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HomeMy WebLinkAboutPlanning Commission Minutes 01-04-2006Approved Minutes City of Plymouth Planning Commission Meeting January 4, 2006 MEMBERS PRESENT: Chair Frank Weir, Commissioners E. J. Clyman, Nancy Franke - Wilson, Melissa Musliner, Kathleen Murdock, Sarah Anderson and James Holmes MEMBERS ABSENT: None STAFF PRESENT: Planning Manager Barbara Senness, Senior Planner Shawn Drill, Associate Planner Kip Berglund, 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 Wilson, seconded by Commissioner Musliner, to approve the January 4, 2006 Planning Commission Agenda. Vote. 7 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE DECEMBER 7, 2005, PLANNING COMMISSION MINUTES MOTION by Commissioner Murdock, seconded by Commissioner Holmes, to approve the December 7, 2005 Planning Commission Minutes. Vote. 7 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. CHAMPION PATIO ROOMS (2005145) Chair Weir introduced the request by Champion Patio Rooms for a planned unit development amendment for a patio room addition and deck for property located at 15660 17th Avenue North. Associate Planner Berglund gave an overview of the December 28, 2005 staff report. Associate Planner Berglund indicated that the Planning Commission had received a copy of an e-mail from Katie Hall opposing the proposed addition. Chair Weir asked if the homeowners association approved this proposed addition. Approved Planning Commission Minutes January 4, 2006 Page 2 Associate Planner Berglund said a written letter of approval from the homeowner association is included as an attachment to the staff report. Commissioner Holmes asked for more detail regarding the jagged lot line. Associate Planner Berglund displayed the survey indicating the property line and addition and pointed out that only the corner of the two proposals would encroach into the required setback. Planning Manager Senness added that this is considered a "zipper lot", and all lots in the area have this jog. Commissioner Holmes questioned if the PUD amendment is necessary because of the design of the structure chosen. Associate Planner Berglund answered affirmatively. Commissioner Clyman asked if other homes have additions and what is different about this lot from other lots if they are the same size and are also zipper lots. Planning Manager Senness responded that the homes are different design and placement of an addition could vary. Chair Weir introduced the applicant, Barry Nelson, 15660 17 Avenue N., who said he did not know of the 10 -foot setback requirement when this was proposed. He said because of the jagged angles he can stand in his neighbor's yard, but technically be on his own property. Mr. Nelson clarified that only a corner of the patio is encroaching, not the whole 15 feet, and said perhaps Ms. Hall did not understand that. Commissioner Anderson asked if the owner would shrink the addition which would put it in the middle of the sliding door, would it be impossible to enter the home. Mr. Nelson responded affirmatively. Chair Weir opened the public hearing. Chair Weir introduced Glen Hohenstein, 15700 16th Place N. Mr. Hohenstein said that when he built his home in 1991, he was told they could cover only a certain amount of the lot, and there were a limited number of models to choose from. Mr. Hohenstein said he assumed this was a City requirement rather than the homeowner association. Mr. Hohenstein concurred with the concerns outlined in Ms. Hall's e-mail, and said he does not like granting an exception because the lack of control is gone. Chair Weir introduced Rich McFarland, 15705 16th Place N., who said he lives perpendicular to the property, and is a member of the board of directors. He reiterated Approved Planning Commission Minutes January 4, 2006 Page 3 Commissioner Clyman's question about setting a precedent as they have never done this. Mr. McFarland said the board has been approached one or two times in the last 12 years regarding room additions. Mr. McFarland questioned if the size of the porch addition changed from the original request presented to the board. Mr. Nelson clarified that the proposal has not changed, and added that his immediate neighbors have no objection to the addition. Chair Weir closed the public hearing. Commissioner Holmes asked if the PUD amendment would follow a specific property location or apply to the whole planned unit development. Planning Manager Senness stated the amendment applies to just this property location. Commissioner Anderson asked if there is an impervious surface issue with this proposal, and if the only reason the applicant is here is because of the encroachment. Planning Manager Senness said there is no impervious surface issue; the 3 -foot encroachment is the only issue. Commissioner Clyman asked if the location of the door opening is for utility reasons. Chair Weir introduced Steve Collier, 5100 St. Hwy. 169, who said he is the installation manager for Champion Patio Rooms. Mr. Collier explained there is just enough room from the edge of the window casing on the right side to create the 15.5 -foot addition. He said they cannot go smaller because of the window and door location and the ability to fasten onto the existing house. MOTION by Commissioner Clyman, seconded by Commissioner Wilson, to approve the request by Champion Patio Rooms for a planned unit development amendment for a patio room addition and deck for property located at 15660 17th Avenue North. Commissioner Holmes stated he is not in favor of this request. Commissioner Holmes said the structure could be modified to take the 3 -foot triangle into consideration and not require an amendment. He said there is relatively high impervious surface coverage in this area, and this is not a typical family lot where there is a substantial yard. Commissioner Holmes concluded that setting this precedent throughout the development is not a wise direction. Roll Call Vote. 6 Ayes. MOTION passed. Commissioner Holmes voted nay. Approved Planning Commission Minutes January 4, 2006 Page 4 B. WILLIAM THOMPSON (2005146) Chair Weir introduced the request by William Thompson, representative of Glory of Christ Lutheran Church, for an interim use permit to allow placement of fill material at their site located at 4040 County Road 101. Senior Planner Drill gave an overview of the December 27, 2005 staff report. Chair Weir asked if the fill would have to be removed if the permit is denied. Senior Planner Drill said yes, adding that the site is not presently in compliance with the grading plan on record with the City. Commissioner Holmes asked if there is a wetland east of the property, and if erosion has occurred a result of this fill. Senior Planner Drill said the wetland area is within the MnDot right-of-way to the east. He said the fill was placed to resolve an erosion problem on the church site where there were some small wash out areas draining toward the wetland. A silt fence is required and vegetation would stabilize the slope to prevent future erosion. Chair Weir introduced the applicant, William Thompson, 9640 26th Avenue N., representing Glory of Christ Church. Mr. Thompson apologized for placing the fill without the proper approvals. Mr. Thompson said that prior to 1995 the area surrounding the church was agricultural. Mr. Thompson said the church gave CVS permission to put fill along their property line. He stated the contractor for CVS did not obtain the necessary permits for this fill. Mr. Thompson said the survey for CVS showed the final grade of CVS 3 feet above the church property. Mr. Thompson stated the fill was necessary to match the two grades. Mr. Thompson said the SIPA requires that CVS restore the property that they disturbed. Senior Planner Drill said CVS may be responsible for restoration of this area. Staff will review the SIPA and work with both parties to resolve the matter. Chair Weir opened and closed the public hearing. MOTION by Commissioner Anderson, seconded by Commissioner Wilson, to approve the request by William Thompson for an interim use permit to allow placement of fill material at Glory of Christ Lutheran Church, 4040 County Road 101. Roll Call Vote. 7 Ayes. MOTION passed unanimously. 7. NEW BUSINESS Approved Planning Commission Minutes January 4, 2006 Page 5 8. ADJOURNMENT MOTION by Commissioner Holmes, seconded by Commissioner Musliner, to adjourn the meeting at 7:38 p.m.