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
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April 26, 2010
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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.
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April 26, 2010
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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
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April 26, 2010
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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.