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HomeMy WebLinkAboutPlanning Commission Minutes 09-05-2001Approved Minutes City of Plymouth Planning Commission Meeting September 5, 2001 MEMBERS PRESENT: Chairman Michael Stulberg, Commissioners Karl Neset, Kapila Bobra, Sarah Reinhardt, Roger Berkowitz and Peggy Larson MEMBERS ABSENT: Commissioner David Gaither STAFF PRESENT: Planning Manager Barb Senness, City Engineer Ron Quanbeck, Senior Planner Marie Darling, Planner Rebecca Stoen, and Office Support Specialist Ranelle Gifford 1. CALL TO ORDER 2 PUBLIC FORUM Chairman Stulberg introduced Carol Rydberg of 3225 Wellington Lane. Resident Carol Rydberg addressed the commissioners regarding the City Council meeting held on August 28, 2001, specifically the issue of affordable housing. Ms. Rydberg stated that since land in Plymouth is very expensive, single-family homes are not the affordable way to go and multi- family units are more economical. Ms. Rydberg stated these buildings have less impervious surface coverage and they are affordable housing which she feels the City needs more of. Ms. Rydberg stated the City shouldn't put height restrictions on these types of projects. Planning Manager Senness stated that Stone Creek, the project to which Ms. Rydberg referred, can meet the City's requirements for additional height. 3 APPROVAL OF AGENDA 4 APPROVAL OF MINUTES MOTION by Commissioner Bobra, seconded by Commissioner Reinhardt to approve the August 15, 2001 Planning Commission Minutes. Vote. 5 Ayes. MOTION approved. Commissioner Berkowitz abstained. 5 CONSENT AGENDA No items. Approved Planning Commission Minutes September 5, 2001 Page #2 6 PUBLIC HEARINGS A NEDEGAARD CONSTRUCTION (2001026) Chairman Stulberg introduced the request by Nedegaard Construction for a rezoning, preliminary plat and planned unit development general plan for Glacier Vista (15 single-family dwellings, 32 twinhomes and 4 outlots), located east of Pomerleau Lake and west of the future alignment of Cheshire Lane. Senior Planner Darling gave an overview of the August 28, 2001 staff report. Chairman Stulberg introduced the petitioner, Bruce Nedegaard. Mr. Nedegaard concurred with the staff report and conditions. Chairman Stulberg continued the public hearing opened at the August 15, 2001 Planning Commission meeting. Chairman Stulberg introduced Judy Begin. Ms. Begin stated she would like to be directly involved in any issues that might impact the Begin Oaks Golf Course. Chairman Stulberg introduced Steve Gardner. Mr. Gardner voiced concerns in regards to the many trees that will be cut down. He stated the developer scrapes off all of the black dirt, then builds over the clay and sods over the clay. He indicated there is too much impervious surface coverage. Mr. Gardner showed a 30 -second video of Pomerleau Lake and the Hampton Hills golf course showing flooding. He advised the flooding happens because trees are cut down and land is scraped, leaving the clay. He stated the taxpayers are paying for the developers to cut down trees and increase the impervious surface. Mr. Gardner suggested we save the trees and keep the water clean. Chairman Stulberg closed the public hearing. Chairman Stulberg asked what, if any, impact there would be on the Begin Oaks Golf Course. City Engineer Quanbeck stated that staff is recommending that the road be moved 25 feet to the west, which will limit the impact on the golf course. He noted that the plans are available for Ms. Begin to review in the Engineering Department. Planning Manager Senness added the changes staff has proposed in the plan are intended to address the impact on Ms. Begins property, ensuring that the roadway stays within the easement the City has obtained for that purpose. Approved Planning Commission Minutes September 5, 2001 Page #3 Chairman Stulberg addressed Mr. Nedegaard. Chairman Stulberg asked if they are willing to work with Ms. Begin on any issues that may impact her property. Mr. Nedegaard responded affirmatively. Chairman Stulberg asked Senior Planner Darling to put up the tree preservation plan on the overhead. Planner Darling showed the before and after pictures of trees and gave a description of the replacements. She stated the applicant would need to go through reforestation. Senior Planner Darling also showed the landscape plan. Chairman Stulberg asked Mr. Nedegaard about the removal of trees. Mr. Nedegaard stated they are trying to save as many trees as possible. Commissioner Reinhardt asked where the private drive was located. Senior Planner Darling indicated on the overhead that the private drive extends from Juneau Lane down in front of the southern most house. MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz, recommending approval of a Rezoning and Findings of Fact for "Glacier Vista" a 47 -unit Residential Development located east of Pomerleau Lake, on property currently addressed as 5684-5450 Juneau Lane. Roll Call Vote. 6 Ayes. MOTION approved unanimously. MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz recommending approval of a Preliminary Plat for "Glacier Vista" a 47 -unit Residential Development located east of Pomerleau Lake, on property currently addressed as 5684-5450 Juneau Lane. Roll Call Vote. 6 Ayes. MOTION approved unanimously. MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz recommending approval of a PUD General Plan for "Glacier Vista" a 47 -unit Residential Development located east of Pomerleau Lake, on property currently addressed as 5684-5450 Juneau Lane. Roll Call Vote. 6 Ayes. MOTION approved unanimously. B NORTH AMERICAN PROPERTIES (2001070) Chairman Stulberg introduced the request by North American Properties for approval of a planned unit development amendment, conditional use permit and interim use permit for "The Reserve Apartments," a 361 -unit apartment complex to be located west of I-494 and north of the Canadian Pacific Railroad. Planner Stoen gave an overview of the August 28, 2001 staff report. Commissioner Berkowitz inquired about the parking requirements. Planner Stoen stated the Zoning Ordinance requires 2.5 spaces per unit. Approved Planning Commission Minutes September 5, 2001 Page #4 Planning Manager Senness added the City required two spaces per unit until issues arose with apartments where residents had boats, trailers etc. Commissioner Bobra asked if there would be a need for additional parking in the future. Planner Stoen showed 45 additional spaces could be added in the future. Planning Manager Senness stated the City feels comfortable with the research done by the applicant regarding parking issues. Commissioner Berkowitz indicated there have been several inquiries in regards to dust control during construction. He asked if there are restrictions on hours of operation on work being done and what measures can be done to control dust. City Engineer Quanbeck stated the hours of operation are from 7:00 a.m. to dusk, Monday through Friday, 8:00 a.m. to 6:00 p.m. on Saturday and no work on Sunday. He indicated any complaints should be directed to the Engineering Department. If after hours, complaints can be registered with the Police Department. Chairman Stulberg introduced the petitioner, Jay Scott. Mr. Scott concurred with the staff report and conditions. He displayed an elevation of building 1 showing the main entrance. The project is classified as a luxury apartment. Chairman Stulberg asked Mr. Scott if they have encountered any problems with other projects they have where they have less than 2 parking spaces per unit. Mr. Scott indicated he does not see an issue with the parking ratio at this time. Commissioner Bobra asked the price range of the proposed rental units. Mr. Scott stated efficiency units will be priced around $850 and 1 bedrooms ranging from $900-$1300. Chairman Stulberg introduced Mike Pacillio, representing the petitioner. Mr. Pacillio noted that parking is an economic issue for them. In their experience in management, they know that if residents are unable to find a place to park, they will move. So, for that reason, they make sure they have enough parking spaces. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Carol Rydberg of 3225 Wellington Lane. Ms. Rydberg expressed regret that this apartment dwelling would not have affordable units. She state that the luxury items are nice but we have a critical need for affordable units and 3 bedroom units. Chairman Stulberg closed the public hearing. Approved Planning Commission Minutes September 5, 2001 Page #5 MOTION by Commissioner Berkowitz, seconded by Commissioner Reinhardt, recommending approval of a PUD Amendment, Conditional Use Permit and Interim Use Permit for "The Reserve Apartments," a 361 -unit apartment complex to be located west of I-494 and north of the Canadian Pacific Railroad. Roll Call Vote. 6 Ayes. MOTION approved unanimously. MOTION by Commissioner Berkowitz, seconded by Commissioner Reinhardt, recommending approval of an Amendment to Section 21655.27 of the Zoning Ordinance for "The Reserve Apartments," a 361 -unit apartment complex to be located west of I-494 and north of the Canadian Pacific Railroad. Roll Call Vote. 6 Ayes. MOTION approved unanimously. C CITY OF PLYMOUTH (2001069) Chairman Stulberg introduced the request by The City of Plymouth for a Comprehensive Plan Amendment to add the Hydrologic and Hydraulic (H & H) study for the 2020 Urban Expansion Area. City Engineer Quanbeck gave an overview of the August 29, 2001 staff report. City Engineer Quanbeck introduced Dan Edgerton of Bonestroo, Rosene, Anderlik and Associates. Mr. Edgerton gave an overview of the study conducted by BRA. Commissioner Bobra asked if they had done similar studies for other cities. Mr. Edgerton applied affirmatively. Commissioner Bobra asked if these plans had been successful with other cities. Mr. Edgerton stated they have been effective and successful. Commissioner Bobra questioned if this has any affect on Maple Grove's comprehensive plan. Mr. Edgerton stated this plan is consistent with Maple Grove's plan. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Steve Gardner. Mr. Gardner stated the study cost $43,000 and hopes staff takes the recommendations seriously and factors in saving the trees and preserving the water quality. Chairman Stulberg introduced Sherry Swagger of 14860 County Road 47. Ms. Swagger stated her home borders Maple Grove. The developer that bought the land east and west of her property is proposing to put in holding ponds. Ms. Swagger asked, as residents, if the City would notify them if the run-off will change, possibly causing their property to flood. Chairman Stulberg closed the public hearing. City Engineer Quanbeck responded to Ms. Swagger stating the City has notification procedures if she is an adjacent property owner. The plans are also available for review. Approved Planning Commission Minutes September 5, 2001 Page #6 MOTION by Commissioner Bobra, seconded by Commissioner Larson, recommending approval of a comprehensive plan amendment to add the Hydrologic and Hydraulic (H & H) study for the 2020 Urban Expansion Area. Roll Call Vote. 6 Ayes. MOTION approved unanimously. 7 NEW BUSINESS A JULIE SERBER (2001084) Chairman Stulberg introduced the request by Julie Serber for an interim home occupation license for a music studio for property located at 10130 -32nd Avenue North. Chairman Stulberg stated this is not a public hearing, however the Planning Commission will listen to any concerns residents may have. Chairman Stulberg explained the purpose of City Ordinances and procedures for making changes to Ordinances. Chairman Stulberg added this item is not a result of City government randomly going after someone. The Interim Home Occupation License has been on the books for a period of time. He noted that Ms. Serber's studio is a business with clients coming to the residence and so requires an Interim Home Occupation License. He clarified that traffic concerns are not related to congestion problems, but rather with regard to how many vehicles go past neighboring homes in any given day. He state that the Planning Commission has not made any decisions at this time. Chairman Stulberg stated that the Commission is here this evening to hear the issues and concerns and make recommendation to the City Council. Chairman Stulberg gave examples of other communities who also regulate home occupations. Planning Manager Senness gave an overview of the August 30, 2001 staff report. Commissioner Reinhardt asked what other type of home businesses would require a license like this. Planning Manager Senness stated a hair salon, massage therapy, or any business where there is more than one person coming to the home and/or on street parking is required. Commissioner Bobra asked why there haven't been any complaints up to this point if they have been operating the business for 17 years. Chairman Stulberg added there was more than one complaint. Commissioner Bobra asked if the parents do not wait, if that would solve the parking issues. Planning Manager Senness stated parked vehicles on the street raised issues. Chairman Stulberg referred to a schedule of trips per day from the Serber's that addresses the parking issues. Commissioner Neset asked if the Interim Home Occupation License could be approved without addressing or approving the conditions. Chairman Stulberg stated yes. Chairman Stulberg introduced the petitioner Mike Serber. Approved Planning Commission Minutes September 5, 2001 Page #7 Mr. Serber shared his views on wanting to be a good citizen of Plymouth and co -exist with the neighbors in a peaceful manner. Mr. Serber called attention to a packet, provided to the commissioners, beginning with a letter from their attorney providing his legal views on the issues. Mr. Serber questioned whether a license was even necessary, due to operating for 17 years at the same level as a legal non -conforming use. Mr. Serber stated his attorney felt they already lawfully existed prior to the law being in effect. Mr. Serber added that the conditions applied to the license raise concerns. One of the issues, the staggering of lessons, Mr. Serber stated, will result in a significant decrease in revenue and number of students. Mr. Serber added the City would be responsible for compensating them for loss in revenue. He state the other issue regarding no operation on Sunday has some religious implication and states this is in violation of his constitutional rights under the first amendment. Mr. Serber stated he is very willing to work with staff and neighbors to reach an agreement. Chairman Stulberg indicated the license will be granted, with possible conditions. Commissioner Berkowitz asked Mr. Serber if he is willing to use his driveway only for parking. Mr. Serber responded there are two parking spaces on the street, which they may need to use for their own personal parking. Commissioner Berkowitz asked if they are giving concurrent lessons. Mr. Serber responded there are times when he and his wife teach one student at the same time. Commissioner Berkowitz asked if any meetings or group lessons were conducted. Mr. Serber said maybe twice a year, but since this matter has been brought up, they have stopped those types of meetings. Chairman Stulberg asked if the Serber's daughter wanted to teach, if their home would support that. Mr. Serber said they teach out of the basement and don't believe there is a noise issue. Chairman Stulberg asked at what point is it not efficient for home lessons. Mr. Serber stated they could accommodate three students. Chairman Stulberg introduced the petitioner Julie Serber. Ms. Serber addressed the limit of their home studio. She stated they want peace with the neighborhood. Ms. Serber conveyed the importance of their teaching within the community. She stated she has concerns with the parking requirements. Ms. Serber indicated she feels she would be watched constantly. She stated her daughter had concerns of being the subject of observation. Ms. Serber displayed a schedule of their lessons on the overhead. She stated their work is seasonal due to many vacations in the summer. Lessons are not scheduled every Sunday. Some months there are only 2-3 weeks of lessons. She also showed the flyer outlining a management plan she would be giving her students/parents addressing the parking issues, letting the engine run while they wait, etc. Ms. Serber also presented a chart describing the number of cars/trips per week. She stated that some families bring 4 children, but only make one trip. Ms. Serber stated, in teaching, the schedules may vary due to circumstances. Ms. Serber presented pictures of Approved Planning Commission Minutes September 5, 2001 Page #8 parking on their street due to neighbors having parties, indicating they are tolerant of the neighbors' activities. Chairman Stulberg commented that if somebody is watching every move you make, it has nothing to do with a permit requirement. Planning Manager Senness asked Ms. Serber if she counted trips the same way staff had. Ms. Serber answered affirmatively. Chairman Stulberg addressed Mr. Serber on the recommended condition of no operation on Sunday, replying that it had no religious meaning. Chairman Stulberg introduced Robert Dahl of 4890 Deerwood Lane. Mr. Dahl relayed his support for approval of the request. Chairman Stulberg introduced Carrie Doerr of 10135 - 32nd Avenue North. Ms. Doerr indicated she is the Serbers neighbor. Ms. Doerr added her oldest son has taken lessons from the Serbers. Ms. Doerr added an option might be to have a studio outside of her home. Ms. Doerr added keeping the windows closed will help a lot. Ms. Doerr indicated problems with parking on the driveway in the winter, and possible accidents in backing out of her own driveway. In regard to hours of operation, Ms. Doerr stated putting conditions on the early/late hours of operation would be more helpful than restricting a day for no activity. Chairman Stulberg introduced Judy Dyrud of 4745 Goldenrod Lane. Ms. Dyrud stated she has had children take lessons from the Serbers. She indicated she has never been there before 7:00 a.m., stating this is reasonable. She is thankful for the convenience of the lessons within walking distance. Ms. Dyrud supports the license and disagrees with the condition of no operation on Sunday. Chairman Stulberg introduced Madeline Elmhirst of 1825 Wisconsin Avenue. Mrs. Elmhirst stated she has had many students work with the Serbers. She supports the license without conditions. Chairman Stulberg introduced David Elmhirst of 1825 Wisconsin Avenue. Mr. Elmhirst, a band teacher, indicated if the City is restricting the livelihood of a resident, they would need more investigation into the matter. He believes it is ridiculous to require the parking to be restricted to the driveway. Mr. Elmhirst feels this is an over -reaction to the situation. Chairman Stulberg introduced Cynthia Haugberg of 6309 Sumter Avenue. Ms. Haugberg stated she has two children who take lessons from the Serbers. She feels the traffic study Ms. Serber presented was accurate. Ms. Haugberg stated the Serbers are very good teachers and she is pleased with them. Approved Planning Commission Minutes September 5, 2001 Page #9 Chairman Stulberg stated whether or not they are good teachers is not the issue. The issue is the request for an interim home occupation license. Chairman Stulberg introduced Gordon Hoppe of 10120 - 32nd Avenue North. Mr. Hoppe stated he and his wife have been residents for over 25 years and over the last several years the amount of business conducted at the Serbers has become an issue to them. He stated the music is loud and an annoyance. The sound comes directly to their patio and open windows. He does not feel they should have to close their windows. Mr. Hoppe also indicated that a fire hydrant is constantly blocked by cars parking in the street. Mr. Hoppe displayed a photo showing a fire hydrant being blocked. Chairman Stulberg introduced Debera O'Leary of 13335 -32nd Avenue North. Ms. O'Leary stated as a parent, she is willing to park where necessary to prevent problems. Chairman Stulberg introduced Linda Rude of 10200 - 32nd Avenue North. Ms. Rude stated she is the next door neighbor on the west side of the Serbers. She said her daughter took lessons from Julie Serber. She stated she recommends students to the Serbers. Ms. Rude agrees with the neighbors that there is a traffic problem. The business has grown so much, it has become an issue every day of the week. The noise level has grown and there is no break. There is a hazard when backing out of her driveway. Ms. Rude stated the lawns are ripped up, garbage is dumped on her yard and damage is done to the street due to all the added traffic. Chairman Stulberg introduce Carole Rydberg of 3225 Wellington Lane. Ms. Rydberg stated she supports the license, without conditions. In particular she stated if there were no lessons on Sunday she would not be able to see her granddaughter. She added Julie Serber provides self esteem to her granddaughter. No matter what day you pick, some child may miss out on lessons if that is the only day that works for their family. Chairman Stulberg introduce Tom Walsh of 10015 - 31st Avenue North. Mr. Walsh indicated they live one block from the Serbers. He indicated noise is not a problem. Their son is on the Monday schedule. Due to some holidays, some months he only gets 2 lessons. So there are days that are not full. In regard to the option of off-site lessons, he stated moving equipment may be difficult or costly to the Serbers. Chairman Stulberg introduced Morgan Pomplun of 1804 Mendelssohn Avenue. Ms. Pomlum offered her views on the Serber's wonderful lessons. She values her lessons with Julie Serber. She indicated it wouldn't be fair to put restrictions on the Serbers as that would be unfair to all those kids who wouldn't get lessons. Chairman Stulberg introduced Rochelle Anderson of 1817 Essex. Ms. Anderson commented on the restrictions, which may cause her cost of lessons to go up. Approved Planning Commission Minutes September 5, 2001 Page #10 Chairman Stulberg introduced Mary Langerud of 1925 Kilmer Lane. Ms. Langerud stated the license should be granted with no restrictions. She added that most cars parked on the street belong to residents. She stated she admires the Serber's professionalism. Mr. Stulberg introduced Jola Boe of 2292 - 150th Avenue NW. Ms. Boe, who indicates she does not live in the neighborhood, questioned at what point is this no longer a small business. She added, that even during a phone conversation to a friend/resident in the Serber's neighborhood, she is affected by the noise over the phone. The noise at 10:00 p.m. is intolerable. Chairman Stulberg introduced Rachel Serber of 10130 - 32nd Avenue North. Ms. Serber stated if restrictions are placed on Sunday operation it would be irrelevant. Cars will still come and go with friends and family. If no lessons are to be given on Sunday, she, as their daughter, may still practice on Sunday, causing noise and defeating the purpose of restrictions. Chairman Stulberg introduced Sharon Balhorn of 4765 Ximines Lane. Ms. Balhorn supports the home lessons. As a parent of a student, she indicated Sundays are the best day of the week for them. It is difficult to find other private teachers as they are full. She indicates full support for the license with no restrictions. Chairman Stulberg introduced Stephen Serber of 8500 - 33rd Avenue North. Mr. Serber indicated he is Mike Serber's older brother. Mr. Serber stated that Julie and Mike Serber are willing to cooperate and have a good history of that. Rather than impose restrictions, he stated people should be reasonable and cooperative. He suggested asking parents to be considerate of the neighbors, rather than impose restrictions. Mr. Serber also added if the City imposes restrictions, this may be an over reaction to the problem versus asking for cooperation from the parents of the students receiving lessons. He thought we should let common sense solve the problem, not the City. Julie Serber responded to a few issues. She noted that they had been looking into renting a location for $1700 a month, which was too expensive. Tuition would have to increase. Ms. Serber stated that she is at peak with students at this point, so she does not see her load increasing. She does not feel they have issues with parking on the driveway in the winter. She indicates that they rarely teach as early as 7:00 a.m. They would be willing to put in a sound proof window in the teaching room if there was a measure of the sound and it was proven excessive. There are always cars in the streets, whether it is their cars or not. Ms. Serber stated that she would appreciate the neighbors closing their windows too. Chairman Stulberg asked City Engineer Quanbeck about the street issues. City Engineer Quanbeck stated the street is rated as a candidate for improvement. Due to the budget, it is not in the capital improvement program this year. He indicated the Pubic Works Street Department does repair work and will continue to do so as needed. Approved Planning Commission Minutes September 5, 2001 Page #11 Commissioner Berkowitz questioned what is included in the definition of on -street parking and would it include parents dropping off children. Planning Manager Senness stated it referred to those who actually wait for the duration of the lesson. Planning Manager Senness stated drop- offs would not be considered on -street parking. Chairman Stulberg addressed the Serbers, indicating there are legitimate concerns with running a business out of their home. Chairman Stulberg asked the Serbers, at what point does a home occupation have to move out of the home. Mr. Serber indicated possibly sound proofing the windows if a study was done to show proof that the level of sound was excessive. Chairman Stulberg stated it was not an issue of level of sound, just the constant sound. Chairman Stulberg indicated if you're operating a business, you will maintain your driveway in a safe condition. Chairman Stulberg asked if they had started closing the windows. Mr. Serber indicated affirmatively, unless it is hot, but from now on will keep them closed. Commissioner Neset stated he was inclined to move for approval without conditions. He asked what would happen if they approve with no conditions and what recourse would the neighbors have if the problems continued. Planning Manager Senness indicated neighbors could file complaints that would have to be investigated again. Commissioner Neset questioned what could cause the loss of an interim home occupation license once it is granted. Senness stated they are granted for one year, then reviewed. Commissioner Berkowitz stated he hesitates to recommend approval without conditions. He has heard enough concerns brought up by the neighbors to warrant the issues being addressed. Legitimate concerns have been raised. The business has grown enough that the persistence is wearing on the neighbors. To issue the license with no restrictions would be an disservice to the neighbors. Commissioner Berkowitz indicated he does not agree with staggering lessons. He feels this would be detrimental to the business. Commissioner Berkowitz asked if parking were restricted to the driveway, would the license still be needed? Planning Manager Senness stated one issue by itself drives the need for a license, either more than one person coming to the home or on -street parking required. Commissioner Berkowitz stated there is a need for conditions in fairness to the neighbors concerns. He added that he supports a day off to give the neighbors some break from the traffic and noise. Commissioner Bobra stated most people with concerns have issues with the early morning and late evening and asked if the start and finish times could be adjusted rather than a day off. Approved Planning Commission Minutes September 5, 2001 Page #12 Chairman Stulberg noted she could recommend that. Stulberg noted that changing the hours would cut some students out of the schedule. Ms. Serber indicated they could do research on soundproofing. That would eliminate that problem. She said she has issues with eliminating students due to shortening the hours of operation. MOTION by Commissioner Reinhardt, seconded by Commissioner Bobra, to approve the request for an Interim Home Occupation License for a music studio at property located at 10130- 32nd Avenue North, subject to the conditions of the resolution. MOTION to amend by Commissioner Reinhardt, seconded by Commissioner Berkowitz, to remove Condition 3a which would require staggering appointment times and Condition 3c which would eliminate teaching on Sunday. Chairman Stulberg offered a friendly amendment, to add a condition making the operation of the studio subject to the management plan outlined by the Serbers. Chairman Stulberg stated that this would not address all the concerns. He suggested that the Serbers try this and see if it works. He stated that if complaints continue, the City is here to take care of resident concerns. Commissioner Larson stated that the number of trips in and out of the neighborhood is a lot of activity, but the Serbers are trying to be good neighbors and she could support the Chair's suggestion. Commissioner Reinhardt withdrew the Motion to remove Conditions 3 a and 3c. Commissioner Berkowitz concurred. MOTION to amend by Chairman Stulberg to strike Conditions 3a, 3b, and 3c and replace them with a condition requiring compliance with the management plan as introduced by the Serbers, adding no use of electronic equipment in waiting vehicles. Vote. 6 Ayes. MOTION to amend approved unanimously. MOTION by Commissioner Berkowitz, seconded by Commissioner Reinhardt, to approve the request for an Interim Home Occupation License for a music studio at property located at 10130- 32nd Avenue North with one amendment to strike Conditions 3a, 3b and 3c and inserting a condition requiring compliance with the management plan as outlined by the Serbers, adding no use of electronic equipment in waiting vehicles. Vote. 6 Ayes. MOTION approved unanimously. Chairman Stulberg indicated this is step one. Both the petitioner and neighbors understand this is a residential neighborhood. There is some limit to earning a living in a residential neighborhood. Approved Planning Commission Minutes September 5, 2001 Page #13 Commissioner Berkowitz added the students and families of students need to understand the same consideration to the fellow neighbors. Chairman Stulberg asked the Serbers if they can comply with the conditions set forth. Ms. Serber stated she feels they can comply. Mr. Stulberg indicated this item will go to City Council on September 25, 2001, indicating that the City Council typically does not open the meeting for discussion. This meeting is on tape for viewing. Any additional information will need to be presented to the Planning staff so it can be relayed to the City Council. MOTION by Commissioner Reinhardt, seconded by Commissioner Larson, to adjourn. Vote. 6 Ayes. MOTION approved unanimously. The meeting adjourned at 10:48 p.m.