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HomeMy WebLinkAbout1977 02-02 Planning Commission Meeting Minutes Regulars MINUTES OF THE REGULAR MEETING OF THE EDINA PLANNING COMMISSION ,HELD WEDNESDAY, FEBRUARY 2, 1977 EDINA CITY HALL Members Present: W. W. Lewis, Chairman, Gordon V. Johnson, Clifford E. Johnson, Mary McDonald, Richard E. Kremer, and Helen E. McClelland Staff Present: Greg Luce, City Planner, Robert Dunn, City Engineer, and Lynnae Nye, Secretary. I. Approval of the December 29, 1976, Planning Commission Minutes. Mrs. McDonald stated paragraph 3 of page 2 should be amended to reflect that she voted against the motion to deny the division of Lot 6, Block 2, Stow's Edgemoor Addition. Mr. G. Johnson moved the December 29, 1976, Planning Commission minutes be approved with that amendment. Mr. C. Johnson seconded the motion. All voted aye. Motion carried. II. OLD BUSINESS: 1. Subdivision Dayton Development Company Registered Land Survey. Generally 5-76-26 located north of W. 69th Street, south of W. 66th Street, east of France Avenue and west of York Avenue (Southdale Center). Mr. Luce indicated the proponents are requesting to replat an existing registered land survey into a new three -tract registered land survey; one tract would be the ski/garden store building, one tract would be Dayton's Department Store, and the third tract would be most of the remaining Southdale Center property. The water tower, Dayton's gas station, Donaldson's, J. C. Penney, the J. C. Penney gas station, and the vacant gas station parcels are excluded from the proposed registered land survey. Mr. Luce noted the proponents are also requesting a variance from the ordinance requiring the erection of signs identifying properties to be subdivided, as the erection of signs at Southdale for this purpose would only create undue public confusion. Mr. Luce explained that in a separate action Dayton Development Company is proposing to expand the Dayton's retail store into part of the public hallway adjacent to the store. As a result, the amount of retail floor area would be increased, thus requiring additional parking spaces to support that use. Mr. Luce recommended the requested registered land survey be approved, provided the existing vacant gas station parcel on W. 66th Street is eliminated and that land area is combined with proposed Tract C. Further, the vacant gas station structure should be removed and the site redeveloped for parking in connection with the proposed retail expansion. He noted Hennepin County has also requested that any approval be contingent on the creation of a separate 10 foot strip along France Avenue for future right-of-way purposes in connection with the anticipated widening of France Avenue. After discussion, Mr. G. Johnson moved the requested registered land survey be approved with the following conditions: 1. that Tract G of R.L.S. No. 629 (the vacant gas station parcel) be incorporated into Tract C of the proposed registered land survey; 2. in connection with the expansion of Dayton's retail space, the vacant 2-2-77 Planning Commission Minutes, page 2 gas station structure should be removed and the perimeter road near the station should be modified so additional parking spaces to support the increase in retail floor area could be provided on the inside of that road; and 3. that a separate 10 foot tract be created along France Avenue so another replat is not required when Hennepin County needs additional right-of-way. -Mr. C. Johnson seconded the motion. All voted aye. Motion carried. 2. Lot Division Interlachen Investments Inc. Lots 1 and 2, Block 1, LD -76-15 and Edenmoor Addition. Generally located at 5244 Eden Circle. LD -76-16 Mr. Luce stated the rear six feet of lots 1 and 2 is proposed to be divided from those lots and added to lots 6 and 7 of the same Addition. He recommended approval, explaining the divisions are requested so an existing retaining wall could identify thepropertyline. He noted the deeds prepared to facilitate -the sale of the six foot strip should be rewritten so that that parcel is not allowed to remain a separate tract of land but is combined with lots 6 and 7. Mr. Kremer moved the requested lot divisions and combinations be approved, provided the legal descriptions and deeds arc revised as recommended by the staff. Mrs. McDonald seconded the motion. All voted aye. Motion carried. III. NEW BUSINESS: 1. Rezoning Prestige -Investment Inc. 6800, 6804, and 6808 Dovre Drive. Z-77-1 and Lots 1, 2, and 3, Block 1, Nine Mile North 2nd Addition. Flood Plain R-1 Single Family Residence District to R-2 Multiple Permit FP -4 Residence. District. Mr. Luce recalled that as a result of recent Planning Commission and City Council action, there are now two double bungalow lots on the south side of Dovre Drive instead of three single family lots, as the property was originally platted. He indicated the proponents are requesting to rezone the three lots on the north side of Dovre Drive from R-1 to R-2. All three lots exceed the required minimum lot area of 15,000 square feet. He noted the proposed use would not be out of character with the immediate area and the Western Edina Plan indicates low density attached dwellings might be located on this property to serve as a transition between the industrial and multiple residential zoning to the west and the single family use to the east. Mr. Luce presented a graphic illustrating the flood plain elevation on the lots in question and the areas to be filled and compacted. In reply to Mr. Lewis, Mr. Luce stated the useable lot area of the north side lots is similar to the lot sizes on the south side of Dovre Drive. Mr. Lewis felt the north and south sides of Dovre Drive should be developed at the same 'density; namely, two double bungalow lots, not three as presently requested. Mr. Gib Feig, the prospective builder, indicated the proposal meets the minimum zoning ordinance requirements for R-2 lots and three double bungalows could be constructed without variances. The Planning Commission generally agreed two double bungalow lots would be more desirable than the three R-2 lots requested because three structures would appea. crowded and the symmetry of the Parkwood Knolls area and residential developments to the east and south would.be affected. Also, because a substantial portion of the three existing lots is flood plain and is therefore not buildable land area, the 2.e2-77 Planning Commission Minutes, page 3 Planning Commission agreed the request should be denied or it should be continued to give the proponents an opportunity to amend their present proposal and request a two -lot development. Mr. Feig requested a continuance so he could meet with the property owner and study the Planning Commission's recommendation. Mr. Kremer mo to the next Planning discussion. Mr. C. 2. Lot Divis LD -77-1 Mr. Luce presen Addition who are oppos additional constructio character and symmetry and subsequent constru environment, and the s that new construction. the requests for rezoning and a flood plain permit be continued mission meeting in accordance with the Planning Commission's son seconded the motion. All voted aye. .Motion carried. Kenath H. Sponsel. Lot 10, Rolling Green. Generally located at 10 Merilane. ed a petition signed by 27 households in the Rol -ling Green d to the requested lot division because the subdivision and on the subdivided lot would not be in keeping with the of the neighborhood. The petition also indicates the division tion would be injurious to nearby property values. and the.: gners have relied upon deed restrictions which would prohibit Mr. Luce presented a graphic illustrating the proposed division of Lot 10_, which would result in the creation of an additional buildable lot (140' X 120') on Paddock Road. Although a number,of divisions have occurred.in.Rolling.Green, the - resulting lot in this case would be one of the smallest in the neighborhood. The new lot would, however, meet all zoning and subdivision ordinance requirements. Mr. Luce stated that deed restrictions in Rolling Creen prohibit the construction of more than one house per lot. The proponent is contesting those deed restrictions and that case is pending before the district court. He suggested a decision regarding the proposed lot division be postponed until a court decision has been made, since it would not be appropriate to create an additional buildable lot which would be restric ed from development by a court action. Mr. Howard Moorattorney representing the proponent, clarified that a torrens proceeding has been commenced in connection with the deed restrictions to establish that the res ictions are void in light of the time that has passed. Mr. Cor -nor Sch: Road, noted the propo: existing house on lot of the proposed lot. independent of the co hood. Mr. C. Jihnson recommended by the st carried. 3. Subdivision S-76-20 and Rezoning z-77-2 Mr. Luce recal and cul-de-sac Bror R dt, attorney representing Mr. T. R. Anderson of Paddock nt's submittal does not illustrate the location of the 0 or the character of the homes immediately north and south e urged the Planning Commission to reject the application, is decision, because it is out of character with the neighbor- ved the requested division be continued indefinitely, as . Mr. G. Johnson seconded the motion. All voted aye. Motion Dahlquist Addition Replat. Richard Reeves. Generally located north of Mark Terrace Drive and east of Valley View Road at the south end of Bror Road. Lots 1 and 2, Dahlquist Addition. R-1 Single Family Residence District to PRD -1 Planned Residential District. that several months ago the proponents requested to extend to serve a proposed four -lot subdivision. He explained 2-2-77 Planning Commission Minutes, page 4 the present requests for subdivision and rezoning represent a minor modification of that earlier proposal. After further study, the developers determined that extend- ing Bror Road would have caused considerable environmental and aesthetic damage and the cost of building the road extension and cul-de-sac to public street standards would have been extremely high. As a result, a similar four -lot plat is now requested; Bror Road, however, would be a narrower, private road which would be maintained by owners of property in the proposed subdivision. The rezoning from R-1 to PRD -1 is required to allow the construction of the private road and to avoid the possible creation of two rear "neck lots". Mr. Luce recormended the proposed rezoning and subdivision be approved for the following reasons:l.The proposed subdivision is consistent with an earlier approved subdivision, which is consistent with the Southwest Edina Plan and contained lot sizes similar to those in the neighborhood; and 2. the rezoning offers a tool which can be used to preserve to a greater extent the natural topography and vegetation without making any significant adverse changes to the neighborhood. Approval should be contingent on a parkland dedication fee equal to five percent of the raw land value at the time of final platting. Mr. G. Johnson so moved, and Mrs. McDonald seconded the motion. All voted aye. Motion carried. 4. Lot Division Elmer Nordquist. Lots 27 and 28, Morningside. Generally LD -77-2 located at 4005 W. 42nd Street. Mr. Luce recalled that lots 27 and 28 were combined when all but 35 feet of Lot 27 was taken for the construction of W. 42nd Street. The combined lots were subsequently divided into three single family lots in a north/south direction, and a house was constructed on the westernmost lot. The proponent is now requesting to divide the center lot in half; the west half would be added to the lot with the existing house and the east half would be added to the vacant corner lot directly east. Two large lots (100' X 135') would result. Approval was recommended. tdr. Kremer moved the requested lot division and combinations be approved. Mr. C. Johnson seconded the motion. All voted aye. Motion carried. S. Lot Division Gregor Investments Association. Lots 25 and 26, Morningside. LD -77-3 Generally -located at the southeast corner of W. 42nd Street and Scott Terrace. Mr. Luce recalled that all but the south 35 feet of Lot 26 was taken for the construction of W. 42nd Street. He explained the proponents are now requesting to combine the remainder of lot 26 with lot 25 and, subsequently, to divide the total property in half in a north/south direction to create two 100' X 135' single family lots on W. 42nd Street. Approval was recommended because lot 26 would be eliminated and two buildable single family lots would be created. Mr. G. Johnson so moved, and Mrs. McDonald seconded the motion. All voted aye. Motion carried. 6. Lot Division City of Edina. Lots 4, 5, and 6, Block 1, Lake Edina Village LD -76-18 Replat'Generally located east of Highway 100, north of W. 77th Street and south of Lake Edina. Mr. Luce stated that when the property in question was subdivided by the City of Edina, a watermain and a sewer easement were not properly identified on the plat. As a result, the buildability of Lot 6 would be extremely limited. Because lots -4 and 5 are larger than other lots in the subdivision, the City is proposing to 2=2-77 Planning Commission Minutes, page 5 divide a small amountc�f square footage from those lots and add it to Lot 6. Approval was recommended. Mr. Kremer moved the requested lot divisions and combinations be approved, and Mr. C. Johnson sec nded the motion. All voted aye. Motion carried. 7. Subdivision William Wardwell Lewis Park Addition. City of Edina. S-77-1 Generally located at the northwest corner of Cahill Road and Dewey Hill Road. Mr. Luce recalled the property in question was purchased about a year ago for park purposes. He indicated Outlot B of the proposed plat will be park, and Outlot A will be a future storm sewer holding pond. Three single family lots are proposed; two would have access to Tara Road and the third would front on Dewey Hill Road. Approval was re ommended. Mr. Dunn pointed out a single family home in private ownership on Dewey Hill Road is included in the park outlot. He noted the City is attempting to purchase that property, but if it has not been acquired by the time of final platting, that land will be labelled an exception. After discussionregarding the status of Amundson Avenue, Mr. C. Johnson moved the prcliminary plat o William +1ardwell Lewis Park Addition -be approved. Mr.Kremer seconded the mo ion. All voted aye. Motion carried. g.. Subdivision S-77-2 and Rezoning Z-77-4 Mr. Luce re comme agenda inasmuch as the requisite signs indica were not erected. Wallace Kenneth. Generally located east of Lincoln Drive and west of Malibu.Drive extended. R-4 Multiple Residence District and R-1 Single Family Residential District to R-4 Multiple Residence District and R-2 Multiple Residential District and R-1 Single Family Residence District. .ded this matter be continued to the next Planning Commission property is located in a highly controversial area and .ing the property is proposed to be subdivided and rezoned Mr. G. Johnson m ved the Wallace Kenneth subdivision and rezoning requests be continued to the following meeting because signs giving public notice of the requested actions were not insta led as required by ordinance. Mr. C. Johnson seconded the motion. All voted aye Motion carried. 9. Declaration �f Buildable Lot - Outlot 1, Iroquois Hills 4th Addition. Generally to ated south and west of Valley View Road. Mr. Luce stated he owner of theproperty in question is requesting that this outlot be declared a biildable lot so that one single family home can be constructed on the site. Access f om Valley View Road is proposed. Mr. Luce commented that: 1. A deed to tha south 40 feet of Outlot 2, Iroquois Hills 4th Addition (the adjacent parcel) was r quired and originally submitted when that outlot was declared a buildable lot in 1973. The deed was, however, returned to the developer for full signature. Because it has not been returned to be filed at Hennepin County, there is 2-2-77 Planning Commission Minutes, page 6 no public access over that 40 foot strip to Valley View Road. 2. The property is an outlot in the Iroquois Hills development, as is the land directly west, and a substantial amount of both outlots is located in the flood plain. Considerable filling of the flood plain has already occurred throughout the area in connection with past developments in Iroquois Hills, and the watershed district has indicated it would not allow future filling in this area because past filling was not done in conformance with, and exceeded, the district's regulations. Mr. Luce recommended the request to declare this property a buildable lot be continued indefinitely because there is no public access. He recommended further that if access becomes available, the request should be denied in the future for the following reasons: 1. A flood plain permit could not be achieved because of the amount of fill already used for previous Iroquois Hills subdivisions. 2. The property is almost immediately adjacent to Nine Mile Creek and could not preserve a reasonable setback from that waterway. 3. Access to the property, even assuming proper easements were acquired, will be difficult if not impossible and will require greater amounts of fill. Mr. Frank Cardarelie, the property owner, stated that although there is no public easement from his property to Valley View Road, there is a private easement for access. He stated he wants to retain about 1/2 acre of the outlot for a homesite and would donate the remaining acreage (about 312 acres) to the City for park purposes He noted the proposed house location has been filled, and added he plans to meet with the watershed district during February. Mrs. McDonald moved this request be postponed pending receipt of an easement over the south 40 feet of Outlot 2, Iroquois Hills 4th Addition, and resolution by the watershed district of the flood plain and fill problems. Mr. C. Johnson seconded the motion. All voted aye except Mr. G. Johnson, who abstained. Motion carried. 10. Rezoning Ebenezer Society. 7500 York Avenue South. PRD -5 Plan Z-77-3 Modification. Mr. Luce recalled the property in question was zoned PRD -5 in 1973 for three 12 -story apartment buildings for the elderly. Ebenezer Society is requesting approval of a modification of the architectural plans for that development; construction of one 9 -story building is presently proposed instead of the 12 -story structures previously planned. He stated the staff has reviewed the proposed plan modification and recommends approval. Mr. Jack Bowersox of Design Through Research, Inc., the architects, presented elevations and described the pedestrian access, surface and underground parking areas, the building exterior, the landscaping, grading, and other plans. He stated the density, number of parking,.spaces, unit sizes and the general service concept are identical to the previous design. The structural design was changed primarily to meet the needs of the elderly tenants of the building. 2=2=77 Planning Commission Minutes, page 7 Mr. Kremer mr vedthe requested PRD -5 Plan Modification be approved and Mr. C. Johnson seconded th motion. All voted aye. Motion carried. 11. Flood Plain Edina Public Schools. Edina West Athletic Fields. Permit FP -5 Mr. Luce referenced the Environmental Quality Commission staff report, which indicates the school district is requesting permission to fill a portion of the athletic field which iE below the flood plain elevation just north of the Edina West high school. The envi onmental and planning staff recommends a flood plain permit be granted. The following findings have been made: 1. The proposed flood plain permit is necessary to upgrade the athletic field complex; 2. Adequate flood water storage volume has beer provided on the site; and 3. the proposed encroachment is in conformance with the Watershed District's policies and regulations. Approval was recommendEd with the following nonditions: 1. All proposed elevations showing the grading plan must be lowered by .2 feet; 2. All disturbed areas must be adequately rc-vegetate within`three months after construction; and 3. Haybale dikes or other suitable temp rary erosion control measures must be implemented along the northerly drainage swa a to prevent erosion during construction. After brief dis be approved, subject = ' ' • staff report and as "l Motion carried. 12. Mr. Lewis C to attend the next Plai Tem, will also be absei Pro Tem at the next Pli All voted aye. Motion IV. Adjournment. Sion, Mr. C. Johnson--ovednthe requested flood plain permit the conditions contained in the Environmental Quality Commission end above. Mr. G. Johnson seconded the motion. All voted aye:', :he Planning Commission chairman) announced he will be unable fining Commission meeting and that Mr. Hughes, the Chairman Pro it. Mr. G. Johnson moved that Mr. C. Johnson act as Chairman Lnning Commission meeting. Mr. Kremer seconded the motion. carried. Respectfully submitted, Lynnae Nye, Secretary