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Planning Commission - 05/24/2010 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, MAY 24, 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. II. APPROVAL OF AGENDA MOTION by Schultz, seconded by Lechelt, to approve the agenda. Motion carried 7-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON APRIL 26, 2010 MOTION by Kirk, seconded by Wuttke, to approve the minutes. Motion carried 6-0. Lechelt abstained. B. PLANNING COMMISSION MEETING HELD ON MAY 10, 2010 MOTION by Kirk, seconded by Travis, to approve the minutes. Motion carried 3-0. Lechelt, Lee, Pitzrick and Schultz abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS EDEN PRAIRIE PLANNING COMMISSION MINUTES May 24, 2010 Page 2 A. WILLIAM HOAG REZONING AND VARIANCE#2010-03 By William Hoag (CONTINUED FROM THE APRIL 26, 2010 and MAY 10, 2010 MEETING) 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, owner of the property, presented the proposal. He stated he purchased the property five years ago. This past winter the house collapsed under the snow. Now they would like to rebuild it. Stoltz asked Franzen to review the staff report. Franzen stated Staff recommendation is for approval of the revised plan. This revised plan shows the proposed house and garage to be 35 feet from the front property line. A portion of the proposed garage is within the Xcel power line easement. Xcel is still in the process of reviewing the request to locate a garage within the power line easement. If the Commission does approve the variance, Mr. Hoag will provide written approval from Xcel Energy to build in this location. If Xcel denies the request, the owner shall provide a revised plan that conforms to the 35 foot setback before a building permit is issued. Stoltz opened the meeting up for public input. There was no input. Pitzrick asked Franzen if the variance is a 12 foot front yard setback or a 35 foot yard setback. Franzen said the variance in the final order is a 35 foot yard setback. Pitzrick asked Mr. Hoag how it is going with Xcel. Mr. Hoag said it is going very well. He stated if they do not approve the plans he will be flexible relocating them. MOTION by Kirk, seconded by Wuttke, to close the public hearing. Motion carried 7-0. MOTION by Kirk, seconded by Schultz, to recommend approval of the Zoning District Change from Rural to R1-13.5 on 0.55 acres based on plans stamped dated May 6, 2010 and the staff report dated May 21, 2010. Motion carried 7-0. B. VARIANCE#2010-02 by Jesse Van Norden and Jackie Bernard (CONTINUED FROM THE MAY 10, 2010 MEETING) Location 17440 Duck Lake Trail Request to: EDEN PRAIRIE PLANNING COMMISSION MINUTES May 24, 2010 Page 3 • Permit a front yard setback along Duck Lake Trail of 40.95 feet. City Code requires 47.75 feet based on Chapter 11, Section 11.03 Subdivision 3.C. • Permit a front yard setback along 175h Avenue of 27.65 feet. City Code requires 47.75 feet based on Chapter 11, Section 11.03 Subdivision 3.C. and a minimum front yard setback of 30 feet in the R1-22 Zoning District. Bill Warner, representing Baycliff Homes and Jesse Van Norden and Jackie Bernard, presented the proposal. Mr. Warner showed where the property was located utilizing the overhead projector. He showed where the home addition and garage addition would be located. Stoltz asked Franzen to review the staff report. Franzen stated this project meets the three part test for hardship. Staff recommendation is for approval. Stoltz opened the meeting up for public input. There was no input. Lechelt asked if the neighbors were notified and if so, what was the feedback. Jesse Van Norden stated the immediate neighbors were notified and were in favor with the plans. MOTION by Pitzrick, seconded by Schultz, to close the public hearing. Motion carried 7-0. MOTION by Pitzrick, seconded by Kirk, to recommend approval of Final Order 2010-02 Motion carried 7-0. C. VARIANCE#2010-04 by Superior Outdoor Service Location: 6425 Beach Road Request to: • To Permit: Five (5) enclosed garage stalls in the R1-22 Zoning District. Three (3) existing attached garage stalls and two (2) detached garage stalls. City Code permits a total of(4) enclosed garage stalls per residential site. Steve King, of Superior Outdoor Services and representing Brandon and Stacy Sawalich, stated it is a standard garage that is currently on the site and they would like to expand it due to storage needs. The owner has a collector car he would like to store as well as other items, such as lawn equipment and toys. The garage will look exactly like the existing one. He added that he did not speak to any of the neighbors since the closest home was one quarter of a mile away. Stoltz asked Franzen to review the staff report. Franzen stated this project meets the three part test for hardship. Stoltz opened the meeting up for public input. There was no input. EDEN PRAIRIE PLANNING COMMISSION MINUTES May 24, 2010 Page 4 There was no Commission input. MOTION by Schultz, seconded by Wuttke, to close the public hearing. Motion carried 7-0. MOTION by Schultz, seconded by Wuttke, to recommend approval of Final Order 2010-04. Motion carried 7-0. D. 78" STREET MARKET (2010-03) by Oppidan Location: 8045 Flying Cloud Drive Request for: • Planned Unit Development Concept Review on 1.22 acres. • Planned Unit Development Districts Review on 1.22 acres. • Zoning District Amendment in the C-Hwy Zoning District on 1.22 acres. • Site Plan Review on 1.22 acres. Pat Barrett, of 5125 County Road 101, Minnetonka,presented the proposal on behalf of Oppidan, Inc. Mr. Barrett displayed plans of the project utilizing the overhead projector. The existing gas station will be replaced by a retail center. Mr. Barrett stated they will work with Staff on screening for the project. Stoltz asked Franzen to review the staff report. Franzen stated Staff recommends approval based on pages 3 and 4 of the staff report. Pitzrick asked if at one time there was talk of relocating W. 78th Street, and if so, has it gone away. Rue said it has been delayed but would have no impact on this project. Lechelt asked if there will be an increase in traffic in the area. Franzen said the project generates less traffic than the previous use. Stoltz opened the meeting up for public input. Sam Hakta, of 6630 Oakdale Drive,represents the hotel behind the project. Mr. Hakta said he would like to see the site plan. He showed where the hotel and entrance would be located. He asked how high the building would be. Mr. Barrett said the height of the front of the building is 20 feet and the rear is 17 feet. Mr. Hakta asked about the length and depth of the building. Mr. Barrett said the length is 118 feet and the depth is 66 feet. Mr. Hakta asked if there would be underground storage tanks. Mr. Barrett said they would be removed. Mr. Hakta also asked about the monitoring wells. Mr. Barrett said the existing monitoring wells are awaiting closure. Mr. Hakta asked about the vibrations and dust from the construction. Mr. Barrett said they would follow City working hours and dust control. Franzen stated the hours are 7 am to 7 pm, Monday through Saturday. EDEN PRAIRIE PLANNING COMMISSION MINUTES May 24, 2010 Page 5 MOTION by Wuttke, seconded by Lechelt, to close the public hearing. Motion carried 7-0. MOTION by Wuttke, seconded by Schultz, to recommend approval of the Planned Unit Development Concept Review on 1.22 acres, Planned Unit Development Districts Review on 1.22 acres, and Zoning District Amendment in the C-Hwy Zoning District on 1.22 acres. Site Plan Review on 1.22 acres, based on plans stamped dated May 20, 2010, and the staff report dated May 21, 2010. Motion carried 7-0. VII. PLANNERS' REPORT A. Joint Meeting with Conservation Commission on June 28, 2010 at 6:00 PM Franzen stated the topic of this meeting will be pavers and rainwater gardens. The regular meeting will follow. B. Summer Vacation Schedule Franzen asked the Commission Members to submit their vacation schedules. VIII. MEMBERS' REPORT IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT MOTION by Schultz, seconded by Wuttke, to adjourn the meeting. Motion carried 7-0. There being no further business, the meeting was adjourned at 7:32 p.m.