HomeMy WebLinkAboutPlanning Commission Minutes 05-12-1999Approved Minutes
City of Plymouth
Planning Commission Meeting
May 12, 1999
MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe, Bob
Stein, John Stoebner, Roger Berkowitz, Bob Sipkins and Sarah Reinhardt
MEMBERS ABSENT:
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning
Supervisor Barb Senness, Planners John Rask, Shawn Drill, and Kendra Lindahl, City
Engineer Dan Faulkner, and Clerical Supervisor Denise Hutt
4 Approval of Minutes
Commissioner Stoebner noted a correction to Paragraph 8 on Page 60 stating that the
word "and" should be deleted after the word "applicant."
MOTION by Commissioner Stoebner, seconded by Commissioner Reinhardt to approve
the April 28, 1999 Planning Commission Minutes as amended. Vote. 5 Ayes.
MOTION approved unanimously. (Commissioners Berkowitz and Sipkins abstained.)
5 Consent Agenda
6 Public Hearing
A Stephen Merten (99021)
Chairman Stulberg introduced the request by Stephen Merten for a Conditional Use
Permit for access onto unimproved street right-of-way and setback Variance for property
at the northwest quadrant of Kingsview Lane and 10th Avenue North.
Planner Lindahl gave an overview of the May 4, 1999 staff report.
Chairman Stulberg asked if the applicant could move the house toward the wetland and
fill in the wetland enough so that there wouldn't be a need for a variance. Planner
Lindahl replied that since the lot was created prior to 1995, it is exempt from setback and
buffer requirements. However, even if the applicant received a permit to fill the wetland,
a variance would still be required in order to stay out of the NSP easement.
Commissioner Stoebner asked if NSP could have taken the property through eminent
domain if the property owner hadn't agreed to the easement. Planner Lindahl stated that
the only information the City has is that the easement was given to NSP in 1963, and a
portion of the easement was released in 1976. Director Hurlburt stated that payment was
made to the property owner in 1963.
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Commissioner Stoebner asked if the property would have been taken if the property
owner had refused payment. City Engineer Faulkner stated that NSP would have had to
do something as they needed the property for the easement. Planner Lindahl commented
that houses were allowed in the NSP easement as recently as four years ago. She stated
that she was not sure that NSP would have taken the entire property.
Commissioner Reinhardt asked if the City classifies property as buildable or unbuildable.
Planner Lindahl explained that the City does not maintain a list of unbuildable properties.
She explained that there are procedures to go though in determining whether a parcel is
buildable.
Commissioner Reinhardt asked if a precedent would be set if the Commission were to
approve the variance. Planner Lindahl replied negatively.
Commissioner Sipkins asked if there are any homes along the Luce Line trail extension
located within the NSP easement. Planner Lindahl replied affirmatively. She stated that
the City only has surveys on file for two of the homes in this area, but noted that one has
a setback of 7.5 feet and the other is 30 feet. Planner Lindahl said that there are quite
likely some parcels within the NSP easement on the south side of the Luce Line but since
the City doesn't have surveys, she didn't know the exact setbacks. Director Hurlburt
stated that there is a home less than 10 years old that is closer to the Luce Line than what
the proposed home would be.
Chairman Stulberg introduced Stephen Merten, the applicant. Mr. Merten stated that he
concurs with the staff report and the conditions listed in the resolutions.
Chairman Stulberg continued the public hearing.
Chairman Stulberg introduced a letter dated May 6, 1999 from Deborah Schulte (Gould)
in favor of the proposal and a letter dated May 11, 1999 from Jim Howard for Friends of
Parkers Lake, 1535 Juneau Lane North in opposition to the proposal.
Chairman Stulberg introduced James Reuter of 14705 11th Avenue. Mr. Reuter stated the
he doesn't intend to obstruct someone's vision or dream, but thinks that there are some
serious issues to address with the proposal. Mr. Reuter stated that the proposed lot is
unbuildable, which you can tell just by looking at the proposed site. He stated that the
property is too narrow to build on without the granting of variances because of an
easement which runs along the northerly 30 feet of the site. NSP's 115kv high voltage
power lines and towers run over the easement. He said that the filed easement reflects
that it was freely given by the fee owner and not taken by eminent domain. NSP states
that when it received the easement from the fee owner, it paid fair market value. Thus,
the fee owner has been fairly compensated for giving the easement, which makes the
subject property unbuildable, and consequently has suffered no hardship. Mr. Reuter
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stated that the fee owner herself has not treated the subject property as a separate
buildable lot. Lot 5 located next to the subject property has a single family residence on
it, the homestead of Ms. Gould. For decades she has paid homestead taxes on Lot 5.
However, she has also paid homestead taxes on the subject property, Lot 6, even though
it has no residence on it. Accordingly, she must have considered Lot 6 as part of her
homestead too. He said that this fact is evidenced by the assessor's estimated market
value of the subject property. It is valued at $7,000 — certainly far below what a
buildable lot in Plymouth is worth. Mr. Reuter stated that the neighborhood residents feel
that Lots 5 and 6 should be combined and cited Section 21100.02, Subd. 7(a) of the
zoning ordinance pertaining to non -conforming lots.
Mr. Reuter stated that the entire subject property is located within the environmentally
sensitive Parkers Lake Shoreland Ordinance Area and is predominantly beautiful
wetlands. He said that although only part of the lot has been officially designated as
wetlands, apparently much of the remainder of it is very close to qualifying for the
official designation. Mr. Reuter stated that the neighbors don't want to see the wetlands
filled or any movement closer to the wetland. They would like to see a buffer to the Luce
Line.
Mr. Reuter stated that granting the conditional use permit would be illegal. He said that
there is no open road to the property and the legal question is when you have a dedicated
street, who owns the property. He stated that according to Minnesota law, the title stays
with the abutting property owner until the City opens the street. Mr. Reuter cited
Kochevar vs. Gilbert; and the 1909 case of West vs. the Village of White Bear. He said
that granting the conditional use permit would be a violation because it would run a
driveway across a dedicated property. Mr. Reuter stated that you can't use a dedicated or
public street for private use. Mr. Reuter stated that the application doesn't meet the
conditional use permit standards. Mr. Reuter presented a chart stating the "Incompatible
Aspects Which Negatively Impact Existing Character of Neighborhood."
Mr. Reuter stated that the applicant can not meet all of the variance criteria and the City
doesn't have the authority to grant the conditional use permit. He said that there would
be multiple problems and legitimate concerns that would be caused by the proposed
development of the subject property and called for denial of the request. He said that it
may be time for a public entity to consider acquisition of the property.
Chairman Stulberg introduced Robert C. Anderson of 604 Kingsview Lane North. Mr.
Anderson declined to speak.
Chairman Stulberg introduced Ron Anderson of 915 Kingsview Lane North. Mr.
Anderson stated he is opposed to the variance. He said that he applied for a variance 17
years ago for a storage shed and was denied. Mr. Anderson stated that he feels that the
lot in question is an unbuildable lot. Mr. Anderson said that applications from other
builders interested in the proposed site have been denied.
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Chairman Stulberg introduced Harold Bakke of 815 Kingsview Lane North. Mr. Bakke
commented that the lot sizes in the neighborhood are 110 feet wide and 250 feet deep.
He said that if it were legal to provide a driveway, then the lot should follow the zoning
ordinance regulations. Mr. Bakke said that the proposal does not meet the zoning
ordinance and he is opposed to the variance request.
Chairman Stulberg introduced Chuck Charest of 14725 11th Avenue North. Mr. Charest
stated that he is opposed to the variance, as the lot is too small for what is being
requested. Mr. Charest said that if the request is approved, the City would be sending the
wrong message to builders that they can squeeze a home on a small lot.
Chairman Stulberg introduced Bill Christian of 21120 Goldenrod Lane, Rogers. Mr.
Christian stated that he is with Christian Builders representing the seller. Mr. Christian
stated that there is a purpose for the variance and conditional use permit in the zoning
ordinance and it does apply to the subject lot because of its uniqueness. Mr. Christian
said that the road is not just for a driveway, but also for access purposes. Mr. Christian
said that if they were able to locate the proposed house in the easement area, there would
not be a need for any variance.
Chairman Stulberg introduced Randy Gould of 8 Red Cedar Trail, Elk River. Mr. Gould
stated that his mother is the property owner. Mr. Gould stated that he had a letter from
the City stating that the lot is buildable. He said that the neighbors have been crossing his
mother's property for many years to get to the trail, and perhaps she should put up a fence
around her property. Chairman Stulberg asked if the commission could get a copy of the
letter Mr. Gould mentioned.
Chairman Stulberg introduced Tom Huettner of 14700 11th Avenue North. Mr. Huettner
stated that he concurred with the statements made by Mr. Reuter. Mr. Huettner read
excerpts from the City of Plymouth Comprehensive Plan Update Vision Goal Statements
that was adopted by the City Council on May 4, 1999. He said that the proposal will not
meet the goal statements, as it will take out a lot of trees and doesn't meet the quality of
housing. The proposal indicates a gravel driveway and the house will be smaller than
other homes in the neighborhood. Mr. Huettner said that the house will look like a long
mobile home and will look out of place compared to other homes in the neighborhood.
Chairman Stulberg introduced David Miller of 925 Kingsview Lane. Mr. Miller stated
that he submitted a petition which is included in the staff report which is signed by
everyone in the neighborhood stating their opposition to the application. He said that he
also submitted a letter of opposition which is also included in the staff report. Mr. Miller
stated that his major concern centers around drainage and water runoff He said that his
property and the Obermiller property are focal points of runoff from not only a majority
of Kingsview Lane but also the neighborhoods from the east and west. Mr. Miller said
that the drainage ditch across the front of his property also cuts through the property in
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question. Mr. Miller stated that there should be a watershed modeling analysis required
before action is taken on the proposal. Mr. Miller presented pictures depicting standing
water on the cul-de-sac and also of the drainage ditch. He said that if the drainage ditch
is blocked, the property in question could have serious problems along with his property.
Mr. Miller asked how the snow removal would impact spring runoff if the proposal were
to be approved.
Chairman Stulberg introduced Roy Obermiller of 920 Kingsview Lane North. Mr.
Obermiller stated that he thought that with the vacation of 10th Avenue, the Goulds would
receive half of the land and he would receive the other. He said that he went to Hennepin
County as he didn't know where the line was, and was informed that it was wrong and
the City couldn't give the vacated Kingsview Lane right-of-way to the Goulds. Mr.
Obermiller stated that no one has brought up the fact that the proposed home would only
be 10 feet from his property line. Mr. Obermiller asked where the power would come
from if the home is built. He said that the parcel in question has never been assessed for
sewer and water, and the lot has probably gained the most benefit over the years. Mr.
Obermiller stated that he believes that the lot is unbuildable and doesn't meet the
conditional use permit or variance standards for granting approval. Mr. Obermiller
clarified that his home has never been flooded to date, but it has been close. Mr.
Obermiller stated that the City could be setting a precedent if the proposal is approved.
He said that the taxes being paid together would indicate a contiguous lot. Mr.
Obermiller stated that the property owner received the money for the easement which
makes the existing conditions self-created. Mr. Obermiller said that the proposal would
be a detriment to his property.
Chairman Stulberg introduced Pat Ujifusa of 1315 Harbor Lane. Ms. Ujifusa stated that
she is a steward for the City of Plymouth and takes care of the Luce Line Trail by picking
up litter and contacting the appropriate department for any vandalism that occurs. She
presented pictures of the lot from the trail and different areas along the trail. She
commented that she knows of only one house that is located close to the Luce Line. She
explained that NSP comes in and clear cuts the area along the trail and presented pictures
of what it looks like after it has been done. Ms. Ujifusa stated that she is concerned with
people not taking care of their land and dumping debris along the Luce Line.
Chairman Stulberg asked if the pictures depicting debris along the Luce Line trail was of
the subject property. Ms. Ujifusa stated that the debris is along the trail, not the property
in question. She stated that she just wants everyone to be good neighbors, as people are
dumping grass clippings along the trail and put playhouses on the property lines and that
there are also downed fences.
Chairman Stulberg introduced Jim Weil of 805 Kingsview Lane. Mr. Weil commented
that the front of the proposed house is only 10 feet from the lot line. He stated that this is
not the side of the house, but the front, and that the variance should not be granted.
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Chairman Stulberg closed the public hearing.
Planner Lindahl stated that Section 21100.02, Subd. 7a is referring to district standards
for minimum lot width and minimum lot area. The subject property is not non-
conforming because it exceeds both of those standards.
Director Hurlburt stated that the question pertaining to ownership of a dedicated street
with no intent to improve will be referred to the City attorney and staff won't attempt to
answer that. Chairman Stulberg stated that the answer should be provided by the City
attorney before the application moves forward to the City Council.
In response to questions about taxes, Planner Lindahl stated that you can have a primary
and secondary homestead lot for tax purposes. A secondary homestead lot (like the
subject property) may be a buildable lot.
Planner Lindahl stated that the zoning ordinance does not prohibit gravel driveways.
City Engineer Faulkner stated that the City has an overall storm drainage plan and staff
wouldn't require a study of one individual lot. He said that an application could entail an
Engineer's Memo to address issues before a building permit would be issued. He stated
that an overall area is looked at when there is an improvement project done by the City.
City Engineer Faulkner stated that he hasn't been out to the questioned site when the
street crew is snow plowing, but that it's the City's responsibility to get rid of the snow
and to ensure that there is a sufficient area available for snow removal.
City Engineer Faulkner stated that he is not aware of where the power would come from
for the site in question.
Planner Lindahl stated that assessments were levied against the lot in question.
In response to questions pertaining to the front and side yard setbacks, Planner Lindahl
stated that the south property line is the front property line and a 25 -foot setback is
required. The applicant is requesting a 10 -foot setback.
Mr. Merten stated that he doesn't know where the power source would come from, and
would have to research that to find out.
Commissioner Stein asked if it's the homeowners responsibility to accommodate
drainage across their land. City Engineer Faulkner replied that an easement would be
required through where the ditch currently is and the City would have to maintain the
ditch. Director Hurlburt stated that a condition to grant an easement can be placed on the
application since they are requesting a variance.
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Commissioner Stoebner asked if there have been applications for variances that have
been denied. Planner Lindahl replied that there have not been any variance applications
for the subject lot.
Commissioner Sipkins asked if Mr. Reuter had copies of the court cases he referenced.
Mr. Reuter replied negatively.
Commissioner Reinhardt questioned if there was a mistake on condition #6h of the
Engineer's Memo. City Engineer Faulkner stated that actually drainage is coming on to
the lot from every direction. He stated that drainage must be maintained from the south
and the east side of the driveway and to ensure that, staff is asking for cross sections to be
provided.
Commissioner Reinhardt asked what recourse the neighborhood has if the variance is
granted and the home which is built causes further drainage problems. City Engineer
Faulkner replied that it would be hard to guess as it depends on what issues may arise.
Depending upon the issues, it may end up being a civil matter. He said that there haven't
been any significant problems with new developments, but rather neighbor to neighbor
issues which becomes a civil matter.
Director Hurlburt asked if there are storm sewers in Kingsview Lane. City Engineer
Faulkner replied that there aren't any right now, but in the future the City may reconstruct
the street with curb and gutter, but it isn't scheduled in the current Capital Improvements
Program.
Commissioner Stoebner asked about the statement in the staff report pertaining to right-
of-way for driveway access. Planner Lindahl explained that when
10th Avenue was
vacated, the land was given back to the Obermillers and Goulds. She said that when it
was vacated a portion of Kingsview Lane was retained for access to the subject lot.
Commissioner Stoebner asked if the City could make a public street that would run
adjacent to and provide access to this lot. Planner Lindahl replied affirmatively.
Commissioner Berkowitz asked why a gravel driveway is proposed. Director Hurlburt
stated that the zoning ordinance allows gravel driveways in the RSF-1 and RSF-2 Zoning
Districts. She said that the issue was discussed at the time the zoning ordinance was
being revised and it was decided to leave it in, as there are a lot of existing homes that
have gravel driveways and the Commission didn't want to make them legally non-
conforming.
Commissioner Reinhardt asked what the logic is for the clear cutting done by NSP.
Planner Lindahl responded that the main intent is to keep the growth down so they don't
interfere with the power lines. City Engineer Faulkner stated that NSP could certainly do
more selective cutting in the future.
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Commissioner Reinhardt asked where the assessor came up with a $7,000 value if this is
a buildable lot. Director Hurlburt stated that buildable lots are typically worth a lot more
than $7,000. She said that assessing staff considers other factors that would make it
difficult to build on the property such as long driveways, NSP easements, and drainage
issues. Commissioner Reinhardt asked if the City would consider taking this over.
Director Hurlburt stated that purchasing property is a policy issue for the City Council.
Director Hurlburt noted that the City is turning ownership of some property to Hennepin
Parks already.
Commissioner Stein asked what the setback would be if the wetland was filled in and the
house moved east. Planner Lindahl stated that if the home was moved east, it would
probably be 15 feet from the front lot line.
Chairman Stulberg asked if the applicant looked at filling in the wetland. Mr. Merten
stated that he did look at the option, but was discouraged from doing that.
Commissioner Reinhardt asked if the wooded area by the Obermiller property would be
preserved if the proposed house is built. Mr. Merten said that it is their intention to
preserve everything that they can on the lot.
MOTION by Chairman Stulberg, seconded by Commissioner Stoebner recommending
approval of a Conditional Use Permit and Variance for Stephen Merten for property
located at the northwest quadrant of Kingsview Lane and 10th Avenue.
Commissioner Ribbe stated that he would vote against the motion, as the applicant
doesn't meet all the standards, specifically #4. He stated that the NSP easement was a
voluntary decision.
Commissioner Sipkins stated that the application doesn't meet #5 & 6 of the variance
standards. He said that he doesn't like the where the house will be located and the
proximity to the Luce Line Trail. He stated that the proposal will be detrimental to the
public welfare and will diminish property values in neighborhood.
Commissioner Reinhardt concurred with Commissioner Sipkins. She added that a 10 -
foot setback is too small for a front yard.
Commissioner Berkowitz stated that the application doesn't meet #2 and 3 of the
Conditional Use Permit Standards. He said that the type of structure and nature of the
home isn't in character with the neighborhood. He said that he concurs with
Commissioner Ribbe that it doesn't meet item #4 of the Variance Standards.
Commissioner Stein said that he doesn't have a problem with the conditional use permit,
only with item #1 of the Variance Standards. He said that the 30 -foot NSP easement was
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self-imposed. He said that there isn't anything in the zoning ordinance that dictates the
size of the home or that an owner can't remove trees from their own property.
Commissioner Stoebner stated that he was struggling with the concept of whether this
was a self imposed hardship. He said that the appearance argument fails because the
same argument could be made with the people that already have homes in the area as
trees were taken down for their homes to be built along the Luce Line Trail. He stated
that if other facts were present, he might be inclined to support the motion, but based on
the record presented he would not support the motion, because it appears the hardship
was self-created.
Chairman Stulberg said he wouldn't support the motion. The easement was granted;
therefore, the hardship was self-imposed.
Roll Call Vote. 0 Ayes. MOTION failed unanimously. (Commissioners Stoebner,
Stein, Reinhardt, Berkowitz, Ribbe, Sipkins and Chairman Stulberg voted Nay.)
MOTION by Commissioner Sipkins, seconded by Commissioner Ribbe recommending
denial of a Conditional Use Permit and Variance for Stephen Merten.
Director Hurlburt stated that the Commission may want to amend the resolution based on
findings stated by commissioners.
MOTION to Amend by Commissioner Berkowitz, seconded by Commissioner
Reinhardt to strike Conditions #1, 2, 3 of the denial resolution.
Substitute MOTION to Amend by Commissioner Stoebner, seconded by Reinhardt to
replace Condition #4 with the wording "That the alleged difficulty or hardship was not
caused by this Chapter, but was a self-created hardship due to the granting of the NSP
easement." Roll Call Vote on Substitute MOTION. 5 Ayes. Substitute MOTION to
Amend approved on a 5-2 Vote. (Commissioner Stoebner and Chairman Stulberg voted
Nay.)
MOTION to Amend by Commissioner Stein, seconded by Commissioner Stoebner to
delete Conditions #5, 6, 7, & 8 of the denial resolution.
Commissioner Berkowitz said that if the item goes forward, the only condition of denial
would be based on Variance Standard #4. Chairman Stulberg replied affirmatively. Roll
Call Vote on MOTION to Amend. 4 Ayes. MOTION to Amend approved on a 4-3
Vote. (Commissioners Berkowitz, Reinhardt and Sipkins voted Nay.)
Commissioner Berkowitz stated that he thought comments made by the commissioners
pertaining to the Conditional Use Permit Standards should have been included in the
resolution. Commissioner Sipkins concurred.
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Roll Call Vote on Main MOTION. 7 Ayes. MOTION approved unanimously.
Chairman Stulberg called a recess at 9:20 p.m. and reconvened the meeting at 9:30 p.m.
B Moen Leuer Construction (99035)
Chairman Stulberg introduced the request by Moen Leuer Construction for an Interim
Use Permit to move approximately 70,000 cubic yards of material from the 10 -acre Leuer
Farm site located at 17430 Medina Road to the adjacent Cornerstone Commons
residential development.
Planning Supervisor Senness gave an overview of the May 6, 1999 staff report. She
noted that the hours of operation stated on Page 4 of the staff report should be Monday
through Saturday.
Chairman Stulberg asked if staff would see the end of grading season being December
31. Planning Supervisor Senness stated that it can vary, but is consistent with other
applications.
Commissioner Reinhardt asked when the City Council will make a decision on the EAW.
Planning Supervisor Senness stated that they will hear that application at their May 18th
meeting. Director Hurlburt stated that if the City Council orders an EIS, that this
application wouldn't move forward.
Chairman Stulberg introduced Brad Moen, the applicant. Mr. Moen stated that he
concurs with the staff report and is available for questions.
Chairman Stulberg introduced Bob Dahl stated that he was available for questions and
that he supports the request for balancing the site.
Commissioner Reinhardt asked how close to the farm buildings the grading will occur
and if is anyone is living there. Mr. Moen replied that the grading will take place 500
feet from the west boundary. He said that they have an agreement with the Leuers that
they have one year to move their farm operation, which is to take place before March,
2000.
Commissioner Stein asked Mr. Moen if he would be requiring fill for the Plymouth
Ponds II project if it is approved. Mr. Moen replied negatively, if the calculations are
correct.
Commissioner Reinhardt asked what the timing of the Plymouth Ponds II project would
be if it is approved. Planning Supervisor Senness said that there would be requirements
for revegetation of the site to ensure that there isn't erosion. Mr. Moen stated that a silt
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fence will be required, and with the grading, the site will become more flat and he doesn't
expect to see erosion.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak on the issue.
MOTION by Commissioner Reinhardt, seconded by Commissioner Stoebner
recommending approval of an Interim Use Permit for Moen Leuer construction for
property located at 17430 Medina Road. Roll Call Vote. 7 Ayes. MOTION approved
unanimously.
7 New Business
A Jem Properties (99017) (Second Meeting)
Chairman Stulberg introduced the request by Jem Properties for 1) a rezoning from RSF-
1 (Single Family Detached 1) to RSF-2 (Single Family Detached 2), and 2) a preliminary
plat to allow the creation of six residential lots for property located at 710 and 730
County Road 101.
Planner Drill gave an overview of the May 4, 1999 staff report.
Commissioner Reinhardt asked what the reason is for the 990.0 minimum floor elevation
for Condition #12 of the Preliminary Plat resolution. City Engineer Faulkner replied that
the lots are adjacent to a pond and the elevation is required to be two feet above the pond
for the 100 -year flood.
Commissioner Reinhardt noted that there is a gap between two lots. Planner Drill stated
that the issue must be resolved by the applicant before they can submit the final plat
application.
Chairman Stulberg introduced Mike Stipakov, the applicant. Mr. Stripakov stated that he
concurs with the staff report and conditions.
Commissioner Reinhardt asked if the applicant knows where the driveways will be
located for the homes. Mr. Stipikov pointed out on where the driveways will be for the
existing homes on the plat.
MOTION by Commissioner Stein, seconded by Commissioner Stoebner recommending
approval of an Ordinance amending Chapter 21 (Zoning Ordinance) of the City Code to
classify certain land located at 710 and 730 County Road 101; and, Findings of Fact for
Rezoning of property located at 710 and 730 County Road 101. Vote. 7 Ayes.
MOTION approved unanimously.
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MOTION by Commissioner Stein, seconded by Commissioner Reinhardt recommending
approval of a Preliminary Plat for Jem Properties for Gem Court located at 710 and 730
County Road 101.
Commissioner Reinhardt stated that she would be supporting the motion as the
application fits with the ordinance standards. She said that it wouldn't be appropriate to
deny the application at this time because drainage issues have been addressed by staff
Vote. 7 Ayes. MOTION approved unanimously.
B Visual Communications (99029)
Chairman Stulberg introduced the request by Visual Communications for Sign Variances
for Plymouth Business Center located east of Fernbrook Lane and west of I-494.
Planner Rask gave an overview of the May 6, 1999 staff report.
Chairman Stulberg introduced Cheryl O'Donnell, the petitioner. Ms. O'Donnell
presented pictures of what a 20 -foot sign with 10 t/z inch letters would look like versus a
15 -foot sign with smaller letters. She stated that the sign across the street for the
apartments are 11 inch letters. She said that the sign would be non -illuminated except for
the letters. Ms. O'Donnell thought that the sign could be pushed back on the site about
15 feet which would help reduce the apparent size of the sign.
Chairman Stulberg asked if staff would change their recommendation if the sign could be
moved back. Planner Rask said that he wasn't sure it would change the recommendation,
but it would help address the concern about the sign being too imposing at the
intersection.
Commissioner Reinhardt asked if the applicant is willing to reduce the amount of wall
signs in exchange for the variance allowing additional freestanding signs. Ms. O'Donnell
replied affirmatively, stating that United Properties is hoping to eliminate the tenant's
names on the building. She said that three percent wall signage on the building is
sufficient.
Commissioner Reinhardt asked if the center identification sign was the only sign on the
lot, if it would require a variance. Planner Rask replied negatively, because the sign is
less than 96 square feet.
MOTION by Commissioner Ribbe, seconded by Commissioner Stoebner recommending
approval of Sign Variances to allow additional freestanding signs in the Plymouth
Business Center for Visual Communication for properties located at the northeast and
southeast corners of Fernbrook Lane and 34th Avenue North.
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MOTION to Amend by Commissioner Reinhardt, seconded by Commissioner
Berkowitz to delete Condition #2.
Commissioner Reinhardt commented that the proposed larger sign looked better on the
site.
Vote on MOTION to Amend. 4 Ayes. MOTION to Amend approved on a 4-3 Vote.
Commissioners Stein, Ribbe and Sipkins voted Nay.)
Vote on Main MOTION. 7 Ayes. MOTION approved unanimously.
Director Hurlburt reminded the commissioners about the May 25th joint meeting with the
City Council for the Comprehensive Plan at 7:00 p.m. in the Public Safety Training
Room.
Chairman Stulberg stated he would not be at the May 26th
Planning Commission meeting.
MOTION by Commissioner Stoebner, seconded by Commissioner Stein to adjourn.
Vote. 7 Ayes. MOTION approved unanimously. The meeting was adjourned at 10:17
p.m.