[music] [music] It meets twice a month. Oh, thank you.I'll start again. We got the microphone back on. Good evening and welcome to theAugust 20th meeting of the Minnitankka Planning Commission. The commissiongenerally meets twice a month, always on a Thursday. The schedule and tenativemeeting agendas can be obtained by calling the planning division or bychecking the city website at minnotonkamn.gov.The commission holds public hearings on the land use applications for all landuse applications. The city notifies property owners within at least 400 ftof the site and posts plans and information on mitankammn.gov.For some applications, the city also places signs in the properties andplaces a notice on the sun sailor. From a specific process standpoint, thecommission makes recommendations to the city council on reszoning, subdivisions,conditional use permits, and addendums to the city's comprehensive guide plan,zoning ordinances, and subdivision regulations. We also make finaldecisions on site plans, signage requests, variance requests, expansionpermits, unless these are part of an application that must be heard by thecity council. In that case, the commission makes recommendations and thecouncil makes the final decision. Anyone agreved by the final planningcommission decision may appeal the decision to the city council. If youwish to appeal, you must submit a written request to the city staff within10 days of this meeting. From a broader standpoint, the city's comprehensiveguide plan, zoning ordinances, and subdivision regulations are the city'sbest efforts to codify a balance between individual rights and communityresponsibilities. Individual rights are easy tounderstand. Community responsibilities are more subtle, but the idea is this,that we, the members of the community, agree to limit our individual rights forthe common good of the group. The planning division, the planningcommission, the city council are charged with managing this sometimes difficultbalancing act. We ask that you keep this broader perspective in mind as we reviewtonight's applications. Again, welcome. Staff, please call roll call.Sheer >> here.>> Shoemaker >> here.>> Abdi >> here.>> Banks >> here.>> Brink >> here.>> Johnson >> here.>> Chairman Minion >> here. Thank you.All right. Uh, next in the agenda is the approval of approval of the agendastaff. Are there any changes? >> Uh, yes. Chairman, you know, we do haveone change this evening. We received a uh comment for item 8A after your uhreports went out. It is a comment in favor of the proposal.>> Thank you. Um may I have a motion to approve this agenda?>> I'll make the motion we approve with the changes.>> Mr. Banks first. Second. >> Second.[laughter] >> She um uh all those in favor say I.>> I. >> I. I. Any nays? No. Motion carries. Allright. Approval of the minutes. Um the next there are the approval of theminutes from our meeting from uh August 6th. Commissioners, are there anychanges? All right. May I have a motion toapprove? Uh Johnson, >> I'll make a motion to approve theminutes. >> Thank you. May I have a second? >> Second.>> Mr. Brink. Mr. Brink. Thank you. Uh, all those in favor say I. I.>> I. >> Any nays?>> No nays. Motion carries. All right, staff. Is there a report from staff forthis evening? >> Uh, chair, uh, we had just one meetingfrom between your last meeting uh, and this meeting, the council met. The onlyitem on that agenda related to planning was actually the appointment ofCommissioner Abdi. So, we're very uh thankful to have you to have a a fullcommission again and um welcome. >> Yes. Welcome. Thank you. All right.Report from commissioners. Does anybody have any uh Johnson?>> Um just want to report that the um school Oakn is now I think thedemolition is almost complete. Um I live in that neighborhood. They did save thename plate Oakn that was taken off. Um they are doing what I think is a verygood job of demolition because with the dust they have these big hoses going andso we were right behind there hiking the neighborhood and I couldn't see any dustfrom it and they were really crunching it. So it should be they were on theolder part of the building by the time we left. So that should be going andhopefully English Rose will be starting to construct this fall.>> Nice. Anyone else? Mr. Shear. >> Um, as part of the liaison to theaccessibility commission, I've been attending quite a few events forvolunteering um to see what's going on around the cities. I just attended theHenipin swap for um school supplies. It was pretty well attended, so it was agreat way to drop off things you don't need. There's another one coming up thatmay be of interest. There's a holiday decor one coming up September 26th. So,anything you want to get rid of, you want to replenish, they're free. Um,it's an Eden Prairie Community Center. So, just there's stuff out there for youto do to help recycle. So, thank you. >> Fun. Thank you. Anyone else?All right. Uh, there's no consent agenda items tonight, so we will be going on tonon-consent agenda items. Uh, before we begin the consideration of a non-consentagenda item, I'd like to review the steps of the process and the publichearing procedure that will follow each proposal. first item of the announcedand the staff will be reporting the subject. The commissioner will then askquestions. Next, the applicant will be invited to make up presentation or offercomments. Commissioners may ask additional questions at this time. Afterthe applicant has fish finished, the public hearing will be open and giveopen to give anyone present the opportunity to comment on the proposal.If you wish to speak, please come to the podium, state your name and address forthe record. We ask that you keep your comments brief and try not to repeatpoints that have already been made. Once everyone has spoken, we may allowspeakers to return for additional comments at larger meetings.Neighborhood spokespeople are encouraged will be given up to 15 minutes topresent. The first item on tonight's agenda is item 8A.Um at this time, um uh staff, would you like to make apresentation? Absolutely. Thank you, chair and commission. So, our first itemhere, we're the staff is recommending approval of a um recommend the citycouncil adopt a resolution approving a conditional use permit for an accessoryuh dwelling unit at 1617 Liner Road. Uh four votes are needed for this item.So looking at location, uh this is located in the northwest corner of thecity. Uh if you look over on your screen here, it is um just north of here be394. So you're just south of that area off of Liner Road.Here's a look at the existing site. It's about 30,000 square ft in area. I thinkwe're getting a lot of feedback. You might want to talk to it back there. Uhhere we'll pause for just one moment. >> It's a little distracting, I know. Andperhaps if you're not speaking, if you could turn off your microphones, thatmight help. >> Here, I switched microphones, too. Oh,this one. No, it's not. >> Here, let's see. Oh, that sounds muchbetter. Uh, so here we're looking at this site. It's about 30,000 ft in area.Uh, if you're looking here, the improvements are an existing two-storyhome. Uh, and then also they have a detached garage. So, you can see overhere it's single story. And here's a look at that site. It's pretty wellvegetated all around from different sides. So, here's looking to the westand then both these pictures on the right are looking to the north. Here'sthat existing detached garage. So, a lot of existing trees there both on thesubject property and on the neighboring properties.And I bring that up because here's the location. The location of the ADU isroughly in the same spot as that existing garage, a little bit farther tothe rear. And uh there's a lot of different things going on on the site.So, the applicants proposed to do a new driveway location. If we're going back,you can see they currently have this sort of loop driveway. They're lookingto cut that down to a single access. Coming back here, the garage would begone. There'd be no more uh detached garage access or garage there that allbe loading into the attached garage. Also, the applicants proposing asidewalk, a pool, an addition over here. And I mentioned all those items thatthey're proposing. I know those are in our purview tonight, but if you seethose on here, just noting what those were for. and those are all uh reviewedadministratively for approvals. But that ADU that they're proposing over hereagain is all in red. So that's what we're looking at tonight. Uh to the lefthere is just a rendering showing what that would look like from the street.Here's some more looks at that uh proposed ADU. So it would be 950 squareft in size and just a little bit over 20 ft in height.And here's some other looks at the other elevations for that structure.Uh looking at the floor plan, uh you'd enter into an entryway. There's twocovered areas that are not interior but are more outside areas that are justcovered by a roof overhang. Uh there'll be a library as you come in, livingarea, gas fireplace, dining and kitchen area, and then there's a onebedroom andone bathroom with a closet. So again, just one bedroom, one bathroom in thisADU. Here's a look at those views. So, um,there's going to be some additional plantings shown on this property. I'llshow those in just a little bit, but they want to give an example of whatthis would look like from the neighbors. So, here's from the north view, from thesouth view. Here's that proposed pool they're looking to do. Here's also viewsfrom the east and the west. And I brought up landscaping becausethere's quite a bit of landscaping they're looking at doing. None of thisis required as part of the application, but just a note to let you know thosewhat's going on there. They're looking to plant 50 trees, 198 shrubs, and 785perennials. So, there's a pretty extensive landscaping going on theproperty that they're doing with this, but that will just enhance thatbuffering from the neighboring properties.So, as with anything, we always look at the height and size for ADUs to makesure they meet our code requirements. So, this is just a broken down smallerversion of all of our requirements we have, but sort of the bigger ones we'veseen lately. So 1,000 ft is the maximum square footage in this one would beunder that at 956 ft. Uh the percentage of the principal structure 35% is thatmaximum we have in code. This would be at 16%. So significantly under that. Andthen lastly the height of the structure would be about half the height of theexisting uh home. So under significantly under that number also.So we talked a little bit little bit about neighborhood comments. So, forthis project, the city sent out uh 34 postcards to neighbors within 400 ft ofthe property. Staff received two comments on the project. One was infavor and then one was against, but one of those was in your packet and theother one was uh given you in the change memo tonight.And after review, staff is recommending that the city council adopt theresolution approving a conditional use permit for an accessory dwelling unit at1617 Liner Road for three reasons. One, the structure is reasonably sized. Uhlooking again back to our code requirements, it meets both thoseappropriately has an appropriate height too. So it's going to still lookaccessory to that principal structure based on that height that they have. Andthen also it's compliant with all the other conditional use permit standards.So tonight uh there's um the request is for a recommendation for approval. Thisone would go to city council. So right now we're having our public hearing andthen later this would go to the August 31st city council meeting. Uh, with thatI finish my presentation. I turn it over to the chair and commission forquestions. Thank you, sir. Commissioners, any questions, Mr. Brink? Uh, thank you, Chair. Um, itit appears the ADU is pretty much just matching the footprint of the existinggarage there. So, it doesn't appear there's any trees getting removed oranything. And uh and that said, um looks like there's a pretty extensivelandscaping plan that's going to enhance things even more.>> Yep. Uh Chairman and Commissioner Brink. Uh there for this project for the ADU byitself, probably not very much for um removals. If I go even back here, itwould be to this backside where I was standing taking this picture. So notmuch for trees there where it extends beyond it. There is a proposal for apool and some other changes which might will require some tree removals, butthose are not part of our review tonight. We just be looking at this ADU,but for the ADU, not very much for trees removed.>> All right. Thank you, Commissioner Sher.>> I just have a question. Probably has nothing to do with what we do, but[laughter] just just question. Um, holding companyas a can they homestead? Can >> Okay,>> the short answer is yes. So, one of our requirements for this is that it'ssomeone lives in the building for someone for at least half over half theyear and that's something that could be met.>> All right. All right. Thank you. >> Commissioners, Commissioner BringsBanks. >> Thanks, Chair. Um, just a question. Iknow it um doesn't pertain to what we're um considering tonight, but curiousabout the >> [clears throat]>> um the changes to the driveway. Is that going to increase the impervious surfacearea or would that decrease or be about the same? Yeah. Um, chair minion andcommissioner banks. So, for this one, we didn't really look at imperous surfacebecause it wouldn't trigger something with where it is in our city. Um, I cango into length on where we do require, but this one doesn't have any. This issomething though as part of the review for the driveway and the pool that'll belooked at by our storm water specialist here at the city. So, they would reviewif there needs to be mitigation for it or things like that. Um, that'd beoutside of the ADU, but they are reviewing that with the permits they'llbe submitting for the other items. >> All right. Thank you.>> Commissioners, any other questions? No. Um, I have a couple questions foryou. Is roughly how large was the existing garage that it was torn down?>> Uh, chairman, I can say almost exactly which is 495 ft. supposed to be>> a little bit under twice the size of that.>> Okay. And how much fill we talked a little bit about in the in the uh in thelayout. Was is there a considerable amount of fill coming in or is it uh areasonable amount of fill? >> Yeah, it's pretty minor amount. It'smostly in the backside. You can see the sort of elevation drop off where theyhave to add back here, but it's not very much as you move forward. So, and we'retalking less than 5T if I remember right off of the report.>> Excellent. Excellent. Thank you. All right. Commissioners, any otherquestions? No. All right. This time we'd like to ask the applicant to come up.Um, oh yes, applicant to come up and do apresentation, offer some comments. Good evening, commissioners. Thanks forhaving us this evening. Uh, I am Brent Nelson. I'm with PKA Architecture, uh,representing the project as the project architect. Um, I'm here just to confirmthat Drew's presentation was accurate. Um, and I'm also available foradditional questions. I don't have an additional presentation beyond what Drewpresented. >> Sorry about that. Commissioners, anyquestions? >> No questions. Wow, I'm liking this.All right. Well, we'll let you sit down. We may call you back up later, but uhbut thank you for your time. >> Um All right. At this time, I'll openthe public hearing. Uh, and we'll go from there.All right. Uh, if you'd like to speak tonight, pleasecome up to the podium, state your name and address for the record. Nobody. Not seeing anybody. Staff, isthere anybody online? >> There is no one online.>> All right. Well, seeing not a big rush coming up, we'll close the publichearing. Uh, we'll bring it back to the commission for questions and comments.Commissioner Johnson, >> I am concerned that it's owned by um St.Hill Property Holding Company's LLC. That is from what I could see that titleowner as well as the taxpayer and it is a company that specializes in managingrental properties. So, I share the concerns of that one comment saying thatthis looks as though it is a prime setup for a corporate retreat center orrental. Um, that sort of thing. And so, it Homestead under state statute says itmust be owned and occupied as a primary residence. An LLC can't occupy aproperty. And so, that's my concern. Who who's even living there? Do we know?>> Excellent point. City is can you give us some feedback?>> Um, if you want a chairman, you can have the applicant come up to talk a littlebit more about that, but the narrative that the city has received uh is thatthere will be a it'll be homesteaded. It's going to be owned by an individualwith a family. They wrote that in their narrative as they submit to the city.Uh, so one of the requirements in here too is that they'd have to be livingthere for at least 185 days. So that's a requirement as part of this. it couldn'tbe rented out. And one of our requirements within the conditional usepermit is that you can't rent out two of the areas. So, in theory, you could rentout one that would be allowed by city code, but not both of them. So, if thiswas to go down that path, it'd be in violation of that. Uh, and they wouldnot be allowed to have their conditional use permit. It would be revoked by thecity if that happened at a later date. >> Am I correct in assuming that be kind ofa day two thing then? >> Sorry, could you repeat that?>> Am I correct in assuming that that'd be a day two thing? Is that is that withinour purview to discuss tonight, I guess, is what I'm getting at.>> I think it's within your purview to discuss any requirements that we havewithin the conditional use permit. So, you could look at those. Um, but asstaff has reviewed it, we don't have concerns with uh that requirement.>> Thank you, sir. Commissioners, any other questions? No, everybody's so quiet.All right. Um, well, it sounds like we're ready for amotion. Um, may I have a motion?>> Oh, go ahead. Commission do have a question. All right.>> Um, are the owners here today or is it their representative?[clears throat] >> Hi. I I'm speaking on behalf of thehomeowner. Uh just to reiterate what Drew said, this is a family. This is afamily uh primary residence that they will be living in full-time. Uh thereally overall goal of the ADU is for family use uh especially for agingparents uh somewhere that they can have uh uh an accessible uh place to age nearnear their family and grandchildren. Sorry, if I may jump in also, I thinkthat while staff understands where some of the questions are coming from, um wedon't have a standard in our conditional use permit standards about um divulgingownership. And I think there's a lot of reasons why people might own propertyunder an LLC. Um I I guess I'll just leave it at that. >> Okay. Okay, thank you.>> Commissioner H. Second. Commissioners, any other questions for the applicant?No. Thank you, sir. All right. Back to the other questionthat is, may I have a motion or sorry, is there any discussion? Go ahead. Just push your share.>> Gorgeous. [laughter] >> That's all.Any other comments?>> Any other comments, Mr. Brink? >> Um, Mr. Bank. >> Thanks, chair. Um, yeah, I'll just makethe comments. I agree. It is very nice. It is gorgeous. Um, [clears throat] andyou know, it seems to, um, you know, sort of check all the boxes for u why wewould issue a cup. um you know we do value um you know properties that are[clears throat] um considering um family and and you know especially Asian familyor um even younger family that can't you know kind of get out on their own. So umto have the the additional property for that use um I think is a great idea. Um,so yeah, I think there are there were some concerns about ownership and howthe property would be used, but you have reassured us that it would be used inthe um in the correct manner. So with that, this has my full support. Sothank you. Any other comments, Commissioner Johnson? Oh, sorry. Anyother comments, Mr. Brinks? Brink.>> Yeah. Thank you. Um, Commissioner. >> Yeah. Um, as [clears throat]Commissioner Shur shared it, it looks looks wonderful. It, you know,architecturally matches the house, looks very nice. Um,I share some of Commissioner Johnson's concern about uh the ownership, but uh,as has been expressed, the u um that doesn't violate anything in the CUPrequirements. As as Commissioner Banks mentioned, it really checks all theboxes as far as meeting the requirements of the CUP. And um um yeah, it lookslike a good project, commissioners. Any other comments?No. All right. Well, I'd have to say I agree with uh what's been said tonight.I appreciate the aesthetic. I think it's going to add to the neighborhood. Ithink they've done a good job of designing it so that uh fits well withthe current house that's there. And appreciate the way it's set back fromthe property. I think it's a well welldesigned.I also appreciate the fact that uh you're you're looking at adding 50 moretrees and it meets our our ADU standards. This is going to help usbring more uh diversity to our housing stock in the city and I think it's goingto be a plus all the way around. Uh having said that, I sense it sounds likeit's time for a motion. Commissioners may have a motion.Commissioner Sher, don't be shy. [laughter] I I'll make the motion [clears throat]um that we approve conditional use permit for the accessory dwelling unitat 1617 LER Road.>> Thank you, Commissioner Banks. May I have a second?>> I will second the motion. >> Commissioner Sheer, thank you. Allright, staff, please pull the commission.>> Sher, >> yes.>> Shoemaker, >> yes.>> Abdi, >> yes. Banks,>> yes. >> Brink,>> yes. >> Johnson,>> yes. >> Chairman Minion,>> yes. >> All right. Well, thank you. Um, this isa recommendation to the city council that will be considered on the date of>> uh August 31st. >> August 31st. Uh, congratulations.Is there any other business? It looks like we are on to item number nine. Anyother business? No. Yes, sir. Mr. Commissioner Banks.>> Thanks, Chair. Just um one quick question. I I probably missed it. Whenis our next meeting? >> I apologize. You didn't miss it becauseI didn't say it. Uh our next meeting is September the 3rd. Um we have two itemson the agenda currently. one is a consent agenda um type item and theother is um the the zoning ordinance uh preview for this group. Um with that Iwould also say that we currently have so we'll have a zoning ordinance previewwith you on September the 3rd. You are scheduled tenatively to hold your firstactual public hearings on the zoning ordinance tenatively on October 8th andthen we have a second um scheduled public hearing assuming that we're goingto have people who are interested in and providing comment um scheduled forNovember the 5th. >> Thank you.Excellent. Well, it looks like we are ready for adjournment.All those in favor say I. >> I.>> Do we have to do a motion first? >> We need a motion.>> May I have a motion for adjournment? Motion, Commissioner Johnson.>> Motion to adjurnn. >> Thank you. May I have a second?>> Second. >> Second by Commissioner Shoemaker. Allright. Uh, all those in favor say I. I. I.>> All those in against say nay. All right, great job everybody. Thankyou.