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HomeMy WebLinkAboutPlanning Commission Minutes 03-21-2001Approved Minutes City of Plymouth Planning Commission Meeting March 21, 2001 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners David Gaither, Kapila Bobra, Peggy Larson, Sarah Reinhardt, Karl Neset and Roger Berkowitz MEMBERS ABSENT: STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Manager Barb Senness, Senior Planners Marie Darling and Shawn Drill, Associate Planners Kip Berglund and Josh Doty, City Engineer Dan Faulkner, and Office Services Supervisor Denise Hutt 1 CALL TO ORDER 2 PUBLIC FORUM 3 APPROVAL OF AGENDA 4 APPROVAL OF MINUTES MOTION by Commissioner Bobra, seconded by Commissioner Reinhardt to approve the March 7, 2001 Planning Commission Minutes. Vote. 7 Ayes. MOTION approved unanimously. 5 CONSENT AGENDA No Items. 6 NEW BUSINESS A SHERRI GLODEK (2001012) Chairman Stulberg introduced the request by Sherri Glodek for an interim home occupation license to allow a one -chair hair salon for property located at 308 Wedgewood Lane North. Associate Planner Berglund gave an overview of the March 7, 2001 staff report. MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz recommending approval of an interim home occupation license for Sherri Glodek for property located at 308 Wedgewood Lane North. Vote. 7 Ayes. MOTION approved unanimously. 7 PUBLIC HEARINGS Approved Planning Commission Minutes March 21, 2001 Page #2 A STEPHEN MERTEN (2001013) Chairman Stulberg introduced the request by Stephen Merten for a conditional use permit to operate a preschool at Ascension Evangelical Lutheran Church located at 15870 46th Avenue North. Associate Planner Doty gave an overview of the March 6, 2001 staff report. Commissioner Bobra asked what the hours of operation would be for the preschool. Associate Planner Doty replied that the applicant would be better suited to answer the question. Chairman Stulberg stated that licensed facilities are already required to comply with the State of Minnesota Department of Human Service regulations. Associate Planner Doty concurred, but staff thought it best to also list it as a condition in the resolution. Chairman Stulberg introduced Stephen Merten, the applicant. Mr. Merten stated that the preschool hours of operation will be Monday, Wednesday and Friday from 9:00 a.m. to 11:30 p.m. Mr. Merten concurred with the staff report. He stated that their State license has been applied for. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Jeff Siewert of 4335 Fountain Lane. Mr. Siewert stated that he serves as the congregation president and supports the application for a preschool. Chairman Stulberg closed the public hearing. MOTION by Commissioner Bobra, seconded by Commissioner Gaither recommending approval of a conditional use permit for Ascension Lutheran Preschool at Ascension Evangelical Lutheran Church at 15870 46th Avenue North. Roll Call Vote. 7 Ayes. MOTION approved unanimously. B ST. PHILIP THE DEACON LUTHERAN CHURCH (2001006) Chairman Stulberg introduced the request by St. Philip the Deacon Lutheran Church for a conditional use permit amendment, site plan amendment and lot consolidation to expand the parking lot from 262 parking spaces to 351 parking spaces for properties located at 17205 County Road 6, 17130 14th Avenue and 17140 14th Avenue. Senior Planner Drill gave an overview of the March 7, 2001 staff report. Approved Planning Commission Minutes March 21, 2001 Page #3 Commissioner Berkowitz asked if the three actions are dependent on each other. Senior Planner Drill answered that the applications are all inter -related. Commissioner Berkowitz asked for a definition of what is meant by public morals and public comfort. Director Hurlburt responded that it is to protect public health, safety and welfare and the overall welfare of the community. Chairman Stulberg stated that the last time the Commission dealt with this particular definition was with the sexually oriented businesses section in the zoning ordinance. Commissioner Reinhardt asked if the elevation plan is accurate for the heights of the trees. Senior Planner Drill replied that it appears a little subjective and that this may be representing sometime in the future, which is common. Commissioner Gaither asked if there are any studies pertaining to the impact of property values when a parking lot adjoins a residential neighborhood. Director Hurlburt answered that every case is unique, but she doesn't know of any specific studies pertaining to the issue. Commissioner Neset stated that he is a member of St. Philip the Deacon Lutheran Church. Commissioner Bobra questioned how the church is currently dealing with the growth of membership and the inadequate parking. Senior Planner Drill responded that the most difficult time for them is during their peak time, which occurs during the overlap of services on Sunday. Chairman Stulberg introduced Steven Bohl, representing the applicant. Mr. Bohl stated that they scheduled neighborhood meetings to address the neighbors' concerns and have made additions to the landscape plan since it was submitted to the City. Mr. Bohl said that their congregation has grown to approximately 4000 members and have extended services to four on Sunday, and evening services of Saturday and Monday. They currently have a shuttle service to Oakwood Elementary School and use police officers to conduct traffic. The expansion would be for the overflow parking during their peak time. The use of the parking lot is very quiet and only gets used during church services and other sporadic events throughout the year. Mr. Bohl stated that the issues pertaining to property values is subjective. Mr. Bohl said that they could block off expanded parking lot area for peak time use only. He stated that they are doing their best to submit an application that complies and addresses the neighbors' concerns. Commissioner Gaither asked what growth is anticipated for the next five years. Mr. Bohl said that the population has grown in the area and the Church has drawn from that growth. He stated that they believe they are at capacity at this site. There is a portion of the Church that could have a second story added, but they would likely pursue additional satellite Church facilities. Commissioner Gaither asked if the parking expansion would be adequate to cover additional future growth. Mr. Bohl replied that they don't use the whole parking lot now, only during the Approved Planning Commission Minutes March 21, 2001 Page #4 peak time. He said that they purchased the two homes with the intention of expanding the parking lot. Commissioner Reinhardt asked if the parking lot expansion will be enough for now to eliminate the shuttle service. Mr. Bohl replied that they will continue to use the shuttle service. Commissioner Bobra questioned if they could add more Church services or suggest that people attend a different service for better distribution. She also asked if a policy could be made for those that park at the school to use the shuttle service. Mr. Bohl replied that they have done their best to address these issues already. Commissioner Gaither asked what the applicant's concerns are pertaining to security. Mr. Bohl replied that the use of the expanded lot might lead to people crossing through the parking lot to 14th Avenue. He said that fencing may be a way to resolve any pedestrian traffic to 14th Avenue. Commissioner Neset asked why the parking ramp is not feasible. Mr. Bohl responded that they can't afford to build a parking ramp. He said that the parking ramp would obstruct the neighbors' views and would require more landscaping. Commissioner Berkowitz asked what their next course of action would be if the application isn't approved. Mr. Bohl said that they don't really have any other alternatives in mind. He said that they aren't adding a lot of surface area and that they would be willing to remove the connection between the two parking lots. Commissioner Bobra asked if there is any way to encourage members to carpool. Mr. Bohl stated that most are families are already coming with a full car. Commissioner Reinhardt asked if there would be any outdoor uses that would require them to use the parking lot expansion area. Mr. Bohl stated that outdoor uses of the parking lot is very rare. They had a guitar player once and letters were sent to the neighbors informing them of the date. Chairman Stulberg introduced Reverend John Hogenson of 16015 4th Avenue North. Reverend Hogenson said that they are very blessed as a Church and also challenged to come up with parking for their members. He stated that they have tried to make every concession in order to address safety and parking issues. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced an e-mail dated March 19, 2001 from Lloyd and Barbara Wysocki of 17210 13th Avenue North; e-mail dated March 19, 2001 from Janet Mezzenga of 17025 14th Avenue North; letters dated March 19, 2001 from Donald and Patricia Pilarski of 17120 14' Avenue North; e-mail dated March 19, 2001 from Bruce and Shannon Beltrand of 17325 13th Approved Planning Commission Minutes March 21, 2001 Page #5 Avenue North; e-mail dated March 19, 2001 from David and Peggy Schulman of 17135 13th Avenue North; e-mail dated March 19, 2001 from Gerald Lemke of 17200 13th Avenue North; e- mail dated March 18, 2001 from Rod Mandler of 17020 14th Avenue North; and an e-mail dated March 15, 2001 from Larry Schnack of 17210 14th Avenue North. Chairman Stulberg introduced Jim Krantz of 17230 14th Avenue North. Mr. Krantz stated that he is irritated that the project has gotten this far, as it seems like a waste of time and effort to get the cart ahead of the horse. Mr. Krantz stated that there are options for a parking ramp and doesn't think it is necessary to upset the neighborhood with a parking lot. Mr. Krantz stated that if there are parking spaces available people aren't going to park across County Road 6. Mr. Krantz said that if we outgrow our home we have to move, thus the Church should consider that they have outgrown their site. Chairman Stulberg introduced Mike Allen of 17330 14th Avenue North. Mr. Allen said that they a community and look out for each other. He said that the neighborhood is quiet and family oriented and he doesn't want any parking lots in the middle of it. Mr. Allen stated that property values will decrease with a parking lot next to a residential area. Mr. Allen said that the Church will still use shuttle service and police officers, and there will still be safety concerns. He said that the proposed parking expansion will not alleviate the issues. Chairman Stulberg introduced Tom Baker of 17201 14th Avenue North. Mr. Baker commented that the people responsible for the zoning ordinance didn't think what this would do to a neighborhood by allowing a Church in a residential area. Chairman Stulberg introduced Ed Brunken of 17200 14th Avenue North. Mr. Brunken stated that he has lived here for 26 years and is the most affected by the development, as they share a common property line. He said that all of this has been done incrementally and through creative uses of the Zoning Ordinance. Mr. Brunken said that two homes will be destroyed in the name of Church growth. He said that headlights from vehicles will be higher than the berm. Mr. Brunken said that he is concerned with drainage and how it will affect his seven evergreen spruce trees. He asked how the City benefits from taking properties off the tax rolls for the Church expansion. He stated that property values will decrease as will the marketability of homes if the expansion is allowed. Chairman Stulberg introduced Alex Koukhtaroff of 17211 14th Avenue. Mr. Koukhtaroff stated that he has lived in Plymouth for eight years, four years being at the current address. He said that his decision to buy was because it was an established residential neighborhood that is quiet. He stated that he feels that his American dream is being threatened. The residents do not want a parking lot in the neighborhood. He stated that he doesn't want his future children to be near a parking lot and urged the Commission to deny the application and preserve the neighborhood. Approved Planning Commission Minutes March 21, 2001 Page #6 Chairman Stulberg introduced Rod Mandler of 17020 14th Avenue. Mr. Mandler said that he has lived in his house for 28 years. He said that all the wooded area would be removed and he would be left with looking at a parking lot. Mr. Mandler said that he is concerned with safety, security, noise and property values. A parking deck was approved in 1990 and no one objected to it from the neighborhood. He stated that he feels that this is only a temporary solution for the Church, and that they will still be shuttling people from Oakwood Elementary School. Chairman Stulberg introduced Don Polarski of 17120 14th Avenue. Mr. Polarski said that he has lived here since 1972 and doesn't want the two residential properties destroyed. He asked that the Church reconsider the parking ramp and to continue using the residential properties as a buffer to the neighborhood. He said that this is a traditional neighborhood that should be preserved. Chairman Stulberg introduced Larry Schnack of 17210 14th Avenue North. Mr. Schnack said that the removal of the two existing homes will affect the surrounding homes and will have a severe negative impact on property values and the desirability. Mr. Schnack said that Mr. Brunken's trees should not have to serve as the whole buffer for the parking lot expansion. He said that the parking lot will affect the use and enjoyment of the properties in the neighborhood. He stated that losing the two existing homes will increase the impact of sound in the neighborhood. He said that the Church has admitted that this will not solve their parking problems and that perhaps they should look at another site to build a Church. Mr. Schnack said that the neighbors would support a parking deck that was approved previously. Chairman Stulberg introduced Daniel VanHorn of 17300 13th Avenue North. Mr. VanHorn commented that the application doesn't meet Standard #2 of the conditional use permit. He said that no matter how you dress it up, it still is a parking lot. The expansion will decrease the property values. He said that the proposed parking expansion area is where the neighborhood gathers for community get togethers. He stated that the parking lot is not wanted and is not a good idea. Mr. VanHorn said that the Church has found money to do a lot of good things and that they help out the community, but they shouldn't destroy the neighborhood with a parking lot expansion. He said that their members should be able to fund a parking deck. He stated that two homes shouldn't be torn down for a use that will be only a few hours a week. Chairman Stulberg introduced Ken Wilson of 17015 13th Avenue North. Mr. Wilson said that a lot of Churches have moved into the area since 1950 and have all faced growing pains. He said that this is just a temporary solution, and that the use is exceeding the site. Mr. Wilson said that if they are allowed to destroy two homes now, they will want to take other affordable homes to seek future extended parking area. Mr. Wilson stated that all parking requirements could be met using porous pavement on their current site. He said that to take out two homes for a use of 200 hours per year is wrong. Chairman Stulberg introduced Lloyd Wysocki of 17210 13th Avenue North. Mr. Wysocki said that they have lived in Plymouth since 1972 and would like to see the neighborhood continue as a Approved Planning Commission Minutes March 21, 2001 Page #7 quiet enjoyable community to raise families. He said that the parking lot expansion will destroy the beauty of the neighborhood and jeopardize the safety of people and properties. He said that the use will also diminish and impair the property values and urged the Commission to deny the application. Chairman Stulberg introduced Scott Qualle of 17030 13th Avenue North. Mr. Qualle stated that he is concerned for the neighbors and that they don't want the parking lot in the neighborhood. He asked if all other options have been looked at. He said that the next step would involve taking more houses and having access onto 14th Avenue. Chairman Stulberg introduced Joe Abrahamson of 17301 14th Avenue North. Mr. Abrahamson said that he has lived here four years. He stated that the neighborhood is beautiful and that taking out two homes for a parking lot will mean diminished property values that will spread like a cancer. He urged the Commission to deny the application. Chairman Stulberg introduced Cathy Porter of 17211 14th Avenue North. Ms. Porter stated that they have a special secluded neighborhood and that a parking lot will open up security risks. She said that the parking lot will damage the character, property values and public safety and welfare of the neighborhood. Mr. Baker said that the lots for the parking expansion are the lowest part of the neighborhood so the berms won't do anything. He said that early A.M. snow plowing of a church parking lot would be occurring in the middle of a residential neighborhood. He also said that the Church may want to get the access onto 14th Avenue to alleviate traffic flow problems in the future. Chairman Stulberg closed the public hearing. In response to questions/issues raised, Chairman Stulberg stated that nothing has gotten too far in the process, and that is why the City has a public hearing process. He said that every citizen of Plymouth has the right to petition the City to improve, change or tear down on their property. The City has to listen to anyone that comes forward with an application. Chairman Stulberg introduced Mr. Schmidt of Sathre-Berquist, civil engineer for the project. Mr. Schmidt said that the parking lot is set below the road and goes up six feet so vehicle headlights will go into the berm and then the road drops four feet to 14th Avenue. He stated that the drainage pattern flows horizontally and that the berm would redirect some of the flow. He stated that they will be looking at alternatives for drainage to eliminate drainage from Mr. Brunken's property. City Engineer Faulkner said that there are options available and that staff and the applicant would have to evaluate it further. City Engineer Faulkner stated that a change can't negatively impact any property owners. Approved Planning Commission Minutes March 21, 2001 Page #8 Senior Planner Drill stated that staff hasn't had much experience dealing with porous pavement and hasn't analyzed what the infiltration rate would be or if the 89 parking spaces could be accommodated on the current site. Director Hurlburt said that they will still be subject to the same setback requirements and staff hasn't seen a plan as to how it would work. Mr. Bohl said that they would offer a document to prohibit access to 14th Avenue. He said that the parking lot expansion should alleviate most of the offsite parking, but that they may still need it. He said that they haven't looked at any other options should Oakwood Elementary School take away their use of the lot. Mr. Bohl presented an aerial overlay of the site and stated that they wouldn't be disrupting any views to the wetlands. He stated that they will try to maintain some of the trees on the site. They should be able to solve the issues of the berming and drainage. Mr. Bohl stated that churches need to be in residential areas, and that they don't believe a church damages or devalues neighborhoods. He said that they have complied with all the necessary requirements. Commissioner Bobra asked what the Church capacity is. Mr. Bohl replied that the staff report indicates 1,000 seat capacity in the main assembly hall. Commissioner Bobra asked how they will accommodate growth in the future. Mr. Bohl replied that they still have physical constrictions. Senior Planner Drill said that capacity is limited to 1,000 seats per service. Commissioner Larson asked if there would be a possibility of using the pack portion of the two lots and leave the existing homes. She asked if the service times could be spread out more to leave more time in between services for transition. Commissioner Berkowitz asked if the City has other situations that are similar. Director Hurlburt replied that churches often fill their parking lots during peak times. She said that the zoning ordinance pertains to minimum parking spaces and that we try to handle what the use will be for 90 percent of the time versus the parking they need for 10 percent of the time. She said that the transition period is what causes the parking problems. Commissioner Reinhardt asked what the setback requirement would be and if they would gain many parking spaces if they were to use a portion of the lots that the homes are on. Senior Planner Drill said that they would need a setback of 55 feet. Director Hurlburt said that they would need a conditional use permit for more than one structure on a lot and then setbacks would be different. She said that staff would need to lay it out to come up with a number. Chairman Stulberg asked if the houses are off the tax roll. Mr. Bohl replied affirmatively and that the third property not abutting the Church is currently a rental. Reverend Hogenson said that they have wrestled with these issues very carefully. He said that they are in a rapidly growing area and that there will be change. He stated that they are adding Approved Planning Commission Minutes March 21, 2001 Page #9 value to the community and making a positive impact on people. Reverend Hogenson said that they are going above and beyond what is legally required. Commissioner Gaither stated that there is some question as to whether they meet Condition #3 of the Conditional Use Permit Standards. He said that the Church's letter agrees with the residents on safety concern. Chairman Stulberg said that the application fails on Conditions #1, 2 and 3. He questioned whether this is a proper transition and that this will affect the comfort, use and enjoyment of property owners in the neighborhood. Commissioner Bobra concurred. She said that the option of using the area behind the two existing homes should be looked at further. Chairman Stulberg said that to take a big area of land in this context and make a parking lot seems wrong. MOTION by Chairman Stulberg, seconded by Commissioner Gaither recommending denial of a site plan amendment and conditional use permit amendment for St. Philip the Deacon Lutheran Church for property located south of County Road 6 and east of County Road 101, due to the proposal not meeting Conditional Use Permit Standards #1, 2, and 3. Commissioner Berkowitz stated that he doesn't think the proposal meets Condition #4. He said that future plans of the residents as to whether they stay or build on to the property is uncertain. Commissioner Reinhardt said that she will support the motion reluctantly. She said that the Church has done a good job trying to address the concerns, but it doesn't seem like the right thing to do at this time. Commissioner Gaither said that the Church is a valuable member of the neighborhood and does belong in a residential area. Commissioner Bobra concurred. Commissioner Neset also concurred and thanked the residents for their input and the Church for trying to address their concerns. Roll Call Vote. 7 Ayes. MOTION approved unanimously. MOTION by Chairman Stulberg, seconded by Commissioner Berkowitz recommending denial of a lot consolidation for St. Philip the Deacon Lutheran Church located south of County Road 6 and east of County Road 101. Roll Call Vote. 7 Ayes. MOTION approved unanimously. Chairman Stulberg called a recess at 9:20 p.m. and reconvened the meeting at 9:32 p.m. Approved Planning Commission Minutes March 21, 2001 Page #10 C SHARRATT & MACDONALD DESIGN CO. (2001007) Chairman Stulberg introduced a request by Sharratt & MacDonald Design Co. for a conditional use permit and variances for a single family residence to be located at 1635 Xanthus Lane North. Senior Planner Darling gave an overview of the March 7, 2001 staff report. Commissioner Reinhardt asked if there have been similar areas where public utilities have been extended. Senior Planner Darling replied that this isn't the only property near a lake that isn't hooked to public sewer, but it is getting rarer. She said that in 1988 sewer was extended to several properties along County Road 6 and in 1997, the City received a petition along Troy Lane and the extension was completed in 2000. Chairman Stulberg introduced Mike Sharratt, the applicant. Mr. Sharratt said that they have been working with the Tillers for about six months on this project. He stated that it is a large house, but meets all zoning ordinance requirements and will meet building code concerns. The Tillers are not responsible for whether there is City sewer, as they could go either way. They just want to build their house. Mr. Sharratt stated that they are considering catching all rainwater from the roof into a system. The spring line of the roof starts at the first floor. They have tried to minimize the amount of actual walkout to the lake. Mr. Sharratt said that he is trying to respond to the needs of the client and still be sensitive to the area. Chairman Stulberg introduced Tom Tiller, property owner. Mr. Tiller stated that they have three boys ages 14, 12 and 9. They wanted a private place on the lake in the Wayzata School District. He said that they did talk to the City before they bought the property. Mr. Tiller stated that they are willing to build with a septic system or hook up to City sewer. He said that they have oversized the seepage bed by an additional 40 percent and will do their part to keep the lake clean. He said that they will use the road for access. They are within all the requirements in terms of height, setbacks and hard cover. Mr. Tiller stated that the actual living space of the house is 12,000 square feet. They will try to construct the home to minimize the amount of tree loss. Commissioner Reinhardt said that she is concerned about the amount of traffic on the private road and asked if the road can accommodate traffic and parking. Mr. Tiller responded that they spend most of their time at hockey games. They typically have two parties a year - a pool party in the summer for about 25 friends, and one in the winter for Polaris employees. He said that there is plenty of room to park in their driveway along the lot. He said that construction vehicles will be parked on the site and will not be parked along Xanthus Lane. Commissioner Bobra asked how long it will take for construction. Mr. Tiller said that it will be a 14-15 month project. He said that he has agreed to leave the road in the same condition as it is currently. Approved Planning Commission Minutes March 21, 2001 Page #11 Commissioner Gaither questioned if the proposal meets the lighting requirements for the hockey rink. Senior Planner Darling replied that the applicant will need to comply with the lighting requirements. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced a letter dated March 20, 2001 from Michael Gorsky of 1645 Xanthus Lane; letter dated March 20, 2001 from Mark and Karen Reed of 1875 Troy Lane; letter dated March 19, 2001 from Douglas Dayton of 600 Highway 169 South; and a letter dated March 19, 2001 from William Ogden, Jr. of 1505 Xanthus Lane. Chairman Stulberg introduced John Winston of 3912 IDS Center, Minneapolis. Mr. Winston stated that he represents the Ankenys, Steiners and Goullauds who are opposed to the request for a conditional use permit and variances. Mr. Winston said that the proposal is not a single family dwelling, but rather a small hotel or corporate retreat. Mr. Winston said that companies change and so do the chief executive officers. He asked what this development is going to do to the neighborhood, as it is totally out of context for the neighborhood. Mr. Winston said that the proposal is an over improvement of the property. Mr. Winston said that the applicant has been working with City staff since January, and the neighbors should be afforded the same amount of time to review the application. Mr. Winston stated that the original plan indicated seven bedrooms and now two bedrooms have disappeared from the plan and are labeled something else. The septic system assumes five bedrooms. Mr. Winston said that if this is approved, it will cause a disruption of the neighborhood, destroy the character of the neighborhood and cause parking and traffic concerns. Mr. Winston said that for a point of reference, the footprint for the New Prague Hotel is 60 feet by 80 feet with 4,800 square feet per floor (three floors). He said that most of the buildable area on the site is going to be hard cover. Mr. Winston said that the neighbors are concerned that the proposed home will have a negative effect on property values. Mr. Winston said that the applicant knew all the terms and conditions of the ordinance. He stated that the application does not meet the seven criteria for approval of the variance. Standard #1 - This situation is applicable to all of the lots in the area and not unique to this property. Standard 2 - There is nothing unique about this application. Someone else in the area can request the same thing. Standard #3 - The whole reason is to increase the value of the property. Standard #4 hardship is created by the applicant. The applicant can improve property the way it is now. Standard #5 - The proposal may be detrimental to the public welfare by posing a potential public health nuisance in the event the private sewage treatment system fails. Standard #6 - Neutral on this standard. Standard #7 - A reasonable use of the property does exist. Mr. Winston urged the Commission to deny or at least table the item to have the opportunity to work with City staff to file their own report. Chairman Stulberg introduced Michael Gorsky of 1645 Xanthus Lane North. Mr. Gorsky stated that the application does not meet the seven variance standards. Standard #1 - The current house Approved Planning Commission Minutes March 21, 2001 Page #12 is 3,500 sq. ft. which could be updated or expanded. It is too risky at best should the septic system fail and seep into Mooney Lake. Standard #2 - All residents bought existing lots with the exact same conditions, and this parcel is not unique. Standard #3 - The property values will increase significantly. Standard #4 - It is a self-created hardship. Standard #5 - This house will be four to five times larger than the largest home in the neighborhood. The road will be destroyed from construction traffic or service vehicles after the home is built. Standard #6 - A public street does not exist, but rather a private road. Sixteen months of construction will endanger the area and it depends on how you value your property. The quality of life they have will be gone forever. Standard #7 -The applicant can update the current house just like other residents in the area have. This is the maximum house that you can put on the lot. Mr. Gorsky said that he presented the staff report to 57 homeowners on Mooney Lake and presented a petition of 64 signatures recommending denial of the application. Mr. Gorsky also presented an article from The New York Times, entitled "In Suburbs, They're Cracking Down on the doneses". Chairman Stulberg introduced Rachael Scherer of 1535 Xanthus Lane. Ms. Scherer said that they invested $20,000 in bringing their septic system up to code, and for landscaping and a deck. She said that they are concerned with the safety and sturdiness of the Xanthus Lane. She stated that the alternate site for the septic system is in the woods next to the Goullauds which seems closer to them than the Tiller home. She said that if City sewer were brought in, it would have to go through the big woods which would affect the trees and wildlife, and she is opposed. Ms. Scherer said that Xanthus Lane is not a public street and the proposal will increase traffic on their lane. Ms. Scherer stated that the DNR said that the run-off shall be retained on the site instead of piping it to Mooney Lake. She said that staff should consider adding language "nor into neighbors properties". Ms. Scherer said that if there is any doubt, the application should be tabled. Ms. Scherer asked what the correct square footage of the home would be. She said that she would like to see some of the features removed from the application, such as the gymnasium. She stated that property values are subjective and residents value nature, animals, and their neighbors. Chairman Stulberg introduced Stephen Imholte of 1535 Xanthus Lane. Mr. Imholte said that the private lane is maintained by the residents and they are concerned that the lane won't last. He is also concerned with large construction traffic sitting on the road and the need for emergency vehicles being able to get through. He stated that he is not eager to spend more money to hook up to City sewer since they spent thousands of dollars updating their septic system. Chairman Stulberg introduced William Miller of 2005 Xanthus Lane. Mr. Miller stated that he has lived here for 34 years. He said that he finds it difficult to believe that the Tillers would only have two parties per year considering everything they are building. He said that they can hear every noise across the lake. Mr. Miller said that the proposal does not meet the variance standards particularly Standard #2 - It will endanger the neighbors' comfort. Standard #3 - The proposal would affect the neighbors if they are kept awake at night because of lights and noise. Approved Planning Commission Minutes March 21, 2001 Page #13 Standard #4 - Noise is a hardship and they may have to sell if this is approved. Mr. Miller said that the proposed project is beautiful, but it isn't right for the site. Chairman Stulberg introduced Martha Morris of 1645 Xanthus Lane. Ms. Morris said that newer residents have put in new septic systems and updated the homes. She said that the proposed structure will ruin the lives of the neighbors. She said that they sleep on their porch in the summer and will be disrupted by noise from the Tiller's pool. The proposed septic system will be near where their son puts his tent. She said that the Tillers have created their own hardship. She commented that there isn't a public road. Ms. Morris said that if the house wasn't so big they wouldn't need that big a garage or a variance for it. Chairman Stulberg closed the public hearing. In response to questions/issues raised, Director Hurlburt stated that Plymouth implemented larger lot sizes in the late 1980s to reflect the regional policy. She said that a larger lot size for septic systems makes sense for Plymouth because of the clay soils. Senior Planner Darling stated that the square footage calculation was obtained from a memo sent by the architectural firm and that the calculation of 23,050 square feet includes the garage, gymnasium, party room, and indoor sport court. Senior Planner Darling stated that the current plan is very similar to the previously submitted plan with the exception in the number of bedrooms. She said that Minnesota Rules for private sewage treatment design define the required capacity size based only upon the number of bedrooms. The submitted plans show five bedrooms and the system designer based his design on six bedrooms to allow for additional capacity in the system. Mr. Tiller stated that the purpose of the FRD district is to control development. The site is not zoned for a corporate retreat, hotel, or entertainment center, but rather for single family dwellings. Mr. Tiller said that the public hearing was properly noticed and residents have access to all information pertaining to the application. He stated that they have put a lot of time into this project and want to keep to the construction schedule. The finished living space in the house is 12,000 square feet. Mr. Tiller commented that people in Minnetonka probably felt the same way when big homes were built. He said that the property was for sale on the open market. He said that they didn't buy the property to retrofit it, but rather for the land and the view. The lot is 200 feet by 400 feet, surrounded by woods. In the summertime there is no view to anyone's property. He said that when the homes in the neighborhood were built originally there was traffic on the road. Mr. Tiller stated that he has already offered to repair the road if there is damage. Mr. Tiller said that their application meets the building requirements and setback restrictions. He added that they have designed the home so that the garage view is blocked. Approved Planning Commission Minutes March 21, 2001 Page #14 Commissioner Bobra asked if there is any possibility of reducing the size of the home. Mr. Tiller said that they spent six to seven months designing this home to meet City of Plymouth requirements, and this is the house that he wants to build. Commissioner Gaither asked if the septic requirements are predicated on the number of bedrooms. Senior Planner Darling replied affirmatively. She said that staff has looked at everything carefully and worked with the septic designer on "insurance policy" expansions. If there is failure due to capacity issues on the holding tank, they can put in a 1200 gallon tank without damaging the system. City Engineer Faulkner stated that the applicant's offer to repair the road to the existing condition is standard and adequate. Senior Planner Darling stated that the typical review is for public streets, not private. She said that the City can't require the applicant to extend the width of the street. Director Hurlburt commented that there isn't a fire hydrant nearby and a risk that the property owner takes. Chairman Stulberg stated that the proposal does meet all of the rules and regulations of the ordinance, and the conditional use permit standards, other than the size of the garage. He said that he's not sure if the garage is downsized that would accomplish anything, and may be a negative to the house as a whole. He commented that he isn't sure how a septic system will survive for a home that size. Commissioner Gaither stated that he also is concerned with the septic system. Commissioner Berkowitz stated that the septic system was designed by a professional and will be monitored and should not be an undue burden on the ground water. Director Hurlburt stated that when it comes to variances, the City does have a high level of discretion. It is up to the applicant to show they meet the criteria, while a conditional use permit is up to the City to show that an applicant doesn't meet the standards. She said that conditional use permits and variances run with the property. Commissioner Reinhardt asked if the site would have to be used as a single family home. Director Hurlburt replied affirmatively. She stated that there are other conditional uses in that zoning district. The site is limited because of not being hooked up to City sewer and water. She said that the FRD district allows a bed and breakfast use, or state licensed residential facilities. Commissioner Bobra asked if two families can live in the home. Director Hurlburt replied affirmatively as long as there are no separate entrances. Approved Planning Commission Minutes March 21, 2001 Page #15 MOTION by Chairman Stulberg, seconded by Commissioner Berkowitz recommending approval of a conditional use permit and variances to lot size and width to construct a home for Sharratt & MacDonald Design Company on property located at 1635 Xanthus Lane North. Commissioner Berkowitz commented that the variance standards have been met. Standard # 5 was questionable, but the septic system appears to be properly engineered for the structure per State law. Commissioner Reinhardt concurred, and added that anyone's septic system can fail and this one includes an alarm. Chairman Stulberg asked if someone could enlarge the existing house without coming back to the Planning Commission. Senior Planner Darling replied affirmatively. MOTION to Amend by Chairman Stulberg, seconded by Commissioner Berkowitz to add a condition requiring the applicant ensure that the road is in at least the same condition as it currently and if during the period of construction it deteriorates or it isn't passable, it must be fixed or repaired right away. Roll Call Vote on MOTION to Amend. 7 Ayes. MOTION to Amend approved unanimously. Commissioner Reinhardt questioned Condition #7 in the resolution as to whether it is viable or appropriate to limit runoff to the subject property. City Engineer Faulkner responded that the way the condition is written is adequate. Commissioner Berkowitz asked if it would be unacceptable if the water runoff in the revised plans is unduly directed. City Engineer Faulkner replied affirmatively. Commissioner Reinhardt commented that the size of the house isn't the issue for this application. She said that if a smaller house were proposed, she would recommend approval. She added that the Commission's job is to carry out the zoning ordinance regulations. Roll Call Vote on Main MOTION. 7 Ayes. MOTION approved unanimously. D SP DEVELOPMENT LLC (2001008) Chairman Stulberg introduced the request by SP Development LLC for rezoning and preliminary plat for 10 twinhome units and 18 single family detached homes for property located south of 34th Avenue and east of Pilgrim Lane. Senior Planner Drill gave an overview of the March 7, 2001 staff report. Chairman Stulberg introduced Derrick Passe, representing the applicant. Mr. Passe said that the sidewalk along 34th Avenue is a new issue, and it seems more appropriate for it to be on the other side. Senior Planner Drill stated that the sidewalk issue did not come up during the first two reviews. Under platting regulations the City has the right to require a sidewalk along one side of the roadway. Director Hurlburt said that it was probably missed in the earlier reviews. She said Approved Planning Commission Minutes March 21, 2001 Page #16 that there are two parks that this sidewalk will connect with. She stated that the sidewalk should have been in the initial review, as it is an ordinance requirement. Commissioner Berkowitz asked where there would be a crossing to the park. He said that the sidewalk doesn't do anything but spread along 34th Avenue. Director Hurlburt said that the sidewalk is fairly close to the entrance to the playfield. She stated that at a minimum the sidewalk should be east to where the new trail would be located. Commissioner Berkowitz stated there is a continuity issue. Director Hurlburt said that the sidewalk is the responsibility of the homeowners to maintain, as it is not part of the trail system. Mr. Passe stated that they are confident they can work with staff to resolve all water quality issues. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced a letter dated March 21, 2001 from John Baranauskas of 3250 Pilgrim Lane. Chairman Stulberg introduced Pat Bolen of 3260 Pilgrim Lane North. Ms. Bolen stated that the residents keep hearing that this is the best plan for the site. She asked how many plans have we been through and how many can there be for one site. She said that the proposal has too much impact on the wetlands and that too many trees will be removed. She said that there are too many units for the site and there is a lack of buffers. Ms. Bolen stated that she is concerned with the increase in traffic, as the streets already have an overabundance of traffic. She stated that the road will take away her noise buffer. She said that there is no guarantee that buyers will be empty nesters. Ms. Bolen urged the Commission to deny the applicant's request. Chairman Stulberg introduced Jon Bolen of 3260 Pilgrim Lane North. Mr. Bolen said that the residents have seen many plans to this point. He stated that there is still concern with water quality, traffic and shoehorning. The traffic has been addressed adequately, except for the five homes exiting out by the ballfields. He stated that isn't any treatment ponds after the water leaves the site and will affect Medicine Lake which is already on the endangered list. Mr. Bolen suggested that the applicant's tree preservation plan be updated. Regulations encourage the developer to avoid sensitive parts and the road doesn't avoid the wetland. He suggested that the road be turned around and connect all single family homes on the other end which would follow the wetland mitigation act. Mr. Bolen commented that perhaps this property isn't a candidate for development. Mr. Bolen urged the Commission to deny the applicant until the City receives a plan that complies with all ordinances and requirements. Chairman Stulberg introduced Phil Marin of 9880 31st Avenue North. Mr. Marin said that the road is fine the way it is. The plan should be revised to allow only 22 homes, as the current zoning is adequate. Mr. Marin said that the trees shouldn't be disturbed. Approved Planning Commission Minutes March 21, 2001 Page #17 Chairman Stulberg closed the public hearing. Senior Planner Drill said that the wetland impact was a trade off, as the applicant was directed to provide a road off of 34th Avenue, and not off of 31st Avenue as originally presented last year. They are exceeding the City's requirement for the wetland replacement. He said that the applicant does need to provide a new wetland report to ensure that it is done properly. Their tree preservation plan shows 42 percent of the trees will be removed. Even if there is some increase in tree removal, they would still comply. City Engineer Faulkner said that the proposal meets the required standards. They will be required to design treatment ponds to remove phosphorus to an acceptable criteria. MOTION by Commissioner Berkowitz, seconded by Commissioner Reinhardt recommending approval of an ordinance amending Chapter 21 (Zoning Ordinance) of the City Code to classify certain land located south of 34th Avenue and east of Pilgrim Lane and the findings of fact for rezoning of property located south of 34th Avenue and east of Pilgrim Lane. Commissioner Berkowitz stated that he finds this plan much improved, and they have reduced the amount of through traffic. The impact on neighborhood is much less. Commissioner Bobra concurred. Commissioner Reinhardt also concurred and stated that it is appropriate for the twinhomes to be located where they are proposed. Roll Call Vote. 7 Ayes. MOTION approved unanimously. MOTION by Commissioner Berkowitz, seconded by Commissioner Reinhardt recommending approval of a preliminary plat for SP Development LLC for Sunrise Park Addition located south of 34th Avenue and east of Pilgrim Lane. Commissioner Berkowitz asked if language could be added for additional landscaping between Lots 21 and 22. Director Hurlburt stated that the plans show the natural vegetation be kept, and there doesn't look like there is much room to add anything else. The applicant has agreed to plant an additional six trees. Commissioner Berkowitz asked if there are guarantees on survival. Director Hurlburt said that there is no guarantee that trees will survive, but the City does have a site improvement performance agreement to address such issues. Roll Call Vote. 7 Ayes. MOTION approved unanimously. Chairman Stulberg said that he won't be at the April 4, 2001 Planning Commission Meeting. MOTION by Commissioner Reinhardt, seconded by Commissioner Bobra to adjourn. Vote. 7 Ayes. MOTION approved unanimously. The meeting adjourned at 12:05 a.m.