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HomeMy WebLinkAboutPlanning Commission Minutes 03-05-2014Approved Minutes City of Plymouth Planning Commission Meeting March 5, 2014 MEMBERS PRESENT: Vice Chair Bryan Oakley, Commissioners Marc Anderson, Dick Kobussen, Gary Goldetsky and Nathan Robinson MEMBERS ABSENT: Chair James Davis, Commissioner Gordon Petrash STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Shawn Drill and Office Support Representative Janice Bergstrom 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGEND MOTION by Commissioner Robinson, seconded by Commissioner Anderson, to approve the March 5, 2014 Planning Commission Agenda. Vote. 5 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE FEBRUARY 5, 2014 PLANNING COMMISSION MEETING MINUTES MOTION by Commissioner Anderson, seconded by Commissioner Kobussen, to approve the February 5, 2014 Planning Commission Meeting Minutes. Vote. 5 Ayes. MOTION approved. B. UNITED PROPERTIES (2013098) Planning Manager Thomson stated concerns were raised about the variance for wall signage. She said there is a freestanding sign on the site allowing up to 100 square feet. The Holiday gas station has 50 square feet of that sign and the applicant for this item is hoping to use the other 50 square feet on that freestanding sign. Planning Manager Thomson pointed out if this additional information changed any commissioner's opinion about the variance, they could remove the item from the consent agenda and discuss it. MOTION by Commissioner Anderson, seconded by Commissioner Kobussen, to approve the request by United Properties for a site plan and variances for a new office building at the southwest corner of Schmidt Lake Road and Highway 169. Vote. 5 Ayes. MOTION approved. 6. PUBLIC HEARINGS Approved Planning Commission Minutes March 5, 2014 Page 2 A. DANIEL GUSTAFSON (2014001 Vice Chair Oakley introduced the request by Daniel Gustafson for a zoning ordinance amendment relating to docks. Planning Manager Thomson gave an overview of the staff report. Vice Chair Oakley introduced Jim Erickson, 415 Oak Grove St. #600, Minneapolis MN, who said he spoke on behalf of Dan Gustafson and asked for a continuance of the public hearing. Mr. Erickson proposed that a survey be done with the two immediate neighbors to answer questions where the property line is and if there are any encroachments. Mr. Erickson stated they do support the text amendment to permit a dock on a property that does not have a principal structure. Mr. Erickson stated they disagree with denying the amendment eliminating setbacks. He said there are some creative and appropriate changes to this proposed amendment that they want to bring to the commission. Mr. Erickson said the continuance request is to work with the neighbors and staff as they have some ideas to work toward a mutually agreeable opportunity and practical solution. Vice Chair Oakley opened the public hearing. Vice Chair Oakley introduced Margaret Evavold, 650 Third Ave. S., Minneapolis MN. who said she represented Joseph Kenyon and Lymari Santana. Ms. Evavold said she opposes the continuance request and is not sure what can be achieved. She said a survey won't change the request nor have a bearing on the city's decision which would apply to all land. She said there is no dispute on the size of the property as it is agreed that it is a five-foot strip of land. Ms. Evavold said the neighbors have been dealing with this since last fall when Mr. Gustafson's request for a dock was denied. Ms. Evavold said this meeting was noticed for two weeks and she is not sure why Mr. Gustafson or his attorney were not here. Ms. Evavold said when Mr. Gustafson purchased this property he didn't check with the city first if he could put in the dock. Ms. Evavold stated her clients want a decision and the Planning Commission has all the information it needs to make a recommendation to the City Council. Planning Manager Thomson said typically when an applicant requests a continuance, it is granted. She added there is time to allow this request within the 120 -day time clock. Vice Chair Oakley said one purpose of this body is to allow people to have their say. He said the two people who are most familiar with this application are not here, and he is not opposed to granting the continuance. Commissioner Kobussen asked why Mr. Gustafson and his attorney are not here tonight. Planning Manager Thomson said the attorney is not in town, and Mr. Erickson is representing Mr. Gustafson. Approved Planning Commission Minutes March 5, 2014 Page 3 Planning Manager Thomson suggested continuing the hearing to the April 2, 2014 Planning Commission meeting to allow staff to react to any additional information from Mr. Gustafson and counsel representing the neighbors. MOTION by Commissioner Anderson, seconded by Commissioner Robinson, to continue the hearing for a zoning ordinance amendment relating to docks to the April 2, 2014 Planning Commission meeting. Vote. 5 Ayes. MOTION approved. Commissioner Kobussen asked if there are other lots in the city with docks and no principal structure. He said he is aware of several lots owned by homeowner associations and semi- private parks that have no structure. Commissioner Kobussen asked how this law would affect those lots. Planning Manager Thomson said those cases where there is a dock with no principal use would be allowed to remain. She said an inventory of existing docks will be presented to the commission. Commissioner Kobussen commented all the lakes in the city would be affected. He asked how this five-foot lot was created, who has owned, maintained and paid the taxes. Planning Manager Thomson explained the five-foot fire lane was created for access to water prior to water being available in the street. She said this was common on lakes throughout the region. She stated she does not know how it got into private hands. Planning Manager Thomson said Mr. Gustafson has had a contract for deed since June 2012. Commissioner Kobussen asked how you define the setback once the dock is in the water with no property lines. Planning Manager Thomson said past where a dock is attached to the land is beyond the jurisdiction of the city. Commissioner Anderson asked if it would be possible to have the dock placed away from the shore. He said if the text amendment is approved, and the dock is placed away from the land, the owner could canoe out to the dock. Planning Manager Thomson reiterated that once the dock is past the low water mark, it is outside the city's jurisdiction. 7. NEW BUSINESS 8. ADJOURNMENT MOTION by Vice Chair Oakley, with no objection, to adjourn the meeting at 7:27 P.M.