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PC-12-04-12 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, DECEMBER 4, 2012 7:00 P.M. MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:06 P.M. ROLL CALL Present: Chair Geng; Commissioners Davis, Hutchins, and Muehlberg; Council Liaison Zerby; and Planning Director Nielsen Absent: Commissioners Charbonnet and Garelick APPROVAL OF AGENDA Hutchins moved, Davis seconded, approving the agenda for December 4, 2012, as presented. Motion passed 4/0. APPROVAL OF MINUTES  November 20, 2012 Davis moved, Muehlberg seconded, approving the Planning Commission Meeting Minutes of November 20, 2012, as presented. Motion passed 3/0/1 with Hutchins abstaining due to his absence at the meeting. 1. 7:00 P.M. PUBLIC HEARING – CONDITIONAL USE PERMIT FOR ACCESSORY Applicants: Robert Finke Location: 6060 Seamans Drive Chair Geng opened the Public Hearing at 7:08 P.M., noting the procedures utilized in a Public Hearing. He explained that if this item is acted upon this evening it will be placed on a December 10, 2012, Regular City Council meeting agenda for further review and consideration. He noted Robert Finke the applicant and his wife Sandra are present this evening. Director Nielsen explained Robert Finke, 6060 Seamans Drive, is proposing to add a third stall to the existing attached garage on the property he and his wife own. The floor area of the new garage, when combined with an existing attached garage, brings the total area of accessory space on the property over 1200 square feet. That requires a conditional use permit (C.U.P.). The property is zoned R-1A, Single Family Residential and contains 40,084 square feet of area. He displayed graphics showing the location of the existing house, existing garage, pool and the proposed garage which will extend off the south side of the existing garage. He explained the existing house contains approximately 2457 square feet of floor area in the two levels above grade. The existing garage contains 887.4 square feet of floor area. The proposed garage will contain 512 square feet, which brings the total area of accessory space on the site to 1399.4 square feet. CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 4, 2012 Page 2 of 4 Nielsen reviewed how the application complies with the criteria for granting a C.U.P for accessory space over 1200 square feet. 1. The total area of accessory space (1399.4 square feet) does not exceed the total floor area above grade of the principal structure (2457square feet). 2. The total area of accessory space does not exceed 10 percent of the minimum lot area for the R- 1A zoning district (.10 x. 40,000 square feet = 4000 square feet). 3. The proposed garage complies with the setback requirements of the R-1A zoning district. Hardcover is well within the 33 percent maximum amount allowed. 4. The new garage addition will be integrated into the architecture of the existing home. As such the roof lines, materials and architectural character of the garage are consistent with the principle dwelling. Nielsen noted the applicants will build a short retaining wall around the southwest corner of the property to catch up with the grade in that area. He explained that two existing trees on the south side of the existing garage will be replaced with two ornamental trees. He noted the lot is well screened already; there are plenty of trees in existence. Nielsen stated based on the preceding analysis, Staff recommends the conditional use permit be granted as submitted. Seeing no one present wishing to comment on this case, Chair Geng opened and closed the Public Testimony portion of the Public Hearing at 7:15 P.M. Commissioner Davis asked Mr. Finke why he stepped the garage back. Mr. Finke explained to maintain the distance from the well and that it will also look a little better. Commissioner Hutchins asked if when putting in the boulder retaining wall is there is any concern around the addition of the driveway for the third garage stall. Director Nielsen stated it fits fairly well, and explained the retaining wall is to bring the side grade up so there is not a lot of foundation showing on that side. Davis moved, Hutchins seconded, recommending approval of a conditional use permit for accessory space in excess of 1200 square feet for the property located at 6060 Seamans Drive. Motion passed 4/0. Chair Geng closed the Public Hearing at 7:17 P.M. 2. REVIEW ASHLAND WOODS FINAL PLAT Applicants: Ashland Woods, LLC Location: 6045 Strawberry lane Chair Geng explained the review of the final Ashland Woods Plat is before the Planning Commission this evening in regard to a conservation easement. The applicant is Ashland Woods, LLC and the property is located at 6045 Strawberry Lane. Director Nielsen noted Corey Lepper on behalf of Ashland Woods, LLC is present this evening. He explained that in September 2012 Council approved a preliminary plat for Ashland Woods which is located on the east side of Strawberry Lane just south of the Lake Minnetonka LRT Trail. The plat for the CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 4, 2012 Page 3 of 4 property was originally approved in 2009 as Wildwood. In the Wildwood Plat and the Ashland Woods Plat the primary issue was handling of drainage. During the public hearing on the preliminary Ashland Woods Plat a number of neighboring property owners expressed concern about where stormwater would flow from the Plat. Ashland Woods has submitted the plans used by the previous developer which had been approved to address that. Nielsen explained that since the preliminary Ashland Woods Plat was approved the Minnehaha Creek Watershed District (MCWD) has adopted a rule that requires these types of developments to not only control the runoff rate (after development versus before) but also runoff volume. Runoff volume is a very significant matter. To deal with that the applicant has changed the cul-de-sac to include a landscape island rather than just being a bituminous circle as originally proposed. That should address the MCWD’s concern about volume. Because of the sensitivity of the drainage issue the Planning Commission asked to have an opportunity to review the proposed language for the development agreement submitted as part of the final Ashland Woods Plat. The drainage system proposed with the Wildwood Plat and the preliminary Ashland Woods Plat was fairly extensive. It involved a dry creek bed and ponding area. For both the Wildwood Plat and the Ashland Woods Plat there was a condition that the drainage area be monitored. The homeowners association (HOA) would be responsible for monitoring it and reporting back to the City the elevations on an annual basis. Nielsen noted the meeting packet contains a copy of language from the Wildwood Plat for a conservation easement. He explained that for Wildwood it was Article 17 in the Declaration. The easement talks about responsibilities of the HOA. He noted that ordinarily for a plat like Ashland Woods there would not be a HOA because there are no common features (e.g., an entry monument or public facility). He explained in this instance the public facility is the drainage system. It will be the HOA’s responsibility to maintain the system and correct it if need be. The City is asking that similar language be included for the landscape island in the cul-de-sac. He noted Mr. Lepper has agreed to that. Director Nielsen stated that Staff had thought the final Ashland Woods Plat would appear on the December 10, 2012, City Council regular meeting agenda. Revisions are being made to some of the language so it is likely it will be considered by Council during its January 14, 2013, meeting. Commissioner Hutchins asked if the description of the center island comes in as part of the final plat for approval. Director Nielsen explained it does not change the plat itself. It does get recorded at Hennepin County showing how the land is divided and it shows the cul-de-sac. That is not changing. The plans and specifications for the final road will include the landscape island. Hutchins then asked if there is a size requirement to accomplish what the MCWD wants. Nielsen stated there is but he has not seen the drawings for that yet. Chair Geng stated he assumes that the language in the Declaration for Ashland Woods, LLC will be virtually identical to that for Wildwood. Director Nielsen stated that is correct. Geng stated there is no mention of a HOA in the preamble. The actual conservation easement mentions the Association about a dozen times. He asked if the HOA needs to be included in the preamble. Nielsen explained the conservation easement is just one article in the Declaration. Nielsen noted the applicant will have to submit by-laws for the Association. The by-laws set up the requirements to be a member, stipulates it has to exist to do this development, what the Association’s responsibilities are and so forth. Commissioner Hutchins stated it goes back and forth between the Declarant and the Association in the conservation easement. Director Nielsen explained the Declarant is Ashland Woods, LLC. At a certain point the Association takes over for the developer and that is usually after it is 80 percent developed. Ultimately the Association is the responsible party for maintenance services. CITY OF SHOREWOOD PLANNING COMMISSION MEETING December 4, 2012 Page 4 of 4 Hutchins moved, Davis seconded, accepting the conservation easement language as presented and recommending approval of the Ashland Woods final plat as submitted. Motion passed 4/0. 3. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 4. OLD BUSINESS None. 5. DRAFT NEXT MEETING AGENDA Director Nielsen stated the next Planning Commission meeting is scheduled for January 15, 2013. During that meeting he would like to complete the review of the General Provisions in the Zoning Code with a focus on the noise ordinance. It is possible Council may have talked about zoning permits before then and if so the Commission will discuss Council’s feedback. There will be initial discussion about the Planning Commission’s 2013 work program. He explained that Council Liaison Zerby has asked that the trail process in the Trail Plan Implementation Report be updated and refined based on experiences with the Smithtown West Trail segment. There may be a minor subdivision to consider that evening. 6. REPORTS • Liaison to Council Chair Geng gave a brief report on the November 26, 2012, City Council meeting about items related to the Planning Commission. Commissioner Muehlberg asked if anyone had any comments about the Feasibility Report for the Smithtown West Trail segment. He stated he was surprised that no one spoke against it during the open house for that. Director Nielsen stated there was no public comment about it during that Council meeting. Director Nielsen noted that the responses to questions received about the Trail that were endorsed by the Planning Commission will be considered by Council during its December 10, 2012, meeting. Chair Geng stated he thought Council’s reaction to the open house was very positive. • SLUC No report was given. • Other Commissioner Hutchins asked to be signed up to attend the GTS training session being hosted by the City of Greenwood on January 12, 2013. 7. ADJOURNMENT Davis moved, Muehlberg seconded, Adjourning the Planning Commission Meeting of December 4, 2012, at 7:38 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder