HomeMy WebLinkAbout1989 09-27 Planning Commission Meeting Minutes RegularMINUTES OF THE REGULAR MEETING OF THE EDINA
COMMUNITY DEVELOPMENT AND PLANNING COMMISSION
HELD ON WEDNESDAY, SEPTEMBER 27, 1989, AT 7:30 P.M.
EDINA CITY HALL MANAGER'S CONFERENCE ROOM
MEMBERS PRESENT: Chairman, Gordon Johnson, Helen McClelland, Robert
Hale, Nan Faust, Virginia Shaw, Lee Johnson
MEMBERS ABSENT: John Palmer, David Runyan, Geof Workinger, John Bailey
STAFF PRESENT: Craig Larsen, City Planner
Jackie Hoogenakker, Secretary
I. APPROVAL OF THE MINUTES:
Commissioner V. Shaw moved for approval of the August 30, 1989, Community
Development and Planning Commission Minutes.
I- NEW BUSINESS•
LD -89-5 Leo Evans and Dennis Wegner. Generally located south
of Vernon Avenue and east of Olinger Road
Request: Lot line adjustments
Mr. Larsen informed the Commission the subject property involves a vacant parcel
of about 9.5 acres owned by Leo Evans, and a developed single family lot owned
by Dennis Wegner. The Wegner property fronts on Olinger Road and is in the
south westerly corner of the Evans property.
Mr. Larsen pointed out a survey has discovered that Wegners southerly lot line
is not coincident with the rear property lines of the developed lots to the
south. Instead, Evans owns a small triangular piece between the Wegner property
and the lots to the south. To correct the problem and make the lot lines
coincident Evans and Wegner have agreed to a property exchange. The trade moves
Wegners north property line about 13 feet south. The adjustment "squares off"
the Wegner property and gives Evans a useable piece of property.
Mr. Larsen concluded staff recommends approval.
The Commission was in agreement that the proposed correction to the lot lines
makes sense by squaring off the Wegner property and giving Evans a useable piece
of property.
Commissioner McClelland moved to recommend approval of the lot division.
Commissioner Faust seconded the motion. Ayes; McClelland, Hale, Faust, L.
Johnson, V. Shaw and G. Johnson. Motion carried.
*Amendment Zoning Ordinance No. 825 and New Subdivision Ordinance No. 804
Mrs. Larsen explained to the Commission that before them this evening is a draft
of Ordinance 804 and amendments to Ordinance 825. He said the amendment to
Ordinance No. 825 and the new 804 are a result of Commission input, staff input,
and working with the legal staff retained by the City of Edina. He explained
the changes and additions implemented by the Ordinances and to the application
process would result in the Commission receiving pertinent information at the
onset allowing them to carefully review and arrive at a educated decision. He
asked the Commission to recall that in the past, inquiries about topography, and
lot sizes in the surrounding neighborhood were requested quite often after the
item was first heard. The new application process should expedite matters.
The Commission expressed approval of the draft of the proposed Zoning Ordinance
Amendment No. 825 and the new Amendment No. 804, offering the following comments
and observations.
Chairman G.Johnson asked Mr. Larsen if in his opinion (and City Attorney Tom
Erickson) the new Ordinances would be able to withstand scrutiny by the court if
a suit would be levied against the City. Mr. Larsen said staff, and the City
Attorney feel the proposed amendments would withstand a court review. Mr.
Larsen cautioned, however, that each case is individual and judged individuality
on its own merits. Mr. Larsen stated he feels the proposed amendments meet the
requirements of the City and ensure that the City maintains its residential
character and symmetry. Further, Mr. Larsen explained that the new application
process places additional requirements on the proponent. One requirement, that
was alluded to earlier, that will benefit staff and the Commission, is when an
application for subdivision is submitted to the City, the proponent is required
to supply lot sizes of lots within the original plat, and 350 feet from the
perimeter of the property proposed for subdivision. It should also be noted
that if an original plat is extremely large (i.e West Minneapolis Heights,
Morningside plats) the limit for the proponent supplying lot sizes is 1000 ft.
Mr. Larsen pointed out lot sizes of an area have been routinely requested by
Members of the Commission.
Commissioner Shaw asked Mr. Larsen what is the definition of neighborhood? Mr.
Larsen explained for the subdivision process the definition of neighborhood is:
* 350 foot radius from the proposed subdivision;
* the original plat; or
* 1000 foot radius from the proposed subdivision if the original
plat exceeds 1000 feet.
Commissioner Hale questioned what would be the "neighborhood" of a proposed
subdivision if it abuts a public park. Mr. Larsen answered the same criteria
applies to a proposed subdivision abutting a public park. Mr. Larsen added a
limit has to be set and if a park is over 1000 feet in depth it may be realistic
to assume they will not be adversely impacted by a proposal over 1000 feet away.
Commissioner L. Johnson told the Commission he generally approves of the
proposed ordinance amendments but feels the minimum lot size requirements for
subdivision in the City should be increased. He pointed out the majority of new
developments within the City are not on lots of 9000 square feet. Commissioner
L. Johnson noted that urban development could occur within the City in areas of
small lots. The City will have to be willing to come to an educated solution if
that would occur that will benefit the City. Mr. Larsen said that may become a
an issue in the future and City Staff, the Commission, and Council will have to
develop performance standards.
Mr. Mike Bolen of 5207 Doncaster told the Board he was present on behalf of his
client, Mr. Keinith and himself.
Mr. Bolen said he agrees with some aspects of the new ordinances but finds it
lacking. He said the City should not enable the subdivision of any single
family lot to be effortless. He pointed out private covenants should be
protected by the City and enforced. He added when someone purchases a property
within the City they should be assured that the original plat is protected and
the area will be maintained in its original form. He added the City does not go
far enough in protecting private covenants within an original plat. Further,
Mr. Bolen said subdivision of a property should not solely be for monetary
gains. A person should not be allowed to purchase property in a neighborhood,
subdivide it and make a profit. Chairman G. Johnson clarified for Mr. Bolen
that the Commission does not look at economics when determining if a parcel of
land is subdividable or not. He pointed out the Commission when reviewing a
proposal has no idea how much the proponent paid for the property, or the amount
of money the proponent intends to sell the new lot for. Their decision is
based on many standards, including comparable lot size, character, symmetry,
topography, traffic safety, and if, or if not, the proposal negatively impacts
the neighborhood. Commissioner McClelland agreed with Commissioner G. Johnsons
comments and pointed out the Commission has always walked the site, reviewed it
carefully with the aide of the Zoning Ordinance, Subdivision Ordinance and the
Comprehensive plan, and neighborhood input. They then arrive at an educated
decision.
Mr. Bolen said in his opinion the following information should be required from
the proponent and delivered to the City Planner (if reasonably available) for
the application process:
* A copy of the original plat and replats thereof; in a neighborhood;
* A copy of the so-called residential protective covenants, easements,
restrictions, adopted at or about the time of the plat;
* topographical elevations of original plat and replat thereof;
* Aerial photographs of the neighborhood;
* Developers agreement for original plat and replat of the neighborhood;
* Sales brochures issued to the original purchaser of lot of the
original plat or replat of the neighborhood;
* Any other documents or information relative to the original and
amended plan of development for the neighborhood.
* Statement regarding the changes in the original or re -plated plat
which would justify granting a subdivision or replat of a lot or part
thereof that was originally a single family dwelling unit.
Mr. Bolen said these eight items would "pin -down" the original plat. Mr. Bolen
added he would like to see under Section 14, subparagraph 6, as to criteria,
"that in granting a plat or subdivision, the applicant of the proposed replat of
a subdivision of a platted or originally platted single family lot has failed to
bare the burden or proof by clear and convincing evidence that the original
development plan for his single dwelling unit lot and the neighborhood has so
changed as to justify the granting of his application to create two or more
buildable lots where only one was originally or subsequently provided for."
Commissioner Faust pointed out to Mr. Bolen that the attempt of a subdivision
within his neighborhood failed. She added she felt the reviewal process the
Commission and Council follow work when all aspects of community planning are
considered. Commissioner Faust noted that the cost for the proponent to supply
the City with lot size, topography etc, could be significant and may deter a
number of persons. Mr. Larsen agreed that cost could be a factor to an elderly
property owner who years ago purchased a home on a large lot with the prospect
of dividing it as a cushion for retirement. Commissioner McClelland told Mr.
Bolen that Members of the Commission, and the Council, want Edina to stay a
single family community and have done their best in maintaining that character.
Commissioner McClelland added there may be areas within the City where new
development is not harmful and it is unrealistic to assume that new development
will not occur in those areas of our City. Mr. Bolen agreed, but added his main
concern and fear is with the "one' lot subdivision requests. The Commission
agreed that "one" lot subdivisions must be looked at very carefully.
Commissioner McClelland moved to recommend to Council the adoption the
amendments to Zoning Ordinance No. 825 and Subdivision Ordinance No. 804.
Commissioner L. Johnson seconded the motion. Ayes; G. Johnson, L. Johnson, H.
McClelland, R. Hale, N. Faust, V. Shaw. Motion carried,.
* Zoning Ordinance Amendment to allow private clubs in the PC -1 Commercial
District
Mr. Larsen told the Commission currently private, non profit clubs are allowed in the PC -2
PC -3 Commercial Districts. The proposed amendment would add as a permitted use in the PC -
District, clubs, lodge halls, meeting rooms, offices and other facilities for non profit
organizations not exceeding 2,500 square feet of gross floor area.
Mr. Larsen added the proposed amendment would allow the Edina American Legion to relocate
the Grandview area to the Cahill -Amundson shopping area. The Legion has lost its lease in
old Biltmore Building.
Commissioner L. Johnson questioned if it is a good idea to allow a private club in this
district because its not a retail draw. Commission L. Johnson pointed out many retail
"strip" malls are in trouble. Mr. Larsen agreed that the Cahill -Amundson area needs re -de
or re -development to remain a viable mall area. He added the Legion anticipates renting s
on a short term basis. The Legion has been in the Community for a number of years and they
not afford the high rent in permitted districts. Commissioner McClelland pointed out that
is important to remember that the Legion is non-profit and the proposed limited square foo
allowed for the club should prevent other non-profit organizations from relocating to this
district because of the square footage limitation. Commissioner McClelland asked Mr. Lar
to clarify the square footage the Legion would be using. Mr. Larsen said the square foota
they are renting is 1300 square feet. Commission L. Johnson reiterated that this center n
to work, but he wants to make sure this use is temporary. Commissioner G. Johnson asked M
Larsen if he knew how many members attend this Legion. Mr. Larsen answered he was not sur
but the membership is not large. Commissioner Faust asked where would the Legion move if t
couldn't relocate to this site. Mr. Larsen said they have no where to go.
Members of the Commission commented that the Legion has given much to the Community in ter
of sponsoring athletic teams and events.
Commissioner McClelland moved to recommend that private clubs be allowed in the PC -1
Commercial District, not to exceed 2,500 square feet of space. Commissioner Faust seconde
the motion. All voted aye. Motion carried.
IV.
The meeting adjourned at 9:50 p.m.
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