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HomeMy WebLinkAboutPlanning Commission Minutes 05-05-2004Approved Minutes City of Plymouth Planning Commission Meeting May 5, 2004 MEMBERS PRESENT: Chair Peggy Larson, Commissioners Kendall Griffith, James Holmes, Melissa Musliner and Sarah Anderson MEMBERS ABSENT: Commissioners Frank Weir and Nancy Franke -Wilson STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barb Senness, Senior Planner Marie Darling, Associate Planner Kip Berglund, City Engineer Ron Quanbeck, 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 Griffith, seconded by Commissioner Musliner, recommending approval of the May 5, 2004 Planning Commission Agenda. Vote. 5 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF APRIL 21, 2004 PLANNING COMMISSION MINUTES Commissioner Musliner requested a change in wording (Item 6C, Page 4, Paragraph 1), to read, Commissioner Musliner asked if there are currently night games at the existing facility that require lighting, and asked if the new facility would be staffed." Commissioner Holmes requested a correction in wording (Item 6C, Page 9, Paragraph 2), changing "80 yards" to "100 yards". MOTION by Commissioner Holmes, seconded by Commissioner Griffith, to approve the amended April 21, 2004 Planning Commission Minutes. Vote. 5 Ayes. MOTION approved. Approved Planning Commission Minutes May 5, 2004 Page 2 B. SAWHORSE DESIGNERS/BUILDERS, INC. (2004033) MOTION by Commissioner Holmes, seconded by Commissioner Griffith, to approve the request by Sawhorse Designers/Builders, Inc. for a variance for front and side yard setbacks for construction of a garage addition at 11420 49th Place N. Vote. 5 Ayes. MOTION approved. C. PLYMOUTH PRESBYTERIAN CHURCH (2004034) MOTION by Commissioner Holmes, seconded by Commissioner Griffith, to approve the request by Plymouth Presbyterian Church for a site plan amendment and variance to allow construction of a playground area at Plymouth Presbyterian Church located at 3755 Dunkirk Lane North. Vote. 5 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. BENJAMIN STEINKRAUS (2004027) Chair Larson introduced the request by Benjamin Steinkraus for a Conditional Use Permit to allow a detached garage over 1,000 square feet to be constructed at 5910 Lawndale Lane N. Associate Planner Berglund stated that due to information received today from a neighbor complaint regarding the possibility of fill in excess of 50 cubic yards and the possible filling of a wetland, staff recommends opening the public hearing and continuing this item while the new information is reviewed. Chair Larson opened the public hearing. No one was present to speak. MOTION by Commissioner Anderson, seconded by Commissioner Griffith, to continue the request by Benjamin Steinkraus for a Conditional Use Permit to allow a detached garage over 1,000 square feet to be constructed at 5910 Lawndale Lane N. to allow staff to process new information. Vote. 5 Ayes. MOTION approved. B. WATERDALE LAND DEVELOPMENT, INC. (2004021) Chair Larson introduced the request by Waterdale Land Development, Inc. for rezoning, preliminary plat and variance to allow construction of three two-family structures to be called Ferndale Estates" located on the southeast corner of the intersection of Ferndale Road and County Road 6. Senior Planner Darling gave an overview of April 27, 2004 staff report. Chair Larson said she is concerned about visibility because of trees along County Road 6 for turns at the T -corner and inquired if there are any traffic studies being conducted for this area. Approved Planning Commission Minutes May 5, 2004 Page 3 Senior Planner Darling said no traffic study is being conducted. She stated the proposed trees would be far enough back so there would be no site visibility issues and added that there is adequate space between the trees and roadway to accommodate a future trail. Chair Larson introduced the applicant Bob Dale, Waterdale Land Development, Inc. Mr. Dale said the proposed homes would sell for mid -$800,000's and would be designed as single level living, anticipating buyers in the 55+ age bracket with features in the townhomes conducive to that age bracket. Mr. Dale said he concurs with the staff report and commended staff for their assistance. Chair Larson opened the public hearing. Chair Larson introduced Steve Hornig, 2830 Breezy Heights Road, Wyoming MN, who stated he is representing Mamie Stimpson, 19040 County Road 6. Mr. Hornig stated that Ms. Stimpson's general concerns are the density of the proposal - which is not consistent with the surrounding single family neighborhood, increased traffic, site lines, and the impact this development would have on the wetland area which makes up half of the subject property area. Mr. Hornig said the developer is requesting the most dense of options available and he believes, given the inconsistency and incompatibility with single family homes and possible degradation of wetland, the Planning Commission would be remiss if they do not look at other options. Mr. Hornig addressed the replatting and said if each of the proposed 7 lots were tested, none would result in a buildable lot when comparing to setback and other requirements. Mr. Hornig said a base lot concept would be difficult because it only applies when there is a subdivision, which is defined as one where a street, road or alley is being deeded or dedicated to the city as part of a development. Mr. Hornig stated this is a private driveway, so technically there is no subdivision under the ordinance. Mr. Hornig concluded that the only reason the Commission is considering a variance is because the applicant is requesting the most dense application, which is a self- imposed hardship. If the developer had to conform to the turn around requirement, maybe only 2 or 4 units would be on this property. Chair Larson introduced Sandy Ackerberg, 18900 12th Avenue North. Mr. Ackerberg said he is concerned about the traffic situation for 6 more residents to access on north Ferndale, where he notes traffic is moving at 40-50 mph in a 30 mph zone. Mr. Ackerberg has observed traffic going west on County Road 6 at speeds of 50-60 mph. Mr. Ackerberg said he is not totally opposed to proper development of this property and feels the development could be just as successful if the number of units were limited to four. As an architect for over 50 years, Mr. Ackerberg said most developers he has worked with want to put the most units possible because every unit sells for more money than not. Mr. Ackerberg said the cost of land has risen dramatically but that is not a good enough reason to crowd development. Chair Larson introduced Matt Edwards, 1250 Fountain Place N. Mr. Edwards inquired about saving the 30 year old, 40 -foot arborvitae hedge which currently screen the neighborhood. He Approved Planning Commission Minutes May 5, 2004 Page 4 asked if an arborist has reviewed this screen because the proposed development would be very close and the extensive root system may not show damage at the time of development, but may eventually die. Mr. Edwards said traffic from the proposed six units will add to traffic back up on 12th Avenue and it appears there will be congestion within the development also. Mr. Edwards said 42 mph. is the average speed on Ferndale and thanked the City for the speed study reviewing the traffic situation. Chair Larson introduced Caroline Ackerberg, 18900 12th Avenue North. Ms. Ackerberg asked if the existing curb cut on the property proposed for development could be used for access. Ms. Ackerberg concurred that traffic speed is a concern for the area, and access and visibility are issues at Ferndale and County Road 6. Ms. Ackerberg asked if the 7 additional units will stress the sewer line. Ms. Ackerberg expressed concern about disturbing wildlife in the wetland and the degradation of the quality of the water in the pond. Ms. Ackerberg wants to maintain the quality of Plymouth but is seeing smaller lots and bigger houses especially compared to lots in Orono. Sandy Ackerberg, suggested a traffic study be conducted for the intersection of Ferndale and County Road 6. He said to make a right hand turn, a driver has to maintain the tip of the corner in an open position to see cars going west and this poses an accident waiting to happen. Chair Larson closed the public hearing. Director Hurlburt disagreed with Mr. Hornig's comment that this property does not qualify as a subdivision. Director Hurlburt stated that while no new road is created, there is dedication of a right of way to the public for roads. Director Hurlburt stated this is not an uncommon type of subdivision and is consistent with Plymouth's and other cities' definition of a subdivision under state law. Chair Larson commented that it would be grand to have lots of land for each home, but the density for the proposed development is consistent with the City's Comprehensive Plan which establishes a minimum density goal of two units per acre and a maximum allowable density of three units per acre. Chair Larson added there could be housing which is more affordable, however, that is not part of this plan. Mr. Dale stated he and staff have followed guidelines as established. Mr. Dale said he wants to preserve the arborvitae hedge with a goal of adding, not detracting, from the community. Mr. Dale introduced Lance Elliott, Master Engineering, 2104 4th Avenue South. Mr. Elliott said a wetland buffer would be established and all drainage, with the exception of one small area, will drain to the wetland. Mr. Elliott stated they have exceeded the best storm water management practices for the proposed development. Mr. Elliott referenced the variance and said either sprinkled buildings or the turnaround would meet the fire code requirements. Mr. Elliott said Hennepin County would require approximately 20 feet of additional right-of-way as a result of Approved Planning Commission Minutes May 5, 2004 Page 5 this development and he has discussed with them the existing trees on the corner of County Road 6 and Ferndale which he feels contribute to limited site lines right now. Mr. Elliott said additionally there would be very little grading from the foundation, and the rip line should provide an extra precautionary measure for tree protection and not impact the arborvitae. Director Hurlburt asked where the private driveway would be in relation to the existing curb cut. Mr. Elliott said the new private driveway would access from Ferndale Road adding they are beyond the minimum required distance of 150 feet for these six homes. Mr. Elliott said there would be a private curb cut with the concrete curb finished to the highest level. Director Hurlburt asked where the sewer service would connect. Mr. Elliott stated the applicant would be paying for a new sanitary stub which would be added at the south property line. This service would provide additional service to the north and possibly to the east for additional residences. City Engineer Quanbeck added this sewer connection would have ample capacity to provide service for all this development and north of it. Commissioner Anderson asked if this development would be part of an association and asked where snow would be plowed. Mr. Dale responded it would be a private association for the 6 homeowners and the snow removal had not been discussed. Commissioner Musliner asked if the proposed lots meet lot width requirements. Director Hurlburt stated this request, which does constitute a subdivision as defined by the zoning ordinance and is consistent with the city attorney's interpretation, meets the lot requirements. Commissioner Anderson said she is concerned about the traffic and pedestrian safety and has personally observed County Road 6 to be a fast moving road. The proposed development being a compatible use in the neighborhood and snow removal remain concerns and Commissioner Anderson said she will vote no to the proposal. Commissioner Griffith said he does not feel this application meets the requirements of variance standards. Commissioner Griffith stated that without the variance, the application does not work and he will not support it. MOTION by Chair Larson, seconded by Commissioner Musliner, recommending approval of the request by Waterdale Land Development, Inc. for rezoning, preliminary plat and variance to Approved Planning Commission Minutes May 5, 2004 Page 6 allow construction of three two-family structures to be called "Ferndale Estates" located on the southeast corner of the intersection of Ferndale Road and County Road 6. Chair Larson said she that while she does have concern about traffic, the additional 6 residences will not exacerbate Ferndale Road traffic any further. Chair Larson stated she feels the proposal is consistent with the City's Comprehensive Plan and does meet lot area dimension requirements. Commissioner Musliner said she would prefer less density, but the developer is within his rights as set forth by law and does support the project. Commissioner Holmes said he does not have a problem with the design of the development, and is compelled to vote in favor. Roll Call Vote. 3 Ayes. Commissioners Anderson and Griffith voted Nay. MOTION approved. C. CITY OF Plymouth (2004001) Chair Larson introduced the request by the City of Plymouth for a Comprehensive Plan amendment to amend the 2004-2008 Capital Improvements Program (CIP). Director Hurlburt gave an overview of the April 21, 2004 staff report. Chair Larson opened and closed the public hearing as no one was present to speak. MOTION by Commissioner Holmes, seconded by Commissioner Musliner, to approve the request by the City of Plymouth for a Comprehensive Plan amendment to amend the 2004-2008 Capital Improvements Program (CIP). Roll Call Vote. 5 Ayes. MOTION approved. 7. NEW BUSINESS A. BETH DRYDEN (2004025) Chair Larson introduced the request by Beth Dryden for variances to impervious surface and accessory structure size to allow construction of an enclosed pool structure for property located at 2720 Quaker Lane North. Senior Planner Darling gave an overview of the April 27, 2004 staff report. Chair Larson introduced the applicant, Beth Dryden, 2720 Quaker Lane North. Ms. Dryden said she has been working with Senior Planner Darling and was assured everything was okay until 2 days ago when she found out from Senior Planner Darling the request is being recommended for denial. Ms. Dryden said if the structure were attached to house, she would not need the variance Approved Planning Commission Minutes May 5, 2004 Page 7 for an accessory building and offered to attach the pool structure to the house if necessary. Ms. Dryden said the neighbors to the south would probably prefer the detached structure so they would not have to look at it. She stated an architect had agreed the building would look nicer detached. Ms. Dryden said she would like one variance approved so she can move ahead to do whatever she can to help her son. Ms. Dryden said she interprets having to cut down trees in her backyard a hardship. Her conditions are unique to her land as she has the only lot losing all their trees and all privacy. Ms. Dryden said replanting new trees would take a long time to establish privacy. Ms. Dryden said that if the pool structure would not hurt the environment or neighbors, who have been supportive, she said she feels it should be up to the neighbors to decide. She said the house is 2,800 square feet so it would be very obvious which structure is the house. Ms. Dryden stated she feels she has successfully met the standards for both variances. Commissioner Musliner asked if neighbors were notified and had opinions to this project. Senior Planner Darling said neighbors had been notified and she had received no calls regarding the proposal. Commissioner Musliner noted that discussion was on privacy and removal of trees with Dutch elm disease, but Ms. Dryden's letter stated this pool structure is mainly for her son. She asked for clarification of the purpose of the structure. Chair Larson said the request is for a very large building and stated the pool structure could be built to fall within the maximum 1,000 square feet. She echoed Commissioner Musliner's question regarding the purpose of the structure. Ms. Dryden responded that both issues are of concern, and her son is more important than obtaining privacy. Ms. Dryden stated that privacy is an issue and the pool building would offer privacy as they can see right into the neighbor's living area. Ms. Dryden said that last year 14 Elm trees were cut down and there will be more cut down this year; she said she doesn't want a fence. For physical therapy for her son, the building would not have to be as large as requested. Ms. Dryden said the cost could be between $400,000 and $600,000. She said a smaller building would still cost $350,000 and would only be able to be used for physical therapy for her son, and it would not cost that much more to make it more usable, look nicer and they could have people over to use the building. Commissioner Griffith said he cannot support an application which does not clearly meet variance standards. Chair Larson concurred and stated that if the purpose of the accessory building is for the applicant's son, that could be accomplished by following the ordinance as stated and meet the minimum requirements. Chair Larson said because it would be nicer to have the building bigger is not a compelling reason to exceed the ordinance. Approved Planning Commission Minutes May 5, 2004 Page 8 Commissioner Holmes said requests often come before the Commission in terms of impervious surface area and size of unattached structure, but said neither of the variance requests are a close call. Commissioner Holmes said this request shows significant changes to what the zoning ordinance states, so he cannot rationally support the request for these variances. MOTION by Chair Larson, seconded by Commissioner Anderson, to deny the request by Beth Dryden for variances to impervious surface and accessory structure size to allow construction of an enclosed pool structure for property located at 2720 Quaker Lane North. Ms. Dryden asked if the Commission could recommend approval of one variance for a 38.7% impervious surface coverage and attach the pool structure to the house. Ms. Dryden reiterated she feels the structure would look worse attached than detached. MOTION by Commissioner Anderson, seconded by Commissioner Holmes, to table the request by Beth Dryden for variances to impervious surface and accessory structure size to allow construction of an enclosed pool structure for property located at 2720 Quaker Lane North to allow Ms. Dryden an opportunity to rework the plan. Commissioner Griffith stated a 38.7% impervious surface with a rain garden is not satisfactory he would not be in support of this request because of the amount of impervious surface coverage. Any future plan for review needs to lessen the amount of impervious surface. Chair Larson concurred with Commissioner Griffith. Commissioner Musliner pointed out that Ms. Dryden's property is starting out at 30% impervious surface, so to her the extra 8-9% is not as large an increase. Roll Call Vote. 4 Ayes. Commissioner Musliner voted nay. MOTION to table approved. Senior Planner Darling noted a correction for the review period deadline from June 10, 2004 to July 10, 2004. 8. ADJOURNMENT MOTION by Chair Larson, with no objections, to adjourn the meeting. The meeting adjourned at 8:42 p.m.