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1979 07 25 e REGULAR PLANNING COMMISSION MEETING - JULY 25, 1979 Roman Roos called the meeting to order at 7:30 p.m., with the following members present: Clark Horn, Walter Thompson. Pat Swenson and Gordon Freeburg were absent. Tom Droegemue11er was present. OATH OF OFFICE: The Assistant City Attorney administered the oath of office to Tom Droegemueller as a member of the Planning Commission. MINUTES: Walter Thompson moved to note the July 2, 1979 City Council minutes. Motion seconded by Clark Horn. Motion carried. Abstain: Tom Droegemue11er. e BEACH LOT, CONDITIONAL USE PERMIT, MINNEWASHTA CREEK 2nd ADDITION, PUBLIC HEARING Roman Roos called the hearing to order at 7:45 p.m. with the following interested persons present: ~~Rn~~ttm.rr, 4030 Westgate Rd., Mtka. The Planning Commission ordered this public hearing pursuant to Ordinance 47 in order to gather neighborhood sentiment to the subject proposal. The Assistant City Manager/Planner recommended that the Planning Commission recommend that the City Council preliminarily approve a conditional use permit for the neighborhood beach lot at the subject property and direct the City Attorney's office to draft a Conditional Use Permit for final approval by the City Council. Mr. Kenneth Durr stated he owns approximately 8 acres within a few hundred feet of the proposed beach property. He wanted to know the planning commission's feeling on docks, and to what use the beach property would be put. He was concerned that if there are accesses allowed to the lake for properties that are not contiguous separated by a county roadway particularly, putting quite a heavy load on the lake, what happens in the years to come when the investors that have property that is contiguous to the lake come for access for those lots that they develop that are not immediately on the waterfront, and the community objects because a lot of accesses to the lake have been allowed for properties not contiguous. Walter Thompson moved to close the public hearing. Motion seconded by Clark Horn, and unanimously approved. Clark Horn - I guess my perception is it would not have a ramp. We would allow a rack for canoes, a sign, no beach houses, no ramps, no motor vehicle access. The real question is dock. e Walter Thompson _ This gentleman has raised a question in my mind as to how you are going to control dockage. I am not responsive to a long dock out into the lake really. Bob Ritter stated that at the time they submitted their plat, they also submitted the by-laws of the homeowners association with the City Attorney. Basically, the by-laws say if they want a dOCk, they have to go to the City Councilor DNR e REGULAR PLANNING COMMISSION MEETING - JULY 25, 1979 Page 2 or whoever, to put a dock in. We are proposing no dock, no ramp. The fence allows for a 4 ft. entrance, so nobody is going to back a car down there. If they want a beach house or anything else, they have to come back to the Council and any other boards. It is also in the covenants of the homeowners association. Clark Horn moved to recommend to City Council to draft a Conditional Use Permi t per the covenants by the Homeowner's Association, the outlot owned by the same, would be no dockage, no access, no building on the property, and the covenants could be modified by a majority, but would be subject to approval of the Planning Commission and City Council. Motion seconded by Walter Thompson, and unanimously approved. PLANNING COMMISSION APPOINTMENTS - SIGN COMMITTEE & BOARD OF ADJUSTMENTS AND APPEALS Clark Horn moved to appoint Tom Droegemueller as the Planning Commission's representative to the Board of Adjustments and Appeals. Motion seconded by Walter Thompson, and unanimously approved. Walter Thompson was chosen as"an alternate. e PRELIMINARY DEVELOPMENT PLAN REVIEW, LOTUS LAKE ESTATES 2nd ADDITION B. T. LAND COMPANY Walter Thompson moved to amend the agenda to go to Item 5 at 8:10 p.m. Motion seconded by Clark Horn and unanimously approved. B. T. Land Company is proposing to develop an approximate 100 unit single family residential planned unit development on the eastern shores of Lotus Lake, directly north of the Lotus Lake Estates First Addition. Proposals for this property had been reviewed by the Planning Commision as far back as 1974, and the one presently being reviewed is identical to the plans reviewed by the Planning Commission and City Council in the Spring and Summer of 1978, with the exception of the wetland alteration information. The Assistant City Manager/Planner recommended that the Planning Commission order a public hearing to obtain neighborhood sentiment to the subject proposal. The Assistant City Attorney asked, as a planning policy, do you have any objection to the lot size going below 11,7001 Walter Thompson _ In this situation where we've got a highly developed area I think the developer knows the economics of the situation as to whether or not he can sell a lot that size I think is his problem, and apparently he feels that he can do it. Roman Roos _ So it is your opinion that the wetland property on a piece of land be counted as classified land area. e Walter Thompson _ I would think so, not setting a precedent, but in this section that we are discussing right now. REGULAR PLANNING COMMISSION MEETING - JULY 25, 1979 Page 3 e Clark Horn - I guess I have a problem with it, but then I have a problem with all lots that arent 15,000 sq. ft. I guess I don't like the idea of setting a precedent, if we are doing that. Roman Roos - I think Craig has made it clear that we aren't doing that~ Craig Mertz - The precedent was set in the past. Clark Horn - So in effect we are just promulgating it. Craig Mertz _ The planning question I think is, is this design of such a quality that it mitigates any disadvantages inherent in lots smaller than 11,700'., Clark Horn _ I would hate to be put in a position where I had to judge the quality all the time to determine what the lot size would be. I don't think you can put it on a measure like that. I personally object to it. I feel I would not vote against it in this case since the precedent has already been set. Tom Droegemue1ler moved to hold a public hearing on August 22, 1979, at a time set by staff, to obtain neighborhood sentiment to the subject proposal. Motion seconded by Walter Thompson, and unanimously approved. e GALLARNEAU REPLAT, LOTS 6-13, BLOCK 1, COLONIAL GROVE The applicant is proposing to replat Lots 6-13 of Block 1 into Lots 1-8 of Colonial Grove Third Addition. He has indicated that the primary reason for the replat is that the present owner of lots 6 and 7 has his house constructed so that the eastern end of the residence is on Lot 6, and the lion's share of the house is located on Lot 7. The purpose is to rep1at the area so that the entire residence is contained on one legal lot, and the remainder of the land can be saleable. The Assistant City Manager/Planner recommended that the Planning Commission order a public hearing to gather neighborhood sentiment to the subject request. Walter Thompson moved to hold a public hearing on August 22, 1979, at a time set by staff. Motion seconded by Clark Horn, and unanimously approved. OPEN DISCUSSION A discussion was held regarding the sign commmttee, and who would attend the next meeting on July 31. Walter Thompson brought up the subject of the 212 Meeting, stating that the Planning Commission had 4 members present. It was a consensus that there has to be more input from Eden Prairie before we can intelligently proceed in our own area. e Clark Horn moved to adjourn the meeting. Motion seconded by Walter Thompson and unanimously. Meeting adjourned at 9:05 p.m. Don Ashworth City Manager ~\\