Planning Commission - 08/08/2022APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, AUGUST 8, 2022 7:00 PM—CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Frank Sherwood, Andrew Pieper, Ed
Farr, Rachel Markos, Carole Mette, William
Gooding, Robert Taylor, Dan Grote
CITY STAFF: Jeremy Barnhart, City Planner; Rod Rue, City
Engineer; Matt Bourne, Parks & Natural Resources
Manager; 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: Taylor moved, seconded by Markos to approve the agenda. MOTION
CARRIED 9-0.
IV. MINUTES
MOTION: Farr moved, seconded by Kirk to approve the minutes of June 27, 2022.
MOTION CARRIED 9-0.
V. PUBLIC HEARINGS
A. OLYMPIC HILLS 8TH ADDITION
Request for:
• Planned Unit Development Concept Review on 0.19 acres
• Planned Unit Development Amendment with waivers on 0.19 acres
• Preliminary Plat on 0.19 acres
Brian Field from Anderson Engineering presented a PowerPoint and detailed the
application. The site was zoned RM-6.5 multi-family low density residential.
Field displayed photographs of the existing site including overhead, north, south
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and east views along with views of the corner lot with an open field and the right-
of-way. The waivers requested were a front yard setback from 30- to 20 feet and a
lot depth of 100 feet. Field stated the minimum rear lot depth on outlot C was a
95-foot average depth. He stated the site had ample room for home construction
and the proposal was in line with the surrounding neighborhood. The proposal
included a 4,000 square foot residential house with a three-car garage and an
1,800 square foot foundation. He displayed the site grading and drainage swale
(east) plan, water service and sanitary service.
Barnhart gave the staff report. The applicant proposed to replat one outlot on 0.19
acres to allow for the construction of a single-family home. The lot was originally
intended to be a tot lot for the Olympic Hills development when platted in the late
1970s, but it was never constructed. A landscaping plan would be required for this
project. The future lot owner would be responsible for the maintenance of the
right-of-way sod and landscaped area. The setback waiver was requested in part
because of the right-of-way adjacent to the property and the lot depth in this
triangular shape of land. Staff recommended approval subject to conditions
outlined in the staff report.
Mette asked if the intent was for the golf course to retain ownership, and Field
replied the intention was to sell. Taylor asked if the setback waiver was intended
to keep the landscaped area. Field replied the 30-foot setback would not allow for
a conventional building path whereas the 20-foot would, and the eventual owner
would maintain the landscape. Kirk asked if the outlot was designated open space
in original PUD, and Barnhart replied it was an outlot only used as a tot lot.
Farr stated he was disappointed with the proposal, as he determined that a tot lot,
whether formalized or not, had been part of the development and the clear
intention for this open space in this neighborhood. He at minimum would expect
an apology and compensatory damages before approaching the commission with a
development like this. Barnhart replied the tot lot was not a formal requirement,
and there had been no documented request by the neighborhood for the use of this
tot lot which was also not generally requested in developments.
Mette asked if the City Attorney had looked into this, and Barnhart replied the
Attorney had not. Mette observed more outlots around the golf course and asked
if any of those theoretically be converted into buildable plats in the future.
Barnhart agreed it was theoretically possible though some might not have
sufficient street frontage. Olympic Hills was an arm of the developer, but the
development agreement was with the original developer.
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Jerry Pitzrick, resident at 9322 Overlook Trail, stated this was a tot lot, and that it
would remain so was the expectation all along, that Olympic Hills would take
responsibility for this land which the neighborhood instead took care of for the
last 20 years. He noted that with the filing of a formal complaint, the three weeks’
time for the owner to respond, and another two weeks for the City to respond to
the landowner’s nonresponse, an answer for the neighbors was delayed five
weeks. He stated the neighborhood was not imposing a terrible burden but rather
had cared for a property the owner had abandoned and had also abandoned its
original agreement out of arrogance. The existing single family lots were 25
percent or more larger than this proposed lot and thus not similar in size. The
drawing on page 20 showed the front yard setback decreased by one-third and
encroachment on the backyard setback. The development would be35 feet away
from the neighbors’ four-season porch, about the width of Council Chambers. He
invited commission members to visit the site and see the situation for themselves
As a civil engineer, objected to the grading plan and warned the water runoff
would affect houses to the north. He asked if the engineer had planned for a 100-
year storm event. The plans showed a bend in the water flow which would
naturally flow in a straight line. He also expressed concern about the creation of a
blind corner, as his mailbox had already been hit multiple times and there were
accidents. Rue stated there were plans to improve the lots and agreed this would
be converted into a 90-degree intersection. Pitzrick stated the original developer
did not construct the road correctly. He pleaded for a unanimous vote against the
development to send a message to the developer for breaking their commitment
45 years ago no hardship no cost, and if the commission was not ready for a
unanimous vote, to open the discussion to the public.
Pete Truhlar, resident at 9335 Overlook Trail, handed Pieper a copy of the
petition signed by the neighborhood and added one resident did not for fear of
retaliation. He spoke against the loss of green space, trees, and the play area for
the kids, and voiced concern about safety. He also invited the commission
members to visit his home and see how the development would impact him, being
so close to his four-season porch.
Ted Folstad, resident at 9285 Overlook Trail, stated he was also an engineer and
noted this plan did not conform to the design on file. He was also concerned about
safety with the street already needing repair.
Pete Platzke, resident at 9337 Overlook Trail, spoke against the development.
Judy Folstad, resident at 9285 Overlook Trail, spoke against the development.
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Kathryn Cinkle, resident at 9265 Overlook Trail, spoke against the development.
Bill Cole, resident at 9295 Overlook Trail, spoke against the development and
added his understanding that the lot would not be developed drove his decision to
purchase the property.
Andrea Platzke, 9337 Overlook Trail, spoke against the development and added
his understanding that the lot would not be developed drove her decision to
purchase the property. She also expressed concern for the safety of children who
currently used the lot
Anna Grossbach, 9330 Overlook Trail, spoke against the development.
Dave Gramling, 9210 Overlook Trail, spoke against the development and added
Olympic Golf Course had not paid a single tax dollar on that land for 45 years,
whereas it limited their club’s membership of their private course.
Joseph LoCascio, controller at Olympic Hills Golf Club since 2017, replied that
the Club came under new ownership in the mid-2000s and believed the property
had been taken care of by a lawn service. After that the Club resumed
responsibility of the lawn care under LoCascio’s watch. Brian Field clarified the
rendering Pitzrick saw was not to scale and the setbacks were being met. Rudy
Luther, new General Manager at Olympic Hills Golf Club, gave some background
and explained that having seen this lot as a possible development, crafted a
proposal with the intent to have a new single-family home. The golf course
redesign done was also intended to help the community.
Judy Folstad, returned to the mic and asked if the commission members would
like this development in their own community.
MOTION: Sherwood moved, seconded by Farr to close the public hearing.
Motion carried 9-0.
Mette agreed she would be upset if an understanding would be breeched,
however, she also understood the rights of developers. She agreed the
neighborhood had a case and the City Attorney needed to review this as it
appeared there was an agreement to have this be a tot lot. She concluded she
would vote against the proposal. Markos noted developers gave outlots to the City
so the City could control them, and she was curious why this outlot was not given
to the City. Certainly, the situation was different in the past, but she wondered
why so many little properties were still owned by the Golf Course. She asked also
if the plans for the road should be improved before the development.
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Barnhart replied he had no answer as to why the outlot was not acquired in 1976.
Processes changed over time for this reason. Bourne added this was not a unique
situation, as other developments had brought forward recreational outlots that
were never developed. Recently it was the City’s idea they should be deeded to
the City. Recreational outlots were tax-exempt, and the owner had the option to
repurchase them. He could think of several large developments in which such
agreements were not kept.
Taylor stated he had listened carefully to the history and appreciated the
community stepping up and asked where the developer had been all this time
while neighbors were maintaining this outlot. He asked for more feedback and if
there were alternative options. Luther reiterated he had not been involved prior to
2017 and nothing was brought to his attention as to the lack of maintenance. Here
merely saw a development opportunity to build a home for a new member of the
community.
Rue stated he did not know why the road was built in 1976 they way it was; the
plat showed a curve with an eyebrow cul-de-sac instead, and the concerns heard
tonight about safety were not known to him. The City redid this road two or three
years prior and from a feasibility standpoint it did not make sense to rebuild the
street unless it was necessary. The City would request some type of petition and
plan ahead for that.
Kirk stated the most troubling was the clear expectations of multiple homeowners
that this outlot would not be developed and this was clearly communicated to the
neighborhood over multiple years. Eden Prairie famous for its open space, and
such unanimity of feedback made him unable to vote for this. Gooding noted the
applicant came before the commission due to the waivers, which required a
balance, and in his mind the testimony of neighboring homeowners made valid
reasons for him to reject these waivers.
Farr stated this application was simply not acceptable for approval, as there had
been no apology or any attempt to make amends. He emphasized the applicant
should meet and mend fences with the neighborhood and negotiate. He added he
was disappointed at this proposal and the waste of this commission’s time.
Sherwood asked for and received confirmation from fellow commission members
this development was built on spec, i.e., there was no existing homeowner for this
property.
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Mette reiterated the fact that theoretically, without the request for waivers, all
outlots could be instantly converted and sold for development without the
commission’s knowledge, and Gooding agreed this was a huge concern, stating he
could not support the proposal. Kirk stated the commission and perhaps the City
needed to have a very clear understanding of what an outlot meant; he had
thought it was clear and it evidently was not in this case. Barnhart replied the
creation of an outlot established a use for the property but that could change.
Every situation was different and required research, and he did not have a general
response, but in this situation, he did not find any impediment to this outlot’s
purpose being change.
Pieper took a straw poll of the commission’s prospective vote on this measure.
Mette asked for and received confirmation a denial passed tonight would still be
sent to the City Council, which could vote as it saw fit.
MOTION: Mette moved, seconded by Farr to recommend denial of the Planned
Unit Development Concept Review on 0.19 acres; Planned Unit Development
Amendment with waivers on 0.19 acres; and Preliminary Plat on 0.19 acres based
on the plans stamp dated July 22, 2022, and the staff report August 8, 2022.
Motion carried 9-0.
B. CODE AMENDMENT FOR BUILDING MATERIALS
Barnhart presented the staff report. This Code Amendment would speak to three
areas of the Building Code standards. One was to establish a maximum of fiber-
cement panels/siding to be used as Class One materials on residential buildings.
The prohibition against painted brick would also be removed. Third, what
percentage of Class One materials would be allowed in single-story buildings
would be clarified. None of these represented a policy change.
MOTION: Farr moved, seconded by Kirk to close the public hearing. Motion
carried 9-0.
Farr noted a minor correction on page 304, in which “external” should be changed
to “exterior” in the acronym EIFS.
MOTION: Kirk moved, seconded by Taylor to recommend approval of the Code
Amendment Chapter 11 Exterior Building Materials with the minor change noted
by Farr, based on the staff report dated August 8, 2022. Motion carried 9-0.
C. CODE AMENDMENT FOR SIGNS
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Barnhart presented the staff report. This was a housekeeping issue to make the
sign code content neutral to comply with the US Supreme Court ruling and the
subsequent adjustments made by the City. The proposed amendment regarding
signs would reinstate allowances for incidental signs that was accidently omitted
in this previous amendment process and make housekeeping clarifications in the
Sign Code.
MOTION: Taylor moved, seconded by Gooding to close the public hearing.
Motion carried 9-0.
MOTION: Mette moved, seconded by Markos to recommend approval of the
Code Amendment Chapter 11 Signs, based on the staff report dated August 8,
2022. Motion carried 9-0.
D. CODE AMENDMENT FOR STORMWATER MANAGEMENT
Barnhart presented the staff report. Here again there was no change in practice or
policy, but another housekeeping issue to update City Code language with
changes at the MPDS and MS4 permits.
Farr reiterated the importance of uniform zoning codes throughout the state which
helped communities at the local level, including Eden Prairie.
MOTION: Gooding moved, seconded by Sherwood to close the public hearing.
Motion carried 9-0.
MOTION: Markos moved, seconded by Kirk to recommend approval of the
Code Amendment Chapter 11 Stormwater Management, based on the staff report
dated August 8, 2022. Motion carried 9-0.
PLANNERS’ REPORT
MEMBERS’ REPORTS
Pieper credited Farr with a quote attributed to him (Pieper) in the recent Sun
Sailor.
VI. ADJOURNMENT
MOTION: Kirk moved, seconded by Taylor to adjourn. Motion carried 9-0. The
meeting was adjourned at 8:26 p.m.