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HomeMy WebLinkAboutPlanning Commission Minutes 09-20-20231 Approved Minutes September 20, 2023 Approved Minutes Planning Commission Meeting September 20, 2023 Chair Boo called a Meeting of the Plymouth Planning Commission to order at 7:00 p.m. in the Council Chambers of City Hall, 3400 Plymouth Boulevard, on September 20, 2023. COMMISSIONERS PRESENT: Chair Michael Boo, Bill Wixon, Neha Markanda, Jennifer Jerulle, and Josh Fowler COMMISSIONERS ABSENT: Marc Anderson and Julie Olson STAFF PRESENT: Planning and Development Manager Chloe McGuire, Senior Planner Lori Sommers, Engineering Services Manager Chris McKenzie OTHERS PRESENT: Chair Boo led the Pledge of Allegiance. Call to Order Public Forum Mike Lewis, 4565 Glacier Lane, spoke regarding the proposed Eagle Brook Church development expressing concern for traffic. He commented that once a temporary church becomes a permanent church, it typically experiences significant growth which adds to concern. He commented that Corcoran had denied Eagle Brook Church at a very similar location in that community and stated that one of the concerns was traffic, noting an estimated 3,000 vehicles anticipated each Sunday. Approval of Agenda Motion was made by Commissioner Jerulle, and seconded by Commissioner Wixon, to approve the agenda. With all Commissioners voting in favor, the motion carried. Consent Agenda (4.1) Planning Commission minutes from meeting held on September 6, 2023. Motion was made by Commissioner Fowler, and seconded by Commissioner Jerulle, to approve the consent agenda. With all Commissioners voting in favor, the motion carried. Public Hearings 2 Approved Minutes September 20, 2023 (5.1) Review proposal for senior condominium building at 18035 Old Rockford Rd (2023042 - DJR Architecture) Planning and Development Manager McGuire presented the staff report. Commissioner Jerulle asked if the increased building height was because the building would need to start at a higher level due to flooding concerns. Planning and Development Manager McGuire replied that she was unsure but noted that the developer also wanted to have an increased number of units. She noted that the applicant could provide additional details. She noted that the density would be within the allowed range for the site. Commissioner Jerulle referenced the apartment building near this site and asked if that also has a variance. Commissioner Wixon asked and received confirmation that there would only be one pickleball court. He noted that noise can be an issue but was not concerned with one court. Commissioner Markanda asked if there would be a significant increase in traffic anticipated. Engineering Services Manager McKenzie replied that the anticipated traffic is well within the capacity of the roadway. Commissioner Markanda asked if any of the units would be allowed for rental, or whether they must be owner occupied. Chair Boo asked if the pickleball court would be limited to only resident use. Planning and Development Manager McGuire replied that it would be intended for resident use and did not anticipate that members of the public would visit this site for that purpose. Chair Boo asked whether there would be rooftop mechanical units for the building. Planning and Development Manager McGuire replied that there would be rooftop units that would be located as close to the middle as possible, and screening would be required as well. Chair Boo introduced Mr. Hitchcock, representing the applicant, who identified the building encroachment into the setback noting that it is minimal. He commented that they were able to develop a design that is above the water table, therefore flooding should not be a concern. Chair Boo introduced Ben Ptacek, DJR Architecture, who confirmed that they would meet the screening requirements of the city related to the rooftop equipment. Chair Boo opened the public hearing. There were no comments. 3 Approved Minutes September 20, 2023 Chair Boo closed the public hearing. Chair Boo noted that this item was presented as a discussion item some time ago and therefore the increase in height was not a surprise and this appears to be a good fit for the property and area. He commented that this is consistent with the concept that was previously presented. Planning and Development Manager McGuire commented that the nearby apartment building has a similar height of 44 feet but did not see a variance required at the time that building was approved. Motion was made by Commissioner Fowler, and seconded by Commissioner Markanda, to recommend approval of the project consistent with staff recommendations. With all Commissioners voting in favor, the motion carried. New Business (6.1) Site plan and variances to construct a financial institution with drive-through and associated site changes (HTG Architects - 2023051) Senior Planner Sommers presented the staff report. Commissioner Jerulle commented that although the bypass lane is lacking in a certain area, it appears there would still be room for a fire truck. Senior Planner Sommers replied that although the width does not meet the standard, there would be enough room for a fire truck to get through or for a vehicle to go around if the driver decided to get out of the line. Chair Boo asked if the fire department and building department reviews a variance to a safety requirement. Senior Planner Sommers confirmed that staff has reviewed this and does not have an issue as presented. Chair Boo introduced Pat McCann, representing the applicant, who stated that the bank is excited to be a part of this community and convert a problematic site into something great. Chair Boo introduced Josh Longo, HTG Architects, who commented that staff has been excellent throughout this process, and it has been a collaborative effort. Chair Boo commented that this will be a good addition to the community. He understood the need for the signage because of the location along the curve and therefore that makes sense. Commissioner Wixon commented that he visited the property today and seconded the comments that this will be an improvement to this site. 4 Approved Minutes September 20, 2023 Motion was made by Commissioner Jerulle, and seconded by Commissioner Markanda, to recommend approval of the site plan and variance as recommended. With all Commissioners voting in favor, the motion carried. (6.2) Review variance request for increased impervious surface at 9600 17th Ave NW (2023056 - Tom Li) Planning and Development Manager McGuire presented the staff report. Commissioner Wixon commented that he does not understand the purpose of the rain barrel and where that water would go after it fills. Planning and Development Manager McGuire replied that the rain barrel would collect water and would be intended to be used for irrigation purposes. Engineering Services Manager McKenzie commented that during heavy rain fall the barrel would fill and overflow. He commented that the idea is to offset the additional impervious with stormwater management and this would be a form of stormwater management. Commissioner Wixon noted the statement in the staff report which states that a 250-gallon rain barrel would have a capacity of 750 gallons and asked for clarification. Engineering Services Manager McKenzie replied that he would defer to the applicant noting that perhaps three barrels would equate to 750 gallons. Commissioner Fowler asked for clarification on the timeline of the project, whether the shed was approved at any point. Planning and Development Manager McGuire provided a history of the property going back to 1999. She commented that the shed was not approved by staff but noted that a shed under 200 square feet does not require a permit. She commented that the first complaint about the shed was received in June of 2023. Commissioner Markanda asked if neighboring homes have sheds and went through an approval process for those. Planning and Development Manager McGuire replied that sheds over 200 square feet require a building permit, while those under that threshold do not. She noted that while most of the properties in this area exceed the maximum impervious lot coverage, they were grandfathered in for that therefore circumstances would depend upon all those circumstances. Chair Boo commented that the issue is not whether or not this requires a building permit, but whether any further building would increase the permitted impervious lot coverage. Planning and Development Manager McGuire confirmed that to be true. She noted that the homeowners proposed the home to be constructed at the 35 percent maximum impervious surface, therefore any impervious improvements would require action by the city council. 5 Approved Minutes September 20, 2023 Commissioner Wixon asked if a shed on blocks with dirt underneath would be considered an exception because it does not have a concrete foundation. Planning and Development Manager McGuire replied that would still be considered the same, as a structure and/or roofline would be qualified as impervious surface. She stated that the DNR implements the shoreland rules which the city then adopts. Chair Boo introduced Tom Li, applicant, who stated that it is the dream of their family to have an environmentally friendly home that looks great. He commented that during the COVID pandemic they experienced delays due to labor and material shortages. He apologized for the inconvenience this caused as they do not have experience with the building industry. He commented that his family was glad to improve the aesthetic and value of the property with the construction of their new home. He commented that the shed is eight by eight and in his review of city code, the shed did not require a permit. He stated that he did not see the regulation required to the impervious surface. He noted that the previous home had much more impervious surface and even with the shed, they are well below that. He noted that the shed provides him with a place to store his garden tools and other items. He noted that many homes in the neighborhood have sheds and therefore this is not out of character for the area. He stated that they are requesting a variance for the backyard shed to remain. He noted that when they proposed construction of the home, they proposed an impervious surface of 35 percent when the maximum of the property was at 48 percent. He stated that this request would be reasonable as they are still well under the previous impervious calculation of the property. He noted that the shed assists with keeping the backyard clean and neat. He provided details on his gardens and how the rain barrels work to collect water that is used for the gardens. He noted that he has two barrels and would add a third. He asked the commission to approve the variance request to allow the shed to remain. Planning and Development Manager McGuire noted an email received on this matter that was submitted into the record and provided to the commission as well. Chair Boo introduced Brit Peterson and Jonathon Peterson, 9530 17th Avenue N, commented that the subject property lost the grandfathered right when the home plans were approved. She stated that neighbors have endured five years of construction and numerous violations by the applicant. She commented that the resident parks on the street and has a trailer parked at the home. She noted that the resident planted eight trees on park property. She stated that the shed does not look great and they are ready for the applicant to get his yard cleaned up and be done. She believed that with the concrete driveway, the impervious surface is at 48 percent. Chair Boo noted that the emailed comment was in opposition of the request. He asked for clarification on the notion of grandfathering and how it relates to the timing of this application. Planning and Development Manager McGuire displayed a photo of the shed as it currently exists, compared to the sketch. She commented that Mr. Li is very educated on the city code and precedent of variance cases. She reviewed the two ways in which properties can lose their lawful, nonconforming status (commonly referred to as grandfathered rights). She commented that the property has clearly lost its grandfathered rights. She recognized that the applicant made 6 Approved Minutes September 20, 2023 a large reduction in impervious surface compared to the previous site condition. She stated that after 2018 the allowed impervious surface for the site was the approved 35.3 percent. Commissioner Wixon commented that it looks like the home fills up the lot much more than 35 percent on the aerial photos and asked how that was approved. Planning and Development Manager McGuire acknowledged that the home looks full when looking at the site. She commented that staff does have the survey and it does comply with the 35.3 percent impervious. She noted that the aerial view shows the eaves and overhangs which extend past the walls. Commissioner Wixon noted that he often walks past the home, and it is beautiful. Commissioner Fowler referenced a survey from 2015 which shows the setbacks and noted that the shed appears to be within the rear yard setback. Planning and Development Manager McGuire replied that the shed does meet the required setback. Commissioner Fowler asked if a portion of impervious surface on the site could be removed to offset the shed. Planning and Development Manager McGuire confirmed that could be done. She noted that concrete could be removed and replaced with permeable pavement. Commissioner Jerulle asked if a shed could be placed under the deck. Planning and Development Manager McGuire replied that a typical deck does not count towards impervious surface but if there were a patio or shed under the second story deck, that would count towards impervious surface. Chair Boo commented that he drove past the house, and it is a very nice home. He appreciates the work the applicant has put into their home and property. He commented that he did not see how this could be approved as the property already exceeds the maximum allowed impervious surface which was negotiated. He did not believe there is sufficient justification to approve the variance and noted the opposition within the neighborhood, therefore he was inclined to deny the variance request. Commissioner Fowler agreed and commented that while he understands that there was more hardcover on the original site, the 35.3 percent was agreed to for this site. He noted that a permeable walkway could replace the existing hardcover to allow the shed to remain in place. Commissioner Markanda commented that she appreciates and empathizes with the work the applicant has put into the property. She stated that she does not find a fair and equitable way to approve this request and therefore cannot support the request. 7 Approved Minutes September 20, 2023 Motion was made by Chair Boo, and seconded by Commissioner Jerulle, to recommend denial of the proposed variance for increased impervious surface at 9600 17th Avenue NW. With all Commissioners voting in favor, the motion carried. Adjournment Chair Boo adjourned the meeting at 8:23 p.m.