HomeMy WebLinkAboutPlanning Commission Minutes 12-19-2001Approved Minutes
City of Plymouth
Planning Commission Meeting
December 19, 2001
MEMBERS PRESENT: Chairman Michael Stulberg, Commissioners Kapila Bobra,
Peggy Larson, Roger Berkowitz and David Gaither
MEMBERS ABSENT: Commissioner Karl Neset
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning
Manager Barb Senness, Senior Planner Shawn Drill, Planner Rebecca Stoen, and Office
Support Representative Janice Bergstrom
1. CALL TO ORDER
2 PUBLIC FORUM
3 APPROVAL OF AGENDA
4 APPROVAL OF MINUTES
MOTION by Commissioner Gaither, seconded by Commissioner Larson to approve the
December 5, 2001 Planning Commission Minutes. Vote. 5 Ayes. MOTION approved.
5 CONSENT AGENDA
A SAND COMPANIES (20149)
Chairman Stulberg introduced the request by Sand Companies for a variance for a six-foot
temporary security fence in the front yards of Shadow Hills Apartments located at the
northeast corner of Nathan Lane and 45th Avenue.
MOTION by Commissioner Bobra, seconded by Commissioner Berkowitz to approve the
request by Sand Companies for a variance for a six-foot temporary security fence in the
front yards of Shadow Hills Apartments located at the northeast corner of Nathan Lane
and
45th
Avenue. Vote. 5 Ayes. MOTION approved unanimously.
B NUREZ AND YASMIN JAHANI (2001125)
MOTION by Chairman Stulberg, seconded by Commissioner Gaither, to remove Item 5B
from the consent agenda. Vote. 5 Ayes. MOTION approved.
NUREZ AND YASMIN JAHANI (2001125) (Removed from consent agenda)
Approved
Planning Commission Minutes
December 19, 2001
Page 2
Chairman Stulberg introduced the request by Nurez and Yasmin Jahani for a variance for
impervious surface coverage of 28.8% where 25% is the maximum allowed and a side
yard setback of 10 feet where 15 feet is required by the Zoning Ordinance to allow
construction of a 15 -foot by 15 -foot two-story addition to the home located at 12315 -
53rd
Avenue North.
Planner Rebecca Stoen gave an overview of the December 11, 2001 staff report.
Chairman Stulberg introduced the petitioner, Nurez Jahani, 12315 -53rd Avenue North.
Mr. Jahani stated they have extended family living with them which results in the need for
more room such as a family room. Also, Mr. Jahani stated he does some work out of his
home and the upper level of the addition will be his home office. Mr. Jahani added he was
in the Marine Corps for four years and is an American. He said the City was contacted
when he put in a fence and when they landscaped. They had a permit but work was
stopped twice. Their request is similar to what other neighbors have done and he is not
asking more than anyone else would ask.
Chairman Stulberg introduced Rick Markham who resides at 12305 53rd Avenue North.
Mr. Markham said when he bought his home in 1999 he knew the setbacks were 15 feet
and the houses were close together. Mr. Markham displayed photos showing views of his
kitchen, bedroom and backyard. He said the view from the kitchen would be looking at
the proposed two story addition and the light to the second floor bedroom of his home
would also be diminished. Mr. Markham feels property values in neighborhood would be
affected and presented a petition signed by 11 of the 14 property owners in the
neighborhood who were opposed to the variance and feel it would have a negative impact
on the neighborhood.
Chairman Stulberg asked if the 11 neighbors feel this addition would impair their light or
the Markham's light.
Mr. Markham said the neighbors feel that his property would have diminished light. If this
variance passes, then a new neighbor might move in and request a similar variance and
then they would have to be before the Planning Commission again.
Chairman Stulberg introduced Ken Allen who resides at 12405
53rd Avenue North. Mr.
Allen stated he does not feel the variance is fair and equitable and is concerned for his
neighbor, Mr. Markham. He felt the air and light would be an issue. Mr. Allen added the
houses are too close together and Mr. Allen does not want any more like that.
Commissioner Berkowitz asked if the Jahani's request would have been approved if there
were not an impervious surface coverage issue.
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Planning Commission Minutes
December 19, 2001
Page 3
Director Hurlburt responded that notification would have been sent and if there were any
objections, the request would come before the Planning Commission. Planning Manager
Senness added there was an addition to a home immediately to the west which was
administratively approved.
Chairman Stulberg asked when the homes on either side of the Jahani home were built.
Planner Stoen said they were built in the late 1980's and early 1990's.
Chairman Stulberg inquired as to which house was built first. Mr. Jahani responded that
Mr. Markham's home and a home across the street were being built at the same time.
MOTION by Chairman Stulberg, seconded by Commissioner Bobra to approve the
request by Nurez and Yasmin Jahani for a variance for impervious surface coverage of
28.8% where 25% is the maximum allowed and a side yard setback of 10 -feet where 15 -
feet is required by the Zoning Ordinance to allow construction of a 15 -foot by 15 -foot
two-story addition to the home located at 12315 -53rd Avenue North.
Commissioner Larson asked for clarification regarding the house next door getting an
administrative permit.
Planning Manager Senness replied the house immediately to the west had an addition that
could be processed administratively because the addition kept the same setback. An
impervious surface coverage variance was not required.
Chairman Stulberg said he supports this variance because the petitioner purchased the
property when it was okay to build exactly what they are doing. It was the City that
changed the rules, not the petitioner.
Commissioner Bobra and Commissioner Gaither concurred with Chairman Stulberg's
comment.
Mr. Markham asked about exploring the possibility of moving the addition over by 2 feet.
Chairman Stulberg said even if it were moved, the bulk of the addition will still be present.
Mr. Jahani said he is willing to work with neighbors to find something that will be feasible.
Chairman Stulberg stated the City would not become involved in neighborhood
discussions.
Vote. 5 Ayes. MOTION approved unanimously.
Approved
Planning Commission Minutes
December 19, 2001
Page 4
6 PUBLIC HEARINGS
A CITY OF PLYMOUTH
Annual update to the Zoning Ordinance (200113 1)
Comprehensive plan amendment to change the land uses allowed in the CO
Commercial Office) designation (2001145)
Rezoning of the Elmhurst and Elmhurst Gateway neighborhoods (2001146)
Chairman Stulberg introduced the City of Plymouth's annual update to the Zoning
Ordinance, the comprehensive plan amendment to change the land uses allowed in the
Commercial Office designation and the request for rezoning of the Elmhurst and Elmhurst
Gateway neighborhoods.
Senior Planner Drill gave an overview of the December 14, 2001 staff report.
Commissioner Bobra asked if there would be a maximum lot size for the Elmhurst and
Elmhurst Gateway neighborhoods.
Senior Planner Drill responded that there would not be a maximum lot size limitation, but
there would be a minimum lot size requirement of 7,000 square feet under the proposed
RSF-3 zoning.
Commissioner Berkowitz asked if the requirement for submission of air dispersion
modeling could be more specific as to amounts of hazardous materials on sites, and
suggested taking a closer look at not limiting requirements to above ground tanks only.
He inquired if a hazardous material management plan is required.
Senior Planner Drill responded that the requirement for submission of air dispersion
modeling would be in addition to the hazardous material management plan which is
currently required. He added that staff would look further into the amounts of hazardous
materials and at underground storage tanks.
Commissioner Berkowitz asked about helicopter regulations, stating he has seen
helicopters landing at Beautiful Savior Lutheran Church in Plymouth. He speculated the
helicopters could be mosquito control or news helicopters and asked if that is a permitted
use.
Planner Drill stated this activity is not allowed by current code nor would it be allowed
under the proposed provisions. West Health is currently the only permitted heliport.
Director Hurlburt added that emergency landings are exempted from the provisions of the
code but occasional landings are not allowed.
Approved
Planning Commission Minutes
December 19, 2001
Page 5
On the issue of fence side yard requirements, Commissioner Berkowitz asked if
consideration was given to being able to put the side yard fence forward to the front line
of the house or would a variance still be required.
Senior Planner Drill stated the proposed amendment would allow fences up to 6 feet high
to be located at or behind the minimum required front setback line, rather than at or
behind the front building lines as established by the principal structure, and added that this
amendment would help in settings where the home is situated in the rear portion of the lot
and in corner lot settings.
Commissioner Gaither asked if it is the intention to require that a Transportation Demand
Management (TDM) plan be submitted for City approval.
Senior Planner Drill stated that the TDM plan wouldn't need to be approved but would be
required to be submitted with any site plan for businesses that met the employment
threshold. This would be the initial step for the plan to be reviewed and addressed in staff
reports.
Planning Manager Senness said she is a member of the I-494 Corridor Commission and
said other communities in the commission have been actively promoting TDM plans. Ms.
Senness reiterated that this is the first step toward official regulation relating to TDM.
Director Hurlburt added travel demand management plans have not been required for our
review process but now there is support from the corridor commission and other technical
tools that can be helpful to get us started.
Commissioner Larson asked for clarification on the home occupation uses that are
prohibited, in particular the reference to "music instruction unless in a single family home".
Planner Drill stated that music instruction would be limited to single-family homes. This
type of home occupation would not be allowed in an apartment or townhome because of
noise, parking, and traffic concerns.
Commissioner Berkowitz asked if home schooling would be prohibited. Senior Planner
Drill stated that home schooling is not considered a business and would not be prohibited.
Chairman Stulberg asked why a home occupation would allow a3/4 ton truck but not a 1
ton truck as they are similar in size. He suggested that a truck with a bigger box should be
prohibited.
Planner Drill said there is a higher potential for more noise with larger trucks. The 3/4 ton
truck is similar to what you would normally see in a residential area. This provision was
added because one of the complaints about home occupations has been the use of multiple
vehicles or larger trucks.
Approved
Planning Commission Minutes
December 19, 2001
Page 6
Chairman Stulberg asked for clarification on the amendment regarding keeping horses as
an allowable use in the RSF-1 district. Chairman Stulberg questioned if this would be
grandfathered to the current resident or to the current property.
Senior Planner Drill responded this would be grandfathered to the current property.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Del Erickson, 2317 Kirkwood Lane North. Mr. Erickson
said he has lived in the Elmhurst neighborhood since 1964. Mr. Erickson said he views
this as "spot zoning" without any basis, which is not good planning for a neighborhood
that is already developed. He stated that he feels the rezoning would be unfair to the 10
or 11% of the lots in these neighborhoods that meet the current Zoning Ordinance
requirements. Mr. Erickson said that, until recently, he was not aware that his property
was rezoned from R- I A to RSF-2 in 1996 as part of the City-wide rezoning. Mr.
Erickson questions the legality of that rezoning since individual mailed notices were not
sent out to each affected property owner in the City. Mr. Erickson feels this is a viable
neighborhood, and that it's unfair to him to allow the rest of the lots in the neighborhood
to redevelop or construct an addition under a different set of guidelines then he was
subjected to. He said the street right of way is 33 feet in these neighborhoods, and the
City standard is now 50 feet. This compounds the problem with open space and air. The
drainage overflows and erodes the blacktop because there's no curb and gutter. Mr.
Erickson feels there is also an environmental concern in creating more density near a lake.
Mr. Erickson said this rezoning would reduce the value of his property and only through
redevelopment would property value increase, which would be profitable only to a
developer — not a neighbor. Under the RSF-3 zoning, the allowable coverage would be
35% which would be a 5% increase. Mr. Erickson concluded by stating he is adverse to
what the study concluded.
Chairman Stulberg introduced Arlen Johnson, of 1231 lbarra Avenue NE, St. Michael.
Mr. Johnson said he was also speaking for his partner, Trygve Svard, who lives in
Plymouth, and they own a helicopter together. Mr. Johnson offered to help with wording
in the ordinance because of their interest in this topic. He added Mr. Svard has a heliport
on a pad on Schmidt Lake and asked if this use is grandfathered in.
Director Hurlburt said staff could review how long this heliport has been in use as timing
would be critical for non -conforming uses.
Mr. Johnson urged the City to allow open space landing, such as farmland, for helicopters.
He and Mr. Svard have permission from restaurants in the area allowing them to land their
helicopter. He added none of these restaurants are in Plymouth. Mr. Johnson requested
that the current wording in the ordinance not be adopted as they are shut out, and asked if
an amendment could be added. Mr. Johnson said he has one customer and two suppliers
in the area and expressed concern about liberty to fly and land in Plymouth.
Approved
Planning Commission Minutes
December 19, 2001
Page 7
Chairman Stulberg stated that Mr. Svard's letter is part of the public record.
Chairman Stulberg introduced Howard Hanson, 1609 West Medicine Lake Road. Mr.
Hanson asked for clarification on the changes for side yard setbacks and street setbacks.
Mr. Hanson stated that they are right next to the lake and does not think it would be
prudent to increase impervious surface.
Chairman Stulberg introduced Bob Demeules, 1749 West Medicine Lake Drive. Mr.
Demeules said he is concerned about a roadway that was changed and zoning was
changed from residential to park land in an area on 18th
Avenue that has a community
garden. He said there is a problem with parking as there is "No Parking" on either side of
street and parking signs were not updated when the road was redone. Mr. Demeules
stated that when they built 15 years ago, they had a variance because the DNR had a
coverage regulation and asked if the DNR still has such regulations. Mr. Demeules asked
for clarification on the differences between RSF-2 and RSF-3 zoning.
Chairman Stulberg introduced Pat Alagne, 1529 West Medicine Lake Drive. Ms. Alagne
asked if homeowners are at risk of losing their homes if the zoning in the Gateway
neighborhood does not change from RSF-2 to RSF-3, and a lot is under the 12,500 square
feet.
Chairman Stulberg responded that owners are not at risk of losing their homes.
Chairman Stulberg introduced Erica Urban, 1541 West Medicine Lake Drive. Ms. Urban
stated that if lots would be split and more impervious surface results, she hopes nothing
bad will come from this rezoning. She asked if this rezoning will make it easier for people
to improve their properties.
Mr. Erickson asked if, under the proposed ordinance for a 7,000 square foot lot, a second
accessory dwelling on a lot would pose a density problem. Mr. Erickson stated density
should be consistent with the density for the neighborhood. Mr. Erickson said the "granny
flat" is okay, but is concerned about a dwelling on a property becoming a rental property.
Mr. Erickson also questioned why gun repair in the home would be prohibited.
Senior Planner Drill responded that the ordinance wound not prohibit the repair of
firearms in the home by the homeowner on his or her firearms, but would preclude gun
repair as a business in the home. Mr. Drill noted that there are public safety concerns with
firearm businesses, and that they are much more difficult to regulate in a home business
setting. Mr. Drill stated that any existing gun businesses in the home would be allowed to
continue, and that the ordinance would prohibit future sales or repair businesses in the
home upon adoption of the ordinance. He added that the amendment would not effect
gun sales or repair in non-residential zoning districts.
Approved
Planning Commission Minutes
December 19, 2001
Page 8
Chairman Stulberg asked what kind of controls will be provided for the "granny"
accessory use provision.
Senior Planner Drill stated that this accessory building could potentially be placed on a
7,000 square foot single family lot if parking is adequate. Planning Manager Senness
added this would be unlikely because a typical accessory building would have to meet the
same side and rear yard setbacks as the principal building. This would limit such a unit on
a small lot.
Director Hurlburt stated that standards in the draft ordinance would require that the
accessory unit be located above an attached or detached garage and added that for most
homes this is not practical. Accessory dwellings must be hooked up to sewer and water
and a number of standards help limit where these accessory units can be located and that
they are done in a safe manner. Director Hurlburt indicated there are a number of
performance standards - such as parking, setbacks, sewer and water - that are addressed in
the draft ordinance that will help limit when an accessory unit can be added and ensure
that the process is done in a safe manner. Director Hurlburt also felt is was very unlikely
that there would be very many of these situations and does not anticipate density to be a
problem.
Chairman Stulberg asked for clarification on the specific changes the Elmhurst and
Gateway neighborhoods would experience if the rezoning were changed from RSF-2 to
RSF-3.
Planner Drill stated the minimum lot size for RSF-2 is 12,500 and the RSF-3 zoning sets a
minimum lot size requirement of 7,000 square feet. The front yard and rear yard setbacks
of 25 feet would remain the same. The minimum side yard setback for RSF-2 is 10 feet
and the RSF-3 district requires a minimum side yard setback of 8 feet for the living portion
of the home. Planner Drill stated there will be no changes to the impervious surface
requirements. Density is based on the LA -1 guiding which is not changing. LA -1 allows
up to 3 units per acre.
Planner Drill reiterated that the proposed rezoning change will make it easier for property
owners to make a change, such as an addition, to their home. The rezoning may reduce or
eliminate the need for variances.
Director Hurlburt added that if a home is damaged or destroyed by half of its value or
more and it is non -conforming, a variance would be required to rebuild or repair the home.
She said with the rezoning change the property owner would not need a variance to
rebuild. Director Hurlburt noted that DNR shoreland regulations were replaced with the
City's shoreland regulations which were adopted in 1994.
Chairman Stulberg asked about the road design in the area that is now park land and the
parking restrictions.
Approved
Planning Commission Minutes
December 19, 2001
Page 9
Planner Drill stated those lots are north of 18th
Avenue and are owned by the City. The
platted lots are guided PI. Director Hurlburt said parking restrictions are not affected by
the zoning change. Changes in parking restrictions should be addressed by Public Safety
or the Engineering Department.
Chairman Stulberg asked if the property at 2317 Kirkwood is large enough to be divided.
Planner Drill said this lot may have enough area to subdivide but speculated there is not
enough width on the street frontage and would still require a number of variances.
Chairman Stulberg asked if the main reason for rezoning from RSF-2 to RSF-3 is to
ensure that more properties in the Elmhurst and Gateway neighborhoods are conforming
to the zoning ordinance or is it to reduce the number of variances.
Senior Planner Drill stated the intent is to make it easier for existing and future
homeowners to improve their properties without having to apply for a lot area or setback
variance. Mr. Drill added the study that was conducted also looked at the option of
redeveloping the neighborhoods and found that they represent a substantial supply of
affordable housing and that the costs of redevelopment would exceed the benefits.
Director Hurlburt added there are some lots in the Elmhurst neighborhood that may be
large enough to subdivide. Ms. Hurlburt said these lots are contiguous and said an option
would be for these lots to remain zoned RSF-2.
Mr. Erickson stated that he feels all lots should be blanket zoned the same. He also feels
the building coverage change of 30% to 35% is an issue.
Director Hurlburt stated that building coverage was considered, and that most lots in the
Elmhurst neighborhood and all lots in the Elmhurst Gateway neighborhood are also
located in the Shoreland Management Overlay District—which sets a maximum
impervious surface coverage of 25%. The standard that is the most restrictive applies in
such cases.
Chairman Stulberg closed the Public Hearing.
MOTION by Commissioner Gaither, seconded by Commissioner Larson to approve the
annual update to the Zoning Ordinance (2001131).
Commissioner Berkowitz asked staff for further definition of the hazardous materials list.
Mr. Berkowitz also requested addressing whether the requirement for submission of air
dispersion modeling should be limited only to above ground storage tanks that contain
extremely hazardous materials.
Approved
Planning Commission Minutes
December 19, 2001
Page 10
Chairman Stulberg asked staff to review the provision for home occupations that will limit
the truck size to 3/4 ton and asked if 1 ton trucks could be considered acceptable as the
truck size limit.
Chairman Stulberg also asked staff to review the amendment pertaining to airports as
accessory uses and determine if rewording can be done or if the proposed amendment
needs further study. Chairman Stulberg recommended that further study be done and
Commissioner Berkowitz concurred with the recommendation to conduct further studies
on this issue.
Director Hurlburt clarified that these issues set for discussion would be resolved before
going to City Council or staff would not recommend adopting the amendments at this
time.
Roll Call Vote. 5 Ayes. MOTION approved unanimously.
MOTION by Commissioner Gaither, seconded by Commissioner Berkowitz to approve
the comprehensive plan amendment to change the land uses allowed in the CO
Commercial Office) designation (2001145). Roll Call Vote. 5 Ayes. MOTION
approved unanimously.
MOTION by Commissioner Gaither, seconded by Commissioner Larson to approve the
rezoning of the Elmhurst and Elmhurst Gateway neighborhoods (2001146).
Commissioner Berkowitz concurred with staff's suggestion to take a look at the map to
see which lots could potentially be subdivided and make a recommendation to Council if
these lots should be rezoned or remain zoned RSF-2.
Chairman Stulberg stated he will not be voting in favor because he did not see a
compelling need to rezone.
Senior Planner Drill said that rezoning will make it easier for homeowners to improve and
maintain their properties without requiring a variance.
Commissioner Gaither said he is supports the rezoning because he does not believe
variances are the way to protect the interest of the community, as the exception then may
become the rule.
Roll Call Vote. 4 Ayes. MOTION approved on a 4-1 Vote. (Chairman Stulberg voted
nay.)
7 NEW BUSINESS
A CITY OF PLYMOUTH (2001004)
Approved
Planning Commission Minutes
December 19, 2001
Page 11
Chairman Stulberg introduced the City of Plymouth's review of draft park dedication
requirements section of the subdivision ordinance.
Director Hurlburt gave an overview of the November 30, 2001 staff report.
Commissioner Gaither asked for clarification as to how calculations are done for new
schools.
Director Hurlburt said depending on which school, private or public, is subdividing land
for the purpose of building a school, the calculation will be based on the number of
students projected to come from outside the community. The amount will be based on a
proportionate number of students that that entity serves who do not already live in the
City of Plymouth.
B CANCELLATION OF JANUARY 2, 2002 PLANNING COMMISSION
MEETING
MOTION by Chairman Stulberg, seconded by Commissioner Bobra to cancel the January
2, 2002 Planning Commission meeting. Vote. 5 Ayes. MOTION approved
unanimously.
Chairman Stulberg advised that three new commissioners have been appointed to the
Planning Commission. The new commissioners are Kendall Griffith, Jason Rohloff and
James Holmes. Mr. Holmes will finish Sarah Reinhardt's term and Mr. Rohloff and Mr.
Griffith will be present for the February 6, 2002 Planning Commission meeting.
8 ADJOURNMENT
MOTION by Commissioner Larson, seconded by Commissioner Bobra to adjourn. Vote.
5 Ayes. MOTION approved unanimously. The meeting adjourned at 9:35 p.m.