Planning Commission - 10/12/2009 APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, OCTOBER 12, 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
Siira Gunderson, City Attorney
Julie Krull, Recording Secretary
I. PLEDGE OF ALLEGIANCE—ROLL CALL
Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Rocheford.
II. APPROVAL OF AGENDA
MOTION by Schultz, seconded by Martin, to approve the agenda. Motion carried 8-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON SEPTEMBER 14, 2009
MOTION by Schultz, seconded by Martin, to approve the minutes. Motion
carried 6-0. Lechelt and Wuttke abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. Variance 2009-12 by KC Properties LLC and City of Eden Prairie
Location: 8098 Glen Lane
Request to:
• Permit a front yard building setback from 30 feet to 14.5 feet
• Permit parking setback from 17.5 feet to 3 feet
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October 12, 2009
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• Permit abase ratio from .20 to .24
• Permit a floor ratio from .40 to .47
• Permit a freestanding sign setback from 20 feet to 5 feet
Stoltz asked Franzen to review the staff report. Franzen stated in looking at this
variance request the three factor test for undue hardship must exist. The first
factor is reasonable use of the property; the property cannot be put to a reasonable
use without the variance. It is reasonable to have parking adjacent to a public
road and to have an office building on the property. The second factor is unique
circumstances. That means the landowner's problem is due to circumstances
unique to the property not caused by the current land owner. The City
requirement for right of way creates the need for the variance. The third factor is
neighborhood character. Granting of this variance would not alter the character of
the neighborhood. Franzen stated the Commission should also determine what
the facts and findings are associated with this variance.
Stoltz opened the meeting up for public input.
Darcy Erickson, attorney representing KinderCare, stated Kindercare does not
oppose the granting of the variances but the taking of the property for the road
does impact the property.
MOTION by Kirk, seconded by Wuttke, to close the public hearing. Motion
carried 8-0.
Kirk asked where the location of the sign would be located. Franzen said the sign
would be between the driveway access of Singletree Lane and Glen Lane; on the
southeast corner of the property.
Pitzrick asked if the sign is located inside of the sidewalk. Franzen said it would
be located north of that.
Pitzrick asked what outdoor square footage KinderCare currently has. Siira
Gunderson, attorney for the City of Eden Prairie, addressed this question by
producing Exhibit A Findings to the Commission. She stated the City Attorney's
Office supports Staff recommendations for approval of the variance. She also
said if the variance is passed, it would incorporate the findings in Exhibit A.
Kirk asked why the findings were not included in the packet, but just presented at
the meeting this evening. Franzen said they were not ready at the time of
preparing the packet and they were just completed today.
Pitzrick asked how many square feet is needed for this outdoor day care center
and how will this impact the day care. Ms. Gunderson said right now this should
not be of a concern. Pitzrick said he had a concern granting this request because
the guide plan was not completed yet. Ms. Gunderson said this is a Council
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October 12, 2009
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approved acquisition of property. Pitzrick said it is not right to ask the
Commission Members to grant this without the needed information ahead of time.
He pointed out that he and Commissioner Schultz did not receive their packets for
the meeting this evening.
Wuttke asked what changes the day care will have to make in regards to
occupancy. Ms. Gunderson said the issue of the day care license is not the issue
this evening. Because of taking the land, it becomes non-conforming. The City
does not want that, so that is the reason for the variance request.
Lechelt said she wants to know, long term, if the day care will be able to stay
there. Ms. Gunderson said the City and the property owner have had discussions
and this is a contested issue. She pointed out the condemnation lawsuit is
currently pending in district court. Martin asked if there would be an opportunity
in the future for this to be overturned. Ms. Gunderson pointed out the variance
will not have an adverse affect on this property. Franzen said the use of property
should be separate from the variances and once the variances are granted they
cannot be taken away. He pointed out the Commission Members should make
their decision on the three criteria for undue hardship. Ms. Gunderson pointed out
they are acquiring this property through condemnation.
Schultz stated he and Pitzrick did not get their packet prior to the meeting and he
feels uncomfortable making a decision and asked if an extension can be granted.
Franzen stated the commission would have to reopen the hearing and continue
discussion. Schultz said he does not feel comfortable and would ask for an
extension because he did not have the facts prior to the meeting.
Kirk said he is uncomfortable endorsing the findings since they have not had a
chance to read them and he would like a continuance in the process. Pitzrick said
he also prefers a continuance.
Lechelt asked if Singletree Lane is under state aid standards. Rue said Singletree
Lane is not under state aid. Lechelt commented there have been findings that
complete streets do not cause additional accidents and could be lessened. Rue
stated the roadway is narrow enough. Lechelt felt if the roadway would be
decreased the variance could also be decreased. Rue said Eden Prairie has been
very accommodating to pedestrians but they also have to take motorists into
account.
Wuttke asked what would happen if this variance request was denied. Ms.
Gunderson said the daycare would become a nonconforming use. The City does
not want that to happen and that is why they are encouraging this variance request
be granted.
Pitzrick said in the past they have looked at the whole picture and how it would
affect the other neighbors. Without understanding the whole project he stated it
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October 12, 2009
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would be hard to grant this request. Franzen stated notices were sent out to the
surrounding property owners and have received no feedback. Kirk said he is
uncomfortable with agreeing to this without having time to look into the findings.
Lee said from his point of view he believes the property owner is receiving more
and granting this would not hurt the property owner. He also feels this request
should be continued due to Pitzrick and Schultz not receiving their packets.
Franzen stated the meeting needs to be re-opened in order to continue it.
Lechelt asked if they deny this than does the City take a portion of KC PropCo's
property anyway under condemnation. Ms. Gunderson stated that was a correct
statement because the City's Petition for condemnation has already been approved
by the Court.
MOTION by Kirk, seconded by Wuttke, to open the public hearing. Motion
carried 8-0.
MOTION by Kirk, seconded by Schultz, to recommend a continuance to the
October 26, 2009 meeting. Motion carried 8-0.
B. Olympic Hills Chris Addition
Location: Franlo Road and Niblick Lane
Request to:
• Zoning District Change from Rural to R1-13.5 on 1.24 acres.
• Zoning District Amendment within the R1-13.5 zoning district on .05
acres.
• Preliminary Plat of 3 lots and road right of way on 1.29 acres
Stoltz asked Franzen to review the staff report. Franzen stated Staff
recommendation is for approval based on recommendations on page 2 and 3 of
the staff report.
Stoltz opened the meeting up for public input.
Lawrence Durand, President of Stuart Investment, stated they are requesting
development of the property into 3 lots.
Ken Tannerhill, of 10631 Niblick Lane, and Kent Terk, of 10500 Niblick Lane,
approached together to make public comments. Mr. Terk asked if the 3 homes
were going to be built in conjunction with the Covenant. He also asked, in regard
to the outlot,how was this approved in the first place. Mr. Tannerhill pointed out
the neighbors of GolfView Estates meets or exceeds value in the area and they
want assurance it will continue with these three lots.
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October 12, 2009
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Schultz asked these two gentlemen what they would like to have done with the
property. Mr. Tannerhill and Mr. Terk said they would like to see two homes
versus three homes built on the lot.
Mike Adams, of 9720 Franlo Road, developer of the property, addressed the two
questions. He said they intend to make these homes very nice. He pointed out
access will be off of Niblick Lane. They also plan to have the best in landscaping.
In regards to the three lots, Mr. Adams pointed out this area of land could
potentially have four lots. They are bigger than most lots in Olympic Hills. hi
regards to the Covenants, they were drafted by him and he approved all the homes
in the area.
Schultz asked how the outlot was approved. Franzen stated there is no
documentation in the files indicating why the outlot is there.
MOTION by Lee, seconded by Lechelt, to close the public hearing. Motion
carried 8-0.
Lechelt asked if Franlo Road meets up to Prairie Center Drive. Rue said it does
not; it is the same name road but a different road.
Wuttke asked if the three lots meet the zoning requirements. Franzen stated they
do meet the zoning requirements.
MOTION by Wuttke, seconded by Martin, to recommend approval of the Zoning
District Change from Rural to R1-13.5 on 1.24 acres, Zoning District Amendment
within the R1-13.5 zoning district on .05 acres and Preliminary Plat of 3 lots and
road right of way on 1.29 acres based on plans stamped dated September 23,
2009, and the staff report dated October 9, 2009. Motion carried 8-0.
VII. PLANNERS' REPORT
Franzen stated there will be three items at the next Planning Commission Meeting. The
first item will be a continued item. The second item is a dock variance. The third item
will be plans for Wal-Mart.
VIII. MEMBERS' REPORT
IX. CONTINUING BUSINESS
X. NEW BUSINESS
ADJOURNMENT
MOTION by Wuttke seconded by Schultz, to adjourn the meeting. Motion carried
8-0. There being no further business, the meeting adjourned at 8:10 p.m.