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Planning Commission - 09/14/2009 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, SEPTEMBER 14, 2009 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Alexander Martin, Jerry Pitzrick, Peter Rocheford, Kevin Schultz, Jon Stoltz, Travis Wuttke STAFF MEMBERS: Stu Fox, Manager of Parks and Natural Resources Michael Franzen, City Planner Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE—ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Lechelt and Wuttke. II. APPROVAL OF AGENDA Stoltz stated he would like to proceed with Variance 2009-09 first. MOTION by Kirk, seconded by Pitzrick, to approve the agenda as amended. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON AUGUST 24, 2009 Pitzrick had an addition on page 3, under Planners' Report, paragraph 4 to add to the last sentence, "including considering the Golden Triangle light rail station for the Town Center Area. MOTION by Kirk, seconded by Pitzrick, to approve the minutes as amended. Motion carried 5-0. Schultz and Stoltz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS EDEN PRAIRIE PLANNING COMMISSION MINUTES September 14, 2009 Page 2 A. Variance 2009-09 by David and Elisa Reinert Location: 19032 Saint Edwards Court Request to: • Permit a 93 foot setback from the Ordinary High Water Level of Purgatory Creek for a deck. City Code requires a 100 foot setback. David Reinert presented the proposal. He pointed out the way the deck was originally placed would obstruct the view to the living room. In moving it north, it would be going into the bedroom. If the deck were moved still further north it would encroach into the yard, which would hinder putting in such things as a jungle gym or a pool. Stoltz asked Franzen to review the staff report. Franzen stated the Commission has to determine if there is a hardship associated with this proposal. Franzen stated request meets the three part test for hardship including reasonable use, unique circumstance, and neighborhood character.Franzen pointed out there are other locations to place the deck but there would be practical difficulties associated with them. If this request is passed by the Commission, it should be approved with the following findings and conditions; approximately 24 sq. ft., or 7% of the deck is within the shoreland setback, the deck is comparable in size to other decks in the area, the average deck setback to the creek is 103 feet. Stoltz opened the meeting up for public input. There was no public input. Lee asked Franzen why the setback is 100 feet. Franzen the DNR created a state wide shoreland ordinance for all lakes and creeks in Minnesota and one of the primary requirements is a setback. The setback was created to protect the edge of lakes and creeks and to reduce the visual impacts of structures on lakes and creeks. The City adopted this ordinance in 1982. Rocheford stated this variance request is very similar to one approved a few years back, in which a variance was granted for a pool due to a utility easement. Rocheford said he is in favor of this variance request. MOTION by Schultz, seconded by Rocheford, to close the public hearing. Motion carried 7-0. MOTION by Schultz, seconded by Kirk, to recommend approval of the variance to permit a 93 foot setback from the Ordinary High Water Level of Purgatory Creek based on plans stamped dated August 21, 2009, and the staff report dated September 11, 2009 and based on the following findings and conditions: • Approximately 24 sq. ft. or 7% of the deck is within the shoreland setback. • The deck is comparable in size to other decks in the area. • The average setback to the creek is 103 feet. Motion carried 7-0. EDEN PRAIRIE PLANNING COMMISSION MINUTES September 14, 2009 Page 3 B. Variance 2009-08 by Jeffrey and Therese Heaton Location: 11981 Jarvis Circle Request to: • Permit a 13 foot rear yard setback for a deck. City Code requires a 20 foot setback. • Permit a 93 foot shoreland setback from the Ordinary High Water Level of Purgatory Creek for a deck. City Code requires a 100 foot setback. Brian Jacobson, deck contractor,presented the request on behalf of the homeowners. He stated he previously submitted a letter that included a handful of circumstances associated with this deck. Mr. Jacobson utilized the overhead projector to show the drawings of the property. He stated the homeowners purchased the home a year ago and the deck was already in place. The homeowners wanted to update the existing deck and increase the width by 2 feet. When they started looking into construction of the deck, that is when they found out the existing deck was not in compliance. Stoltz asked Franzen to review the staff report. Franzen stated the requests meets the three part test for undue hardship. It is reasonable use to have a deck on the property. The unique circumstance would be the deck was already in place when they purchased the home, and the fact the lot is very close to the creek. And the deck would fit in with the neighborhood character. Franzen stated there are also findings on page 2 of the staff report the Commission should consider. Stoltz opened the meeting up for public input. Katherine Fischer, a neighbor in the area, stated she appreciates the setbacks to protect the creek,but pointed out she does not ever see anyone using the creek for things such as canoeing, and is in favor of her neighbor extending the deck. Pitzrick asked where she lived. Ms. Fischer stated she lives at 11965 Runnel Circle, which are a few houses away from the Heatons. MOTION by Kirk, seconded by Schultz, to close the public hearing. Motion carried 7-0. MOTION by Kirk, seconded by Rocheford, to recommend approval of the variance to permit a 13 foot rear yard setback and a 93 foot shoreland setback from the Ordinary High Water Level of Purgatory Creek for a deck, based on plans stamped dated August 21, 2009, and the staff report dated September 11, 2009 and based on the following findings and conditions: • The existing deck was built by a previous owner. • The expansion of the deck is 40 square feet. • 77 square feet or 30% of the deck is in the 20 foot rear yard setback. • 129 square feet of the deck or 50% encroaches into the 100 foot shoreland setback. EDEN PRAIRIE PLANNING COMMISSION MINUTES September 14, 2009 Page 4 • The average setback of the house and deck to the creek is 141 feet. • The average deck size in the area is 266 square feet. MOTION carried 7-0. C. Code Amendment— Public Facility and Service to Public Infrastructure Franzen stated the question was raised, "could a single family home be considered a facility and be used as an office for a governmental agency." In talking with the City Attorney, there is a broad interpretation of"facility" could mean using a house for an office. The solution is to delete public facilities and services and replace it with a definition of public infrastructure. Stoltz opened the meeting up for public input. There was no input. MOTION by Rocheford, seconded by Schultz, to close the public hearing. Motion carried 7-0. MOTION by Rocheford, seconded by Martin, to recommend approval of the Ordinance Change relating to the definition of public infrastructure. Motion carried 7-0. VII. PLANNERS' REPORT Franzen stated there will be no meeting on September 28, 2009. He also stated there is a development proposal in from WalMart that could possibly be brought forth at the October 12 Planning Commission meeting. VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Rocheford, seconded by Stoltz, to adjourn the meeting. Motion carried 7-0. There being no further business, the meeting adjourned at 7:39 p.m.