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
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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?
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August 27, 2007
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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
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August 27, 2007
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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.