HomeMy WebLinkAboutPlanning Commission Minutes 10-13-1998APPROVED
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
OCTOBER 13, 1998
MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe, Kim
Koehnen, Bob Stein and John Stoebner (arrived at 7:40
P.M.)
MEMBERS ABSENT: Commissioner Jeff Thompson and Roger Berkowitz
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:
MOTION by Commissioner Ribbe, seconded by Commissioner Stein to approve the
September 22, 1998 Planning Commission Minutes. Vote. 4 Ayes. MOTION approved
unanimously.
5. CONSENT AGENDA:
A. FREDERICK AND ELIZABETH BOSMAN (98165)
MOTION by Commissioner Ribbe, seconded by Commissioner Stein to approve a
Variance for Frederick and Elizabeth Bosman for property located at 14530 14th Avenue
North. Vote. 4 Ayes. MOTION approved unanimously.
6. PUBLIC HEARINGS:
A. UNITED PROPERTIES (98157)
Chairman Stulberg introduced the request by United Properties for a Site Plan for a
70,000 square foot one story building and a Conditional Use Permit for more than 50
percent office use for Plymouth Business Center Phase VI on the northeast corner of
Fernbrook Lane and 34th Avenue.
APPROVED
Planning Commission Minutes
October 13, 1998
Page #214
Planner Rask gave an overview of the October 6, 1998 staff report. Planner Rask
presented a revised resolution and Site Plan.
Commissioner Koehnen commented that the original report said that it would be subject to
the conservation easement and asked how the revised plan differs. Planner Rask stated
that the applicant met with the neighbors, and they wouldn't agree to an encroachment, so
the applicant submitted a revised plan eliminating the encroachment..
Commissioner Stein asked what the exterior trash enclosure would be like. Planner Rask
replied that the trash enclosure would be made of the same material as the building.
Chairman Stulberg introduced John Pope, representing the petitioner. Mr. Pope stated
that there has been some changes to the site plan. The retaining wall and parking spaces
do not encroach the conservation easement. Mr. Pope commented that there will be an
office finish on all four sides of the building with a provision for loading docks in the back
of the building for future use if needed. Mr. Pope said that there will be entry points along
all sides of the building for multi -tenant use. Mr. Pope stated that the building will be
approximately 300 feet from the residential property to the north.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Lowell Turner of 3430 Fernbrook Lane. Mr. Turner spoke
about the conservation easement that began with the reguiding when the property was
owned by Trammel Crow. Mr. Turner stated that the proposed trees seem to be
compatible with the conservation area. He was concerned that water would collect in the
conservation easement, damaging the trees. Mr. Turner commented that there is a brush
pile on the site and would like to see it removed. Mr. Turner said he was concerned with
runoff from the parking area into the conservation easement area. Mr. Turner stated he
would like to see the construction area fenced off. Mr. Turner commented that the
proposed roof elevation is about one to two feet higher than his patio. Mr. Turner said he
was concerned with noise and would like to see the rooftop equipment screened. Mr.
Turner said that if his property isn't sold to the St. Paul Companies, he would like to
rezone it back to residential.
Chairman Stulberg closed the public hearing.
City Engineer Faulkner stated that the applicant does have an on-site storm sewer system,
and is putting in a structure on the north side of the property. Jennifer Posma of HTPO,
Inc. representing the applicant, stated that the applicant proposes a two to three foot
retaining wall between the conservation easement draining towards the pavement to be
captured in curb and gutter and transmitted to the storm sewer. She said that the low
point of conservation easement can be swaled around and piped into the storm sewer to be
APPROVED
Planning Commission Minutes
October 13, 1998
Page #215
treated. Ms. Posma commented that there will be construction fencing along the
easement.
Planner Rask said that if the brush pile is within the proposed development, it will be
removed.
Mr. Pope commented that the rooftop equipment will not be screened, but will painted to
match the roof and be small and organized. He said that the rooftop equipment will be
over 300 feet from residential property and shouldn't be a factor. Planning Supervisor
Senness stated that if the equipment is less than three feet in height, it is exempt from
screening. Director Hurlburt stated that under the old ordinance rooftop equipment was
required to be screened, which sometimes was more visually offensive than the buffering
or painting. Planner Rask stated that Condition #2 in the approving resolution addresses
the rooftop equipment.
Planner Rask stated that Mr. Turner would have to submit an application to the
Community Development Department if he wishes to pursue a rezoning of his property.
Commissioner Koehnen questioned the noise that would be generated from the rooftop
equipment. Planner Rask stated that he has not experienced any problems with noise from
rooftop equipment. He said that there is a good separation between the residential uses.
Mr. Pope commented that the noise would be similar to a residential air conditioner.
Commissioner Ribbe asked how many air conditioner units would be installed. Mr. Pope
replied 10 to 12 units.
MOTION by Commissioner Koehnen, seconded by Commissioner Ribbe recommending
approval of a Site Plan and Conditional use Permit for United Properties for property
located at east of Fernbrook Lane and north of 34th Avenue North. Roll Call Vote. 4
Ayes. MOTION approved unanimously. (Commissioner Stoebner abstained due to
missing the presentation.)
B. US WEST WIRELESS L.L.C. (98159)
Chairman Stulberg introduced the request by US West Wireless L.L.C. for a Conditional
Use Permit and Site Plan Amendment to allow installation of a 65 -foot high monopole
antenna on property located at 17405 County Road 6.
Planner Drill gave an overview of the October 7, 1998 staff report.
Commissioner Stoebner asked why the proposed monopole is not designed for co -
location. Planner Drill replied that the monopole would include a lighting fixture for the
parking lot. He added that if the monopole was required to be designed for co -location by
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Planning Commission Minutes
October 13, 1998
Page #216
another wireless carrier, it would need to be of greater thickness and would need to be
roughly 20-25 feet higher.
Chairman Stulberg asked if the ordinance requires all proposals to provide for more than
one carrier. Planner Rask responded that the City does not want to have single -user type
poles, however, in this case the ordinance takes into account the light standard as a
camouflaging technique. He said that this proposed type of monopole with lighting has
been used quite successfully in other areas such as playgrounds. For this general area,
staff encouraged the applicant to look for a commercial site.
Chairman Stulberg introduced Kenneth Nielsen, the petitioner. Mr. Nielsen presented a
colored rendering of the monopole. Mr. Nielsen stated that the proposed site is to serve a
relatively small area. He said that the proposed pole is co -located with a light standard
and is far less obtrusive to the area. Mr. Nielsen said that they have agreed to go to a
galvanized look and the cylinders containing the antenna array would also be gray.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak on the issue.
MOTION by Commissioner Koehnen, seconded by Commissioner Stoebner
recommending approval of a Conditional Use Permit and Site Plan Amendment to allow
installation of a 65 -foot high monopole and related ground equipment for wireless
communication services at 17405 County Road 6. Roll Call Vote. 5 Ayes. MOTION
approved unanimously.
C. THEODORE W. FLESNER (98162)
Chairman Stulberg introduced the request by Theodore W. Flesner for Rezoning from
FRD (Future Restricted Development) to RSF-2 (Single Family Detached 2), Preliminary
Plat to create two lots, and a Conditional Use Permit to fill a portion of the floodplain at
16220 Old Rockford Road.
Planner Lindahl gave an overview of the October 8, 1998 staff report.
Commissioner Ribbe asked if the excavation will create a pond. Planner Lindahl said that
the excavation will be a continuation of the floodplain elevation, and will require lowering
the grade a little bit. City Engineer Faulkner stated that it will be graded for flood storage.
Commissioner Stein asked what the depth is of the back yard between the house pad and
the wetland buffer. Planner Lindahl replied approximately 15 feet as show on the plans.
Staff has discussed this with the applicant and has included a condition requiring the
wetland buffer monuments to be placed prior to final grading inspection. Director
Hurlburt stated that it will depend on the house that will be built, and the City has not
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Planning Commission Minutes
October 13, 1998
Page #217
received any plans for that yet. She said that whoever buys the property will have to
design the house to fit the lot.
Chairman Stulberg introduced Theodore Flesner, the applicant. Mr. Flesner commented
that he concurs with the staff report. He said that his son occupies the existing house and
would like to subdivide the property. Mr. Flesner asked why they couldn't keep both of
the existing driveways. Planner Lindahl stated that the City's Transportation Plan
identified Old Rockford Road as a major collector street. The plan recommends that
residential driveway access to major collectors be limited to major multiple family
developments. She said that the policy is to close existing driveways when new plats are
created.
Chairman Stulberg asked about the small backyard. Mr. Flesner stated that the property
could support an L-shaped house, or the house could be smaller to allow a bigger back
yard.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Mark Austin of 4315 Weston Lane North. Mr. Austin
stated that he was concerned that the fill would raise the pond causing runoff on his
property. He stated that the staff presentation on the application answered his questions
on this matter. He asked if the applicant is planning to add another lot to build a house in
the future. Planner Lindahl replied affirmatively.
Chairman Stulberg closed the public hearing.
MOTION by Commissioner Stoebner, seconded by Commissioner Koehnen
recommending approval of an Ordinance amending Chapter 21 (Zoning Ordinance) of the
City Code to classify certain land located at 16220 Old Rockford Road and Findings of
Fact for Rezoning of the property located at 16220 Old Rockford Road. Roll Call Vote.
5 Ayes. MOTION approved
MOTION by Chairman Stoebner, seconded by Commissioner Koehnen recommending
approval of a Preliminary Plat for Theodore Flesner for property located at 16220 Old
Rockford Road. Roll Call Vote. 5 Ayes. MOTION approved unanimously.
MOTION by Commissioner Stoebner, seconded by Commissioner Koehnen
recommending approval of a Conditional Use Permit for Theodore Flesner for property
located at 16220 Old Rockford Road. Roll Call Vote. 5 Ayes. MOTION approved
unanimously.
D. GENUINE PARTS COMPANY (98164)
APPROVED
Planning Commission Minutes
October 13, 1998
Page #218
Chairman Stulberg introduced the request by Genuine Parts Company for a Conditional
Use Permit to allow 1,159 square feet of accessory retail sales in the I-1 (Light Industrial)
District for property located at 12840 State Highway 55.
Planner Drill gave an overview of the October 7, 1998 staff report.
Chairman Stulberg introduced John Ranssi, the petitioner. Mr. Ranssi stated that he
concurs with the staff report 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 Ribbe, seconded by Commissioner Stoebner recommending
approval of the Conditional Use Permit for Genuine Parts Company to allow accessory
enclosed retail activity at 12840 Highway 55. Roll Call Vote. 5 Ayes. MOTION
approved unanimously.
Chairman Stulberg called a recess at 8:15 p.m. and reconvened the meeting at 8:30 p.m.
7. NEW BUSINESS
A. DENNIS BEGIN (98135)
Chairman Stulberg introduced the request by Dennis Begin for a variance from minimum
lot size requirements in the RSF-1 Zoning District and a variance from the maximum
impervious surface area coverage in the Shoreland District for property located at 2675
Medicine Ridge Road.
Planner Lindahl gave an overview of the October 8, 1998 staff report.
Commissioner Stein asked how a "neighborhood" is defined. Planner Lindahl replied that
it is usually the neighboring lots that were platted at the same time. Commissioner Stein
asked why the homes across the street are not considered as part of the neighborhood.
Planner Lindahl responded that those lots were platted much later.
Commissioner Koehnen asked about the response from Tom Hovey of the DNR
pertaining to the request. Planner Lindahl explained that the DNR has no objection to the
proposal, provided that the shoreland ordinance standards are met, but staff finds that the
standards are not met.
Commissioner Stein asked if the applicant had anything to do with the property next to
him where the cabin was torn down and a new house was built. Mr. Begin replied
negatively.
APPROVED
Planning Commission Minutes
October 13, 1998
Page #219
Chairman Stulberg introduced Dennis Begin, the applicant. Mr. Begin stated that he
bought his property before Medicine Ridge Road was constructed. He said that the City
bought part of his property for the construction of Medicine Ridge Road. Mr. Begin
stated that he had house plans drawn up based on the setbacks that were quoted to him,
but at that time, he didn't know anything about the property being in the Shoreland
Management Overlay District.
MOTION by Commissioner Stein, seconded by Commissioner Stoebner recommending
approval of a Variance request for Dennis Begin for property located at 2675 Medicine
Ride Road. Vote. 5 Ayes. MOTION carried unanimously.
MOTION by Commissioner Koehnen, seconded by Chairman Stulberg recommending
denial of a Variance to increase impervious surface area from 25 percent to 35 percent for
Dennis Begin for property located at 2675 Medicine Ridge Road. Vote. 3 Ayes.
MOTION approved on a 3-2 Vote.
B. DON MYRON (98155)
Chairman Stulberg introduced the request by Don Myron for a variance to encroach 8.8
feet into the required 25 -foot front yard setback, variance to encroach 5 feet into the
required 15 -foot side yard setback and variance for development of a legal,
nonconforming vacant lot for property located at 305 Quantico Lane North.
Planner Lindahl gave an overview of the October 9, 1998 staff report.
Chairman Stulberg introduced Dan Johnson, representing the applicant.
Mr. Johnson stated that the applicant is entitled to have his application processed under
the laws that were in place at the time of the original application. He said that what Mr.
Myron originally asked for was a side yard variance along Quantico Lane. He stated that
the applicant did not submit any new information because the record was complete. Mr.
Johnson said that they thought the item would go directly back to the City Council for a
decision. Mr. Johnson stated that the application meets each of the required standards for
approval of the variance and offered the following for each standard:
Standard #1 (That because of the particular physical surroundings, shape, or topographical
conditions of the specific parcel of land involved, a particular hardship to the owner would
result as distinguished from a mere inconvenience, if the strict letter of the regulations
were to be carried out.) — Mr. Johnson stated the hardship is that the applicant can't build
what he wants. He said that the applicant doesn't have to show that it hurts him, just that
he can't build what he wants. Mr. Johnson said that a variance is not a loop hole, it is so
that all properties are treated fairly.
APPROVED
Planning Commission Minutes
October 13, 1998
Page #220
Standard #2 (That the conditions upon which a petition for a variation is based are unique
to the parcel of land for which the variance is sought and are not applicable, generally, to
other property within the same zoning classification.)— Mr. Johnson said that no one
should get a variance if staff's finding is correct. He said that the thing that makes the
parcel unique is that it's small.
Standard #3 (That the purpose of the variation is not based exclusively upon a desire to
increase the value or income potential of the parcel of land.) — Mr. Johnson said that any
time someone buys a house, it is an investment. Mr. Johnson stated that the property is
zoned residential and the applicant wants to build residential.
Standard #4 (That the alleged difficulty or hardship is caused by this Ordinance and has
not been created by any persons presently having an interest in the parcel of land.) — Mr.
Johnson commented that the buyer stands in the shoes of the seller, and has the same
rights. He stated that the applicant is entitled to the same rights as the seller. He said that
the proposal is not a self-created hardship because the applicant hasn't done anything. He
explained that a self-created hardship is when an owner splits a lot and creates two
nonconforming lots. The land was platted in 1914, and the reason it is smaller is because
the City shaved 30 feet off the lot for the road. He said that this lot is part of the plat and
that the neighborhood is the development. He stated that just because a house is closer to
the street, it doesn't make it a blight on the neighborhood.
Standard #5 (That the granting of the variation will not be detrimental to the public
welfare or injurious to other land or improvements in the neighborhood in which the
parcel of land is located.) — Mr. Johnson said the applicant is not asking to put up a
nuisance, but rather a house which won't be injurious to the neighborhood. He stated that
the zoning ordinance leaves aesthetics out of it. He commented that the proposed house
will be the newest in the neighborhood and possibly the most valuable. He said that the
land was originally platted to be buildable and it isn't now.
Standard #6 (That the proposed variation will not impair an adequate supply of light and
air to adjacent property, or substantially increase the congestion of the public street, or
increase the danger of fire, or endanger the public safety, or substantially diminish or
impair property values within the neighborhood.) — Mr. Johnson said that staff's only
comment is that it won't look good, which is subjective. Mr. Johnson said the market
place should decide the property values.
Standard #7 (That the requested variance is the minimum action required to eliminate the
hardship.) — Mr. Johnson said that this standard was a change in the ordinance, and they
weren't required to prove that with the first application. Mr. Johnson said that the
Commission can recommend a smaller variance. Mr. Johnson commented that there are
houses along 6th Avenue that are exactly like the one the applicant intends to build.
APPROVED
Planning Commission Minutes
October 13, 1998
Page #221
Mr. Johnson stated that they feel that the staff has misunderstood its standards. He said
that the proposed application is an appropriate case to approve a variance. Mr. Johnson
stated that he realizes the applicant has a political background, but they expect fairness be
applied to the standards. Mr. Johnson stated that staff originally recommended approval
of this and the applicant is again asking for approval.
Chairman Stulberg introduced Richard Larson of 15315 3rd Avenue North. Mr. Larson
commented that he is concerned with the safety of the children in the neighborhood as the
house would be out further than the other homes in the area.
Chairman Stulberg introduced Charles Carey of 15325
3rd Avenue. Mr. Carey stated that
the residents have been through this application before. He said that it is a classic case of
trying to put a square peg in a round hole. He commented that the proposed house will
stick out like a sore thumb. He said he is concerned with site lines, and the security and
safety of the children in the neighborhood. Mr. Carey said that this proposal is for
personal gain, as the applicant is not going to live in the house, but rather sell it.
Chairman Stulberg asked if Mr. Myron were to live in the house would it change Mr.
Carey's opinion. Mr. Carey replied negatively.
Chairman Stulberg introduced Jim Watts of 315 Quantico Lane North. Mr. Watts stated
that he submitted a letter dated October 13, 1998 which is part of the staff report. Mr.
Watts presented a petition stating opposition to the variance request. Mr. Watts said that
the purpose of the zoning ordinance is to consider the big picture which is the public
welfare, and how the proposal will fit into the overall neighborhood. Mr. Watts said that
when the Commission is asked to waive the standards, it is important to understand what
standards are being waived. Mr. Watts said that the proposal will not improve the
property values. He commented that he didn't think staff interpreted the application
without guidance from the city attorney. He said that he lives in a nice neighborhood
which is not crowded and doesn't want a large house on a small lot so they can turn
around and sell it for a profit. Mr. Watts asked where the back yard would be for children
to play.
Chairman Stulberg introduced Don Myron, the applicant. Mr. Myron stated that the
neighbors are upset because this is the last lot in the neighborhood, and they don't want
anything built. Mr. Myron said that property value concerns are emotional claims. Mr.
Myron said that he has participated in the development of other areas, and the
development he has been involved with is always far above the code. Mr. Myron stated
that unless you know what is going to be built and the quality of it, there is no way anyone
could say how it could impact the property values. Mr. Myron said that the
neighborhood's property values will be enhanced if the proposal is approved. Mr. Myron
stated that there will be lots of room for children to play in the lot.
APPROVED
Planning Commission Minutes
October 13, 1998
Page #222
Commissioner Stoebner asked the applicant what the purpose of the variance is. Mr.
Myron stated that you can get many interpretation of the ordinance depending on who you
talk to. Mr. Myron commented that he believes the variance is a scapegoat. He stated
that when an ordinance is passed, it is because of specific reasons and it is to be applicable
to everything in that municipality. He said that the council needs something for latitude
for properties that just don't fit in the ordinance guidelines. He said that no house in the
Parkers Lake subdivision could be built without variances.
Mr. Johnson stated that the proposal is not exclusively for profit. He said that a variance
process is for a request that the ordinance assumes won't be favorable, such as adding a
swimming pool. Mr. Johnson said that developing property is a permitted purpose and the
applicant doesn't have use of the property now.
Chairman Stulberg stated that the Commission's role is to uphold the ordinance, and it has
nothing to do with political issues. He noted that the reason the Commission is involved is
that applicant is requesting variances on the property.
Chairman Stulberg asked if the side yard and front yard setbacks were the same in the
zoning ordinance that was in affect in 1995. Planner Lindahl replied affirmatively.
Commissioner Stoebner asked if all the lots in the neighborhood would need a variance.
Planner Lindahl replied that most lots could be built with an administrative permit for lot
area and lot width within 70 percent of the district requirements. She commented that the
subject lot has a lot area within 50 percent and lot width within 47 percent of the minimum
requirements. Chairman Stulberg commented that it is roughly 30 percent short for an
administrative permit.
MOTION by Chairman Stulberg, seconded by Commissioner Ribbe recommending denial
of variance request for Don Myron for property located at 305 Quantico Lane North,
subject to findings of fact.
Commissioner Ribbe stated that the purpose of the ordinance is to define consistency and
permit the continuance of the character of the neighborhood. He said that it is not
incumbent on the City to permit building on every lot of every dimension. He said that the
application clearly does not meet the intent of the ordinance or the standards for a
variance.
Vote. 5 Ayes. MOTION approved unanimously.
C. RECOMMENDATION TO CITY COUNCIL FOR CONTINUED
PARTICIPATION IN THE METROPOLITAN LIVABLE COMMUNITIES
ACT PROGRAMS FOR 1999
APPROVED
Planning Commission Minutes
October 13, 1998
Page #223
Director Hurlburt gave an overview of the October 1, 1998 staff report.
MOTION by Commissioner Ribbe, seconded by Commissioner Koehnen to recommend
continued participation in programs established under the Metropolitan Livable
Communities Act for 1999. Vote. 5 Ayes. MOTION approved unanimously.
8. OTHER BUSINESS
Commissioner Ribbe commented that he would like additional time to review the bible
school application. Director Hurlburt stated that staff could provide the information that
was submitted as part of the application prior to the staff report.
Chairman Stulberg, Commissioners Koehnen and Ribbe stated that they wouldn't be able
to attend the Planning Commission Meeting on October
27th. Clerical Supervisor Hutt is
to check with Commissioner Thompson to ensure a quorum for the meeting.
Commissioner Koehnen stated she may not be able to attend the November
10th
Planning
Commission Meeting.
MOTION by Commissioner Stoebner, seconded by Commissioner Stein to adjourn.
Vote. 5 Ayes. The meeting was adjourned at 9:45 p.m.