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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 Page 4 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.