to “right-of-way” and “street”. Along the LRT corridor,
properties may have been acquired as right-of-way or as easement. In this case, it
would clearly become a front yard. Farr asked if this redesignation could cause
unanticipated problems such as signage to indicate a passing train, et cetera.
Klima replied that the definition of “front” versus “rear” yard clearly implied road
right-of-way as “street,” not necessarily light rail or trains. This could be
examined on a case-by-case basis in the future.
DeSantis asked what topography the five-foot back area would have in the space
between the rail and the end of the front setback. Klima replied the area between
the building and the right-of-way of Eden Road could likely be a sidewalk or
some pedestrian connection. Pieper asked if this was like a similar space along the
Aquatics Center. Klima replied this was not a comparable setting, since there was
not a setback issue, and she would have to check the measurements before she
answered.
MOTION: Villarreal moved, seconded by DeSanctis to close the public hearing.
MOTION CARRIED 7-0.
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Mette noted the City was both compensating the owner for acquiring this property
plus granting a variance, resulting in no loss to the land value and perhaps
doubling the property owner’s compensation, in contrast to other packages
offered other residents, if any. On the other hand, the potential rezoning and
density could lower this compensation. She did not have a conclusion to make
from her contradictory insights, but asked the City to negotiate a reasonable
outcome for both the owner and the City.
DeSanctis asked if the redesignation of this property to a front yard setback
changed the property’s compliance with architectural codes. Klima replied the
zoning ordinance did not provide different standards for a front versus rear or side
yard. Also, the building on the site was consistent with the standards of the PUD
that was approved for the site.
Farr asked if the front yard designation offered the property owner front yard
access via this Eden Road extension, or if that was prohibited via a traffic study or
other restrictions. Klima deferred this question to Rue; however, the City did not
have a redevelopment plan for this site as yet. Rue replied the frontage along the
Eden Road extension offered parking, so there would be no access. It would
instead be accessible from Singletree Lane or the north-south future unnamed
road. Farr stated the five-foot setback seemed reasonable and future
redevelopment would fall along this setback. He had no objection to the base area
ratio change.
Mette clarified her previous comments: because future redevelopment would
result in a rezoning and similar setback, she had no objection to the setback. She
found the variance appropriate in this situation.
MOTION: Farr moved, seconded by Kirk to approve the Variance Request
#2020-01 based on information from the staff report dated January 27, 2020 and
finding and conditions of Final Order Number 2020-01. MOTION CARRIED 7-
0.
VI. PLANNERS’ REPORT
Klima reminded the commission members to RSVP for the City Council Work Session.
VII. MEMBERS’ REPORTS
Villarreal that grid modernization and the International Code Council (ICC), which set
the building standards to buildings across the United States, recently approved an
amendment to require all new homes to be EV-ready. This would go into effect in 2021.
He asked for recognition by the City that building codes were evolving and Eden
Prairie’s design standards might need to be reviewed and updated accordingly. He wished
to prevent time loss for compliance with the ICC.
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He added the Rocky Mountain Institute issued a report on how to reduce EV-charging
infrastructure costs in the U.S. What the report found was as the costs of the technology
went down on a per-watt basis, the costs of infrastructure and installation did not due to
“soft costs.” This was also true of residential solar energy installations. He asked the
commission members to think about ways to address “soft costs” and ICC compliance
inconsistencies between cities, counties, and states.
VIII. ADJOURNMENT
MOTION: Weber moved, seconded by Villarreal to adjourn. MOTION CARRIED 5-0.
The meeting was adjourned at 7:27 p.m.