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Planning Commission - 05/22/2006 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, MAY 22, 2006 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road BOARD MEMBERS: Jon Duckstad, John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Peter Rocheford, Fred Seymour, Ray Stoelting, Jon Stoltz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Mike Franzen, City Planner Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoelting called the meeting to order at 7:00 p.m. Absent: Rocheford, Seymour, and Stoltz. II. APPROVAL OF AGENDA MOTION by Koenig, seconded by Kirk, to approve the agenda. Motion carried 6-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON MAY 8, 2006 Koenig was not present at the meeting but asked for clarification of the last sentence on the bottom of page 3. Franzen clarified that is should say, "give credit for the spaces where the cars are parked at the pump islands." Koenig also stated that under"Member's Reports" where it states that Kirk attended the Way Finding Committee and talked about NCA issues, it should be "MCA". MOTION by Kirk, seconded by Pitzrick, to approve the minutes. Motion carried 5-0. Koenig abstained. IV. PUBLIC MEETING V. INFORMATIONAL MEETING Planning Commission Minutes May 22, 2006 Page 2 VI. PUBLIC HEARINGS A. VARIANCE#2006-04 by Nanette K. Mastaln. Request to: To permit a front yard setback of 20 feet for a deck replacement. City Code requires a 30 foot front yard setback in the R1-9.5 zoning district.. Location of the property is 16391 Adret Court. Nanette Mastaln,homeowner at 16391 Adret Court,presented the proposal. She started out by stating that this variance is for a rear yard setback and not a front yard setback. She stated that her property is unique in that there are streets on both sides of the property. What she is asking for in her proposal is to just replace the 10' x 20' deck and not to add any additional footage to the deck. She pointed out that when she purchased the home last June it was in great disrepair. She has since replaced the windows, sliding glass door, trim and doors on the inside of her home. She stated that she noticed the deck, including the stairs and ledger board, were rotten,but could not be replaced until this spring. When her contractor went to pull the permit they found out that the original permit was for a 10' x 10' deck that was pulled years ago and that is the reason for the variance request. Ms. Mastaln also pointed out that one of the major reasons she purchased her home was because of the size of the deck. Because she is severely allergic to grass, the only way she can enjoy her yard is to be out on her deck. Ms. Mastaln also stated that she does have signatures from her immediate neighbors to show their approval of the new deck. Stoelting reiterated what the State regulations define as hardships and asked Ms. Mastaln to explain her hardships. Ms. Mastaln stated her hardships include the fact that she should not be penalized for what the previous owners did to the home. She also stated that she is unable to use her rear yard unless she walks out her front door and around to the rear yard. Stoelting asked if the neighbors on both sides of her home signed off on the list. Ms. Mastaln stated that they did sign off on the list. Powell stated that the property appears unique due to its shape and pointed out that the back yard could be perceived as a front yard. He said because of this he feels that the fence between her home and Duck Lake Road needs to be maintained. He asked Ms. Mastaln who owns the fence. Ms. Mastaln stated that she does own the fence and it is currently being maintained. Duckstad asked Ms. Mastaln if she was aware that there was a problem with the non-conforming deck when she purchased the home. Ms. Mastaln stated that she was unaware of any non-conforming issues and was only made aware of the situation when her builder pulled the permit for the deck. Planning Commission Minutes May 22, 2006 Page 3 Duckstad asked Franzen if there was an error in the notes when it refers to this variance as a front yard setback. Franzen stated that since the property is bordered by two streets, there are technically two front yards. He said that in this situation, what needs to be taken into consideration is the actual horizontal distance between the proposed deck and the curb line. He pointed out that in a typical residential street in Eden Prairie a home is usually situated 46' away from the curb line, 35` feet for the setback and 11 feet for the right of way or boulevard. In this particular situation, this house is set back 58'from the curb line and when 10' is subtracted for the deck, she has a setback of 48', which is greater than the normal setback. Duckstad asked Ms. Mastain about her health problem and if she does have problems walking out on the grass. Ms. Mastain stated that she has a severe allergic reaction to fresh cut grass and has been hospitalized three times in the past prior to purchasing this home for this allergic reaction. She pointed out that this deck would allow her to be in her yard without being on the grass. Stoelting asked Franzen to review the staff report. Franzen stated that for all of the decks he has looked at in Eden Prairie, a 10' x 10' deck would not be large enough and certainly a 10' x 20' deck is still small in relationship to other decks in Eden Prairie. Franzen pointed out that the footings and structural elements are in place for the deck out there now, which is currently non-conforming, and if this variance is approved, the City would be allowing an exception to the Code and the deck would no longer be considered non-conforming. Pitzrick asked Ms. Mastain about her framing plan and questioned her about her staircase going beyond the 10' x 20' deck plan and that the stairway would go further into the setback area. Ms. Mastain stated that she had talked with a representative of the City and they told her that the stairway is not considered to infringe into the setback area. Franzen confirmed that the stairway is not considered and encroachment into the setback area. Koenig asked if the replacement of the deck would impact any of the existing trees. Ms. Mastain stated that the building of the deck would not impact any of the existing trees. Duckstad asked Franzen if Ms. Mastain is being penalized because of the smallness of her lot. Franzen stated that what should be looked at is the shape and depth of the lot and not the size. Koenig stated that Ms. Mastain's allergies are a valid hardship. Stoelting opened the meeting up for public input. Planning Commission Minutes May 22, 2006 Page 4 Terry Herbst, the neighbor right next door to the proponent, at 16407 Adret Court, stated that she is in favor of her neighbor rebuilding the deck and she and her husband appreciate the work Ms. Mastain has done on her home. MOTION by Koenig, seconded by Kirk, to close the public hearing. Motion carried 6-0. MOTION by Koenig, seconded by Kirk, to approve the front yard setback variance of 20 feet for a deck replacement based on plans stamped dated May 5, 2006, and the staff report dated May 19, 2006. Motion carried 6-0. VII. MEMBERS' REPORTS VIII. CONTINUING BUSINESS Stoelting asked Franzen if the Joint City Council Planning Commission Meeting has been rescheduled. Franzen stated that is has not been rescheduled. IX. NEW BUSINESS X. PLANNERS' REPORTS Franzen stated that the June 10th Planning Commission meeting will have two items on the agenda. The first item being a variance for a building addition and the second item being an addition to the Southwest Metro bus garage. XI. ADJOURNMENT MOTION by Koenig, seconded by Kirk, to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting adjourned at 7:38 p.m.