HomeMy WebLinkAbout2004-09-28 Planning Commission Meeting Minutes RegularMINUTES OF THE REGULAR MEETING
OF THE EDINA PLANNING COMMISSION
WEDNESDAY, SEPTEMBER 28, 2004, 7:00 PM
EDINA CITY HALL COUNCIL CHAMBERS
4801 WEST 50 TH STREET
MEMBERS PRESENT:
Chair Byron, McClelland, Lonsbury, Fischer, Swenson, Workinger, Runyan
ABSENT:
Brown
STAFF PRESENT:
Craig Larsen
APPROVAL OF THE MINUTES:
The minutes of the September 1, 2004, meeting were filed and amended
to include the recognition of Ann Swenson as an excellent liaison to the Edina
Heritage Preservation Board.
IL OLD BUSINESS:
Z-04-1
Final Rezoning and Final Plat
Mark Jones
Pukwana Townhomes LLC
5125 49th Street West
Mr. Larsen told the Commission the Council at their August 17, 2004;
meeting approved the preliminary rezoning and preliminary plat for Mark Jones,
5125 49th Street West. The proposed site plan is unchanged from that given
preliminary approval but suggests one variance. That variance is a result of
moving the building west to provide for snow storage, landscaping and protection
of the existing retaining wall on the adjacent property.
Mr. Larsen concluded staff recommends final rezoning and final plat
approval subject to:
• Developers agreement
• Watershed district permit
• Subdivision dedication
• Vacation of Pukwana right of way
• Additional landscaping material along the east property line and
northwest former of the site.
The proponent, Mr. Mark Jones was present to respond to questions.
Commissioner Workinger asked Mr. Larsen if the City has any control over
landscaping. Mr. Larsen responded in the affirmative pointing out the City
requires a landscaping plan/bond as part of the approval process. Mr. Larsen
noted at this time it is not known if the proponent has been successful in his
negotiations with the railroad to acquire additional land via an easement.
Presently staff is unsure of where additional landscaping would be planted until
that negotiation process is completed and finalized. Continuing, Mr. Larsen
added in his conversations with Mr. Jones Mr. Jones indicated that negotiations
with the railroad should be complete by the time the Council hears the final
request. Concluding, Mr. Larsen reiterated additional landscaping is part of the
approval process.
Commissioner Workinger asked Mr. Larsen if he believes the negotiations
between Mr. Jones and the railroad would be finalized by the time the City
Council hears this. Mr. Larsen reiterated he believes an agreement would be
finalized by the next Council meeting but if documentation isn't in-hand at that
time the hearing could be continued until the agreement is finalized.
Chairman Byron asked Mr. Jones if site work is planned for this fall or is it
planned as a Spring project. Mr. Jones responded it would depend on how
quickly the final approval process takes. He added if an agreement is secured
quickly with the railroad It is possible ground breaking would occur this fall. If
approval doesn't happen by the deadline for the meeting with the Council on the
19th a Spring start is planned. Mr. Jones stated the railroad indicated they are
willing to grant an easement but at this time are unsure on the size of the
easement. Mr. Jones concluded he believes the railroad would give him at least
10 feet but a quote on the cost to obtain that easement hasn't been discussed.
Mr. Jones told the Commission he is agrees to provide additional
landscaping as directed by Commission or city staff. Continuing, Mr. Jones
explained the property directly west of the subject site is overgrown and needs to
be cleared of buckthorn while retaining as many larges trees as possible. Mr.
Jones told the Commission in walking the property west of the existing house
and up to the railroad tracks he observed that people have used this area for
dumping. He told the Commission he found old car tires, lumber and a desk,
west of the subject house, and those items need to be removed. Concluding, Mr.
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Jones said after the easement is secured with the railroad additional landscaping
would be planted, and at this time it is believed the majority of landscaping will
occur along West 49th Street and the northwest corner of the site.
Commissioner Swenson asked Mr. Larsen if she understands correctly
that planning and engineering staff would like to see the proposed building
moved farther to the west. Mr. Larsen responded that is correct. He added the
proponent has indicated his willingness to move the building 10 feet to the west.
Commissioner McClelland asked Mr. Jones if he has established a unit
price. Continuing, Commissioner McClelland complemented Mr. Jones on
adding a stairway to access Vernon Avenue that stairway could be used by the
neighborhood gain easy walking access to Vernon Avenue.
Mr. Jones thanked Commissioner McClelland for her comment and
responded that the building has been "toned down a bit" by reducing the glass
with the price range remaining in the 400 thousand dollar per unit range.
Chair Byron referred to a memo from Wayne Houle, City Engineer and
asked Mr. Jones if he agrees with the recommendations from Mr. Houle. Mr.
Jones responded he has not personally reviewed the memo but in speaking with
his civil engineer he believes he has and Mr. Houles recommendations will be
met. Mr. Larsen told the Commission the memo from Wayne Houle addresses
issues that are contained in the Developer's Agreement and those
issues/recommendations are ironed out between the engineer and applicant
before a building permit is issued. Mr. Larsen referred to his recommendation
that if approved approval is conditioned on entering into a Developers
Agreement, reiterating that is an agreement between the developer and City
Engineer.
Commissioner Swenson moved to recommend final rezoning and final plat
approval to include approval for a 10 foot variance to the west and subject to
Developers Agreement, Watershed District Permit, Subdivision Dedication,
Vacation of Puklwana right of way and that additional landscaping materials be
planted along the east property line and the northwest corner of the site.
Chairman Byron asked Commissioner Swenson if her approval included
extending the watermain, sanitary sewer and a curb cut permit. Commissioner
Swenson said her approval includes those conditions. Commissioner Lonsbury
seconded the motion. All voted aye; motion carried.
LD-04-8 Kurt and Laura Nisi and
John and Jane Sutton
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6108 Fox Meadow Lane
Mr. Larsen informed the Commission the proponents are requesting to
transfer 10 feet of property from the lot on Fox Meadow to the lot on Blake Road.
Mr. Larsen concluded both lots would continue to meet all Zoning
ordinance requirements following the transfer. Staff recommends approval of the
Lot Division.
A general discussion ensued concerning the reasons for the division. It
was pointed out that the Blake Road property had an existing fence and play
structure encroaching on the Fox Meadow property. The proposed division
would cure the encroachment and setback problems.
Commissioner Lonsbury moved approval of the lot division.
Commissioner McClelland seconded the motion. All voted aye; motion carried.
III. OTHER BUSINESS:
Mr. Larsen reminded the Commission Commissioner Swenson previously
brought up an issue concerning PODs or portable storage units. Since that time
staff has contacted neighboring communities and have found they handle POD
units similar to how we do. All communities contacted by the City indicated they
haven't experienced many problems with portable storage units, but if a
complaint is registered and push comes to shove, the neighboring cities would
handle the unit either as a nuisance or permit it under the guidelines of a storage
shed depending on the circumstances. Each complaint is handled individually.
Mr. Larsen said at this time the City of Edina (in the zoning ordinance) has no
design standards for out buildings, and would handle complaints on PODS on a
case-by-case basis. Mr. Larsen asked Commissioner Swenson her feelings on
the matter.
Commissioner Swenson stated she understands handling these PODs on a
case-by-case basis but questioned what would happen if someone becomes very
upset about a situation. Asking wouldn't it be better to address this issue now
instead of later. Commissioner Swenson commented if an ordinance is added to
address PODs would "non-conforming PODs be grandfathered in.
Mr. Larsen responded the City would not want to grandfather in PODS, they
have a temporary status with the City viewing them (PODS, TUBS) as temporary
structures. If a complaint is registered the City could address them under the
nuisance ordinance or through the building code. The City could also look at
them like we do a shed if the POD appears to be used as a permanent storage
structure. Mr. Larsen explained a number of years ago the City received
numerous complaints about residents not completing building exteriors in a
timely fashion. This problem resulted in the City placing into our building code a
time frame to finish building exteriors. PODs could be handled the same way.
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Commissioner Swenson questioned what would happen if a family collects
junk and stores their junk in a POD and the POD becomes a permanent fixture.
Commissioner Larsen commented he believes that would be a very expensive
way to store items versus purchasing a shed, but if a complaint was registered.
Mr. Larsen said staff would probably handle it like a shed and make them meet
the City requirements for a shed. The POD must be located in the side or rear
yard meeting the required setbacks. Mr. Larsen said in his opinion before
changing the zoning ordinance the City should exhaust its existing rules to bring
these PODS into conformance.
Chair Byron said there is an appeal to tie this to the building process. He
said that would permit the legitimate use of PODS or TUBS. If a permit is active
the temporary structure is allowed. Commissioner Losnbury said in his opinion
the issue is our definition of an outbuilding. He pointed out used PODS can be
purchased to be used as a "shed". Mr. Larsen commented he didn't realize
PODs were sold as a structure. Commissioner Lonsbury said one can purchase
older PODs from a company in Eden Prairie. Chair Byron asked how the code
addressed outbuildings. Mr. Larsen said the zoning code establishes setbacks
for outbuildings and lot coverage restraints for outbuildings. The purpose in
placing a maximum out building percentage is to prevent residents from
constructing detached garages larger than their house. Mr. Larsen said City
code stipulates that all outbuildings cannot exceed 1000 square feet and must
also comply with the total allowed lot coverage of 25%. Concluding, Mr. Larsen
said he is hesitant in using the zoning code to police these structures.
Commissioner Workinger said he agrees if PODS are put in the zoning
ordinance they are given legitimacy. Commissioner Workinger suggested using
the sign ordinance to police the PODs. The sign ordinance does not permit
advertisement in the residential zoning district and if the POD is used as a shed
the word POD or TUB, must be removed and the structure would be required to
meet accessory structure standards Mr. Larsen agreed that the problem with
PODS must be addressed without penalizing the legitimate use of TUBS or
PODS. Commissioner McClelland suggested a time limit. Mr. Larsen said
presently there is a time limit on building permits and POD storage could be tied
to that. Mr. Larsen asked the Commission to give staff more time (after the 1st of
the year) to further research this issue.
Commissioner Workinger said another issue that concerns him is the
permitted height of outbuildings. He explained a neighbor constructed an
outbuilding in his rear yard that is very tastefully done, blends in very well with his
house but is extremely high while meeting code. Commissioner Workinger
asked if staff could please look at the allowed height of accessory structures.
Mr. Larsen responded staff would be happy to review accessory structure
height and he believes that whether we like it or not there will always be cases
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that don't work and in his opinion it all seems to boil down to massing .
Commissioner Workinger agreed and said at least in his opinion revising the
code and creating tighter limits the variance process could be used used. He
said variances afford the City some control.
Mr. Larsen told the Commission staff will review both accessory structure
height and temporary structures (PODS) and this can be re-visited after the 1St of
the year.
IV. ADJOURNMENT:
The meeting adjourned at 8:00 PM
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