HomeMy WebLinkAboutPlanning Commission Minutes 09-19-2001Approved Minutes
City of Plymouth
Planning Commission Meeting
September 19, 2001
MEMBERS PRESENT: Chairman Michael Stulberg, Commissioners Karl Neset, David Gaither,
Kapila Bobra, Sarah Reinhardt, Roger Berkowitz and Peggy Larson
MEMBERS ABSENT: None
STAFF PRESENT: Planning Manager Barb Senness, Senior Planners Shawn Drill and Marie
Darling, Planner Rebecca Stoen, Associate Planner Kip Berglund, and Office Support
Representative Janice Bergstrom
1. CALL TO ORDER
2 PUBLIC FORUM
3 APPROVAL OF AGENDA
4 APPROVAL OF MINUTES
MOTION by Commissioner Larson, seconded by Commissioner Bobra to approve the
September 5, 2001 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved.
Commissioner Gaither abstained.
5 CONSENT AGENDA
A DEMARS-GABRIEL LAND SURVEYORS, INC. (2001083)
MOTION by Commissioner Bobra, seconded by Commissioner Berkowitz to approve a lot
division and variance to allow the creation of a new single-family lot at 10230
28th Avenue North.
Vote. 7 Ayes. MOTION approved unanimously.
B OAKWOOD SQUARE LLC. (2001094)
Commissioner Reinhardt requested this item be removed from the consent agenda and placed
under New Business to review the staff report.
C WESTIN CONSTRUCTION (2001103)
MOTION by Commissioner Bobra, seconded by Commissioner Berkowitz to approve the site
plan amendment for the approval of a chiller location for Protein Design Labs located at 3955
Annapolis Lane North. MOTION approved unanimously.
Approved
Planning Commission Minutes
September 19, 2001
Page #2
PUBLIC HEARINGS
A STEP BY STEP (2001087)
Chairman Stulberg introduced the request by Step By Step Montessori for a site plan, conditional
use permit and variance for a 13,225 square foot Montessori school to be located at the northwest
corner of State Highway 169 (frontage road) and Rockford Road.
Senior Planner Darling gave an overview of the September 11, 2001 staff report.
Chairman Stulberg introduced the petitioners, Mark Gerling, 6426 Smithtown Road, Excelsior
MN, and Rose Miner, 8320 Norman Creek Trail, Bloomington MN, of Step By Step Montessori.
Chairman Stulberg inquired about the student capacity of the school. Ms. Miner responded 152
children could attend, with a maximum capacity of 193. The corporate office will assume some
space.
Mr. Gerbling stated he concurred with conditions outlined in the staff report.
Chairman Stulberg opened the public hearing. As there was no one to speak on the issue, the
public hearing was closed.
MOTION by Commissioner Reinhardt, seconded by Commissioner Gaither to approve the
request by Step By Step Montessori for a site plan, conditional use permit and variance for the
13,225 square foot Montessori school to be located at the northwest corner of State Highway 169
frontage road) and Rockford Road. Roll Call Vote. 7 Ayes. MOTION approved unanimously.
B NUCOAT, INC. (2001100)
Chairman Stulberg introduced the request by NuCoat, Inc. for an interim use permit for a
reduction in the number of parking spaces at 13055
15th Avenue North.
Senior Planner Darling gave an overview of September 11, 2001 staff report.
Chairman Stulberg introduced, Jody Dalvey, representing NuCoat, Inc., who stated she agrees
with the conditions listed in the staff report.
Commissioner Larson expressed concern over the manufacturing portion of the business in regard
to the number of employees, which could have an impact on the number of parking spaces.
Ms. Dalvey replied they will not be operating at three shifts at this time but she anticipates no
parking problem. She added they are confident that three shifts can be handled at that staffing
level.
Approved
Planning Commission Minutes
September 19, 2001
Page #3
Chairman Stulberg introduced Michelle Crick who resides at 1415 Sycamore Lane. Ms. Crick
asked for information about the construction completion date, hours of construction operation,
business hours, and if windows would be installed on the second floor of the building. She also
questioned if the business would be willing to be put trees across their property or her property to
block the view from her house as there is not a wooded buffer by her house.
Chairman Stulberg closed the public hearing.
Senior Planner Darling stated the noise ordinance specifies construction may occur between
7 a.m. to 10 p.m. Planning Manager Senness added grading activities may not occur on Sunday.
Ms. Dalvey said they are moving in on Thursday and there will be some light finishing work
occurring, but major construction will be completed. Once manufacturing equipment is installed,
any noise will be internal. One office on the second floor will have windows. Ms. Dalvey felt it
would be years before they would be to the point of operating around the clock. She anticipates
hours of operation would be 6:30 a.m. to 7:00 or 8:00 p.m. for office staff. She also stated that
90% of the trucks which are scheduled come in between 8:00 a.m. and 3:00 p.m. and the
manufacturing staff would work 8:00 a.m. to 5:00 p.m.
Chairman Stulberg asked if the business can support the parking with three shifts.
Ms. Dalvey replied affirmatively and added the equipment is large but does not require a large
amount of people to operate.
Chairman Stulberg inquired about landscaping plans.
Ms. Dalvey said there will be some improvements in regard to overgrown shrubs and the front
will be landscaped, but there are no plans for the side that Ms. Crick referenced.
Chairman Stulberg suggested that Ms. Dalvey speak with Ms. Crick regarding planting trees on
her lot. The City would not be involved in this decision.
MOTION by Chairman Stulberg, seconded by Commissioner Larson to approve the interim use
permit for a reduction in the number of parking spaces for NuCoat, Inc. at 13055 15th Avenue
North. Roll Call Vote. 7 Ayes. MOTION approved unanimously.
Approved
Planning Commission Minutes
September 19, 2001
Page #4
NEW BUSINESS
A GAIL AND LINDA DIELEMAN (2001096)
Chairman Stulberg introduced the request by Gail and Linda Dieleman for a variance to allow 31
percent impervious surface coverage to allow construction of a 21 -foot by 18 -foot addition to the
rear of the property located at 11705
45th Avenue North.
Planner Stoen gave an overview of the September 14, 2001 staff report.
Commissioner Berkowitz questioned if any type of grandfathering is allowable since this house
was built when 28 percent impervious surface coverage was acceptable, previous to the current
shoreland regulation.
Planning Manager Senness said the issue is whether to add additional impervious surface with
current regulations.
Commissioner Reinhardt questioned what happens to runoff that goes into Schmidt Lake.
Planner Stoen said the drainage concern is in the rear of property and there is no treatment of
water leaving the site. She added this property is entirely within the shoreland district.
Chairman Stulberg introduced the petitioner, Gail Dieleman, 11705
45th Avenue North. Mr.
Dieleman stated he is an outdoorsman, and he and his family make recreational use of Schmidt
Lake and support maintenance and improvement of bodies of water. He said when they built this
house in 1983 it met their physical needs, but now they need more room on first floor where all
main activities occur. He mentioned his wife has arthritis. He added the layout of the home does
not allow any reorganization of the house. In order to help with runoff and absorption, Mr.
Dieleman stated 4 — 6 inches of topsoil was brought in when the home was built and extensive
flower beds have been added to help restrain water from going off too quickly. If the addition is
built, additional landscaping will be put in.
Mr. Dieleman said the driveway and patio are sand and pavers; a portion of the driveway is on
city property that would reduce impervious surface coverage calculations by 174 feet. He added
there are other porches and additions in the neighborhood and their water also drains into Schmidt
Lake. If the driveway and patio were considered pervious, the percentage would drop to 26.1.
Commissioner Gaither inquired if the patio will be replaced.
Mr. Dieleman said the addition will be where the patio exists. He will want an outdoor patio and
while no final decisions have been made yet, he hopes to reuse existing pavers and would consider
installing a wooden deck at ground level if necessary.
Approved
Planning Commission Minutes
September 19, 2001
Page #5
Commissioner Berkowitz inquired if the square footage of the driveway that is in city right of way
would that be deducted from calculations.
Planning Manager Senness stated if the patio and right of way are deducted from the calculation,
the impervious surface coverage would be very close to what it is presently.
Commissioner Berkowitz questioned if the patio is being moved or negated.
Mr. Dieleman explained the current patio will be covered by the new addition and the patio will be
moved to the side of addition.
Chairman Stulberg said that since the shoreland management district line comes relatively close
and there are other possible drainages and treatments or holding areas as the water moves
through, he did not have concern over that issue. He added when Mr. Dieleman built his house,
28% impervious surface coverage was allowed and to go to 31% from 28% is an easier move in
his mind than to go from 25% to 31% coverage.
Chairman Gaither said he views the square footage change as incremental and suggested changing
the patio from a brick patio to wood.
Planning Manager Senness said a wood deck could be considered pervious, depending on
placement of boards and if the ground underneath is not compacted.
Commissioner Berkowitz feels the shoreland overlay requirement is a hardship not an
inconvenience for this property. Given the housing stock in Plymouth, this type of addition is
welcome and not unreasonable. It allows people to build on what they have and remain in their
homes rather than move further west and contribute to urban sprawl. When the property was
platted, the regulation was not in effect. The homeowner may have planned to do an addition in
the future and now the requirements have changed. He added there is no engineering data to
support that paving stone is not an acceptable pervious surface, therefore, does not want to put
restrictions on that.
MOTION by Commissioner Gaither, seconded by Commissioner Neset to approve the variance
to allow for impervious surface coverage subject to Condition #3 that the deck be a wooden deck.
Commissioner Berkowitz stated he does not support the restriction that the deck be wooden.
Commissioner Larson and Bobra concurred. Commissioner Bobra said the only concern would
be that the water below the deck could be absorbed.
Commissioner Reinhardt said she feels even a small percentage of impervious surface coverage
added to each home makes a difference in the quality of our lakes. She added she does not see
the hardship.
Approved
Planning Commission Minutes
September 19, 2001
Page #6
Commissioner Gaither questioned if the deck were wooden, would that negate the percentage
coverage variance that is the issue for this addition, thus there would be consistency with the
zoning ordinance and water quality index and the homeowner could exercise his rights.
Commissioner Gaither felt the wooden deck would be an equitable compromise to accomplish
both the homeowner's and City's goals.
Commissioner Gaither clarified that the deck be made of wood with spacing such that it is a
pervious surface. Commissioner Neset added that the soil underneath not be compacted.
MOTION to amend by Commissioner Berkowitz, seconded by Commissioner Larson to strike
Condition #3 which would require that the deck be wood and pervious, and the soil not
compacted.
Roll Call Vote on MOTION to amend. MOTION failed on a 3-4 Vote. (Commissioners
Gaither, Neset, Reinhardt and Chairman Stulberg voting Nay.)
MOTION to amend by Chairman Stulberg, seconded by Commissioner Gaither to add Condition
4 stipulating that this is the extent of the impervious surface coverage on this parcel.
Commissioner Berkowitz wanted to clarify that in the future additional impervious surface may be
allowed if scientific data is provided to document that pavers would be considered pervious.
Roll Call Vote on MOTION to amend. 7 Ayes. MOTION to amend approved unanimously.
Roll Call Vote on Main MOTION. 7 Ayes. MOTION approved unanimously.
B OAKWOOD SQUARE LLC. (2001094 and 2001102)
Chairman Stulberg introduced the request to approve a variance to the sign regulations to allow
tenant wall signs on two street frontages for a multi -tenant retail building for property located at
17405 County Road 6.
Senior Planner Darling explained that the reason these two requests, while similar in nature, were
in different places on the agenda was because of staff's differing response to each (one
recommended for approval and one for denial).
Senior Planner Darling gave an overview of the September 11, 2001 staff reports for both
applications.
Commissioner Reinhardt questioned if the tobacco sign will remain on the northernmost of the
two buildings for which the variances are requested.
Approved
Planning Commission Minutes
September 19, 2001
Page #7
Senior Planner Darling responded that this is a legal, non -conforming sign. When that sign was
approved, 5% coverage on any side of the building was allowed. Now the ordinance allows for
10% on one wall for each street frontage. If the variance is approved, no specific signage has
been determined, but the applicant is considering a sign referencing the convenience store.
Commissioner Berkowitz asked if the obstruction of view to the northernmost building is due to
the sign on the corner by the gas station on County Rd. 101, as that sign needed a variance when
it was installed.
Senior Planner Darling said the obstruction is due primarily to the canopy and the gas station
building itself. She said the side of the northernmost building has less visibility because of the
location of the gas station. Senior Planner Darling maintained that the southernmost building
does not have this hardship since they have full and unobstructed visibility from their primary road
frontage (County Road 101).
Commissioner Bobra questioned if the property can have two signs in order to promote a better
business.
Senior Planner Darling said this would not constitute a hardship as defined by the ordinance.
Chairman Stulberg asked about ordinance standards for awnings and advertising on umbrellas.
Senior Planner Darling stated the awning is considered part of the wall and would be regulated as
part of the signage. Interior window signs and logos on umbrellas are not regulated.
Chairman Stulberg introduced Dave Johnson, 17435 County Road 6, representing Oakwood
Square. Mr. Johnson stated he agreed with staff's recommendations for 5B affecting the
northernmost building but not 7B affecting the southernmost building. With respect to the
southernmost building, Mr. Johnson stated that he feels the hardship occurs when viewing the site
from Country Road 6. He displayed various photos depicting obstruction of the Caribou Coffee
location. Mr. Johnson stated that his main concern is for vehicles traveling east and west on
County Rd. 6 where there is only a 50 -foot corridor view and the southernmost building is set
back 280 feet from County Road 6. He said while he appreciates the trees and berming, they do
present a hardship as the landscaping also blocks the view.
Chairman Stulberg asked if dual or multi -tenant signs would be allowed whereby the existing gas
station signage could be used for more advertising.
Senior Planner Darling responded that the gas station sign is on a separate property from the retail
building so that would be considered offsite signage which would not be allowed in this instance.
Approved
Planning Commission Minutes
September 19, 2001
Page #8
Commissioner Reinhardt commented that while the situation with the southernmost building does
not meet the definition of street frontage on two streets, in her view it could be perceived to have
two street frontages.
Chairman Stulberg introduced Kyle Wareing, 615 N. 3rd Street, representing Caribou Coffee. Mr.
Wareing stated the north access (County Road 6) to the southernmost building is as much a
primary access as the west access (County Road 101).
MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz, to approve a
variance to the sign regulations to allow tenant wall signs on two street frontages for a multi -
tenant retail building for property located at 17405 County Road 6. (2001094—the northernmost
building) Vote. 7 Ayes. MOTION approved unanimously.
MOTION by Commissioner Reinhardt, seconded by Commissioner Neset, to approve the
variance to the sign regulations to allow tenant wall signs on two street frontages for a multi -
tenant retail building for property located at 1400 Country Road 101. (2001102—the
southernmost building)
Commissioner Reinhardt added that the visibility of the building is restricted for a significant
distance along from Country Rd. 6 and she feels this does pose a unique hardship.
Commissioner Berkowitz suggested this sign will not be perceived as an overpowering or out of
character sign and probably would not be noticed unless you were looking in that general
direction.
Senior Planner Darling asked the Commission to clarify if the motion is to approve 10% of the
building wall area as signage or is it just to allow one Caribou Coffee sign. She stated 10% of the
wall area in signage would be allowing 100 square feet of signs, or three signs the size of the one
being shown for Caribou Coffee.
Commissioner Gaither said that while he is pro-business and supports the need to advertise one's
product, he could not support this because he does not view the north side as street frontage. He
stated that he would not want to apply this to another tenant and thus, another sign.
Commissioner Berkowitz said he supports the 10% as stated in the sign ordinance, but would
limit the sign to the business directly behind it.
Commissioner Reinhardt withdrew her MOTION to approve the variance to the sign regulations
to allow tenant wall signs on two street frontages for a multi -tenant retail building for property
located at 1400 Country Road 101. Commissioner Neset concurred.
MOTION by Commissioner Reinhardt, seconded by Commissioner Neset, to approve the
Approved
Planning Commission Minutes
September 19, 2001
Page #9
variance to the sign regulations to allow the tenant one wall sign, for a sign similar in size to the
Caribou Coffee sign on the west side of the building as depicted in the staff report, on two street
frontages for a multi -tenant retail building for property located at 1400 Country Road 101.
2001102—southernmost building)
Senior Planner Darling clarified that this particular variance does go with the land, so another
tenant would be able to put up a different sign with the same square footage that is being
approved.
Commissioner Berkowitz questioned why Photo #7 in the staff report showed 59 square feet and
not 36 square feet as being discussed.
Mr. Johnson said 59 square feet is correct. He reiterated that their request is for a variance to the
sign code for 10%.
Richard Wolfe, 11202 Wren St. NW, representing Caribou Coffee, said the height of the 2' logo
is not shown on Photo #7. When including the logo in the calculation, he said that the square
footage is 59 square feet. He said they would be putting up a sign that is considerably less than
10% of the wall face.
Vote. 7 Ayes. MOTION approved unanimously.
C CITY OF PLYMOUTH
Chairman Stulberg asked for discussion regarding cancellation of the November 21, 2001
Planning Commission meeting.
MOTION by Commissioner Berkowitz, seconded by Commissioner Larson to cancel the
November 21, 2001 Planning Commission meeting. Vote. 7 Ayes. MOTION carried
unanimously.
NEW BUSINESS
Commissioner Reinhardt announced that she will be moving out of Plymouth, so she will be
resigning from the Planning Commission.
MOTION by Commissioner Gaither, seconded by Commissioner Bobra to adjourn. Vote. 7
Ayes. MOTION approved unanimously. The meeting adjourned at 8:56 p.m.