Planning Commission - 07/26/2010 APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,JULY 26, 2010 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Katie Lechelt, Jacob Lee, Jerry Pitzrick,
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 Schultz called the meeting to order at 7:00 p.m. Kirk and Stoltz were absent.
Wuttke arrived during the City Attorney's presentation.
II. APPROVAL OF AGENDA
Lechelt stated the date of the agenda should be July 26, 2010.
MOTION by Lee, seconded by Lechelt, to approve the amended agenda. Motion
carried 4-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON JUNE 28, 2010
MOTION by Pitzrick, seconded by Lee, to approve the minutes. Motion
carried 2-0. Lechelt and Schultz abstained.
B. WORKSHOP BETWEEN THE CONSERVATION COMMISSION AND
PLANNING COMMISSION MEETING HELD ON JUNE 28, 2010
MOTION by Pitzrick, seconded by Lee, to approve the minutes. Motion carried
2-0. Lechelt and Schultz abstained.
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IV. PRESENTATION BY CITY ATTORNEY
A. Recent Supreme Court decision effecting how cities view variance requests.
Ric Rosow, City Attorney, made the presentation about a recent Supreme Court
ruling. The ruling means that to obtain a municipal variance, an applicant must
establish that the property in question cannot be put to a reasonable use if used
under conditions allowed by the official controls. The burden will be on the
property owner to present this; there must be findings as to why this cannot be put
to reasonable use.
Schultz asked Rosow if he was aware of the three part undue hardship test the
Commission has already been using. Rosow said the Commission has been
following this correctly.
Pitzrick asked if this ruling could be applied in a retroactive fashion. Rosow said
no, not in most instances, unless it was passed very recently, then there might be a
chance it could be challenged.
V. INFORMATIONAL MEETINGS
VI. PUBLIC MEETINGS
VII. PUBLIC HEARINGS
A. VARIANCE#2010-05 by Randy's Bobby & Steve's Auto World
Location: 8100 Flying Cloud Drive
Request:
• Variance Request#1 — To permit a dynamic display area of 34.5 square
feet for proposed Sign#1 V6. City Code permits 35% of 80 square feet or
28 square feet.
• Variance Request#2—To permit a dynamic display area of 15.6 square
feet for proposed Sign#2 V2. City Code permits 35% of 36 square feet or
12.6 square feet.
• Variance Request#3— To permit the distance between two free-standing
signs (proposed Sign#1 V6 and proposed Sign#2 V2) at 245 feet. City
Code requires 300 feet.
• Variance Request#4— To permit proposed Pylon Sign#1 V6 with a
setback of 10 feet' from the property line. City Code requires 20 feet.
• Variance Request#5— To permit proposed Pylon Sign#2 V2 with a
setback of 2 feet from the property line. City Code requires 15 feet when
parking occurs within the required front yard setback.
• Variance Request#6— To permit proposed Pylon Sign#2 V2 at 80 square
feet with dynamic display of 34.5 square feet and sign setback of 2 feet.
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City Code permits the second free-standing sign at 36 square feet, a
dynamic display area of 12.6 square feet and a sign setback requirement of
15 feet.
Hoeft sign submitted a letter requesting a continuance on this variance request.
MOTION by Pitzrick, seconded by Lee, to recommend a continuance to the
August 23, 2010 meeting. Motion carried 4-0.
B. VARIANCE#2010-06 by Bahman Razmpour
Location: Eden View Estates, Lot 1, Corner of Dell and Turnbull Road
Request:
• To permit a porch 6 feet from the front yard lot line of Dell Road. City
Code requires 50 feet in the Rural Zoning District.
• To permit a house 21 feet from the front yard lot line of Dell Road. City
Code requires 50 feet in the Rural Zoning District.
• To permit a garage 35.3 feet from the front yard lot line of Turnbull Road.
City Code requires 50 feet in the Rural Zoning District.
• To permit a main structure height of 52 feet. City Code requires 40 feet
from the lowest grade point to the midpoint of the corresponding roof.
Bahman Razmpour, owner of the property, along with Jennifer Books, architect
for the project,presented the proposal. Ms. Books started out by stating she
wanted to strike the first request. In regards to the second request she said they
are only asking for 6 feet on Dell Road. In regards to the third request, they want
to change it from 35.3 feet to 34 feet. And on the final request, Ms. Books stated
they are in compliance with the 40 feet on three of the sides, so it would just be
the fourth side, which is 52 feet. Ms. Books presented the changes. She stated
the site constraints are a problem for this project. They went through a series of
studies for the project in regards to the site. She pointed out there is a 30 foot
drop in elevation from Turnbull Road to the back of the home. She stated the
further the house is moved back the higher the retaining wall would have to be.
When they started to plan this project they decided to work with the site, despite
the slope. The walls have to go down so far and that is the reason for the extra
level. Ms. Books pointed out the homeowner is trying to utilize all the space
possible. She stated in order to meet code on the east side they would have to
construct a retraining wall that is 22 1/2 feet high and 125 feet long. Ms. Books
said the property owner wants to have all of the bedrooms upstairs and because of
this and the drop in elevation to the project they have to build an extra lower
level. She also stated they are planning to take the porch out. They will also be
using the east wall as the retaining wall. In regards to the garage, it is positioned
the way it is and would mimic the other neighbors' garages. Ms. Books pointed
out in sliding the house back 15 feet, the garage would be placed back even
further than the other neighbors and the further back it goes, the more of a slope
there would be. Ms. Books listed the development agreement on page 2 of the
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staff report. In regards to this, she stated they could slide the house over 6 feet to
the east and would be in compliance on the west side. She said if they did that,
they would be adding a storage area in its place. In summary, three sides of the
home are in compliance. They want to avoid an addition to the retaining wall and
they would be also be removing the front porch.
Mr. Razmpour commented that entrance to the home is on Turnbull Road and the
setback should be okay.
Schultz asked Franzen to review the staff report. Franzen stated in 2000 to 2006,
the City approved subdivisions along Turnbull Road with waivers for lot size and
setback in exchange for dedicated 60% of the property to the City to preserve the
river bluff. Page three of the staff report lists the setbacks and home sizes for lots
in the neighborhood. He added that the staff reports has alternatives that would
bring the property into conformance with the development agreement setbacks
and City code setbacks so that no variances would be needed.
Schultz opened the meeting up for public input.
Schultz read a letter that was submitted by Mr. Sodeberg,resident of 9997 Dell
Road. The letter was dated July 25, 2010 and Mr. Sodeberg said he supports the
variance requests.
Todd and Linda Johnson, of 10020 Dell Road and property located to the west of
project proponent, commented on the variance request. Mr. Johnson said he met
with the applicant this past weekend. In regards to the Dell Road approved
setback of 27 feet,he feels it is needed in order to accommodate future
reconstruction of Dell Road. Linda Johnson said her concern is the same. When
they built on the property in 2001-2002, they had to comply with code. She said
if the project proponent's variances are granted the future paved trail would then
be placed to the north of the property and they would ultimately lose a driveway;
that is why she is opposed to the property.
Jeff McCall, of 3920 Hillcrest Way in Deep Haven, owns the lot to the east of the
project. The only thing he wanted to reiterate in regards to the rural 50 foot
setback is that they had given 50 percent of the land back to the City. In regards
to future plans on Dell Road,he is not sure what those are going to be but pointed
out in regards to these lots, they are very difficult to build on.
Schultz asked Staff to clarify on Dell Road if it is going to be reconstructed. Rod
Rue, City Engineer, said it is a gravel road that needs improvements for safety
and drainage. The city has been looking at several options but no decision has
been as to what option is the best and most cost effective design. Franzen added
that as part of the approved plan 30 -50 feet of right of way and 20 foot easement
was dedicated to the City to accommodate future Dell Road construction.
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Wuttke asked, in regards to retaining walls, what class of factors were used in
coming up with 27 feet. Franzen setback was the design presented by the
developers to accommodate the size of house on the approved plans. Wuttke
asked, in regards to grading, what is the impact with moving the building to the
east. Franzen said it result in a retaining wall and potentially impact the property
to the east..
Pitzrick asked Franzen if the grading setback of 20 feet was on their property.
Franzen concurred it was. Pitzrick said they need to maintain as much space on
Dell Road as they can. He also said he has some concern with the expansion of
Dell Road.
Lechelt asked if the request was for more back deck space and garage space. Ms.
Books said that was correct,plus a variance for the east side of the property.
Schultz said the Johnson's have concerns and the project proponent has issues,
but the overall picture is the future of the area. The redevelopment of this area
can affect community. He would like to see the project proponent work more with
the City. Mr. Razmpour asked what part he should work with the City on.
Schultz asked Franzen to review the three items listed in the staff report. Franzen
stated it would be to move the house 15 feet to the south to meet the 50 foot
setback from Turnbull Road. This would also allow the house to conform to the
development agreement setback of a 27 foot setback from Dell Road. Reduce the
size or change the shape of the front porch to meet the 27 foot setback from Dell
Road. And lastly, eliminate the subbasement storage area. Franzen stated the
most critical of setbacks would be the Dell Road setback. The setback on
Turnbull Road is not that far out of character with the neighborhood.
Schultz said the main concern then is the 27 foot setback on Dell Road and asked
the other Commission Members their thoughts on this. Lee said he is opposed to
the variance request. Lechelt asked when the waivers on the other garages in the
area were granted. Franzen said the waivers were previously negotiated. Lechelt
said she is not in favor of the variance request. Schultz said he would like to see
the project proponent work closer with the City and as of now he is not in favor of
the variance request. Wuttke said his primary concern is Dell Road and he would
like to see the project proponent work on the side yard setback. He is not
concerned about the height,just the side yard setback and would like to see this
request continued. Pitzrick said he would be in favor of a continuance for all of
the setback requirements. He is comfortable with the height of the variance.
Schultz asked Mr. Razmpour what he would like to do in regards to his variance
request. Mr. Razmpour said he would like it continued.
MOTION by Wuttke, seconded by Pitzrick, to recommend a continuance to the
August 23, 2010 meeting. Motion carried 5-0.
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C. VARIANCE#2010-07 by Minnesota Viking Football, LLC
Location: 9520 Viking Drive
Request:
• To permit the existing Vikings Training Center located on Lot 1, Block 1
CNR Golden Strip East with a front yard setback of 29 feet. City Code
requires 50 feet.
• To permit a loading dock to the Vikings Training Center located on Lot 1,
Block 1 CNR Golden Strip East with a front yard setback of 11 feet. City
Code requires 50 feet.
• To permit the existing parking stalls located on Lot 1 and Lot 2, Block 1
CNR Golden Strip East with a front yard setback of 9 feet and according
to plans dated 06-25-10. City Code requires 25 feet.
• To permit a loading dock facility with the required front yard setback on
Lot 1, Block 1 CNR Golden Strip East. City Code does not permit loading
facilities within the required front yard setback.
Tom Cesarz, representing the Minnesota Vikings, presented the proposal. Mr.
Cesarz utilized the overhead projector to show where the loading dock and
existing right of way are currently located. He stated MnDOT is taking away
their setbacks, making them non-conforming. They will not be able to use the
existing drive way or loading dock. Mr. Cesarz showed all the alternatives for
placement of the loading dock and said the best spot would be on the east side of
the building. He pointed out there are only 4 to 8 deliveries made off season and
around 10 during the season.
Schultz asked Franzen to review the staff report. Franzen said currently they have
a conforming building. When MnDOT comes in and they do their improvements
to Washington Avenue and Viking Drive, they will make the building
nonconforming. The project proponent is entitled to a loading dock and unless
the City grants this variance they will not be able to use the property.
Schultz opened the meeting up for public input. There was no input.
No Commission input.
MOTION by Wuttke, seconded by Lee, to close the public hearing. Motion
carried 5-0.
MOTION by Wuttke, seconded by Lee, to recommend approval of Final Order
2010-07. Motion carried 5-0.
VII. PLANNERS' REPORT
Franzen said at the August 23, 2010 Planning Commission meeting, Randy's Bobby and
Steve's Auto World are scheduled,but they could possibly withdraw prior to then. Also
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July 26, 2010
Page 7
scheduled at that meeting is the variance request continued from tonight. There will
also be a public hearing on the 9 Mile Creek Watershed District.
Lechelt asked if the telecommunication projects are asking for variance requests.
Franzen said they are not.
Lee asked how the City will handle future applications. Franzen said they are going to
revise the application and will also have copies of the Supreme Court ruling and go over
that with the applicant.
Wuttke asked if Randy's Bobby and Steve's presentation would show the placement of
the City sign. Franzen said if would, if they do come back. He said he will keep the
Commission updated.
Pitzrick asked about the status of the code amendment for permeable pavers and said he
would like to see this item on an upcoming agenda.
VIII. MEMBERS' REPORT
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Lee, seconded by Pitzrick, to adjourn the meeting. Motion carried
5-0.
There being no further business, the meeting was adjourned at 8:41 p.m.