A. BOARDS & COMMISSION S BANQUET WEDNESDAY, MAY 13, :00 PM GARDEN ROOM OF EDEN PRAIRIE

Similar documents
A. EDEN PRAIRIE PLAZA (SALON CONCEPTS) by SCEPRE, LLC Location: 8040 Glen Lane

AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, February 13, :00 P.M.

A. Approval of the Minutes for the November 19, 2018 meeting

AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, June 11, :00 P.M.

DATE: September 16, CITY COUNCIL AGENDA SECTION: Public Hearings ITEM NO.: IX.B.

A. Approval of the Minutes for the November 13, 2017 meeting

AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, July 9, :00 P.M.

A. ASPIRE 2040 UPDATE EDEN PRAIRIE TODAY & EDEN PRAIRIE TOMORROW

MINNETONKA PLANNING COMMISSION August 18, Expansion permit to increase the height of the existing building at 5605 Green Circle Drive

MINNETONKA PLANNING COMMISSION October 1, Setback variances for a detached garage at Linde Lane

MINNETONKA PLANNING COMMISSION September 6, 2018

MINNETONKA PLANNING COMMISSION June 16, Parking lot setback variance from 20 feet to 5 feet at K-Tel Drive

Village of Glenview Plan Commission

MINNETONKA PLANNING COMMISSION October 20, Parking variance for a self-storage facility at 6031 Culligan Way

CITY OF INVER GROVE HEIGHTS 8150 Barbara Avenue Inver Grove Heights, MN (651)

A. Approval of the Minutes for the December 10, 2018 meeting

Watertown City Council

PLANNING COMMISSION Thursday, September 5, :00 p.m. Council Chambers, Administration Building 100 Ribaut Road, Beaufort, South Carolina

PLANNING COMMISSION AGENDA PACKET

CITY OF ALBERT LEA PLANNING COMMISSION ADVISORY BOARD

MINNETONKA PLANNING COMMISSION June 25, 2015

Staff Report: Date: Applicant: Property Identification: Acreage of Request: Current Zoning of Requested Area: Requested Action: Attached:

MEMORANDUM. DATE: August 31, Honorable Mayor and City Councilmembers Patrick Klaers, City Administrator. Matthew Bachler, Associate Planner

AN ORDINANCE TO AMEND SECTION OF THE RAPID CITY MUNICIPAL CODE TO ALLOW FOR ADMINISTRATIVE DISSOLUTION OF PLANNED DEVELOPMENTS

Paper copies & an electronic copy (pdf) of the following drawings or plans: 1 full size scalable certified survey and 1 (11 x 17) copy

NOTICE OF MEETING The City of Lake Elmo Planning Commission will conduct a meeting on Monday July 24, 2017 at 7:00 p.m. AGENDA

AGENDA ITEM 1. Call to Order, Roll Call and Approval of Minutes.

APPLICATION PROCEDURE

Township of Collier 2418 Hilltop Road Presto, PA 15142

ZONING & LAND USE APPLICATION

APPLICATION PACKET SINGLE FAMILY CLUSTER HOUSING OPTION REVIEW

THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN AGENDA

ZONING VARIANCES ADMINISTRATIVE

Town of Bristol Rhode Island

APPLICATION PACKET SINGLE FAMILY CLUSTER HOUSING OPTION REVIEW

A. CONSIDERATION OF THE UNAPPROVED MINUTES OF NOVEMBER 13, 2018

MINNETONKA PLANNING COMMISSION October 26, Rear yard setback variance for a deck expansion at 5732 Kipling Avenue

WASECA PLANNING COMMISSION TUESDAY, FEBRUARY 14, :00 P.M. CITY COUNCIL CHAMBERS 508 SOUTH STATE STREET

MEMORANDUM. DATE: November 9, 2016 PC Agenda Item 3.C

DRAFT FOR PUBLIC HEARING (rev. March, 2016)

City of East Orange. Department of Policy, Planning and Development LAND USE APPLICATION & SITE PLAN REVIEW CHECKLIST

Charter Township of Garfield Grand Traverse County

Plat Checklist PLAT TYPES AND DESCRIPTIONS

APPLICATION FOR MAJOR SUBDIVISION APPROVAL (PRELIMINARY PLAT)

ZONING VARIANCES - ADMINISTRATIVE

MAJOR RESIDENTIAL AND NONRESIDENTIAL SUBDIVISIONS

I. Requirements for All Applications. C D W

MAPLE GROVE PLANNING COMMISSION May 26, 2015

MINNETONKA PLANNING COMMISSION November 19, Brief Description Variances for a blade sign at State Highway 7

SECTION 16. "PUD" PLANNED UNIT DEVELOPMENT OVERLAY DISTRICT

MINNETONKA PLANNING COMMISSION January 19, Front yard setback variance to convert a three-season porch into a master bedroom at 3649 Woody Lane

SECTION 10.7 R-PUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT) ZONE

ZONING AMENDMENT, PLANNED UNIT DEVELOPMENT & SUBDIVISION STAFF REPORT Date: August 8, 2013

Meeting Minutes New Prague Planning Commission Wednesday, June 27, 2018

ZONING AMENDMENT & SUBDIVISION STAFF REPORT Date: November 3, 2016

Summary of Recommended Changes to the Town of Ballston Zoning Law and Key Items for Ongoing Discussion

MAJOR SUBDIVISION REPLAT/PDA INFORMATION

ARTICLE 15 - PLANNED UNIT DEVELOPMENT

Instructions to the Applicant

Marion County Board of County Commissioners

Level III Preliminary and Final Site Plans Development Review Application Portland, Maine Planning and Urban Development Department Planning Division

APPLICATION PROCEDURES FOR A PLAT AMENDMENT OR REVISION

Medical Marijuana Special Exception Use Information

APPLICATION PROCEDURES FOR A MAJOR SUBDIVISION PRELIMINARY PLAT

Members Ferrell, Gerblick, Ghannam, Gronachan, Ibe and Sanghvi

SECTION 4: PRELIMINARY PLAT

PLANNING COMMISSION AGENDA REGULAR MEETING OF APRIL 14, 2004, 9:00 A.M M STREET, BOARD ROOM, THIRD FLOOR, MERCED, CALIFORNIA

ZONING AMENDMENT & SUBDIVISION STAFF REPORT Date: July 9, 2015

ARTICLE III GENERAL PROCEDURES, MINOR PLANS AND FEE SCHEDULES

Planner Ken Jaworski. Approval of Minutes: A. Approval of the minutes of the Wednesday, July 8 th, 2015 Regular Plan Commission Meeting.

City Council Agenda Item #10A Meeting of January 23, Adopt the resolution approving the preliminary and final plat

M E M O R A N D U M. Meeting Date: October 23, Item No. F-1. Planning and Zoning Commission. Daniel Turner, Planner I

MONTGOMERY COUNTY PLANNING DEPARTMENT THE MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

APPLICANT NAME SUBDIVISION NAME DEVELOPMENT NAME LOCATION. CITY COUNCIL DISTRICT Council District 4 PRESENT ZONING PROPOSED ZONING

City of Ferndale CITY COUNCIL STAFF REPORT

Approved: May 9, 2018 CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, APRIL 4, :30 P.M. - ARDEN HILLS CITY HALL

VARIANCE PROCEDURE The City Council will consider the request and either grant or deny the variance.

Brainerd City Council Agenda Request

Also in attendance was Mark Anderson, Board Attorney, Jeffrey Perlman, Zoning Officer, William White, Board Engineer and Lucille Grozinski, CSR.

CHECKLIST INFORMATION NECESSARY FOR ZONING PERMITS

PLANNING AND DEVELOPMENT LAND DEVELOPMENT COORDINATION CITY OF TAMPA INSTRUCTIONS FOR REZONING APPLICATION

City of Brooklyn Park Planning Commission Staff Report

Chair to close public hearing. Review Deadline: 60 Days: 8/18/ Days: 10/17/2017

Financial Impact Statement There are no immediate financial impacts associated with the adoption of this report.

M E M O R A N D U M. Planning and Zoning Commission. Daniel Turner, Planner I

Planned Residential Development ( PRD ) Application

TOWN OF PALM BEACH. Planning, Zoning & Building Department SUMMARY OF THE ACTIONS TAKEN AT THE REGULAR TOWN COUNCIL MEETING

SUBDIVISION APPLICATION

Town of Cary, North Carolina Rezoning Staff Report 14-REZ-31 Cary Park PDD Amendment (Waterford II) Town Council Meeting January 15, 2015

Village of Glenview Plan Commission

APPLICATION REVIEW CHECKLISTS

APPLICATION PACKET ARC SIGN REVIEW. COMMUNITY DEVELOPMENT DEPARTMENT CHARTER TOWNSHIP OF PLYMOUTH 9955 N. Haggerty Road Plymouth, MI 48170

WAYZATA PLANNING COMMISSION MEETING MINUTES MAY 21, AGENDA ITEM 1. Call to Order and Roll Call

CONDITIONAL USE PERMIT Application Packet

Town of Truckee. Contents. Article I - Development Code Enactment and Applicability. Chapter Purpose and Effect of Development Code...

Staff Report: Date: Applicant: Property Identification: Acreage of Request: Current Zoning of Requested Area: Requested Action: Attached:

Planning Board Meeting Monday, July 23, 2012 Council Chambers, City Hall at 7:00 pm. Minutes Approved

CONDITIONAL USE PERMIT (CUP)

ZBA City of Pueblo Zoning Board of Appeals Valerie A. Sherman, Planner Scott Hobson, Land Use Administrative Official

MIDDLETOWN TOWNSHIP PLANNING COMMISSION REGULAR MEETING MIDDLETOWN MUNICIPAL BUILDING WEDNESDAY, November 2, 2016

Transcription:

AGENDA EDEN PRAIRIE PLANNING COMMISSION Monday, May 11, 2015, 7:00 P.M. PLANNING COMMISSION MEMBERS: STAFF MEMBERS: John Kirk, Jon Stoltz, Charles Weber, Travis Wuttke, Ann Higgins, Andrew Pieper, Ed Farr Regina Rojas, Senior Planner; Rod Rue, City Engineer; Stu Fox, Manager of Parks and Natural Resources I. PLEDGE OF ALLEGIANCE -- ROLL CALL II. APPROVAL OF AGENDA III. MINUTES A. Approval of the Minutes for the April 27, 2015 meeting IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS A. VARIANCE #2015-02 by Lisanne Oster Location: 9010 Riley Lake Road Request to: Permit a lot size of 1.26 acres. City code requires a lot size of 10 acres in the Rural Zoning District Permit side yard setbacks less than 50 feet for one side and a combination of 150 feet for both side yards in the Rural Zoning District VII. PLANNERS REPORT A. BOARDS & COMMISSION S BANQUET WEDNESDAY, MAY 13, 2014 6:00 PM GARDEN ROOM OF EDEN PRAIRIE VIII. MEMBERS REPORTS A. CITIZEN ADVISORY COMMITTEE LIGHT RAIL IX. CONTINUING BUSINESS X. NEW BUSINESS XI. ADJOURNMENT

UNAPPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY, APRIL 27, 2015 COMMISSION MEMBERS: STAFF MEMBERS: 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road Jon Stoltz, John Kirk, Travis Wuttke, Ann Higgins, Charles Weber, Andrew Pieper, Ed Farr Julie Klima, City Planner Stu Fox, Manager of Parks and Natural Resources Rod Rue, City Engineer Julie Krull, Recording Secretary I. PLEDGE OF ALLEGIANCE ROLL CALL Chair Stoltz called the meeting to order at 7:00 p.m. Kirk was absent. II. APPROVAL OF AGENDA MOTION by Higgins, seconded by Pieper, to approve the agenda. Motion carried 6-0. III. MINUTES A. PLANNING COMMISSION MEETING HELD ON APRIL 13, 2015 MOTION by Pieper, seconded by Higgins, to approve the minutes. Motion carried 4-0. Stoltz and Wuttke abstained. IV. INFORMATIONAL MEETINGS V. PUBLIC MEETINGS VI. PUBLIC HEARINGS EDEN PRAIRIE PLAZA (SALON CONCEPTS) by SCEPRE, LLC Location: 8040 Glen Lane Request for: Planned Unit Development District Review on 3.03 acres Zoning District Review on 3.03 acres Site Plan Review on 3.03 acres

Eden Prairie Planning Commission Minutes April 27, 2015 Page 2 Brent Van Lieu, representing Salon Concepts, presented the proposal. He stated they opened the business as a tenant a little over a year ago. The business rents seats; they have 36 individual salon seats. Because of the high volume of traffic there have been traffic problems. In December of 2014, Mr. Van Lieu said they purchased the property and would now like to take the former outdoor storage area and make it into a parking area. Mr. Van Lieu stated they plan to be there a long time and would like to have more parking spaces. Chair Stoltz asked Klima to review the staff report. Klima said Mr. Van Lieu is requesting a PUD amendment to convert the area into parking. There would be one way circulation into the new parking area and would contain 58 stalls. There would be curbs and signs provided to communicate traffic flow. Mr. Van Lieu is proposing to bring the property more in line with the Town Center Design Guidelines. There are two PUD waivers and staff recommends approval subject to conditions outlined in the report. Chair Stoltz opened the meeting up for public input. There was no input. Chair Stoltz asked if 58 stalls would be enough. Klima said she will have the project proponent address the question stated the additional parking will alleviate the problem. Mr. Van Lieu said their busy times are between 10am and 7 pm and feels this space with help with the parking situation. Higgins asked the project proponent, as the light rail is coming through the area, how would they adjust to that change. Mr. Van Lieu said they knew the light rail would be coming through the area and they still wanted to put the salon in its current location because they do not see any negatives with the light rail. Pieper asked if this parking area would be only for Salon Concepts. Mr. Van Lieu said the southern half would have signage to designate it to Salon Concepts employees. Wuttke asked if there were any issues the fire department had with this parking area. Klima said the Inspections division has reviewed the application and provided input. Farr asked who would be permitted park in the area; would it be patrons or just employees. Mr. Van Lieu said because the access is in the rear of the building, it will be for the employees and the patrons will park in the front of the building. There will be signage put up to designate the area as employee parking. Weber said this appears to be a short term fix due to the LRT coming into the area. He asked the project proponent if they are going to move or build something else when the light rail comes into the area. Mr. Van Lieu said they

Eden Prairie Planning Commission Minutes April 27, 2015 Page 3 do not plan on moving as they have already invested $800,000 into this property. MOTION by Pieper, seconded by Wuttke, to close the public hearing. Motion carried 6-0. MOTION by Pieper, seconded by Wuttke, to recommend approval of the Planned Unit Development District Review on 3.03 acres; Zoning District Amendment Review on 3.03 acres and Site Plan Review on 3.03 acres as represented in the April 27, 2015 staff report and Plans Stamp Dated April 27, 2015. Motion carried 6-0. VII. PLANNERS REPORT A. BOARDS & COMMISSION S BANQUET Wednesday, May 13, 2015, at 6:00 pm in the Garden Room at City Center VIII. MEMBERS REPORT A. COMMUNITY ADVISORY COMMITTEE LIGHT RAIL Pieper said there is a meeting tomorrow night, April 28 th. He stated there is a delay in the project from 2019 to 2020 because there was a 341 million dollar increase in what was budgeted for the project due to poor land and soil contamination. The meeting tomorrow night will likely discuss this issue. IX. CONTINUING BUSINESS No continuing business. X. NEW BUSINESS No new business. XI. ADJOURNMENT MOTION by Higgins, seconded by Wuttke, to adjourn the Planning Commission meeting. Motion carried 6-0. There being no further business, the meeting was adjourned at 7:25 p.m.

STAFF REPORT TO: FROM: Planning Commission Regina Rojas, Senior Planner DATE: May 8, 2015 SUBJECT: Variance 2015-02 APPLICANT/ OWNER: Lisanne Oster J M & B A Kirtland Trustees LOCATION: REQUEST: 9008 and 9010 Riley Lake Road To permit a lot size of 1.26 acres. City code requires a lot size of 10 acres in the Rural zoning district To permit side yard setbacks less than 50 feet for one side and a combination of 150 feet for both side yards in the Rural zoning district. BACKGROUND The applicant owns the two properties at 9008 and 9010 Riley Lake Road. The lots are adjacent and share one common property line. The applicant met with City staff on October 30, 2014 and inquired about the process and requirements to construct one house and combining the two properties. Based on the potential location of the house, staff recommended that the applicant combine the two properties through a plat to eliminate the common property line and rezone the property from Rural to R1-22 consistent with the properties to the west. These processes would require a Development Review Application and standard public process through the Planning Commission and City Council. The applicant referenced the Administrative Approval section within Chapter 12 of City Code and inquired if this was an option. The applicant also questioned the language in the City Code since it reflects a subdivision and not joining or combination of lots. Based on staff feedback Ms. Oster submitted a Development Review Application for a plat and a zoning change on January 9, 2015. The application was determined as incomplete on January 26, 2015 and a letter was sent identifying the missing items. A meeting was requested by staff and was held on February 3, 2015 to discuss the January 26, 2015 letter. At this meeting the applicant questioned the Administrative Approval section within Chapter 12 of

Staff Report Variance # 2015-2 May 8, 2015 Page 2 City Code and inquired if this was an option. Staff stated that based on standard processes the development review process reflected in the application submitted was appropriate. At the request of city staff a meeting was held on March 31, 2015 with the applicant and the applicant s engineer to check in on the status of the project. A follow up letter was sent on April 1, 2015 which detailed the following options based the meeting outcome and previous practices: Option #1: 1. An administrative combination of the two lots. Combines the lots for tax purposes, however does not eliminate the common property line for building structure setbacks. 2. Keep the zoning as Rural. A variance application would be required for a new or enlarged structure. If a new house is proposed then it could not be built over the common lot line. Option #2: 1. Plat This is required to combine the properties into one lot, eliminates the common property line, and establishes drainage and utility easements. 2. Zoning Change Rural to R1-22 zoning. Setbacks are less restrictive than Rural zoning and the minimum lot size is 22,000 square feet. 3. Planned Unit Development (PUD) This required only if any waivers from the R1-22 zoning district or shoreland ordinance are requested. On April 9, 2015 the applicant met with the City Manager and Community Development Director to discuss the project and to determine if a simpler process was available. The City Manager agreed to seek the advice of the City Attorney to pursue an administrative lot combination process through the City and Hennepin County. On April 17, 2015 the Community Development Director contacted the applicant and agreed, based on City Attorney feedback, that an administrative combination process could be approved by the City Manager and Hennepin County. The administrative combination process allows for joining of the two lots and eliminates the common property line. The City Attorney consulted with Hennepin County officials as part of his review. The process requires that the property owner submit an application for a combination of the parcels to the Resident and Real Estate Services division of the County, a letter from the City consenting to this application, and a deed from the property owners to themselves of both parcels for the purpose of creating one parcel for real estate, zoning and subdivision purposes. The deed is required since the an application for combination of parcels filed with the County does not remove the property line between the parcels, as it only for the purpose of creating one tax parcel. Since the property is zoned Rural, a Variance would be required due to the lot size and setbacks to side property lines. A follow-up letter was sent on April 20, 2015 recapping the conversation with the Community Development Director. The letter also detailed the next steps for a variance and administrative lot combination. The applicant requested to pursue the variance and administrative lot combination process.

Staff Report Variance # 2015-2 May 8, 2015 Page 3 VARIANCE The property is zoned Rural. The surrounding zoning is R1-22, Rural and Golf Course. The site is guided Low Density Residential. The surrounding area is guided Low Density Residential and Golf Course. The property is within a shoreland area of the City and adjacent to Lake Riley which is a Recreational Development Water. The applicant is requesting to construct one-single family home which is proposed to be located on the properties at 9008 and 9010 Riley Lake Road. The City is currently working with the applicant on a lot combination request which would join the two lots together and eliminate the common lot line. The applicant has requested to keep the zoning as Rural. Since the minimum lot size for Rural zoning districts is 10 acres a variance is requested for the proposed lot size of 1.26 acres. A variance is required if the structure will not meet Rural setback requirements. The applicant is proposing setbacks less than 50 feet for one side and a combination of 150 feet. The proposed house meets the shoreland and front yard setback requirements if the property is connected to sanitary sewer service. VARIANCE STANDARD Variances may be granted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. Furthermore variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties, as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Harmony with Purpose and Intent of Ordinance The requested variance is in harmony with the purpose and intent of the ordinance. A single family house is a permitted in a Rural zoning district. If the lots were rezoned to R1-22 one house could be built on each lot without variances. Keeping the lot as Rural and granting variances for setbacks to allow for one house may reduce the impact to the shoreland property. Consistent with Comprehensive Plan The Comprehensive Plan guides this property as Low Density Residential. The variance does not change the use of the property and does not increase the density therefore the variance is consistent with the comprehensive plan.

Staff Report Variance # 2015-2 May 8, 2015 Page 4 Reasonable Use of the Property A single family house in the Rural zoning district is a reasonable use of the property. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: The lots were created as part of an Auditors Subdivision. Both properties are under the same ownership. The property owner is not creating additional lots. The increase lot size by combining the two lots to 1.26 acres is closer in compliance with the Rural 10 acre minimum lot size. Will not alter Character of Locality The requested variance will not change the character of the locality for the following reasons: The applicant is requesting to combine the two lots into one lot. Keeping the lot as Rural and granting variances for setbacks to allow for one house may reduce the impact to the shoreland property. STAFF ANALYSIS Staff and the applicant agreed that the administrative lot combination and variance option provides the most efficient and timely route for the applicant. Staff recommends approval of the variance request since the applicant can meet the variance standards listed above. Staff recommends approving conditions as part of the Final Order. The conditions should be required prior to building permit issuance for the property: The location of the house shall be in substantial conformance to the plan titled Grading Drainage, Erosion Control and Utility Plan dated April 7, 2015 by Kallio Engineering. A connection fee of $12,165.00 for the sanitary sewer service in Riley Lake Road to serve the property must be paid to the Engineering Division (if the permit is issued in 2015 if the permit is issued later the connection fee will be based on the connection fee in place at that time). A special assessment agreement in the amount of $25,398 will be required for future Riley Lake Road Improvement. This amount is based on front footage of 153 and a front foot rate of $166/foot. This property is subject to trunk sewer and watermain assessments. The assessable acreage is 1.13 acres (The lot size of 1.26 acres subtracting 0.13 acres of wetland and buffers). Based on the 2015 trunk rate of $7,895/acre the total amount to be assessed is $8,701.35. A special assessment agreement will be required for the trunk assessments also. A conservation easement for the wetland and wetland buffer to be filed against the property consistent with City Code and in a form approved by the City.

Staff Report Variance # 2015-2 May 8, 2015 Page 5 REQUESTED COMMISSION ACTION The Commission may wish to choose from one of the following actions: 1. Approve Final Order #2015-2 with conditions 2. Approve Final Order #2015-2 with modifications. 3. Continue Variance Request #2015-2 for additional information. 4. Deny Final Order #2015-2.

CITY OF EDEN PRAIRIE PLANNING COMMISSION FINAL ORDER 2015 VARIANCE # 2015-02 Applicant: Lisanne Oster J M & B A Kirtland Trustees ADDRESS: 9008 and 9010 Riley Lake Road OTHER DESCRIPTION: PID #19-116-22-32-0004 and PID#19-116-22-32-0010 VARIANCE REQUEST: To permit a lot size of 1.26 acres. City code requires a lot size of 10 acres in the Rural zoning district. To permit side yard setbacks less than 50 feet for one side and a combination of 150 feet for both side yards in the Rural zoning district. The Board of Adjustments and Appeals for the City of Eden Prairie at a regular meeting thereof duly considered the above petition and after hearing and examining all of the evidence presented and the file therein does hereby find and order as follows: 1. All procedural requirements necessary for the review of said variance have been met. (Yes No N/A). 2. Variance 2015-02 is: granted modified denied 3. Findings and conditions are attached as Exhibit A. 4. This order shall be effective fifteen days after the decision of the Board of Adjustment and Appeals or on May 26, 2015; however, this variance shall lapse and be of no effect unless the erection or alternatives permitted shall occur within one (1) year of the effective date unless said period of time is extended pursuant to the appropriate procedures prior to the expiration of one year from the effective date hereof. 5. All Board of Adjustments and Appeals actions are subject to City Council Review. BOARD OF ADJUSTMENTS AND APPEALS N/A = Not Applicable BY: John Stoltz Chair Date: May 11, 2015

EXHIBIT A FINDINGS AND CONDITIONS FINDINGS Harmony with Purpose and Intent of Ordinance The requested variance is in harmony with the purpose and intent of the ordinance. A single family house is a permitted in a Rural zoning district. If the lots were rezoned to R1-22 one house could be built on each lot without variances. Keeping the lot as Rural and granting variances for setbacks to allow for one house may reduce the impact to the shoreland property. Consistent with Comprehensive Plan The Comprehensive Plan guides this property as Low Density Residential. The variance does not change the use of the property and does not increase the density therefore the variance is consistent with the comprehensive plan. Reasonable Use of the Property A single family house in the Rural zoning district is a reasonable use of the property. Circumstances Unique to the Property and not Created by Landowner The property is unique for the following reasons: The lots were created as part of an Auditors Subdivision. Both properties are under the same ownership. The property owner is not creating additional lots. The increase lot size by combining the two lots to 1.26 acres is closer in compliance with the Rural 10 acre minimum lot size. Will not alter Character of Locality The requested variance will not change the character of the locality for the following reasons: The applicant is requesting to combine the two lots into one lot. Keeping the lot as Rural and granting variances for setbacks to allow for one house may reduce the impact to the shoreland property.

CONDITIONS 1. The location of the house shall be in substantial conformance to the plan titled Grading Drainage, Erosion Control and Utility Plan dated April 7, 2015 by Kallio Engineering. 2. A connection fee of $12,165.00 for the sanitary sewer service in Riley Lake Road to serve the property must be paid to the Engineering Division (if the permit is issued in 2015 if the permit is issued later the connection fee will be based on the connection fee in place at that time). 3. A special assessment agreement in the amount of $25,398 will be required for future Riley Lake Road Improvement. This amount is based on front footage of 153 and a front foot rate of $166/foot. 4. This property is subject to trunk sewer and watermain assessments. The assessable acreage is 1.13 acres (The lot size of 1.26 acres subtracting 0.13 acres of wetland and buffers). Based on the 2015 trunk rate of $7,895/acre the total amount to be assessed is $8,701.35. A special assessment agreement will be required for the trunk assessments also. 5. A conservation easement for the wetland and wetland buffer to be filed against the property consistent with City Code and in a form approved by the City.

Area Location Map - Variance #2015-02 Address:9008 and 9010 Riley Lake Road Eden Prairie, Minnesota 55347 L MELROSE CHASE City of Chanhassen ENGLISH TURN Riley Lake Road PT STEPHENS SITE Lake Riley 0 195 390 780 Feet

Guide Plan Map Variance Request #2015-02 9008 and 9010 Riley Lake Road, Eden Prairie, MN 55347 RILEY LAKE RD Riley Lake Road SITE HWY 212 Stephens Point Lake Riley City of Eden Prairie Land Use Guide Plan Map 2000-2030 Legend Lakes Rural Residential 0.10 Units/Acre Low Density Residential 0-2.5 Units/Acre Low Density/Public/Open Space Medium Density residential 2.5-10 Units/Acre Medium Density Residential/Office High Density Residential 10-40 Units/Acre Airport Office Office/Industrial Office/Public/Open Space Industrial Neighborhood Commercial Community Commercial Regional Commercial Town Center Park/Open Space Public/Quasi-Public Golf Course Church/ Cemetary Open Water Right-Of-Way Streams Principal Arterial A Minor Arterial B Minor Arterial Major Collector Minor Collector Date Revised 03-01-2014 0 100 200 400 Feet DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctness of the information contained in this map. It is your responsibility to verify the accuracy of this information. In no event w ill The City of Eden Prairie be liable for any damages, including loss of business, lost profits, business interruption, loss of business information or other pecuniary loss that might arise from the use of this map or the information it contains. Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported to The City of Eden Prairie. M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\officialmaps\officialguideplan.mxd Map was Updated/Created: December 9, 2014

Zoning Map Variance #2015-02 9008 and 9010 Riley Lake Road, Eden Prairie, MN 55347 RILEY LAKE RD Riley Lake Road SITE Stephens Point Lake Riley Rural R1-44 One Family- 44,000 sf. min. R1-22 One Family-22,000 sf min. R1-13.5 One Family-13,500 sf min. R1-9.5 One Family-9,500 sf min. RM-6.5 Multi-Family-6.7 U.P.A. max. RM-2.5 Multi-Family-17.4 U.P.A. max. Office Neighborhood Commercial Community Commercial Highway Commercial Regional Service Commercial Regional Commercial TC-C TC-R TC-MU Industrial Park - 2 Acre Min, Industrial Park - 5 Acre Min. General Industrial - 5 Acre Min. Public Golf Course Water Right of Way Shoreland Management Classifications NE Natural Environment Waters RD Recreational Development Waters GD General Development Waters (Creeks Only) 100 - Year Floodplain In case of discrepency related to a zoning classification on this zoning map, the Ordinance and attached legal description on file at Eden Prairie City Center will prevail. Up dated through approved Ordinances #19-2013 Ordinance #33-2001 (BFI Addition) approved, but not shown on this map edition Date: March 1, 2014 0 0.045 0.09 Miles DISCLAIMER: The City of Eden Prairie does not warrant the accuracy nor the correctnes s of the information contained in this map. It is your responsibility to verify the accuracy of this information. In no event will The City of Eden Prairie be liable for any damages, including loss of business, lost profits, business interruption, loss of business information or other pecuniary loss that might arise from the use of this map or the information it contains. Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported to T he City of Eden Prairie. M:\GIS\Users\Departments\CommDev\Themes\Shapes\Zoning and all other land use information\officialmaps\officialzoning.mxd Map was Updated/Created: June 11, 2014

Aerial Map - Variance #2015-02 Address: 9008 and 9010 Riley Lake Road Eden Prairie, Minnesota 55347 TURN ENGLISH Lake Riley Road PT STEPHENS SITE Lake Riley 0 125 250 500 Feet

10 5 10 LEGEND 5 1429 2 6 Eden Prairie, MN Kirtland Oster Addition Certificate of Survey/ Existing Conditions 6936 133 St. W. Apple Valley, MN 55124 952-432-8409 Lisanne Oster PROPERTY DESCRIPTION KALLIO 10775 Poppitz Lane Chaska,MN 55318 612-418-6828 WETLANDS BM ELEV. 958.97 TREE INVENTORY

LEGEND 1429 3 6 Eden Prairie, MN 6936 133 St. W. Apple Valley, MN 55124 952-432-8409 Lisanne Oster RELOCATE ITEMS Kirtland Oster Addition Removal Plan REMOVAL ITEMS KALLIO 10775 Poppitz Lane Chaska,MN 55318 612-418-6828 DRIVEWAY REMOVAL

GRADING NOTES KALLIO UTILITIES 10775 Poppitz Lane Chaska,MN 55318 612-418-6828 WETLANDS WETLAND BUFFER BM ELEV. 958.97 LEGEND IMPERVIOUS CALCULATIONS 1429 4 6 Eden Prairie, MN Kirtland Oster Addition Grading, Drainage, Erosion Control, and Utility Plan STORMWATER MANAGEMENT 6936 133 St. W. Apple Valley, MN 55124 952-432-8409 Lisanne Oster TREE INVENTORY

TREE NOTES TOTAL CALIPER INCHES CALIPER INCHES D CALIPER INCHES D A= B= C= D= 1052 459 593 44% 56% KALLIO 10775 Poppitz Lane Chaska,MN 55318 612-418-6828 TREE REPLACEMENT LEGEND ALLOWABLE TREE REPLACEMENT SPECIES PER CITY CODE LEGEND Total dia in of significant trees lost as a result of land alteration Total dia in of significant trees situated on land Tree replacement constant (1.33) Replacement trees (number of caliper inches) Formula: [(A/B) * C] * A = D A= B= C= D= 459 1052 1.33 266 1429 5 Replacement Trees in Caliper Inches 6 Eden Prairie, MN STATUS Kirtland Oster Addition CAL IN 17 22 22 12 16 20 13 14 26 17 14 30 16 12 12 17 25 15 12 20 20 13 28 20 18 27 12 15 23 21 16 12 15 15 22 12 14 18 16 24 24 17 12 16 17 14 16 12 12 12 13 13 13 12 32 15 17 14 17 14 27 6936 133 St. W. Apple Valley, MN 55124 952-432-8409 DESC 17RM 22RO 22RO 12RO 16RO 20RO 13RO 14RO 26RO 17RO 14RO 30BA 16RO 12BA 12GA 17BA 25RO 15RO 12RM 20RO 20RO 13RM 28RM 20RO 18RO 27RO 12RO 15RO 23RO 21RO 16RO 12BA 15RO 15RO 22RO 12RO 14RO 18RO 16RO 24RO 24RO 17RO 12BA 16RO 17RO 14RO 16RM 12RM 12RO 12RO 13RM 13RM 13RO 12RM 32BO 15RO 17RM 14RO 17RO 14RO 27BA Lisanne Oster TAG 2404 2405 2407 2408 2409 2410 2411 2412 2413 2415 2416 2417 2418 2419 2420 2421 2422 2423 2424 2425 2426 2427 2428 2429 2430 2431 2432 2433 2434 2435 2436 2437 2438 2439 2440 2441 2442 2443 2444 2445 2446 2449 2450 2451 2452 2453 2454 2455 2456 2457 2458 2459 2460 2461 2463 2464 2465 2466 2471 2472 2473 Tree Preservation/ Landscape Plan TREE INVENTORY

1429 KALLIO 10775 Poppitz Lane Chaska,MN 55318 612-418-6828 Stormwater Details Kirtland Oster Addition Eden Prairie, MN Lisanne Oster 6936 133 St. W. Apple Valley, MN 55124 952-432-8409 6 6

PROJECT PROFILE MAY 11, 2015 PLANNING COMMISSION MAY 11, 2015 1. VARIANCE # 2015-02 by Lisanne Oster. (REGINA) Proposal for combining two existing parcels into one on Riley Lake to construct one single family home. Location: 9010 Riley Lake Road Contact: Lisanne Oster, 952-432-8409 Request to: Permit a lot size of 1.26 acres. City code requires a lot size of 10 acres in the Rural zoning district Permit side yard setbacks less than 50 feet for one side and a combination of 150 feet for both side yards in the Rural zoning district. Application Info Planning Commission City Council Date Submitted 01/09/15 Notice to Paper Date 04/23/15 Notice to Paper Date N/A Date Complete 04/09/15 Resident Notice Date 04/24/15 Resident Notice Date N/A 120 Day Deadline 08/07/15 Meeting Date 05/11/15 1 st Meeting Date N/A Initial DRC review 2 nd Meeting Date N/A CONSERVATION COMMISSION MAY 12, 2015 CITY COUNCIL PUBLIC HEARING MAY 19, 2015 1. EDEN PRAIRIE PLAZA (SALON CONCEPTS) (2015-03) by SCEPRE, LLC. (TANIA) Proposal for adding 58 additional parking spaces Location: 8040 Glen Lane Contact: Brent Van Lieu, 513-200-4261 Request for: Planned Unit Development District Review on 3.03 acres Zoning District Review on 3.03 acres Site Plan Review on 3.03 acres Application Info Planning Commission City Council Date Submitted 01/16/15 Notice to Paper Date 4/9/15 Notice to Paper Date 4/30/15 Date Complete 03/02/2015 Resident Notice Date 4/11/15 Resident Notice Date 5/1/15 120 Day Deadline 06/30/2015 Meeting Date 4/27/15 1 st Meeting Date 5/19/15 Initial DRC review 2 nd Meeting Date 1

CITY COUNCIL CONSENT MAY 19, 2015 1. WAGNER PROPERTY (2014-19) by Pemtom Land Company. (STEVE/JULIE) Proposal for a 12- lot single family development. Location: 10841 & 10861 Blossom Rd. Contact: Dan Blake, 952-937-0716 Request for: Planned Unit Development Concept Review on 6.5 acres Planned Unit Development District Review with waivers on 6.5 acres Zoning District Change from R1-22 R1-13.5 on 6.5 acres Preliminary Plat of 6.5 acres into 12 lots and right of way Application Info Planning Commission City Council Date Submitted 12-19-14 Notice to Paper Date 02/04/15 Notice to Paper Date 03/11/15 Date Complete 02-05-15 Resident Notice Date 02/06/15 Resident Notice Date 03/12/15 120 Day Deadline 07-12-15 Meeting Date 02/23/15 1 st Meeting Date 03/31/15 Initial DRC review 2 nd Meeting Date 2. AMEMDMENT TO BLUESTEM CONSULTANT CONTRACT by City of Eden Prairie (LORI) Update the scope of work 3. File#2014-20TM by Verizon (c/o Justin Holt Jacob,) Contact Justin Holt 952.831.1043 x3102 office, 773.454.9428 mobile (STEVE) (Approved 00-00-14) Review time? Days Request: Small Cell Site (Project Installation of smaller antennas and associated equipment on City Center Roof to improve Public Safety Communications) Incomplete as of 10-07-14 Location: 8080 Mitchell Road, Eden Prairie, MN Application Info (2014-20TM) Planning Commission City Council Date Submitted 10-07-14 Notice to Paper Date N/A Notice to Paper Date N/A Date Complete 00-00-14 Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline 00-00-15 Meeting Date N/A 1 st Meeting Date 03-03-15 Initial DRC review 00-00-14 2 nd Meeting Date N/A 2

PLANNING COMMISSION JUNE 8, 2015 1. CODE AMENDMENT RELATING TO SUBDIVISION REGULATIONS Public hearing to amend City Code Chapter 12, relating to the regulation of subdivisions of property. Contact: Julie Klima, 952-949-8489 Application Info Planning Commission City Council Date Submitted Notice to Paper Date Notice to Paper Date Date Complete Resident Notice Date N/A Resident Notice Date 120 Day Deadline Initial DRC review Meeting Date 1 st Meeting Date 2 nd Meeting Date N/A CONSERVATION COMMISSION JUNE 9, 2015 HERITAGE PRESERVATION COMMISSION JUNE 15, 2015 CITY COUNCIL CONSENT JUNE 16, 2015 1. CROSSROADS CENTER (2014-18) by Tim Cashin. (JULIE) Proposal for façade and landscape improvements. Location: 7731 Flying Cloud Drive Contact: Tim Cashin, 952-212-5004 Request for: Planned Unit Development Concept Review on 2.9 acres Planned Unit Development District Review with waivers on 2.9 acres Zoning District Amendment within the Commercial-Regional-Services District on 2.9 acres Site Plan Review on 2.9 acres Application Info Planning Commission City Council Date Submitted 11/21/14 Notice to Paper Date 3/26/15 Notice to Paper Date 4/23/15 Date Complete 1/14/15 Resident Notice Date 3/31/15 Resident Notice Date 4/24/15 120 Day Deadline 7/12/15 Meeting Date 4/13/15 1 st Meeting Date 5/5/15 Initial DRC review 12/4/14 2 nd Meeting Date 3

IN BUT NOT SCHEDULED 1. HAMPTON INN HOTEL (2014-20) by Michael Monn Architects. (REGINA) Proposal for façade improvements and 2,800 square foot building addition. Location: 7740 Flying Cloud Drive Contact: Mike Monn, 612-247-5406 Request for: Planned Unit Development with waivers on 3.19 acres Zoning District Amendment on 3.19 acres Site Plan Review on 3.19 acres Application Info Planning Commission City Council Date Submitted 12/19/14 Notice to Paper Date Notice to Paper Date Date Complete 120 Day Deadline Initial DRC review Resident Notice Date Meeting Date Resident Notice Date 1 st Meeting Date 2 nd Meeting Date 2. ARBY S (2015-05) by ArcVision, Inc. (REGINA) Proposal for exterior façade remodel Location: 560 Prairie Center Drive Contact: Tammy Korte, 314-415-2400 Request for: Site Plan Review on 1.14 acres Application Info Planning Commission City Council Date Submitted 03/27/15 Notice to Paper Date Notice to Paper Date Date Complete 00/00/2015 Resident Notice Date Resident Notice Date 120 Day 00/00/2015 Meeting Date 1 st Meeting Date Deadline 2 nd Meeting Date Initial DRC review 4

3. VARIANCE # 2015-03 by Central Bank. (REGINA) Proposal to extend Variance period Location: 6640 Shady Oak Road Contact: Jerry Hentges, 952-944-6640 Request to: To permit a building identification wall sign up to to 112.5 square feet on the north elevation in the Office zoning district. To permit a building identification wall sign up to 112.5 square feet on the south elevation in the Office zoning district. Application Info Planning Commission City Council Date Submitted 05/04/15 Notice to Paper Date Notice to Paper Date N/A Date Complete Resident Notice Date Resident Notice Date N/A 120 Day Deadline Meeting Date 1 st Meeting Date N/A Initial DRC review 2 nd Meeting Date N/A APPROVED VARIANCES TELECOMMUNICATION PROJECTS 1. File#2014-18TM by Verizon (c/o Justin Holt Jacob,) Contact Justin Holt 952.831.1043 x3102 office, 773.454.9428 mobile (Approved 00-00-14) Review time? Days Request: Small Cell Site (Pilot Project Installation of smaller antennas and associated equipment on Utility poles, traffic lights etc. in right of way.) Incomplete as of 00-00-14 Location: Right of Way Pioneer Trail between Homeward Hills Road and Hwy #169 Application Info (2014-19TM) Planning Commission City Council Date Submitted 00-00-14 Notice to Paper Date N/A Notice to Paper Date N/A Date Complete 00-00-14 Resident Notice Date N/A Resident Notice Date N/A 120 Day Deadline 00-00-15 Meeting Date N.A 1 st Meeting Date N/A Initial DRC review Complete Letter due 00-00-15 2 nd Meeting Date N/A 5

2. File#2015-06L Lease by Verizon (c/o Mandy Brady - Jacobs) Contact Mandy Brady Office# 651-225-0784, mobile# 612-366-8944 (Approved 00-00-15) Review time?? Days. Incomplete as of 03-09-15 Location: 6341 Baker Road, Eden Prairie, Minnesota Request: Re-establishment of Lease. Property zoned C-Comm. Planner: (STEVE/TANIA) Application Info (2015-06L) Date Submitted 03-19-15 Date Complete 00-00-15 90 Day Deadline 06-07-15 Initial DRC review 00-00-15 Complete Letter 03-27-15 Due Notice to Paper Date Resident Notice Date Meeting Date N/A N/A N.A Notice to Paper Date N/A Resident Notice Date N/A 1 st Meeting Date 00-00-15 2 nd Meeting Date N/A 6