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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. EDEN PRAIRIE PLANNING COMMISSION MINUTES July 26, 2010 Page 2 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. EDEN PRAIRIE PLANNING COMMISSION MINUTES July 26, 2010 Page 3 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 EDEN PRAIRIE PLANNING COMMISSION MINUTES July 26, 2010 Page 4 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. EDEN PRAIRIE PLANNING COMMISSION MINUTES July 26, 2010 Page 5 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. EDEN PRAIRIE PLANNING COMMISSION MINUTES July 26, 2010 Page 6 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 EDEN PRAIRIE PLANNING COMMISSION MINUTES 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.