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.
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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
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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
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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.
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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
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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.
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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.
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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.
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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.