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HomeMy WebLinkAboutPlanning Commission Minutes 08-25-1998APPROVED CITY OF PLYMOUTH PLANNING COMMISSION MINUTES AUGUST 25, 1998 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe arrived at 7:11 p.m.), Kim Koehnen, Jeff Thompson, Roger Berkowitz, and John Stoebner MEMBERS ABSENT: Commissioner Bob Stein STAFF PRESENT: Planning Supervisor Barbara Senness, Planners Shawn Drill and John Rask, City Engineer Dan Faulkner and Clerical Supervisor Denise Hutt 1. CALL TO ORDER: 2. PUBLIC FORUM: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: MOTION by Commissioner Koehnen, seconded by Chairman Stulberg approving the August 11, 1998 Planning Commission Minutes. 2 Ayes. MOTION approved unanimously. (Commissioners Stoebner, Thompson, and Berkowitz abstained.) 5. CONSENT AGENDA: A. INDEPENDENT SCHOOL DISTRICT #281 (98124) MOTION by Commissioner Koehnen, seconded by Commissioner Stoebner recommending approval of a Site Plan Amendment to allow construction of a service building at Armstrong High School at 10635 36th Avenue North. Vote. 5 Ayes. MOTION approved unanimously. B. VILLAGE AT BASSETT CREEK MOTION by Commissioner Koehnen, seconded by Commissioner Stoebner finding the TIF Plan for Tax Increment Financing Housing District 7-5A (Village At Bassett Creek) to be in conformance with the general plan for the development of the City of Plymouth as a whole. Vote. 5 Ayes. MOTION approved unanimously. 6. PUBLIC HEARINGS: APPROVED Planning Commission Minutes August 25, 1998 Page #165 A. CITY OF PLYMOUTH (98117) Chairman Stulberg introduced the request by the City of Plymouth Planner Rask gave an overview of the August 19, 1998 staff report. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Thompson, seconded by Commissioner Berkowitz recommending approval of a Land Use Guide Plan Amendment for the City of Plymouth for property located north of Medina Road, south of Highway 55 and east of County Road 101. Roll Call Vote. 5 Ayes MOTION approved unanimously. MOTION by Commissioner Thompson, seconded by Commissioner Berkowitz recommending approval of an Ordinance amending Chapter 21 (Zoning Ordinance) of the City Code to classify certain land located north of Medina Road, south of Highway 55 and east of County Road 101 and the Findings of Fact for Rezoning of property located north of Medina Road, south of Highway 55 and east of County Road 101. Roll Call Vote. 5 Ayes. MOTION approved unanimously. Chairman Stulberg stated that the applicant for item #6B was running late, and asked if the Commission would mind taking care of the next item on the agenda. The Commission concurred. 7. NEW BUSINESS B. GARY BRAKKE (98133) Chairman Stulberg introduced the request by Gary Brakke for a Variance to construct a four -foot high fence in the front yard where three feet is the maximum fence allowed on property located at 4350 Jewel Lane North. Planner Drill gave an overview of the August 19, 1998 staff report. Commissioner Koehnen asked for an explanation of the sentence appearing on the bottom of Page 4 of the staff report pertaining to the self-created hardship. Planner Drill explained that it is not enough to deny the variance solely on that one criteria. Commissioner Ribbe asked about the variance standard regarding the fence being unsightly or unattractive. Planner Drill stated that the fence could have an aesthetic impact on the character of the neighborhood. APPROVED Planning Commission Minutes August 25, 1998 Page #166 Commissioner Ribbe asked if there is any precedent for recognizing the safety of a small child adjacent to a high speed road. Planner Drill said that there have been other front yard fence variance requests, and some have been approved, but none with the same circumstances as this request. Planner Drill stated that the zoning ordinance allows a fence to be constructed at six feet high on some areas of the property. Commissioner Koehnen asked if the Commission's role is to only take into account the variance request without looking at the background information such as the stop work order. Commissioner Thompson said it is his understanding that the Commission should look at the seven standards of the variance criteria. Planning Supervisor Senness said that the Commission can consider all information provided, but the decision needs to be based on the criteria. Chairman Stulberg asked what would happen to the court case if the Commission and the City Council approved the application. Planner Drill replied he would assume that the City would consider dropping the charges against the petitioner, however, he cannot make that decision. Chairman Stulberg introduced Gary Brakke, the petitioner. Mr. Brakke stated that he talked with Director Hurlburt as to how the request should be looked at, and she replied that the application is two separate items. The variance should be looked at as a request just like anything else as a fence that has already been completed. The second issue would be the stop work order. He said that Director Hurlburt informed him that the City takes the matter very seriously and probably would proceed with the complaint no matter what the outcome is on the variance request. Mr. Brakke said that he will be entering a plea of "not guilty" at the September 3rd court date, and then the judge would set a date for the trial. Mr. Brakke established that the basic purpose of the fence is to provide an adequate place of protection for his son to play. He said that when they bought the house, they didn't know they would be blessed with a child. He stated that the area is dangerous because of the 50 mile per hour speed limit on Old Rockford Road. Mr. Brakke stated his opposition to staff s comment that he put up a six foot fence that ties into a three foot fence, as a child will use the three foot fence to crawl up and get over the six foot fence. Mr. Brakke stated that the fence is temporary, as he wouldn't sell the property with the fence in place. He instructed the contractor not to cement in the posts. Mr. Brakke stated that because his prior fence application didn't cost anything, and that no inspection was required, he determined he wouldn't need another permit since he was just continuing the APPROVED Planning Commission Minutes August 25, 1998 Page #167 existing fence. Mr. Brakke said that the fence was 75 percent completed when the stop work order was issued. He was told by City staff that a variance request could take up to two months for a decision, and since he was the middle of the summer, he and a friend decided it would be easier to complete the fence rather than tear it down. Mr. Brakke said that he felt he responded to Building Official Ryan's request in a timely manner. He explained that he sent a certified letter to Building Official Ryan asking for a 14 -day extension to submit the variance application. He submitted the variance application on July 21, 1998 and the formal complaint was issued on July 22, 1998. Mr. Brakke commented that there is definitely a personality clash with Building Official Ryan. Mr. Brakke stated that the side yard is not a sufficient space for a child to play. The side yard contains landscaping and rocks which only leaves about two feet of yard. The side yard has a berm with trees on it and remains wet for four to five days after a rain. Mr. Brakke said he was unaware that there was a three-foot limit on the fence height in the front yard. Mr. Brakke presented pictures of various other places in the City that are similar to his property that contain a front fence that did not receive a variance. He said that the property at 18035 Old Rockford Road has a four -foot fence around the property. Kimberly Lane Elementary has a six foot chain link fence and a six-foot wood fence. The property at 3090 Zircon Lane North has a five-foot wood fence. The property at 4055 Glacier Lane North has a four -foot wood fence. The property at 11855 Bass Lake Road contains a six and one-half foot fence wood fence. Mr. Brakke said that the builder imposed a hardship to the property leaving only one usable yard area for playing. Mr. Brakke said that the City Clerk ran a computerized search of records for variance approvals. She came up with three front yard variances that were approved: Resolution 96-565 for Little Flowers Montessori School for a five-foot chain link based on reasonable safety for children; Resolution 97-575 for a six-foot wood fence in order to provide screening for use and enjoyment of the applicant's property; and, Resolution 98-294 for a six-foot wood fence and pool based on the location of the house creating a unique hardship that you can't put anything anywhere else but in the front yard. Mr. Brakke commented that none of his neighbors have complained about the fence in his yard. Commissioner Berkowitz asked the applicant if he hired a contractor to put up the fence and if they knew that a fence permit was required. Mr. Brakke replied that he hired D & H fencing out of Anoka, and the permit was his responsibility to obtain, which allows the contractor not to be responsible. He said that the contractor wouldn't finish the fence after the stop work order was issued until the matter was resolved with the City. MOTION by Commissioner Thompson, seconded by Commissioner Stoebner recommending approval of a Variance for Gary Brakke for property located at 4350 Jewel Lane North. APPROVED Planning Commission Minutes August 25, 1998 Page #168 Commissioner Thompson stated he made the motion because of the following reasons: the traffic speed on Old Rockford Road; the City allowed a six-foot fence at Little Flowers Montessori preschool along a busy road; physical surroundings of the lot; having a six foot fence tying into a three-foot fence in the front yard is hazardous; uniqueness because of the busy street; applicant testified he would tear the fence down when he sells the home; hardship was not caused by the owner, but rather the zoning ordinance because of allowing a six-foot fence in the side yard and a three-foot fence in the front yard; the fence would not be detrimental to the public welfare; and, this is the minimum action required. Commissioner Stoebner concurred with Commissioner Thompson, but added that he was troubled by other aspects of the application, but it is not pertinent to the decision. He said that he thought the applicant could have acted more promptly in pursuing the variance. Commissioner Berkowitz stated that he was concerned with setting a precedent for a six foot front yard fence. He said that he hasn't seen a lot of chain link fences in front yards and doesn't want to. He asked how the wooden fence along Kimberly Lane Elementary School was constructed without variance approval. Planner Drill replied that a variance was not required, as it was a screening fence for the side yard. Commissioner Stoebner stated that he wasn't concerned about setting a precedent, as each parcel is unique and has to be considered on its own merit. Commissioner Ribbe said he was troubled by the existence of the three-foot fence requirement in the zoning ordinance. He said that there are already existing fences in the City similar to the applicant's request, so a precedent has already been set. Commissioner Ribbe commented that safety is an issue. Commissioner Thompson stated he is most concerned about safety. Commissioner Koehnen stated she would support the motion and concurred with the other Commissioners. Chairman Stulberg stated he would not be supporting the motion. He said that the request does not meet Condition #1, as you can still provide safety in a different area of the property in a different way; Condition #2 that the conditions are not unique to the parcel; and Conditions #4 and #7. He said that each piece of property is different and that no precedent has been set or will be set by this action. Roll Call Vote. 4 Ayes. MOTION carried on a 4-2 Vote. (Chairman Stulberg and Commissioner Berkowitz voted Nay.) 6. PUBLIC HEARINGS (CONTINUED) B. PLYMOUTH PONDS DEVELOPMENT (98125) APPROVED Planning Commission Minutes August 25, 1998 Page #169 Chairman Stulberg introduced the request by Plymouth Ponds Development for a Conditional Use Permit for outside storage of trailers behind the building located at 3355 Holly Lane North. Planner Rask gave an overview of the August 18, 1998 staff report. Commissioner Thompson asked if the building can be considered as part of the sufficient screening requirement for a non-residential use abutting residential zoned property. Planner Rask replied that the building would suffice— the screening does not have to be located on the boundary. The ordinance requires screening between the two uses. Planning Supervisor Senness stated that in addition to the building there is also berming and landscaping along Medina Road. Chairman Stulberg introduced Brad Moen, the petitioner. Mr. Moen stated that he was not aware of a 96 -hour rule on trailers; he assumed trailers were not considered outside storage. He said that he did send out notifications to the tenants, and that three out of the 26 tenants expressed a need to have trailers outside for longer that 96 hours. Commissioner Thompson asked how many trailers could fit into the space. Mr. Moen replied that the maximum would be six trailers. Commissioner Thompson asked what is the maximum amount of time needed. Mr. Moen replied up to one week. Commissioner Stoebner asked if the applicant has drawn up an addendum to the tenant lease or if he has anything in writing to the tenants. Mr. Moen said that he is just trying to accommodate the tenants' needs. He said that the conditional use permit has not been approved yet. If the conditional use permit is approved, he would set something up with the tenants. Commissioner Thompson asked if the Commission could place additional conditions that limit the length of time trucks are parked, as he would want to have something that makes it clear that trucks couldn't be parked for a long time. Chairman Stulburg stated that they could attach additional conditions. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. Commissioner Thompson asked if the applicant would be amendable to limiting it to four trucks. Mr. Moen replied that he would prefer a space for six trucks. Chairman Stulberg stated that if we put other conditions on it, one should be that trucks can't be running at night. Commissioner Stoebner commented that whatever is approved, keep in mind that tenant use can change. APPROVED Planning Commission Minutes August 25, 1998 Page #170 MOTION by Commissioner Thompson, seconded by Commissioner Berkowitz recommending approval of a Conditional Use Permit for Plymouth Ponds Development for outside parking of trailers located north of Medina Road and west of Holly Lane. MOTION to Amend by Commissioner Thompson, seconded by Commissioner Stoebner to add a condition that there will be a two week time limit on the parking of trailers. Roll Call Vote on MOTION to Amend. 6 Ayes. MOTION approved unanimously. MOTION to Amend by Commissioner Thompson, seconded by Chairman Stulberg adding a condition prohibiting refrigerated trucks running at the site beyond what is allowed by the ordinance. Roll Call Vote on MOTION to Amend. 6 Ayes. MOTION approved unanimously. MOTION by Commissioner Thompson, seconded by Commissioner Stoebner limiting the number of trucks to six allowed under the conditional use permit. Commissioner Berkowitz asked if the conditional use permit is for the long term parking specifically in the area indicated on the parking diagram. Chairman Stulberg replied affirmatively. Roll Call Vote on MOTION to amend. 6 Ayes. MOTION approved unanimously. Roll Call Vote on Main MOTION. 6 Ayes. MOTION approved unanimously. MOTION by Commissioner Stoebner, seconded by Commissioner Thompson to adjourn. Vote. 6 Ayes. MOTION approved unanimously. The meeting was adjourned at 8:27 p.m.