Planning Commission - 06/10/2013 APPROVED MINUTES
EDEN PRAIRIE PLANNING COMMISSION
MONDAY,JUNE 10, 2013 7:00 P.M., CITY CENTER
Council Chambers
8080 Mitchell Road
COMMISSION MEMBERS: John Kirk, Jon Stoltz, Katie Lechelt, Jacob Lee,
Travis Wuttke, Steven Frank, Ann Higgins, Mary
Egan
STAFF MEMBERS: Mike Franzen, City Planner; Stu Fox, Manager of
Parks and Natural Resources; 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 Kirk, seconded by Lee, to approve the agenda. Motion carried 8-0.
III. MINUTES
A. PLANNING COMMISSION MEETING HELD ON MAY 13, 2013
MOTION by Lechelt, seconded by Frank, to approve the minutes. Motion
carried 7-0. Wuttke abstained.
IV. INFORMATIONAL MEETINGS
V. PUBLIC MEETINGS
VI. PUBLIC HEARINGS
A. VARIANCE#2013-05 by Sean & Diana Casey
Location: 6292 Chasewood Drive
Request:
• To permit an accessory structure (gazebo) with a side yard setback of 1 foot.
City code requires a 10 foot minimum side yard setback in the R1-13.5
Zoning District.
PLANNING COMMISSION MINUTES
June 10, 2013
Page 2
Diana Casey, homeowner of 6292 Chasewood Drive, presented this proposal.
She said she and her husband started this project in 2000. They started with the
waterfall but when they got to the gazebo,realized it would go into the
easements. She stated in 2000 they applied for a variance request. The
neighbors came to the meeting and were not in opposition. The variance was
approved for 5 years,but it has lapsed. She stated they are selling the house and
want to keep the gazebo and feels it would go good with the landscape.
Chair Stoltz asked Franzen to review the staff report. Franzen said the Staff
looked at this variance request and it meets the three part practical difficulties
test and are okay with the variance as proposed.
Chair Stoltz opened the meeting up for public input. There was no input.
Kirk asked why the variance was only granted for 5 years and not a permanent
variance. Franzen said in looking at the minutes, some members were for
approval and some were not. The compromise was 5 year limitation. Franzen
added that variances run with the land and there should be no time limitation.
Staff looked at this request with the 3 part test and not based on what or why the
variance was approved previously.
Chair Stoltz commented that this was something that was granted for 5 years
and it lapsed and since it has been 8 years. Given that,he asked the project
proponent why do they want to add the gazebo now? Ms. Casey said they are
selling the house and her husband wanted the gazebo stay. Stoltz said he felt
the time lapsed and nothing was done so why not sell it as is and have the new
owner come forward with the request to build the gazebo.
Kirk said when he read the proposal, he initially did not like the idea that the
request had lapsed. But pointing out,just looking at it now,he would approve
it.
Frank said the point that needs to be raised is that at the time it was probably not
appropriate to put a time limit on this.
Lee said he understands what Stoltz is saying and it sounds a little punitive. He
said,based on the three part variance test,he would approve this request. Stoltz
said this is a little different because most requests are because the homeowner is
going to stay there and not that they would be selling the residence.
Frank asked if building the gazebo would raise the value of the house. Franzen
said the value is on the house.
MOTION by Kirk, seconded by Lechelt, to close the public hearing. Motion
carried 8-0.
PLANNING COMMISSION MINUTES
June 10, 2013
Page 3
MOTION by Kirk, seconded by Frank, to adopt Final Order 2013-05.
Motion carried 7-1. Stoltz opposed.
B. VARIANCE#2013-06 by Shea Design
Location: 16396 Wagner Way
Request:
• To permit a variance from 210 required parking spaces to 191 parking
spaces.
Charles Nolan,project architect at Shea,presented the proposal. He said they
would like to expand the lower portion of the restaurant into and banquet room
and also have outdoor dining. He pointed out they are required to have 35
additional parking spots and cannot meet this code. He said right now they do
not have an issue with parking because most of the shops in the area close at
5:00 p.m.
Patrick Wooding, associate of Charles Nolan, residing at 17848 Bearpath Trail,
stated they initially thought there would be parking problems so they have been
very proactive. On Thursday, Friday and Saturday evenings they offer valet
parking. He said they were given permission from Emmanuel Luther Church
and Walgreens to use their lot for valet. Mr. Wooding also pointed out they
have had many requests for lower level seating from civic and youth
organizations for private parties.
Chair Stoltz asked Franzen to review the staff report. Franzen stated this
request meets the three part test and staff recommends approval.
Chair Stoltz opened the meeting up for public input. There was no input.
Kirk said he tried to go to this restaurant a week ago on a Friday night and there
was a 45 minute wait, and they had no problem with parking.
Lechelt thanked the project proponents for being proactive and working with the
other businesses and the church to utilize valet parking.
Wuttke asked Franzen if they need to amend the final order because it appeared
that the request was backwards. Franzen stated the variance is from 226
required spaces to 191.
MOTION by Wuttke, seconded by Lechelt, to close the public hearing.
Motion carried 8-0.
MOTION by Wuttke, seconded by Frank, to adopt Final Order 2013-06.
Motion carried 8-0.
PLANNING COMMISSION MINUTES
June 10, 2013
Page 4
VII. PLANNERS' REPORT
Franzen said the next Planning Commission meeting will be June 24 and there will
be three items on the agenda.
VIII. MEMBERS' REPORT
A. CITIZEN ADVISORY COMMITTEE—LIGHT RAIL
Lechelt stated at the last meeting they discussed technical issues of the light rail
for each city it would affect. For Eden Prairie, they specifically looked at Nine
Mile Creek in the Golden Triangle area. They were looking at bridge options
and also how much parking space would be needed for the park and ride. They
also talked about the Shady Oak area and discussed the options of a bridge
going over it versus a tunnel, as there are a lot of long term maintenance issues
going on with tunnels. Lechelt stated there will be another open house on
Wednesday, June 26.
Frank said there are visual impacts with a tunnel. Chair Stoltz asked who had
the final say over the light rail project. Franzen said the Metropolitan Council.
Frank asked if a lot of this project was funded by the federal government.
Franzen said yes. Frank asked if the funding could cease for this project.
Franzen said no, as long as the project is moving forward and meets federal
requirements.
Chair Stoltz asked Lechelt where her preferred location would be for a station.
Lechelt said it would be the Singletree Lane area and commented they would
need to work with the business owners in the area to promote this.
IX. CONTINUING BUSINESS
X. NEW BUSINESS
XI. ADJOURNMENT
MOTION by Lee, seconded by Frank, to adjourn the meeting. Motion carried
8-0.
There being no further business, the meeting was adjourned at 7:48 p.m.