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HomeMy WebLinkAbout2018-09-26 Planning Commission PacketAgenda Plan n ing Com m ission City Of Edina, Minnesota City Hall, Council Chambers Wednesday, September 26, 2018 7:00 PM I.Call To Order II.Roll Call III.Approval Of Meeting Agenda IV.Approval Of Meeting Minutes A.Minutes: Planning Commission, September 12, 2018 V.Public Hearings A.Variance request B-18-25, 6205 Spruce Road, front yard setback variance for a new home. VI.Community Comment During "Community Comment," the Board/Commission will invite residents to share relevant issues or concerns. Individuals must limit their comments to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Board/Commission Members to respond to their comments tonight. Instead, the Board/Commission might refer the matter to sta% for consideration at a future meeting. VII.Reports/Recommendations A.Solar Energy Systems Ordinance Amendments B.2019 Planning Commission Work Plan VIII.Correspondence And Petitions IX.Chair And Member Comments X.Sta4 Comments XI.Adjournment The City of Edina wants all res idents to be c om fortable being part of the public proc ess . If you need as sistance in the way of hearing ampli6c ation, an interpreter, large-print documents or s om ething els e, pleas e c all 952-927-8861 72 hours in advanc e of the m eeting. Date: S eptember 26, 2018 Agenda Item #: I V.A. To:P lanning C ommission Item Type: Minutes F rom:Liz O ls on, Administrative S upport S pecialist Item Activity: Subject:Minutes : P lanning C ommis s ion, S eptember 12, 2018 Ac tion C ITY O F E D IN A 4801 West 50th Street Edina, MN 55424 www.edinamn.gov A C TI O N R EQ U ES TED: P lease approve the S eptember 12, 2018, P lanning Commission M eeting M inutes. I N TR O D U C TI O N: AT TAC HME N T S: Description Minutes : Planning Commis s ion, September 12, 2018 Draft Minutes☒ Approved Minutes☐ Approved Date: Click here to enter a date. Page 1 of 5 Minutes City Of Edina, Minnesota Planning Commission Edina City Hall Council Chambers September 12, 2018 I. Call To Order Chair Olsen called the meeting to order at 7:03 PM II. 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 III. 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. IV. Approval Of Meeting Minutes Commissioner Hamilton moved to approve the August 29, 2018, meeting minutes. Commissioner Strauss seconded the motion. The motion carried. V. Public Hearings Staff Presentation A. 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 Draft Minutes☒ Approved Minutes☐ Approved Date: Click here to enter a date. Page 2 of 5 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. Draft Minutes☒ Approved Minutes☐ Approved Date: Click here to enter a date. Page 3 of 5 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 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 Draft Minutes☒ Approved Minutes☐ Approved Date: Click here to enter a date. Page 4 of 5 None. Commissioner Strauss moved to close the Community Comment. Commissioner Miranda seconded the motion. The motion carried. VII. 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 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. IX. 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. Draft Minutes☒ Approved Minutes☐ Approved Date: Click here to enter a date. Page 5 of 5  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. X. Staff Comments None. XI. 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. Date: S eptember 26, 2018 Agenda Item #: V.A. To:P lanning C ommission Item Type: R eport and R ecommendation F rom:Kris Aaker Assistant P lanner Item Activity: Subject:Varianc e reques t B-18-25, 6205 S pruc e R oad, front yard s etbac k variance for a new home. Ac tion C ITY O F E D IN A 4801 West 50th Street Edina, MN 55424 www.edinamn.gov A C TI O N R EQ U ES TED: Approve the variance request as submitted. I N TR O D U C TI O N: T he applicants have submitted a variance application to rebuild a two story home with an attached three car garage at the same nonconforming front yard setback as existing on the property located at 6205 Spruce Road. No P ortion of the proposed front building wall will be extended closer to the front lot line than the existing front face of the home. T he existing home is nonconforming regarding front yard setback. T he new home is required to match the only other home on the same side of the block that fronts S pruce R oad. T he adjacent home is located deep within their lot providing a front yard setback of 169.7 feet from Spruce Road R O W. AT TAC HME N T S: Description Staff Report with attachments Date: S eptember 26, 2018 Agenda Item #: VI I.A. To:P lanning C ommission Item Type: R eport and R ecommendation F rom:Kris Aaker Assistant P lanner Item Activity: Subject:S olar Energy S ys tems O rdinanc e Amendments Disc ussion C ITY O F E D IN A 4801 West 50th Street Edina, MN 55424 www.edinamn.gov A C TI O N R EQ U ES TED: R eview and discuss proposed changes to the zoning ordinance regarding S olar E nergy S ystems. I N TR O D U C TI O N: C ity of Edina staff are applying to be a S olS mart D esignated C ommunity. C ity staff continue to complete aspects of the application. Accomplishments to date include: C reated a Solar S tatement and published our intent to become a SolSmart C ommunity C reated a permitting and inspection checklist for solar P V in E dina C reated a webpage of resources for individual solar P V in Edina T he SolSmart application requires the City to “review zoning requirements and identify restrictions that intentionally or unintentionally prohibit solar P V development.” National experts at S olS mart have completed the attached memo to satisfy this requirement. Staff is proposing to host a discussion with the P lanning Commission regarding the zoning review memo. AT TAC HME N T S: Description Staff Report with attachments Date: S eptember 26, 2018 Agenda Item #: VI I.B. To:P lanning C ommission Item Type: R eport and R ecommendation F rom:C ary Teague, C ommunity Development Director Item Activity: Subject:2019 P lanning C ommis s ion Work P lan Ac tion C ITY O F E D IN A 4801 West 50th Street Edina, MN 55424 www.edinamn.gov A C TI O N R EQ U ES TED: Approve the 2019 P lanning C ommission Work P lan I N TR O D U C TI O N: T he P lanning Commission is asked to discuss, edit if necessary and approve the 2019 Work P lan. AT TAC HME N T S: Description 2019 Work Plan Board/Commission: Planning Commission 2019 Annual Work Plan Proposal Initiative Council Charge (Proposed Charge Completed by CM) ☐ 1 (Study & Report) ☐ 2 (Review & Comment) ☒ 3 (Review & Recommend) ☐ 4 (Review & Decide) Target Completion Date Budget Required (Staff Liaison) Staff Support Required (Staff Liaison) ☐ New Initiative ☐ Continued Initiative ☒ Ongoing Responsibility 2019 ☒ Funds available Funds are available for this project. ☐ Funds not available There are not funds available for this project (explain impact of Council approving initiative in liaison comments). ☒ Staff Liaison: ☒ CTS (including Video) ☐ Other Staff: Hrs The Planning Commission is responsible to review all Land Use applications submitted to the City of Edina. Land Use applications include: Variances; Site Plan Review; Sketch Plan Review; Conditional Use Permits; Subdivision; Lot Line Adjustments; Rezoning; and Comprehensive Plan Amendments. To accomplish this responsibility the Planning Commission meets twice per month, on the second and fourth Wednesday of the month. The Planning Commission typically reviews 3-4 of the above requests each agenda. Liaison Comments: Planning Staff spends the majority (over 80%) of its time in support of land use applications brought before the planning commission and city council. This includes meeting with applicants, preparing staff reports, answering questions from the public, preparing for and attending meetings, and project follow up to ensure compliance. 2019 is expected to be another busy year with Land Use Applications. City Manager Comments: Click here to enter text. Progress Report: Click here to enter text. Initiative Council Charge (Proposed Charge Completed by CM) ☐ 1 (Study & Report) ☐ 2 (Review & Comment) ☒ 3 (Review & Recommend) ☐ 4 (Review & Decide) Target Completion Date Budget Required (Staff Liaison) Staff Support Required (Staff Liaison) ☐ New Initiative ☐ Continued Initiative ☒ Ongoing Responsibility Sent to Met Council by June 30, 2019 ☒ Funds available Funds are available for this project. ☐ Funds not available There are not funds available for this project (explain impact of Council approving initiative in liaison comments). ☒ Staff Liaison: Hrs____ ☒ CTS (including Video) ☐ Other Staff: Hrs Comprehensive Plan Update. Update required every 10 years by the Metropolitan Council. Follow up regarding questions/comments from adjacent cities. Submit to the Met Council for review and follow up required as necessary. Liaison Comments: Small Area Plans are anticipated to be finished in 2018. Public Hearings are anticipated on the whole plan early in 2019. There likely will be follow-up work required based on adjacent city review and Met Council Review. Staff coordinates with Boards and Commissions, adjacent cities, the City Council and the Met Council. City Manager Comments: Click here to enter text. Progress Report: Click here to enter text. Initiative Council Charge (Proposed Charge Completed by CM) ☐☐☐☐ 1 (Study & Report) ☐☐☐☐ 2 (Review & Comment) ☒☒☒☒ 3 (Review & Recommend) ☐☐☐☐ 4 (Review & Decide) Target Completion Date Budget Required (Staff Liaison) Staff Support Required (Staff Liaison) ☒ New Initiative ☐ Continued Initiative ☒ Ongoing Responsibility December 30, 2019 ☒ Funds available Funds are available for this project. ☐ Funds not available There are not funds available for this project (explain impact of Council approving initiative in liaison comments). ☒ Staff Liaison: Hrs____ ☒ CTS (including Video) ☐ Other Staff: Hrs_____ Zoning Ordinance Amendments. Any recommendations that come out of the 2018 Comprehensive Plan Update. Establishing an impervious surface regulation. (Grading & drainage) Basement requirement for single family home. (Code currently requires a basement) One-foot rule (Exception for lots that are required to raise their first floor elevation due to water table issues?) Two car garage requirement (should we continue to require a 2-car garage?) Consideration to allow single family homes in an R-2 District, and or secondary dwelling unit in an R-1 District. Liaison Comments: The above provides a list of anticipated Ordinances to be considered. There will be more based on recommendations in the 2018 Comprehensive Plan. Staff provides background and drafts the amendments. City Manager Comments: Click here to enter text. Progress Report: Click here to enter text. Initiative Council Charge (Proposed Charge Completed by CM) ☐☐☐☐ 1 (Study & Report) ☐☐☐☐ 2 (Review & Comment) ☒☒☒☒ 3 (Review & Recommend) ☐☐☐☐ 4 (Review & Decide) Target Completion Date Budget Required (Staff Liaison) Staff Support Required (Staff Liaison) ☒ New Initiative ☐ Continued Initiative ☒ Ongoing Responsibility December 30, 2019 ☒ Funds available Funds are available for this project. ☐ Funds not available There are not funds available for this project (explain impact of Council approving initiative in liaison comments). ☒ Staff Liaison: Hrs____ ☐ CTS (including Video) ☐ Other Staff: Hrs_____ Discuss with the ETC the possibility of the ETC provide the Planning Commission input on transportation-related issues, including traffic study results associated with development/redevelopment. Liaison Comments: Staff has concern about how this might impact the 60-day rule, which limits the amount of time cities can spend reviewing land use requests. City Manager Comments: Click here to enter text. Progress Report: Click here to enter text. Initiative Council Charge (Proposed Charge Completed by CM) ☐☐☐☐ 1 (Study & Report) ☐☐☐☐ 2 (Review & Comment) ☐☐☐☐ 3 (Review & Recommend) ☐☐☐☐ 4 (Review & Decide) Target Completion Date Budget Required (Staff Liaison) Staff Support Required (Staff Liaison) Initiative Type: ☒ New Initiative ☐ Continued Initiative ☐ Ongoing Responsibility ☐ Funds available Funds are available for this project. ☒ Staff Liaison: Hrs____ ☒ CTS (including Video) ☐ Other Staff: Hrs_____ Area Study for the Cahill Area Industrial Park. ☒ Funds not available There are not funds available for this project (explain impact of Council approving initiative in liaison comments). Lead Commissioners: Liaison Comments: This is a recommendation from the 70th and Cahill Small Area Plan. The boundaries of the study area would be expanded. City Manager Comments: Progress Report: Proposed Month for Joint Work Session (one time per year, up to 60 minutes): ☐ Mar ☐ April ☐ May ☐ June ☐ July ☐ Aug ☒ Sept ☐ Oct ☐ Nov