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HomeMy WebLinkAboutPlanning Commission Minutes 09-09-1997CITY OF PLYMOUTH PLANNING COMMISSION MINUTES SEPTEMBER 9, 1997 MEMBERS PRESENT: Chairman Michael Stulberg, Commissioners Allen Ribbe, Bob Stein, John Stoebner, Kim Koehnen, Roger Berkowitz, and Jeff Thompson MEMBERS ABSENT: STAFF PRESENT: Community Development Director Anne Hurlburt, Planners Kendra Lindahl, and John Rask, Building Official Joe Ryan and Clerical Supervisor Denise Hutt 1. CALL TO ORDER: 2. PUBLIC FORUM: 3. APPROVAL OF AGENDA: Approved. 4. APPROVAL OF MINUTES: MOTION by Commissioner Thompson, seconded by Commissioner Ribbe to approve the August 26, 1997 Planning Commission Minutes. Vote. 5 Ayes. MOTION carried unanimously (Chairman Stulberg and Commissioner Berkowitz abstained.) 5. CONSENT AGENDA: A. DCR Planning & Development, Inc. MOTION by Commissioner Thompson, seconded by Commissioner Ribbe recommending approval of a Site Plan Amendment to allow installation of a 122 -foot monopole tower and equipment building for wireless communication services at 701 Berkshire Lane. Vote. 7 Ayes. MOTION approved unanimously. 6. PUBLIC HEARINGS: A. CITY OF PLYMOUTH (97046) Chairman Stulberg introduced the request by the City of Plymouth for Reguiding from LA -2 (Living Area 2) to LA -3 (Living Area 3) and Rezoning from PUD (Planned Unit Development) to RMF -2 (Multiple Family Dwelling District 2) or RMF -3 (Multiple Family Dwelling District 3) for property located at the southeast corner of 22nd Avenue and Vicksburg Lane. Planning Commission Minutes September 9, 1997 Page #211 Director Hurlburt gave an overview of the September 2, 1997 staff report. Commissioner Thompson asked if it would be more appropriate for the Commission to deny or withdraw the request. Director Hurlburt replied either would be fine, as the end result would be the same. 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 Stoebner to deny the request by the City of Plymouth for Reguiding from LA -2 (Living Area 2) to LA -3 (Living Area 3) and Rezoning from PUD (Planned Unit Development) to RMF -2 (Multiple Family Dwelling District 2) or RMF -3 (Multiple Family Dwelling District 3) for property located at the southeast corner of 22"d Avenue and Vicksburg Lane. Roll Call Vote. 7 Ayes. MOTION carried unanimously. B. TERRY MCKINZIE (97117) Chairman Stulberg introduced the request by Terry McKinzie for an Interim Home Occupation License for a carpet cleaning home occupation business and a Conditional Use Permit to construct a 1,380 square foot detached garage which would exceed the maximum structure size of 30 percent of the required rear yard for property located at 12600 Sunset Trail. Planner Lindahl gave an overview of the September 5, 1997 staff report. Chairman Stulberg introduced Terry McKinzie, the petitioner. Mr. McKinzie stated that the size of the garage would not be an eyesore to the neighborhood, rather an enhancement to the property. He stated that the garage can't be seen because of the trees. Mr. McKinzie said that the garage would be professionally built. He stated that the proposed garage would be heated and used for three vans and dryer equipment needed for his business. Everything would be stored inside the garage. No hazardous chemicals would be stored in the garage. Mr. McKinzie explained that all work is done off-site, and he employs one full-time person. He said that there is one dead tree and one apple tree that would have to be removed for the construction of the garage. Mr. McKinzie stated that the existing one stall garage would possibly be made into a family room. Mr. McKinzie questioned how the 30 percent of the required rear yard was calculated. He stated that he ran this business out of his home in Eden Prairie for six years without any problems or complaints from neighbors. He said that he is willing to work within the codes and regulations. Mr. McKinzie commented that under the Ordinance, he would be allowed to increase his current attached garage for the requested use to a square footage nearly the same size as the detached garage he is requesting. Planning Commission Minutes September 9, 1997 Page #212 Commissioner Stoebner asked if the proposed garage would be used for personal automobiles. Mr. McKinzie replied that if there is any excess room, he would likely store his boat in the proposed garage. Chairman Stulberg opened the public hearing. Chairman Stulberg introduced Terry LeDell of 250 Pineview Lane. Mr. LeDell stated his back yard faces the property, and six months out of the year he would see the garage. He stated that he is opposed to the request, as a commercial business should not be run out of a residential property. Mr. LeDell said there are many commercial sites available to rent for storage of the equipment. Chairman Stulberg introduced John Payne of 300 Pineview Lane. Mr. Payne asked what type of chemicals are used for the business, and how the chemicals are disposed of. He asked if the applicant could provide Material Safety Data sheets pertaining to the chemicals used. He was concerned that the proposed use would cause increased noise and traffic. He asked what types of deliveries are made to the site, and the hours of the deliveries. Chairman Stulberg introduced Barbara Tolkkinen of 12518 Sunset Trail. Ms. Tolkkinen stated that she represents her parents that reside at 12518 Sunset Trail. Ms. Tolkkinen presented letters from surrounding residents opposed to the request. Ms. Tolkkinen stated that the proposed use would destroy the residential feel of the neighborhood. She stated that the proposed garage would be directly out her parents' window that would not be hidden by trees. Ms. Tolkkinen stated that the proposed use may diminish property values, and have an adverse affect on the surrounding properties. She stated her concern about noise, deliveries, and disposal of cleaning solutions. Chairman Stulberg introduced letters from Nancy and William Macki of 12520 Sunset Trail dated September 5, 1997, David and Barbara Wuollet of 12720 Sunset Trail dated September 9, 1997, and George and Lisa Tuszkiewicz of 12600 Sunset Trail dated September 9, 1997 in opposition of the proposed use. Chairman Stulberg closed the public hearing. Mr. McKinzie stated that he could supply the Material Safety Data sheets pertaining to the chemicals used, which is primarily cleaning detergents. Mr. McKinzie stated that no chemicals come back to the site. The chemicals are extracted from the carpet through a hose into a machine, which is dumped into a toilet at the job site. Mr. McKinzie stated that no deliveries are made to the site. He picks up his own supplies and added that he may have a couple of cases of one gallon jugs on site. The solution Mr. McKinzie uses is similar to the solution found at the store, but is a higher concentrated chemical with less residue. He stated that if there were a spill in the garage, he would put a powder on it, but most of it would evaporate. Mr. McKinzie said that he normally leaves the site between Planning Commission Minutes September 9, 1997 Page #213 7:00 a.m. and 7:30 a.m. and returns between 5:00 p.m. and 6:00 p.m. Mr. McKinzie stated that without trees, the residents would be looking at the back of homes, which is no different that looking at the proposed garage. Mr. McKinzie commented that he can't afford to rent a commercial site. He explained that the van is too tall to keep in the existing garage. He said that the vans need to be kept in a heated garage in the winter. Mr. McKinzie said that he is not in the neighborhood to cause any grief or trouble, he is just asking to make a living. Commissioner Thompson asked what the existing garage would be used for. Mr. McKinzie replied that he only purchased the home six weeks ago, so he is not sure what it will be used for. He stated that he may make the garage into a family room and according to the Ordinance, he can add a new attached garage. Planner Lindahl stated that the applicant could have up to 1,250 square feet for an attached garage, provided he meets setbacks. Chairman Stulberg cautioned the applicant, that it still doesn't mean that he can operate a home occupation business. Commissioner Thompson asked if the garage would have to be a residential garage to fall within Subd. 2 of 21120.08. Planner Lindahl replied that the subdivision prohibits granting a conditional use for a garage on a residential property if there is a home occupation conducted on the property. Director Hurlburt stated that this is part of a residential use and the garage is part of a residential use. They can have accessory buildings, but it can't require a Conditional Use Permit. She added that you don't want larger garages to run a business. Commissioner Ribbe asked for an explanation of how required rear yard is calculated. Planner Lindahl explained that the required rear yard is the area between the lot line and the required setback. That's the area that nothing can be built in. Director Hurlburt added that the reasoning for that is to keep the garage in proportion with the lot. MOTION by Chairman Stulberg, seconded by Commissioner Koehnen recommending denial of an Interim Home Occupation License for a carpet cleaning business and denying two Conditional Use Permits to construct a 1,380 square foot detached garage for Terry McKinzie at 12600 Sunset Trail. MOTION to Amend by Commissioner Thompson, seconded by Commissioner Stoebner recommending approval of an Interim Home Occupation License for a carpet cleaning business for Terry McKinzie at 12600 Sunset Trail and denying two Conditional Use Permits to construct a 1,380 square foot detached garage for Terry McKinzie at 12600 Sunset Trail. Commissioner Thompson stated that the Interim Home Occupation License should be issued, but the Conditional Use Permit should be denied. He said that the applicant could put in an extension of the garage and not seek a Conditional Use Permit. Planning Commission Minutes September 9, 1997 Page #214 Commissioner Koehnen noted that Subd. 3. of 21145.04 states that no person other than a resident shall conduct the home occupation. Commissioner Thompson stated that the difference between permitted use and interim use is the interim use allows an employee. He said that the proposed use is a fairly small operation, and they can get an attached garage or walkway. He stated that it would not change the nature of the property. Commissioner Stoebner concurred with Commissioner Thompson adding that the applicant conducts his business off-site. Chairman Stulberg commented that he would vote against the amendment, as he would like to see plans for what would happen if the applicant had to add on to the existing garage and use that for his business. Planner Lindahl stated that until staff looks at a potential garage addition, it would be hard to address possible issues. Roll Call Vote on MOTION to Amend. 2 Ayes. MOTION failed on a 2-5 Vote. Chairman Stulberg and Commissioners Koehnen, Berkowitz, Stein and Ribbe voted Nay.) Roll Call Vote on Main MOTION. 7 Ayes. MOTION carried unanimously. C. GREG AND ELIZABETH HENDRICKS (97120) Chairman Stulberg introduced the request by Greg and Elizabeth Hendricks for a Variance to replace an existing six foot fence, within the front yard of property located at 11510 57th Avenue North. Building Official Ryan gave an overview of the August 28, 1997 staff report. Commissioner Stein asked how the front yard was determined. Building Official Ryan explained that a front yard is located parallel with the street. There are technically three front yards for this property. The Ordinance states an exception for equivalent yards. The Ordinance allows a six foot fence along Bass Lake Road. Commissioner Thompson asked what the hardship would be, and why the applicant couldn't have a three-foot fence. Building Official Ryan replied that the hardship is that the current owners purchased the property with a six-foot fence, and if it would have to be reduced, it would take away their privacy and reduce the open area of their yard. He added that the Public Safety Department did look at the property to ensure that there wouldn't be a sight line problem. Chairman Stulberg introduced Greg Hendricks, the petitioner. Mr. Hendricks stated that he concurred with the staff report. He stated that they do have large dogs and a three foot Planning Commission Minutes September 9, 1997 Page #215 fence would not contain them. He added that there is a lot of traffic on Deerwood Lane so he would like to be able to keep the six-foot fence for safety and privacy. Commissioner Stoebner commented that it would be awkward to have a three foot fence on one side of the property and a six foot fence on the other sides. 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 fence height Variance for Greg and Elizabeth Hendricks for property located at 11510 57th Avenue North. Roll Call Vote. 6 Ayes. MOTION carried on a 6-1 Vote. Commissioner Thompson abstained.) D. CITY OF PLYMOUTH (97104) Chairman Stulberg introduced the request by the City of Plymouth for Amending the text of Chapter 21 of the Plymouth City Code, the Plymouth Zoning Ordinance, in its entirety. The amendments do not include any changes to the Plymouth, Minnesota Zoning Map adopted by reference in Section 21000.12 of the Zoning Ordinance. (97104) Director Hurlburt gave an overview of the September 2, 1997 staff report. She stated that there are 320 separate changes. The action would be repealing the entire text and adopting the new language. There are no changes to the sign ordinance, nor any map changes. Commissioner Thompson asked if there is a definition of warehousing. Director Hurlburt responded negatively, adding that if there is not a definition, staff would use Webster's dictionary. The Commission discussed Subd. 3 of the Interim Home Occupation License. The Commission decided that the language should be rewritten to allow the resident to have non-resident employees. The Commission discussed that a more appropriate language may be that "No person other than those other than those who customarily reside on the premises shall perform or engage in services on the site." Commissioner Koehnen questioned whether the correct word is townhome or townhouse. Director Hurlburt said she would check on it and make sure that it is consistent throughout the Ordinance. Chairman Stulberg opened and closed the public hearing as there was no one present to speak. Planning Commission Minutes September 9, 1997 Page #216 MOTION by Commissioner Thompson, seconded by Commissioner Stoebner recommending the City Council adopt the Ordinance comprehensively revising and amending the text of Chapter 21 of the Plymouth City Code, the Plymouth Zoning Ordinance. MOTION to Amend by Commissioner Thompson, seconded by Commissioner Koehnen revising Subd 3.(a) of Section 21145.04 to tentatively read that "No person other than those who customarily reside on the premises shall perform or engage in services on the site". Staff is to provide appropriate language and return the item to the Commission at their September 23rd meeting. Roll Call Vote on MOTION to Amend. 7 Ayes. MOTION approved unanimously. Roll Call Vote on Main MOTION. 7 Ayes. MOTION approved unanimously. 7. NEW BUSINESS: Commissioner Berkowitz stated that the Park and Recreation Advisory Committee will be looking at skateboard parks within the City. Commissioner Koehnen noted that the subcommittee on public safety will be interviewing residents to represent each ward. Director Hurlburt stated that the application from Harty's Boat Rental was rescheduled for the October 14th meeting. Commissioner Thompson stated that he may miss the September 23rd Planning Commission Meeting. MOTION by Commissioner Stein, seconded by Commissioner Koehnen to adjourn. Vote. 7 Ayes. The meeting was adjourned at 8:40 p.m.