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HomeMy WebLinkAboutPlanning Commission Minutes 12-18-2002Approved Minutes City of Plymouth Planning Commission Meeting December 18, 2002 MEMBERS PRESENT: Acting Chairman David Gaither, Commissioners Peggy Larson, Frank Weir, James Holmes, Kendall Griffith and Jason Rohloff MEMBERS ABSENT: Chairman Karl Neset STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barbara Senness, City Engineer Ron Quanbeck, Senior Planner Shawn Drill, Senior Planner Marie Darling, and Office Support Representative Janice Bergstrom 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA Acting Chairman Gaither asked that Item 6A be moved to New Business. Acting Chairman Gaither also requested the addition of nominations and election of a Vice Chairperson of the Planning Commission be conducted due to his resignation from the Planning Commission. MOTION by Commissioner Rohloff, seconded by Commissioner Larson, to approve the amended December 18, 2002 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved. 5. APPROVAL OF MINUTES MOTION by Commissioner Weir, seconded by Commissioner Rohloff, to approve the December 4, 2002 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved. 6. CONSENT AGENDA B. MINNTECH CORPORATION (2002149) Approved Planning Commission Minutes December 18, 2002 Page 2 MOTION by Commissioner Weir, seconded by Commissioner Larson, to approve a variance to allow a 5 -foot parking setback to the principal structure for 11 additional parking spaces for property located at 14550 -28th Avenue North. Vote. 6 Ayes. MOTION approved unanimously. 7. PUBLIC HEARINGS A. ILYA' S CONSTRUCTION (2002146) Acting Chairman Gaither introduced the request by Ilya's Construction for a preliminary plat to be called "Ilya's Duplex" and setback variances to allow construction of a two-family home for property located at the northeast corner of 40th Avenue and County Road 101. Senior Planner Drill gave an overview of the December 10, 2002 staff report. Acting Chairman Gaither introduced the applicant, Ilya Epshteyn, 17020 9th Avenue North, who stated he was in agreement with the staff report. Acting Chairman Gaither opened and closed the public hearing. MOTION by Commissioner Larson, seconded by Commissioner Weir, to approve the request by Ilya's Construction for a preliminary plat to be called "Ilya's Duplex" and setback variances to allow construction of a two-family home for property located at the northeast corner of 40th Avenue and County Road 101, subject to the conditions in the resolution. Roll Call Vote. 6 Ayes. MOTION carried unanimously. B. TWIN OAKS REALTY (WAYNE KING) (2002150) Acting Chairman Gaither introduced the request by Wayne King, of Twin Oaks Realty, for a preliminary plat to be called "Woodview Heights" for property located at 4525 Zachary Lane North. Senior Planner Darling gave an overview of the December 10, 2002 staff report. Senior Planner Darling stated a letter had been received from Joe and Nancy Stein, 4535 Arrowood Lane North, requesting that the proposed trail be located by the water tower property. Senior Planner Darling stated the Park Department had reviewed this option and did not feel this would be a suitable alternative because of drainage issues. She said there is a culvert on the north side of the City building rendering the location impractical. Commissioner Gaither stated the letter from Joe and Nancy Stein, 4535 Arrowood Lane North, is entered into public record. Approved Planning Commission Minutes December 18, 2002 Page 3 Acting Chairman Gaither introduced the applicant, Wayne King, 9919 36th Place N., Twin Oaks Realty. Mr. King stated he is representing Roger and Janyce Olson, who own the property, formerly Jan's parents' home. Mr. King stated he disagrees with the staff s recommendation on the issues of the driveway and the path. Acting Chairman Gaither opened the public hearing. Acting Chairman Gaither introduced Janyce Olson, 4532 Boone Avenue N. Ms. Olson stated she did not want to have the driveway access from Arrowood Lane. Ms. Olson stated they had been assessed $4,000 for curb and gutter when Zachary Lane was redone. She said it would be a big expense for a new driveway when the current one is adequate. Ms. Olson stated the distance from the front of her home to the back is 3/4 mile and said it seems unnecessary to add an extra 1.5 miles for each grocery store trip. Ms. Olson stated the property value would drop if the front of the home can't be used. Ms. Olson stated she feels the trail should be on city property near the park facilities. She said there is debris around the trails to pick up and said another trail would decrease the value of her home. Commissioner Gaither introduced Roger Olson, 4532 Boone Avenue N. Mr. Olson stated the driveway on Zachary Lane is one of a series of 8 extending up to Schmidt Lake Road. Mr. Olson said there are two driveways at Zachary Lane school and the park has a lot of traffic. Mr. Olson stated a new driveway would have to be built longer than the existing one to get to Arrowood Lane and said a row of trees would have to be removed. He noted the appearance of these big spruce trees, which are spaced 7-8 feet apart, would be impacted. Mr. Olson suggested other options for the trail which would not confiscate more private property. He said a trail could be built by the tennis courts, in an area already zoned the same as the park, and noted only one tree would have to be removed. Mr. Olson said with the overflow parking at Zachary Lane, kids could use the trail if it were on the south side, instead of cutting through the woods as they do currently. He stated that buses even drop kids off in the area of the Stein's home. Mr. Olson said he conducted a survey while out walking and concluded that while people like the trails, 7 out of the 7 people he spoke with did not want the trail abutting their property, 3 citing lack of privacy on their decks. Acting Chairman Gaither introduced David Bateman, 4525 Arrowood Lane. Mr. Bateman supported splitting the lot but stated he did not agree with the driveway and trail recommendations. Mr. Bateman said the driveway is clearly very adequate and designed to lead out the front of the home and said it would be costly if not impossible to change how the house works to have people enter from Arrowood Lane. Mr. Bateman stated his primary concern is around the addition of a path between Zachary and the park and said that based on where people get dropped off to use the park, it is unlikely that people would go up to the trail by Nancy Stein's property. Mr. Bateman concurred with Mr. Olson's suggestion to place the path under the water tower directly from the Zachary school parking to the park fields. Mr. Bateman continued that the park has been a good neighbor but would prefer to not have a lot of people moving through Approved Planning Commission Minutes December 18, 2002 Page 4 the neighborhood. Mr. Bateman expressed concerns about increased traffic as people drop off kids at the path and loitering in the woods. He added there is no crosswalk in place from the school to the park and stated adding an additional stop off would not be the best way to approach this. Acting Chairman Gaither introduced Gina Bateman, 4525 Arrowood Lane. Ms. Bateman said she has park property on two sides of her property now and is concerned about privacy issues and property depreciation if the path is added on the east side of her property. She noted there is a privacy issue as people feel the Bateman home is part of the park. She concurred with Nancy Stein's letter stating that parents do drop kids off at private property to cross between her home and Nancy's to the park. Ms. Bateman said adding paths would create even more of a feeling that the rest of the community owns their homes, too. Ms. Bateman stated the neighbors are good friends and want their homes to look friendly and inviting; they don't want to have to put fences up. Acting Chairman Gaither introduced Randi Nelson, 4545 Arrowood Lane, who said she is a neighbor who lives next to the existing path. Ms. Nelson stated the traffic is manageable, but not always desirable and attested to the fact that there is a reduction in privacy. Ms. Nelson stated she does not object to subdividing the lot but asked that the Commission reconsider access to the park. Ms. Nelson said it would be logical to have the path go through existing city property directly under the water tower. Mr. King requested items on special Condition A, B and C from the Engineer's memo be waived. He added they agree to the 10' wide easement. Commissioner Gaither closed the public hearing. Acting Chairman Gaither asked for information regarding trees that would be removed if a new driveway were constructed. Senior Planner Darling explained that there is a sizeable distance between this home and the trees, but lower branches could be clipped depending on where the driveway is placed. Senior Planner Darling noted this driveway has the luxury of space between the house and trees. Further, the owner would not have to extend the driveway, but could use the existing driveway on to Arrowood Lane. Acting Chairman Gaither inquired about assessments to this property for curb and gutter. City Engineer Quanbeck stated the assessment policy is tied to a driveway access. City Engineer Quanbeck said Zachary Lane is classified as a major collector and they strongly discourage driveway access on to a major collector as there are higher traffic speeds, such as the 40 m.p.h. on Approved Planning Commission Minutes December 18, 2002 Page 5 Zachary Lane. City Engineer Quanbeck added that a new development would not allow a driveway to be placed on that type of street as opposed to a local street. Commissioner Gaither questioned if a loitering problem has been brought to the City's attention prior to this. Senior Planner Darling stated that such complaints would be handled directly by the Park or Public Safety Departments. Commissioner Gaither asked if a property value would decrease due to the addition of a trail. Senior Planner Darling responded that there is no evidence that trails devalue a property. Director Hurlburt clarified that this trail is needed to give access to the park, not only to park users but also to benefit the residents on Arrowood Lane who would then have quicker access to the trail on Zachary. Commissioner Rohloff said he would like documentation from the Hennepin County Assessor regarding property value changes as a result of such a trail being added. Director Hurlburt responded that she is unsure if the necessary data, such as property valuation prior to installation of a trail, age, size, construction, and other similarities, would be possible to acquire without incredible expense. Commissioner Rohloff stated he thought it would be wise to ask. Acting Chairman Gaither questioned if a trail access point would be feasible along the water tower. Senior Planner Darling advised that an area 8' wide would have to be maintained with the trail which would result in additional tree loss, per the Park Director's evaluation. Senior Planner Darling added that trails are not necessarily pulled away from residential areas since they serve residential areas. Commissioner Griffith noted the primary purpose of a trail is for the neighbors to get to the park and he observed that it sounds like this neighborhood does not want the trail. Acting Chairman Gaither said if the trail is not installed, would people continue to cut across the neighbors' yards. Commissioner Holmes stated it is not in everyone's best interest to put a trail through the middle of a neighborhood when it could be installed elsewhere. Commissioner Holmes said he personally Approved Planning Commission Minutes December 18, 2002 Page 6 has been in this parking lot and said that from a safety aspect it would be good to put the trail around the tower on the south side. Roger Olson, 4532 Boone, displayed two options for placement of the trail near the tower and the woods. Director Hurlburt said these options would have to be reviewed with the Park Department. Acting Chairman Gaither stated he felt it would be prudent to review another option in the neighborhood. MOTION to table by Commissioner Holmes, seconded by Commissioner Weir, Item 6B until further alternatives for placement of the trail could be reviewed. Roll Call Vote. 5 Ayes. Commissioner Griffith voted nay. MOTION to table approved. 8. NEW BUSINESS A. MICHELLE BROUSSEAU (2002145) Acting Chairman Gaither introduced the request by Michelle Brousseau to approve a variance to allow an above grade cantilever addition to be constructed 8 feet 4 inches from the side property line where the Zoning Ordinance requires 15 feet for property located at 3735 Wellington Lane Senior Planner Darling gave an overview of the December 10, 2002 staff report. Commissioner Gaither introduced the applicant, Michelle Brousseau, 3735 Wellington Lane, who stated that the hardship is that her property is wider at the front than in the back. Ms. Brousseau stated that due to the angle of the property line, there is a 9' 3" to 10' 3" difference. Ms. Brousseau said the eating area is too small to accommodate a wheel chair and said she feels this is a minor addition, but a major improvement. Ms. Brousseau acknowledged that she made a grievous mistake in not getting a permit, as she always gets permits for everything and hoped this mistake would not be held against her. She said she had called the City and found out no permit was necessary for a window replacement. During that project she discovered that the wall was rotting and then had proceeded with the expansion. Ms. Brousseau displayed photos indicating her home and her neighbor's to the south, showing where the window and cantilever would be constructed. Ms. Brousseau noted the 6' fence separating the properties and said the cantilever would not be visible from the street because of the angle of the property. Commissioner Gaither introduced David Bearman, 3725 Wellington Lane N. Mr. Bearman said he has been a Plymouth resident for 21 years and lives directly south of Michelle's house. Mr. Bearman stated that there is a history of this neighbor wanting to do her own thing her own way, and she started this project without a building permit. Mr. Bearman said there was a permit for Approved Planning Commission Minutes December 18, 2002 Page 7 the fence but it was built on his property. Mr. Bearman said 4'/z years ago he had asked for two variances and he was not allowed the side variance to deviate from the 10' setback. Mr. Bearman commented that a cantilever was not suggested as a compromise at that time. Mr. Bearman stated that pictures can be deceiving and said there is a closed in feeling from their window viewing the cantilever. He said the distance between the two properties is 18' (and a few inches), not 30'. Mr. Bearman stated he feels this will affect resale and lower his property value because of closeness. Mr. Bearman stated every family does have hardships that they have to learn to live with and said that the table could be replaced. This hardship is self-imposed. Mr. Bearman said he is not opposed to an addition if it adheres to Planning Commission rules. Mr. Bearman concluded it would be an injustice if this variance is granted. Ms. Brousseau, 3735 Wellington Lane N., clarified the irons were visible when the fence was constructed. Ms. Brousseau noted she has added trees to break the view to the Bearman's property. Commissioner Gaither asked if a variance on one property would set a precedent. Director Hurlburt clarified that every variance has a different purpose, and involves a different structure; a variance approval or denial would not create a precedent. In response to Mr. Bearman's comment regarding a cantilever option for his building project, Director Hurlburt said that while she could not remember all conversations regarding Mr. Bearman's variance requests, she stated it would be unlikely staff would have suggested a cantilever for a garage addition. Acting Chairman Gaither questioned if the distance between the homes is 18'. City Engineer Quanbeck reviewed the survey and said it appears that the Bearman property is 13' from the property line at the northwest corner, which is the closest point to the cantilever, resulting in 21 — 22' between the two buildings. Mr. Bearman noted the original surveys on file were not accurate. Commissioner Griffith stated that he feels the zoning change does support the hardship. MOTION by Commissioner Weir, seconded by Commissioner Griffith, to approve a variance to allow an above grade cantilever addition to be constructed 8 feet 4 inches from the side property line where the Zoning Ordinance requires 15 feet for property located at 3735 Wellington Lane North. Roll Call Vote. 6 Ayes. MOTION approved unanimously. B. NOMINATION OF VICE CHAIRPERSON FOR CITY OF PLYMOUTH PLANNING COMMISSION Approved Planning Commission Minutes December 18, 2002 Page 8 Commissioner Gaither thanked the City Council and the Mayor for the opportunity to participate as a Planning Commissioner. Mr. Gaither acknowledged that it has been a privilege to work with the staff in this group and said none have come close to the competency of this group. Mr. Gaither said it has been a pleasure and an honor to serve and thanked former Planning Commission Chairman Mike Stulberg for his positive influence. MOTION by Acting Chairman Gaither, seconded by Commissioner Weir, nominating Commissioner Peggy Larson as the Vice Chairperson of the Planning Commission. Commissioner Rohloff added he has complete confidence in Commissioner Larson. Acting Chairman Gaither closed the nominations. Vote. 5 ayes. MOTION approved. Director Hurlburt commented that this is the first time a Planning Commissioner went on to be a state senator and she is happy to have him represent us at that level and offered Mr. Gaither assistance with any issues. 9. ADJOURNMENT MOTION by Commissioner Holmes, seconded by Commissioner Weir, to adjourn the meeting. Vote. 6 Ayes. MOTION approved. The meeting adjourned at 8:35 p.m.