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HomeMy WebLinkAbout1976 06-02 Planning Commission Meeting Minutes RegularMINUTES OF THE REGULAR MEETING OF THE EDINA PLANNING COMMISSION HELD WEDNESDAY, JUNE 2, 1976 EDINA CITY HALL Members Present: W. W. Lewis, Chairman, Helen McClelland, Mary McDonald, R. E. Kremer, S. P. Hughes, C. E. Johnson, G. V. Johnson, and D. T. Runyan. Staff Present: Greg Luce, City Planner, and Lynnae Nye, Secretary. I. Approval of the April 28, 1976, Planning Commission Minutes. Mr. G. Johnson asked that the minutes be amended to reflect that he abstained from the discussion and vote concerning the Pearson and Helle lot division and ' rezoning requests (LD -76-2, LD -76-3, Z-76-3, and Z-76-4). Mr. C. Johnson moved that the April 28, 1976, Planning Commission: minutes be approved with that amendment. Mr. Hughes seconded the motion. All voted aye. Motion carried. II. SUBDIVISIONS: S-76-6 Gordon Schuster Registered Land Survey. Generally located south of Dewey Hill Road, east of Hyde Park, and west of Cahill Road. Mr. Luce recalled that when the Gordon Schuster property was rezoned to PRD -3 in 1973, land was dedicated to the city for storm sewer purposes. Because Mr. Schuster's property is registered land, the City cannot file its deeds until a registered land survey has been completed. Mr. Luce noted the requested registered land survey is not being proposed in lieu of the "Indian Meadows" subdivision, thus its approval will not allow development of the property. He recommended approval of the proposed registered land survey because buildable lots will not be created, it will result in a benefit to the city for storm sewer purposes, and it is in accord with future development plans for this property. Mr. Luce clarified the "Indian Meadows" subdivision was approved by the Planning Commission and was given preliminary approval by the City Council. After brief discussion, Mr. Kremer moved the proposed registered land survey be approved as recommended. Mr. Runyan seconded the motion. All voted aye. Motion carried. S-76-7 Dreis Addition. Generally located at the southwest corner of View Lane and Vernon Avenue. Mr. Luce noted the property in question is zoned R-2, and a double bungalow is under construction on the lot. The proponent is requesting to divide the property down the common building wall to create two separate taxable parcels so both units may be owned and homesteaded. Although this request is usually accomplished via the simple lot division process, the proponent wishes to plat instead. Noting that several other double bungalows along Vernon Avenue have been divided in a similar manner, Mr. Luce recommended approval of the request contingent on the payment of an additional sewer and water connection charge. In reply to Mr. Hughes, Mr. Luce clarified that no parkland dedication would be required because a parkland donation was made when the original subdivision (Killarney Shores) was approved. Mr. G. Johnson moved the preliminary plat of "Dreis Addition" be approved, con- tingent on the payment of an additional sewer and water connection charge. Mr. C. Johnson seconded the motion. All voted aye. Motion carried. 6-2-76 Planning Commission Minutes, page 2 5-76-8 Dalsin lst Addition. Generally located at the northeast corner of Laguna Drive and West Shore Drive. Mr. Luce recalled the property in question was originally platted with two lots fronting on West Shore Drive and one lot fronting on Laguna Drive. The proponent's home is located on the northerly lot which faces West Shore Drive; the other two lots are divided in an east/west direction and are vacant. The proposed plat would essentially redivide the vacant lots in a north/south direction; the corner lot would be oriented toward West Shore Drive, and the other lot would front on Laguna. The resulting lots, ranging in size from 18,900 square feet to 37,500 square feet, would be larger than the average lot sizes in the neighborhood (about 16,000 square feet). Mr. Luce recommended the proposed plat be approved, as no significant change would be made in the area and no new building lots would be created. Approval should, however, be contingent on the dedication of a utility easement and the installation of a utility connection fox :the southeast lot. Mr. Bernard Dalsin, the owner, 6629 West Shore Drive, stated the vacant lots as they are now platted are impossible to sell because of a Woodhill Addition deed restriction in affect until December 31, 1980. That restriction requires that any houses built on the property must be constructed behind a certain line to preserve the view of Lake Cornelia from the south side of Laguna Drive. Mr. Luce informed the Planning Commission that deed restrictions are protective covenants which are placed on a property by a developer to protect the residents of a particular subdivision or regulate a certain design trait. The City Attorney has opined, however, that since the City cannot control protective covenants, it should not, in making any decision or taking any action, participate in the enforcement of those covenants. Mr. Roy Utne, 4529 Laguna Drive, indicated he would not object to the proposed replat if the house to be built facing Laguna Drive is built as far to the east as possible in order to preserve his view of the lake. Mr. Kenneth Person, 4520 Laguna Drive, indicated his objection unless the house to be built facing Laguna is built as far to the west as possible. After considerable discussion the Planning Commission generally agreed they could approve the replat since house locations and deed restrictions are not enforced by the City beyond the standard setback and other ordinance requirements. Mr. G. Johnson moved that "Dalsin 1st Addition" be approved subject to the provision of a utility easement and an additional utility connection for the southeast lot. Mr. C. Johnson seconded the motion. All voted aye. Motion carried. Mr. Dalsin stated that "provided the deed restrictions are legal, I will not build on the corner lot until they expire." S-76-9 Deckas Addition. Generally located at the southwest corner of Vernon Avenue and Olinger Road. AND (REZONING) Z-76-7 Peter C. Deckas. Generally located at the southwest corner of Vernon Avenue and Olinger Road. R-1 Single Family Residence District to R-2 Multiple Residence District. Mr. Luce explained the property in question is presently platted into five lots (lots 1-5, McGary Addition) and is zoned R-1 single family residential district. The 6-2-76 Planning Commission Minutes, page 3 Western Edina Plan indicates that lots along Vernon Avenue could potentially be used for low density attached residential development. Mr. Luce recalled the developer was informed during several discussions that the staff would recommend against any R-2 zoning on Olinger Road, that no egress onto Olinger Road would be allowed, and that any R -2's should egress onto Vernon Avenue. As a result, the developer is proposing to replat the property into eight lots with access to Vernon Avenue via a short cul-de-saced road. Three lots from 15,380 square feet to 16,875 square feet would be platted on the west side of the road and are proposed to be rezoned to R-2 for double bungalows; the minimum lot size for an R-2 lot is 15,000 square feet. Five single family lots would be located along the east side of the road between that road and Olinger; four lots would be 9,360 square feet and the fifth lot would be 11,100 square feet. The minimum size for a single family lot is 9,000 square feet, and the lot sizes in this neighborhood are about 12,000 to 13,000 square feet. Mr._ Luce presented a sketch prepared by the planning department staff illustrating another amnner,)in which the property could be divided into eight lots. He clarified the sketch was presented only to indicate that there are other platting alternatives available which would decrease the amount of road right-of-way, thereby increasing the lot sizes, and which would be equally or more advantageous. Mrs. McClelland felt access on Olinger Road would be more desirable than access on Vernon because of the considerable amount of traffic and great number of driveway entrances and exits on Vernon in the two -block area between Olinger and Blake Road. Mr. G. Johnson agreed. Mr. Hughes suggested the number of lots be reduced in order to increase the minimal lot sizes proposed. Mr. Deckas, the proponent, indicated access to Olinger Road would be more difficult than access to Vernon Avenue because of the topography, which slopes sharply down from Olinger to the west. Mrs. P. L. Dudek, 6021 Vernon Avenue, stated that traffic on Vernon in that area is steadily increasing and more curb cuts would only aggravate the problem. After lengthy discussion the Planning Commission generally agreed the project should be redesigned with access to Olinger Road. Mr. Runyan suggested the R-2 zoning would be more appropriate along Vernon Avenue, and Mr. Hughes suggested the number of lots be reduced. Mr. Thomas Wagner, 6056 Olinger, objected to the development as presented by Mr. Deckas because his front yard would face the rear yards of the single family lots. He added he would also object to an access on Olinger, as suggested by the Planning Commission, because he "would not want the traffic from two double bungalows and six houses exiting onto Olinger across from my driveway". After additional discussion, Mr. Hughes moved the requested subdivision and rezoning be continued to the next meeting (July 7th) to give the developer an opportunity to meet with the staff and to redesign the project, based on the suggestions made by the Planning Commission, with the road access onto Olinger instead of Vernon. Mr. G. Johnson seconded the motion. All voted aye. Motion carried. 6-2-76 Planning Commission Minutes, page 4 S-76-10 Shadow Hill. (Robert E. Hanson). Generally located at the north- east corner of the Crosstown Highway and County Road 18, adjacent to Lincoln Drive and Vernon Avenue. AND (REZONING) Z-76-8 Robert E. Hanson (Shadow Hill). Generally located at the northeast corner of the Crosstown Highway and County Road 18, adjacent to Lincoln Drive and Vernon Avenue. R-1 Single Family Residence District to PRD -3 Planned Residential District. Mr. Luce clarified there are two properties in question; the east property is located between the Crosstown Highway and Vernon Avenue, and the west property is located north of Vernon Avenue along Lincoln Drive. Under the density adjustments schedule recently adopted by the City Council, the east parcel would be allowed 8.55 units per acre (84 units) and the west parcel would be allowed 6.6 units per acre (40 units), for a total of 124 units. The proponent, however,.is requesting to sub- divide and rezone the property for 100 townhouse type units (6.2 units per acre), which will be sold as condominiums (perma-lease) and will be one story in height. They will be 1200 to 1600 square feet, plus a two -car garage. Mr. Luce stated that while there are many advantages to one-story structures, hard surface areas must occupy a significant percentage of a site in order to obtain the desired density. Lot coverage must be increased and the green areas must be minimized, causing a congested appearance. In addition, this particular proposal disregards the site's natural amenities, such as the ponding area on the west site and the oak trees on the north central portion of the west site and the north point of the east site. Mr. Luce felt the distance between the two curb cuts onto Vernon Avenue should be increased to at least 100 feet, or the curb cuts should be located directly across from each other. He recommended the subdivision be approved when the zoning is approved, contingent on a 5% cash donation for parkland purposes, and correction of the curb cut locations. Regarding the rezoning proposal, Mr. Luce noted the conges- tion in general and the lack of respect for the natural amenities on the site; he suggested the number of units be reduced or that some of the units be redesigned as two-story structures, thus requiring less lot coverage and increasing the amount of open space. Mr. Bill Dolan, the architect and engineer, stated the small pond and oak trees are the site's only natural amenities, while its problems include its shape and low areas and the fact that it is divided by Vernon Avenue and is adjacent to two freeways. He explained the areas where fill from the hill will be needed, and indicated the unit mix could be revised in some of the structures to reduce the square footage and better preserve the oak trees. Regarding the congestion, Mr. Dolan stated that more than 3,000 square feet of open space will be provided per unit, which exceeds the ordinance requirement. He noted a 30 foot roadway is proposed, but suggested a 24 foot roadway would require less hard cover and allow even more open space and green area. He felt the combination of a narrower road and smaller units would relieve any congestion problem. Lengthy discussion followed. The Planning Commission generally agreed the hard cover seemed excessive and the proposal appeared congested. In reply to Mr. Hughes, Mr. Hanson, the property owner, stated one-story structures are planned because many of the two-story townhouses built in the area have had a slow absorption V 6-2-76 Planning Commission Minutes, page 5 rate, and many people, particularly older people, prefer the one story design to designs which include a lot of steps. Mr. Runyan suggested the circulation system be simplified and the open space be grouped. Mrs. McDonald moved the Shadow Hill subdivision and rezoning requests be continued to the next meeting (July 7th) to give the architect and owner an opportunity to review the proposal in light of the staff's comments and those comments made by the Planning Commission. Drawings, which include the road changes, should be presented at the next meeting to better illustrate the open space and hard cover areas. Mr. Hughes seconded the motion. All voted aye. Motion carried. S-76-11 Erickson Addition. Generally located south of W. 54th Street at Zenith Avenue. Mr. Luce stated the proposed one -lot single family subdivision includes an unplatted piece of property, part of Zenith Avenue which has been vacated, and part of Minnehaha Creek. He recalled that about two years ago Mr. Lazlo Fulop proposed to vacate Zenith Avenue and request several variances to allow the construction of a house on the property. In connection with that proposal,. the City Council at that time required the dedication of the rear portion of the property for flood plain purposes to prevent any construction in the flood plain or adjacent to the creek. Mr. Fulop did not complete the subdivision needed to create a, buildable lot, incorporating the vacated portion of Zenith Avenue, and to dedicate the rear portion of the property to the City of Edina. Mr. Luce stated the necessary subdivision is new being requested by Mr. Ronald Erickson, who would like to design and construct a house facing W. 54th Street and dedicate the rear portion of the property (Outlot A) as previously requested by the City Council. He recommended the proposed plat be approved contingent on the dedica- tion of Outlot A. After brief discussion, Mr. G. Johnson moved the preliminary plat of "Erickson Addition" be approved as presented, contingent on the dedication of Outlot A to the City of Edina for flood plain purposes. Mr. C. Johnson seconded the motion. All voted aye. Motion carried. S-76-12 Krahl's Mountain. Generally located south of Vernon Avenue and west of Arctic Way. And (REZONING) Z-74-8 Melvin Gittleman. Generally located south of Vernon Avenue and west of Arctic Way. (Krahl Hill). R-1 Single Family Residence District to PRD -3 Planned Residential District - FINAL DEVELOPMENT PLANS. Mr. Luce reported that as a result.of a lawsuit between the City of Edina and the proponents, the district court recently determined that the city must rezone the Krahl Hill property to PRD -3; the city was, however, allowed to retain its right to review the plat and final development plans for conformance to the zoning ordinance. Those final development plans and the plat were submitted by the developer after several minor changes, such as the location of the tennis courts, were made at the staff's request. Mr. Luce presented the final plans and preliminary plat, and noted the EQC recommended they be approved provided a soil erosion and sedimentation plan is submitted and approved. 6-2-76 Planning Commission Minutes, page 6 Because, with the exception of the changes requested by the staff, the final development plans are in conformance with the concept plans, approval of the rezoning to PRD -3 was recommended pursuant to the court's order. Regarding the subdivision, Mr. Luce recommended approval with the following conditions: 1. that the developer be required to place a snow fence at the edge of all areas proposed to be disturbed in order to protect the natural vegetation and minimize the areas of disturbance; and 2. that a fee in lieu of parkland in the amount of $10,000 be donated to the City of Edina to satisfy the parkland dedication requirement. Mr. Hughes moved the rezoning to PRD -3 be approved pursuant to the court's decision, and that the subdivision be approved with the conditions listed by the staff. Mr. C. Johnson seconded the motion. All voted aye. Motion carried. III. REZONINGS: Z-76-9 City of Edina Lunds parking lot generally located at the southeast corner of West 50th Street and Halifax Avenue. 'C-2 and C-4 Commercial District to APD Automobile Parking District. Mr. Luce stated the property in question is the former Union Oil gas station site on 50th and Halifax and the parking lot in front of Lunds grocery store. He recalled the land trade which occurred between the Edina Housing and Redevelopment Authority and the Lunds, and explained the proposed commercial condominium building to be constructed in the present Edina Eye Clinic location. Mr. Luce noted that Edina and the Lunds recently signed a cross easement for joint parking privileges, and now desire to have the existing and future parking areas rezoned from C-2 commercial district to APD Automobile Parking District. Mr. Kremer moved the rezoning from C-2 to APD be approved as requested. Mrs. McClelland seconded the motion. All voted aye. Motion carried. IV. OTHER BUSINESS: 1. (FP -2) City of Edina for a Flood Plain Permit for Arden Park Shelter Building. Mr. Luce explained the Edina Park Department proposes to construct a new warming house/rest room shelter at Arden Park to replace an existing wood shelter located on the same site. Because the proposed building would be located entirely within the Minnehaha Creek flood plain, a flood plain permit is required. Mr. Luce explained that other building sites were considered, however, the Park Department feels the proposed location is the most desirable because of its proximity to the hockey rink, its distance from surrounding residences, and its availability to canoers during the summer months. Mr. Luce recommended approval of the requested flood plain permit with the stipulation that all fill areas must be adequately protected from erosion. He noted the Minnehaha Creek Watershed District approved the city's request with the following conditions: 1. There shall be no flood protection structures such as dikes, permanent or temporary, installed in the flood plain relative to this proposed structure. 2. In the event of a regional flood the structure shall be allowed to flood with no restrictions. I 6-2-76 Planning Commission Minutes, page 7 3. Any water supply system or wastewater system installed at or below regional flood level shall include an automatic sanitary seal to prevent entry of flood waters. After brief discussion regarding the proposed shelter building location, Mr. G. Johnson moved the Park Department's request for a flood plain permit to allow the construction of.a permanent park shelter building in the flood plain be approved with the conditions listed by the Watershed District and with the additional condition that all fill areas must be adequately protected from erosion. Mr. C. Johnson seconded the motion. All voted aye. Motion carried. V. Adjournment. Respectfully submitted, Lynnae C. Nye, Secretary