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HomeMy WebLinkAboutPlanning Commission Minutes 10-14-1997CITY OF PLYMOUTH PLANNING COMMISSION MINUTES OCTOBER 14, 1997 MEMBERS PRESENT: Acting Chairman Allen Ribbe, Commissioners Bob Stein, Kim Koehnen, John Stoebner and Jeff Thompson MEMBERS ABSENT: Chairman Michael Stulberg and Commissioner Roger Berkowitz STAFF PRESENT: Community Development Director Anne Hurlburt, Planning Supervisor Barb Senness, Planners Kendra Lindahl and John Rask, Building Official Joe Ryan, Housing Supervisor Ed Goldsmith, City Engineer Dan Faulkner and Clerical Supervisor Denise Hutt 1. CALL TO ORDER: 2. PUBLIC FORUM: 3. APPROVAL OF AGENDA: MOTION by Commissioner Thompson to remove Item 5A. - City of Plymouth from the Consent Agenda. 4. APPROVAL OF MINUTES: MOTION by Commissioner Koehnen, seconded by Commissioner Stein to approve the September 23, 1997 Planning Commission Minutes. Vote. 3 Ayes. (Commissioners Thompson and Stoebner abstained.) 5. CONSENT AGENDA: 6. PUBLIC HEARINGS: A. JOE HARTY/HARTY' S BOATS AND BAIT (97121) Acting Chairman Ribbe introduced the request by Joe Harty/Harty's Boats and Bait for a Conditional Use Permit to modify the operation of the existing business at 1920 and 2900 East Medicine Lake Boulevard. Building Official Ryan gave an overview of the October 7, 1997 staff report. Commissioner Koehnen asked if the use is permitted even though it was found to be non- conforming in 1984. Building Official Ryan explained that the business was established in the late 1960s, prior to the adoption of the Zoning Ordinance and the use was Planning Commission Minutes October 14, 1997 Page #227 grandfathered in. Commissioner Koehnen questioned if the real issue is the length of docks. Building Official Ryan replied affirmatively. He added that the inventory was approved in 1984, and that there have been some modifications and changes, thus the need for the Conditional Use Permit. Commissioner Stein asked what the basis was for the 100 foot dock. Building Official Ryan said that it was the standard at that time. Acting Chairman Ribbe introduced Joe Harty, the petitioner. Mr. Harty said that they have been in business since 1968, operating as a non -conforming use for many years. He stated that there have been changes since the approval in 1968, which are violations. Mr. Harty stated that they need longer docks which allow a better way to keep customers' boats safe in inclement weather. The lake has also gotten progressively shallower, and thus the need for the longer docks. Mr. Harty said that the boat lifts were brought in to replace the buoys, which break in the roughest weather. Mr. Harty said that they lost deep water launching customers when the park was redone, and doesn't know if he will get them back. Commissioner Ribbe asked if the rental building will be reconstructed, or just moved. Mr. Harty replied that the building has already been moved. Commissioner Ribbe asked who is responsible for the crossing striping and safety signing indicated on the Trail Plan. Director Hurlburt replied that the County is responsible, and it will be done after the improvements are completed. Acting Chairman Ribbe introduced a letter from Barry Shear, dated October 10, 1997 and Mary Harty, dated October 11, 1997 in favor of the applicant's request. Acting Chairman Ribbe introduced Henry Liljequist of 2510 East Medicine Lake Boulevard. Mr. Liljequist stated that he is in favor of the applicant's request. He said that they have always kept the area neat and there have not been any problems associated with the business. Mr. Liljequest said that the shoreline is very shallow, and his dock is 94 feet long and the water is knee deep at the end. He couldn't put his pontoon in the lake because it was so shallow. Acting Chairman Ribbe introduced Lawrence Marofsky of 2835 Medicine Ridge Road. Mr. Marofsky stated that he lives adjacent to the northern Harty's site, and has lived there since 1979. He has a dock next to Harty's. The property to the south is owned by the City of Plymouth, and he has a permit to put his dock out, but it is not maintained by the City. Mr. Marofsky said that he is an attorney and has served on the Board of Zoning Adjustments and Appeals and the Planning Commission. Mr. Marofsky said that the ordinance has allowed retail uses where there is a benefit to the neighborhood. He commented that the use is beneficial to the neighborhood and the City. Mr. Marofsky said that the applicant helps people put in their docks and put out and take in their boats. He said that the applicant's business is not causing a disruption to the residents. Mr. Marofsky commented that the water level has decreased. Planning Commission Minutes October 14, 1997 Page #228 Mr. Marofsky said that certain conditions related to paving, off-street parking, off-site storage, screening, and landscaping can be put on the resolution if needed. Mr. Marofsky said that it is not illegal to move buoys - all you need is a permit from the Department of Natural Resources. Mr. Marofsky stated that the business has improved the area, as the applicant maintains the park land along with his own property. He said that the use has not increased, but rather the mix of the use has changed. Mr. Marofsky said that the business shouldn't be restricted by inventory. He said that the applicant needs flexibility to conduct his business. Acting Chairman Ribbe introduced Marian Larson of 1940 and 1940A Medicine lake Boulevard. Ms. Larson stated her concern that with the new trail, there will be more pedestrian traffic to the area, and it wouldn't be a good mix with large public marina. She stated that the request should be denied, and they should be restricted to the inventory that was approved previously. Acting Chairman Ribbe introduced Paul Mork of 2070 East Medicine Lake. Mr. Mork said he moved to the area to use Harty's boat rental and access to the lake for his pontoon. He stated his support for the expansion, as it benefits the residents. Mr. Mork said that his dock is 110 feet, which is sometimes not long enough. Mr. Mork commented that it is nice to have the convenience of the boat rental facility, and they operate a clean and orderly business. He hoped that the Planning Commissioners consider the expansion as in the best interest of the residents and the lake. Acting Chairman Ribbe introduced Doug Morrissette of 1915 Kilmer Lane. Mr. Morrissette stated that he has lived in the area his entire life. He said that the lake hasn't changed, and it is at a record high level this year. Mr. Morrissette stated his concern with the expansion, and putting a limit on the number of boats hasn't deterred the service. He said that they have had to maneuver around the boat lifts and boats which infringe on their property. Mr. Morrissette stated he would like the City to put a limit on the use of that property or regulate how the property is used. He asked if the expansion is allowed, would more expansion be allowed in the future. Mr. Morrissette commented that Harty's has been a good neighbor, and there haven't been any problems this year. Mr. Morrissette was unsure of how the one-way traffic would now affect the area. Acting Chairman Ribbe introduced Rick Barkley 10420 28th Avenue North. Mr. Barkley stated that he lives between the two Harty sites. He said that most people think that Harty's is an asset to the community, especially those that don't have access to the lake. Acting Chairman Ribbe introduced John Holms of 2120 East Medicine Lake Boulevard. Mr. Holmes stated that he has lived in the area for 32 years and has never had any problems with Harty's as neighbors. He said that he would like to see the expansion approved and the business maintained. Acting Chairman Ribbe closed the public hearing. Planning Commission Minutes October 14, 1997 Page #229 Mr. Harty stated that when you have the boats coming in, you need the space to accommodate the extra traffic. He said that the lake has gotten a lot shallower and weedier, and they need to have longer docks. Director Hurlburt stated that with the new trail, there will be more people near the area, which could potentially be a hazard. Mr. Harty stated that they have decreased the number of rowboats from 20 to 12, and they are not planning on adding any more buoys or boat lifts. In response to the new trail and traffic, City Engineer Faulkner stated that there would be a one-way north bound for vehicular traffic. The trail will accommodate two-way pedestrian traffic. There will probably be an increase of traffic, but the traffic situation should be improved with the one-way pattern. Director Hurlburt noted that improvements being made to their south location will help with the trail construction, which will be an improved situation for pedestrians. Acting Chairman Ribbe stated that the Commission's decision must be made based on the belief that the usage will comply with the Conditional Use Permit Standards. MOTION by Commissioner Thompson, seconded by Commissioner Stoebner recommending approval of a Conditional Use Permit for Harty's Boat and Bait business for property located at 1920 and 2900 East Medicine Lake Boulevard. Commissioner Stein stated that he lives between the two sites, and has never seen a traffic or parking problem. He said that the business is an asset to the community. Commissioner Thompson stated that the testimony given at the public hearing does not support denial of the Conditional Use Permit. Acting Chairman Ribbe concurred. Roll Call Vote. 5 Ayes. MOTION carried unanimously. B. CARLSON REAL ESTATE COMPANY (97125) Acting Chairman Ribbe introduced the request by Carlson Real Estate Company for a Preliminary Plat, Site Plan Amendment, Variances and Conditional Use Permit to increase the percentage of the office in the CMG building and to provide an on-site daycare facility at 1405 Xenium Lane North. Planner Rask gave an overview of the October 9, 1997 staff report. Commissioner Koehnen questioned where the power sources are in regard to the proposed day care, and if there are any safety concerns. Planner Rask pointed out the NSP substation on the site plan and stated that he is not personally aware of any Planning Commission Minutes October 14, 1997 Page #230 conclusive evidence of safety problems. He added that it is not addressed as standards in the ordinance. Commissioner Stein asked how much warehouse/office is allowed in a commercial district. Planner Rask replied that none is allowed, but the Commission has previously allowed up to 25 percent in the B -C Zoning District. Acting Chairman Ribbe introduced Mat VanSlooten, the petitioner. Mr. VanSlooten stated that the day care building will be at least 200 feet from the overhead power line and substantially further away from the substation, and should not be a safety hazard. He said that they chose this site, as the trees can stay. Mr. VanSlooten stated that they want to expand the office in this facility for Carlson Marketing Group, and it is much more efficient to expand within a current facility. Mr. VanSlooten said that they agree with all the conditions and modifications in the staff report, except one. He requested that Condition #10e. be changed to Certificate of Occupancy instead of building permits, as the site is already platted, and their reason for replatting is to incorporate daycare to be part of the parcel. They have been unable to reach MnDot regarding the issue of right-of-way. Director Hurlburt commented that staff sees no problem with changing that condition. Acting Chairman Ribbe opened and closed the public hearing as there was no one present to speak on the issue. MOTION by Commissioner Thompson, seconded by Commissioner Koehnen recommending approval of Conditional use Permits, Variances, Site Plan and Preliminary Plat for Carlson Real Estate Company for property located at the southeast quadrant of Highway 494 and County Road 6. MOTION to Amend by Commissioner Thompson, seconded by Commissioner Stein to revise Condition #10e. of the approving resolution to read "No Certificate of Occupancy shall be issued until the Final Plat is filed and recorded with Hennepin County." Roll Call Vote on MOTION to Amend. 5 Ayes. MOTION carried unanimously. MOTION to Amend by Commissioner Thompson, seconded by Commissioner Stein to delete Condition #7 of the approving resolution. Commissioner Thompson stated that he has not heard of any problems or that the Variance Criteria is met. He said that if there is a problem with the Ordinance, it should be brought up for discussion at the Commission and Council. Mr. VanSlooten stated that staff thought the drive aisle should be preserved and suggested the applicant provide compact parking stalls. He said they did a survey of the cars at the site, and over 53 percent are compact vehicles. Planning Commission Minutes October 14, 1997 Page #231 Acting Chairman Ribbe asked if the City enforces parking on private property for compact stalls. Director Hurlburt replied that the City only has jurisdiction over site plan approvals. She added that the property owner could enforce the compact parking, but the City can't. Roll Call Vote on MOTION to Amend. 1 Aye. MOTION failed on a 1-4 Vote. Acting Chairman Ribbe and Commissioners Stoebner, Koehnen, and Stein voted Nay.) Roll Call Vote on Main MOTION. 5 Ayes. MOTION approved unanimously. C. BILL CAVANAUGH (97126) Acting Chairman Ribbe introduced the request by Bill Cavanaugh for a Site Plan for a 6,400 square foot commercial building and setback Variances at the northwest quadrant of Fernbrook Lane and 27th Avenue North. Planner Lindahl gave an overview of the October 9, 1997 staff report. Acting Chairman Ribbe opened the public hearing. Acting Chairman Ribbe introduced Bob Mikulak, representing the petitioner. Mr. Mikulak stated that the lot is very narrow. He said that he would have no problem in reconfiguring and possibly deleting some parking spaces. He commented that there would be a problem moving the pond as there is a three foot grade change on the property. Mr. Mikulak stated that the property did have the road cut through and the new signal will take another triangle section, which reduces his buildable area. Acting Chairman Ribbe introduced Bill Cavanaugh, the petitioner. Mr. Cavanaugh stated that the property was narrowed. Mr. Cavanaugh said that he pays a lot of taxes on the site and he should be able to build a 6,400 square foot building without any objections. He commented that the city wants to do anything they can do see that he doesn't build. He said that Hennepin County stated that you can signalize in a three by three foot area. He said he should be able to develop the property when he pays taxes on it. Acting Chairman Ribbe opened and closed the public hearing as there was no one present to speak. Commissioner Koehnen asked what the applicant's intent is to work toward the recommendations and ideas that were given by staff. Mr. Mikulak stated that relocating the pond would be difficult, as you have to go up three feet. He said that they could move the building pad, and agree to some reduction of parking spaces. Mr. Mikulak said that he is willing to compromise. Planning Commission Minutes October 14, 1997 Page #232 Director Hurlburt commented that it is unusual for staff to recommend denial of a site plan. She said that staff tries to work with an applicant to reduce the number of variances. Director Hurlburt said if the applicant is willing, the Commission could table the item. She stated that if the applicant wants to make changes, staff will give them feedback, but no progress has been made to this point. Acting Chairman Ribbe commented that the Commission can't arbitrate the difference of views. Commissioner Thompson asked if the applicant is willing to table the item. Mr. Cavanaugh said it didn't need to be tabled, as the taxes have been paid, and it is only a small building. Commissioner Koehnen said that if the item is tabled, a compromise might be able to be reached. Mr. Cavanaugh said the issue has to be resolved. MOTION by Commission Stein, seconded by Acting Chairman Ribbe to table the item to the November 4th Planning Commission Meeting. MOTION WITHDRAWN AND SUBSTITUTE MOTION by Commissioner Stein, seconded by Commissioner Ribbe to deny the request by the request by Bill Cavanaugh for a Site Plan and setback Variances to construct a 6,400 square foot building at 2715 Fernbrook Lane North. Commissioner Koehnen said if the applicant is willing to stick to the issues, she would prefer the item be tabled. Commissioner Stein said that the site is buildable, and there has not been a willingness by the petitioner to work with staff. Commissioner Thompson commented that the lot is oddly shaped and has frontage on three streets, and would like to see the item tabled. Commissioner Koehnen said she would like to give the applicant another chance to work with staff. Commissioner Stoebner concurred, although it doesn't mean he supports the request. MOTION by Commissioner Thompson, seconded by Commissioner Koehnen to table the request by Bill Cavanaugh for a Site Plan and setback Variances to construct a 6,400 square foot building at 2715 Fernbrook Lane North to the November 4th Planning Commission Meeting. Roll Call Vote. 4 Ayes. MOTION carried on a 4-1 Vote. Commissioner Stein voted Nay.) Director Hurlburt said because of tabling the item, there will be a motion for denial for the application on the table when it comes back to the Planning Commission. Acting Chairman Ribbe called a recess at 9:00 p.m. and reconvened the meeting at 9:08 p.m. Planning Commission Minutes October 14, 1997 Page #233 D. PRAIRIE SPORTS ENTERPRISES, INC. (97136) Acting Chairman Ribbe introduced the request by Prairie Sports Enterprises, Inc. for a Conditional Use Permit to operate an indoor commercial recreational facility "Grand Slam U.S.A. Sports Academy" at 161 Cheshire Lane North. Planner Lindahl gave an overview of the October 9, 1997 staff report. Acting Chairman Stulberg introduced David Hetzel, the applicant. Mr. Hetzel stated that he concurs with the staff report, and appreciates the opportunity to locate in Plymouth. Acting Chairman Ribbe opened and closed the public hearing as no one present to speak on the issue. MOTION by Commissioner Thompson, seconded by Commissioner Stein recommending approval of Conditional Use Permits for Prairie Sports Enterprises, Inc. to operate Grand Slam U.S.A. Sports Academy at 161 Cheshire Lane North. Roll Call Vote. 5 ayes. MOTION approved unanimously. E. HANS HAGEN HOMES, INC. (97145) Acting Chairman Ribbe introduced the request by Hans Hagen Homes, Inc. for a Preliminary Plat for two lots and one outlot for property located at the southeast corner of Highway 55 and County Road 24. This request would modify the Preliminary Plat submitted as part of the Plymouth Station Commercial Planned Unit Development. The initial plat was for one lot and one outlot. Planner Rask gave an overview of the October 7, 1997 staff report. Commissioner Thompson asked if this request changes any previous conditions placed on the site. Planner Rask replied negatively. Acting Chairman Ribbe introduced Hans Hagen, the petitioner. Mr. Hagen stated that he concurs with the staff report and is available for any questions. Acting Chairman Ribbe opened and closed the public hearing as no one present to speak on the issue. MOTION by Commissioner Stoebner, seconded by Commissioner Thompson recommending approval of a Preliminary Plat for Hans Hagen Homes, Inc. for Plymouth Station for property located southeast of the intersection of Highway 55 and County Road 24. Roll Call Vote. 5 Ayes. MOTION approved unanimously. 7. NEW BUSINESS Planning Commission Minutes October 14, 1997 Page #234 A. CITY OF PLYMOUTH - METROPOLITAN LIVABLE COMMUNITIES ACT PROGRAMS FOR 1998. Director Hurlburt stated that the Planning Commission is not required to make a recommendation, but as in past years, this would be an opportunity to give its recommendation to the Council. Commissioner Thompson stated he doesn't see the need for participation, as it costs the City money, and it handcuffs the Commission on decisions. He stated that it is not a good use of taxpayers dollars. Housing Supervisor Goldsmith explained that the City's expenditures in support of affordable housing, the HRA Tax Levy which goes to subsidize Plymouth Towne Square and expenditures under the Community Development Block Grant programs began prior to the enactment of the Livable Communities Act. Preferences are given to Cities that participate when applying for Metropolitan Council and other funds. The City's Livable Communities goals were developed by the City and not dictated by the Act or the Metropolitan Council. Commissioner Ribbe wanted to know if the funds from participating are the source of the Housing and Redevelopment Authority's (HRA) funds. Housing Supervisor Goldsmith replied negatively. The HRA funds come from the HRA Tax Levy and the Community Development Block Grant program. The $225,000 that was mentioned in the staff report was a specific grant that a developer applied for to build affordable housing. The Livable Communities funds will be provided by the Metropolitan Council for disbursement by the City. The City can place conditions and set criteria on the funds. MOTION by Commissioner Koehnen, seconded by Commissioner Stein to recommend to the City Council to continue participation in the Metropolitan Livable Communities Act Programs for 1998. Vote. 4 Ayes. MOTION carried on a 4-1 Vote. (Commissioner Thompson voted Nay.) MOTION by Commissioner Koehnen, seconded by Commissioner Stein to adjourn. Vote. 5 Ayes. The meeting was adjourned at 9:27 p.m.