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Planning Commission - 10/27/2003 APPROVED MINUTES EDEN PRAIRIE COMMUNITY PLANNING BOARD MONDAY, OCTOBER 27, 2003 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 Mike Franzen, City Planner Al Gray, City Engineer 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 Brooks, Foote, Steppat and Sutherland. Absent: Koenig, Nelson, Seymour Franzen informed the Board members of the resignation of Paul Sodt. II. APPROVAL OF AGENDA MOTION by Steppat, second by Foote, to approve the minutes. Motion carried, 5-0 III. MINUTES A. Minutes of the September 22, 2003 Community Planning Board Meeting Foote stated on page 7,paragraph 4, second sentence, should read " He didn't believe there would be any excess traffic with this small development." Steppat stated on page 6, paragraph 2, beginning of the 2nd line, to add the words "the adjacent". Sutherland indicated the date in the heading on the first page should be September 22, not September 8. MOTION by Steppat, second by Foote, to approve the minutes of the September 22, 2003 Community Planning Board Meeting. Motion carried, 4-0, Sutherland abstained. Planning Board Minutes October 27, 2003 Page 2 IV. PUBLIC MEETINGS V. PUBLIC HEARINGS A. BROOKVIEW RIDGE by David and Patricia Smith. Request for Planned Unit Development Concept Review on 4.56 acres, Planned Unit Development District Review with waivers on 4.56 acres, Zoning District Change From Rural to R1-22 on 4.56 acres, and Preliminary Plat of 4.56 acres into 5 lots. Location: 9780 Brookview Circle. Franzen stated the proponent is asking for additional time to prepare revised plans in accordance with the Board's direction from the previous meeting. The developer is asking for a continuance to the December 8 meeting. MOTION by Foote, second by Brooks, to recommend a continuance to the December 8, 2003, meeting. Motion carried, 5-0 B. VARIANCE#2003-10 for Anthony Lissick, for property located at 17159 Trenton Lane, Eden Prairie, MN. To permit approval for construction of a 12'x 25' third stall garage addition having a side yard setback of 8.85'. City Code requires a side yard setback of 10' on each side with a total side yard setback of 25'. Mr. Lissick stated he would like to add a third stall to his garage in order to store his boat in the summer and his snow mobile trailer in the winter. He displayed drawings of the additional stall. He said he considered several options, including putting in a narrower garage with an 8 foot door but this wasn't feasible because the garage stall needs to be wide enough accommodate his boat which is over 7 feet wide. He said he doesn't want to leave his boat or trailer in the driveway. He stated the variance is for an additional 1.5 feet to make the depth of the garage 12 feet which would be necessary to accommodate a 9 foot garage door. Franzen stated there are 34 single family homes on Trenton Drive and 24 of he houses have three stall garages. If the variance was allowed there would still be the minimum setback of 20 feet between buildings for the R1-13.5 district. Steppat asked whether neighbors had any objections to the addition. Mr. Lissick responded there was not. MOTION by Brooks, second by Foote to close public hearing. Motion carried, 5-0. Planning Board Minutes October 27, 2003 Page 3 MOTION by Brooks, second by Foote, to recommend approval of a side yard setback variance from 10' to 8.85' in the R1-13.5 Zoning District to permit the construction of a 12' x 25' third stall garage addition based on the following findings. • The variance will not change the 20 foot minimum distance required between buildings. • The variance request will be in keeping with the character of the neighborhood. Motion carried, 5-0. C. VARIANCE#2003-11 for James & Raynelle Perkins, Stephen Longman Builders, Inc. for property located at 7010 and 7014 Willow Creek Road 7010 Willow Creek Road (Lot 1, Block 1, Bryant Lake Heights) • Abutting Lot Minimum Lot Size on a Recreational Development Water without public sewer from 5 acres to 1.2 acres. • Abutting Lot Minimum Lot Width at the Building Line on a Recreational Development Water without public sewer from 300 feet to 220 feet. • Street frontage in the R1-22 Zoning District from 90 feet street frontage and 55 feet street frontage on a cul de sac to 25 feet. 7014 Willow Creek Road (Lot 3, Block 1, Bryant Lake Heights) • Abutting Lot Minimum Lot Size on a Recreational Development Water without public sewer from 5 acres to .62 acres. • Abutting Lot Minimum Lot Width at the Building Line on a Recreational Development Water without public sewer from 300 feet to 120 feet. • Abutting Lot Width at the Ordinary High Water Mark on a Recreational Development Water without public sewer from 150 feet to 145 feet. • Street frontage in the R1-22 Zoning District from 90 feet street frontage and 55 feet street frontage on a cul de sac to 45 feet. Franzen stated there are two property owners, James and Raynell Perkins own Lot 1, and Stephen Longman owns Lot 3. The zoning ordinance states that variances must be used within a year after approval. James Perkins'plat was approved within 45 days of the variance approval and his plat was filed in 30 days later. This had been challenged by an abutting property owner who asserts that the variances have expired since the homes have not been built. The City could go to court with this but this would save time and money by taking action to approve the variances. The staff recommendation is to approve the variances. They are the same variances approved in 1999, and identified in the Developer Agreement for Bryant Lake Heights. Foote asked for a clarification regarding the ordinance language indicating a variance must be used within one year. Franzen responded that the code states: Planning Board Minutes October 27, 2003 Page 4 "Variances granted ..... shall be used within one year and if not, the variance will be of no further force and effect." MOTION by Steppat, second by Foote, to close the public hearing. Motion carried, 5-0 MOTION by Steppat, second by Foote, to recommend approval of the following variances. 7010 Willow Creek Road (Lot 1, Block 1, Bryant Lake Heights) • Abutting Lot Minimum Lot Size on a Recreational Development Water without public sewer from 5 acres to 1.2 acres. • Abutting Lot Minimum Lot Width at the Building Line on a Recreational Development Water without public sewer from 300 feet to 220 feet. • Street frontage in the R1-22 Zoning District from 90 feet street frontage and 55 feet street frontage on a cul de sac to 25 feet. 7014 Willow Creek Road (Lot 3, Block 1, Bryant Lake Heights) • Abutting Lot Minimum Lot Size on a Recreational Development Water without public sewer from 5 acres to .62 acres. • Abutting Lot Minimum Lot Width at the Building Line on a Recreational Development Water without public sewer from 300 feet to 120 feet. • Abutting Lot Width at the Ordinary High Water Mark on a Recreational Development Water without public sewer from 150 feet to 145 feet. Street frontage in the R1-22 Zoning District from 90 feet street frontage and 55 feet street frontage on a cul de sac to 45 feet. Motion carried, 4-0, Brooks abstained D. MEADOWCROFT by Nickel Land Company for Planned Unit Development Concept Review on 14.6 acres, Planned Unit Development District Review with waivers on 7.08 acres, Zoning District Change from Rural to R1-22 on 7.08 acres, and Preliminary Plat of 14.6 acres into 4 lots and 2 outlots. Location: 9950 Dell Road. Daren Laberee of Westwood Professional Services, Inc. presented the project. He said the project had been in front of board before and they were asked to reduce density and tree loss and stay within the MUSA line. He stated the current plan is less dense and consists of 14 1/2 acres of which 7 1/2 acres are to be given to the City for parkland. He said they intend to impact the site as little as possible. He stated the topography of the site includes a creek, woods and a ravine. He said there is no public road because of the existing topography but there is an easement in place for access to the site. The tree loss on the site will be approximately 9%. Planning Board Minutes October 27, 2003 Page 5 He continued the landscape plan buffers the development from neighbors. The building pads are within the MUSA line although some of the grading will be outside the MUSA. They had tried keeping all of the grading within the MUSA but it would result in having to build 17 foot high retaining walls which are a safety issue. Franzen stated the developer was previously directed to develop the most environmentally sensitive plan they could. The exhibits indicate that the land will be given to the City and the proposed plan impacts the site in a minimal way. Steppat stated he noticed there is a billboard on the property and asked if it was going to be removed. Laberee responded it would. Stoelting asked staff about the tree loss and positioning of the house pads. Fox responded they are doing well regarding tree loss. It's consistent with other developments with similar topography. When there are steep slopes, heavier development is at the top of the slopes and trees are maintained on the lower parts. Brooks asked about price point of homes. Laberee responded they were priced between $400,000 and 575,000. Stoelting stated they had them readdress the location of the road because of the impact to the MUSA line. The alternative results in steep retaining walls. He asked if Board members were comfortable with the proposed plan. Brooks stated he believed they want to do the plan with grading outside the MUSA line. He asked why it would be important to grade within the MUSA. Franzen responded the Met Council developed the MUSA line to control the rate of growth of utilities and to protect the Minnesota River Bluff. According to code its not a bluff since it is not in a shoreland area and subject to bluff regulations but is referred to locally as the Minnesota River Bluff. The MUSA line is not a straight line, it meanders so all existing houses stay within in the MUSA line. If there had been no houses, the line would have been drawn straighter, running parallel with Highway 212 and there may not have been a MUSA line grading issue with this project. The Met Council was telling us this was the best part of the bluff but after reviewing the plans some minor grading outside the MUSA line saves more tree mass and overall grading is less. Steppat stated the plan seems to be the best possible use of a very difficult property. Sutherland agreed with Steppat. Foote stated he also agreed. Grading within the MUSA line with a 17 foot retaining wall is not a good alternative. MOTION by Brooks, second by Foote to close the public hearing. Motion carried, 5-0 Planning Board Minutes October 27, 2003 Page 6 MOTION by Brooks, second by Steppat, to recommend approval of a Planned Unit Development Concept Review on 14.6 acres, Planned Unit Development District Review with waivers on 7.08 acres, Zoning District Change From Rural to R1-22 on 7.08 acres, and Preliminary Plat of 14.6 acres into 4 lots and 2 outlots,based on plans dated October 17, 2003, subject to the recommendations of the staff report dated October 24, 2003, to the City Council. Motion carried, 5-0 VI. MEMBERS REPORTS Stoelting stated that the Board will miss former Board member Sodt's experience and input and he wished him luck. Board members unanimously agreed. VII. CONTINUING BUSINESS VIII. NEW BUSINESS IX. PLANNERS' REPORTS A. STEPHEN LONGMAN BUILDERS INC., LAND ALTERATION PERMIT IN A SHORELAND AREA AT 7014 WILLOW CREEK ROAD Gray stated the Board is being asked to review and approve a permit request from Stephen Longman Builders to alter land in a shoreland area to place fill in an area previously occupied by a tennis court. The Board,by code, is asked to review the environmental impacts of the land alteration permit which includes erosion and trees. He said there is an erosion control plan and no trees will be lost in the fill area. MOTION by Brooks, second by Foote, to recommend approval of the request by Stephen Longman Builders Inc., for a land alteration permit in a shoreland area, based on plans dated October 12, 2003, and subject to the staff report dated October 23, 2003, to the City Council. Motion carried, 5-0 X. ADJOURNMENT MOTION by Steppat, second by Sutherland, to adjourn. Motion carried, 5-0 There being no further business, the meeting adjourned at 7:40 p.m.