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HomeMy WebLinkAboutPlanning Commission Minutes 10-08-1996CITY OF PLYMOUTH PLANNING COMMISSION MINUTES OCTOBER 8, 1996 MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners Allen Ribbe, John Stoebner, Tim Bildsoe, Jeffrey Thompson, Saundra Spigner, and Roger Berkowitz MEMBERS ABSENT: STAFF PRESENT: Community Development Anne Hurlburt, Planning Supervisor Barbara Senness, Planner Shawn Drill, Planning Intern Renee DiVicino, City Engineer Dan Faulkner, and Clerical Supervisor Denise Hutt 1. CALL TO ORDER: 7:00 p.m. 2. PUBLIC FORUM: Carolyn Ackerberg of 18900 - 12th Avenue North suggested that the City should put signs up for potential development at least two weeks prior to the Planning Commission Meeting. Ms. Ackerberg said that when notices are mailed out, the City can't be sure that the residents received the notices. Chairman Stulberg explained that the legal notices are published in the official City newspaper, which is the Plymouth Sun -Sailor. Depending upon the type of application, the development sign is placed on the site 10 days prior to the Planning Commission Meeting. Ms. Ackerberg said the City should take the initiative to put up a sign for all developments. Director Hurlburt stated that the City's normal practice is to place the development signs on site 10 days prior to the Planning Commission Meeting. She stated that the State does not require the placement of development signs. The City requires property notices to be mailed with certain types of applications. Director Hurlburt apologized for the late placement of the development sign and said the Planning Commission could continue the public hearing for item 6B. if they so choose. 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: MOTION by Commissioner Ribbe, seconded by Commissioner Berkowitz recommending approval of the September 24, 1996 Planning Commission Minutes. 6 Ayes. MOTION carried unanimously. (Commissioner Thompson abstained). Planning Commission Minutes October 8, 1996 Page #229 5. CONSENT AGENDA: A. CALIBER DEVELOPMENT CORPORATION (96121) Chairman Stulberg introduced the request by Caliber Development Corporation for a Planned Unit Development Final Site Plan for a 91,600 square foot industrial office/warehouse building for Northwest Pointe Business Center located west of Niagara Lane at 21st Avenue North. MOTION by Commissioner Spigner, seconded by Commissioner Bildsoe recommending approval of an MPUD Final Plan/Plat for Caliber Development Corporation for property located west of Niagara Lane at 21st Avenue. Vote. 7 Ayes. MOTION carried unanimously. 6. PUBLIC HEARINGS: A. ALI MAHABADI (95041) Chairman Stulberg introduced the request by Ali Mahabadi for Lot Division and Variances to divide the property at 12305 - 30th Avenue North into two lots of 18,511 square feet and 12,864 square feet. Commissioners Bildsoe and Spigner excused themselves from the discussion and vote due to a conflict of interest. Planner Drill gave an overview of the October 2, 1996 staff report. As a follow-up to why one of the nearby lots was smaller than the others, Commissioner Ribbe asked if the City required space for the turnaround, and if all surrounding lots are considerably larger than what is being proposed. Planner Drill replied affirmatively. Commissioner Ribbe asked what the other small lot was. Planned Drill responded that the 8,864 square foot lot was originally platted as a lake cabin site in the 1930s. Chairman Stulberg introduced Ali Mahabadi, the petitioner and Jim Yarosh, attorney for the petitioner. Mr. Yarosh presented a picture of the lot depicting the amount of empty space that fronts along 30th Avenue. Mr. Yarosh also presented an aerial photo of the neighborhood pointing out homes that are relatively close to each other. Mr. Yarosh stated that marsh land is included in the calculation of lots, which counts for the high acreage in other lots. Mr. Yarosh indicated that Mr. Mahabadi is intending to build a house in the $200,000 to 220,000 price range on a lot size of 12,862 square feet. Mr. Yarosh presented an overhead indicating the minimum lot size requirements for single family residential in other cities. Mr. Yarosh said that his client's proposed lot would exceed the minimum lot size Planning Commission Minutes October 8, 1996 Page #230 for all of the cities except Eden Prairie. Mr. Yarosh stated that the existing lot is too big and hard for Mr. Mahabadi to maintain. Mr. Yarosh commented that by subdividing the lot and building a house on the vacant piece of land, you would fill in the gap in the neighborhood. At this time, the vacant piece of land sticks out. Mr. Yarosh said that the zoning ordinance itself creates the hardship because of the large lot requirements. Mr. Yarosh stated that the minor soil problem would be corrected in conjunction with any development of the lot. The new house would be further away from Mr. Mahabadi's current residence versus the proximity of Mr. Mahabadi's house and his current neighbor. Mr. Yarosh stated that if the application is approved, Mr. Mahabadi would be willing to work with the neighbors on the type of house to be built. Mr. Mahabadi stated that he has tried to be a friendly neighbor and would like to remain in Plymouth. Mr. Mahabadi said the existing home is too big, and he can't keep up with the mortgage, taxes, and maintenance. He would like to build a smaller home on the lot to reside in. Chairman Stulberg stated that the Commission can't base their decision on other cities' minimum lot sizes. Plymouth's Zoning Ordinance indicates a minimum lot size of 18,500 square feet for R -IA (Low Density Residential District). He added that the Commission focuses on the six variance criteria of which aesthetics is not one. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced a letter dated October 4, 1996 from Dean Wallant opposing the Lot Division and Variances. Mr. Wallant stated in his letter that his primary concern was to find a community where their children would be safe; living in large, spacious lots, without the through traffic. The view of 30th Avenue North was very open so they would be able to see the children's school bus. In Mr. Wallant's letter, he stated they purchased their home due to these considerations. He stated he almost did not purchase the residence because of the positioning of Mr. Mahabadi's present home. If Mr. Mahabadi's property was divided into two lots, he would have never purchased his residence. Mr. Mahabadi never mentioned the lot division until after he purchased the home. Chairman Stulberg presented a petition dated October 1, 1996 from 14 residents opposing the Lot Division and Variances due to the fact that the Rappaport Addition was originally platted with relatively large lots for homeowners wanting more land than standard lots. Chairman Stulberg introduced Scott Hennessy of 12315 - 30th Avenue North. Mr. Hennessy voiced his opposition to the proposed Lot Division and Variances stating no hardship has been demonstrated by the petitioner. Mr. Hennessy said that he has heard at least four versions why Mr. Mahabadi wants the lot division consisting of Mr. Mahabadi's son is to live in the new home; profit from the sale of the lot would be used to recover the cost of soil corrections associated with building his present home; maintenance Planning Commission Minutes October 8, 1996 Page #231 on the existing house is too much; and, Mr. Mahabadi originally bought with the intention of building two houses on this lot. Mr. Hennessy stated that Mr. Mahabadi's home was custom built and the house could have been placed elsewhere on the lot. Mr. Hennessy stated that Mr. Mahabadi's actual residence is in Golden Valley, and that he only applied for homestead two weeks ago in Plymouth. Mr. Hennessy obtained 14 signatures from surrounding residents and presented a new petition because the previous petition he submitted was over a year old. Mr. Hennessy commented that Mr. Mahabdi chooses not to sod the side portion of his lot, and by not doing so, is creating the eyesore. Mr. Hennessy did not know how Mr. Mahabadi's building pad could be placed so close to a sewer line. Mr. Hennessy urged enforcement of the minimum lot size requirements, as Mr. Mahabadi created the hardship himself. Chairman Stulberg introduced Marjorie Larson of 12310 - 30th Avenue North. Ms. Larson stated that the petitioner is requesting a change solely for profit and variances from lot size standards should not be granted. Ms. Larson stated that her husband is 59 years old and maintains their lot, so Mr. Mahabadi at age 61 should be able to maintain his lot. Chairman Stulberg introduced Larry Stern of 3055 Magnolia Lane. Mr. Stern voiced his opposition as the subdivision was planned for large lots and it should not be changed for one person. Mr. Stern was concerned that the lot division and variance would have an adverse impact on surrounding property values. Mr. Stern stated that Mr. Mahabadi bought the lot intending to subdivide it for profit. Mr. Stern stated that the application does not meet the Variance Standards. Mr. Stern added that the neighbors have been opposed since they first heard of the request, but did not reply in writing to Mr. Mahabadi. Chairman Stulberg introduced Carolyn Weisenburger of 12300 - 30th Avenue North. Ms. Weisenburger stated that her house is under the average lot size at 17,000 square feet, but appears much larger due to the back yard backing up to French Park. She stated that Mr. Mahabadi asked for her help to gain neighborhood support for his application. According to Ms. Weisenburger, Mr. Mahabadi said if the neighbors were against the request, he would drop it. Once she found out from neighbors they were opposed, and relayed the information to Mr. Mahabadi, he got mad and said he would move or turn the side yard into a dump. Ms. Weisenburger stated that she has heard different versions of why Mr. Mahabadi applied for the lot division and variances and she doesn't know what to believe. She stated that since Mr. Mahabadi built his home near the corner of the lot, he probably knew all along that he wanted to subdivide the property, thus creating his own hardship. Ms. Weisenburger stated she would not like to see the open spacious feeling of the neighborhood compromised. Chairman Stulberg introduced Greg Willodson of 12325 -30th Avenue. Mr. Willodson stated that it is strange that Mr. Mahabadi built his house in the corner of his lot. Mr. Willodson did not think the neighbors should be subjected to looking at the weeds in Mr. Mahabadi's lot. Mr. Willodson stated that if the application is approved, the new home Planning Commission Minutes October 8, 1996 Page #232 would be built overlooking the Hennessy's property, which is wrong, since Mr. Hennessy was the first in the neighborhood. Chairman Stulberg closed the public hearing. Chairman Stulberg asked if a house could be built with the existing utilities. Planner Drill replied that, with special care and added requirements, it would be a possibility. Mr. Mahabadi stated that he did not lie and had no intention to profit from this. He stated that he has three sons, one got married and lives in the home in Golden Valley. Mr. Mahabadi stated that he told Mr. Wallant that they want to have another home built. Mr. Mahabadi stated that the new home would be comparable to the existing homes in the neighborhood. Mr. Mahabadi commented that his family would like to have friendship with the neighborhood whether the application is approved or denied. Chairman Stulberg stated that the Commission will not address any personal comments made by the applicant or the residents. Chairman Stulberg asked Mr. Yarosh to address the six Variance Standards. Mr. Yarosh replied that the major hardship is with maintenance of the property and the aesthetics of the lot. Chairman Stulberg commented that Mr. Yarosh stated previously that the Ordinance is the hardship and asked if the Ordinance was in place when Mr. Mahabadi purchased his lot. Mr. Yarosh replied that he didn't know. Planner Drill responded affirmatively. Commissioner Ribbe asked if the City required Mr. Mahabadi to build his existing home in that location. Mr. Hamid Azadegan, representing the petitioner, replied that the current position was the most cost effective to correct the soil conditions for Mr. Mahabadi's lot and the adjacent lot now owned by Mr. Wallant. Commissioner Thompson asked how this lot is differs from other lots. Mr. Azadegan stated that this lot has a different setback. The lake lots are narrower and the square footage and averages are misleading, as most don't have enough front footage to be subdivided. Mr. Mahabadi's lot has a huge frontage on 30th Avenue and would support two homes. He added that the lot would not devalue the neighborhood and would be comparable. MOTION by Commissioner Stoebner, seconded by Commissioner Ribbe recommending denial of the Lot Division and Variances for Ali Mahabadi for property located at 12305- 30th Avenue North due to the findings listed in the resolution. Commissioner Stoebner commented he recommended denial because the hardship of maintenance was self-created by buying a lot that size and four of the six Variance Standards have not been met. Commissioner Ribbe stated that the City did not create the hardship. Commissioner Thompson stated that at least three of the Variance Standards have not been met and the maintenance is not a hardship caused by the Ordinance. Planning Commission Minutes October 8, 1996 Page #233 Roll Call Vote. 5 Ayes. MOTION carried unanimously. (Commissioners Bildsoe and Spigner abstained.) B. ROGER ANDERSON ENGINEERING, INC. (96038) Chairman Stulberg introduced the request by Roger Anderson Engineering, Inc. for a Preliminary Plat to create four single family detached lots for one existing home and three new homes, and Rezoning from FRD (Future Restricted Development District) to R -IA Low Density Single Family Residential District) for property located at 1220 Ferndale Road. Planner Drill gave an overview of the October 1, 1996 staff report. Director Hurlburt commented that tree preservation pertains to significant trees of eight inches in diameter or larger. Chairman Stulberg introduced Roger Anderson, representing the owner Henry Lazniarz. Mr. Anderson stated that he has been working with the City for the past seven months, and the key element of the application is to preserve the driveway and the existing trees. The minimum lot size is substantially larger than 18,500 square feet minimum. Mr. Anderson stated that they concur with the conditions listed in the staff report. Mr. Anderson stated that they are working with the City Forester pertaining to existing trees along the entrance, and the most effective way to save trees. There is also a full row of trees along the north and south property lines that would be remain. Mr. Anderson said that they would like to slide the water main northerly, but would check with City staff to make sure they don't have any concerns with it. Director Hurlburt commented that it was discovered today that the development sign had just been placed on the site the previous day. She apologized for the error and stated that the Commission could act on the application now, but if they don't think there was adequate notice time, it could be contined. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Bill Ludwick of 18845 -12th Avenue North. Mr. Ludwick stated he is opposed to the rezoning as the applicant knew the zoning when he purchased the property. Mr. Ludwick stated that the request by the applicant has no benefit to the surrounding neighborhood. Chairman Stulberg introduced Gloria Lindberg of 1200 Ferndale Road North. Ms. Lindberg stated her opposition to the request for rezoning. She stated that the applicant knew the zoning when he purchased the property and intended to subdivide. Ms. Planning Commission Minutes October 8, 1996 Page #234 Lindberg asked why the property is zoned FRD. Ms. Lindberg stated her concern for standing water at 1220 Ferndale and south of the property. Since the corner of Ferndale Road and County Road 6 was filled, her basement now gets wet. She has put a lot of effort into correcting that, and does not want this proposal to affect drainage and runoff. Ms. Lindberg stated that there is sub-terranean water north of County Road 6 along the west side of Ferndale Road. Ms. Lindberg asked how the proposal would affect the water table and runoff. She also asked how the proposal would affect surrounding property values and the integrity of the neighborhood. Ms. Lindberg stated an Environmental Impact Study should be required. Chairman Stulberg introduced Andrew Fisher of 18925 -12th Avenue North. Mr. Fisher commented that there is standing water on the west side of the lot. He commented that he was concerned with the number of houses being proposed, as it would be too crowded with three additional homes. Chairman Stulberg introduced Carolyn Ackerberg of 18900 -12th Avenue North. Ms. Ackerberg stated her concern for the lack of time to respond to the proposal. She requested that the item be continued. She asked if the item is continued, would the public discussion be closed. She asked why the neighbors had not heard anything of the proposal before now, since the applicant has been discussing the issue with the City for the last seven months. Ms. Ackerberg asked why an engineering firm is the applicant. She also asked if the location of the houses remain the same as on the map shown and if the applicant is required to reserve the buffer of trees. Ms. Ackerberg commented that she didn't understand the six criteria for rezoning. She also stated that a map of the neighborhood has not been presented. Ms. Ackerberg was also concerned with standing water on the property. Chairman Stulberg introduced S. M. Ackerberg of 18900 - 12th Avenue North. Mr. Ackerberg stated he is opposed to the project because of density, and it would not be compatible with the rest of the neighborhood. He stated that he doesn't necessarily disagree with the concept, but three homes will overwhelm the existing neighborhood. He stated that most lots are one to two acres in size, and he could obtain lot sizes of adjacent lots if the item is tabled. Mr. Ackerberg stated there is a low spot on the property that would require fill, and asked where the water would flow, as he didn't think the lot can handle a heavy rainfall. Mr. Ackerberg commented that the feelings of surrounding neighbors should be considered. He stated that the applicant bought the property for the primary motivation of subdividing. The existing house is currently occupied by a renter. Mr. Ackerberg stated that there is no hardship to the applicant, and doesn't understand how someone can come in and apply for rezoning for financial gain without any apparent benefit to the remaining residents. Mr. Ackerberg stated that an Environmental Impact Study should be required and the item should be continued to the next meeting in order to make a fair decision. Planning Commission Minutes October 8, 1996 Page #235 Chairman Stulberg introduced Harriet Ludwick of 18845 -12th Avenue North. Ms. Ludwick stated that she has been a resident since 1972 and concurs with everything that was said previously by the residents. She asked how this application affects the adjacent property owners, if the application is approved. Ms. Lindberg asked if there is anything being proposed for the property at County Road 6 and Ferndale Road. Ms. Lindberg stated she is concerned with another driveway going on to Ferndale Road, as it is a very narrow road. MOTION by Commissioner Spigner, seconded by Commissioner Thompson to continue the public hearing to the October 22, 1996 Planning Commission Meeting. Commissioner Stoebner asked if the property owner notices were mailed. Planning Supervisor Senness replied that the development sign was not posted on the site until October 7, but the notice was mailed to all property owners on September 27. She stated that staff did verify with the post office that mail is still being delivered while 12th Avenue is under construction. Chairman Stulberg stated that the Commission could legally take action on the application if they so choose. Vote. 7 Ayes. MOTION carried unanimously. Chairman Stulberg explained that an owner can have anyone they choose to represent them. He stated that this application is completely different than the previous public hearing, as they are two different types of issues. This application does not need to meet Variance Standards. This issue is for a rezoning, and hardship is not a criteria. Planner Drill explained that state law dictates that the Comprehensive Land Use Plan be in compliance with the zoning. The guiding is LA -1, which allows two units per acre. Anyone who owns property that is guided LA -1 can come to request R -IA zoning if public services are available. No variances are being requested, so the variance criteria does not apply. FRD is a holding zoning and the proposed zoning for the property is in compliance with the Comprehensive Plan. Chairman Stulberg stated that the area has been LA -1 for a long period of time. The proper zoning by state law is R -IA, with a minimum lot size of 18,500 square feet. Planner Drill stated that all surrounding properties are zoned FRD or R- IA. FRD is a base zoning of all property and when developed, it needs to be rezoned to be compatible with the Comprehensive Plan. Director Hurlburt said some areas that are zoned FRD did not have public sewer and water, and are still zoned FRD. If an owner requested a zoning change, they would have to have to hook up to city sewer and water. City Engineer Faulkner stated that as more hard surface is created, it generates more runoff. He stated that no mass site grading will be done, and it does not appear that there would be substantial runoff southerly. Developers are not required to address sub- terranean issues when they apply for rezoning, but rather when the homes are built. Planning Commission Minutes October 8, 1996 Page #236 Chairman Stulberg asked City Engineer Faulkner to look into to see if there is a sub- terranean issue. Planner Drill stated that staff has not received any application for the property located at Ferndale Road and County Road 6. Director Hurlburt said there in only one wetland identified on the site. There may be standing water elsewhere that is not wetland according to state classification. City Engineer Faulkner stated that the application would add approximately 30 additional trips per day. He did not think there was a site distance problem with the driveway, but would check into it. Planner Drill said the homes could be constructed within the building pad sites. Planner Drill stated that the setbacks are 25 feet for front yard, 15 feet for side yard, and 25 feet for rear yard. Planner Drill commented that the City Forester has been actively involved to save more trees while meeting the minimum threshold. The driveway could be moved either north or south to increase tree preservation. Mr. Anderson stated that he would be happy to move the driveway to preserve more trees. Mr. Anderson said that a wetlands report was prepared and submitted to City staff. Their report indicated one wetland located in the northeast corner of the site that met the Wetland Conservation Act criteria. Mr. Anderson stated that soil borings were conducted, and produced nothing unusual, which means the site is suitable for construction of homes. He added that there is no indication of a water problem for this site. Director Hurlburt stated that this proposal is smaller than any threshold that would require the preparation of an Environment Impact Statement. She said that staff s recommendation would be that the project does not have the potential of any significant impacts. Chairman Stulberg stated that the proposed rezoning does not affect the neighborhood. Any property zoned FRD can be subdivided if there is enough land. Commissioner Thompson stated that approval seems to be automatic, since the rezoning is required by state law. Director Hurlburt replied that it should be automatic. Mr. Fisher asked if the owner would be assessed for four lots instead of one for the 12th Avenue street repairs. Mr. Henry Lazniarz, the owner, replied that he will be assessed for the three lots that have frontage on 12th Avenue. City Engineer Faulkner stated the owner is being assessed $44,465, which is equivalent to three lots. Planning Commission Minutes October 8, 1996 Page #237 Mr. Fisher asked if they are being assessed for water and sewer. City Engineer Faulkner replied that the owner is responsible for their own sewer and water. Director Hurlburt added that the owner is responsible for paying for water and sewer connections for all four lots. Ms. Ackerberg asked if the owner is required to preserve the buffer of trees along the north and south property lines. Planner Drill replied that the tree preservation plan shows removal of one significant tree along the south buffer line. The tree preservation applies to the property while it is being platted during the development stage. Once homes are built, the City cannot control what an individual landowners does. Ms. Ackerberg asked if there a caliper requirement. Planner Drill stated that a significant tree is considered eight inches or greater in diameter for deciduous trees and four inches or greater in diameter for coniferous. Ms. Ackerberg asked if it would be possible to get a copy of the soil test data. Mr. Anderson replied that the soil and wetland information was submitted with the application. He added that he would send a copy to anyone that wants one if they give him their name and address. Chairman Stulberg said the information is also available at City Hall. C. SINCLAIR OIL CORPORATION (96123) Chairman Stulberg introduced the request by Sinclair Oil Corporation for a Conditional Use Permit for outside storage of a 500 gallon waste oil tank to be located at the rear of the building for property located at 9605 - 36th Avenue North. Planning Intern DiVicino gave an overview of the October 1, 1996 staff report. Commissioner Berkowitz asked how the interstitial spaces would be monitored. Chairman Stulberg introduced Larry Feldsien, the petitioner. Mr. Feldsien stated that he concurs with the staff report. He stated that there are openings on the outside of the tank to physically measure. The 55 gallon drums are currently being emptied on a weekly basis. The proposed storage tank doesn't have to be emptied as frequently. Commissioner Berkowitz asked Mr. Feldsien if he would be receptive to berming. Mr. Feldsien replied negatively, because berming can lead to a build up of water and ice. Commissioner Thompson asked if there is protection from any cars running into it. Mr. Feldsien responded that there will be steel posts put in around the tank and a six foot high chain link fence with green plastic slats. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. Planning Commission Minutes October 8, 1996 Page #238 Commissioner Spigner asked if storage is allowed in a service area. Director Hurlburt replied affirmatively, if it is an accessory use. The application is not out of scale with the use of the business, and meets Zoning Ordinance requirements. Commissioner Spigner commented that she would like to see it more aesthetically appealing. Commissioner Thompson said that the above ground tank is much more appealing than the use of 55 gallon drums. Planning Intern DiVicino stated that the applicant is proposing a chain link fence with green slats. Commissioner Thompson commented that you wouldn't want landscaping for petroleum. Commissioner Berkowitz stated that the proposed screening is appropriate, but he would still like to see a fail safe. MOTION by Commissioner Thompson, seconded by Commissioner Stoebner recommending approval of the Conditional use Permit for Sinclair Oil Corporation for property located at 9605 - 36th Avenue North. MOTION TO Amend by Commissioner Berkowitz, seconded by Commissioner Spigner to require a concrete berm for up to 110% of the volume of the tank. Commissioner Thompson stated that they are not required to berm by state law, and would not have the authority to add a condition to the Conditional Use Permit. Commissioner Berkowitz stated that the berm would not be more than three inches. The tank complies with rules and regulations for above ground storage. Director Hurlburt stated that Condition #6 of the approving resolution ensures that the applicant complies with State standards. Commissioner Ribbe commented that the berm takes it a step in the wrong direction, as you would have ice build up which increases the danger. Commissioner Thompson concurred with Commissioner Ribbe. Commissioner Berkowitz stated that if Condition 6 incorporates that, then he retracts the MOTION, seconded by Commissioner Spigner. Roll Call Vote. 7 Ayes. MOTION carried unanimously. D. STEVEN PAPERMASTER (96124) Chairman Stulberg introduced the request by Steven Papermaster for a Variance to reduce the required side yard setback distance from 15 feet to three feet to allow construction of a 12 foot by 24 foot attached third -car garage stall addition for property located at 2730 Pineview Lane North. Planning Supervisor Senness gave an overview of the August 28, 1996 staff report. Chairman Stulberg introduced Mr. Papermaster, the applicant. Mr. Papermaster stated he concurred with the staff report. Chairman Stulberg opened and closed the public hearing as no one present to speak on the issue. Planning Commission Minutes October 8, 1996 Page #239 MOTION by Commissioner Ribbe, seconded by Commissioner Spigner recommending approval of a Variance for Steven Papermaster for property located at 2730 Pineview Lane North. Roll Call Vote. 7 Ayes. MOTION carried unanimously. Chairman Stulberg called a recess at 9:35 p.m. and reconvened the meeting at 9:46 p.m. E. GOLDRIDGE GROUP (96125) Chairman Stulberg introduced the request by Goldridge Group for a Site Plan, Conditional Use Permit, and Variances to allow construction of a new building southwest of Harbor Lane and north of Highway 55. The building would contain an 11,360 square foot daycare facility and 19,968 square feet for office use. Planner Drill gave an overview of the October 1, 1996 staff report. Chairman Stulberg introduced Brad Coats, the petitioner. Mr. Coats stated that he concurs with staff report except for the variance on the directional sign. He stated that he would be happy to have Goldridge Building on the sign, but would also like to have Tutor Time listed for directional purposes. Commissioner Signer asked if the petitioner had looked into using computers to work within the parameters of the Zoning Ordinance. Mr. Coats replied negatively. He stated that they could maybe get by with a Variance for six or eight feet instead of 12. Commissioner Spigner asked why the applicant doesn't just have Tutor Time on the directional signage, since Goldridge would be listed sufficiently on the building signage. Mr. Coats stated that you can't see the building from Harbor Lane and would need to have both listed on the directional signage. Commissioner Thompson stated that the request sounds like it is more for rationale purposes rather than meeting the Variance Standards. He stated that it does not meet conditions one, two, or three. Mr. Coats stated that they were not able to address a hardship, but when you have other people picking up your children at a day care, it would alleviate a hardship for giving directions. Chairman Stulberg asked if the applicant has spoken with Davanni's regarding an easement. Mr. Coats relied affirmatively. Commissioner Berkowitz asked how it would be received if the applicant had applied for two separate directional signs of four feet each. Planner Drill explained that they are only allowed one per site. By requesting two signs, the applicant would have to apply for two variances. Director Hurlburt stated that staff would be more supportive of one larger sign, rather than two signs on a site. Planning Supervisor Senness stated that the sign on the Planning Commission Minutes October 8, 1996 Page #240 Goldridge building would be more evident, and she would support just having Tutor Time listed on the directional sign. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Spigner, seconded by Commissioner Thompson recommending approval of a Site Plan, Conditional Use Permit, and Variances for Goldridge Group for property north of Highway 55 and southwest of Harbor Lane. Commissioner Ribbe commented that since the applicant is willing to compromise on the size of the sign, there should be a way to work out a compromise. The purpose of the sign would not only help clients, but alleviate potential congestion of cars on Harbor Lane. MOTION to Amend by Commissioner Ribbe, seconded by Commissioner Stoebner to add Condition #14 allowing a variance for a larger off-site directional sign. Commissioner Stoebner stated they are not requesting a huge sign, and denying the sign would be defeating the purpose that staff is rationalizing regarding traffic. He added that there is a hardship due to the configuration of the lot being tucked back in from the view from Harbor Lane. Chairman Stulberg said he would listen more to the Motion to Amend if there was a number of square feet attached to it. MOTION to Amend Condition #14 by Commissioner Stoebner, seconded by Commissioner Ribbe for the sign not to exceed nine square feet. Director Hurlburt stated that if the amendment is passed, it would have to include deleting Condition #4. Commissioner Thompson stated that the amendment would turn a directional sign into a tenant listing. He commented that the application does not meet items one, two and four of the Variance Standards. Commissioner Thompson said this application is similar to one that the Planning Commission approved, and the City Council later denied. Commissioner Berkowitz commented that the difference between the two is that this property does not have frontage along Harbor Lane. Roll Call Vote on Amendment to Amend Condition #14. 2 Ayes. MOTION failed on a 2-5 Vote. (Commissioners Bildsoe, Thompson, Berkowitz, Spigner and Chairman Stulberg voted nay.) Roll Call Vote on Amendment. 2 Ayes. MOTION failed on a 2-5 Vote. Commissioners Bildsoe, Thompson, Berkowitz, Spigner and Chairman Stulberg voted nay.) MOTION by Commissioner Berkowitz, seconded by Commissioner Stoebner to delete Condition #4 and replace it with approval of the variance. Planning Commission Minutes October 8, 1996 Page #241 Roll Call Vote. 3 Ayes. MOTION failed on a 3-4 Vote. (Commissioners Bildsoe, Thompson, Spigner and Chairman Stulberg voted nay.) Roll Call Vote on Main MOTION. 7 Ayes. MOTION approved unanimously. F. LITTLE FLOWERS MONTESSORI (96130) Chairman Stulberg introduced the request by Little Flowers Montessori School for a Variance to increase the front yard perimeter fence from three feet to five feet in height for childrens' safety for property located at 4155 Zachary Lane North. Planning Intern DiVicino gave an overview of the October 1, 1996 staff report. Chairman Stulberg introduced Anslem Goonetilleke, the petitioner. Mr. Goonetilleke stated that he concurs with the staff report. He said the reason they are requesting the Variance was at the request of the parents for their childrens' safety. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Bildsoe, seconded by Commissioner Stoebner recommending approval of a Variance for Preethy and Anslem Goonetilleke for Little Flowers Montessori located at 4155 Zachary Lane North. Roll Call Vote. 7 Ayes. MOTION carried on a unanimous vote. G. CARLSON REAL ESTATE COMPANY, INC. (96133 & 96134) Chairman Stulberg introduced the request by Carlson Real Estate Company, Inc. for Conditional Use Permits for limited retail sales by Allied Fireside, Inc. and Cal Spas of Minnesota in the Industrial District located at the northeast quadrant of I-494 and Carlson Parkway. Planner Drill gave an overview of the October 3, 1996 staff report. Chairman Stulberg asked what the definition of Limited Retail Sales is. Planner Drill replied that limited sales is generally accepted as a use with less than 50% of its floor area dedicated to sales. Director Hurlburt asked if the application was looked using the new Zoning Ordinance regulations. Planner Drill stated the new ordinance allows showrooms, so the uses won't become non -conforming in the future. Director Hurlburt commented that the draft code allows showrooms, so applicants might not have to go through the Planning Commission process in the future. Planning Commission Minutes October 8, 1996 Page #242 Chairman introduced John Mead, representing the petitioner. Mr. Mead stated that he concurs with the staff report. He stated that the businesses should be an excellent fit with the surrounding neighborhood. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. Commissioner Spigner asked if the applicant would have to apply for another Conditional Use Permit once the new Zoning Ordinance is adopted. Director Hurlburt replied that they would not have to apply again, it would still be effective. MOTION by Commissioner Spigner, seconded by Commissioner Berkowitz to recommend approval of a Conditional Use Permit for Carlson Real Estate to allow limited retail sales for Allied Fireside, Inc. located in the northeast quadrant of Carlson Parkway and I-494. Roll Call Vote. 7 Ayes. MOTION approved on a unanimous vote. MOTION by Commissioner Spigner, seconded by Commissioner Berkowitz to recommend approval of a Conditional Use Permit for Carlson Real Estate to allow limited retail sales for Cal Spas of Minnesota, Inc. located in the northeast quadrant of Calrson Parkway and I-494. Roll Call Vote. 7 Ayes. MOTION carried on a unanimous vote. Chairman Stulberg asked that as we go into the new zoning ordinance when we discuss limited retail sales, what does it mean. Does it mean you can hold sales every weekend and how do you monitor the retail sales. Director Hurlburt replied that the new Zoning Ordinance should address that, and staff will check it to make sure it does. H. CITY OF PLYMOUTH (96141) Chairman Stulberg introduced the request by the City of Plymouth for amendments to the text of the Land Use Guide Plan Element of the Plymouth Comprehensive Plan, and adoption of a new Land use Guide Plan Map as well as amendments to the text of the Air Transportation section of the Transportation Element of the Comprehensive Plan. Planning Supervisor Senness commented that many of the changes requested are to achieve consistency and are housekeeping in nature. The changes will need to be submitted to the Metropolitan Council, but will be done in conjunction with the land use changes and text changes. Changes include maintaining present classifications, but not specifying densities. No longer will have a one-to-one relationship between land use guiding and zoning classifications. Staff has included language for the Housing Plan. The current five commercial classifications are now collapsed down to three categories. There Planning Commission Minutes October 8, 1996 Page #243 is one industrial classification today and it will remain as one. The zoning text will have more classifications. Every parcel in the City will have a distinct classification. Schools and churches will be guided according to the surrounding land use. The property at Highway 55 west of Dunkirk was noted as CO and should be C. There were minor changes to the air transportation element to bring it in line with policy. The Council won't take action until the new zoning ordinance goes forward. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Chairman Stulberg, seconded by Commissioner Spigner recommending authorizing submission to the Metropolitan Council of Amendments to the Land Use Guide Plan Element and the Transportation Element of the Comprehensive Plan. Roll Call Vote. 6 Ayes. MOTION carried unanimously. (Commissioner Thompson abstained because of not being prepared due to a misunderstanding that the public hearing was being held at this meeting.) Commissioner Spigner asked how areas of Plymouth could be preserved for large lots such as the area near Ferndale Place and 12th Avenue. She stated that there is a necessity to maintain the feel of a suburban area. Director Hurlburt stated that there will be opportunities in Northwest Plymouth to preserve larger lots. She stated that the concept of a rural area holding zone is not a permanent designation. Chairman Stulberg commented that the vision of an LA -1 guiding is rezoning for R-lA single family residential. When Northwest Plymouth is looked at for LAR, you can look at keeping one acre lots. Director Hurlburt pointed out the areas on the proposed zoning map that are FRD and stated that some areas can be rezoned to R-lA. Some lots can't be subdivided because there is no frontage on roads or they have wetlands. Director Hurlburt stated at their next meeting, staff would prepare maps showing an overlay of wetlands. Commissioner Berkowitz commented that as long as utilities can be brought to a development, there is really nothing stopping the process. Director Hurlburt stated that small pieces have been approved, but they will have to take a long range look at Northwest Plymouth. Commissioner Berkowitz asked when the Metropolitan Council steps in to say we are going too far. Director Hurlburt replied that they step in only when we have an adverse affect on urban services. They will put timetables on regional facilities. Planning Commission Minutes October 8, 1996 Page #244 Commissioner Thompson asked what the Commission could expect with Elim Care's application. Planning Supervisor Senness replied that there are parts that would remain an industrial use. The wetland runs diagonally through the property and should buffer the industrial part, but the surrounding neighbors have not been pleased with any industrial proposal. Elim has tried to create a separation between residential and industrial. Commissioner Thompson asked if there are industrial buildings that are part of the plan. Planning Supervisor Senness replied that the Concept Plan indicates industrial building east of the large wetland. Director Hurlburt reminded the Commissioners that the public meetings on the draft Zoning Ordinance begin on October 9 and they are welcome to attend. There will be a public hearing on November 12 pertaining to the proposed Zoning Ordinance. She added the proposed Zoning Ordinance will not be resent to Commissioners, as it was included in their notebook. MOTION by Commissioner Thompson, seconded by Commissioner Bildsoe to adjourn. The meeting was adjourned at 10:59 p.m.