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Planning Commission - 03/25/2019 APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, MARCH 25, 2018 7:00 PM—CITY CENTER Council Chambers 8080 Mitchell Road COMMISSION MEMBERS: John Kirk, Charles Weber, Ann Higgins, Andrew Pieper, Ed Farr, Michael DeSanctis, Christopher Villarreal, Carole Mette CITY STAFF: Julie Klima, City Planner; Matthew Bourne, Parks and Natural Resources Manager; Rod Rue, City Engineer Kristin Harley, Recording Secretary A. CALL THE MEETING TO ORDER Chair Pieper called the meeting to order at 7:00 p.m. B. PLEDGE OF ALLEGIANCE—ROLL CALL Commissioner Higgins was absent. C. APPROVAL OF AGENDA MOTION: Weber moved, seconded by Kirk to approve the agenda. Motion carried 7-0. D. MINUTES MOTION: Farr moved, seconded by Villarreal to approve the minutes of March 11, 2019. Motion carried 7-0. E. PUBLIC HEARINGS A. VARIANCE#2019-01 Location: 15363 Mason's Point Request to: • Permit a retaining wall and land alteration 82 feet from the Ordinary High Water Level from Red Rock Lake. City Code requires a 100-foot setback • Permit land alteration and vegetation alterations within the shore impact zone PLANNING COMMISSION MINUTES March 25, 2019 Page 2 Jake Schneider, of Schneider's Lawn N Landscape, displayed a PowerPoint and explained the application. He introduced Ron Vickery with Vickery Engineering. Schneider displayed photographs of the overgrowth, the staircase, the retaining wall, the distance from it and the deck footings, and showed the project schedule. Phase I would create access to the site,remove trees and overgrowth, install approved vegetation, and create a watering schedule. Phase II would remove the current retaining wall and install the approved retaining wall. He displayed a diagram of the proposed location of the silt fence and bio logs, the plant design for creating a root structure for the hill, and a spreadsheet of the native plants to be installed. Mette asked for an explanation of"bio log." Schneider replied they could be filled with Styrofoam or a mulch product that was staked into the ground to prevent erosion into the lake. DeSanctis noted a small dock on the Google earth image and asked if this project would impact that; Schneider replied it would not impact the dock and it would not in fact be used during this project. DeSanctis asked if there was a 10 foot easement along the shore of Red Rock that was owned by the City. Bourne replied there was a small easement on the eastern half as part of the Red Rock Conservation Area,but other parcels on the lake did own up to the lake shore and allowed docks. Klima presented the staff report. The applicant was seeking two variance requests: the construction of a retaining wall within the setback and to allow alteration of the vegetation within the shore impact zone, which was the first 50 feet of shore. The request was in conformance with the criteria of City code and statute. Conditions of approval included measures to prevent erosion. Staff recommended approval of the project. Pieper asked if the homeowner had stated any concerns with what the City required. Klima replied the homeowner and applicant worked closely with staff and there were no concerns. Mette asked what triggered the variance. Klima replied the variance was required since this construction and land alteration would take place within the shore impact zone, Mette asked if the existing retaining wall was nonconforming, and Klima replied it was in fact nonconforming but was consistent with those on neighboring properties. Villarreal asked if there was a water exemption for the watering schedule newly planted materials. Klima replied there was one. MOTION: Villarreal moved, seconded by Kirk to close the public hearing. Motion carried 7-0. Mette asked if the silt fence was temporary or permanent. Schneider replied the fence was temporary and would remain until the plants established roots, approximately one year. PLANNING COMMISSION MINUTES March 25, 2019 Page 3 DeSanctis noted a copy of the variance was sent to the Department of Natural Resources (DNR) and no comments were received. Klima replied the submission was a routine matter and a tracking mechanism; the DNR very rarely comments, but it wished to be notified. Staff would also notify the DNR of this meeting's outcome. Kirk asked staff to comment on the vegetation plan. Bourne replied this project offered a good variety of native and naturalized plants with deep root systems. Kirk asked if trees of interest or significance would be impacted. Bourne replied staff would work with the homeowner to save beneficial trees. Mette asked if any trees removed would be replaced. Bourne replied a variety of plant material would replace any impacted trees. MOTION: Farr moved, seconded by Kirk to recommend approval of the variance 2019-01 based on the staff report dated March 20, 2019 and plans stamp-dated February 11, 2019. MOTION CARRIED 7-0. F. PLANNERS' REPORT G. MEMBERS' REPORTS H. ADJOURNMENT MOTION: Weber moved, seconded by DeSanctis to adjourn the meeting. Motion carried 7-0. Chair Pieper adjourned the meeting at 7:16 p.m.