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HomeMy WebLinkAboutPlanning Commission Minutes 06-10-1997CITY OF PLYMOUTH PLANNING COMMISSION MINUTES JUNE 10, 1997 MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: 1. CALL TO ORDER: 2. PUBLIC FORUM: Chairman Michael Stulberg, Commissioners Allen Ribbe, Bob Stein, Roger Berkowitz, and Kim Koehnen Commissioners John Stoebner and Jeff Thompson Planning Supervisor Barbara Senness, Planner Kendra Lindahl, and Clerical Supervisor Denise Hutt 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: MOTION by Commissioner Ribbe, seconded by Commissioner Koehnen to approve the May 27, 1997 Planning Commission Minutes. Vote. 5 Ayes. MOTION approved on a unanimous vote. 5. CONSENT AGENDA: 6. PUBLIC HEARINGS: A. M. A. MORTENSON COMPANY (97049) Chairman Stulberg introduced the request by M. A. Mortenson Company for a Sign Variance for a 63 -square foot sign where the maximum allowed is 32 -square feet for Wayzata Senior High School and Elm Creek Playfields located at 4955 Peony Lane. Planner Lindahl gave an overview of the June 6, 1997 staff report. Planner Lindahl commented that the Engineering Department has requested that the sign be moved west increasing the setback to 30 feet, as there may be some visibility problems when cars are stacked up. Commissioner Ribbe asked if the sign will carry any advertising or only the lettering as indicated in the staff report. Planner Lindahl replied that the sign will be as indicated in the staff report. Planning Commission Minutes June 10, 1997 Page #128 Chairman Stulberg introduced Mike Swanson, representing the petitioner. Mr. Swanson agreed to the increased setback and commented that the sign is strictly for property identification purposes. Commissioner Koehnen stated that many schools are using signs to advertise school events, and wanted to know if approving this request would impede any future sign request. Chairman Stulberg replied that the applicant is already requesting a Variance, and if an additional sign is needed, they would have to come back to the Commission for approval. Planning Supervisor Senness commented that the Sign Ordinance is currently being revised. It is unsure as to what will be in the new ordinance, but any new sign will have to be approved. Mr. Swanson stated that they would not try to integrate an event sign with this sign. If another sign is needed, they would come back in the future to address the issue. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Ribbe, seconded by Commissioner Stein recommending approval of a Variance from maximum sign area for M. A. Mortenson Company for Wayzata High School and Elm Creek Playfields located at 4955 Peony Lane North. MOTION to Amend by Commissioner Koehnen, seconded by Commissioner Berkowitz recommending adding Condition #9 increasing the front setback to 30 feet. Roll Call Vote on MOTION to Amend. Vote. 5 Ayes. MOTION approved on a unanimous vote. Roll Call Vote on Main MOTION. Vote. 5 Ayes. MOTION approved on a unanimous vote. B. MT. OLIVET LUTHERAN CHURCH (97052) Chairman Stulberg introduced the request by Mt. Olivet Lutheran Church for a Site Plan Amendment for additional parking, Rezoning from FRD (Future Restricted Development) to PI (Public Institutional), Conditional use Permit for off-site parking, and Variances for setbacks for property located at 12235 Old Rockford Road. Planner Lindahl gave an overview of the June 6, 1997 staff report. Chairman Stulberg wanted to know what additional conditions would be required of the applicant since some spaces in the new parking lot would be over 300 feet from the main entrance to the church. Planner Lindahl replied that the applicant will provide a painted Planning Commission Minutes June 10, 1997 Page #129 crosswalk and signage indicating the crosswalk. The applicant will also be responsible for maintenance of the crosswalk and signage. Chairman Stulberg introduced Jeff Pflipsen of 5410 Underwood Lane, representing the petitioner. Mr. Pflipsen stated that the new curb cut they are requesting for the existing parking lot is for an "exit only", and most vehicles will be making right-hand turns onto Rockford Road from the parking lot. Mr. Pflipsen commented that he would be available to answer questions. Chairman Stulberg asked if that would be the only exit from the parking lot. Mr. Pflipsen replied negatively, as the current entrance will also serve as an exit. Chairman Stulberg introduced James Bjorgan of 12135 Old Rockford Road. Mr. Bjorgan stated that there are more than four homes next to the church. He commented that his home is located on the east side of the church and he has lived there for 35 years. Mr. Bjorgan stated that additional screening should be required along his property line, as the proposed parking lot is at a higher elevation and you can see directly into his home. Mr. Bjorgan stated that the current entrance could be widened to accommodate both incoming and outgoing traffic without a curb cut for an "exit only". Mr. Bjorgan stated that new exit only" would be too close to his property. He commented that the traffic is not just on Sundays, but rather all week since there is a Montessori school which operates at the church. Chairman Stulberg closed the public hearing. Planner Lindahl stated that Mr. Bjorgan's home is mentioned in the staff report and shown on the site plan. Planner Lindahl said that she spoke with Mr. Holden (representing the petitioner) before the meeting, and he agreed to continue the existing fence between the Bjorgan property and the church parking lot, but it would be difficult to add additional landscape screening. Planner Lindahl stated that the curb cut meets the ordinance standards and the Engineering Department reviewed the proposal, and felt it was appropriate. Mr. Pflipsen indicated on the site plan where the fence would be extended. He said that many hours were spent on the parking lot layout. Mr. Pflipsen stated that if traffic had to be directed back to the main entrance to exit, it would cause more of a traffic nuisance and hazard because of the stacking of cars. Chairman Stulberg commented that overall there are only four more parking stalls being created, and that it shouldn't create more of a problem than exists currently. Mr. Pflipsen commented that by having two exit points, it would help the egress out of the lot, and speed up the exiting. Planning Commission Minutes June 10, 1997 Page #130 Chairman Stulberg asked if there is any landscaping that can be done along the fence line. Mr. Pflipsen replied that at this stage, a fence would be the first step, and then they would be agreeable to look at the landscape situation. Commissioner Ribbe asked how much closer the new exit would be to Mr. Bjorgan's property. Mr. Pflipsen responded that the new curb cut begins approximately 50 feet from the property line. Mr. Bjorgan stated that he appreciates that the applicant is willing to extend the fence, but he still does not think the curb cut is fair, and he questioned how it may affect his property. MOTION by Chairman Stulberg, seconded by Commissioner Ribbe recommending approval of an Ordinance Amending Chapter 21 of the City Code to classify certain lands located north of Old Rockford Road, West of Larch Lane and East of Suburban Hennepin Regional Park as P -I (Public/Institutional). Roll Call Vote. 5 Ayes. MOTION approved on a unanimous vote. MOTION by Chairman Stulberg, seconded by Commissioner Ribbe recommending approval of the Findings of Fact for Rezoning for Mount Olivet Lutheran Church for property located north of Old Rockford Road, West of Larch Lane and East of Suburban Hennepin Regional Park as P -I (Public/Institutional). Roll Call Vote. 5 Ayes. MOTION approved on a unanimous vote. MOTION by Chairman Stulberg, seconded by Commissioner recommending approval of a Site Plan Amendment and Variance for Mount Olivet Lutheran Church for property located at 12235 Old Rockford Road. MOTION to Amend by Chairman Stulberg, seconded by Commissioner Ribbe adding a condition to the approving resolution requiring the applicant to continue the existing fence to the tree line. Roll Call Vote on MOTION to Amend. 5 Ayes. MOTION approved on a unanimous vote. MOTION to Amend by Commissioner Stein, seconded by Commissioner Ribbe adding a condition to the approving resolution requiring the applicant to add additional plantings. Commissioner Koehnen asked where the plants would be. Commissioner Stein replied that the plants would run parallel with the fence, if there is space, and feasibility would be determined by staff. Commissioner Berkowitz commented that the amendment seems vague. Planning Supervisor Senness said that staff can take a look at the situation before the item goes to City Council and can base the wording of the conditions on their findings. Planning Commission Minutes June 10, 1997 Page #131 Roll Call Vote on MOTION to Amend. 5 Ayes. MOTION approved on a unanimous vote. Commissioner Koehnen asked how the new curb cut will increase the traffic flow. Commissioner Ribbe commented that the concept was approved in the previous approvals. He said that they currently have congestion from cars trying to turn around and going in all directions. They need to get a flow going in a loop and that will speed up the exiting. If you try and do it out of one entrance, it will destroy additional parking spaces. Commissioner Berkowitz asked if the curb cut alone would require a Site Plan Amendment. Planning Supervisor replied that the curb cut would be minor enough that it could be administratively approved. She said that the curb cut is more of an engineering concern, but it does meet the ordinance standards. Commissioner Stein commented that he understands the concept of adding the exit, but in practice does not think it will work. He added that if it does work, it will help the neighbor, and if it doesn't, it won't make the situation any worse than it is currently. Roll Call Vote on Main MOTION. 5 Ayes. MOTION approved on a unanimous vote. MOTION by Chairman Stulberg, seconded by Commissioner Berkowitz recommending approval of a Conditional Use Permit and four Variances for Mount Olivet Lutheran Church for property located north of Old Rockford Road, West of Larch Lane and East of Suburban Hennepin Regional Park. Roll Call Vote. 5 Ayes. MOTION approved on a unanimous vote. C. DAVID BEARMAN (97062) Chairman Stulberg introduced the request by David Bearman for a Variance for a 10.5 foot side yard setback where 15 feet is required, and a Variance for an 18.75 foot front yard setback where 25 feet is required to build an addition to an existing garage and home at 3725 Wellington Lane North. Planner Lindahl gave an overview of the June 6, 1997 staff report. Commissioner Koehnen asked how the home occupation permit affects this request. Planner Lindahl replied that the applicants admit they operate a business out of their home, and they don't need a license if they meet ordinance standards. The applicants state that they do not use the garage for that purpose, so it meets the standards. Chairman Stulberg introduced Richard Bunin, attorney for the petitioner. Mr. Bunin stated that the Bearman's have lived in their home for 16 years. He stated that the Variances are tied together for the project. One of the purposes of the application is to create a new office/guest bedroom out of part of the garage. Mr. Bunin stated that the Planning Commission Minutes June 10, 1997 Page #132 hardship is created by a pie shaped lot, which doesn't allow for building except for the front of the lot. Mr. Bunin stated that the findings of approval of the Variance for the 10.5 foot side yard setback should carryover to approving the front yard setback Variance. The project needs both setbacks to work. Mr. Bunin stated that the hardship is caused by zoning laws pertaining to setbacks. The Variance will not be detrimental to the public welfare and it will not decrease visibility. He presented a picture depicting where the extension would be, and stated that it does not change the visibility. The street is not a through street, so it is not very busy. Mr. Bunin commented that the neighborhood is not tract housing, and they all are very different in character. The applicant is only talking about a four to six foot difference, and without both Variances they can't do the project. Chairman Stulberg introduced David Bearman, the petitioner. Mr. Bearman stated that the office/computer room/guest room is to be constructed in back of the garage. If the front yard variance is denied, they would have to cut this room off by four feet, which does not make the project feasible. Chairman Stulberg said that Mr. Bunin stated that the findings should apply to both the front and side yard setbacks, but #4 of the findings on the side yard setback is contrary, as it is staff's reason to deny. He asked if the zoning ordinance was in place when the applicant bought their home. Mr. Bunin replied affirmatively. Chairman Stulberg commented that the hardship is created by the lot, not the ordinance. Chairman Stulberg asked if the structure was moved forward, would it cause a different site line. Mr. Bunin replied that it causes a different site line, but does not affect the sight line to cause a public safety hazard. Chairman Stulberg opened the public hearing and introduced a letter dated June 4, 1997, from Michelle Brousseau of 3735 Wellington Lane. Chairman Stulberg introduced Michelle Brousseau of 3735 Wellington Lane. Ms. Brousseau stated that the applicants have been using their garage for their business for the last 10 years. There are numerous U.P.S. trucking coming and going, and employees working in the house. She stated that one of their employees was her mother. Ms. Brousseau stated that they do have a business partner, and the Bearman's are moving stuff out of the garage and warehousing it in St. Paul. Ms. Brousseau stated that the stake on the picture could have been put anywhere, but actual measurements tell the true picture. She stated that a U.P.S. truck on the driveway will impair the sight line. Ms. Brousseau stated that the applicant failed to mention, and to take into account their walkout level which includes two bedrooms and laundry room into the total square footage of their home. Ms. Brousseau commented that if the applicant moved their business out of the home, they would have room for their children. Ms. Brousseau stated that since she has been verbally against the proposal, the police were called and told lies about her. She stated that she was told by the fire inspector that a 15 -foot setback is required for fire exposure. She added that the Variance would change the character of the neighborhood and she would be happy to get a petition from the neighborhood. Planning Commission Minutes June 10, 1997 Page #133 Chairman Stulberg introduced Richard Pappin of 3640 Wellington Lane. Mr. Pappin stated that he is opposed to the Variance because it would change the character of the neighborhood. He stated that the house and garage would overwhelm the lot. Mr. Pappin stated that the photograph presented by the applicant does not show cars in the driveway, and snow build-up which would impact the sight distance. He asked if the garage addition is for expanding their business. He asked if by approving this, is the Commission changing residential area for commercial business. Mr. Pappin agreed with Ms. Brousseau that the applicant has vehicles parked on their driveways often, and there are numerous U.P.S. trucks to their home. Mr. Pappin stated that if the Variances are approved, it would cause vehicular and sight problems. Chairman Stulberg closed the public hearing. Chairman Stulberg explained that the Planning Commission can not respond to personal comments. He stated that any citizen group can submit a petition. The Commission looks at the Variance standards and criteria in which to make their motions. He commented that the Commission would not be changing residential to commercial by granting this Variance. Chairman Stulberg said if there is something going on with the home occupation, it is a separate issue. He commented that the applicant said their garage would not be used for their business. Mr. Bearman said the garage would not be used for additional storage related to the business. Commissioner Berkowitz asked if the new room could serve their purpose with four feet less. Mr. Bearman replied that it would not be a very usable room. Commissioner Stein asked if they had looked at all the alternatives. Mr. Bearman replied affirmatively, but stated that he is open to suggestions for compromise. Mr. Bunin stated that his clients have opened their home to City staff and they are not hiding anything. He commented that other neighbors have U.P.S. deliveries. He stated without a compromise or both Variances, the project won't work. Mr. Bunin said there is no real showing that it will affect the sight lines, and they are only talking about a small difference. Mr. Pappin pointed out on the photograph that if the garage is extended and a vehicle is parked in the driveway, it will impede the sight distance. Ms. Brousseau asked if a third -car garage is considered a hardship. She stated that there is only one home in neighborhood with a three car garage. By granting the Variance, it would infringe on her property value. Mr. Brousseau stated that when U.P.S. makes Planning Commission Minutes June 10, 1997 Page #134 deliveries for other neighbors, the truck stops in the street, and when they deliver to the Bearman's, they park in the driveway to unload. Mr. Bearman stated that the Commission should only be considering the Variance. They have one of the smallest houses in the neighborhood, with 1,325 square feet on the main floor and upper living area, not including the walkout lower level. Mr. Bearman said that they have as much right to park cars on their driveway as anyone else. Wellington Lane is not a through street and does not see a lot of traffic. MOTION by Commissioner Koehnen, seconded by Commissioner Berkowitz recommending approval of a Variance for a side yard setback and denying a Variance for a front yard setback for David and Cindy Bearman for a garage addition at 3725 Wellington Lane North. Commissioner Ribbe stated that if the Commission approves the motion, they are denying part of the request by the applicant. Commissioner Koehnen commented that the applicant admitted that he is willing to hear any ideas or compromise. Commissioner Berkowitz concurred with Commissioner Koehnen. He stated that if they were looking at a 25 -foot front yard setback, it would be easier to digest and blend into the neighborhood. Chairman Stulberg stated that there are findings of fact for denial of the front yard setback. The Commission could table the motion and action to see if they can redesign within the 25 -foot setback. Commissioner Stein stated that he believes there are options to get within the 25 -foot setback. He stated that the applicant has benefited from ordinance change on setbacks from 35 feet to 25 feet. Planning Supervisor Senness commented that there is sufficient time to allow tabling the application. Chairman Stulberg asked if the applicant would rather see it go forward as is now, or table to allow redesign. Mr. Bearman replied that tabling it wouldn't do any good, as they have already considered other designs. Roll Call Vote. 4 Ayes. MOTION approved on a 4-1 Vote. (Commissioner Ribbe voted Nay.) 8. NEW BUSINESS A. REQUEST FROM CITY COUNCIL TO APPOINT MEMBER TO TRANSITIONS" SUBCOMMITTE. Planning Supervisor Senness gave an overview of the May 29, 1997 staff report. Commissioner Berkowitz asked if they had any indication on timing and duration of the committee. Commissioner Koehnen replied that she heard they would have four to five Planning Commission Minutes June 10, 1997 Page #135 meetings. Commissioner Ribbe volunteered to represent the Planning Commission on the committee. He commented that this is an important issue that should be dealt with before planning Northwest Plymouth. B. SPECIAL MEETING TO REVIEW RESULTS OF MAY 15 PUBLIC FORUM ON NORTHWEST PLYMOUTH PLANNING Chairman Stulberg requested that a reminder be sent to Commissioners about the July 1 meeting and that the information packet be sent out at least one week in advance. C. APPOINT MEMBER(S) TO PARK AND RECREATION ADVISORY COMMITTEE FOR BALANCE OF YEAR Commissioner Berkowitz volunteered to serve on the board for the remainder of the year. Commissioner Berkowitz stated that he may have a conflict with the June 24 Planning Commission Meeting. Commissioner Ribbe suggested that the easier items be placed on the agenda first. MOTION by Commissioner Ribbe, seconded by Commissioner Berkowitz to adjourn. Vote. 5 Ayes. The meeting was adjourned at 9:18 p.m.