HomeMy WebLinkAboutPlanning Commission Minutes 05-19-2004Approved Minutes
City of Plymouth
Planning Commission Meeting
May 19, 2004
MEMBERS PRESENT: Chair Peggy Larson, Commissioners Kendall Griffith, Frank Weir,
Nancy Franke -Wilson, Sarah Anderson, and Melissa Musliner
MEMBERS ABSENT: Commissioner James Holmes
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barb
Senness, Senior Planner Marie Darling, Planner Rebecca Bowers, City Engineer Ron Quanbeck,
and Office Support Specialist Ranelle Gifford
1. CALL TO ORDER - 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. PUBLIC FORUM
4. APPROVAL OF AGENDA
MOTION by Commissioner Weir, seconded by Commissioner Wilson, recommending approval
of May 19, 2004 Planning Commission Agenda. Vote. 5 Ayes. MOTION approved.
5. CONSENT AGENDA
A. APPROVAL OF MAY 5, 2004 PLANNING COMMISSION MINUTES
MOTION by Commissioner Weir, seconded by Commissioner Wilson, to approve the May 5,
2004 Planning Commission Minutes. Vote. 5 Ayes. Commissioner Weir abstained. MOTION
approved.
B. SKYLINE DESIGN, INC. (2004031)
MOTION by Commissioner Weir, seconded by Commissioner Wilson, to approve the request
by Skyline Design, Inc. for a variance to allow construction of a 12 -foot by 20 -foot room addition
for property located at 1195 Weston Lane North. Vote. 6 Ayes. MOTION approved.
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C. RICHARD AND CAROLE KORBY (2004040)
MOTION by Commissioner Weir, seconded by Commissioner Wilson, to approve the request
by Richard and Carole Korby for a variance to allow an existing shed to remain in the front yard
for property located at 210 Vicksburg Lane North. Vote. 6 Ayes. MOTION approved.
6. PUBLIC HEARINGS
A. SENTINEL PROPERTY MANAGEMENT CORP. (2004036)
Chair Larson introduced the request by Sentinel Property Management Corp. for a conditional
use permit to allow 70% office use in the I-2 (General Industrial) zoning district for property
located at 9850 -51St Avenue North.
Planner Bowers gave an overview of the May 11, 2004 staff report.
Chair Larson opened and closed the public hearing as no one was present to speak on the item.
MOTION by Commissioner Weir, seconded by Commissioner Musliner, to approve the request
by Sentinel Property Management Corp. for a conditional use permit to allow 70% office use in
the I-2 (General Industrial) zoning district for property located at 9850 -51St Avenue North. Roll
Call Vote. 6 Ayes. MOTION approved.
7. NEW BUSINESS
A. BETH DRYDEN (2004025)
Chair Larson introduced the request by Beth Dryden for variances to allow construction of an
enclosed pool for property located at 2720 Quaker Lane North.
Senior Planner Darling gave an overview of the May 12, 2004 staff report. She stated this item is
a continuation of the public meeting from the May 5, 2004 agenda. She said since the May 5,
2004 Planning Commission meeting, the applicant has further addressed the issues of hardship,
attaching the structure to the home, the size of the building and additional circumstances relating
to the need for a pool. She stated letters from Pam and Tim Schmidt, Martin Bloch, MD and
Paula Harter were submitted in support of the applicant's request and are part of the public
record.
Chair Larson introduced the applicant, Beth Dryden, 2720 Quaker Lane North.
Ms. Dryden said her goal is to not only teach her son to swim but to build strength and
endurance. She said the whole project was planned around the pool size. She said she feels
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losing all of the trees would be considered a hardship. She said the impervious surface would
only increase by approximately 8 percent because they are already at 30 percent.
Chair Larson introduced Paula Harter, president of Accessible Environments, Inc.
Ms. Harter said that the recommendation for Ms. Dryden's son is to have access to a non -
chlorinated pool to facilitate his physical and mental development. She said Ms. Dryden's son is
protected under the Americans with Disabilities Act.
Commissioner Musliner asked if there are any non -chlorinated pools in the area associated with
hospitals or other facilities.
Ms. Harter said she was not aware of any.
Commissioner Musliner asked if the City attorney has advised staff on this matter.
Senior Planner Darling answered affirmatively. She said the question is if the handicap dictates
the need for a building that has to be constructed larger than 1,000 square feet.
Ms. Harter said the Dryden's doctor has indicated their child needs a pool without chlorine. She
said the proposed rain garden would solve any problem that may arise from the added impervious
surface coverage. She said in regards to the second variance request, the current policy only
allows a property the size of Ms. Dryden's to have an accessory building 60% the size of the
house. A smaller house could have an accessory building up to 83% the size of the house. She
said the request would be reasonable modifications to the policies.
Chair Larson said the size requirement of an accessory building is based on square footage not a
percentage of the size of the house.
Ms. Dryden said the pool size was average and that anything less would be difficult to swim laps
in. She said her architect has worked on the plans to make it as compact as possible.
Chair Larson asked if there is a full bathroom, stairs to the tunnel, and a spa.
Ms. Dryden answered affirmatively. She said the bathroom is a necessity because of the distance
from the house. She said the spa has therapeutic jets that would be beneficial to her son's
treatment.
Commissioner Griffith asked if the rain garden would be adequate to handle the added
impervious surface coverage.
City Engineer Quanbeck said a rain garden would be helpful for the impervious surface issue, but
is not a required trade for increased impervious surface coverage.
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Chair Larson asked if the tunnel has any impact on the impervious surface.
City Engineer Quanbeck said as long as the tunnel is covered by a foot or two of soil, it would
not have any significant impact.
Senior Planner Darling said the tunnel would be about 1.5 feet underground.
Commissioner Griffith asked if the hardship being presented is due to the lack of trees on the
property.
Senior Planner Darling said the applicant has indicated the hardship would be the loss of privacy
because of the loss of trees.
Chair Larson said she does not see the loss of trees and privacy as a hardship. She said it is more
of an inconvenience. She said she still supports denial of the request.
Commissioner Griffith said he can sympathize with the other aspects of this request but doesn't
want to set a precedent for similar future requests.
Ms. Harter said the variance is being requested under the Americans with Disabilities Act. Chair
Larson said this is not how the request was presented by the applicant. Ms. Harter said the
Americans with Disabilities Act is a Civil Law that protects the Dryden's son. Ms. Harter said
item 7 of the general prohibitions against discrimination states "A public entity shall make
reasonable modifications in policies, practices, or procedures when the modifications are
necessary to avoid discrimination on the basis of disability, unless the public entity can
demonstrate that making the modifications would fundamentally alter the nature of the service,
program, or activity."
Chair Larson said that is not the physical hardship of the property. She said the Planning
Commission is looking at the physical piece of property in regards to the Zoning Ordinance
regulations.
Director Hurlburt asked how this would constitute discrimination if the variance is not granted.
Ms. Harter said the Dryden's doctor said their son needs a pool that is not chlorinated which
excludes all public pools.
Commissioner Wilson asked why there is a need for a tunnel, a spa, etc. She said if the main
goal is physical and mental development for the child why not plan the project with the bare
minimum requirements to avoid the need for variances.
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Commissioner Weir said if the building was within the 1,000 square feet maximum there
wouldn't be any issues.
Ms. Dryden said the pool is not considered excessive in size, but it would require 3 feet of
decking to allow space for cleaning. She said the spa would be therapeutic in the future. She
said she would like the pool to be a social activity so her son can have friends over to swim with.
Chair Larson said the doctor does not state a minimum size the pool should be, only that it needs
to be non -chlorinated.
Ms. Dryden said if they were to attach the pool to the house, the neighbors would object.
Commissioner Weir said the issue is the size of the pool. He said if they would remain within
the 1,000 square feet requirement there wouldn't be an issue.
Ms. Harter said the Minnesota Building Code requires at least three feet of decking around a
pool.
Community Development Director Hurlburt said a 1,000 square foot building could
accommodate a 15 x 30 pool if the spa and bathroom were excluded.
OPEN MOTION by Chair Larson, seconded by Commissioner Wilson, 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. Roll
Call Vote. 6 Ayes. MOTION carries.
8. ADJOURNMENT
MOTION by Chair Larson, with no objections, to adjourn the meeting. The meeting adjourned
at 7:40 p.m.