HomeMy WebLinkAboutPlanning Commission Minutes 08-02-2000Approved Minutes
City of Plymouth
Planning Commission Meeting
August 2, 2000
MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Bob Stein, Roger
Berkowitz, John Stoebner, Karl Neset, and Sarah Reinhardt
MEMBERS ABSENT: Commissioner Kapila Bobra
STAFF PRESENT: Community Development Director Anne Hurlburt, Planners Kendra
Lindahl and Shawn Drill, Planning Assistant Joshua 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
Commissioner Berkowitz asked that the second to the last paragraph on Page 7 be deleted. He
also noted that the first paragraph on Page 8 should be the "east" instead of "west" parking lot at
LifeTime Fitness.
MOTION by Commissioner Berkowitz, seconded by Commissioner Stein to approve the July 9,
2000 Planning Commission Minutes as amended. Vote. 6 Ayes. MOTION approved
unanimously.
5 CONSENT AGENDA
A SKYLINE DESIGN (20112)
MOTION by Commissioner Stein, seconded by Commissioner Reinhardt recommending
approval of a variance from the maximum impervious surface area coverage in the Shoreland
Management Overlay District to allow construction of a home addition by Skyline Design for
property located at 1224 Archer Lane North. Vote. 6 Ayes. MOTION approved unanimously.
6 PUBLIC HEARINGS
A WALSER CHEVROLET (20074)
Chairman Stulberg introduced the request by Walser Chevrolet for a land use guide plan
amendment, rezoning, lot consolidation and site plan amendment for a parking lot expansion at
9825 56th Avenue North.
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Chairman Stulberg stated that based on a delay in receipt of some information related to the
project, staff is requesting that the Commission open the public hearing and continue it to the
September 6, 2000 meeting.
Chairman Stulberg opened the public hearing. MOTION by Chairman Stulberg, seconded by
Commissioner Stoebner to continue the public hearing to September 6, 2000. Vote. 6 Ayes.
MOTION approved unanimously.
B DUANE STEGORA AND VALERI NOSSOV (20098)
Chairman Stulberg introduced the request by Duane Stegora and Valeri Nossov for a preliminary
plat and conditional use permit for Stegora Addition for property located east of South Shore
Drive and north of 11th Avenue.
Planner Drill gave an overview of the July 26, 2000 staff report.
Chairman Stulberg introduced Duane Stegora, the petitioner.
Mr. Stegora stated that he concurs with the staff report.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced William Bodette of 1144 Trenton Circle. Mr. Bodette asked if the
proposed single family dwellings will be rental units. Mr. Bodette commented that the existing
family dwelling is a rental unit which is not maintained properly. He said that the property is
overgrown with weeds. Mr. Bodette said that he objects to the proposal if the units will be rental
units and are not properly maintained.
Chairman Stulberg introduced Marvin Koehler of 1140 Trenton Circle North. Mr. Koehler
declined to speak.
In response to Mr. Bodette's question, Mr. Stegora replied that he's not sure if the new single
family dwellings will be rental or for sale units. Mr. Stegora stated that he just purchased the
property last December. He said that the tenants of the existing home moved out last December,
and they are now remodeling the inside of the house. Mr. Stegora stated that weeds are taking
over the back of the property. Planner Drill stated that the ordinance states that any grass over
six inches tall or noxious weeds can be tagged for a weed violation and the City can mow the
area and bill the property owner. Mr. Stegora stated that he anticipates doing some landscape
work in the back, but it will take time to do so. Mr. Stegora stated that the property is normally
mowed once a week.
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Chairman Stulberg asked if the City has any discretion over whether a property is rental versus
for sale. Planner Drill responded negatively and added that an application is reviewed the same
either way.
MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz recommending
approval of a preliminary plat for Valeri Nossov and Duane Stegora for Stegora Addition and
conditional use permit for Valeri Nossov and Duane Stegora to allow two single family homes in
the RMF -2 Zoning District for property located northeast of South Shore Drive and 11th Avenue.
6 Ayes. MOTION approved unanimously.
C MARY LEUER (20099)
Chairman Stulberg introduced the request by Mary Leuer for a conditional use permit for more
than one accessory building on property located at 17435 Medina Road.
Planning Assistant Doty gave an overview of the July 20, 2000 staff report.
Commissioner Reinhardt asked how was the Building Division found out about the accessory
building. Planning Assistant Doty replied that staff drove by and saw the construction taking
place and issued a stop work order because there was no building permit for the structure.
Commissioner Stein asked how large the first accessory building could be. Planning Assistant
Doty replied up to 1,000 square feet. Commissioner Stein noted that the two buildings together
are less than what is allowed for one building.
Chairman Stulberg introduced Mary Leuer, the petitioner. Ms. Leuer concurred with the staff
report.
Chairman Stulberg asked the applicant if she knew that a permit was needed. Ms. Leuer
responded negatively. She said that it has cost her $800.00 for a $2,000 shed. Chairman
Stulberg asked if the applicant would have gone ahead with construction of the shed had she
known she needed a permit. Ms. Leuer said that she would have perhaps downsized the shed so
that it wouldn't have required a permit, even though they actually need one this size.
MOTION by Commissioner Stoebner, seconded by Commissioner Stein recommending
approval of a conditional use permit for Mary Leuer to allow more than one accessory building
on property located at 17435 Medina Road. Roll Call Vote. 6 Ayes. MOTION approved
unanimously.
D QWEST WIRELESS, LLC (20102)
Chairman Stulberg introduced the request by Qwest Wireless, LLC for a site plan amendment
and conditional use permit to install a 59 -foot monopole tower, antennas and related ground
equipment located at 15395 31st Avenue North.
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Planning Assistant Doty gave an overview of the July 20, 2000 staff report.
Chairman Stulberg introduced Larry Coleman and David Mitchell, representing the petitioner.
Mr. Coleman said that there will be three antennas instead of two as noted in the staff report.
Mr. Coleman used his cellular phone to demonstrate that they receive a weak signal in this area.
Chairman Stulberg asked where there closest antenna is in the City. Mr. Mitchell replied that
they have several locations in Plymouth, but the closest ones are near Rockford Road on the NSP
tower and the water tower on County Road 6. Chairman Stulberg asked if their other locations
are co -located. Mr. Mitchell replied affirmatively. He said that they have one tower that is
located in a right-of-way which doesn't require co -location.
Commissioner Stein asked if there is a reason that the pole is designed for only one additional
carrier. Mr. Coleman replied that because of the structure height, there is only room for one
additional carrier.
Chairman Stulberg asked if staff s recommendation would change because of the three antennas
versus two. Director Hurlburt stated that she thought the review implied two carriers which is
correct.
Chairman Stulberg opened and closed the public hearing as there was no one present to speak on
the issue.
MOTION by Commissioner Stein, seconded by Commissioner Stoebner recommending
approval of a site plan amendment and conditional use permit for Qwest Wireless to allow the
placement of a monopole tower, antennas and related ground equipment at 15395 31st Avenue
North. Roll Call Vote. 6 Ayes. MOTION approved unanimously.
E DAVID AINSWORTH (20113)
Chairman Stulberg introduced the request by David Ainsworth for a conditional use permit to
construct a 1,170 square foot attached garage for property located at 950 Garland Lane.
Planner Lindahl gave an overview of the July 24, 2000 staff report.
Commissioner Stein questioned what is different about the building code requirements for a
garage this size. Planner Lindahl explained that if a garage is in excess of 1,000 square feet, the
building code requires higher construction standards.
Commissioner Berkowitz asked if the door depicted on the front view of the home is required by
code. Planner Lindahl replied that the applicant proposed the door and it is not required by code.
Chairman Stulberg introduced David Ainsworth, the petitioner. Mr. Ainsworth concurred with
the staff report. Mr. Ainsworth stated that the door could be removed, but it was proposed to
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give it a residential feel. Commissioner Berkowitz said that he doesn't have a problem with the
door.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Judy Melinat of 16810 9th Avenue. Ms. Melinat said that she
doesn't have any questions — she just wanted to hear about the proposal.
Chairman Stulberg closed the public hearing.
MOTION by Commissioner Stoebner, seconded by Commissioner Berkowitz recommending
approval of a conditional use permit for David Ainsworth to construct a 1,170 square foot
attached garage on property located at 950 Garland Lane North. Roll Call Vote. 6 Ayes.
MOTION approved unanimously.
F RELIANCE DEVELOPMENT CO LLP (20004)
Chairman Stulberg introduced the request by Reliance Development Co. LLP for a site plan and
conditional use permits for retail development to include a bank, convenience store with fuel and
car wash, two drive-through restaurants, and a day care facility on property located at the
northwest corner of Highway 55 and Peony Lane.
Planner Drill gave an overview of the July 26, 2000 staff report.
Commissioner Reinhardt asked how big the buffer is along the northern edge of the property.
Planner Drill replied that it ranges from 10 to 30 feet wide. Commissioner Reinhardt asked if a
portion of it would be filled for the entrance. Planner Drill replied affirmatively and said that
they would have to mitigate. That particular application goes to the City Council for approval.
Director Hurlburt stated that they are not subject to the City's buffer requirements.
Commissioner Stein asked if the City has received any proposals or had any discussions
pertaining to the property located on the southwest corner of Peony Lane and Old Rockford
Road. Planner Drill stated that the site is guided commercial, and that there haven't been any
discussions or proposals as of yet.
Commissioner Stein noted that there will be a lot of traffic on this site, and asked if staff is
comfortable with the proposal. City Engineer Faulkner replied that staff has reviewed the
proposal and doesn't anticipate any traffic problems.
Commissioner Reinhardt asked if both restaurants are going to be fast-food restaurants. Planner
Drill replied that both restaurants would have drive-through service, and that either type requires
a conditional use permit.
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Chairman Stulberg asked if the landowner to the west contacted the City about a cross -easement.
Planner Drill said that the City had recently received a letter from the property owner to the west,
asking to have access to this area through the proposed development, and that staff is not
supporting a cross -easement.
Chairman Stulberg introduced Peter Hilger of Portfolio Design, representing the applicant. Mr
Hilger said that they have made significant changes since April because of wetland issues. Mr.
Hilger presented colored renderings of the proposed project and a pallet of suggested materials.
Chairman Stulberg introduced Vince Driessen, the applicant. Mr. Driessen stated that he concurs
with staff report except for some engineering technicalities.
Chairman Stulberg introduced a letter dated August 2, 2000 from Vince Driessen and a letter
dated July 29, 2000 from Brad and Tarrie Davenport, property owner of 4435 Peony Lane North.
Chairman Stulberg continued the public hearing
Chairman Stulberg introduced Jim Yarosh, attorney for the Fine family. Mr. Yarosh said that
Mr. Fine supports the project but wants to maintain some sort of access through this site to
connect to the western properties. He said that if access is not required as part of this
development, the opportunity will be lost. Mr. Yarosh asked if the utilities are being extended to
the edge of the property. He asked if the roadway could be extended or give access some other
way to the west property.
Chairman Stulberg closed the public hearing.
In response to questions raised, Planner Drill said that staff does not support a connection for
access purposes, as there is not adequate width for any type of public street, and it would make
this development congested for cars to pass through to get to the west. City Engineer Faulkner
concurred. He added that with the particular uses such as a daycare and restaurants, staff doesn't
want to encourage through traffic. Director Hurlburt stated that the Transportation Plan was just
updated and Old Rockford Road is the frontage road. She said that the property to the west has
access from Old Rockford Road and staff wouldn't require additional access as part of
development.
City Engineer Faulkner stated that utilities will be extended to their west property line, which is
required of this developer.
Commissioner Reinhardt asked if cross -easements would be considered when the western
portion develops. Planner Drill said that the land to the west is currently located in Study Area
E, and staff doesn't know whether the land will be residential or commercial. He said that the
property does have access from Old Rockford Road, and it is not a good idea to impose the
traffic through this development. He added that approval would not necessarily preclude access
through the Reliance site in the future, if the land owners could reach such an agreement.
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MOTION by Commissioner Reinhardt, seconded by Commissioner Stoebner recommending
approval of a site plan and conditional use permits for Reliance Development Company, LLC for
Peony Promenade, a retail development on property located north of Highway 55 and west of
Peony Lane. Roll Call Vote. 6 Ayes. MOTION approved unanimously.
G CITY OF PLYMOUTH (20104)
Chairman Stulberg introduced the request by the City of Plymouth for rezoning from FRD
Future Restricted Development) to RSF-1 (Single Family Detached Dwelling District 1), site
plan amendment, and variances to construct additional ballfields, soccer fields and associated
facilities, including a parking lot at Greenwood Elementary School located at 18005 Medina
Road.
Planner Lindahl gave an overview of the July 24, 2000 staff report.
Commissioner Stein asked why the proposal if for rezoning to RSF-1 instead of P -I. Planner
Lindahl said that RSF-1 is consistent with the land use guide plan and the proposed uses, and that
P -I would require a reguiding.
Chairman Stulberg introduced Eric Blank, Park and Recreation Director. Mr. Blank said that he
is available for questions. He stated that there are a lot of these activities currently taking place
on the site. He added that the proposed fields would be used for programs geared toward
children 12 and under.
Commissioner Berkowitz asked if there are any plans to recondition the soil on the soccer fields.
Director Blank said that the soil is typical of a grade school fields, but they are adding six inches
of top soil and an irrigation system.
Chairman Stulberg continued the public hearing.
Chairman Stulberg introduced Donald Meyer of 17829 38th Avenue. Mr. Meyer was no longer
present.
Chairman Stulberg closed the public hearing.
MOTION by Commissioner Stein, seconded by Commissioner Reinhardt recommending
approval of an ordinance amending Chapter 21 (Zoning Ordinance) of the City Code to
reclassify certain land located on the Greenwood Elementary School site and a site plan
amendment and variances for the City of Plymouth to construct additional ball fields, soccer
fields and associated facilities at Greenwood Elementary school located at 18005 Medina Road.
Commissioner Reinhardt stated that the seven variance standards weren't addressed individually
in the staff report. She said that she noticed that the standards haven't been addressed
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individually on several City applications and doesn't want the public to think that the City
applications are not held to the same scrutiny as other applications. Director Hurlburt said that
staff will ensure that the standards are addressed separately from now on.
7 NEW BUSINESS
A MICHAEL REGET (20111)
Chairman Stulberg introduced the request by Michael Reget for a shoreland variance to exceed
the 25 percent impervious surface coverage for an at grade swimming pool for property located
at 5775 Annapolis Lane North.
Planning Assistant Doty gave an overview of the July 20, 2000 staff report.
Commissioner Stoebner asked if the drainage to the lake is increased or decreased with the
proposed pool. Planning Assistant Doty replied that drainage to the properties to the west would
not increase. City Engineer Faulkner said that the amount of drainage to the lake would be
decreased.
Director Hurlburt asked if the deck area drains toward the pool or toward the yard. Planning
Assistant Doty said that it will drain to the west. City Engineer Faulkner asked where the deck
slopes to. Planning Assistant Doty responded that drainage in the rear yard heads west.
Commissioner Reinhardt asked how long the shoreland variance has been in affect. Director
Hurlburt said that she wasn't sure, but that it was in affect at the time this subdivision was
platted.
Chairman Stulberg introduced Mike Reget, the petitioner. Mr. Reget stated that the pool rim
slopes away from the pool. He said that it is very difficult to show hardship for a swimming
pool. He stated that Senior Engineering Technician Darrell Johnson looked over the area very
carefully, and analyzed the maps of the area and came to the conclusion that the odds of any
increased drainage from the yard ever having any affect on Mud Lake is slim to none. He said
that Mr. Johnson commented that the neighbors behind their property would want them to put in
a pool as it should help with the drainage.
Chairman Stulberg introduced Jean Kessler of 13825
50th Avenue North. Ms. Kessler stated that
she is concerned with drainage. She said that a portion of the Camelot Overlook development
was engineered to drain into her lot and several others. She said that she doesn't know if a pool
and patio would increase or decrease the drainage, but she doesn't want the current drainage
problem to be compounded.
City Engineer Faulkner stated that when developers plan their drainage systems, they have to
work with the existing natural drainage patterns which is to the west for this area. The houses
are higher on Annapolis which will naturally drain to the west. He said that the natural
conditions need to be maintained. Director Hurlburt asked if there are drainage swales and
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easements on the south side of
58th
Avenue. City Engineer Faulkner stated that he hasn't visited
the site, but it is typical. Director Hurlburt asked what kind of problems Ms. Kessler is having.
Ms. Kessler stated that her home was there before the Camelot development was built. She said
that she tried to get a silt barrier because mud was running onto her lawn, but the neighbors have
not been cooperative. Ms. Kessler stated that she still gets all of the rain across the back yard of
her property. Chairman Stulberg asked if there is a drainage easement. Ms. Kessler said she
wasn't sure. Director Hurlburt said that there probably is, which is fairly standard.
Chairman Stulberg said that the pool rim, which is over 50 percent of the size of the pool, is
probably more impervious than grass or plantings. He said that the trade off probably isn't there.
Commissioner Reinhardt asked where the 1,000 foot limit came from in the ordinance. Director
Hurlburt said that the distance from a lake or shoreland is a legacy from the State's Shoreland
Ordinance. She said that the distance amount comes from the DNR's regulations. She said that
the City needs to consider each application on an individual basis.
Ms. Kessler said that she doesn't have anything against the proposed pool, but she is concerned
about the drainage issues.
MOTION by Commissioner Stoebner, seconded by Commissioner Berkowitz recommending
approval of a variance for impervious surface area coverage in the Shoreland Management
Overlay District for a swimming pool for Michael Reget on property located at 5775 Annapolis
Lane North.
Commissioner Stoebner said that the issue of more or less runoff to the lake side could be
debated, but the conclusion seems to be it would actually produce less runoff He said that the
proposed pool would result in more of the water being treated and could improve the quality of
the water going to the lake.
Commissioner Berkowitz stated that the State's Shoreland Ordinance isn't comprehensive
enough for each individual lake. He said that he doesn't see how a swimming pool and rim will
adversely affect the lake.
Commissioner Reinhardt said that the Commission has seen a lot of applications for variances
for the impervious surfaces and each one adds up. She said that at some point we have to say no
to protect our lakes. She added that variances should only be allowed where there is a
uniqueness or hardship.
Commissioner Stoebner stated that on similar applications, the City Council has said that pools
advance the quality of the lake.
Chairman Stulberg questioned #2A of the approving resolution, stating that if this application is
approved then other properties not adjacent to Mud Lake may have the same thought.
Commissioner Berkowitz commented that he doesn't necessarily agree with that finding.
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Director Hurlburt said that the finding came from a previous application, and can be easily
eliminated if needed. She said that a variance does not set a precedent, as each one needs to be
looked at.
Commissioner Stoebner concurred that the language would not be appropriate. He suggested
that substitute language pertaining to the fact that topography and direction of the drainage are
unique and that part of the runoff will be treated before drainage to the lake. Commissioner
Berkowitz concurred with the substitute language.
Vote. 3 Ayes. MOTION failed on a 3-3 Vote. (Commissioners Reinhardt and Neset and
Chairman Stulberg voted Nay.)
MOTION by Commissioner Reinhardt, seconded by Commissioner Neset recommending denial
of a variance for impervious surface area coverage in the Shoreland Management Overlay
District for a swimming pool for Michael Reget on property located at 5775 Annapolis Lane
North. Vote. 3 Ayes. MOTION failed on a 3-3 Vote. (Commissioners Stein, Berkowitz and
Stoebner voted Nay).
Commissioner Stein said that the pool would actually help by treating the water before draining
to the lake. He said that the property owner shouldn't be penalized just because they live by the
lake.
Commissioner Stoebner said that he would oppose the variance if it were detrimental to the lake.
He said that the proposal is positive and could help the drainage issues with the adjoining
property owners.
Chairman Stulberg said that the Ordinance states 1,000 feet and that is all staff and the
Commission has to go by whether it is right or not, and his decision has to be based on the
ordinance.
Director Hurlburt said that the proposal could either be sent to the City Council without a
recommendation or tabled to another meeting. Chairman Stulberg said that it wouldn't be fair to
the applicant to delay the proposal to another meeting. He said that the City Council would act
on the proposal with or without a recommendation from the Planning Commission. City
Engineer Faulkner said that staff could probably do some more technical analysis before the item
goes to the City Council. Director Hurlburt noted that if the proposal goes forward without a
recommendation, it will go to the City Council on August 22. She said that staff's
recommendation may change depending upon the outcome of additional data.
Director Hurlburt stated that the Metropolitan Council reviewed the Comprehensive Plan and it
will be adopted by the City Council at their meeting on August 8.
Commissioner Berkowitz asked what the City's position can be with the State regarding the
Shoreland Management Ordinance. Director Hurlburt said that the Water Quality Plan does not
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negate the need for the Shoreland Ordinance. She said that the DNR would have to approve any
changes, and they don't want cities to have a lot of flexibility. She stated that the DNR doesn't
object to variances, as they feel that a variance is the proper way to handle these type of
situations. Director Hurlburt stated that staff also feels that a variance is best way to continue.
Commissioner Berkowitz suggested that the staff report could address the bigger picture, such as
Mud Lake versus a lake that is fully developed around it.
MOTION by Commissioner Reinhardt, seconded by Commissioner Berkowitz to adjourn.
Vote. 6 Ayes. MOTION approved unanimously. The meeting was adjourned at 9:12 p.m.