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HomeMy WebLinkAboutPlanning Commission Minutes 05-21-2008Approved Minutes City of Plymouth Planning Commission Meeting May 21, 2008 MEMBERS PRESENT: Chair James Holmes, Commissioners Terry Jaffoni, Erik Aamoth, Karl Neset, Scott Nelson and James Davis MEMBERS ABSENT: Commissioner Frank Weir STAFF PRESENT: Planning Manager Barbara Senness, Senior Planner Marie Darling, Senior Planner Shawn Drill, and Office Support Representative Janice Bergstrom 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA MOTION by Commissioner Davis, seconded by Commissioner Jaffoni, to approve the May 21, 2008 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE MAY 7, 2008 PLANNING COMMISSION MINUTES MOTION by Commissioner Davis, seconded by Commissioner Jaffoni, to approve the May 7, 2008 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved. B. CITY OF PLYMOUTH (2008021) MOTION by Commissioner Davis, seconded by Commissioner Jaffoni, to approve the request by the City of Plymouth and the Plymouth -New Hope Little League Association for a site plan amendment to construct a 1,540 square foot multipurpose park building with restrooms and a concession area at Zachary Park located at 4355 Zachary Lane. Vote. 6 Ayes. MOTION approved. 6. PUBLIC HEARING A. BORDER FOODS, INC. (2008032) Chair Holmes introduced the request by Border Foods, Inc. for a Registered Land Survey RLS) to subdivide property in the Plymouth Station shopping center to create a new parcel for the Taco Bell restaurant. Senior Planner Darling gave an overview of the staff report. Approved Planning Commission Minutes May 21, 2008 Page 2 Commissioner Jaffoni asked for further explanation of the request for a separate easement. Senior Planner Darling said staff evaluated the platted properties and ensured the easements were correct. She said at the main entry the easements don't include the traffic signal and looping detectors. Senior Planner Darling said staff elected to correct that situation at this time so the City would have full access to repair if needed. Chair Holmes asked if the devices are on the Taco Bell property rather than in the easement for the street. Senior Planner Darling stated they are located on the shopping center property. Chair Holmes introduced the applicant, James Erickson, representing Taco Bell, who said he supports the conditions imposed in the resolution. Commissioner Davis asked the purpose of this request. Mr. Erickson clarified that if separate ownership is desired, a separate parcel must be created. Commissioner Jaffoni asked if there are future development ideas for the property. Mr. Erickson said he was not aware of any future development and that this facility was built to last. Chair Holmes opened and closed the public hearing as there was no one present to speak on the item. MOTION by Commissioner Jaffoni, seconded by Commissioner Nelson, to approve the request by Border Foods, Inc. for a Registered Land Survey (RLS) to subdivide property in the Plymouth Station shopping center to create a new parcel for the Taco Bell restaurant. Roll Call Vote. 6 Ayes. MOTION approved. 8. NEW BUSINESS A. DONALD AND DIANNE SALMELA (2008031) Chair Holmes introduced the request by Donald and Dianne Salmela for a variance to the side yard setback for construction of a third stall garage addition for property located at 5125 Forestview Lane North. Senior Planner Drill gave an overview of the staff report. Approved Planning Commission Minutes May 21, 2008 Page 3 Commissioner Neset asked if the garage could be moved to be flush with the back of the house, thereby requiring less of a variance. Senior Planner Drill explained that there are some trees in the back yard, and the applicants were hoping to not disturb those trees. Chair Holmes asked if there any other accessory structures on the property. Senior Planner Drill said no. Chair Holmes said a shed or freestanding garage would be an option. Commissioner Jaffoni asked if there would an impervious surface coverage issue with this proposal. Senior Planner Drill said the property is not in the shoreland district. Chair Holmes introduced Dianne Salmela, 5125 Forestview Lane N. Ms. Salmela said they could not move the garage stall back because there are a couple huge trees they would like to preserve, whereas only a couple small trees would be affected by the current proposal. Ms. Salmela said this proposal would be less obtrusive than having a detached garage which could sit six feet from the property line. She said storing a trailer outside is unattractive for neighbors. Ms. Salmela said they have been storing things under the deck, and are trying to keep the neighborhood neat. She said the garage set back six feet would be well hidden versus a detached garage which would be in view of the next door neighbor. Ms. Salmela stated that the neighbor has no problem with them adding a garage stall. Commissioner Nelson asked how they are storing the rental property equipment on site now. Ms. Salmela said the trailer sits on the concrete pad, tools are in the existing garage, the trash container is now outside, and the lawn mower is stored under the deck. She said if the trailer were in the third stall garage, they could keep tools in the trailer and not have to load and unload tools with every use. Commissioner Nelson asked what their intention is for the driveway of the third stall garage. Ms. Salmela said the driveway would extend to the garage, would be six feet from the property line, and would be designed to match the existing house. Commissioner Davis asked for setback information on a detached garage. Senior Planner Drill stated a detached garage could be located six feet from a rear or side lot line. Commissioner Davis asked if the driveway extension can be less than six feet from the adjacent property. Approved Planning Commission Minutes May 21, 2008 Page 4 Senior Planner Drill explained that the setback is six feet; however, an administrative permit could approve a three-foot setback if there is no drainage and utility issues. Commissioner Aamoth asked why the 10 -foot setback under the PUD was changed to a 15 - foot setback. Senior Planner Drill said a 15 -foot side yard setback has been the community standard for RSF-1 zoning for 30-40 years. He said when the rezoning was done in 1996, an analysis of lot size and lot width was done and lots were rezoned to the most closely matched district. Commissioner Nelson asked about if there is a setback problem with the far corner of the existing pad. Senior Planner Drill clarified a pad or patio area can be located within the 6 -foot setback, but if converted to a driveway, the setback would be reviewed. Commissioner Neset asked what portion of the proposed stall would be outside the setback if the original setback of 10 feet was applied. He asked if the home owner would be required to use materials to match the existing home. Senior Planner Drill displayed an approximation of the proposed garage stall using a 10 - foot setback, and noted that only a small corner of the garage addition would encroach under the previous 10 -foot setback. He said materials would need to match the existing home. Commissioner Neset suggested moving the garage back one to two feet, and agreed with the applicant that this would be more pleasing and less intrusive to the neighbor. Commissioner Jaffoni asked how far the garage could be moved back without hitting the trees. Ms. Salmela stated it is up to the tree already. Commissioner Jaffoni asked if all houses in the neighborhood conform to the 15 -foot setback. Senior Planner Drill said the homes were constructed under the PUD with 10 -foot or more setbacks. Senior Planner Drill added that if they are less than 15 feet, they are legally non- conforming. He noted that all homes in the neighborhood have double garages. Commissioner Jaffoni asked if the garage could be placed in the back yard. Approved Planning Commission Minutes May 21, 2008 Page 5 Ms. Salmela said there is no way to get back there, and the yard slopes in the back. She reviewed the trees, and said they are in a cul-de-sac which makes their lot unique. Ms. Salmela said this is the only option they had. Commissioner Davis said his concern is constructing the driveway to the garage. He indicated that swinging a trailer around the corner would be really close to the three-foot setback. Ms. Salmela said the trailer can be wheeled by hand, rather than backing it up. Chair Holmes said he likes to appease citizens, but this is a tough one. He said the garage is compressed in an area which just isn't compatible with what the applicant wants to do. He said he agreed with Commissioner Davis regarding the driveway. Chair Holmes said if we give a variance for the structure, the homeowner will be back for a variance for the driveway as there are only eight feet to wheel the trailer back. He said there is potential for a detached structure closer to the lot line located further back due to limitations of the lot. Ms. Salmela said that would block the neighbor's view more than this proposal. Commissioner Neset said the applicant has to meet the test to grant a variance and he is not seeing a defined hardship. He said he would be inclined to support the proposal if it were closer to the previous 10 -foot setback line, but this is too close to the lot line. Commissioner Aamoth asked if we have to be concerned about setting a precedent, as this doesn't readily appear to be a hardship. Planning Manager Senness clarified that each variance is reviewed own its own merits. This would not be precedent setting unless you had the exact set of circumstances in another request. MOTION by Commissioner Davis, seconded by Commissioner Nelson, to deny the request by Donald and Dianne Salmela for a variance to the side yard setback for construction of a third stall garage addition for property located at 5125 Forestview Lane North. Commissioner Aamoth said he supports the variance because at times the good work of government gets in the way of common practical sense and because the neighbor does not have an issue. Commissioner Neset said we have to think as a City when property owners need "wiggle room" for good reasons so they don't have to search for another place. He said this request is borderline, but he can't support the variance because the six feet is not close enough to Approved Planning Commission Minutes May 21, 2008 Page 6 the ten feet. Commissioner Neset said we need to give some thought on the usefulness of the property for a long time. Chair Holmes said he will not support the variance request, and recommended looking at alternatives such as a detached garage, or the feasibility of shifting the structure further back, or shortening the depth of the garage to 18 feet rather than 22 feet. Roll Call Vote. 5 Ayes. MOTION approved. Commissioner Aamoth Voted Nay. B. JULY 2, 2008 PLANNING COMMISSION MEETING Planning Manager Senness said the scheduled July 2, 2008 Planning Commission Meeting coincides with Music In Plymouth. She said items could be moved to the previous or subsequent meetings and recommended canceling the July 2, 2008 Planning Commission Meeting. MOTION by Commissioner Davis, seconded by Commissioner Neset, recommending canceling the July 2, 2008 Planning Commission Meeting. Vote. 6 Ayes. MOTION approved. 8. ADJOURNMENT Chair Holmes asked that we remember Planning Commissioner Frank Weir and his family in our thoughts and prayers during his illness. MOTION by Chair Holmes, without objection, to adjourn the meeting at 7:48 p.m.