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Planning Commission - 03/08/2004 APPROVED MINUTES EDEN PRAIRIE COMMUNITY PLANNING BOARD MONDAY, MARCH 8, 2004 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Ken Brooks, Randy Foote, Vicki Koenig, Fred Seymour, Kathy Nelson, Dave Steppat, Ray Stoelting, Bill Sutherland STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Mike Franzen, City Planner Jane Hovind, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Present: Chair Stoelting, Commissioners Foote, Koenig, Nelson, and Sutherland. Absent: Brooks, Seymour and Steppat. II. APPROVAL OF AGENDA MOTION by Foote, second by Koenig, to approve the agenda. Motion carried, 5-0 III. MINUTES A. Minutes of the February 23, 2004 Community Planning Board Meeting MOTION by Sutherland, second by Koenig, to approve the minutes. Motion carried 5-0. IV. PUBLIC MEETINGS V. PUBLIC HEARINGS A. VARIANCE#2004-03 Petition of Otto Associates, Inc. on behalf of Pat and Beth Kohls for property at 18055 Cole Court, Eden Prairie, Minnesota. Request for: front yard structure setback variance from 30 feet to 29.15 feet from Stable Path Road. Pat Kohls presented the variance. He stated the reason for the variance request is that the property survey was measured wrong. He said Otto Associates did the Planning Board Minutes March 8, 2004 Page 2 initial survey and, an as-built survey Mr. Kohls requested, indicated the measurements weren't correct. The house is within the setback but the garage is off by .85 feet. Franzen stated page two of the staff report identified four reasons for approval of the variance. He said another reason for approval is that a portion of the house actually exceeds the 30 foot setback. Nelson asked if the house encroached on any wetland or shoreline. Franzen replied it did not. Stoelting asked for input from the surveyor regarding the survey. Paul Otto of Otto Associates, Inc., stated he was hired by Mr. Kohls to survey the parcel. He said in doing so they staked the measurements. He said an as-built survey was done and it indicated measurements were off. He said this was not intentional and they would like to ensure that future owners of the home don't have problems because of the home not meeting the setback. Foote asked if it's typical to do an as-built survey. Mr. Otto replied some cities require it and some don't. Foote asked if this was a rare occurrence to be off on the measurement. Mr. Otto replied it is rare as they normally allow extra space to stay away from setbacks. Sutherland asked if they typically do as-built surveys in Eden Prairie. Mr. Otto responded he has not done much work in Eden Prairie. He said Minitrista is very strict and requires building permit, as-built and final surveys. He said Medina requires three surveys as well. Sutherland asked why they did an as-built in this instance. Mr. Otto replied the homeowner requested it. Mr. Kohls stated when they were putting in the footings the inspectors said something didn't seem right and they decided to have an as-built survey done. Stoelting stated that this is the second variance request in the last six months that's related to the issue of a building deviating from minimum setbacks. He asked staff what options the Board has with this type of request. Franzen stated one option would be to move the building back and the other option would be to approve the variance. He said with all the variances that have come through over the years, there have been very few that are the result of non- conformance to a plan. He stated for the City to require as-built surveys, it would be very time consuming and require more staff. He said if this type of thing were happening more often, they might want to review the survey process but he doesn't see that happening. MOTION by Sutherland, second by Koenig, to close the public hearing. Motion carried, 5-0 Planning Board Minutes March 8, 2004 Page 3 MOTION by Sutherland, second by Foote, to approve the following variance: Front yard structure setback variance from 30 feet to 29.15 feet from Stable Path Road. Motion passed 5-0. VI. MEMBERS' REPORTS Koenig asked whether there would be new members for the Board. Franzen responded the City Council will be appointing members at its March 9 meeting. She asked about the Pemberton Landing project and whether it will be going to the Council as it was originally presented to the Board. Franzen responded that it will be going to the March 23 City Council meeting. He said Mr. Bohlman indicated he is considering a plan without waivers which would result in removing 16 units from the proposal. Franzen stated he told Mr. Bohlman that staff would not support the plan as 6.7 units per acre is still too dense for the neighborhood. VII. CONTINUING BUSINESS VIII. NEW BUSINESS IX. PLANNERS' REPORTS Stoelting asked about upcoming projects. Franzen responded there will be four items for the next Planning Board to consider. The first is a proposal by Slumberland which is to be located at the corner of Topview Road and Valley View Road. Koenig asked if they will want access to Topview Road. Franzen responded they haven't asked for that.He stated the second project is for a town office park on Highway 5,near Venture Lane. He said the third item will be an amendment to the sign code regarding commercial and noncommercial speech. The fourth item is called Fountain Place located along T.H. 212 which includes restaurants and retail. X. ADJOURNMENT MOTION by Sutherland, second by Foote, to adjourn. Motion passed 5-0. There being no further business, the meeting adjourned at 7:25 p.m.