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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 EDEN PRAIRIE PLANNING COMMISSION MINUTES October 12, 2009 Page 2 • 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 EDEN PRAIRIE PLANNING COMMISSION MINUTES October 12, 2009 Page 3 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 EDEN PRAIRIE PLANNING COMMISSION MINUTES October 12, 2009 Page 4 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. EDEN PRAIRIE PLANNING COMMISSION MINUTES October 12, 2009 Page 5 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.