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Home My WebLink About1979 02-28 Planning Commission Meeting Minutes RegularMINUTES OF THE REGULAR MEETING OF THE EDINA COMMUNITY DEVELOPMENT AND PLANNING COMMISSION HELD WEDNESDAY, FEBRUARY 28, 1979, AT 7:30 P.M. EDINA CITY HALL COUNCIL CHAMBERS Members Present: Chairman pro -tem Gordon Johnson, Len Fernelius, Del Johnson Helen McClelland, Richard Seaberg Members Absent: James Bentley, Bill Lewis, Mary McDonald, David Runyan Staff Present: Gordon Hughes, Director of Planning; Judy Teichert, Secretary I. Approval of the Minutes Richard Seaberg moved the minutes of the January 31, 1979, Community Development and Planning Commission meeting be approved. Helen McClelland seconded the motion. -All voted aye; the motion carried. II. New Business: S-79-2 Preliminary R.L.S. for Halla Enterprises, generally located south of Eden Avenue, west of Willson Road, and east of State Highway 100, described as follows: Tracts A, B, C, and D of Registered Land Survey No. 390, and Tracts A and B of Registered Land Survey No. 1021. Gordon Hughes asked the Commission to recall that it had considered a rezoning request by the Kerr Companies from R-1 to 0-2 Office for a portion of the subject property several months ago. He continued to note the rezoning request subsequently was granted first reading (i.e. pre- liminary approval) by the City Council, and a hearing is tentatively set for March 19, 1979, to consider second reading. Mr. Hughes indicated that in conjunction with this rezoning request, a new registered land survey for the subject property is being proposed to divide the subject property into two parcels, Tract A being the Perkins Restaurant and parking lot, and Tract B consisting of the proposed office site. Staff recommended approval of the requested registered land survey with the following conditions: that final approval of the rezoning request presently pending before the Council for Tract B of the proposed R.L.S. is granted, and that a subdivision dedication be received. In response to Del Johnson's question as to why the condition of approval of the rezoning was necessary, Gordon Hughes replied he felt this should go through as a package, and if the rezoning did not go through and the property should change hands there could be some problems in changing the zoning. Gordon Johnson observed that the recommendation was made by Staff to streamline the legal description of the property, and staff felt that itwouldbe a good time to do it in conjunction with the rezoning request. Mr. Hughes affirmed that observation was correct. Community Development and Planning Commission Wednesday, February 28, 1979 page 2 Gordon Johnson asked Mr. Hughes what amount the Council was considering in conjunction with the subdivision. dedication. Mr. Hughes answered that the Council was considering a fee of $16,000 which was an acceptable figure to the Kerr Company. Len Fernelius moved the Commission approve the R.L.S. request with the two conditions recommended by staff: that final approval of the rezoning request presently pending before the City Council for Tract B of the proposed R.L.S. is granted, and that a subdivision dedication be received. Helen McClellnad seconded the motion. All voted aye; the motion carried. Ordinance Reorganization of the Board of Appeals and Adjust - Amendment ments amendment to the zoning ordinance. Gordon Hughes indicated to the Commission that the City Council had requested the Staff and City Attorney Tom Erickson to prepare an ordinance amendment to streamline the application process of the Edina Board of Appeals and Adjustments and improve the hearing and appeal provided for each request. He noted the Board of Appeals hears appeals of administrative interpretation and requests for variances from the literal provisions of the sign ordinance (No. 451), the subdivision ordinance (No. 801), the zoning ordinance (No. 811), and the antenna ordinance (No. 812). Gordon Hughes informed the Commission that the following proposed ordinance modifications had been drafted: 1. The increased size of the Board from three to five members with a quorum of three members. This change will provide a better hearing and eliminate hearings with only two members' present. 2. The elimination of the City Council representative. There is a concern that the council representative appears to prejudice any subsequent appeal to the City Council. He continued that the following administrative procedures are proposed to be changed: 1.. Meetings will be scheduled twice a month with meeting dates that are compatible with City Council hearings. This date will reduce the delay for petitioners. 2. A maximum of five cases will be scheduled for each meeting to eliminate marathon meetings. 3. The published notice of the hearing will be eliminated to reduce the time between the deadline for applications and the hearing. The ten day advance notice of the hearing, mailed to surrounding property owners within 200 feet will be provided. to Community Development and Planning Commission Wednesday, February 28, 1979 page 3 Mr: Hughes explained that in addition staff is contemplating future changes that will adjust the zoning ordinance to eliminate many non- controversial and unnecessary variances to reflect the more fully developed nature of the community and promote the goals of the comprehensive plan. Noting to the Board that David Runyan is the regular Community Development and Planning Commission representative to the Board of Appeals, Mr. Hughes also informed them that all members of the Planning Commission may serve as alternates, and the proposed modification will require an increased number of Planning Commissioners to attend Board of Appeals meetings. Gordon Hughes concluded that the City Council has requested the Planning Commissions comments and recommendation on the ordinance. Gordon Johnson asked Mr. Hughes to clarify if he meant that Mr. Runyan, if so appointed, will continue as a regular member of the Board of Appeals and someone from the Commission would fill in when Mr. Runyan could not be there, or if he meant other members might be present as alternates in addition to Mr. Runyan on the Board. Mr. Hughes replied that Community Development and Planning Commissioners would serve as alternates for anyone else on the Board including, but not limited to, Mr. Runyan. Gordon Johnson suggested that*a rotating schedule be established for the Planning Commissioners to serve as alternates so they could know somewhat in advance when they might be expected to serve on the Board. In response to Len Fernelius' question about the statutory requirement of members, Mr. Hughes replied that the Board was required to consist of at least one Planning Commissioner and the other four members must be Edina residents. He noted, however, that since all members of the Planning Commission are also Edina residents it would be conceivable that all five members could be Planning Commissioners. Gordon Johnson voiced his concern that he did not feel that the Commission members should be a quorum at any one meeting because he felt they would only be re-echoing what had already been decided at the Commission level. Gordon Hughes pointed out, however, that out of approximately sixty-five variances heard last year, less than five were also heard by the Planning Commission. Helen McClelland voiced her concern about the 200 foot mailing notice radius stating she felt it should read, "all adjoining and/or abutting property owners to a limit of 1,000 feet." She noted that on large lots she did not feel the 200 foot mailing radius was sufficient. After a brief discussion as to what radius the mailed notices of public hearing should encompass, the Commission arrived at the figure of 500 feet being the best radius to use for notification. sk Community Development and Planning Commission Wednesday, February 28, 1979 page 4 Helen McClelland moved that the Commission recommend approval of Ordinance No. 811-A, an ordinance amending Ordinance No. 811 providing for the membership of the Board of Appeals and Adjustments and to allow administrative officials to appeal to the Council from decisions of the Board. Len Fernelius seconded the motion. All voted aye; the motion of approval carried. Helen McClelland then moved that the Commission recommend to the City Council that the administrative procedure change suggested which read "The published notice of the hearing will be eliminated to reduce the time between the deadline for applications and the hearing.. The ten day advance notice of the hearing, mailed to surrounding property owners within 200 feet will be provided" be amended to read, "The published notice of the hearing will be eliminated to reduce the time between the deadline for applications and the hearing. The ten day advance notice of the hearing, mailed to surrounding property owners adjoining/abutting or lying within 500 feet of the property will be provided." Del Johnson seconded the motion. All voted aye; the motion carried. Chairman pro -tem Gordon Johnson put forth'a recommendation that the staff prepare a certificate of recognition to be presented to Sam Hughes who served with the Board for many years. III. Next Meeting Date: March 28, 1979, at 7:30 p.m. IV. Adjournment: Len Fernelius moved that the meeting be adjourned. Richard Seaberg seconded the motion. All voted aye; the meeting was adjourned at 8 p.m. Respectfully /submitted, l f� Judy Teichert, Secretary •