Thank you. >> Good evening everyone. I'd like to call the Eden Prairie Planning Commission meeting of August 24th to order. Please stand and follow me in the pledge of allegiance, please. >> To the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. >> All right, we have an agenda before us. Commissioners, I would ask if there is a motion to approve the agenda for tonight. >> I move to approve the agenda. >> Second. >> We have a motion and a second to approve the agenda. All those uh approval say I. >> I. I. opposed. >> All right, we have an agenda. Thank you. Minutes from our last meeting from June 22nd. I would ask if there is a motion to approve the minutes or any changes from the the minutes from that evening's meeting. >> Motion to approve the minutes. Second. >> We have a motion and a second. All those all those in favor of the minutes from the meeting, please signify by saying I. >> I. >> Opposed. >> All right. We have uh minutes from the June 22nd meeting approved. We have a public hearing before us this evening. Uh a variance at 6633 Harland Drive in Neen Prairie. A variance allowing the expansion of an existing deck. The applicant is requesting a variance to construct a 10 by 12 foot deck addition and associated stairs into the required front yard setback off of Edenale Boulevard at 6633 Harland Drive. The existing deck is allowed by a 1999 variance which approves a six-foot encroachment into the required 30-foot front yard setback. The expanded portion of the deck will increase the encro encroachment to 8 feet and deck will be as close as 22 feet to the front yard property line. The lot has frontage on both Harland Drive and Eden Bale Boulevard. All right. Does the applicant want to come forward with their presentation for the application, please? >> Although you just stole my beginning thunder, [laughter] right? You said everything I was gonna say. So, how's how do I start it? Press screen. There you go. Oh, okay. So, as she said, I want to I am requesting a variance to add an extension to an existing deck and stairways down to the backyard. I want to do this for safety purposes. Um, it's a min the house is a Minnesota split level. Um, and the only way to get from the second story out of the building is to go down to the main entrance and there's a um front door right next to a garage door that you would exit the building. If that's in any way compromised, there's no other way if you're up on the second floor to get out of the building. I mean, you can go out on the existing deck, but it doesn't have any stairs. So I am asking that I be able to have some stairs. So with that in mind, I um approached the project. Okay, we'll put the existing or the stairs on the existing deck. So you need to get a little bit of history or view of the property to see why that isn't practical. Um okay. Well, I'm not going to read that whole thing because that's too much to read. So, we're just going to go on and look at the property itself. Um, the house is the red dot. Harland is on the left side as you look at it and Edenil is on the right side. There's a walkway right past the um fence line or the property line. Um, and so that's just the visual view. the the back of the the next house behind me is where that brown line is. Um, so that's kind of the overview of it. And then this is the existing deck that is there now. It's about 12 ft off the ground, 14 if you add the rail. So there's no way I'm jumping off of that. Um, so I tried to think about how I could add some stairs to this existing property the way it is. But then if you look at the survey map and I don't know how to can we get closer to it or can you see it? >> We can see it closer cuz >> I can't read any of that. But um this shows you that the existing house was positioned on the property 30t from what I call the front Harland Drive and 30 ft from Eden Veil Drive. So there's really that is the um extension you've allowed for any kind of structure in my understanding. So you have to have a variance in order to do anything um attached to the building. Plus, um, on the narrow part of the property, there's a utility easement for, um, sewer and water, uh, and drainage. So, I can't do anything with that third of the property, which is fine. It's like a park. I'm good with that. Um, but I still would like to get these stairs put on the the deck. So, what did I do? Well, um, the contractor and I looked at it and measured trying to figure out a way to do this exacting existing deck with stairs. And that's kind of on the the souththeast side, the south side, and the southwest side. Um, and so this is what it would look like. This is the souththeast side. If if you see there's a a fence there, that fence has a a gate. If we put a stairway there, there would be a post right in front of the gate. So, the gate would hit the post. So, there's there's really no way you could do it that way, especially because there's a water spot on the other side that gives water to the whole backyard by hose. So, and it would put that stairway within 7 ft of the fence to the neighbor that connect has connection to this yard. It's the only neighbor that looks at the yard or sees the yard because the front there's no neighbor. The southwest there's no neighbor and on Edenville there's no neighbor. So, they're the only ones impacted and they would be impacted if the stair was put there. Plus, the stair comes out to where you see those posts, which would make it um an additional I think it's 6 feet or 8 ft further towards Eden Veil, which doesn't make any sense to me if if I'm having trouble with a 22 foot um space. So, that one wasn't going to work. So, then we tried doing it on the opposite side of the deck. Well, the patio door is there. Plus, there's a hot tub there. And bringing it out and putting it down on this side impacts getting in and out of that patio door if you're carrying anything. And getting to the hot tub to clean it or to get in it. Plus, it comes out six feet from the existing um p existing deck, which again is even worse as far as that um needed space to the property line. So then, okay, what about if we came across the front? Well, if he did that, then we're into the um grass another four feet, which again is closer than the extended patio or extended deck would be. So, none of that. Plus, it would interfere with the hot tub getting in and out and cleaning it. Um, so none of those stair options were really practical for this piece of property. And it's all determined by the property because like I said, the house is already at that 30 foot limit. So, anything I do is going to come out closer to the the street. Um, and because of that easement, uh, it's also an issue. Again, I can't blow this up, but um this is what the um picture would look like if we extended the deck and put the stairs there. Um it stays on the footprint of the patio that's there. It doesn't go beyond that. And the one front corner is the one that's 22 feet to the property line, which is an additional um I think two feet closer than the existing deck. Um and then the stairs would come down and they would kind of hug the side of the the rest of the house and there's a a little removable shed there. Um, so this was really the only option I could come up with to get those stairs there. Um, with and then this is the view if you're um, looking at how it would affect your neighborhood. This is the start of the walkway towards the backyard. You can't see any of the existing deck. This is walking along the across the backyard. And if you look up, you can see just the top of the rail, but that's about it. Um, and then this is at the end of the walkway. So, putting the deck there isn't going to cause any kind of visual um disturbance for anybody. I don't believe um the people on the my one neighbor, they can see the existing deck and they won't be able to see any more of it. Plus, the stairs won't be visible to them either because they'll be on the kind of on the other side of that existing deck. Um, [clears throat] you can't see anything from the front of the house. Well, what I call the front of the house because it's all behind the house and you can't see anything. Even if you're driving past, you really have to turn and look, which if you're driving, you shouldn't be doing that anyway. So, um, I don't think it it affects the neighborhood. um style or view in any way. Um I've talked to several neighbors and they're fine with it. They don't have an issue. Um I if it wasn't for the way the property is, I think maybe there would be other options, but I don't see any other option with um the restrictions of the the property lines. Does anybody have any questions? Commissioners, do you have any questions for for Miss Ray? >> No. >> Good explanation. >> No, thank you for all your work. You've done a lot of work on this. Thank you. >> Thank you. Well, I care about it and I care about your rules. I'm trying to work with you, but I I tried and I couldn't come up with anything. You did a great job. like >> Jeremy, I will turn it over to you if you have any staff additions before we open the public hearing. >> Yeah, I can just kind of summarize a little bit. Um, I do appreciate the applicant really going the extra mile to try to look for other options. Too often we get u people asking for variance just because it's more convenient. That's certainly not the case here. Um, so I have a couple pictures I can kind of illustrate. These were both in your staff report. Um, as as you may or may not know, the the state establishes the criteria for variances. Um, and the state the city must find. Um, there's basically four different criteria that the city has to find when granting a variance that the improvement or the variance is in harmony with the purpose and intent of the ordinance. uh it's consistent with the comprehensive plan and there's a practical difficulty um associated with the application and the practical difficulties kind of broken down into three different kind of questions. Is it a reasonable use? Uh is that the uh is the property unique in the granting of the variance won't apply to every other property in the city? And then also um will it alter the essential character of the neighborhood? and and we kind of work these questions into our application. Uh and then the applicant spoke to them in her narrative in a little bit tonight. In our review of the uh of the variance application, uh we find that there are justification for granting the variance. um the the improvement while it does encroach into the required front yard setback off of Envail um doesn't detract from the intent of the open space goals of a setback. Uh it's a relatively modest improvement, it's not a lot of mass. And while we recognize you could put a threeseason room on there, again, not a lot of visual impact to the neighborhood or against the goals of the ordinance. Um the question is the is the improvement consistent with the comprehensive plan? Property used residentially. A deck is a a typical or a common addition into a residential neighborhood. So consistent with the comprehensive plan. Frankly, the comprehensive plan doesn't get into that level of detail in terms of open space regulations in a yard byard situation. The the the question about practical difficulty, that's usually the the strongest kind of argument for or against an ordinance or a variance. In this situation, uh the applicant um the the deck that they're asking for is reasonable in the sense that there was other options considered and discarded because of the the a variety of reasons that were highlighted by the applicant. Impacts to safety, you know, egress from the existing structure, impacts to um access to the rear yard on the gate on the other side. Um, the deck is reasonable. It's not a huge deck. It's it's a modestized deck. Even the addition, it's a is a modest size improvement for this property. So, Steph sees the reasonable use being satisfied. Um, in terms of not altering the essential character, the applicant spoke to that a bit. Uh, the deck and you get the luxury of seeing the deck partially constructed. Um, the applicant often, um, you know, ideally will get a permit before an application. um before construction started work. In this instance, the applicant didn't u but recognized that they needed one, so they stopped work immediately. And and frankly, that's that we appreciate that. Ideally, everyone would get the building permit first, but sometimes that just doesn't happen. Um but they stopped work, went through the process to to get the proper approvals. Um so you get the luxury of seeing the impact of that deck on the character of the neighborhood. And and I'd argue kind of going out there, you can't really see that improvement as you're driving through the neighborhood or or coming on either direction, it's not an obtrusive impact. Um so you don't really notice it as being out of the ordinary. So certainly not altering the central character uh in terms of the uniqueness of the property and often that's our strongest argument for or against a variance. um because if it's a pretty common situation that can apply to other properties, maybe the variance isn't appropriate here. In this situation, pretty unique parcel. You don't see a lot of three-sided lots and you certainly don't see a lot of three-sided lots with two of them being public roads. And then further, you don't usually see a large drainage and utility ement is shown on the screens here, which is about a third of the parcel. So lot of detracts detractions from the ability to build on this property without impacting easements or setbacks or anything like that. And and as demonstrated earlier, the applicant really sought the the minimal amount of improvement necessary to meet their needs without impacting the uh the goals of the city and the goals of the ordinance. So with those reasons, staff is supporting the variance as drafted and we've written an order to that effect. Um, and I'd be happy to answer any questions. Um, and the applicant obviously is here as well. >> Thank you, Jeremy. Are there any questions for Jeremy? >> Madam Chair, >> go ahead. >> Just a real quick historical question. I note that the house was built with the sliding glass patio door already facing the deck and they got a permit for the deck construction after the house was built. And so, um, may I assume that the patio door was built originally with the house? And if so, do we check for design construction plans for homes that have a sliding patio door entering out into a future deck area that would never comply with the setback on the property? >> Yes and no. Uh while we don't individually check house plans for each individual lot that we create, we do anticipate the need for decks and the need for egress and the need for egress windows for example. So we do anticipate those when identifying the building site. It's really not so much an issue normally, but when we're talking sometimes with narrow lots, when we talk about waivers for narrow lots or reduced sideyard setback waiverss, those are the type of things that we look into and look at. Um, but we don't uh approve house plans for each individual lots um that would catch that type of detail that you're asking for, but we do anticipate that as a question coming forward. >> Yeah, I can see that. Yeah. Okay. Thanks. That's all. >> Thank you, Commissioner. Anyone else? All right, we will open the public hearing. If anyone is wishing to speak, please come forward and state your name and address for the record. Public hearing is now open. [clears throat] >> Ronald Whitman, Whiti T-min 6617 Harland Drive, Eden Prairie. Um, I'm going to first address Mr. Far's question. The homes in our neighborhood were built by hip construction and he was notorious for cutting as many corners as he could. And that is evident in just about every house in that block, including mine. >> [clears throat] >> Um, in 1999, I stood before a similar panel and recommended that uh variance be granted to the previous owner so that they could build a deck to complete the sliding door that was already there. Um, and um, we have no problems with it. We live two houses down from u Sue and we can see her when she comes out on her deck to enjoy it. We enjoy our deck. Um, I had never thought before of having a second uh a second um egress out of the house as a safety issue. Um, but I can understand her concern because both her access to the garage and her main door are right across from each other in kind of a little al cove, almost like a little tunnel. At any rate, my wife and I have no objections to having this variance and new construction, enlarging her deck and adding the stairs. >> Thank you. [clears throat] >> All right, seeing no others in the audience, I would uh welcome a motion to close the public hearing. >> Motion second. >> We have a motion and a second to close the public hearing. All those in favor say I. >> I. Uh those opposed say nay. All right, we have a closed public hearing. Any commissioners have any comments, questions, thoughts regarding this application. >> I got a comment. I >> Go ahead, Commissioner Taylor. >> I just say I wish uh some of our project managers would put this much rigor into their projects um as you did, Miss Ray, and you did a nice job explaining that. Um, in addition to the safety factor of the second egress, I think that's one of the biggest factors also is being able to have that second egress to get out in case of emergency. So, I think I think it's a good good project to move forward with. I >> I concur with that. I think uh this is an obvious reason why we have the variance process because there are circumstances that require it and the the homework that the homeowner did and the logic behind it all make great sense. So I I very much support it. >> Other commissioners otherwise I'd look for a motion. >> I too concur with the commissioner's comments. seems very well laid out and uh Jeremy did a great job of laying out the findings that are important for variance review and I think those findings are solid [clears throat] that a motion >> it can be um let me articulate that properly if I find it I got it madame chair move to recommend approval for a variance as recommended by the staff and represented in the August 24th, 2026 staff report. >> Second. >> All right, we have a motion and a second to approve the variance in front of us. All those in favor say I. >> Opposed. All right, that is approved. Thank you for your work on this. As as everyone mentioned, there's a lot of work that you put into this and it very very much was um appreciated. So, thank you. All right, moving on in our agenda for this evening, we have planners report. Jeremy, do you have anything for us? >> Nothing tonight. >> Thank you, Jeremy. How about members? Any commissioners have anything for the good of the order? >> All right, moving on to an adjournment. Do I have a motion to close the meeting? >> Motion to close the meeting? >> Second. >> We have a motion and a second to adjourn the meeting. All those in favor say I. >> I. >> Opposed. Meeting adjourned. Thank you, everyone.