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HomeMy WebLinkAbout2018 09-12 Planning Commission Minutes/ Minutes City Of Edina, Minnesota Planning Commission Edina City Hall Council Chambers September 12, 2018 Call To Order Chair Olsen called the meeting to order at 7:03 PM Roll Call Answering the roll call was: Commissioners Miranda, Lee, Strauss, Mangalick, Melton, Hamilton, Chair Olsen. Staff Present: Kris Aaker, Assistant Planner, Emily Bodeker, Assistant Planner, Debbie Townsend, Communications Coordinator, Liz Olson, Support Staff Absent from the roll call: Commissioners Bennett, Thorsen, Nemerov, and Berube Approval Of Meeting Agenda A motion was made by Commissioner Strauss to approve the September 12, 2018 meeting agenda. Commissioner Miranda seconded the motion. The motion carried. Approval Of Meeting Minutes Commissioner Hamilton moved to approve the August 29, 2018, meeting minutes. Commissioner Strauss seconded the motion. The motion carried. Public Hearings Staff Presentation Planner Bodeker presented the staff report for 5119 Wooddale Glen, Edina, MN. The applicant is requesting a 14-foot setback variance from the 50 foot setback requirement from a pond for an existing patio and fireplace. Staff does not recommend approval of the variance, as requested subject to the findings and conditions listed in the staff report. Discussion/Comments/Questions • Commissioners asked if the patio and the fireplace would need to meet the 50 foot setback and Planner Bodeker replied in the affirmative. • Commissioners asked Bodeker for percentage estimate of how many existing houses add decks or patios, years after construction is completed, apply for permits for those decks. Bodeker responded that they do not require permits for those, but it is expected that they would meet the zoning requirements. Planner Aaker commented that because permits aren’t required, there is no percentage to estimate. • Commissioners questioned if the patio and landscaping were typically submitted with the building plans regarding new builds. Planner Bodeker replied in the affirmative and explained that the original survey for the home did not include a patio or fireplace when the building permit was submitted. Commissioners asked what is required by the city if homeowners decide to do additional landscaping work. Bodeker replied that there would not be a permit required for the patio, but there might be a permit required for the fireplace if it is over 7 feet tall or larger than 200 square feet. Bodeker added that there might be additional considerations that the Building Official might want to look at regarding the proximity to the home and the fireplace on the lot and adjacent homes. • Commissioners commented that the applicant was not aware of the 50 foot setback. Commissioners asked Bodeker how the applicant would have known that there was a 50 foot setback requirement. Planner Bodeker replied that the 50 foot setback was included on the initial survey that was submitted. Bodeker explained that it stated in the zoning ordinance that there is a setback that includes patios from the existing high water lines for existing water ways. • Commissioners asked Planners if the structure needs to be removed if the variance is denied and Bodeker replied in the affirmative. • Commissioners asked if there is insufficient room to rebuild this to meet the setback requirements. Bodeker replied yes, and that the lot could have also been graded a different way to include that structure. • Commissioners asked where Staff thought the most appropriate relocation spot would be if it had to be rebuilt. Bodeker replied that perhaps near the rear of the home. Appearing for the Applicant Clayton Johnson, Yardscapes, introduced himself and explained that he was involved with the project on the front end when the homeowners started working with the architects to build the house. Johnson was involved so early that the 50 foot setback was not included or noted on the survey. Discussion/Comments/Questions • Commissioners asked how tall the fireplace was and Johnson replied that he guessed it was 8 feet. Bodeker commented that they would need to work with the Building Department on getting a footing and foundation permit if it is taller than 7 feet. • Commissioners asked if Johnson had tools in his pocket that he would be able to mitigate the hard surface runoff towards the creek and incorporate it into the landscape design. Johnson responded in the affirmative and said a rain garden could be added or plantings near the creek. Public Hearing Shelley Carpenter, 4421 52nd St. W., stated that her backyard abuts the property at 5119 Wooddale Glen. Carpenter stated there are rules for a reason with the watershed areas, lakes, rivers, and streams. Commissioner Hamilton moved to close the public hearing. Commissioner Strauss seconded the motion. The motion carried. Discussion/Comments/Questions • Commissioners discussed the rules are important and it is important to abide by them. Commissioners suggested possibly talking with the Minnehaha Creek and the Engineering department to include a rain garden work and significant work so that neighbors are more protected from run off. • Commissioners stated that it might be creating more problems for city staff and Commissioners if these were reviewed on a case by case basis after the fact. Commissioners commented that the landscape architect is responsible for checking the setbacks and had a difficult time understanding how it was missed. • Commissioners asked if the non-conforming setback of the old patio would have still needed a variance with the same footprint and Commissioners Staff replied yes. Motion Commissioner Hamilton moved approval of the variance as outlined in the staff memo subject to the condition of providing an excess of 400 square feet of runoff and a rain garden approved by the Minnehaha Water Shed Creek and the City Engineer. Chair Olsen seconded the motion. The motion failed, 1-5. Aye: Hamilton Nay: Miranda, Lee, Strauss, Olsen Commissioner Lee moved denial of the variance as outlined in the staff memo subject to the conditions and findings therein. Commissioner Strauss seconded the motion. Aye: Miranda, Lee, Strauss, Olsen Nay: Hamilton The motion carried. VI. Community Comment None. Commissioner Strauss moved to close the Community Comment. Commissioner Miranda seconded the motion. The motion carried. A. Staff Presentation, 2019 Planning Commission Work Plan Planner Aaker explained the initiatives below: 1. Continued initiative to meet twice per month on the second and fourth Wednesday to review all of the land use applications submitted to the City of Edina. 2. The ongoing, but temporary, Comprehensive Plan update to the Metropolitan Council that continues into 2019. 3. A new initiative and ongoing responsibility of the Planning Commission that include zoning ordinance amendments such as looking at establishing impervious surface regulations to include grading and drainage, whether we should continue to require basements for single dwelling units, 1 foot rule for the first floor elevation due to water table issues, the 2 car garage requirement, and allowing single family homes in the R-2 district. 4. Area study for the Cahill Industrial park, as an extension of the 70th and Cahill small area plan. Aaker explained that Planner Teague wanted the Planning Commission to review the work plan because it will be on the September 26th agenda. Discussion/Comments/Question Commissioners discussed Affordable Housing and what zoning might do to mitigate some of the problems. Commissioners stated that they aren’t ready to write the zoning ordinance, but they are ready to explore it. Commissioners commented on traffic studies be reviewed by the Transportation Commission and the Planning Commission receive a memo with input. Commissioners requested to coordinate a work item with the Transportation Commission to jointly review the traffic studies. Commissioners commented on single family homes in the R-2 district and suggested and possibly allowing R-2 in R-1 districts to increase density. VIII. Correspondence And Petitions None. Chair and Member Comments Commissioner Miranda discussed the maximum use of cars and his discussion with former Student Commissioner, Peter Kivimaki, regarding the 50th and Vernon Ave car incident. We need to be stronger in planning with cars having such a high priority in Edina. Chair Olsen asked Planner Aaker if the Comprehensive Plan schedule will be on the website. Aaker responded that it can be posted with the Planning Commission’s blessing. Olsen said to post it but with a disclaimer that the dates may change. Chair Olsen introduced the new student members and Commissioner Mangalick and Melton introduced themselves. Staff Comments None. Adjournment Commissioner Hamilton moved to adjourn the September 12, 2018, Meeting of the Edina Planning Commission at 8:08 PM. Commissioner Strauss seconded the motion. The motion carried.