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HomeMy WebLinkAboutPlanning Commission Minutes 08-04-2004Approved Minutes City of Plymouth Planning Commission Meeting August 4, 2004 MEMBERS PRESENT: Chair Peggy Larson, Commissioners Frank Weir, Nancy Franke - Wilson, James Holmes, Kendall Griffith, Melissa Musliner, and Sarah Anderson MEMBERS ABSENT: None STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barbara Senness, Senior Planner Shawn Drill, and Office Support Representative Barb Peterson 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 August 4, 2004 Planning Commission Agenda. Vote. 7 Ayes. MOTION approved. 5. CONSENT AGENDA Item 5B was removed from the consent agenda and placed under new business as 7A. A. APPROVAL OF JULY 7, 2004 PLANNING COMMISSION MINUTES MOTION by Commissioner Griffith, seconded by Commissioner Musliner, recommending approval of the July 21, 2004 Planning Commission Minutes. Vote. 6 Ayes. Chair Larson abstained. MOTION approved. C. LJG PROPERTIES LLC (2004087) Chair Larson introduced the request by LJG Properties LLC for a site plan amendment for site improvements for property located at 10200 -51St Avenue North. MOTION by Commissioner Griffith, seconded by Commissioner Musliner, to recommend approval of the request by LJG Properties LLC for a site plan amendment for site improvements for property located at 10200 - 51St Avenue North. Vote. 7 Ayes. MOTION approved. Approved Planning Commission Minutes August 4, 2004 Page 2 6. PUBLIC HEARINGS A. CITY OF PLYMOUTH (2004050) Chair Larson introduced the request by the City of Plymouth for a zoning ordinance text amendment regarding mandatory revisions to the City's Floodplain Overlay District regulations pursuant to FEMA (Federal Emergency Management Agency) requirements. Senior Planner Drill gave an overview of the July 27, 2004 staff report. Chair Larson opened and closed the public hearing as no one was present to speak on the item. MOTION by Commissioner Larson, seconded by Commissioner Wilson, to recommend approval of the request by the City of Plymouth for a zoning ordinance text amendment regarding mandatory revisions to the City's Overlay District regulations pursuant to FEMA (Federal Emergency Management Agency) requirements. Roll Call Vote. 7 Ayes. MOTION approved. B. WILLIAM HULL (2004080) Chair Larson introduced the request by William Hull for a zoning ordinance text amendment to allow the temporary occupancy of the existing principal building on single-family lots during construction of a new home. Senior Planner Drill gave an overview of the July 27, 2004 staff report. Chair Larson asked whether the language examples given are included in the revised amendment. Senior Planner Drill said they are not in the ordinance because there are instances where the approval would be customized to a particular situation. Commissioner Wilson asked if other cities allow temporary occupancy while constructing a new building. Senior Planner Drill replied that it varies by city. Commissioner Wilson asked what the potential problems would be if this were to become a common occurrence. Director Hurlburt said a problem would be if they fail to remove the existing house and end up with two homes on the lot. She also said such applications likely would not be a common occurrence. She said the change would make it easier for owners to improve their property which would benefit the city. Approved Planning Commission Minutes August 4, 2004 Page 3 Commissioner Weir inquired about when a Certificate of Occupancy would be granted. Senior Planner Drill replied that a temporary Certificate of Occupancy could be granted when the new dwelling is ready to be occupied and before the old one has been demolished. Commissioner Anderson asked what would happen if they run out of money and exceed the time limit. Senior Planner Drill said it would be important to obtain financial guarantees before beginning the process. Commissioner Holmes asked if there is any protection against being able to move a dwelling onto the property such as a mobile home while a new home is being built. Senior Planner Drill said the language specifies the "existing building" on the lot, and that the building code would need to be followed, therefore, someone could not apply to move a mobile home or camper on a lot. Chair Larson introduced William Hull, 12024 26th Ave. N., the applicant. Mr. Hull said he initiated this process because the cost of remodeling his existing house would be very expensive and renting a place to live while building would add to the cost. Mr. Hull feels the amendment change would give the city more flexibility in working with citizens to improve their property. Chair Larson opened and closed the public hearing as no one was present to speak on the item. Commissioner Holmes commented that he doesn't think there would be very many parcels of land in the City of Plymouth with a similar situation. Commissioner Wilson said she is in favor of this amendment. MOTION by Commissioner Weir, seconded by Commissioner Anderson, to recommend approval of the request by William Hull for a zoning ordinance text amendment to allow the temporary occupancy of the existing principal building on single-family lots during construction of a new home. Roll Call Vote. 7 Ayes. MOTION approved. Approved Planning Commission Minutes August 4, 2004 Page 4 C. SANDERS ACKERBERG. (2004082) Chair Larson introduced the request by Sanders Ackerberg for a conditional use permit to allow an existing 7.5 -foot high fence to remain on property located at 18900 -12th Avenue North. Planning Manager Senness gave an overview of the July 27, 2004 staff report. Planning Manager Senness said that a neighbor brought in pictures of what the fence would look like from his property and did object to the fence. However, he was not able to attend the meeting. Commissioner Holmes asked if the fences are back to back. Planning Manger Senness said they are fairly close together. Commissioner Weir asked how long the fence has been in place. Planning Manager Senness said it was recently constructed. Chair Larson introduced Sanders Ackerberg, 18900 12th Ave. N., the applicant. Mr. Ackerberg explained where his fence is located and said the neighbors fence encloses a pool. He said the fences were not parallel, but did overlap 12 to 18 inches. Commissioner Weir asked how long fence has been in place. Mr. Ackerberg replied the fence has been in place about four weeks and he had it constructed to keep deer out of his yard. He felt the fence answered the needs he had and said the fence was constructed higher because of the grade. 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 Anderson, to recommend approval of the request by Sanders Ackerberg for a conditional use permit to allow an existing 7.5 -foot high fence to remain on property located at 18900 - 12th Avenue North. Roll Call Vote. 6 Ayes. Commissioner Holmes voted Nay. MOTION approved. D. HOM FURNITURE (2004090) Chair Larson introduced the request by HOM Furniture for a Planned Unit Development (PUD) amendment to increase the size of the HOM Furniture building located at 4150 Berkshire Lane. Senior Planner Drill gave an overview of the July 28, 2004 staff report. Approved Planning Commission Minutes August 4, 2004 Page 5 Chair Larson asked if the lighting on the building would be impacted by this change. Senior Planner Drill said any changes must comply with the Zoning Ordinance. Chair Larson introduced Wayne Johansen, 4150 Berkshire Lane N., representing the applicant. Chair Larson asked Mr. Johansen if there would be any lighting changes. Mr. Johansen said some lights may need to be re -directed. Mr. Johansen asked if the need should arise to lease out one of the spaces, would the uses listed in the ordinance still be allowable. Senior Planner Drill replied they would as the language of the PUD would not change. Mr. Johansen said the project will be done in stages and asked if they would need to add trees and shrubbery at this time. He stated the mezzanine might not be finished during the initial phase and explained the process by which they are planning to construct the addition. Senior Planner Drill replied that the additional landscaping could be tied to the second level completion date. Commissioner Griffith said he thought that when the building permit is applied for the landscaping would need to be included at that time. Mr. Johansen explained how the ceiling would be constructed, but explained that they may not pour the concrete floor until the final phase. Director Hurlburt said Condition #3 in the resolution could be clarified to tie the landscaping to the issuance of the building permit for the mezzanine. Commissioner Weir asked why the trees cannot be put in at this time. Mr. Johansen said the landscaping is crowded now and will require shuffling to balance the trees. Commissioner Anderson asked if it is feasible to have the additional trees on that lot. Senior Planner Drill said the applicant submitted a plan showing where the 47 additional trees could be planted. Chair Larson opened and closed the public hearing as no one was present to speak on the item. Chair Larson asked if the language regarding the trees should be changed in the recommendation. Director Hurlburt suggested adding additional wording to the resolution. Commissioner Musliner asked if there was a definite time frame for completion of the project. Approved Planning Commission Minutes August 4, 2004 Page 6 Senior Planner Drill replied that there is not a time limit for Planned Unit Developments. MOTION by Commissioner Weir, seconded by Commissioner Holmes, to recommend approval of the PUD amendment for HOM Furniture to increase the size of the HOM Furniture building located at 4150 Berkshire Lane, subject to the findings and conditions listed in the attached ordinance and to change Condition #3 in the resolution to read "Prior to issuance of the building permit needed to occupy the mezzanine area, the applicant should submit a final landscape plan, as approved by the City Forester, and a Site Improvement Performance Agreement and financial guarantee for the required additional trees." Vote. 7 Ayes. MOTION approved. NEW BUSINESS. 7A. RE/MAX RESULTS (2004083) Chair Larson introduced the request by Re/Max Results for variances for redevelopment of an undersized lot to allow construction of a new single-family home at 2725 Kirkwood Lane North. Planning Manager Senness gave a brief overview of the July 27, 2004 staff report. Commissioner Wilson asked for an explanation of the exact problem with the lot. Planning Manager Senness said the size of the lot is less than the lot size required in the zoning district. She said the owner of the lot bought it after the zoning change. Chair Larson stated that the lot was platted as property for a single family home. Commissioner Wilson asked when the lot was purchased. Planning Manager Senness said the zoning changed in 1996 and the lot was purchased by the current owner in 1999. Commissioner Weir stated the lot does not appear to be an odd size for the neighborhood and asked if the other homes in the area comply with the zoning. Planning Manager Senness stated that the other homes comply with the zoning and there have been no other requests for variances in that neighborhood. Chair Larson introduced Sherri Werner, 3145 Olive Lane N. and Coline Cowan, 2735 Kirkwood Lane N., the applicant. Approved Planning Commission Minutes August 4, 2004 Page 7 Ms. Cowan said she had encouraged the City to remove the old house because it was unoccupied and becoming dilapidated. She said she purchased the property shortly after the house was demolished and it was a buildable lot when she bought it. Chair Larson introduced Brenda Schaeffer, 2715 Kirkwood Lane. Ms. Schaeffer said their home is adjacent to the property owned by Ms. Cowan. Ms. Schaeffer stated their main concern for the property is that it is too small for a home to be built on. She said the lot is the same size as their lot and what was an appropriate lot size in 1915 is not appropriate today. Commissioner Weir asked Ms. Schaeffer when they purchased their home. Ms. Schaeffer said it was in 1999. He felt the Schaeffers must have been aware that the vacant lot would be built on at some point in time. Commissioner Holmes asked if they have offered to buy the lot from the owners. Ms. Schaeffer said they cannot compete with what builders can pay for the lot at this time. Chair Larson called on Sherri Werner again. Ms. Werner said the lot sold within 48 hours of being on the market and the lot does conform with the other lots. She feels that a nicely built house on the lot would add to the neighborhood value. Commissioner Wilson asked what the purpose of the lot variance is. Planning Manager Senness said the variance has nothing to do with the size of the house being built. The lot size is smaller than allowed in the district. Commissioner Holmes asked if a home in that area burned down would that pose the same issue. Director Hurlburt said that in a situation such as that, a new home can be constructed within six months in the same spot without a variance. Commissioner Griffith asked if that area should be rezoned. Director Hurlburt said that has been looked into for an area to the south but not in this area. Commissioner Weir stated this is the only open lot in that area so it would not be an issue. Planning Manager Senness concurred. MOTION by Commissioner Weir, seconded by Commissioner Musliner, to recommend approval of the request by Re/Max Results for variances for lot area and lot width to allow Approved Planning Commission Minutes August 4, 2004 Page 8 development of a non -conforming lot at 2725 Kirkwood Lane North. Vote. 7 Ayes. MOTION approved. 8. ADJOURNMENT MOTION by Commissioner Weir, seconded by Commissioner Griffith, to adjourn the meeting. The meeting adjourned at 8:18 p.m.