Planning Commission - 01/25/2010 APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,JANUARY 25, 2010 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: Kirk, Pitzrick, Schultz and
Wuttke.
II. APPROVAL OF AGENDA
MOTION by Lechelt, seconded by Lee, to approve the agenda. Motion carried 5-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON DECEMBER 14, 2009
Lechelt had a correction to the spelling of"NURP" in part B under the category
of Minutes.
MOTION by Lee, seconded by Lechelt, to approve the minutes as amended.
Motion carried 5-0.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. Conditional Use Permit Amendment#2010-01, Smith Douglas More House
Location: 8107 Eden Prairie Road
Request to:
• To permit additional uses within the building and on the property
EDEN PRAIRIE PLANNING COMMISSION MINUTES
January 25, 2010
Page 2
Franzen presented the proposal. He stated currently there is a permit on the
property that allows Ann Schuster, person leasing the property, to sell coffee and
donuts and utilize office space upstairs. She would like to do other things both
inside and outside of the property. There is a list on page 1 and 2 of the staff
report of uses permitted by a conditional use permit. The City does not have a
concern with this list for items indoors. The only stipulation for outside items
would be they have them in a designated area behind the main building. The City
Staff recommends approval of the Conditional Use Permit Amendment for the
uses identified in the staff report.
Stoltz opened the meeting up for public input. There was no input.
Stoltz asked if they wanted to sell items not on the list would they have to come
before the Planning Commission again. Franzen said they would have to come
back if they wanted to sell something not within the character of what is on the
list, and pointed out generally the items are smaller in nature that they are selling.
Stoltz asked Ms. Schuster how long the lease is. Ms. Schuster stated it was two
years. Franzen stated the lease would be amended when they go before the City
Council.
Lee stated Dunn Brothers is currently there and asked if there would be additional
businesses added. Franzen stated they would not be adding another business and
they are selling these items in order to bring customers in.
Lee asked if Dunn Brothers would be handling the farmers market or would Ms.
Schuster be doing that. Ms. Schuster said it would be a little of both. She also
pointed out they pay rent for additional parking to the funeral home.
Rocheford asked the project proponent how business was going at Dunn Brothers.
Ms. Schuster stated business was okay,but parking is very limited and they are
selling these items to make more money. Rocheford asked if she would be
renewing the lease in a few years. Ms. Schuster said she would be renewing the
lease in a few years.
Lechelt asked who would be responsible for the outside area. Ms. Schuster said
they are responsible. Lechelt asked if the City would be responsible for any
outside maintenance with activities. Franzen said they do not anticipate
additional maintenance.
MOTION by Rocheford, seconded by Lechelt, to close the public hearing.
Motion carried 5-0.
MOTION by Rocheford, seconded by Lee, to recommend approval of the
Conditional Use Permit. Motion carried 5-0.
EDEN PRAIRIE PLANNING COMMISSION MINUTES
January 25, 2010
Page 3
B. Heritage Preservation Sites Ordinance Amendment
Request to amend the City Code
• Definitions and regulations for preservation management plans
• Criteria for alterations
• Identifying Heritage Preservation Sites designations
• Creation and removal of designations
John Gertz of 1933 Birch Street, White Bear Lake, presented the proposal. He
stated they were before the Commission in March 2009 and presented the idea of
updating the Heritage Preservation Code. He stated the Heritage Preservation
Commission, HPC, has been working on the code and he is here tonight to update
the proposed changes. Mr. Gertz presented a PowerPoint presentation of the
changes. The reasons for updating the ordinance would be because:
1. The ordinance is outdated. The current ordinance is nearly 20 years old.
Most cities surveyed updated their preservation ordinance 1-2 times in the last
20 years. It would bring the City's ordinance up to current Historic
Preservation standards.
2. The ordinance lacks definitions. Some examples would be minor work,
exterior appearance, rehabilitation, integrity, alteration, Heritage Preservation
Site and repair.
3. The permit review process is onerous and cumbersome. The new ordinance
would be streamlined for faster process and minor work could be approved by
staff and HPC. There would be no need for City Council approval for minor
work. Would have improved technical assistance and it would provide
clarification.
4. The new ordinance would fill in the gaps. It would have a process provided
for removal of Heritage Preservation Site designation; minor work definition
and process added; demolition section added to ensure proper review in cases
involving heritage sites and archaeology would be defined.
Franzen stated staff recommends approval of the code amendments as
recommended by the Heritage Preservation Commission.
Lechelt asked Mr. Gertz if this was a local or national ordinance. Mr. Gertz stated
it was a local ordinance. Lechelt asked if alterations could be made to the interior
of the building. Mr. Gertz stated they do not control the inside of buildings.
Stoltz opened the meeting up for public input. There was no input.
MOTION by Rocheford, seconded by Lee to close the public hearing. Motion
carried 5-0.
MOTION by Rocheford, seconded by Lee, to recommend approval of the
Amendment to the Heritage Preservation Ordinance. Motion carried 5-0.
EDEN PRAIRIE PLANNING COMMISSION MINUTES
January 25, 2010
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VII. PLANNERS' REPORT
Franzen said the next meeting will be February 22na
VIII. MEMBERS' REPORT
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Rocheford, seconded by Martin, to adjourn the meeting. Motion carried
5-0.
There being no further business, the meeting adjourned at 7:35 p.m.