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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 APPROVED Planning Commission Minutes November 24, 1998 Page #250 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) APPROVED Planning Commission Minutes November 24, 1998 Page #250 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. APPROVED Planning Commission Minutes November 24, 1998 Page #250 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. APPROVED Planning Commission Minutes November 24, 1998 Page #250 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. APPROVED Planning Commission Minutes November 24, 1998 Page #250 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 APPROVED Planning Commission Minutes November 24, 1998 Page #250 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.