Loading...
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. Approved Planning Commission Minutes May 19, 2004 Page 2 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 Approved Planning Commission Minutes May 19, 2004 Page 3 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. Approved Planning Commission Minutes May 19, 2004 Page 4 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. Approved Planning Commission Minutes May 19, 2004 Page 5 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.