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Planning Commission - 08/27/2007 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,AUGUST 27, 2007 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Vicki Koenig, Jerry Pitzrick, Frank Powell, Pete Rocheford, Fred Seymour, Ray Stoelting, Jon Stoltz, Kevin Schultz STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Al Gray, City Engineer Mike Franzen, City Planner Lori Creamer, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Acting Chair Seymour called the meeting to order at 7:00 p.m. Absent: Koenig, Powell, Stoelting and Stoltz. II. APPROVAL OF AGENDA MOTION by Kirk, seconded by Pitzrick, to approve the agenda. Motion carried 5-0. III. MINUTES PLANNING COMMISSION MEETING HELD ON AUGUST 13, 2007 On page 6, paragraph 3, Kirk wanted the end of the paragraph to read, "Kirk said he would like to see the Prospect Road discussion minimized because it has been already addressed." He would like the last sentence of the same paragraph to read, "Kirk said what is on the table tonight is a reasonable compromise in light of previous approvals and compromises." MOTION by Rocheford, seconded by Pitzrick, to approve the minutes as amended. Motion carried 5-0. PLANNING COMMISSION MINUTES August 27, 2007 Page 2 IV. PUBLIC MEETINGS V. INFORMATIONAL MEETINGS VI. PUBLIC HEARINGS A. VARIANCE#2007-20 Request to: Permit construction of a 288 square feet, water-oriented accessory structure. City Code does not allow a water-oriented accessory structure to occupy an area greater than 250 square feet. City code does allow one, water-oriented accessory structure in the Shoreland Impact Zone. Property location is 6370 Indian Chief Road. Mark Dierauer, Boy Scout working on his Eagle Project,presented the proposal. Mr. Dierauer utilized the overhead projector and showed the current structure and explained what he intended to do. Franzen stated there are three findings that should be considered. 1. The variance will not significantly alter the character of the shoreland area 2. The variance will allow for security and enjoyable use of Birch Island Lake by campers 3. The variance will allow greater accessibility to the lake for all users of the camp. If you choose to approve the variance you will need to do so with these findings. MOTION by Pitzrick, seconded by Kirk, to close the public hearing. Motion carried 5-0. MOTION by Pitzrick, seconded by Rocheford, to recommend approval of the Variance to permit construction of a 288 square foot water-oriented accessory structure within the shoreland impact zone based on plans stamped dated August 2, 2007 and the following findings: ■ The variance will not significantly alter the character of the shoreland area. ■ The variance will allow for security and enjoyable use of Birch Island Lake by campers ■ The variance will allow greater accessibility to the lake for al users of the camp ■ No significant vegetation will be removed. Motion carried 5-0. PLANNING COMMISSION MINUTES August 27, 2007 Page 3 B. VARIANCE#2007-19 Request to: Permit 5 garage stalls. City code permits a maximum of 4 garage stalls. Property location is 12762 Gordon Drive. Eric Wessels, owner of the property at 12762 Gordon Drive, presented the proposal. Mr. Wessels stated the lot which he is proposing the accessory structure is over 3 acres. He believes the location which has been chosen to build this accessory structure is not visible from the street and is blocked on three sides by existing trees. Wessels stated what he is asking for is significantly less that what is allowed by city code for the size of his lot. The intended use would be for storage of riding lawn mower, snow blower, extra vehicle, etc. I currently have a two car garage which is for my daily use vehicles. The same siding would be used to blend into the existing buildings. It would help the looks of the area since everything would be able to stored inside instead of on my driveway. Franzen stated page 2 of the staff report identifies four choices for the commission for approval of the variance . ■ The detached garage is not visible from Gordon Drive or neighborhood due to its location on the property and existing trees. ■ The variance will not significantly alter the character of the neighborhood ■ The total amount of accessory building is 1,456 square feet and is less than the code maximum of 9,576 square feet Kirk asked if Mr. Wessels talked to his neighbors. Mr. Wessels said he had not had time, though he intended to talk with Marcia, the neighbor who may be able to see his new structure from her 2nd floor. Pitzrick asked if Mr. Wessels was willing to use some kind of swinging door, would the commission need to grant the variance?Mr. Franzen stated no, a variance would not be needed in that case. Pitzrick stated he would rather not grant the variance. Kirk was ok with the variance with the stipulation the neighbors are ok with it. Were neighbors notified? Franzen stated notices were mailed out to residents with in 500 feet of the property. Pitzrick asked if Mr. Wessels plans to develop an access road to the accessory structure, and if so,how close to the neighbor would that be? PLANNING COMMISSION MINUTES August 27, 2007 Page 4 Mr. Wessels stated the accessory structure would be used for storage and it would not be used on a daily basis. He does not intend to put in a driveway or access road because of the expense and he would not want to change the way in which the water flows off of the property. Schultz stated he feels it is respectful to get permission from the neighborhood. He would be content with either type of door. Barbara Kaerwer of 12800 Gerard Drive, stated she though it was a wonderful plan and it was tactfully out of site. I would want to help him with the use of his property. Rocheford asked if the proponent paid a fee for the variance and the decision was made to go with the swinging door, would the fee be refunded? Franzen stated any unused portion of the fee would be returned if the proponent decided not to proceed with the vairance. MOTION by Schultz, seconded by Roheford, to close the public hearing. Motion carried 5-0. MOTION by Schultz, seconded by Kirk, to recommend approval of the Variance to permit 5 garage stalls based on plan stamped dated July 20, 2007 and the following findings: ■ The detached garage is not visible from Gordon Drive or neighborhood due to its location on the property and existing trees. ■ The variance will not significantly alter the character of the neighborhood. ■ The total amount of accessory buildings is 1,456 square feet and is less than the code maximum of 9.576 square feet. ■ The garage is 140 feet away from the neighboring house. Motion carried 5-0. C. LIBERTY PLAZA Request for: Comprehensive Guide Plan Change from Industrial to Office on 17.31 acres; Planned Unit Development Concept Review on 47.65 acres; Planned Unit Development District Review with waivers on 47.65 acres; Zoning District Amendment within the I-2 Zoning District on 30.34 acres; Zoning District Change from Rural and I-2 to Office on 17.31 acres; Site Plan Review on 17.31 acres; Preliminary Plat of 47.65 acres into two lots and road right-of-way. This is a continued item from the August 13, 2007 meeting. Rick Weiblen, Liberty Property Trust, stated we were here a couple of weeks ago and have since worked with Mike Franzen and Al Gray to come up with a plan PLANNING COMMISSION MINUTES August 27, 2007 Page 5 that works for everyone. He thanked staff and commission members for working with them on this project. Mr. Franzen stated the staff report shows the staff and proponent met and worked out the issues as directed by the Planning Commission. Kirk stated is seems like the compromises that have been negotiated were good. He felt good about what has been brought before the commission. MOTION by Kirk, seconded by Rocheford, close the public hearing. Motion carried 5-0. MOTION by Kirk, seconded by Rocheford, to recommend approval of the Comprehensive Guide Plan Change from Industrial to Office on 17.31 acres; Planned Unit Development Concept Review on 47.65 acres; Planned Unit Development District Review with waivers on 47.65 acres; Zoning District Amendment within the I-2 Zoning District on 30.34 acres; Zoning District Change from Rural and I-2 to Office on 17.31 acres; Site Plan Review on 17.31 acres and Preliminary Plat of 47.65 acres into two lots and road right-of-way based on plan stamped dated August 10, 2007 and August 24, 2007, and the staff reports dated August 10, 2007 and August 24, 2007. Motion carried 5-0. VII. PLANNERS' REPORT Monique Makenzie, from SRF Consulting, presented a summary PowerPoint of the Guide Plan changes to date. She highlighted the changes that have been made to chapters 1 through 11. Kirk asked about the environmental LEED Certification of commercial projects. It is appropriate to put some statements in housing the desire to move towards the environmental realm. Schultz echoed the desire to include green roofs, multiple levels of LEED Certification, economic incentives and tax abatements. Franzen stated the September 10, 2007 Planning Commission meeting will have one item and a potential variance. The Pointe on Lake Riley—Leu, and a sign variance for C.H. Robinson. VIII. MEMBERS' REPORT Seymour had a question about the Cambria sign resolution. Franzen stated if they couldn't make the structural change to the building, they would take the sign down. IX. CONTINUING BUSINESS PLANNING COMMISSION MINUTES August 27, 2007 Page 6 X. NEW BUSINESS XI. ADJOURNMENT MOTION by Schultz, seconded by Kirk to adjourn the meeting. Motion carried 5-0. There being no further business, the meeting adjourned at 7:52 p.m.