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HomeMy WebLinkAboutPlanning Commission Minutes 06-20-2012Approved Minutes City of Plymouth Planning Commission Meeting June 20, 2012 MEMBERS PRESENT: Chair Jim Davis, Commissioners Dick Kobussen, Nathan Robinson, Gordon Petrash and Scott Nelson MEMBERS ABSENT: Commissioners Marc Anderson and Bryan Oakley STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Shawn Drill, Senior Planner Joshua Doty and Office Support Specialist Laurie Lokken 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA MOTION by Commissioner Petrash, seconded by Commissioner Robinson, to approve the June 20, 2012 Planning Commission Agenda. Vote. 5 Ayes. MOTION approved. 5. CONSENT AGENDA Chair Davis moved Consent Agenda item 5.B. to New Business item 7.B. A. APPROVAL OF THE JUNE 6, 2012 PLANNING COMMISSION MEETING MINUTES MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the June 6, 2012 Planning Commission Meeting Minutes. Vote. 5 Ayes. MOTION approved. C. IMAGINALITY DESIGN (2012035) MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the request by Imaginality Design for a variance to allow an additional area identification sign for the property located at 14550 34th Avenue North. Vote. 5 Ayes. MOTION approved. D. HGA, INC. (2012040) MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the request by HGA, Inc. for a variance for directional signage at Hazelden Center for Youth and Families for the property located at 11505 36th Avenue North. Vote. 5 Ayes. MOTION approved. Approved Planning Commission Minutes June 20, 2012 Page 2 6. PUBLIC HEARINGS 7. NEW BUSINESS A. MARIA FINTERIKOU KIRSCH (2012006) Chair Davis introduced the request by Maria Finterikou Kirsch for a home occupation license for a personal fitness facility for the property located at 6120 Lanewood Lane North. Senior Planner Doty gave an overview of the staff report. Chair Davis introduced the applicant, Maria Finterikou Kirsch. Ms. Kirsch stated it would be a small personal training facility in her basement. She said it would be a one-on-one training session. She said there would not be any signs posted outside. She said that there wouldn't be any noise. She said the hours would be between 8:00 AM and 8:00 PM. She said that she is a personal trainer and that she is also a teacher. She said that she meets all the city and HOA requirements. Commissioner Kobussen asked if the entrance to her business would be through her front door or if people would be walking around to her walkout basement. Ms. Kirsch replied that the entrance would be through the garage and mudroom to the doorway down to the basement. She said there is no entry from the outside right now. Chair Davis introduced Jean Coltz, 6180 Lanewood Lane North. Ms. Coltz stated that last fall they received a notice from the city informing them that an application for a strength -training business was under consideration and since they were within 200 feet of the applicant's residence, they were instructed to submit any objections or concerns in writing and attach their signatures. She said that she readily responded by phoning the city and directing her immediate questions to staff. She said she had asked if the city knew that Taryn Hills had an HOA and was informed the city did not know that. She said that she then contacted her HOA and was informed that they had no knowledge of this application and she provided them with city contact information. Ms. Coltz stated that months later (not long ago) they were informed that the approval process had indeed moved forward and that their HOA, much to their surprise, had granted approval of this home-based business, that the city's approval was pending and that they were invited to attend tonight's meeting. Ms. Coltz asked why the city took any action at all without first advising the applicants to consult with their HOA. She said that it seemed to her to have been a backward transaction. She said that Taryn Hills is not a large development but it is not obscure. She said that in her estimation, one phone call could have initiated a process in the proper order with HOA approval prior to filing a city application. She said that the State of Minnesota defined HOAs as small government entities with their own set of bylaws and covenants. She said she liked that succinct definition and it was void of any descriptive attachments, such as, incidental or unimportant. She said that taking seriously this definition, she did not want the city's actions to possibly lessen any HOAs role, deeming them as lesser, by acting as though they maybe do or maybe do not exist Approved Planning Commission Minutes June 20, 2012 Page 3 and not initiating the simple step by checking first. She said that it was not her intent to verbally prick skins or shame or to extend ill will but rather she is here to protect the things that sometimes become squashed by the larger, the bigger. Chair Davis introduced Gerald Hommes, 6180 Lanewood Lane North. Mr. Hommes stated that he is a refugee from two communities. He said one was a city that had neither the will nor the judgment to enforce its codes and the other was an HOA and a city that were equally negligent and in both instances, even after repeated requests. He said that they are now in Plymouth because they know it is better than that. Mr. Hommes asked if the city could establish residential zoning category and in addition a strictly residential zoning category in addition to what is now seemingly just a nominal residential zoning category. He asked if any city residential zone is immune from home business and permits. He asked if commercial zoning is not specifically intended for businesses with drive -up clients and onsite interactions with the general public, such as the proposed business. He asked if conversely, a permit could be given for a single family residence in a commercial zone. He asked if an HOA can circumscribe permitting and license more stringently than a city. He asked if the city requires written consent of the governing HOA before considering a permit or a license application and if not, he requests that the city adopt such a policy. He said that process seems not to have been followed in this case under consideration. Mr. Hommes stated that approval of this application could affect neighbors well beyond those few who were informed. He asked to not assume that the absence of expressed concern here is evidence of absence of concern. He said the neighbors potentially affected are mostly busy, young families with children and working parents. He said that few know of the pending action and fewer still have the time to be here tonight. Mr. Hommes stated that traffic to and from the proposed business would typically drive down the cul-de-sac that is populated entirely by families with small children who cross the street to play on the sidewalk. He said that traffic may have to turn around to exit the cul-de-sac. He said that these neighbors have told him that they bought these premium priced lots, as did they, with the expectation of low traffic. Mr. Hommes stated that the developer, Lennar, and not the homeowners manage the HOA. He said that they deemphasize HOA rules less they jeopardize any prospective sale. He said they have an inherent conflict of interest. He said that they expect to be gone long before the effect of lax enforcement becomes obvious. He said that in essence, they passed the buck to the city. He said that he acknowledges the benign nature of traditional, intellectually based home businesses, such as tax preparation and music lessons. He said that now with the advent of the world-wide web, a vast new range of intellectually based home businesses is possible that have no adverse impact on neighbors. He said that there is a qualitative difference between such home businesses compared to that which involves physical interactions with totally unvetted clients recruited from Craig's List or wherever and the neighborhood is especially sensitive to strange traffic based on several attempted burglaries in the neighborhood in recent months. He said this application is of the latter type and this type of business may entice clients of a less benign nature and establish a Approved Planning Commission Minutes June 20, 2012 Page 4 precedent for businesses involving physical interactions of possibly dubious ethical character. He said he assumes that the charter of the Planning Commission is to make judgments regarding the nature of businesses being licensed. He asked that the Planning Commission exercise that judgment in this case with the impact on the neighborhood as the principal criteria. Senior Planner Doty responded that the city received the application for the license in January and subsequently sent out a notice to all property owners within 200 feet inviting public comment. He said that at that time, staff did receive one opposition. He said that he did speak with Ms. Coltz regarding the business and she mentioned that she was aware that the HOA documents had a provision in the bylaws that prohibit home-based businesses. He said the city was aware that the development had an HOA but was not aware of the provision to prohibit business. He said that after receiving this information, staff immediately put the application on hold to investigate the matter further. He said that he spoke with the representative for the HOA to state that the city application was on hold until staff received word if the HOA would allow the business or not. He said that there was no activity with the application until staff received a letter from the HOA granting approval of the home-based business. He said staff then communicated with the applicant, who stated that they would like to continue to move forward. He said staff subsequently sent out a new notice for this evening's Planning Commission meeting. Planning Manager Thomson added that the city's action is separate from the HOA. She said that approval of the city is sometimes contingent on other kinds of approvals as well. She said that if you have to go through an HOA that is a separate process. She said that in this particular case, staff initially learned that the HOA did not allow home-based businesses and it didn't seem worthwhile to go forward until that issue was settled. She said that it is not in the city's regulations to contact an HOA prior to looking at a home occupation. Chair Davis stated that the applicant, for any city action, has to take the responsibility for their HOA compliance. Commissioner Nelson asked if it was also safe to say that an HOA's rules and bylaws do not or can not supersede the city's ordinances and laws. Planning Manager Thomson responded not necessarily. She said that the city does have HOAs that do not allow home-based businesses. Chair Davis stated that they could be more stringent but that they can't supersede city regulations. Planning Manager Thomson stated that they can be more stringent. Commissioner Petrash asked if that would mean that the HOA's restrictions prevail versus any city restrictions. Planning Manager Thomson responded affirmatively. Chair Davis stated that if they were to get city approval to do something and the HOA would prohibit it, that's their business between the HOA and the homeowner. He said the city would not be taking a position in that instance as it is their contract and not the city's. Planning Manager Thomson responded affirmatively. Approved Planning Commission Minutes June 20, 2012 Page 5 Planning Manager Thomson stated that as far as establishing residential only zoning, it would be difficult to establish an area that wouldn't allow something that you could allow in a similar area elsewhere in the city. She said that home occupations are something that have been around for a long time. She said years ago, Plymouth put into place a very comprehensive list of requirements for businesses that have other people coming in to the home. She said that has worked very well and we have a lot of home-based businesses in the city that are licensed. She said we have a variety of things, such as salons, massage therapists, landscape businesses, etc. She said there are a number of businesses that do operate in addition to those that the gentleman mentioned that are intellectually based. She said those do not require licenses for those businesses. She said any time there is someone coming into the home, a license is required. Commissioner Nelson stated that he whole heartedly endorses this home occupation license. He said that he has been using home occupation services all his life for such things as music lessons, tax preparation, day care, small engine repair, etc. He said that it is part of a city's fabric to have home-based businesses. Chair Davis stated that he agreed with Commissioner Nelson. He said that this would have a minimal impact on the neighborhood. He said that it's the kind of thing people enjoy. He said the city has regulations, they are going to be held to those regulations and he would be voting in support of this application. Commissioner Petrash asked what the city's experience has been as far as the concerns of dubious people, traffic, conflicts within neighborhoods from these businesses, etc. Planning Manager Thomson replied that the city has had few complaints about home-based businesses. She said that is something that has worked out very well. She said there have not been any based upon criminal types of activities going on. She said that there have been some issues with some landscapers but as far as the type of business that is being proposed and the salons and the massage therapy, etc., we have not received any complaints. She added that home-based businesses are licensed for one year to start and if there are no complaints, the city can issue a license for another three years and thereafter on a rotating basis. She said that any complaints that the city receives are immediately followed up on. MOTION by Commissioner Nelson, seconded by Commissioner Kobussen, to approve the request by Maria Finterikou Kirsch for a home occupation license for a personal fitness facility for the property located at 6120 Lanewood Lane North. Vote. 5 Ayes. MOTION approved unanimously. B. MICHLITSCH BUILDERS, INC. (2012031) Chair Davis introduced the request by Michlitsch Builders, Inc. for a variance to allow two new homes to be constructed within the bluff for each of the properties located at 12015 28th Avenue North and 12025 28th Avenue North. Chair Davis introduced Charlotte Ruth Mason, 12020 27th Avenue North. Ms. Mason stated that the first and foremost reason that they are objecting to this variance request is the negative Approved Planning Commission Minutes June 20, 2012 Page 6 environmental impact caused by the destruction of nature on these two properties. She said that these two sites are completely wooded with an extremely steep slope. She said this is why no one has built on the properties. She said that the trees marked for removal on the site plan represent only a tiny fraction of the actual trees that will be cut down in order to build the homes. She said that they are aware that the legal qualifications for engineers and builders on their plans include only trees of a certain size but there is a significant number of trees in and around these zones where the houses and garages will be built that will be taken. She said there are well over 100 trees in each of those areas alone and many more will be felled for the very long driveways. She said that there is also a ravine that would have to be filled in order to put in driveways. Ms. Mason stated that the loss of the trees, plants, grapevines and shrubs is only the beginning of the losses that will occur on 28th Avenue. She said that these losses will impact Medicine Lake negatively and will destroy much of the surrounding environment. She said these properties are located near the area of Medicine Lake that is filled with cattails and marsh lands. She said that marsh lands are like nurseries for many species of birds, animals and reptiles. She said that in the 13 years that they have lived there, they have observed what zoologists and naturalists call a wildlife corridor there. She said that on these two lots, there are many species of birds that come in every year to nest. She said that they have also observed a number of species of turtles traveling through this corridor and laying their eggs every year. She said many people have been thrilled to see the bald eagles that are repopulating and hunt there, as well as bard and snowy owls. She said that every year in May, wood ducks can be seen nesting here and they only nest in very high treetops. She said the trees located here are not wide in diameter but they have significant height. She said that this corridor provides not only habitat for food and shelter but also habitat for safe passage away from the roads and the cars. She said that this area has seen increasing traffic in the past ten years with the building of the beautiful park down at West Medicine Lake. She said there has been destruction of habitat and a lot of death in turtle species in this area, which is also aggravated by the recent holding ponds that were widened for this park. She said this is an area where the animals move, migrate, reproduce and travel. She listed some of the animals that make use of this corridor. She said that this is a place where the animals are not a bother to humans and it is a safe corridor for them between the lake and the surrounding areas. Ms. Mason stated that the neighborhood will find the construction noise a bit of a nuisance but they are really concerned for the proximity of the new homes to the walking and bike path located between 27th and 28th Avenues. She said one of the proposed homes would be situated quite close to that path. Ms. Mason stated that they are also concerned about the runoff from the homes to Medicine Lake. She said the loss of trees that provide a filter for runoff is staggering. She said the paved surfaces for the driveways and grasses from these two homes would have to be pretty large and would add to the already problematic sewer system along 281h Avenue. She said that after two or more summers of construction, this may have been solved. She said that they are concerned about the runoff going into the marsh land, which is a fragile ecosystem to begin with. Approved Planning Commission Minutes June 20, 2012 Page 7 Ms. Mason stated that they are also concerned that their neighborhood is full of homes for sale already. She said many are aging homes that are situated on or near Medicine Lake and already have cleared lots, utility lines and sewage hookups. She said that they offer the potential to the developer for the consideration of redevelopment of existing properties and also to the Planning Commission. She said that they encourage the city to consider giving incentives to developers who redevelop existing properties, rather than claiming new sites with natural habitat. She said that they encourage the city to consider the purchase of these two lots to alleviate the burden from the owner. She said the land is zoned for residential development but that the site has been found unsuitable by potential buyers many times, partially due to its steep incline and heavily wooded environment. She said that there would be many maintenance issues on a home at that incline. Ms. Mason asked that the city conduct an environmental impact study on this area, including the marsh lands and these two lots, prior to allowing any variances or construction permits. She said that they are willing to collect signatures for a petition for the study if deemed necessary. Ms. Mason stated that they wish no harm or ill will to the owners or developers. She said that they only wish to preserve this important land for current and future residents of Plymouth. She said they consider themselves long-term, tax paying residents who serve as stewards of Medicine Lake and the land. She said that birds, animals, amphibians and reptiles are also residents of Medicine Lake community. She said that their numbers have dwindled throughout the past 25 years and in particular, the last 5 years. Chair Davis introduced Jeff Bodner, 2745 Hemlock Lane North. Mr. Bodner asked whether or not there is any anticipated interruption of basic utilities for the homes on Hemlock in terms of water, electricity and cable and if so, if there are any procedures for notifying residents of those homes as to when those interruptions might occur and their duration. Chair Davis introduced the applicant, Marvin Michlitsch. Mr. Michlitsch stated that the application was fairly simple because it involves two established single family dwelling lots and he wants to build single family homes on them. He said the only necessity for a variance is that they are totally within the bluff and city regulations state that they cannot build within 30 feet of the bluff. He said that in order to build any type of building whatsoever, they need a variance. He said that there are only about ten trees per lot of any size that would be removed and there are a lot of small trees. Chair Davis asked the applicant to address the question about the interruption of services. Mr. Michlitsch responded that there should not be any interruption in water or sewer services. He said that there might be minor interruptions in electrical service but even that he is not sure of. He confirmed that any interruption would be in terms of just hours. Commissioner Nelson asked if they are intending to build spec homes or build when they have buyers. Mr. Michlitsch replied that they are intending to presell and do one lot at a time, starting with Lot 10. He said that they have someone tentatively interested and they have a house plan pretty much designed for that. He said that they have not designed the home for Lot 9 yet. Approved Planning Commission Minutes June 20, 2012 Page 8 Commissioner Petrash asked if all the other lots in the neighborhood are built on. Mr. Michlitsch responded that he believed that they all are and these are the only two empty lots. Commissioner Kobussen asked how much fill would be required in order to build a house on it and how the impervious surface was calculated. Mr. Michlitsch replied that he did hire a civil engineer to draw the plan and the calculations included the driveways, retaining walls, etc. He said that the movement of dirt is actually fairly minimal. He said that they tried to make their area of work as small as possible. He said the driveway in Lot 10 would be going into the natural slope so they would only need to add and build up on one side and then add retaining walls that go back down to grade. He said that in Lot 9, there is a fairly gentle slope and they would be disturbing very little there, too. He said they would have to build up a little on one side. He added that they still would need to work with the Engineering Department to resolve culverts and connection into the storm sewer. Mr. Michlitsch pointed out the larger trees marked on the site plan for removal. Commissioner Nelson stated that when homes are being built in an area like this (near a lake, on a bluff, with slopes, near natural areas), erosion is a concern for neighbors and people utilizing the lake. He asked if the city would be monitoring the erosion control closer with this type of home construction. Senior Planner Drill responded affirmatively. He said that in the resolution, it does call for additional silt fencing. He said during the construction process, both the city and the Watershed District would be performing onsite inspections to make sure that erosion control is being managed properly. Senior Planner Drill stated that in looking at a variance like this on a platted area where the only way to build on it is through a variance, there are three main things staff looks at. He said they look at erosion control during the construction period, the runoff and the foundation structure, which is part of the building permit process. He said that runoff was of great concern for staff to make sure that building on these lots does not create any down stream impacts. He said that was why staff required the applicant to work with a civil engineer to design a grading plan that would minimize any increase in the offsite conditions and also why the low area Mr. Michlitsch just pointed out would be piped underground to the existing storm sewer system. He said one of the other conditions requires that the drainage around the back of the houses also be routed to that area. He said that currently the drainage goes through the site, down the hill and off through the neighboring property and then eventually to the lake. He said that part of it would not change but there wouldn't be any increase in the amount of drainage because they are picking up most of the drainage and putting it directly into the storm sewer system. He added that 28th Avenue was just reconstructed and previous issues have been resolved. Planning Manager Thomson stated that the city does own a lot of open space in this area already and it would be difficult for the city to buy any more. She said in terms of park needs, it's definitely very well met. She said that these are two existing lots of record, so the owner has property rights to develop, assuming that they do it without impacting the rest of the environment and that's what the intent of the conditions is in the resolution. Approved Planning Commission Minutes June 20, 2012 Page 9 Planning Manager Thomson stated that as far as collecting any signatures for environmental review, that is certainly something the neighbors can do. She said that would be presented to the city council and then they act on whether or not they find it would provide additional information to make an appropriate decision in this particular case. She responded to Ms. Mason that this item is intended to move forward so if they wish to do it, they would need to do it very quickly. She added that in this particular case, an environmental review typically looks at many of the same things that the city looks at when we do a review and unless it's a very unusual type of situation, there typically isn't a lot of value added with an environmental review. She said that has been the case in other recent situations where people have petitioned the city. She responded to Ms. Mason that they would submit their petition to the Environmental Quality Board and then they contact the city. MOTION by Commissioner Petrash, seconded by Commissioner Robinson, to approve the request by Michlitsch Builders, Inc. for a variance to allow two new homes to be constructed within the bluff for each of the properties located at 12015 28th Avenue North and 12025 28th Avenue North. Commissioner Kobussen stated that he has some concerns that if what was presented is just concepts of homes that are going to be built, that what actually would be built will be determined when the lots are sold at some later date. He stated that maybe the time to ask for the variance is closer to when they know exactly what they are building and not this general -type variance. Chair Davis responded that the variance just authorizes them to build homes within the bluff, which they need to have in order to be able to build anything. Planning Manager Thomson replied that's correct and also stated there are conditions that relate to providing additional information if they disturb more than what they have currently submitted. She confirmed for Chair Davis that it is not an open ended variance. Planning Manager Thomson added that when they submit a building permit, they would have to provide this information as well. Roll Call Vote. 4 Ayes (Commissioner Kobussen voting nay). MOTION approved. 8. ADJOURNMENT MOTION by Chair Davis, with no objection, to adjourn the meeting at 8:00 p.m.