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HomeMy WebLinkAboutPlanning Commission Minutes 02-10-1999Approved Minutes City of Plymouth Planning Commission Meeting February 10, 1999 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Bob Stein, Roger Berkowitz, John Stoebner, and Sarah Reinhardt MEMBERS ABSENT: Commissioners Bob Sipkins and Allen Ribbe STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Supervisor Barbara Senness, Planners Shawn Drill and John Rask and Clerical Supervisor Denise Hutt 2 Public Forum: Commissioner Reinhardt thanked the City Council for appointing her to the Commission and is looking forward to her role on the Commission. 4 Approval of Minutes MOTION by Commissioner Berkowitz, seconded by Commissioner Stein to approve the January 27, 1999 Planning Commission Minutes. Vote. 3 Ayes. MOTION approved unanimously. (Commissioners Stoebner and Reinhardt abstained.) MOTION by Commissioner Berkowitz, seconded by Commissioner Reinhardt to approve the February 3, 1999 Special Planning Commission Minutes. Vote. 4 Ayes. MOTION approved unanimously. (Commissioner Stoebner abstained). 6 Public Hearing A The Rottlund Company, Inc. (99004) Chairman Stulberg introduced the request by The Rottlund Company, Inc. for a Planned Unit Development Amendment to allow a one -foot four -inch cantilever encroachment into the required 15 -foot wetland buffer setback for 47 townhomes in The Village at Bassett Creek located south of 10th Avenue, north of Highway 55 and west of Revere Lane. Planner Drill gave an overview of the February 3, 1999 staff report. Planner Drill presented a letter dated February 7, 1999. Chairman Stulberg asked Planner Drill to show on the plan exactly the part that will be in the encroachment and what is allowed in the encroachment according to the ordinance. Planner Drill depicted on the plans what piece would fall into the encroachment. He said Approved Planning Commission Minutes February 10, 1999 Page #16 up to two and one-half feet is allowed as long as it is not longer than 10 feet. Director Hurlburt commented that it basically will have no affect on the setback since it is 2 '/2 stories off the ground. Commissioner Stoebner asked if it is possible to have a structure with a cantilever that is at ground level. Director Hurlburt said that if it is on the ground, then it is not a cantilever by definition, but you could have one on the first floor that would be off the ground. Commissioner Reinhardt asked if there is a structural reason why the zoning ordinance limits it to 10 feet. Director Hurlburt stated that the ordinance has been consistent with 10 feet for a long time and it was meant for bay windows. Chairman Stulberg introduced Dustin Kern, representing the petitioner. Mr. Kern said that he concurs with the staff report and is available for questions. Chairman Stulberg asked why the applicant doesn't just move the building one and one- half feet. Mr. Kern said that the lots have already been laid out and it wouldn't be financially feasible to change it as this time. Chairman Stulberg asked what they would do if the proposal wasn't approved. Mr. Kern answered that they would have to find another product that doesn't have cantilevers. Chairman Stulberg introduced a letter dated February 5 from Nancy Kotowski and Denis Bailey of 1112 Trenton Circle objecting to the cantilever encroachment. MOTION by Commissioner Stoebner, seconded by Commissioner Reinhardt recommending approval of a PUD Amendment for the Rottlund Company, Inc., to allow a one -foot four -inch cantilever encroachment into the required 15 -foot wetland setback for 47 townhomes for The Village at Bassett Creek PUD; an Ordinance amending Chapter 21 of the City Code to amend Section 21655.15 for The Village at Bassett Creek PUD; and Findings of Fact for amending the Zoning Ordinance text for The Village at Bassett Creek PUD located south of 10th Avenue, north of Highway 55 and west of Revere Lane. Roll Call Vote. 5 Ayes. MOTION approved unanimously. 7 New Business A Raymond Rasmussen (99001) Chairman Stulberg introduced the request by Raymond Rasmussen for a variance for an existing accessory shed to be located in a "front" yard for property located at 440 Weston Lane North. Planner Rask gave an overview of the February 3, 1999 staff report. He noted a correction to Page 2 of the staff report stating that Section 21105 should read 21005. Approved Planning Commission Minutes February 10, 1999 Page #17 Planner Rask stated that the Commission received a petition signed by 17 residents and a letter dated February 7, 1999 from Robert Daly of 450 Weston Lane North stating that they do not object to the shed. Commissioner Reinhardt asked if there was any way that this could have been avoided. Planner Rask stated that staff does try to obtain all the necessary information when talking with a citizen, but if they simply asked if they need a permit to construct a shed, the answer would have been no. Commissioner Reinhardt asked if the applicant could have done something different. Planner Rask replied negatively, as the applicant probably asked the right questions for what he wanted to do. Commissioner Stein asked if the trees would have to be removed to accommodate the shed. Planner Rask stated that he didn't think the trees would have to be removed, that something could be worked out. Commissioner Stoebner stated that staff states in the report that granting the variance would be detrimental. He wanted to know if the same were true if the shed were moved 11 feet. Planner Rask replied that typically a 25 -foot setback is required for safety reasons. Chairman Stulberg introduced Raymond Rasmussen, the petitioner. Mr. Rasmussen stated that it is hard to understand that what he thought was his back yard is actually, by zoning ordinance definition, a front yard. He noted a correction to his narrative, that the second paragraph should read 15 feet instead of 15 '/z feet. Mr. Rasmussen said that he called in to the City to find out how big a shed could be built, and then he proceeded to built a 10 -foot by 12 -foot slab at a cost of $720. He said that the woman he talked to told him the size of shed that he could build without requiring a permit. He said that there was no mention about the definition of a front yard. Mr. Rasmussen said that his neighbors don't know that they have two front yards. Mr. Rasmussen presented pictures of the shed from different angles. Mr. Rasmussen said that the Commission should consider the negative impact on the market value of the Daly's home if he had to move his shed. Mr. Rasmussen said that he doesn't want to have to move the shed as the slab cost him $720 and that someone should have informed him that the shed was not allowed in what is referred to as the front yard as defined in the zoning ordinance. Commissioner Stein asked how far the back of the shed is from the curb on Vicksburg Lane. Planner Rask replied between 30 to 35 feet. Chairman Stulberg said that he hopes Mr. Rasmussen understands that the City is not in the business of trying to mislead their citizens. He said that he hopes that we will learn from this situation and that we can communicate better with the citizens. Chairman Stulberg commented that this particular part of the ordinance has not changed over the years. Chairman Stulberg noted that the staff has to enforce the ordinance and the staff report is just an indication of what the ordinance requires. Approved Planning Commission Minutes February 10, 1999 Page #18 Director Hurlburt apologized to Mr. Rasmussen on behalf of the department that he didn't get the information required. She said that there are a lot of factors and complexity when dealing with the zoning ordinance. She said that staff maybe should have asked a few more questions and the verbal information was not as complete as it could have been. Mr. Rasmussen said that if he had been given the correct information on October 30th by city staff, the shed would not have been started. Chairman Stulberg asked the applicant if the shed is currently in the best place for his lot. Mr. Rasmussen replied affirmatively. MOTION by Chairman Stulberg, seconded by Commissioner Stein recommending approval of a Variance to allow an accessory structure in the front yard for Raymond Rasmussen for property located at 440 Weston Lane North. Chairman Stulberg said that the proposal meets all seven of the criteria. He said that the lot is unusual and the shed is probably in the best place. Commissioner Berkowitz concurred with Chairman Stulberg He said that if the application was before the Commission before the slab has been poured, it may have been different, but this is the minimum action to alleviate the hardship. Commissioner Stoebner commented that if the shed were moved, it would be more visible. Commissioner Stein stated that the shed is 30 feet back from Vicksburg Lane. Vote. 5 Ayes. MOTION approved unanimously. B Work Program for Completion of Comprehensive Plan Director Hurlburt gave an explanation of what is needed yet to complete the Comprehensive Plan. She said that we are now ready to move on to the broader planning process and that the City is now working with SRF. The City is finalizing the details of the work plan and the contract for SRF for City Council consideration. She presented a tentative schedule of events for elements of the plan. Chairman Stulberg said that the handout indicates that the joint meeting in March will be held on the 23rd. Director Hurlburt said that it should be March 31st. Commissioner Stein said that he can't attend the March 31st meeting. Director Hurlburt introduced Charlene Zimmer, principal with SRF. Ms. Zimmer gave an overview of their firm stating that they have a large staff to draw from to complete this project on schedule. Three major elements that will involve intensive involvement are the Land Use Element, Transportation Element, and Park, Open Space and Trail Element. Approved Planning Commission Minutes February 10, 1999 Page #19 She said that Task 12 deals with public and agency review process. Ms. Zimmer stated that most of the other elements just require updating, and once the work is completed, the City will have a complete document in a uniform fashion. Chairman Stulberg asked if the City will be able to stick to the schedule since it is so aggressive. Director Hurlburt said that the schedule is doable, but as you get into issues, there may be additional issues that may need to studied or require additional public input meetings, which will cause the schedule to slip or delay. She said that we all need to be need to be prepared for that. Ms. Zimmer said that both the City staff and SRF staff have spent a lot of time over the last couple of weeks defining key activities for each group, and have laid out a process to keep the substantive work on schedule. Commissioner Stein asked how the public will be kept informed through the process. Director Hurlburt stated that the Northwest Notes will continue, and that the City would also use Plymouth News, the cable television channel, and open houses. Commissioner Stein suggested that an article be put in the next Plymouth News, also in the Plymouth Sun -Sailor and a spot on the cable television channel. Chairman Stulberg suggested that something could be videotaped to air continuously for the cable television channel similar to what was done for Northwest Plymouth. C 1998 Annual Report and 1999 Work Program Director Hurlburt gave an overview of the February 4, 1999 staff report. MOTION by Chairman Stulberg, seconded by Commissioner Berkowitz to accept the 1998 Annual Report. Vote. 5 Ayes. MOTION carried unanimously. Commissioner Reinhardt asked if more tasks could be shifted to the first two quarters for the Work Plan. Director Hurlburt stated that the first two quarters actually involve the most work already. MOTION by Commissioner Stoebner seconded by Commissioner Reinhardt to approve the 1999 Work Plan. Vote. 5 Ayes. MOTION carried unanimously. D Appointment of Planning Commission Chair and Vice Chair for 1999. MOTION by Commissioner Stoebner, seconded by Commissioner Stein recommending Mike Stulberg for Planning Commission Chairman. Vote. 5 Ayes. MOTION carried unanimously. Approved Planning Commission Minutes February 10, 1999 Page #20 MOTION by Commissioner Stoebner, seconded by Commissioner Stein to table the selection of a Vice -Chair until the February 24th meeting. Vote. 5 Ayes. MOTION carried unanimously. E Appointment of Planning Commissioner to serve as liaison to the Park and Recreation Advisory Committee. MOTION by Chairman Stulberg, seconded by Commissioner Stoebner recommending that Commissioner Stein be appointed to the Park and Recreation Committee for a term of six months. Vote. 5 Ayes. MOTION carried unanimously. MOTION by Commissioner Stoebner, seconded by Commissioner Berkowitz to adjourn. Vote. 5 Ayes. MOTION carried unanimously. The meeting adjourned at 8:44 p.m.