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HomeMy WebLinkAboutPlanning Commission Minutes 06-19-2002Approved Minutes City of Plymouth Planning Commission Meeting June 19, 2002 MEMBERS PRESENT: Acting Chairman David Gaither, Commissioners Kendall Griffith, Frank Weir, Jason Rohloff, James Holmes, and Peggy Larson MEMBERS ABSENT: Chairman Karl Neset STAFF PRESENT: Planning Manager Barbara Senness, Planner Rebecca Stoen, and Office Support Representative Janice Bergstrom 1. CALL TO ORDER - 7:00 P.M. 2. PUBLIC FORUM 3. APPROVAL OF AGENDA Acting Chairman Gaither stated the request by TOLD Development Company, Item 6A under Public Hearings, and the request by Sid Hartman, Item 7B under New Business have been withdrawn. Acting Chairman Gaither requested the addition of Item 7D to begin Planning Commission meetings with the Pledge of Allegiance. MOTION by Commissioner Weir, seconded by Commissioner Holmes, to approve the June 19, 2002 Agenda. Vote. 6 Ayes. MOTION approved. 4. APPROVAL OF MINUTES MOTION by Commissioner Weir, seconded by Commissioner Griffith, to approve the June 5, 2002 Planning Commission Minutes. Vote. 5 Ayes. MOTION approved. Commissioner Larson abstained. 5. CONSENT AGENDA A. KEITH AND KATHRYN WAARANIEMI (2002059) MOTION by Commissioner Rohloff, seconded by Commissioner Larson, to approve a variance to allow construction of a 24 -foot by 29 -foot addition that would encroach six feet into the side yard setback for property located at 11800 Sunset Trail. Vote. 6 Ayes. MOTION approved unanimously. Approved Planning Commission Minutes June 19, 2002 Page 2 B. JIM MCNALLY (2002060) MOTION by Commissioner Rohloff, seconded by Commissioner Larson, to approve a shoreland ordinance variance to exceed 25% impervious surface coverage to allow construction of a 10 -foot byl7-foot addition for property located at 1845 Ithaca Lane. Vote. 6 Ayes. MOTION approved unanimously. C. MULLER FAMILY THEATERS (2002064) MOTION by Commissioner Rohloff, seconded by Commissioner Larson, to approve a site plan to allow a 15,354 square foot expansion of the existing Willow Creek Cinemas and variance to the drive aisle setback from the principal structure for property located at 9900 Shelard Parkway. Vote. 6 Ayes. MOTION approved unanimously. D. BLUE WAVE VENTURES, INC. (2002068) MOTION by Commissioner Rohloff, seconded by Commissioner Larson, to approve a site plan amendment for Green Mill, located at 2705 Annapolis Lane North, to enclose one of the outdoor dining areas and a variance to allow a 4 -foot drive aisle setback where 10 feet is required. Vote. 6 Ayes. MOTION approved unanimously. E. THE TILE SHOP (2002069) MOTION by Commissioner Rohloff, seconded by Commissioner Larson, to approve a site plan amendment to allow construction of 13 additional parking spaces to accommodate an internal office space expansion for property located at 14100 Carlson Parkway. Vote. 6 Ayes. MOTION approved unanimously. 6. PUBLIC HEARINGS No Items. 7. NEW BUSINESS A. CONTINENTAL PROPERTY GROUP (2002044) Acting Chairman Gaither introduced the request by Continental Property Group for a site plan amendment for site improvements and a variance for exterior lighting at the Berkshire Office Buildings located at 2200 and 2300 Berkshire Lane. Planner Stoen gave an overview of the June 11, 2002 staff report. Commissioner Rohloff asked for clarification on the ordinance addressing the lighting which can be no higher than the roofline. Approved Planning Commission Minutes June 19, 2002 Page 3 Planner Stoen stated that the ordinance allows a maximum of 18 -foot high light poles based on the height of the principal building, which excludes the mechanical penthouse. Planner Stoen added that the City Attorney has concurred with this interpretation. Acting Chairman Gaither introduced Vicki VanDell of Landform Engineering. Ms. VanDell stated that since 1999 substantial improvements have been made to this building, including site work and landscaping which was not required by the City. Ms. VanDell stated the plans show 30' high light poles. There have been numerous conversations with staff regarding whether the roof is 34' or 18', and Ms. VanDell said based on the definition of a "building" in the ordinance, their position is that the roof is 34' because the area in question is actually occupiable space because it is fire sprinklered, fire rated and accessible by stairs. Ms. VanDell added that the applicant does not feel the variance is necessary but has complied with the request. Commissioner Gaither asked for clarification on the definition of roof line. Planner Stoen stated the definition of roof line is, "The line at which an exterior wall surface of a building departs from the vertical plane and typically where the horizontal plane of the roof commences." Planning Manager Senness stated the building is 18' in height, excluding the penthouses. This had been discussed with the applicant. Commissioner Holmes asked what the original plans indicated for building height. Planner Stoen said the building was identified as 18' in height on the building plans. Commissioner Gaither introduced the applicant, Bradley Hoyt, who stated he is the owner of the subject property. Mr. Hoyt stated he does not want action taken on any mistaken information. Mr. Hoyt said the building was built in 1968 and has always been considered 34' high. The second story was a mechanical penthouse but now is used for storage and would be usable for offices or second story conference rooms. The room is 16' high. Mr. Hoyt noted that the ordinance clearly states, "highest point in roof' - not "highest point". The definition of vertical plane of roof meeting the horizontal plane still indicates a 34' height. Mr. Hoyt said this is not a mechanical penthouse. Mr. Hoyt said the height of the roof is an absolute and whether that portion is 5% or 90% of the building is irrelevant. It was clear when the project was submitted it indicated structures on top of the roof which clearly show a 34' height. Mr. Hoyt said he is not replacing any light poles and did not understand the basis of the staff report which made reference to lights which were installed in 1999 that may need to replaced. Mr. Hoyt said the cost would be $1 million to replace lights and tear up the parking lot. If the City desires to change code, Mr. Hoyt suggested the ordinance be rewritten. Mr. Hoyt further stated that he felt the city attorney reviewed this matter with false information. Commissioner Gaither inquired if the mechanical penthouse is now vacant or if there are any mechanical equipment present. Approved Planning Commission Minutes June 19, 2002 Page 4 Mr. Hoyt responded that 60% of the building is occupied and although they had anticipated using the mechanical penthouse area as conference rooms, the real issue is whether or not it can be used as a conference room and is a usable space. Mr. Hoyt said there may be some residual piping remaining in the penthouse, but the outdated and problematic mechanical systems were removed by a mechanical salvage company who came in and removed equipment and electrical gear. Commissioner Rohloff asked if the penthouses have been used at any time as office space or rented out. Mr. Hoyt stated the ground level of the building was utilized by a video game company. The building sat vacant for 2 years and the decision was made to change its use as it was not viable as a distribution center. Thus, the single level office building remodeling has been in process for 1'/z years and added that a second tenant just moved in last week. Commissioner Rohloff then stated that he would conclude that these penthouses have not been occupied except for mechanical purposes only. Commissioner Larson asked if any variances would be required in order to utilize the mechanical penthouse as office space. Planning Manager Senness responded that the building department would review the space as it exists and determine any requirements, including those related to ADA. Additionally, staff would review the parking spaces to ensure parking would be adequate. Commissioner Larson said she did not feel there is enough information to make a decision. Commissioner Holmes concurred with Commissioner Larson that there is not enough information for the Commission to make a decision. Commissioner Gaither questioned if the mechanical penthouse area could be a viable space for occupancy and added that may redefine the roofline of this building. Planning Manager Senness stated that staff will need to review if this could be occupiable space and then review their interpretation of the building height. Commissioner Larson noted that this information would influence her decision in this matter. Mr. Hoyt noted that it is not occupiable in its present condition. Mr. Hoyt said he would just need to comply with the City's requirements and codes which he is willing to do. Mr. Hoyt added the current parking spaces are 150 stalls over the requirement for building. Mr. Hoyt reiterated that the question remains whether or not it is occupiable space and stated he feels it is. Planning Manager Senness noted that with enough money almost anything can be made occupiable but said she would be more comfortable reviewing the matter with building staff. Approved Planning Commission Minutes June 19, 2002 Page 5 MOTION by Commissioner Rohloff, seconded by Commissioner Holmes, to table Item 7A to the July 17, 2002 Planning Commission meeting to allow staff to determine if the mechanical penthouse space would be occupiable for office space and to re-evaluate the building height. Vote. 6 Ayes. MOTION approved. Mr. Hoyt commented that delays will cause problems because they cannot pull the permit to finish the parking lot. C. CITY OF PLYMOUTH Commissioner Gaither asked the Commission to consider cancellation of the July 3, 2002 Planning Commission Meeting due to the 4th of July holiday. MOTION by Commissioner Weir, seconded by Commissioner Rohloff, to cancel the July 3, 2002 Planning Commission meeting. Vote. 6 Ayes. MOTION approved. D. PLEDGE OF ALLEGIANCE MOTION by Acting Chairman Gaither, seconded by Commissioner Weir, to incorporate the Pledge of Allegiance into future Planning Commission meetings. Vote. 6 Ayes. MOTION approved. 8. ADJOURNMENT MOTION by Commissioner Gaither, seconded by Commissioner Weir, to adjourn. Vote. 6 Ayes. MOTION approved. The meeting adjourned at 7:45 p.m.