HomeMy WebLinkAboutPlanning Commission Minutes 03-25-1997CITY OF PLYMOUTH
PLANNING COMMISSION MINUTES
MARCH 25, 1997
MEMBERS PRESENT: Chairman Mike Stulberg, Commissioners John Stoebner,
Jeffrey Thompson (arrived at 7:03 p.m.), Allen Ribbe, Bob
Stein, and Kim Koehnen
MEMBERS ABSENT: Commissioner Roger Berkowitz
STAFF PRESENT: Community Development Director Anne Hurlburt, Planning
Supervisor Barb Senness, Planners Shawn Drill, Kendra
Lindahl, and John Rask, Public Works Director Fred
Moore, City Engineer Dan Faulkner, and Clerical
Supervisor Denise Hutt
1. CALL TO ORDER:
2. PUBLIC FORUM:
3. APPROVAL OF AGENDA:
4. APPROVAL OF MINUTES:
Chairman Stulberg requested that an additional sentence be added to Page #60, Paragraph
4 stating that "Chairman Stulberg explained that he made the motion for approval
because he did not want a negative motion put on the table." MOTION by Commissioner
Koehnen, seconded Commissioner Stoebner to approve the March 11, 1997 Planning
Commission Minutes as amended. Vote. 3 Ayes. (Commissioners Ribbe and Stein
abstained).
5. CONSENT AGENDA:
A. HENNEPIN COUNTY PROPERTY SERVICES (97020)
MOTION by Commissioner Ribbe, seconded by Commissioner Koehnen recommending
approval of a Site Plan Amendment for Hennepin County for the Driving Range Facility
located at the Adult Correctional Facility, 1145 Shenandoah Lane North. Vote. 6 Ayes.
MOTION carried on a unanimous vote.
6. PUBLIC HEARINGS:
A. CITY OF PLYMOUTH (96106)
Planning Commission Minutes
March 25, 1997
Page #66
Chairman Stulberg introduced the request by the City of Plymouth for a Comprehensive
Plan Amendment to the City Water Supply Plan.
Public Works Director Moore gave an overview of the March 20, 1997 staff report.
Commissioner Thompson asked what the adjustable rate on usage is based on. Director
Moore explained that they use a mean average of a typical single family household's
usage. Commissioner Thompson commented that he has been in a city where they used
that structure, and it doesn't make sense.
Commissioner Stein questioned if the 10 percent unaccounted water use is normal.
Director Moore replied that it is not abnormal. He added that the water flushing could
account for five percent.
Chairman Stulberg opened and closed the public hearing as there was no one present to
speak on the issue.
MOTION by Commissioner Thompson, seconded by Commissioner Stoebner
recommending approval of the Comprehensive Plan Amendment for the City of Plymouth
for adoption of the Conservation and Emergency Management Plan. Roll Call Vote. 6
Ayes. MOTION carried on a unanimous vote.
B. CITY OF PLYMOUTH (97017)
Chairman Stulberg introduced the request by the City of Plymouth for Rezoning of five
commercial lots from C-1 (Convenience Commercial District) to C-2 (Neighborhood
Commercial District) for 11520, 11530, 11540, 11550, and 11610 County Road 10.
Planner Lindahl gave an overview of the March 19, 1997 staff report.
Commissioner Thompson asked if staff is recommending approval because the Zoning
Map must be consistent with the Land Use Guide Plan. He asked if the current use is non-
conforming. Planner Lindahl explained that when the City revised the Zoning Ordinance
and Map in 1996, the City rezoned each parcel to the new district that most closely
paralleled the existing district and limited non -conformities. Under the current C-1
Convenience Commercial) zoning, the existing liquor store and restaurant are non-
conforming uses. The C-2 (Neighborhood Commercial) zoning district is a better fit for
this site, as it more closely parallels the previous B-2 zoning district. It should have been
rezoned to C-2 last December as it was the closest designation to the previous B-2 zoning
district.
Chairman Stulberg opened the public hearing.
Planning Commission Minutes
March 25, 1997
Page #67
Chairman Stulberg introduced Dwight Tschetter of 15815 Sunset Road. Mr. Tschetter
stated that he has made an offer to purchase the property. He commented that zoning the
property as C-1 was an error, and that the C-2 zoning is more appropriate for the current
uses.
Chairman Stulberg closed the public hearing.
MOTION by Commissioner Ribbe, seconded by Commissioner Koehnen recommending
approval of an Ordinance amending Chapter 21 of the City Code to classify certain lands
located north of Bass Lake Road, west of Zachary Lane and east of Hemlock Lane from
C-1 (Convenience Commercial) to C-2 (Neighborhood Commercial) and the Findings of
Fact for Rezoning of five commercial lots located north of Bass Lake Road and West of
Zachary Lane. Roll Call Vote. 6 Ayes. MOTION carried on a unanimous vote.
C. CITY OF PLYMOUTH (97018)
Chairman Stulberg introduced the request by the City of Plymouth for Rezoning of 12
residential lots from P -I (Public/Institutional District) to RSF-2 (Single Family Detached
Dwelling District 2) for property located south of
23rd Avenue, north of West Medicine
Lake Park, and west of Medicine Lake Drive West.
Planner Lindahl gave an overview of the March 19, 1997 staff report.
Chairman Stulberg asked how these parcels were missed. Director Hurlburt explained
that several things were used, including the GIS (Geographical Information System) when
staff prepared the new zoning map. Typically, anything south of
23rd Avenue shows as a
park, and these parcels were picked up as such. Staff did not check every individual
parcel when the new zoning map was prepared. Director Hurlburt stated that there may
be other minor errors that staff have not caught, but they will be brought forward as they
are discovered. This particular situation was raised by one of the residents that was going
to improve their property and called to check on the zoning.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Steve Chase of 11901 -
23rd Avenue North. Mr. Chase
asked if the City is going to make the alley a usable road or has any intention of turning it
over to the residents to maintain. As it is, there are four homes that are affected by the
alley, and do not have appropriate access to their garages. He stated that he would like
the City to abandon the alley so the residents can get to their garages.
Chairman Stulberg introduced Roger Meyerhofr of 11825 -23rd Avenue. Mr. Meyerhofr
asked if the city had wanted to own these properties at one time. He stated that he wants
to make repairs to his property, but is limited as to what he can do.
Planning Commission Minutes
March 25, 1997
Page #68
Chairman Stulberg closed the public hearing.
City Engineer Faulkner stated the city has no plans of doing anything with the alley at this
time. The residents would need to make a formal, written request to vacate it, then the
city would consider it. He stated that he has seen a request previously, but has no formal
position on it at this time. Director Hurlburt commented that the vacation of the alley
would be a separate action from the rezoning. Director Hurlburt stated that the
boundaries of the park on the Comprehensive Plan have always been larger, and if the
parcels were to become tax delinquent, the city would probably accept them. She said
that prior to the new zoning ordinance, there wasn't a district for parks. She indicated
that the city does not have any plans at this time to purchase the lots in question.
MOTION by Commissioner Koehnen, seconded by Commissioner Thompson
recommending approval of an Ordinance amending Chapter 21 of the City Code to
classify certain lands located north of West Medicine Lake Park, west of Medicine Lake
Drive, and south of 23rd Avenue North from P -I (Public/Institutional) to RSF-2 (Single
Family Detached 2) and the Findings of Fact for Rezoning of 12 residential lots located
north of West Medicine Lake Park, south of 23rd Avenue and west of Medicine Lake
Drive North. Roll Call Vote. 6 Ayes. MOTION approved unanimously.
D. JANCO, INC. (96150)
Chairman Stulberg introduced the request by Janco, Inc. for a Land Use Guide Plan
Amendment, Rezoning, Conditional Use Permit, Variances and Preliminary Plat for 19
single family detached homes and 46 multi -family homes known as Conor Meadows, Plat
Two, for property located northeast of Peony Lane and the Soo Line Railroad.
Planner Drill began his overview of the March 18, 1997 staff report. City Engineer
Faulkner gave an overview and history of Schmidt Lake Road. Chairman Stulberg asked
how the residents south of County Road 9 would gain access to the north. City Engineer
Faulkner indicated that they would go up new Holly Lane and then back to the east to an
intersection. Director Hurlburt asked what would cause Holly Lane to be changed from
its current alignment. City Engineer Faulkner replied that an expansion of Hollydale Golf
Course could cause the change. The single family residence south of the golf course
would be affected, but they have been included in discussions of the realignment of Holly
Lane. Commissioner Koehnen asked if there are any changes proposed to the railroad
line. City Engineer Faulkner replied negatively, as it is a main railroad line. Commissioner
Stein wanted to know if the section of Schmidt Lake Road, east of Holly Lane would be
built now. City Engineer Faulkner replied that it is not scheduled for construction yet, and
is not currently listed in the five year Capital Improvement Program. He added that it is
unlikely that it will be completed until the determination is made as to what will happen in
northwest Plymouth until right-of-way is dedicated. Planner Drill continued with the
overview of the March 18, 1997 staff report. Commissioner Thompson asked what the
bump is in the a -shape on the plat. Planner Drill replied that it is additional right-of-way.
Planning Commission Minutes
March 25, 1997
Page #69
Commissioner Ribbe asked if the City has any responsibility or authority over the private
entrances if they are approved. Planner Drill responded negatively, and added that they
would be maintained by the homeowner's association.
Commissioner Ribbe asked if this proposal makes it necessary for the relocation of Holly
Lane. Planner Drill replied that this proposal allows for that to happen. It would be
stubbed to allow for future expansion. Director Hurlburt commented that this proposal
doesn't require Holly Lane to be realigned, but it does allow for it to happen. Existing
Holly Lane would remain to the east of the tracks, and placed so that it could be the new
crossing if the City decided to do that in the future.
Commissioner Thompson asked about the feasibility of continuing the fence for the entire
length of the project. Planner Drill replied that there may be some opportunities to include
a fence further east. Commissioner Stoebner asked if safety and access had been
addressed with regard to the private drives. Planner Drill responded that it was addressed
by the Fire Inspector through the Development Review Committee (DRC) process.
Commissioner Koehnen asked what the reason is for the fence. Planning Supervisor
Senness replied that it is primarily for screening. The developer proposed the fence, which
was not required. Commissioner Thompson asked if staff sees any potential safety
problems with multi -family homes in close proximity to the railroad tracks. Planning
Supervisor Senness stated that the intent of the setback is to achieve a reasonable distance
for safety issues. Director Hurlburt added that it is impossible to completely fence a
railroad track.
Chairman Stulberg introduced Tom Graham, the petitioner. Mr. Graham introduced Mike
Gair, representing the petitioner.
Mr. Gair gave an overview of the plan for Schmidt Lake Road. Mr. Gair stated that Holly
Lane will remain in its current alignment until property is vacated and the proper
alignment can be made through Conor Meadows Two. Conor Meadows Two is a
continuation east from Conor Meadows. Mr. Gair explained that the outlot is for
potential townhomes that will be held until the looping of roads can be continued. Mr.
Gair commented that Mr. Graham concurs with the staff report and related conditions.
Commissioner Thompson asked about the feasibility of continuing the fence. Mr. Gair
explained that there is a dramatic drop off point, but stated that Mr. Graham would be
willing to consider additional fencing if the Commission deems it appropriate. He added
that the evergreen trees are a landmark for Mr. Graham's developments and serve as a
very nice buffer. The evergreens would be 10 feet tall and placed 15 feet on center along
both the northern and southern edges of the project.
Chairman Stulberg opened the public hearing.
Planning Commission Minutes
March 25, 1997
Page #70
Chairman Stulberg introduced Lisa Gustafson of 5185 Holly Lane. Ms. Gustafson stated
that she is against the proposal due to the extreme high density and the noise and traffic
that the project will bring to the area. She stated that low income housing will reduce
their property values. She stated that it appears that the townhomes will have access to
their easement and their private road. She stated that they would like a barrier to prevent
them from using the dirt road. Ms. Gustafson commented that they want to maintain their
direct access to County Road 9. They want to continue to have a bus turn around, and if
the mailboxes have to be relocated, they don't want it at their expense. She stated that her
biggest concern is that they will be subjected to noise, exhaust and light pollution and a
diminution of property values because of the change in route.
Chairman Stulberg introduced Tom Quanbeck of 5155 Holly Lane North. Mr. Quanbeck
stated that he is concerned with the density. He asked if the development would be built
as proposed. He suggested that the City should consider something more than 500 feet
for property notices. He asked what other means are available to residents to find out
about upcoming projects.
Chairman Stulberg introduced Roger Schmidt of 4835 Holly Lane North. Mr. Schmidt
stated that he concerned about safety, and asked if it is necessary to have another railroad
crossing.
Chairman Stulberg introduced Harry Wickman of 4935 Holly Lane North. Mr. Wickman
stated his concern about additional traffic on Holly Lane and the railroad crossing with the
new high school in close proximity.
Chairman Stulberg closed the public hearing.
Pertaining to the easement, City Engineer Faulkner stated that the easement would remain
status quo pertaining to the bus turn around and the mail drop. He commented that the
city will need to look at providing access. Residents in Conor Meadows Two would not
have a right to use the road. Planner Drill pointed out the present Holly Lane and the
configuration of the proposed townhomes. He stated that the townhomes in the outlot
wouldn't be built until Holly Lane is realigned. Mr. Gair stated that the grading of the
entire property would be done at one time. He added that there could be some control
built into the homeowner's association pertaining to access and berming. Director
Hurlburt asked if there is an easement on the outlot. Mr. Gair replied affirmatively.
Director Hurlburt suggested that unless the easement is vacated, the townhomes can't be
built. Mr. Gair replied affirmatively. Commissioner Thompson asked if the applicant
would be black -topping the area. Mr. Gair replied not until the easement is vacated.
Planner Drill stated that the application includes rezoning and plat approval. If the
applicant decided at some point not to pursue the plat, the property would remain RMF -2.
If someone else wants to build, they would have to reapply for a plat.
Planning Commission Minutes
March 25, 1997
Page #71
Pertaining to property notices, Director Hurlburt stated that up until three years ago,
notices were sent to property owners within 350 feet, now it is 500 feet. The City
publishes notices in the official city newspaper and places a development sign on the
property for those that are not within 500 feet. Director Hurlburt stated that the
notification system will be looked at in the near future, and if anyone has suggestions on
an appropriate distance, they should contact staff. She stated that the city will begin
publishing agendas on the web site.
City Engineer Faulkner stated that if Holly Lane was to be relocated, he would anticipate
crossing gates at the new Holly Lane to improve safety. He stated that there is no
intention to close existing crossings. City Engineer Faulkner said that staff needs to look
into preventing access to the private road.
Ms. Gustafson commented that the Holly Lane alignment on the plat is incorrect. Director
Hurlburt stated that it would be appropriate to add a condition to make sure that there is
no direct access from the proposed plat onto the private road.
Commissioner Ribbe commented that the crossing signals would have to be approved by
the railroad. City Engineer Faulkner commented that it would have to be a cooperative
effort with the railroad, and it is likely that the city would have to pay the majority of the
cost. He added that there are federal funds available for safety improvements. Chairman
Stulberg stated that a lot will hinge on the development of northwest Plymouth. Director
Hurlburt stated that staff will be looking at the transportation plan next year. At that time,
one of the issues will be if Holly Lane will need to continue north of Schmidt Lake Road.
That decision is not being made with this development, but it does give that alternative.
Commissioner Stein stated that traffic leaving the high school would not normally go east
on Schmidt Lake Road since it is not being constructed east of Holly Lane. City Engineer
Faulkner stated that Schmidt Lake Road will be constructed to 100 feet east of Holly
Lane.
MOTION by Commissioner Thompson, seconded by Commissioner Stoebner
recommending approval of a Land Use Guide Plan Amendment for Janco, Inc. for
property located north of the Soo Line Railway and east of Peony Lane and the Rezoning
and the Findings of Fact for Rezoning of land located north of the Soo Line Railway and
east of Peony Lane from FRD (Future Restricted Development) to RMF -2 (Multiple
Family 2). Roll Call Vote. 6 Ayes. MOTION carried on a unanimous vote.
MOTION by Chairman Stulberg, seconded by Commissioner Thompson recommending
approval of a Preliminary Plat for Janco, Inc. for property located north of the Soo Line
Railway and east of Peony Lane.
Planning Commission Minutes
March 25, 1997
Page #72
MOTION to Amend by Commissioner Thompson, seconded by Commissioner Koehnen
to add new condition prohibiting access from the plat onto the Holly Lane easement. Roll
Call Vote on MOTION to Amend. 6 Ayes. MOTION approved on a unanimous vote.
MOTION to Amend by Commissioner Thompson, seconded by Commissioner Ribbe to
add a condition requiring continuation of the fencing along the southern edge of the
project.
Commissioner Ribbe commented that with the homes so close to railroad, the city should
require whatever they can to ensure the safety of children. Commissioner Thompson
stated that the request is not an indication to criticize the proposal, as the developer has
done a good job, but rather an additional safety measure. Mr. Graham indicated that he is
willing to go along with the concept and asked if a cyclone fence weaved through the
southern edge would be appropriate. Director Hurlburt asked how tall would the fence
be. Mr. Graham replied six feet. Commissioners concurred with Mr. Graham's
suggestion.
Roll Call Vote on MOTION to Amend. 6 Ayes. MOTION carried on a unanimous
vote.
Roll Call Vote on Main MOTION. 6 Ayes. MOTION carried on a unanimous vote.
MOTION by Chairman Stulberg, seconded by Commissioner Thompson recommending
approval of a Conditional Use Permit and Variances for Janco, Inc. for property located
north of the Soo Line Railway and east of Peony Lane. Roll Call Vote. 6 Ayes.
MOTION carried on a unanimous vote.
Chairman Stulberg called a recess at 8:44 p.m. and reconvened the meeting at 9:00 p.m.
E. HOYT PROPERTIES, INC. (97003)
Chairman Stulberg introduced the request by Hoyt Properties, Inc. for a Comprehensive
Plan Amendment, Rezoning, Planned Unit Development General Plan, and Preliminary
Plat to allow construction of five office/industrial buildings totaling 213,943 square feet on
five lots for property located at the northwest quadrant of Interstate 494 and Schmidt
Lake Road.
Planner Rask gave an overview of the March 19, 1997 staff report. He noted an error in
the Preliminary Plat and PUD General Plan resolution and that item #10h. should be
deleted.
Commissioner Thompson questioned if the proposal includes a variance, since reference
was made to it only once on the first page of the staff report. Planner Rask stated that the
requirement to have frontage on a public street is in the Subdivison Ordinance, and that is
Planning Commission Minutes
March 25, 1997
Page #73
why the applicant wanted to go with a PUD. Internal setbacks, shared driveways and
parking, and street frontage requirements could not be achieved under the current zoning.
He stated that the city is allowed more flexibility under the PUD with respect to protection
of sensitive natural features. Commissioner Thompson asked if the application is a
variance. Director Hurlburt replied that it is intertwined as part of the PUD. This is an
example of an outdated Subdivision Ordinance and the relationship with the new Zoning
Ordinance.
Chairman Stulberg introduced Gary Lally, the petitioner. My Lally presented a colored
site plan. He stated that they are trying to be sensitive to the residents on the south side of
Schmidt Lake Road and TURK, Inc. You can drive all around the buildings and not see a
loading dock. The buildings will be all brick except for rear loading dock areas.
Chairman Stulberg opened the public hearing.
Chairman Stulberg introduced Kristine Erickson of 4815 Cheshire Lane North. Ms.
Erickson stated that she lives in the Savannah development and was told that it was zoned
light industrial that would consist of businesses that would operate during the day only.
She asked who the potential tenants would be. She wanted to know if there is a plan for
an interchange on Interstate 494 and Schmidt Lake Road and questioned the traffic
patterns to this project. She voiced her appreciation for the proposed landscaping.
Mr. Lally and Planner Rask talked about possible tenants/businesses that would be
allowed with this proposal. Planner Rask stated that the uses would be similar to the I-1
Light Industrial) district.
Planner Rask stated that the interchange for Interstate 494 and Schmidt Lake Road is not
listed in the Capital Improvement Plan for the next five years.
Director Hurlburt commented that the area could be similar to the PDQ center located at
County Road 9 and Interstate 494, which is an example of C-2 zoning.
Commissioner Thompson asked if a newspaper distribution center, similar to the one
currently at the Plymouth Ponds center, would be allowed. Director Hurlburt replied the
definition is "over 50,000 square feet", and it would be allowed on existing Lot 3 if it was
less than that in size.
MOTION by Commissioner Thompson, seconded by Commissioner Stoebner
recommending approval of a Land Use Guide Plan Amendment, Ordinance Amending
Chapter 21 of the City Code to classify certain lands, and the Findings of Fact for
Rezoning from I-1 (Light Industrial), I-2 (General Industrial) and C-2 (Neighborhood
Commercial) to PUD (Planned Unit Development) for Hoyt Properties, Inc. for property
located north of Schmidt Lake Road and west of I-494. Roll Call Vote. 6 Ayes.
MOTION carried on a unanimous vote.
Planning Commission Minutes
March 25, 1997
Page #74
MOTION by Commissioner Thompson, seconded by Commissioner Koehnen
recommending approval of a Preliminary Plat and Planned Unit Development General
Plan, as amended by deleting item #10h for Hoyt Properties, Inc. for property located
north of Schmidt Lake Road and west of I-494. Roll Call Vote. 6 Ayes. MOTION
carried on a unanimous vote.
F. SIDNEY BRENNAN (97004)
Chairman Stulberg introduced the request by Sidney Brennan for a Preliminary Plat and
Final Plat to replat Lot 11, Block 6, Sunny Acres
2nd
Addition, and Outlot B, Sunny Acres
3rd Addition for the creation of two lots, and a Variance from the minimum lot size
standards. The purpose of the request is to construct a single family dwelling on the
newly created lot for property located at 17105
24th
Avenue North, east of Holly Lane.
Planner Lindahl gave an overview of the March 20, 1997 staff report.
Commissioner Thompson questioned if it was true that an applicant does not have to meet
all of the variance criteria in order to be approved. Planner Lindahl replied affirmatively.
Chairman Stulberg introduced Sidney Brennan of 17105 -24th Avenue, the petitioner.
Mr. Brennan stated that he has owned the property since 1969, and his intent is to exercise
his right to subdivide his lot. He asked if there is any developer that doesn't wish to
benefit monetarily He stated that his lot is unique because of the outlot and believes that
he has met each of the variance standards. Mr. Brennan stated that he can stipulate
covenants on the value of the house to be built. Mr. Brennan stated that when he
purchased the outlot, he knew that the lots in Fazendin were smaller than the minimum
standards. He stated that Mr. Leppla had wanted to purchase a portion of his lot for his
driveway. Director Hurlburt asked for clarification of how long he has owned the
property. Mr. Brennan replied that the property has been in joint ownership with his
parents since 1969, and he purchased the outlot in 1995.
Chairman Stulberg opened the public hearing.
Chairman Stulberg indicated that the city received letters from Alan Wendler of 17205-
23rd Avenue North dated March 16, 1997, Susan & Craig Rohlf of 17335 23rd Avenue
North dated March 18, 1997, Jay Leppla of 2200 Holly Lane dated March 19, 1997, and
Mary Norris of 2240 Holly Lane North dated March 19, 1997, all in opposition to the
proposal. Chairman Stulberg also introduced letters from Mervin & Geraldine Winston of
2205 Holly Lane dated March 23, 1997, John Haurykiewicz of 17210 24th Avenue North
dated March 24, 1997, Gloria & Hal Biermann of 17225 24th Avenue North, dated March
21, 1997, Doug & Marilynn Grant of 17005 24th Avenue North dated March 25, 1997,
Betty Bacon of 2410 Holly Lane dated March 25, 1997, Anthony Schumacher of 17110
Planning Commission Minutes
March 25, 1997
Page #75
24th Avenue North dated March 20, 1997, and a petition signed by 22 people opposing the
proposal.
Chairman Stulberg introduced Jay Leppla of 2200 Holly Lane. Mr. Leppla stated that he
represents a group of homeowners from Willow Bend, and Sunny Acres 2 and 3rd
Additions. Mr. Leppa stated that Outlots A and B are privately owned. Outlot A is
owned by the Willow Bend Association and is maintained by them. These outlots were
designed by an agreement in which the Brennan family was a major participant in the early
1970s. According to city records, the outlots were established because they were too
small to build on in comparison to the surrounding lots. Mr. Leppla stated that even
though the proposal meets the minimum setback requirements, it would not match the
minimums existing on the other corner lots or of the direct neighborhood. The maximum
house size which could be placed on Outlot B would not match or reflect the
neighborhood. This construction would also set a precedent and allow additional homes
to be constructed on Outlot A which has more buildable land. Mr. Leppla stated that Mr.
Brennan was a strong advocate of keeping the lot the way it was. He stated that Mr.
Brennan has known all along the problems, restrictions and limitations regarding Outlot B
before he purchased it. He said that Mr. Brennan is currently in the process of building a
house in Orono and would be selling his current house.
Chairman Stulberg introduced Bev Coyne of 17230 -24th Avenue North. Ms. Coyne ceded
to Mr. Leppla.
Chairman Stulberg introduced Fred Coyne of 17230 -24th Avenue North. Mr. Coyne
ceded to Mr. Leppla.
Chairman Stulberg introduced William Davis of 17205 -
24th Avenue North. Mr. Davis
stated that he was involved with Sidney Brennan Sr., regarding the property and making
sure that the outlots were not built on. Mr. Davis stated that the proposal does not
conform with the surrounding properties. If this variance is granted, the Willow Bend
Association could then request a variance for their outlot.
Chairman Stulberg introduced Sharrie Flaig of 2415 Holly Lane. Ms. Flaig ceded to Mr.
Leppla.
Chairman Stulberg introduced Cal Flaig of 2415 Holly Lane. Mr. Flaig ceded to Mr.
Leppla.
Chairman introduced Chris Garin of 17215 -23rd Avenue North. Mr. Garin ceded to Mr.
Leppla.
Chairman Stulberg introduced Kari Miller of 2215 Holly Lane North. Ms. Miller ceded to
Mr. Leppla.
Planning Commission Minutes
March 25, 1997
Page #76
Chairman Stulberg introduced B. J. Miller of 2215 Holly Lane North. Mr. Miller stated
that all seven of the variance criteria must be met, and the applicant only has met one of
them. He stated that the applicant knew when he purchased the outlot, he was aware of
the restrictions. Mr. Miller said that the easement and potential drainage to the south
could devalue the property. Mr. Miller commented that the applicant has not
demonstrated a hardship.
Chairman Stulberg introduced Mary Norris of 2240 Holly Lane North. Ms. Norris ceded
to Mr. Leppla.
Chairman Stulberg introduced John Norris of 2240 Holly Lane North. Mr. Norris ceded
to Mr. Leppla.
Chairman Stulberg introduced Anthony Shumacher of 17110 -24th Avenue North. Mr.
Shumacher ceded to Mr. Leppla.
Chairman Stulberg introduced Mervin Winston of 2205 Holly Lane. Mr. Winston stated
that the proposal is also an issue of safety. The outlot has served as a bus stop for the
children and has provided good visibility of the children.
Chairman Stulberg closed the public hearing.
Chairman Stulberg stated what someone does, where they live or where they are going to
live, is not taken into account by the Commission or City Council. Chairman Stulberg
didn't believe he was being deceived by Mr. Brennan. Director Hurlburt just cleared up a
question of how long he has owned the outlot.
Pertaining to safety issues, sight lines, and the school bus stop, Planner Lindahl
commented that the outlot is privately owned and the front yard setbacks apply on Holly
Lane and County Road 24 which gives clear visibility. Chairman Stulberg noted that since
the outlot is privately owned, the children could be restricted from waiting for the bus.
Commissioner Ribbe commented that the opposition seems to be the anticipation of what
is going to be built, and that the applicant indicated the willingness to place a covenant on
what can be built. Chairman Stulberg stated that it is not appropriate to discuss what
exactly would be built, only if variance standards are met, or not.
MOTION by Commissioner Thompson, seconded by Commissioner Stoebner
recommending denial of a Preliminary Plat and Variance for Sidney Brennan for property
located at the southeast quadrant of Holly Lane and 24th Avenue North.
Commissioner Thompson stated that it is not relevant where the applicant is going to live,
only whether the hardship was self created. The variance standards are clear, and the
Planning Commission Minutes
March 25, 1997
Page #77
applicant has not shown an undue hardship. There is no indication of uniqueness that
would support the variance. The purpose of the request is to increase the value.
Chairman Stulberg commented that the hardship is caused by the applicant and that is the
overriding factor. Commissioner Koehnen concurred. Commissioner Stein stated that if
this request was approved, it may create a precedent for other lots.
Roll Call Vote. 6 Ayes. MOTION carried on a unanimous vote.
G. TOBIN REAL ESTATE (97013)
Chairman Stulberg introduced the request by Tobin Real Estate for a Planned Unit
Development General Plan Amendment and Interim Use Permit to construct an 80,000
square foot medical building to the existing West Health complex located at 2855 Campus
Drive.
Planner Drill gave an overview of the March 19, 1997 staff report.
Chairman Stulberg introduced Tom Sexton, the petitioner.
Mr. Sexton stated that he concurs with the staff report.
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 a Planned Unit Development General Plan Amendment and
Interim Use Permit for Tobin Real Estate Company for property lcoated at the northeast
corner of Highway 55 and Interstate 494. Roll Call Vote. 6 Ayes. MOTION carried on
a unanimous vote.
H. HOMESTEAD VILLAGE, INC. (97016)
Chairman Stulberg introduced the request by Homestead Village, Inc. for an Ordinance
amending the O -R (Office Residential) Zoning District to allow extended stay hotels.
Planner Rask gave an overview of the March 19, 1997 staff report.
Commissioner Koehnen asked if the definition limits someone from staying less that one
week. Planner Rask replied that the definition is based on state statute and the difference
between an extended hotel and a hotel is the cooking facilities. Director Hurlburt said that
it should not prohibit someone from renting for five days, but the definition is needed to
clarify the intent.
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March 25, 1997
Page #78
Chairman Stulberg introduced Paul Crabtree, the petitioner.
Mr. Crabtree stated that he concurs with the staff report, but would like to get a better
definition, so that it does not prohibit them from renting on a three or four day basis to
companies that may be having a business conference. He explained that with an extended
hotel, they do not advertise a daily rate.
A discussion ensued between the Commissioners and staff as to whether the definition
would prohibit the applicant from renting rooms for less than one week. The intent is to
advertise a weekly rate, but the city can't prohibit them from quoting rates less than a
week. It would be too hard for the city to police advertising and quoting of prices. A
Conditional Use Permit can be revoked if it is abused.
Director Hurlburt suggested that the definition could be changed to "A building or
structure intended as...". Mr. Crabtree said that wording would be acceptable to him.
Chairman Stulberg stated that he would be willing to approve it as is, but before going to
City Council, staff and the applicant could work on the wording. Commisioner Thompson
asked if language could be added that says no less than three consecutive nights. Planning
Supervisor Senness replied that a week is where an extended stay hotel is focused on.
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 Ribbe recommending
approval of an Amendment to Chapter 21 of the Plymouth City Code (Definitions and
Office/Residential Transition Zoning District) including the change in the wording of the
definition to include the word "intended", and to have staff check with the city attorney
and work with the applicant on more appropriate or clearer language and the Findings of
Fact for Amending Section 21005 and 21450 of the Plymouth City Code.
Commissioner Thompson stated his preference for tabling the application until such time
that the city attorney and staff can work on more appropriate wording and bring it back to
the Commission.
MOTION by Commissioner Thompson to table the application. MOTION failed due to
a lack of a second.
Roll Call Vote. 5 Ayes. MOTION approved on a 5-1 vote. (Commissioner Thompson
voted nay.)
7. OTHER BUSINESS
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March 25, 1997
Page #79
Commissioner Koehnen thanked the city for sending her to the planning commission
seminar. Commissioner Stein concurred.
Commissioner Thompson stated his concern with the approval of the Homestead Village,
Inc. application as the motion was too broad to tackle it. Director Hurlburt replied that if
there are substantial changes, it would be brought back to the Planning Commission to
approve on an informal basis.
MOTION by Commissioner Koehnen, seconded by Chairman Stulberg to adjourn. Vote.
6 Ayes. MOTION was approved on a unanimous vote.
The meeting was adjourned at 10:48 p.m.