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HomeMy WebLinkAboutPlanning Commission Minutes 09-08-1998APPROVED CITY OF PLYMOUTH PLANNING COMMISSION MINUTES SEPTEMBER 8, 1998 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe, Kim Koehnen, Jeff Thompson, Roger Berkowitz, Bob Stein and John Stoebner MEMBERS ABSENT: STAFF PRESENT: Director Anne Hurlburt, Planning Supervisor Barbara Senness, Planners Shawn Drill, Kendra Lindahl 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: Commissioner Berkowitz requested that paragraph four on Page #168 of the August 25, 1998 Planning Commission Minutes to changed to state that he was concerned with setting a front yard fence precedent. Commissioner Koehnen requested that the word plan" be added to paragraph two on Page #171 of the August 27, 1998 Planning Commission Minutes. MOTION by Commissioner Koehnen, seconded by Commissioner Stoebner to approve the August 25, 1998 and August 27, 1998 Planning Commission Minutes as corrected. Vote. 7 Ayes. MOTION approved unanimously. 5. CONSENT AGENDA: A. PLYMOUTH COVENANT CHURCH (98139) MOTION by Commissioner Ribbe, seconded by Commissioner Koehnen recommending approval of the Site Plan Amendment for Plymouth Covenant Church located at 4300 Vicksburg Lane North. Vote. 7 Ayes. MOTION approved unanimously. B. INNSBRUCK INVESTMENTS, INC. (98141) APPROVED Planning Commission Minutes September 8, 1998 Page #186 MOTION by Commissioner Ribbe, seconded by Commissioner Koehnen recommending approval of a Site Plan Amendment and Minor Variance for a parking lot expansion at Cub Foods located at 3600 Vicksburg Lane North. Vote. 7 Ayes. MOTION approved unanimously. C. BIGOS MANAGEMENT, INC. (98151) MOTION by Commissioner Ribbe, seconded by Commissioner Koehnen recommending approval of a Site Plan Amendment to allow construction of a swimming pool at Oakwood Apartments located at 17600 14th Avenue North. Vote. 7 Ayes. MOTION approved unanimously. 6. PUBLIC HEARINGS: A. VINCE AND BETH BEACOM (98126) Chairman Stulberg introduced the request by Vince and Beth Beacom for Rezoning from FRD (Future Restricted Development) to RSF-1 (Single Family Detached 1), Preliminary Plat and Variance to create two lots from the property located at 5630 Pineview Lane North. Planner Lindahl gave an overview of the September 2, 1998 staff report. Commissioner Koehnen asked what the pros and cons are of the shared driveway and how it should affect the Commission's decision. Planner Lindahl explained that the City's Transportation Plan recommended that access onto major collector streets be limited to multi -family developments. She stated that because the property owner is the developer, the shared driveway will be part of the plat and the shared driveway agreement must be filed at the County prior to the City releasing the final plat. Commissioner Koehnen noted that the shared driveway will help the impervious surface coverage. Chairman Stulberg introduced Vince Beacom, the applicant. Mr. Beacom stated that he concurs with the staff report and conditions and is available for questions. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Thompson, seconded by Commissioner Stoebner recommending approval of a Preliminary Plat and Variance for Vince and Beth Beacom for property located at 5630 Pineview Lane North; Ordinance amending Chapter 21 Zoning Ordinance) of the City Code to classify certain land located at 5630 Pineview Lane North; and the Findings of Fact for Rezoning of the property located at 5630 Pineview Lane North. Roll Call Vote. 7 Ayes. MOTION approved unanimously. APPROVED Planning Commission Minutes September 8, 1998 Page #187 B. BORDER STATES ELECTRIC SUPPLY (98134) Chairman Stulberg introduced the request by Border States Electric Supply for a Site Plan Amendment and Conditional Use Permit to allow accessory outside storage with an eight - foot fence. Planner Drill gave an overview of the September 2, 1998 staff report. Commissioner Thompson stated that the staff report doesn't specifically say that the Site Plan Amendment complies with the ordinance standards. Planner Drill noted that the statement on Page 2 of the staff report — "...application complies with all of the standards for fences exceeding six feet in height..." includes all city requirements. Chairman Stulberg introduced Blair Tremere, of 2305 Lee Avenue North, Golden Valley, representing the petitioner. Mr. Tremere stated that he concurs with the staff report and conditions and is available for any questions. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Ribbe, seconded by Commissioner Thompson recommending approval of a Site Plan Amendment and Conditional Use Permits for Border States Electric Supply located at 2100 Niagara Lane North. Roll Call Vote. 7 Ayes. MOTION approved unanimously. C. RUSSELL AND RENEE O'DELL (98148) Chairman Stulberg introduced the request by Russell and Renee O'Dell for a Conditional Use Permit for an eight -foot fence in the side and rear yards for property located at 12325 29th Avenue North. Planner Lindahl gave an overview of the August 28, 1998 staff report. Chairman Stulberg stated that if the application is approved, the resolution doesn't state that the fence is a "good neighbor" fence, it just refers to an eight -foot fence, although the applicant has stated it would be a "good neighbor" fence. Director Hurlburt stated that Condition #1 states "as shown on plans received" which would require the applicant to construct the "good neighbor fence". Chairman Stulberg introduced Russell O'Dell, the applicant. Mr. O'Dell stated he concurs with the staff report and is available for questions. APPROVED Planning Commission Minutes September 8, 1998 Page #188 Commissioner Koehnen asked if Mr. O'Dell has received any comments from his neighbors regarding the application for a fence. Mr. O'Dell replied that the next door neighbor agrees with the fence and has not received any negative comments from anyone. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Thompson, seconded by Commissioner Koehnen to approve a Conditional Use Permit for an eight -foot fence on property located at 12325 29th Avenue North Roll Call Vote. 7 Ayes. MOTION approved unanimously. 7. NEW BUSINESS A. TODD AND LESLIE FOSTER (98145) AND SCOTT AND ROXANNE BERGLAND (98149) Chairman Stulberg introduced the request by Todd and Leslie Foster and Scott and Roxanne Bergland for Variances to the wetland buffer regulations. Planner Drill gave an overview of the September 3, 1998 staff report. Commissioner Ribbe asked if there could be a narrower buffer to the east because of the tradeoff with the developer. Planner Drill explained that the developer had to maintain a 30 -foot average buffer width along the wetland in his design of the plat. Director Hurlburt added that you can't average infinitely, there is a minimum of 20 feet and a maximum of 40 feet. Commissioner Stein asked why alternative buffers can't be considered now. Planner Drill explained that the Zoning Ordinance specifies that any alternative wetland buffers must be applied for at the time a concept plan is submitted. He stated that if they applied for alternative buffers for these lots at the concept level, staff would not have supported it because these lots do not meet the criteria for alternative buffers. Planning Supervisor Senness added that the reason the request for alternative buffers is considered at the concept stage is that the City Council wanted to see any request for less than the full buffer width at the beginning of all platting proposals, which allows them to debate the issue early on. Director Hurlburt commented that there is a separate process for the issue of alternative buffers, which is almost at the level of granting a variance. She said that the City Council agreed that they needed alternative buffers on the two lots in the south- central portion of the plat, but did not discuss or approve any other lots for alternative buffers. APPROVED Planning Commission Minutes September 8, 1998 Page #189 Chairman Stulberg asked what the City's intention is if the variance request fails. Planner Drill replied that the buffers will need to be re-established and the monument signs will need to be re -installed. Commissioner Stein asked if there is anything that obligates the builder or seller to make the buyer aware of the wetland buffers. Planner Drill stated that the monument signs are in place on the various lots. Director Hurlburt said that the resolutions are recorded specifying the wetland buffers and should show up in title searches. Planner Drill added that the wetland buffers are also indicated on the lot surveys. Chairman Stulberg asked if the plat had been divided with 40th Place being the dividing line, would the alternative buffers been different. Planner Drill replied negatively. Planning Supervisor Senness said that it wouldn't affect the criteria used. Chairman Stulberg introduced Todd and Leslie Foster and Scott and Roxanne Bergland, applicants. Mr. Foster stated that he called Tom Hovey with the DNR. Mr. Foster said that Mr. Hovey didn't have all the facts when he sent his letter to the City and reserves the right to change his mind. Mr. Foster requested that the item be tabled until the issue can be reviewed more thoroughly by Mr. Hovey. Commissioner Stoebner asked if Mr. Hovey indicated a time that he would be available to visit the site. Mr. Foster said that Mr. Hovey sounded like he would review it right away. Commissioner Koehnen asked what issues Mr. Hovey wasn't aware of. Mr. Foster stated that he had to refresh Mr. Hovey's memory on the wetland buffer, and asked him if he would change his mind if they followed the contour of the pond at 20 feet. According to Mr. Foster, Mr. Hovey said he may change his mind. Commissioner Ribbe asked Mr. Foster if he is intending to change his request. Mr. Foster replied affirmatively. Commissioner Ribbe asked what the orange line is on the property. Mr. Foster stated that it is the 40 -foot buffer line. Commissioner Stoebner asked what, if any, legal significance does the DNR's position have on this application. Director Hurlburt stated that it is information to consider with the whole package, but they have no legal jurisdiction over the City's regulations. She said that it is up to the Commission as to whether they want to table the application. Commissioner Koehnen asked how tabling the item will help the applicants. Mr. Foster replied that the DNR's position is highly reviewed and respected and they want to make sure that Mr. Hovey's statements would be accurate. Commissioner Thompson said that the request still requires a variance. Commissioner Koehnen asked if the wetland buffer APPROVED Planning Commission Minutes September 8, 1998 Page #190 will still have to average between 20 to 40 feet. Director Hurlburt stated that you can go down to 20 feet or up to 40 feet as long as it averages 30 feet. Director Hurlburt stated that it sounds like the applicants are changing their request; therefore, it would probably be best to delay action until staff has had a chance to review the revised request. Commissioner Stoebner asked if the buffers east of the applicants are 20 feet. Planning Supervisor Senness stated the buffers are 30 feet to 40 feet and then narrow to 20 feet. Commissioner Stoebner asked how precisely it is calculated and can it be changed without a variance. Director Hurlburt stated that the buffers would have to be increased somewhere. The lots are now individually owned and the owners may not agree to increase their buffer, which is why it is done at the time of plat approval as a whole. The buffers can't be more than 40 feet. Commissioner Stoebner asked how the average is calculated. Planner Drill stated that it is calculated on the frontage of the wetland, and was shown at the 30 -foot average, therefore, any reduction would require a variance. Ms. Foster asked if the other side of the wetland was taken into account when the platting was done in 1995. Planning Supervisor Senness replied negatively. Commissioner Koehnen asked if tabling the item hurts the applicant in any way. Chairman Stulberg stated that the applicant is requesting that the item be tabled. Director Hurlburt said that the City wouldn't do anything with the enforcement issue until action is taken on the request. Ms. Bergland stated that their deck is on hold, but it is their choice to wait until a decision has been made. Chairman Stulberg introduced Barb Fontaine of 16825 40th Place. Ms. Fontaine stated that she supports the request. She looks at the area as one neighborhood with one pond. She commented that it was unfair to the applicants that they can't plant up to the pond like they can on her side of the pond. Ms. Fontaine said that the request does meet the hardship requirement for the variance standards. She stated that the homes are not unique from the others and should be treated the same. She stated that she lives in the most expensive house in the area and the request won't decrease her property values. She said without the variance, the applicant's do not have much of an area for their enjoyment or use. Chairman Stulberg introduced Darvin Bauer of 16720 40th Avenue. Mr. Bauer stated that when he first looked at their property he was never made aware of the buffer zone until he talked to Mr. Foster. He stated that his lot is a little bigger on the right side so they can maybe find more room. Mr. Bauer suggested that the neighbors should get together to discuss cleaning up the pond, which was clear roughly a month ago. Mr. Bauer said that they should have equality on their side of the pond and the Commission should either table or approve the request. APPROVED Planning Commission Minutes September 8, 1998 Page #191 Chairman Stulberg introduced a letter dated September 4, 1998 from Marvin and Terry Richardson of 16805 40'h Place North opposing the variance request, and a letter dated September 4, 1998 from Mark Heitkamp of 16725 40th Place North, also opposing the variance request. Chairman Stulberg asked why the Fosters went ahead and sodded after City staff was out to the property and informed them of the 30 -foot buffer that is required by the ordinance. Ms. Foster explained that when they purchased their home, no one told them anything about a wetland buffer, even after they asked their real estate agent about the silt fence. She stated that they had plans from three different landscapers that indicated landscaping right up to the pond. Ms. Foster indicated that she was on vacation while the landscaping was taking place, and the City did come out and stop the landscaper. Ms. Foster stated that they prepaid for the sod and the remaining sod was placed in their garage. Ms. Foster said that her husband made calls to the landscaper. The landscaper told them they couldn't finish laying the sod since they had been stopped by the City, but the homeowner could. Ms. Foster said that it was too hot to leave the sod so they laid it. Mr. Bergland stated that they have received mixed messages from various individuals. Ms. Bergland stated that she thought the pine trees and shrubs by their property were put in by the City, but later found out it was the association. Ms. Foster commented that someone stopped by and used their hose to water the trees, which she assumed was someone from the City, but later discovered it was the developer. MOTION by Commissioner Thompson, seconded by Commissioner Stoebner to table the request by Todd and Leslie Foster and Scott and Roxanne Bergland for variances to the wetland buffer regulations to the September 22, 1998 Planning Commission meeting. Roll Call Vote. 6 Ayes. MOTION approved on a 6-1 Vote. (Chairman Stulberg voted Nay.) Chairman Stulberg stated that if the neighbors want to get together to clean up the wetland, the City can't get involved in that, as they can't mandate it or control it. Mr. Bergland asked when they need to submit a revised request. Director Hurlburt stated that the request needs to be in writing and submitted right away. Mr. Foster suggested that the wetland ordinance be part of closing documents that are signed off when someone purchases a home. Chairman Stulberg stated he voted against the motion, as he thought the Commission could have taken action and moved the request along to the City Council. Chairman Stulberg stated that the City Council will consider the Planning Commission's recommendation on planning for northwest Plymouth on October 21, 1998. APPROVED Planning Commission Minutes September 8, 1998 Page #192 MOTION by Commissioner Ribbe, seconded by Commissioner Koehnen to adjourn. Vote. 7 Ayes. The meeting was adjourned at 8:24 p.m.