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HomeMy WebLinkAboutPlanning Commission Minutes 12-04-2002Approved Minutes City of Plymouth Planning Commission Meeting December 4, 2002 MEMBERS PRESENT: Chairman Karl Neset, Acting Chairman David Gaither, Commissioners Jason Rohloff, Frank Weir, James Holmes, Kendall Griffith and Peggy Larson MEMBERS ABSENT: None STAFF PRESENT: Planning Manager Barbara Senness, City Engineer Ron Quanbeck, Associate Planner Kip Berglund 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 Larson, seconded by Commissioner Weir, to approve the December 4, 2002 Planning Commission Agenda. Vote. 7 Ayes. MOTION approved. 5. APPROVAL OF MINUTES MOTION by Commissioner Weir, seconded by Commissioner Rohloff, to approve the November 20, 2002 Planning Commission Minutes. Vote. 7 Ayes. MOTION approved. 6. CONSENT AGENDA 7. PUBLIC HEARINGS 8. NEW BUSINESS A. BARB FONTAINE (2002142) Acting Chairman Gaither introduced the request by Barb Fontaine for a variance for driveway setback and width for property located at 16955 -40th Avenue North. Approved Planning Commission Minutes December 4, 2002 Page 2 Associate Planner Berglund gave an overview of the November 26, 2002 staff report. Acting Chairman Gaither introduced the applicant, Barb Fontaine, 17020 -39th Court North. Ms. Fontaine stated she disagrees with the recommendation staff has put forth to deny her request for variance. Ms. Fontaine stated she is very familiar with the traffic levels in the neighborhood. She stated her number one concern when choosing this location to build a home was safety for her children. She stated her builder had never informed her of the 40 -foot setback requirement. She stated when much of the house was already built is when she was made aware of the setback requirements. She stated her plans from the builder showed a straight-line driveway. She stated the stairway leading into the house is on the far left side of the garage. She stated she had intended to park in the left stall for easier access into the house. She stated her garage is closer to the street than most in the neighborhood. She stated the curve in the driveway would be a distraction and result in hardship for daily use of the driveway. She stated with a curved driveway she would not be able to safely maneuver her SUV in and out of the driveway. She stated the design would not help oncoming traffic to notice a vehicle backing out of the driveway. She stated the driveway is not deep enough to park two vehicles back to back. She stated in the future, as her children grow up, there would be at least three other drivers in need of parking space. She noted that two other homes in the neighborhood have driveways that have setbacks less than 40 feet and didn't receive variances. She stated safety should be the main concern with this issue. She stated she feels an awkward turn in the driveway causes a hardship. She stated when pulling into the driveway, it would be safer to be on the left side of her garage. She stated her garage is at the minimum setbacks to north and west sides of the lot, at least in part based on drainage issues. She stated her driveway has less space than most in the neighborhood. She stated 28% of the homes have full width driveways. She stated 61% are slightly tapered. She stated this request is not for the convenience factor. She stated that not all homes in the Holly Creek 5th Subdivision comply with the setback requirements. She stated that a straight backing up path would add to the safety levels in the neighborhood. She asked that her request for variance be granted. Acting Chairman Gaither introduced Tad Anderson, Anderson Design, Minnetonka. Mr. Anderson stated he is the applicant's landscape designer. Mr. Anderson stated the architectural design of the home is a prairie style. He stated the landscape design fits in with the straight-line style. He stated the north side of the garage is the true parking portion. The landscape design fits in with the straight line proposed driveway. He stated there is some built-in buffering at the intersection. He stated there is a clear sight line from the intersection and through to the driveway and doesn't see any safety issues. Chairman Neset asked Ms. Fontaine for more explanation of the drainage issues and how they relate to the driveway. Approved Planning Commission Minutes December 4, 2002 Page 3 Ms. Fontaine stated the house is positioned at the minimum setback requirements at the front and side yard. She stated there were some drainage issues that were resolved with drain tile and two sump pumps. Commissioner Holmes asked about the proposed landscape and if the bushes at maturity would block the view from 40th Avenue. Mr. Anderson stated these bushes would be setback from the property line so as not to cause any site obstruction. Commissioner Holmes asked if the bushes would be about 8 feet in diameter at full maturity and if so, would that obstruct the view. Mr. Anderson stated that could cause a problem, but this is not the final landscape plan. Mr. Anderson stated they do address those types of issues. Acting Chairman Gaither asked if the original plan showed a tapered driveway or a straight-line driveway. Associate Planner Berglund stated the original plan was approved with a tapered driveway. Acting Chairman Gaither asked about the others in the neighborhood who didn't follow the setback guidelines and if there was any recourse by the City. Associate Planner Berglund stated the City responds on a complaint basis. He stated one instance was an oversight by staff. He stated the other one would be addressed if a complaint were filed with the City. Planning Manager Senness stated the oversight might have occurred because permits are not required for driveways. Acting Chairman Gaither asked if there is an increase in liability for a homeowner that has modified the driveway without a variance. Planning Manager Senness stated it would be unlikely the owner would be subject to greater liability. MOTION by Chairman Neset, seconded by Acting Chairman Gaither to approve the request by Barb Fontaine for variance for driveway setback and width for property located at 16955 -40th Avenue North subject to the condition that the site line at the northwest corner remains clear of any obstructions such as vegetation and the owner and city work together to achieve this. Approved Planning Commission Minutes December 4, 2002 Page 4 Commissioner Larson stated the condition is unique to that property because of how the house is situated not because of the location of the lot. Commissioner Holmes stated there are two issues, the width of the driveway and the placement of the driveway. Ms. Fontaine asked if the new Ordinance adopted applies to her even though her application was submitted prior to that being approved. Planning Manager Senness stated it is subject to the new Ordinance because the driveway has not been laid. She stated the driveway on the plan was within the guidelines. Ms. Fontaine stated this particular builder always shows a tapered driveway, and then the owner can pay for it to be a straight line if they wish to do so. Acting Chairman Gaither stated he feels the variance standards have been met and is inclined to support the variance request. Roll Call Vote. 5 Ayes. MOTION approved on a 5-2 Vote. (Commissioners Holmes and Griffith voted nay.) 9. ADJOURNMENT MOTION by Holmes, seconded by Commissioner Weir, to adjourn the meeting. Vote. 7 Ayes. MOTION approved. The meeting adjourned at 8:15p.m.