HomeMy WebLinkAboutPlanning Commission Minutes 11-24-1998APPROVED
CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
NOVEMBER 24, 1998
MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe
arrived at 7:09 p.m.), Kim Koehnen, Jeff Thompson, Roger
Berkowitz, and John Stoebner
MEMBERS ABSENT: Commissioner Bob Stein
STAFF PRESENT: Director Anne Hurlburt, Planning Supervisor Barbara
Senness, Planners Shawn Drill and Kendra Lindahl, 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 Thompson, seconded by Commissioner Berkowitz to
approve the November 10, 1998 with a phrase added to Page 239, paragraph one, line 9
11 racism, my concern here is environmental classism." Vote. 4 Ayes. MOTION
approved unanimously. (Commissioner Koehnen abstained.)
5. CONSENT AGENDA:
A. ROTTLUND HOMES (98186)
MOTION by Commissioner Thompson, seconded by Commissioner Stoebner
recommending approval of a Lot Division and Variance for the Rottlund Company, Inc.
for property located at 10405
6th Avenue North. Vote. 5 Ayes. MOTION approved
unanimously.
6. PUBLIC HEARINGS:
A. CARLSON REAL ESTATE COMPANY (98179)
Chairman Stulberg introduced the request by Carlson Real Estate Company for a
Conditional Use Permit Amendment and Site Plan Amendment for the demolition of
Planner Lindahl gave an overview of the November 20, 1998 staff report.
Chairman Stulberg introduced Brad Lis, the petitioner. Mr. Lis submitted a revised plan
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County Kitchen and expansion of County Inn & Suites and an Interim Use Permit for
shared parking at 200 and 210 Carlson Parkway.
Planner Lindahl gave an overview of the November 20, 1998 staff report.
Chairman Stulberg introduced Brad Lis, the petitioner. Mr. Lis submitted a revised plan
indicating changes to the front of the building. Mr. Lis stated that he concurred with the
staff report.
Commissioner Ribbe asked if the restaurant was being replaced because it wasn't
profitable. Mr. Lis commented that Carlson Real Estate Company no longer owned the
restaurant, but retained the right to buy the site back. He said that Carlson Real Estate
has had more requests for additional rooms at the Country Inn and Suites.
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 Berkowitz
recommending approval of a Site Plan Amendment, Conditional Use Permit Amendment
and Interim Use Permit for Carlson Real Estate Company for property located at the
southwest quadrant of Carlson Parkway and I-494. Roll Call Vote. 5 Ayes. MOTION
approved unanimously. (Commissioner Ribbe abstained due to missing part of the staff
presentation.)
B. CITY OF PLYMOUTH (98182)
Chairman Stulberg introduced the request by the City of Plymouth to amend Section
21005 (Rules and Definitions) and Section 21180.01 (Keeping Animals) of Chapter 21 of
the Plymouth City Code, the Plymouth Zoning Ordinance.
Director Hurlburt gave an overview of the November 18, 1998 staff report.
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 Ribbe
recommending an Ordinance amending the Plymouth City Code, by amending Chapter
21 with respect to the keeping of animals and approving Findings of Fact for amending
Section 21005 (Definitions) and Section 21170.01 (Keeping Animals) of the Plymouth
City Code. Roll Call Vote. 6 Ayes. MOTION approved unanimously.
C. CITY OF PLYMOUTH (98193)
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Chairman Stulberg introduced the request by the City of Plymouth for an Amendment to
Chapter 21 of the Plymouth City Code, the Plymouth Zoning Ordinance to allow liquor
on -sale when accessory to a permitted use in the Public/Institutional District and the City
Center -Public District.
Planning Supervisor Senness gave an overview of the November 19, 1998 staff report.
Commissioner Berkowitz questioned how the proposed ordinance change would affect
other areas that may be zoned PI, such as golf courses. Director Hurlburt explained that
golf courses are generally zoned residential and the ordinance allows for such already.
Planning Supervisor Senness stated that in order for it to be allowed the use must clearly
subordinate to the primary use. For example, since alcohol is not customarily present at
school, it would not be allowed as an accessory use.
Commissioner Stoebner asked what the process would be for renting this facility and
having liquor. Director Hurlburt stated that the operational policies have not been
developed yet. Planning Supervisor Senness said that this does not preclude the regular
process for serving alcohol. Chairman Stulberg asked where the decision comes from for
allowing this at the activity center. Planning Supervisor Senness stated that the Parks and
Recreations Department will have the guidelines to follow when renting out the facility.
Director Hurlburt stated that the guidelines will be presented to the Council for their
review and subsequent approval.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak on the issue.
MOTION by Commissioner Stoebner, seconded by Commissioner Thompson
recommending approval of an Ordinance amending the Plymouth City Code, by
amending Chapter 21 with respect to liquor on -sale when accessory to a permitted use in
the Public/Institutional Districts and Findings of Fact for amending Section 21475.07
Accessory Uses in the City Center District) and Section 21650.05 (Accessory Uses in
the Public/Institutional District) of the Plymouth City Code. Roll Call Vote. 6 Ayes.
MOTION approved unanimously.
7. NEW BUSINESS:
A. KARL & JOYCE POKORNY (98178)
Chairman Stulberg introduced the request by Karl and Joyce Pokorny for an Interim
Home Occupation License to allow non-resident employees for an existing landscape
business located at 1890 Troy Lane North.
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Planner Drill gave an overview of the November 18, 1998 staff report. Planner Drill
emphasized that the employment aspect is what is triggering the need for the license.
Commissioner Thompson questioned why the Commission is to address the storage on
the site. Planner Drill replied that because the applicant referred to outside storage in his
narrative, it helps to clarify that no storage is allowed by having it in the resolution.
Commissioner Berkowitz asked if the applicant came in on his own to apply for the
license, or if it was the result of something else. Planner Drill responded that the
applicant added a shed on their property a few months ago which may have raised some
questions.
Chairman Stulberg introduced Steven Sondrell, attorney representing the applicant. Mr.
Sondrell presented letters from the following residents supporting the application: Tim &
Lisa Curtin of 1745 Troy Lane, Chad & Nancy Nelson of 1705 Troy Lane, Dan and
Annie Arnold of 1755 Troy Lane, Jeff & Susie Schlachtenhaufer of 18210 County Road
6, Dean & Rebecca Ribich of 1525 Troy Lane, Rud & Jeanne Marti of 1855 Troy Lane,
March & Jackye McAlister of 1870 Troy Lane, and Donald & Ann Harris of 18545 20th
Avenue North. Mr. Sondrell requested that the Commission consider the applicant's
request for a limited amount of exterior storage. Mr. Sondrell stated that the Commission
should consider this request because the site is unique since there are two tracts of land.
Tract A has the home on the site and Tract B is vacant. He said that the home occupation
is located on tract A, and they are not proposing to store any exterior equipment on Tract
A. Mr. Sondrell referenced Section 21350.03, Subd. 1 of the zoning ordinance stating
that he interprets it to mean it would be a permitted use in the FRD District for a
gardening or landscaping service. He said that as it relates to Tract B, some type of
landscape operation is allowed. He referenced Section 21350.05 that states accessory
uses incidental and customary to the uses allowed as permitted. Mr. Sondrell said that
Section 21105.11 provides for some exterior storage of property on Tract B, as long as
storage is screened and not visible from other properties. Mr. Sondrell stated that he
would like to see Condition # 7 of the resolution altered to allow the applicant to keep
some of the landscape material and some storage on Tract B.
Chairman Stulberg introduced Karl Pokorny, the applicant. Mr. Pokorny stated that the
property is residential and he wants to keep it that way. He said that storage is limited
and he wants to keep his neighbors happy. Mr. Pokorny said that he would like to be able
to keep up to five yards of soil and mulch on the site.
Chairman Stulberg asked how the Commission would put in the resolution some limited
amount of outside storage. Mr. Sondrell said that the applicant has stated certain amounts
and would only need storage on site for the months of April through September. He
added that they would be happy to work with staff on the specifics.
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Commissioner Thompson stated that as he understands the Interim Use Permit and the
Home Occupation License, it is not a means of gaining access to the uses that are not
permitted. He said that the Commission could interpret that there is not exterior storage
on Tract A. He stated that Mr. Sondrell's argument is based on the applicant owning two
tracts of land. Commissioner Thompson said that he was thinking of deleting Condition
7 of the resolution as it doesn't belong in the Interim Use Permit as it should be dealing
with the Home Occupation License. He said that he doesn't know how site is defined in
the ordinance.
Mr. Sondrell said that they are attempting to avoid interpretation problems in the future
so that when there are staff changes, there won't be any question. He stated that the
applicant proposed to build a storage shed on Tract B, but was told that you can't have an
accessory building on a lot without a principal building. Mr. Sondrell stated that he
doesn't think the Commission would be setting a precedent because this site is unique.
Director Hurlburt commented that Section 2135.03, Subd. 1 section refers to agriculture
and nurseries as it applies to state law, which is having 10 or more acres of land. She
said that FRD is a residential zoning district. She stated that the applicant's use is a
Home Occupation and the limitation on exterior storage does apply. She said that she can
understand Commissioner's Thompson's concern with Condition #7 being in the
resolution, but the Home Occupation Ordinance clearly states no outdoor storage and to
allow any would clearly be a violation.
Commissioner Thompson asked if it is really the Commission's authority to speak on two
different tracts and asked if Condition #7 should be deleted. Director Hurlburt replied
that the condition was put in because of the narrative addressing the storage issue, and
staff didn't want to ignore it. Tract B is not eligible for a Home Occupation Permit since
there is no home for it to be an accessory to. She said that it would be fine to leave out
Condition #7, but storage on Tract B is clearly a violation.
Mr. Sondrell said that they are not intending to debate points of law, and they will
comply with whatever the City wants; they only are asking if there is another way to look
at their request.
Commissioner Stoebner asked if there is a definition concerning storage as to how long
something sits before it is considered storage. Planning Supervisor Senness stated that
construction and landscaping materials related to construction on the lot are to be used
within 12 months. Director Hurlburt commented that outdoor storage has a general
provision for automobiles in excess of 96 hours along with refuse and junk.
Commissioner Stoebner asked if that is limited to vehicles. Director Hurlburt replied
affirmatively.
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Chairman Stulberg introduced Mark McAlister of 1870 Troy Lane. Mr. McAlister stated
that he is very familiar with Mr. Pokorny's operation. He said that if there is any concern
by people, it might be related to traffic and safety. Mr. McAlister stated that he supports
the application as it is limited and storage is minimal. Mr. McAlister commented that the
applicant has maintained the private driveway on Troy Lane for all the neighbors. Mr.
McAlister said that the amount that would be stored on Tract B would be insignificant.
Chairman Stulberg introduced Dean Ribich of 1525 Troy Lane. Mr. Ribich stated that
the business has not negatively affected the neighborhood at all. There is no significant
noise or road damage issue. Mr. Ribich said that the applicant's business has been
beneficial to all the neighbors. Mr. Ribich asked the Commission to recommend
approval of the Interim Home Occupation License.
Mr. Pokorny thanked the Commission for their consideration and staff for putting the
proposal together. He said that he would like to store more materials, but would accept
the conditions in the resolution.
Chairman Stulberg thanked the applicant for coming forth to apply for the Interim Home
Occupation License, as no one probably would have known differently.
MOTION by Commissioner Thompson, seconded by Commissioner Stoebner
recommending approval of an Interim Home Occupation License for Karl and Joyce
Pokorny for property located at 1890 Troy Lane North.
MOTION to Amend by Commissioner Thompson, seconded by Commissioner Stoebner
to delete the second sentence of Condition #7 of the approving resolution.
Commissioner Berkowitz asked why not remove the entire condition. Commissioner
Thompson said that the applicant may need the first part of the condition. Chairman
Stulberg questioned that if the second sentence doesn't belong why does the first
sentence. Commissioner Thompson said that it restates what is allowed. He said that if
the applicant was to ever apply for a variance he would like him to have the full options
available instead of restricting him. Chairman Stulberg said that would support taking
out the entire condition.
Roll Call Vote on MOTION to Amend. Vote. 3 Ayes. MOTION to Amend failed on
a 3-3 Vote. (Commissioners Koehnen, Berkowitz and Chairman Stulberg voted Nay.)
MOTION to Amend by Commissioner Berkowitz, seconded by Commissioner Stoebner
to delete Condition #7 of the approving resolution.
Commissioner Thompson asked if the applicant can store live plants on the site if the
condition is deleted. Planning Supervisor Senness said that the applicant couldn't for his
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landscaping businesses. Commissioner Koehnen asked if the condition could be put
somewhere else. Director Hurlburt replied negatively. Commissioner Berkowitz
commented that the request should be brought forward through another vehicle such as
variance to allow outdoor storage. Director Hurlburt stated that there is no variance
available to do something that violates the ordinance. She said having seen home
occupations grow, you don't want to lose this as a standard as it could impact the
neighborhood in the future. She stated that she doesn't know how you can grant the
license when we know another part may be violated. Commissioner Thompson said the
condition should be deleted or just delete the second sentence. Mr. Pokorny asked that
Condition #7 be left in the resolution. Director Hurlburt commented that it has its
advantages to leave it in if staff receives any complaints. Roll Call Vote on MOTION
to Amend. Vote. 2 Ayes. MOTION to Amend failed on a 2-4 Vote. (Commissioner
Thompson, Koehnen, Stoebner and Ribbe voted Nay.)
Vote on Main MOTION. 6 Ayes. Main MOTION approved unanimously.
MOTION by Commissioner Thompson, seconded by Commissioner Stoebner to
adjourn. Vote. 6 Ayes. The meeting was adjourned at 8:16 p.m.