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Planning Commission - 04/26/2010 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,APRIL 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 Chair Stoltz called the meeting to order at 7:00 p.m. Absent: Lechelt. II. APPROVAL OF AGENDA Franzen said there should be one amendment to the agenda. There will be the swearing in of Planning Commission Member Kevin Schultz. MOTION by Kirk, seconded by Pitzrick, to approve the agenda as amended. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON MARCH 22, 2010 MOTION by Schultz, seconded by Pitzrick, to approve the minutes. Motion carried 6-0. IV. SWEARING IN OF KEVIN SCHULTZ Franzen performed the swearing in of Planning Commission Member Kevin Schultz for a three year term. V. INFORMATIONAL MEETINGS VI. PUBLIC MEETINGS EDEN PRAIRIE PLANNING COMMISSION MINUTES April 26, 2010 Page 2 VII. PUBLIC HEARINGS A. William Hoag Rezoning and Variance by William Hoag Location: 12005 Sunnybrook Road Request: • Zoning District Change from Rural to R1-13.5 on 0.55 acres • To permit a 12 foot front yard setback for the proposed attached garage. City Code requires a front yard setback equal to or greater than the average of the principle structures on either side or 134'. William Hoag presented this variance request. He is the owner of the property but does not reside at this location. He and his wife initially purchased the home with the intent to sell it to his niece,but that scenario did not work out. Now they would like to remodel the house to either rent it or sell it. Mr. Hoag stated in order to do this they need to rezone the property. By doing this it would open up different options to the property. Mr. Hoag also pointed out this winter the snow collapsed the house on the property so their intent now is to better the property. Stoltz asked Franzen to review the staff report. Franzen stated there are two actions to be discussed tonight. The rezoning of the property; which he felt was consistent with the guide plan and surrounding area and the variance request, met the three part test for hardship. There are three options listed in the staff report for building location and staff is comfortable with any choice. Stoltz opened the meeting up for public input. There was no input. Pitzrick asked Mr. Hoag, based on the garage being positioned on the northeast side, did they consider moving it and the driveway to the southwest corner, due to the power line in the area. Mr. Hoag stated because of the grade, it would be a lot of work to build the driveway up. He would prefer to have it in the front of the house and put a garden in the back of the house. Mr. Hoag showed a diagram of the house and power line easement and showed the garage only sticking out 10 feet from the house. Mr. Hoag pointed out this was different from the drawings that were supplied to the Commission Members. Pitzrick asked if it would be a two car garage. Mr. Hoag stated it would be a two car garage with the dimensions being 24' by 24'. Stoltz asked that if the drawing was inaccurate, would the numbers also be inaccurate, and if so, the Commission should hold off on this request until they receive the correct numbers. Mr. Hoag said he was not originally applying for a variance but rather rezoning to start the process, otherwise he would have been more accurate. EDEN PRAIRIE PLANNING COMMISSION MINUTES April 26, 2010 Page 3 Stoltz asked how tight the project proponent's time line would be. Mr. Hoag said the property is unsightly right now and he would like to move on it as soon as possible,but it would be at least 60 days out for the building permit. He stated he would rather have rezoning decided on tonight and table the variance. Schultz said he is fine with voting on the rezoning and having the project proponent come back for the variance. Stoltz asked Franzen if he would suggest a continuance. Franzen approval of the rezoning alone would not allow the city to issue a permit since the proposed garage did not conform to the average setback. What could be done is schedule the rezoning for the City Council on May 18th, and continue the discussion on the rezoning and variance until May loth Mr. Hoag asked Schultz to explain what a continuance would mean. Schultz stated with this continuance, Mr. Hoag would be able to talk to Xcel about putting a garage in the power line easement and for you to tell the surveyor exactly where you want to place the home and garage on the survey. Mr. Hoag said he would be alright with the continuance. MOTION by Kirk, seconded by Schultz, to recommend a continuance to the May 10, 2010 meeting. Motion carried 6-0. B. Recyclins! Ordinance Franzen stated on March 9, 2010 Staff presented the draft ordinance to the Conservation Commission. They voted 5-0 and recommended to move the proposed code amendment to the Planning Commission. The Recycling Ordinance is in its final form for action tonight and then it will go to the City Council for approval. Staff recommends approval of the code amendments. Stoltz opened the meeting up for public input. There was no input. MOTION by Schultz, seconded by Wuttke, to close the public hearing. Motion carried 6-0. MOTION by Schultz, seconded by Kirk, to recommend approval of the code amendment for recycling. Motion carried 6-0. VIII. PLANNERS' REPORT IX. MEMBERS' REPORT Wuttke asked Franzen, in regards to the Hoag application tonight, when averaging the two properties on either side and the one to the west, would it be more advantageous to EDEN PRAIRIE PLANNING COMMISSION MINUTES April 26, 2010 Page 4 use the two properties on the east side for averaging the set back area due to the atypical shape of the property. Franzen said in regards to this request, they went by the code exactly as it was written and for the next meeting staff would identify the setbacks to other houses in the area. X. CONTINUING BUSINESS XI. NEW BUSINESS XII. ADJOURNMENT MOTION by Schultz, seconded by Lee, to adjourn the meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 7:25 p.m.