Planning Commission - 10/26/2009 APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY, OCTOBER 26, 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
Vice Chair Kirk called the meeting to order at 7:00 p.m. Absent: Lechelt, Pitzrick,
Rocheford and Stoltz.
II. APPROVAL OF AGENDA
Kirk stated there will be an amendment to the agenda and they will not be approving the
minutes from the October 12, 2009 meeting as they were not included in the packet.
MOTION by Schultz, seconded by Wuttke, to approve the agenda as amended. Motion
carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON OCTOBER 12, 2009
Not available for approval.
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 (a continued public hearing)
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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
• 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
Franzen stated the reason for the continuance was to give the Commission
Members an opportunity to review the Facts and Findings. Staff recommends
approval. Franzen also stated there is a letter from LeVander, Gillen & Miller,
P.A. They would like the letter officially entered as public record. The letter is
dated 10/26/09. MOTION by Lee, seconded by Schultz, to close the public
hearing. Motion carried 5-0.
Kirk opened the meeting up for public input. There was no public input.
Schultz thanked City Staff and KinderCare for the additional time to review the
variance request. He pointed out he is in agreement of the variance request.
Lee asked, in regards to the letter, can they strike the last paragraph of the letter
from their findings.
Ric Rosow, Eden Prairie City Attorney, said they should follow the staff findings
and not strike it from the findings and should not concern themselves with the
condemnation of property.
Wuttke asked Russo about detriments to KinderCare with the decreased lot sized.
Russo said they continue to investigate this,but it should not be the subject of the
variance request. MOTION by Martin, seconded by Wuttke, to recommend
approval of the Final Order#209-12. Motion carried 5-0.
B. Variance 2009-11 by Daniel Grote for property located directly north of 7220
Willow Creek Road
Request to permit:
• A non-commercial dock to extend into Bryant Lake a length of 120 feet.
City Code permits 72 feet.
• A dock setback from a side lot line, as extended into Bryant Lake, 0 feet
from the north line. City Code requires 15 feet.
• One or more boat slips which would open towards the south side lot line
less than 20 feet. City Code requires 20 feet.
• A residential dock of 592 square feet. City Code maximum is 450 square
feet.
• A mooring of boats on the north side of the proposed dock, therefore,
moored boats crossing over the north lot line extended into Bryant Lake.
EDEN PRAIRIE PLANNING COMMISSION MINUTES
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Franzen started out by summarizing the variance request. He stated in the staff
report there are exhibits A through G relating to this variance request. In order to
meet the undue hardship there is a three factor test that must be met. The first
factor is reasonable use of the property. Franzen pointed out it is reasonable to
have a dock on the lake. The second factor is unique circumstances. The lot
width could be a unique circumstance because it is smaller than the current
requirement for lot width and because the water depth at this end of the lake is
shallower. The third factor test is neighborhood character. Under this factor
consider whether the resulting structure will be out of scale, out of place, or
otherwise inconsistent with the surrounding area and referred to the graphic show
other docks on the lake. Franzen said there are two alternatives listed on page 3
of the staff report. The first alternative would be to build a conforming dock. The
second alternative would be to grant variances for existing dock.
Daniel Grote, of 7061 Willow Creek Road, presented the variance request. He
pointed out this part of the lake is the shallower part; which enables Lilly pads to
grow in this environment. They need to have the dock extend out to eliminate
problems with the shallow water. Mr. Grote stated they would be happy staying
at 96 feet but would like to add a 30 foot section.
Kirk opened the meeting up for public input.
Brian Duoos, of 7160 Willow Creek Road, owns the property to the north of this
dock. He said part of this request would be to put the dock 10 feet from the
property line, instead of the 0 feet that they initially had. He said he is fine with
that. He also said this dock would be 12 sections long and pointed out the water
is very low in this area and understands extending the dock for that reason. He
said he is fine with 12 sections but would want it to be looked at every year for
extension of the dock.
Dick Seidenstricker, owner of 7221 Willow Creek Road, which is across the street
from the dock and 7220 Willow Creek Road, which is south of the access to the
dock. He said he had concern over potential impact to the property at 7220
Willow Creek Road,but in looking more into the request found there would be no
impact. He stated from the property at 7221 Willow Creek Road, they can
visually see the dock. They were informed there would be nothing stored on the
dock. Because of this, they are in support of the variance request.
Martin asked what the significance of the length of the dock is. Mr. Grote said
they need the length because of the level of the water in the area.
Mr. Seidenstricker stated the length of the deck relates to the water level because
the further south the property is, the shallower it gets.
EDEN PRAIRIE PLANNING COMMISSION MINUTES
October 26, 2009
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Wuttke said it would be appropriate to have a depth finder to see how deep the
water really is. Mr. Seidenstricker said he was out today in water waders, and
went out to the end of the 96 foot dock and the water only came up to his chest.
Martin asked how many boats Mr. Grote sees putting in the water. Mr. Grote said
it would probably be five.
MOTION by Schultz, seconded by Wuttke, to close the public hearing. Motion
carried 5-0.
Kirk asked Franzen to address the issue of storage on the dock. Franzen the
owner of the lot can store the dock. No recreational vehicles can be stored on the
lot.
Lee asked Franzen if notice went out beyond the residents in the association.
Franzen said notice went out to all residents within 500 ft. of the dock.
MOTION by Schultz, seconded by Wuttke, to recommend approval of Final
Order#2009-11. Motion carried 5-0.
C. Wal-Mart by Benham Corporation, LLC.
Location: 12195 Singletree Lane.
Request for:
• Zoning District Amendment in the Commercial Regional Service zoning
district on 16.86 acres.
• Site Plan Review on 16.86 acres.
Erik Miller, civil engineer for the project, presented the proposal. He stated the
Wal-Mart store has been in Eden Prairie for 15 years and is in need of repair.
They would like to update the store and make it a new store shopping experience.
In the southeast corner they would also like to add a truck dock and a screened
recyclable area. With the site improvements there would be improvements to the
parking lot and landscaping. The access points to the building would remain the
same. They would be placing a new logo on the building and using neutral
colors. The sidewalks would be textured concrete. They would also have
pedestrian lighting. Mr. Miller stressed that right now they are challenged by the
existing store. Wal-Mart has also agreed to provide the City with a 10 foot wide
easement along Singletree Lane and a 15 foot wide easement along Regional
Center Drive. Mr. Miller stated the City has requested conditions to this request;
which are listed on page 5 of the staff report. They are willing to work with the
City on these but would like further dialog on items 5 and 6; which would be to
provide an easement along the east property line to allow Eden Road to connect to
Regional Center Road and to agree to become part of the future Special Service
District.
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Kirk asked Franzen to review the staff report. Franzen said Staff recommendation
is for approval. He stated a Special Service District is a commercial version of a
homeowners association. There is a board and the board decides on a budget,
contractors, and level of maintenance for sidewalks, landscaping and other
amenities. In regards to Eden Road, there are many vertical challenges associated
with this road. The primary focus would be designing it because there are some
grade differentials.
Kirk opened the meeting up for public input. There was no input.
Schultz asked Mr. Miller if there are any 2 level stores anywhere. Mr. Miller
stated there are some 2 level stores,but they acquired them through acquisitions.
Wuttke asked if the pond on the southwest corner of the property was a nurp
pond. Rue said he suspects it is a nurp pond. Wuttke asked if the nurp pond
would be up to standards. The project proponent confirmed it would be up to
standards.
Kirk indicated that Wal-Mart wanted more dialog on items 5-6 and could he
comment on this. Franzen stated they would give Wal-Mart clarification on the
language and conditions about the special service district,but being in the district
is not negotiable since there are other property owners in the area that have agreed
to be part of one. In regards to the easement, the staff will know more detailed
information about the easement shortly since they are meeting with a consultant to
go over plans for Windsor Phase 2, and that should help define the easement
better. Mr. Miller confirmed they will be working with the City on items 5 and 6.
Franzen added that the commission should consider all of the conditions on page
5 of the staff report as part of the discussion for approval.
MOTION by Wuttke, seconded by Schultz, to close the public hearing. Motion
carried 5-0.
MOTION by Wuttke, seconded by Schultz, to recommend approval of the
Zoning District Amendment within the Commercial Regional Service Zoning
District on 16.86 acres, and Site Plan Review on 16.86 acres, based on plans
stamped dated October 23, 2009, and the staff report dated October 23, 2009.
Motion carried 5-0.
VII. PLANNERS' REPORT
VIII. MEMBERS' REPORT
IX. CONTINUING BUSINESS
X. NEW BUSINESS
EDEN PRAIRIE PLANNING COMMISSION MINUTES
October 26, 2009
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XI. ADJOURNMENT
MOTION by Schultz seconded by Lee, to adjourn the meeting. Motion carried
5-0.
There being no further business, the meeting adjourned at 8:23 p.m.