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HomeMy WebLinkAboutPlanning Commission Minutes 07-08-1997CITY OF PLYMOUTH PLANNING COMMISSION MINUTES JULY 8, 1997 MEMBERS PRESENT: Chairman Michael Stulberg, Commissioners Allen Ribbe, Bob Stein, John Stoebner, Roger Berkowitz, Jeff Thompson, and Kim Koehnen MEMBERS ABSENT: None. STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Supervisor Barbara Senness, Planners Kendra Lindahl, Shawn Drill, and John Rask, Housing Supervisor Ed Goldsmith, Police Sergeant Joel Franz, Public Safety Education Specialist Sara Cwayna, City Engineer Dan Faulkner, and Clerical Supervisor Denise Hutt 1. CALL TO ORDER: 2. PUBLIC FORUM: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: MOTION by Commissioner Koehnen, seconded by Commissioner Stein to approve the June 10, 1997 Planning Commission Minutes, as amended. Vote. 7 Ayes. MOTION carried unanimously. MOTION by Commissioner Koehnen, seconded by Commissioner Stein to approve the June 24, 1997 Planning Commission Minutes. Vote. 7 Ayes. MOTION carried unanimously. 5. CONSENT AGENDA: A. PLYMOUTH APOSTOLIC LUTHERAN CHURCH (97068) MOTION by Commissioner Ribbe, seconded by Commissioner Thompson recommending approval of a Site Plan Amendment for Plymouth Apostolic Lutheran Church for property located at 11015 Old County Road 15. Vote. 7 Ayes. MOTION carried unanimously. B. BUHLER, INC. (97090) Planning Commission Minutes July 8, 1997 Page #151 MOTION by Commissioner Ribbe, seconded by Commissioner Thompson recommending approval of a Site Plan Amendment for Buhler, Inc. for a building and parking expansion at 1100 Xenium Lane North. Vote. 7 Ayes. MOTION carried unanimously. 6. PUBLIC HEARINGS: A. AMERICAN PORTABLE TELECOM (97045) Chairman Stulberg introduced the request by American Portable Telecom for a Conditional Use Permit and Site Plan Amendment to locate a 130 -foot wireless communication tower with two sets of antennas on the site of Endurance Transmission, 3 515 Highway 169 North. Planner Rask gave an overview of the July 2, 1997 staff report. Commissioner Thompson asked if it is necessary to grant a 130 -foot tower. Planner Rask replied that U.S. West could get by with a tower at a lower height, but because of the co - location requirement, APT is requesting a higher tower to allow co -location with other providers. Commissioner Stein stated he didn't understand why the New Hope water tower wouldn't work. Planner Rask responded that the applicant would have to respond to that issue. Chairman Stulberg introduced Michelle Johnson, of American Portable Telecom (APT), the petitioner. Ms. Johnson stated that APT has developed a history of trying to co -locate with other providers. She explained that U.S. West could go with a 75 -foot tower, but APT needs a 130 -foot tower for adequate coverage. She stated that the New Hope water tower site is not adequate to fill out their coverage pattern. Ms. Johnson provided a map depicting the coverage and capacity analysis demonstrating that the proposed site is needed to maintain coverage in this portion of the City. Ms. Johnson indicated that at the time they submitted their application to the City, they could not apply for the New Hope water tower site, but since that time, they are now allowed to do so. They are already in an agreement with U.S. West for co -location at this site, and the New Hope site would not work for U.S. West. Commissioner Stoebner asked if APT controls this site. Ms. Johnson replied affirmatively. Chairman Stulberg introduced David VanLandschoot, representing U. S. West. Mr. VanLandschoot explained that the technology is different for each provider. If U.S. West was not able to co -locate with APT at this site, they would have to put up a tower higher than 75 feet to allow co -location with another provider as required by the city ordinance. Mr. VanLandschoot stated that either U.S. West or APT could develop this site, but U.S. West has to be in this vicinity. Mr. VanLandschoot presented coverage and capacity Planning Commission Minutes July 8, 1997 Page #152 analysis maps for each site in question, demonstrating that the proposed site in Plymouth provides better coverage than the New Hope water tower site. Chairman Stulberg opened and closed the public hearing as there was no one present to speak on the issue. Commissioner Berkowitz asked if another provider, other than U.S. West, is going to need a Conditional Use Permit to exceed the 75 -foot height limit. Planner Rask replied that all new towers need to be constructed to accommodate a comparable provider. He commented that a 75 -foot tower is about as low as a provider could go to get adequate coverage. Planner Rask stated that if U.S. West came in alone with an application, staff would recommend that they construct a tower to accommodate co -location on the site. Planner Rask commented that the main question is do you build shorter towers and have more of them, or construct taller towers and have less of them. MOTION by Commissioner Koehnen, seconded by Commissioner Thompson recommending approval of a Conditional Use Permit and Site Plan Amendment to allow installation of a 130 -foot monopole tower and related ground equipment for wireless communication services at 3515 North Highway 169. Roll Call Vote. 7 Ayes. MOTION carried on a unanimous vote. B. CALIBER DEVELOPMENT (97055) Chairman Stulberg introduced the request by Caliber Development for a Preliminary Plat, PUD General Plan for a 51,000 square foot office, and Conditional Use Permit to allow up to 85 percent office use for Parkers Lake Business Center 9th Addition located at the northwest quadrant of Polaris Lane North and 23rd Avenue North. Planner Lindahl gave an overview of the July 3, 1997 staff report. Chairman Stulberg asked if staff had a drawing done depicting what a 10 -foot berm would look like. Planner Lindahl replied negatively, but indicated the berm would be about the height of the fence. Chairman Stulberg continued the public hearing. Chairman Stulberg introduced Roberta Hooyman of 2240 Ranchview Lane North #73. Ms. Hooyman stated that she is not opposed to commercial, as she has always known that the site is zoned for commercial uses, but the current proposal is not the best available option to the residents. Ms. Hooyman stated that the application should be denied, as it would diminish property values, and subject residents to unnecessary noise and fumes. Ms. Hooyman commented that the main issue of objection is the loading docks. The number of parking spaces is also a concern. She stated when Twincorp was approved there were no surrounding homeowners to complain about the loading docks. Ms. Planning Commission Minutes July 8, 1997 Page #153 Hooyman said she also has a problem with the trash enclosure that is proposed to face the residential area. Ms. Hooyman voiced her disappointment with the developer in asking the residents for an easement over a portion of the Pintail Villas site, but did not give them any details or specifics on the request. Chairman Stulberg introduced Steve Harmel of 2240 Ranchview Lane #84. Mr. Harmel stated that if the Planning Commission does approve the request, that they should consider continuing the existing Twincorp berm across the entire length of this property. He commented that if the developer wants to grade on the Pintail Villas side, it should be an equitable arrangement of berm and landscaping to the homeowners satisfaction, as well as the developer. Chairman Stulberg closed the public hearing. MOTION by Commissioner Thompson, seconded by Commissioner Koehnen recommending denial of a Preliminary Plat, PUD General Plan Amendment and Conditional Use Permit for Caliber Development Corporation for property located at the northwest quadrant of Polaris Lane North and 23rd Avenue North. Roll Call Vote. 7 Ayes. MOTION approved unanimously. C. LANDMARK DESIGN AND BUILD, INC. (97065) Chairman Stulberg introduced the request by Landmark Design and Build Inc. for a Conditional Use Permit for a rear yard setback encroachment to allow enclosure of a deck for property located at 11310 36th Place North. Planner Drill gave an overview of the July 1, 1997 staff report. Planner Drill indicated that he did receive a phone call from the resident to the north of this site, with a concern for potential damage to the proposed structure caused by falling branches or trees. Chairman Stulberg introduced Paul Fitzgerald, the petitioner. Mr. Fitzgerald commented that any construction will be going straight up, and that here is no reason to disturb any trees or shrubs. Chairman Stulberg noted that the resident was cautioning that falling branches could cause damage to the proposed structure. Commissioner Koehnen asked if this proposal had been approved by the homeowner's association. Mr. Fitzgerald replied affirmatively. 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 Stoebner recommending approval of a Conditional Use Permit for Landmark Design and Build, Inc. for property located at 11310 36th Place North. Roll Call Vote. 7 Ayes. MOTION approved on a unanimous vote. Planning Commission Minutes July 8, 1997 Page #154 D. DAVID BEARMAN (97088) Chairman Stulberg introduced the request by David Bearman for a Variance for a 10 -foot side yard setback where 15 feet is required, and a Variance for a 22.75 -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 27, 1997 staff report. Chairman Stulberg summarized that the difference between this application and the previous one is that the applicant is requesting one-half foot more on the side yard and four-feett less on the front yard setback. Planner Lindahl concurred. Commissioner Berkowitz asked if this application for the front yard setback could have gone through the administrative approval process. Planner Lindahl replied affirmatively, but added that notices are sent out, and if any of the surrounding residents oppose the application, it would then require a public hearing through the Planning Commission, and then on to the City Council for consideration. Chairman Stulberg introduced David Bearman, the applicant. Mr. Bearman stated that their home is relatively small (1,325 square feet on the upper two floors). The lower level of the home contains a bedroom, computer room, and family room. Mr. Bearman stated that the pie -shaped lot causes a hardship. They have taken their plans and examined each alternative thoroughly, and feel that they have come up with the best feasible compromise. Mr. Bearman said he does not believe that it will decrease traffic visibility. There is limited traffic flow in the neighborhood. He presented pictures of his home and the neighborhood, and indicated 27 inches as measured out on a piece of string. He stated that this Variance would not cause his home to be out of character for the neighborhood, as each house is unique. Mr. Bearman commented that the third stall garage could be moved back on the lot, but it would cause a 9.5 side yard setback, which staff indicated they wouldn't recommend approval of. Commissioner Ribbe asked Mr. Bearman if moving the third stall garage back is acceptable. Mr. Bearman replied that there would still be a small portion of the front that would not be within the 25 -foot setback. He added that he would be willing to move the third stall back, if the Commission granted it. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Michelle Brousseau of 3735 Wellington Lane North. Ms. Brousseau stated that the applicants are running a commercial distribution business out of their garage. She stated her concern that if the application is approved, the business will also increase, and put the neighborhood's safety in jeopardy. Ms. Brousseau said that if Planning Commission Minutes July 8, 1997 Page #155 approved, U.P.S. trucks would overhang into the street and create a traffic hazard. Ms. Brousseau presented pictures depicting her view from the side yard; this view would be diminished if the application is approved. She commented that the street has heavy traffic from Armstrong. Ms. Brousseau said the applicant is violating the Home Occupation Permit and urged the Commission to investigate. Chairman Stulberg introduced Stacy Monson of 10805 38th Avenue North. Ms. Munson stated that there is a lot of traffic on the street from the high school. She said that she is concerned that by granting the Variance, it will decrease visibility. Chairman Stulberg introduced Richard Pappin of 3640 Wellington Lane North. Mr. Pappin concurred with the staff's recommendation to deny the front yard Variance. He asked if the Planning Commission denies the request, will the City Council do the same. Chairman Stulberg replied that the City Council does not always agree with the Planning Commission or staff's recommendation. Mr. Pappin stated that he is opposed because of traffic reasons. He said that the garage is full of boxes from floor to ceiling, and the Bearmans park their cars in the driveway. Chairman Stulberg introduced Barbara Sayble of 3745 Wellington Lane North. Ms. Sayble presented a petition with 42 signatures from the neighborhood opposing the Variance request. Ms. Sayble stated her concern with trucks coming and going from the Bearman's causing a traffic hazard. She indicated that there is a bus stop near the applicant's home which causes a dangerous situation with the U.P.S. trucks coming and going. Chairman Stulberg closed the public hearing. Chairman Stulberg stated that the violations are alleged concerning the Home Occupation Permit, and the Planning Commission can not address that issue. He said that staff has inspected the residence and did not find any violation. Mr. Bearman stated that he takes offense with being called a liar. He commented that the trees on the Brousseau property already block her view from the side window. He said that he has come up with a fair compromise. MOTION by Commissioner Thompson, seconded by Commissioner Ribbe recommending approval of a side yard setback for David and Cindy Bearman for a garage addition at 3725 Wellington lane North. Commissioner Thompson said that the Variance is appropriate per staff's comments. Commissioner Berkowitz concurred. Roll Call Vote. 7 Ayes. MOTION approved unanimously. Planning Commission Minutes July 8, 1997 Page #156 MOTION by Commissioner Thompson, seconded by Commissioner Berkowitz recommending approval of a Variance for a front yard setback for David and Cindy Bearman for a garage addition at 3725 Wellington Lane North. Commissioner Thompson stated that all seven criteria have been met. The pie shape lot is creating the problem, and it is unique to this parcel of land. The request is not based on increasing the property value. He believes that the hardship is caused by the Zoning Ordinance. The Variance will not be injurious to others and it won't increase hazards. The undue hardship to the applicant is not being able to expand. Commissioner Thompson said if the applicant is violating the Home Occupation Permit, it should be brought up with the appropriate City staff. Commissioner Berkowitz concurred with Commissioner Thompson. Commissioner Koehnen stated that not all standards have been satisfied. The garage would be out of character for the neighborhood and there is a concern about safety and traffic. She stated that Conditions #5 and #6, as well as others mentioned by staff have not been met. Commissioner Ribbe concurred with Commissioner Thompson, adding that 27 inches does not create a significant safety hazard. Commissioner Stein concurred with Commissioner Ribbe. Commissioner Thompson commented that if there are traffic violations, the issue should be brought up with the appropriate City personnel. Roll Call Vote. 6 Ayes. MOTION approved on a 6-1 Vote. (Commissioner Koehnen voted Nay.) Planner Lindahl stated that the 22.75 feet may not be the correct number according to the building division. Chairman Stulberg stated that if the number is different than 22.75, and the applicant can not work within that perimeter, they would have to come back to the Planning Commission. Commissioner Stoebner stated his concern regarding the Home Occupation Permit, and commented that the City should revisit the issue of the applicant's permit. Director Hurlburt replied that staff will look at the issue again. Chairman Stulberg called a recess at 8:48 p.m. and reconvened the meeting at 9:01 p.m. E. PETER ANDREA COMPANY (97047) Planning Commission Minutes July 8, 1997 Page #157 Chairman Stulberg introduced a request by Peter Andrea Company for a Planned Unit Development General Plan Amendment for a 64 -unit apartment building for property located at the northwest corner of Shenandoah Lane and 22"d Avenue. Planning Supervisor Senness gave an overview of the July 3, 1997 staff report. Commissioner Ribbe asked if this proposal would be compatible, as far as sewer capacity, with the new proposal for the site at 22"d Avenue and Vicksburg Lane. Planning Supervisor Senness replied affirmatively. Commissioner Thompson stated that their discretion for approval is limited to the Criteria for Project Review. Planning Supervisor Senness stated that staff has analyzed the application based on the adopted plans and goals of the City. Director Hurlburt noted if something was violating the plan, it would be a reason to deny the application. She added that the Planning Commission did hold a hearing and recommend approval of the Housing Plan. Commissioner Koehnen asked how previous rulings should affect this application. Chairman Stulberg explained that main reason for denying the 1993 application was because of the use of a private road system. He added that the only reason that the proposed application is in front of the Commission is because they are asking for a decrease in units. If the proposed units were between 105 and 141, the application would not be heard by the Planning Commission. Director Hurlburt commented that the application would still require a Site Plan Amendment. Commissioner Berkowitz asked for a summary of points that the Planning Commission is to consider with the proposed application. Planning Supervisor Senness stated that the application should be consistent with the Comprehensive Plan, Housing Plan, Sewer Plan, Land Use Guide Plan, and architectural character. Commissioner Stein asked why the applicant is proposing 64 units, when the Housing and Redevelopment Authority (HRA) recommended that the minimum density of 105 units be maintained. Chairman Stulberg introduced Jim Deanovic, the petitioner. Mr. Deanovic stated that he has been meeting with representatives from the various Parkers Lake homeowner's associations for the last five months. He stated that their original intent was for two buildings with a total of 120 units. They changed their proposal to one building and 64 units as an outcome of those meetings. Mr. Deanovic stated that their goal is to have a project that is in keeping with the character of Parkers Lake, and to provide and maintain a healthy environment. Mr. Deanovic stated that the he concurred with the staff report. Planning Commission Minutes July 8, 1997 Page #158 Commissioner Koehnen asked if the swimming pool is still included in the amenities. Mr. Deanovic replied negatively, and added that they may split the proposed basketball court into two smaller courts, and move them further away from the building. Commissioner Ribbe asked when the project would be complete. Mr. Deanovic replied sometime next summer. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Wil Young of 2165-F Shenandoah Court. Mr. Young had already left the meeting. Chairman Stulberg introduced George Walker of 3000 Walnut Grove. Mr. Walker stated that he is in favor of affordable housing and the proposal. Chairman Stulberg introduced John Sloofman of 2185-B Shenandoah Court. Mr. Sloofman stated that he wants the project to look nice, fit into the area architecturally, and be well managed so property values don't decline. He commended the developer for listening to the residents' concerns, and is pleased with the new plan. Mr. Sloofman stated he would like to see the trees and nature maintained as much as possible. Chairman Stulberg introduced Geri Scherer of 19000 31st Place North. Ms. Scherer stated that she is in favor of affordable housing and the proposed project. Chairman Stulberg introduced Kay Suerkerson of 35 Nathan Lane. Ms. Suerkerson stated that there is a need for more affordable housing in Plymouth. Chairman Stulberg introduced Ron Seeman of 2255 Ranchview Lane North #22. Mr. Seeman asked to see the building elevations from the street view and the proposed berms and landscaping. Mr. Seeman stated that it is essential that the project have good management. He said that the number of subsidized units were not reduced when the units were reduced, and thought they should have been proportionately. Chairman Stulberg introduced Bob Rice of 1510 Terraceview Lane. Mr. Rice wanted to know if this proposal, and the recently proposed 52 -unit complex fit within the sewer capacitiy. Chairman Stulberg introduced Kevin O'Connor of 18206 24th Avenue North. Mr. O'Connor stated his support for the proposal. He commended the developer for meeting the needs of the City for more affordable housing. He stated that he is a Plymouth employer and it is important for his employees to have affordable housing to allow them to live and work in the City. Planning Commission Minutes July 8, 1997 Page #159 Chairman Stulberg introduced Marjie McFarland of 3015 Urbandale Lane. Ms. McFarland stated her support for the proposal, and that it is important for the City to have more affordable housing. Chairman Stulberg introduced Kathy Lund of 105 Forestview Lane (St. Mary of the Lake Church). Ms. Lund commented that she is in favor of the Livable Communities Act and the proposal for this site. Chairman Stulberg introduced Millie Kerston of 15610 Gleason Lake Drive. Ms. Kerston stated that she is pleased that Plymouth is providing more affordable housing. Chairman Stulberg introduced LaDonna Hoy of Interfaith Outreach and Community Partners. Ms. Hoy commented that the lack of affordable housing causes critical situations for the clients they deal with. She applauded the City for adding more affordable housing. She stated that the proposal is needed to increase the affordable housing stock. Chairman Stulberg introduced David Crain of 13200 38th Avenue North (HRA Chairman). Mr. Crain commented that this area was specifically intended to be higher density. He stated that the City needs affordable housing, and housing for the people that work in Plymouth. Mr. Crain encouraged the Commission to do what they can to achieve the goals of the Housing Plan, and continue to support higher density in those cases where it is appropriate, and stated that this site is appropriate for high density. Chairman Stulberg introduced Steve Bohl of 420 Upland Lane North. Mr. Bohl stated that he is enthusiastic to see the support of affordable housing and commended the developer for working with the residents to address their concerns. Chairman Stulberg introduced Carol Bergenstal of 500 Alvarado Lane. Ms. Bergenstal stated her appreciation for the City supporting affordable housing, and stated her support the proposal. Chairman Stulberg introduced Bill Albertson of 125 Wayzata Boulevard (Pastor for Wayzata Community Church). Pastor Albertson stated that he was proud to see the community responding with hope and solutions. He stated his support for the City's stand on affordable housing. He commented that he is confident that the City will respond in an effective manner to any fear of subsidized housing problems. Chairman Stulberg introduced Roberta Hooyman of 2240 Ranchview Lane North #73. Ms. Hooyman stated her ambivalence with the proposal, but commented that she was glad the City is supporting affordable housing. Ms. Hooyman stated she would like to see more market rate units in Parkers Lake. She commented that if approved, there needs to be careful management to ensure the development stays good for the community. She was concerned with how the proposed development may affect property values, and cited Planning Commission Minutes July 8, 1997 Page #160 that Lakeview Commons had 133 police calls in contrast to Parkers Lake Apartments' 12 calls for the same time period. Chairman Stulberg introduced Kerry Drake of 2255 Ranchview Lane North #20. Ms. Drake stated her opposition to the proposal because it would negatively impact property values. She stated that she supports affordable housing, but does not want it across from her. She stated that this site is not appropriate for the proposal. Chairman Stulberg introduced Cathy Iverson of 2020-C Shenandoah Lane. Ms. Iverson stated that the noise level and lighting for the play area need to be considered. She asked if the lights would be on timers. Chairman Stulberg introduced Karen Monson of 2040-A Shenandoah Court. Ms. Monson commented that she supported Lakeview Commons, but is concerned about a concentration of affordable housing in Parkers Lake. She stated that affordable housing needs to spread throughout the City. Chairman Stulberg introduced Kris Aaker of 2255 Ranchview Lane #21. Ms. Aaker stated that she is in favor of affordable housing, but it needs to be evenly distributed throughout the City, and even in higher priced neighborhoods. She stated her concern with proper management of the building. Chairman Stulberg introduced Jill Widseth of 1830-C Terraceview Lane. Ms. Widseth stated her opposition to the proposal because of safety issues, as a lot of the residents are single women. Chairman Stulberg closed the public hearing. HRA Supervisor Goldsmith presented a map depicting where rental units are located in Plymouth. He stated that he is confident that the building will be well managed and supervised. He stated that the issue of 84 units was a minimum threshold allowed by the Minnesota Housing Finance Agency for financing a project. The HRA discussed that if a project were to go forward, they would be willing to support a proposal that went no lower than the 84 units. Planning Supervisor Senness stated that this development, and the proposal for the site at Vicksburg Lane and 22" d Avenue are within the sewer capacity. Sergeant Joel Franz stated that there is more crime with more people, but it is not an issue of the type of housing. He commented with higher density, you are bound to have more calls. Public Safety Education Specialist Sara Cwayna stated that the majority of police calls were for minor violations. She stated that there were 99 police calls to Lakeview Commons and 155 to Parkers Lake for the same time period. Planning Commission Minutes July 8, 1997 Page #161 Gary Tushie, architect for the project showed the building elevation from the front angle of the site. Mr. Deanovic stated that the lighting and hours for the play area would be up to the City. Commissioner Koehnen asked for clarification on the number of units that the HRA wanted. HRA Supervisor Goldsmith explained that the HRA wants to maximize the units on all available sites. The HRA would have preferred more units, but the issue for this site revolved around the developer's financing. Director Hurlburt stated that the HRA does not have authority on approval. Commissioner Berkowitz asked what the rationale is that 64 units is acceptable with the Housing Plan. Planning Supervisor Senness stated that it complies with the issues of affordability, density, and life -cycle housing. Chairman Ribbe commented that he contacted the Wayzata School District and was told that they expect growth at Oakwood School and are ready for that. He stated that the School District did not have any comments of concern. They also commented that Oakwood School does not have the highest number of subsidized meals in the district. Commissioner Stein stated that with this development and the proposal for Vicksburg Lane and 22nd Avenue they will be within 13 units from the 1,147 units planned for Pakers Lake. Commissioner Koehnen asked if the management company will work with the Plymouth Apartments Manager Association. Mr. Deanovic replied affirmatively. MOTION by Chairman Stulberg, seconded by Commissioner Ribbe recommending approval of a Planned Unit Development General Plan Amendment for Peter Andrea Company for property located at the northwest corner of Shenandoah Lane and 22nd Avenue. Commissioner Ribbe stated that the City needs this type of development. Chairman Stulberg commented that the total units are very close to what was originally intended for the Parker Lake Planned Unit Development. Commissioner Thompson noted that discretion is limited and the application meets the standards. He stated that he liked that the density was reduced, trees maintained, and it is compatible with the senior building that will be proposed. Roll Call Vote. 7 Ayes. MOTION carried on a unanimous vote. 7. OLD BUSINESS: A. GENE AND NELLI SIVRIVER (97057) (Tabled from the June 24, 1997 Meeting) Planning Commission Minutes July 8, 1997 Page #162 Chairman Stulberg introduced the request by Gene and Nelli Sivriver for a Conditional Use Permit to operate All Auto Fix, Inc. a minor automobile repair business and Interim Use Permit for parking reduction for property located at 3435 Highway 169 North. Planner Drill gave an overview of the July 2, 1997 staff report. Chairman Stulberg introduced Gene and Nelli Sivriver, the applicants. The Sivriver's had no additional comments. Chairman Stulberg reopened the public hearing for any comments specifically pertaining to the easement issue. Chairman Stulberg introduced John Hedner of 5555 Zealand Avenue North. Mr. Hedner had nothing new to add regarding the easement. Chairman Stulberg introduced Scott Henderson of 3431 Highway 169 North. Mr. Henderson stated that in his conversation with City Attorney Knutson, the attorney stated he had not yet done an opinion on the easement agreement. Mr. Henderson stated that he has retained counsel to receive an opinion on the issue. Mr. Henderson presented a map depicting the parking area. Mr. Henderson requested that the application be tabled until his attorney can review the easement and issue an opinion. Chairman Stulberg introduced Svetlana Makeyeva of Arkady's Market. Ms. Makeyeva stated that she feels there will be ample parking for the proposed business. Mr. Sivriver commented that according to the easement, they have use of the 11 parking spaces on the south side of the building. Commissioner Thompson asked for clarification on the parking layout and easement area. Planner Drill indicated where the lot lines and easement lines are located. MOTION by Commissioner Koehnen, seconded by Commissioner Ribbe recommending approval of a Conditional Use Permit and Interim Use Permit for Nelli Sivriver for a minor repair automotive service garage with reduced parking for property located at 3435 Highway 169 North. Commissioner Berkowitz asked if the legal opinion comes back differently, what becomes of the Conditional Use Permit. Director Hurlburt replied if the neighbor provides a legal opinion that differs, it could be addressed at the City Council level, after that, it becomes a private matter. Vote. 7 Ayes. MOTION approved on a unanimous vote. Planning Commission Minutes July 8, 1997 Page #163 MOTION by Commissioner Stein, seconded by Commissioner Stoebner to adjourn the meeting. Vote. 7 Ayes. The meeting was adjourned at 10:59 p.m.