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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.