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HomeMy WebLinkAboutPlanning Commission Minutes 09-30-1981Page 253 City of PlYpiouth September , 081 regular* meeting oft snub Planning- Cumip scion was called to oreer in the Coen -A i,.Chambers of the Plymouth, City Center at 3400 Ply%outh Boulevarda P.M. by Cheirworman Vasiliou. F,7gas Magnus Paubal and ° en,ald- ommissi ner Stulberq arrived later in the fleet MEMBERSR `, Commissioner Barron AFF Community Development Dit otr Blair Tremere Cot-,,imunity Development Coordinator Sara McConn Planning Secretory Grace Wineman MOTION by 0mmissioner° Steigeniald,seconded by Commissioner Wr . br y nus she Correct ion those R n reference V- two Cntf i f a ro- sal deleted j d r- n!° the application of Mar u rit-e Schiebe for Lot Division/ Vi.Rrante- 5 sees, unanimous approval. PUBLIC HEARINGS Chairwoman a i l i u opened the Public Ifearings and DON MYRON- F"'RELIMINVKY announcedthe firstitem on ie aoonda. PLAT FOR LARRY LARSON The Public Hearitig was published in the legal newspaper and property ownars within TOO fent 4ere notified. Reading h September 2 , T981 Staff Report was wa. Mr. Don Vlyron was present,representing p ro Larry Larson, he had no questions or -lomments. Chairwoman Vasilinu r cogrtized Mr.Dennis Pledtke, 14425 30th nu.,, North who stated he had no cormvits to make on this iteml Chairvivan asiinu closed the public bearing# MOTION by Cntvwi ss on r Poubai, seconded by Conmissioner Wire to recommend a9provel of the prellminary plat for Larry Larson of two, existing lots located generally southwest of County 9 and 70th kenue orbubje-c the following conditions., 263- Pace 2641 ne ¢ ti i as is gj s" a c° - } } z 3 =4 _c+:aram er 7«. 3Fi'w,fi$ R FA re 6' s.;I'Tt .'.3[a 4. [v S+., S. # SSS hrt a'$ $' 17i Y ii ?$ck 2. A name k r the pr, -,,posed s a 1 be 1ded as apart` of t ;,0 plat ,gip i m Chairwoman s celled for the vote, 5 ayes. MOTION <.arried armr rr Vasil, iou it r ,,13 d the next itern for DANA CORPORATION "SPICER Puhlir, Hearing), hreading ptember 22t I 9ZI I ADDITION" - RUONING AND Staff Reportwas waived. L T RPVY PLAN' (81054) Rick Sathrer r est, Inc. wtho represented he petitimer,, stated he had no s io s or . tints. nolrwo r r. Vasiliou closed the Public xJoaririg. As +hero was no further discusgion, the MOTION to act on this itemonightws made, by Commissioner :Aire, seconded b p. i err r'S (Age -m , 5 ayes, MOTION carried. MILT IA by CommliqsiAner Wire. seconded by Copmnis0oner tZtei r wi - to roco men pr -al of the pray t rr r' rr r €r for *lana Corporation for "Spicer Addition" located s ;fth re r°q Lane and flighway 55 subject to the following conditions: I. Compliance with the City Engineer's Memorandum. 2. Removal of all dead or (twing trees from the property t the _war's expense, 3. No building r ' s shall be issued tmtil municipal sewer d water are phystcally available to the site.. thirty-foot Wase-meat shall provided along e gest side V-ksbur Lane and i.n lioOutlot X, , foot wide, -,%ail easement shall be provided along the scwth side of 'Iedine Road* in. Envirommmtal Assessment Worksheet shall' be submitted ori6nr to Inbmi.1tal of the final plat rv q r fir min: mum. 'Floor elevations dor new structures in subdivi ns :),r on sadjac,,nnt to, or containing open storm watl r Xtra i ; age facility. Page 265 Planning Commission Minutes pr 3 M NO buildingar ra s shall he issued:until the final plat is filed and recorded wit Hennepin County. 8. The final plat application shall includea General Developnent Plein dlemonstrk,tinq how Out i of S can be day l pa or _ ow the nrr Chlairwot'r-taq Vasiliou asked for the vote, 6 ayes, MOTION carried. Chdirviomaii Vasiliou introduced the next iter and asked ROBERT MIDDLEMISr for staff's revise this nnlication. Staff reviewed E IMI T AND the September 22,E 1981; w epoit, ,aNCE FPO, "MERRY n'. Public Aar nti ilotire has been publ i shed in the legal newspaper aad woperty ownerswithin 100feet were n tis -, Chairwoman as j opened the Public Neai-k and recognized Dick ,0r.. , 41 Wayzata Boutevar represent s nt req the ti i ner. rMrsKrr introduced Mr. Robert Middlemist. Mr. Krier rade his'presentation arra discussed hvariance requests which ated are in order because " the uniqueness of Vie parcel the particular physical surroundings; the "hardship" caused the 'Plymoath Zoning Ordinance; noting previous approved develop- wents, !n h,-% area, 04i proposal would not be detrimental to tiie area; and traffic circulation was consistent with City plans* Mr. Krier coomiented that the lot sizes as proposed are torr- 3istent with otherdevelopments in the,ireal. Mr* 14,i r stated tboy had considered the rezoning of the property to R - IB tlow density residential) D°o ri ,, however there wool still' bq ire need for the variance requests and it is their. contention that this parcel is surrounded by devf0opments with higher densities. lie addressed tlhe drainage, whith has been a concern, And stated that the wetland will not be filled r drained ars e r ,ar si e erosion + ntrimethods, at the back of the parcel. He further s at ; that traffic generated wi 1 i be similar to what is qenerain neighboring areas; and hat Vie developmentwill not affect light, air,. r be detriplentalthe public welfare. qtr. Kri r 4tso stated that rezoning mu "Spot onin " wtricar he considers to be poor planning., He stated the parcel is ton small for a PUDIO, Planning Commission Ninutes September 1981 Commissioner $eiqerwald inquiredby rezoning to R-iO was not requested sine thern, are detachedr * Mr* Krier reiterated that Variances under the existing 111- n i n would be easier and would not b "spot, on n % Robert 141udlentistl. 4140 Ximra.s Lane, statcl that his development will rr ial to first h-tiehc-tie buyers as hois planning his boxising will be. ia the erica range of $75,000: $100,000, or which peop'ie who need bous`t'nq can financially oqalify. He stated he ws. w-i.tc to develop land which. has Seger constraints whit did not create, Cr r viomnVa sI icy opened the Public Hearing. Larry Docker, 2805 Revere Lane staged that he disagrees with Oe contentton that: surrkoundiiig lots are T.Itall, and the development density is.h%h- Ue s - that in his area most lots are larger and bom varies ars higheri, lie stated i s concern about traffic and the connecting streets r t are planned that will :1roduce more traffic and nuise. He objected to tree opening of the Quaker Leas rnl d -sac., He stated he has made a, Wq-`nvesttrant in his hotue and he is very concerned about neoDorty values. Chairwoman 'si l i on seated smaller jots do not necessarily produce low value homet,- ,She also coavented that the`plans would ire reviewea in t rms of the City Thoroughfare Plan. Thomas Glodek,,10416 29th Avenue Noah, asked staff to expl,,Irthe recotmaendations in the stw f naport. Staff reiterated tie approades the Planning Comirission aOd take. r* Clod s --t" 2 his concerns :m the savie, as those voiced by Mr. Decker, ' he feels ,- lances requested are too numerous and that the development does not east the Zoning Crditiance standards. Steven * llom ,) 3200 Pilgrim Lane N,-. stated he wns property 'adjacent to the Middlemist propert;, and he i s r,),pcsed to this developmer.t. he asked questions about setbacks and -sked where the homes world placed, on the lbs and he was concj rn d about drainage from tlxproposed t vo pnnt, He suggeste-J felwrer lots be considered. 26(- Page 20, Planning Co,,v ssido Minittes 5September 30,, 1981 Mr. Hoirne was also nce n t: with property values and commented that the proposed lot e `are too smiffl. Chairwoman Vasiliou noted that the ,,,flmt C.ntract outlines the provisions for drainage.. and the Endl nee 's Memorandum .s l" out the requirements* Chuck r k sr d, 1021E 31st venue Re., stated h recently purchased rn iYty nearby and is building a home. lie commented hip property is sortth and east of the cul-de-sac oa Quaker Lane, n his primary concern i -a exlkerd4nq the road to ;his cul-de-sac*' He stated he bought the property because ? its quiet location and this A plan will bring about increased... traffic and noise. He felt.. the.: Cite should consider a change its the road location which would still alive the area gond traffic circulation. Ali hal at -ti ,. 10375 29th Avenue No, stated he had no c nts at this time. Ison Anderson, Jr., '1000"I Vnd Avenue "o., stated he is the treasurer for the Tiburon Homeownrs Association and is speaking n their beh T,LMr. Anderson stated that Tiburon is z rind area r. LIO cowuTon ground and open saes_,. Re cotTmiented that,last home sold listed for aboull 0,000. Re stated they oppose the Mid leer st d vele ilient. Nick sch ider, 1425 Louisiana Ave.. No., stated he is a home builder/ developer in this arca ana he does not agree with the statements made by, the petitioner as to scull lots and high density in the area. Mr. Ldscha der stated that l $ housing in the area should be al i t housing., his opinion that higher priced homes are selling better than lower priced homes. He has s rvi Y d economic downturns and would not consider building "Junk" Just to ma%e a profits Ken Moland, 3102 E. Medici ne Lake, 81,vd,, stated he is representing the church property whi.:h is adjacent to the Middlemist parcel. He commented that Mr. Midt;lemist had approached thewt sell hire a portion of the church's property t t ey have no intention selling the land in the near td tate they ars also concerned about the traffic low. Page 268 Planning Commission a n tes September 30, 1981 Alannsr ,, 3061-A Quaker Lane No., a ed he Dens property near* the 'proposed development and the smallest lot he owns is 16,500 1 q.k , wi three l ° ,Ht sn ti rn u e roa w e4 1 n and trafficpe erns, A jqas his opinion that large, lots should be maintained to support lthe,wil4life and plantlife in the area. He stated be` had consistently , ec ed to the 711"ho'roughfare GuidePlan for this areand ite particularly obJ - s to apeningh Quaker Lane cul-de-sac. noted the Tfu developmenthas a transiticl- of eta cd homes., He stated Oe petitioner was "foolish"to buy, t -his land on the basis that such extensive v i -Antes would e necessary* Barry Tot -man, 10390 29th Avenue No, stated he has the sane concerns that have been offered by the other speakers, Glad : Utaft, 3020 Quaker Lane, asked what the price c :v e of the linpie proposed would be. Mr. Pliddlemist steed again Viat they woul be in the $70,000 +1e $8b,000 price braLket., Chainvonian sin advised thy- the developer is not torinOtted to a price range at this point of developnent,, and that the Commission is consideri:)l only the preliminary plat and variances and wi not address building design* Ms. Vtoft is apposed to the let size sr sed Sh s a paid much more for her I and feels this is riot ' n r - where low pricusinqshould be built* Catiien Vethe,x0210 31st Avenue North,, sated she live!- close to the proposed development and has the same concerns as other speakers She inquired add; the start of cdnsrdion on one home in the proposed devellopmeqt, area. irwo' 7 ar Vas A leu called on staff ( C.Wient on this and staff stated a City Ordinance ws construction of a home, on a lot with street access and € t i i ies. The developer had receivedCouncil appear 4Cstart this house even with a la` pending s i—t to a wry en agree;cent for utility connections. No presumption has '` been maae relative to any variaes- The present 'construction s ae E Les V.1isterberg, 10135 32nd Avenue moo., seated his concerns are ,the swine as those discussed, and he' feels this development is net consistent with other homes built in this area Page NI 0n-' Co-,.,Mission M. ks Septemberr 3 .; 1981 Charlene I:estrum, 102120 Asst, Avenve No.., again asked for clartfication of the e range of the ems proposed to be built. t. Mr . MiOdlemisf, again r>tated therungs would be $75,,,.00-11o $30,000. Mir. MY "lea-tist stated bre doesn't 'build Junk" and he yakos pride in the fc-mes lie builds. thin., IMiddlendst contended that the lot sizes proposod are cbmzpatible with those lots to the north and south of his property. He sltated,he too` was concerned with vans $, and he cited his experience with his"Lo a' 'e Woods, ° development where thane is a range of prices. He stated this s a problenn. site and the economic issue is pricing Boas so peop7e can qualify for financinq, lie stated his circulation, design reflects City Plans, and he t,,muld prefer riot to have a opening the Quaker Lane cul - -sac. Rod Wstrum,, 1022M 31st Avenue Il ,*, stated it his opinion that the City of Plymouth has done a good Job with Va nin for opec Space but that this proposed development will l im4t open space for the people who will live there. k r na Lewis,,, 2nd livenue North stated her concerti s for the moded areas and would not like to see this tompletely I-Juil4t over., 14r,, 11fiddletmist anzsuro.d 411i4they wail 'Move as few trees as possible. Chairwoman Vasiliou closed the Public flearInq* MOTION b,Commissioner; t i rw., seconded rsa.ami s ioner eine to defer action on t:ais application t r~, pr" is rn,F plat ars variances,, and that the petitioner be directed to make application for rezoning -IBS which will b ons- i d .l -; concurrently with thIts, petition. Roll_ Call Vote, 6 ayes, C.d iss n r St "bar , Ao justarrived,, abstained. MOTIOIN carried. ram ssion r Wfire stated the petitioner should reanalyze the lot sizeq an & a1 rc mi the var* sakes m. C"Op aai si over Steigemald page 270 Planning Commission tlinates vqptenhter 30, 1981 It was notedthat the rezoning petition will involve a Public Hearing ` and notices will be sent. Chairwoman si g mme el.that those citizens concerned with the traffic ,problem, ou i ss i th's Thordughfare Gaideplanwith theIr elected officials. Chairwoman Vasiliou called a 10 minute recess. Meeting €gym at 9*00 P.M. ChaiiNionian Vasiliou inlZxoduced the°sten as a DEKOCO COMA - PRELIMINARY Public iii and asked staff to revise the PLATIVARIANCE (WO) September 18, 1981 Staff Report. A Public i'learing Not i e has been published in the legal newspaper and property owners within 700 feet have been notified. M -c ., O- 7035 Wl Blvd., represent -ed the r t€tuner and gave a brief present ati on* He introduced Mr. Dein ` . n purchaserl Bob Thane, Engineers and, Ed Hawk. fie stated that and Mrs. Rod Brannon ware present and their interest in the situ is a possible location for their business,, Solar Car dash" Mr. Gair presented graphics and discussed the correspondence relatinq to the variance requests. He stated the curb cuts have been mininoized and the designated access provides gond trafVc main. He stated the ti-nr giants to market, the laid,. He stated individual 9 - uses require less site area than the sig `$n£ require-nes n hisjudgment. petitioner wants tmaller sites for the individual 8-2 uses h feels are viah1e. Chairwoman asi li opened the Public Hearing. Mr -George l i s, 3620 Trenton Lane,, rep)resentinq the MlidEasv Plymouth Homeowners Association stated their concerns with possible and proposed uses for this area, su h as the speculation that there b six 1st an s and n i i n , i n the space of one-half pi e,, which in his opinion becomes a business strip" and does not fit the plan for this area which is a- gate- way to the City. r 9 3 r 7 j Page 271 Planning fission Minvtes Se nh 1981t is) i nr;Steiger-okild commentedthe drainage for the site and asked for the location of the pond. The petitioner's engineer dnsviered.4nd described the ponding ares.,. Comnissioner I -lire recalled that the City Council Minutes gave direction regarding r tins* on t1hie, Neyer-Gonyea partel adjacent to the east. Staff verified that Council directed that the curb tuts be part of thesite plan r views Mr. Rod Brimion, 1622 'innsbruck Parkway,, stat -ad that- he had slides regarding the "Solar Car Wash" business if the Commission would like to view, thee. The i m ow s ` sir _ tmss is. l isss specitic tises at is, titne. This hearing is for prelimit ary plat y and hinked Mr. and Mrs. Brannon for their tc-r s in the proceedings. Mr. Landwehr stated he represented th ownership of the lands church still bras fee title interest. e s f ated ire was p r ua e by the Brannonis to colmleruce platting s the land ,afi be, e for their use and Queer m er ! al uses- fie stat,(,: I he had recnived numerous, inquiries and would like provide smmlller is usss are fterested in- eAtip ChairwomanVasiliou cl osed the Public Hearing. IM,IMOT10,11 by Commissioner Wire, 44;,conded by Conralssoner Stulberg to action on, this item,'this evening, P110TION passu unanimously. Cen.missioner Magnus inquired whether there had been ars effort to incorporate it wi the Meyer-Gonyea acrdfor Rockford Square sites. Mr. Landwehr answered that the other developer's had shown no interest i rrncor ora `i their developments, stated that because o tura r ad4a s r had need cooperate with i proposed deTelopment. a r who also represents Meyer-Gopyea, stated the final plat was heing prepared for the land to the cast, F PIr. ar w r l s stayed h a analyzed the i s g err s proposeds residential developitient in Che areq, and he believes there is a need for fast food restaurants. Pa q e 272 Planning Coits-atissior Minutes September 0 1981 maiwn 11Y Commissioner Steigerwald, seconded by ChairwomAn Vasiliou to r ; nd a ria. for the liminar dr ekoc Company located in the northwest tl a rar County Road 18 subject to the fol cu :x nq and i n I. COMIpliante With the City 'Enoincer Memorandum. 11 of all dead or dying 4- re. at 1, es fror, '16-hre property at theowner's expense. 1, No buildingr be issueeduntil runicipal sewerand %ater are physically = the site. 4. 1"ayment, of Parkdation fees-in-lieu of dedication n accordance with the Dedication Policy In effecta the time of filing }' 'Ube final pTato 5. l l ante withr Council Resolution No. 79-80 regarding dr elvations for neer structures and subdivisions, or on sites adjacentn n ain n any, open storm water drainage < ; . W No building perinits, to be issued until be final plat is filed and recorded with Hennepin County. 7. The .final plat submission should, include a final plan which provides a more unified and cohesive development, The approved lot width a ri ince of Q*-S feet for a lot _width of 137.5 feet for Lots 1 and 2. MOTION by Commissioner fir t seconded by Comi.issioner Steigerwald to AMEND`by adding a 9th condition. All conditionaluse permits will ' v wd on tlixiei r individual merits after final plat approval, V-*iter the site plans. ner Steigerwald stated his ;original Motion does not endorse any. specif ic u Roll Call Nuts} 5 ayes. Commissioner Wire, Nay. MOTION carried' Roll Call Vote on MAIN Wl"ION once AMENDED,, 6 ayes, Commissioner 14ir ,, Nay SOT IOC carried. r ion r° I-lire stated hiss negative votes were based on his opinior there i' no justification for the variances, Page 273 Planning Commission Minutes Sept -ember 30, 1981 NEWI BUSINESS O r n si l n rod d the lir t item o IS CONST Plus n ss The reading of the September*= "'3. 198CO. - PUD FINAL AN AND staff r ,,.port was waived. PLAT FOP, "D RA E11 IL Nleil Weber o Schwarz/Weber Architects r rc.; n the petitioner,,,, r. Bernard Bari who was also present* t1r. Weber addressed the Septembe, 21, 110.81 Engineer's Memorandum andthe, items which, were checked "nn" lie stated that number is no problem; and per number plans will 'b submitted the end of thisweek. Number was taken care of earlier. Number 10,, permits`,, wi l i be resvd numbers r r s shown on b r plans; numbor 16 willom i d with-, number 21 is not clear as to the intent; and n ember 22A requires, to i b is not needed since erre of the condtions of approval is that no permits can be issued until seer and YtAer are available to the site. Mr. Weber stated concerns with the requ-Irement of item no.. 14 of the Engineer's Memnr n m. fie said the status of Abe existing outlotr i t d : rsr Ila He cited a letter from the planning stiff requiring the outlot, oe incorporated within the plat per Council d r ctio , and staf'f's objections to the, original submittal which did not do that. He noted that now the requirement is to have a separate Ir lot for street purposes which is virtually the _same as the original submitted. Chairwoman Vasil i recommended that the petitioner's concerns relative`to perceived smisdirection and misinformation, b put in the form of a letter to the City Council so, they aware of any problems. e stated that technical engineering matters shouldbeclarifiedwiththeEngineerpriertoiheounemenq. Mr. Bernard Barr contnented he feels processing this application has :taken ton much time. Chairwoman VasIliou responded that the`plan"review process had been working well for complete applications wbie were in order~ per checklists,, Ordinance requirements and Council directives. She suggested conCerns about undue delays sa d s be adreed b letter to the Council. Page 274 JW pla'"ningf"Olmm"ission Minutes eptevnber 30, 1981 PM f 0! i ne 'dire, seconded byai ssi Deer St ei er to recommend approval for the PUD final plan and plat for Wwry Hills Construction Com for " eer en`° located south of County Road,10 and between Deerwood Lane and Zachary ,.ane subject to the following I. Compliance with the City, Engineer's (ilei,llor ndu', 2, Submittalof required utility and drainage e meet as approved by the City Engineer. 3. Submittal of easements and grading plans for approved trail corridor. 0 buflaing perfaits to be issued unil the final, play. is filed and recoi,ded with ffk=epin 'County. S. The Ordinance rezoning this property b l be published aeon evidenC-o that ube final plat has been filed and recorded with He nne,k n County. Oudot hal be deeded to the a t a for r purposes; 3 -foot wide trail easement shall be provided along the tie t side of Zachary Lane and the trail shall, be properly improved in accordance with the Park Dedication Policy; ick,; thus, Park Dedtin requireerrients are satisfied for the PUD* 7. Grading for the trail shall be done with thee., plat grading and the surfacing of the trail shallbe completed prior to issuarice of building permit for Lets 11, 12, and 13. 8. Removal of all dead, or ming trees from the property t t..owper's, expensr.,-- 9. No building permits shall be issued until municipal sevier and water are physically available to the sites. 10. Street nares and numbers shall comply with the City's street naming system. 1. Compliance with Policy e tin No., 79-80 regarding developments adjacent to, or containing storm, water Molding facilitie # I ome m,er i t ion documents and covenants shal* be re wed and approved bye the City Attorney. 2°"t"" Pa 275 September 30, 1981 Roll Call vote, 6 ayes, rriviluil carried. a rw*mart Vasiliou Introduced the next item., reading OLP CONSTRUCTION MPAI . of the September 18, 1981 Staff Report was waived SITE PLAN FOR NGST ' INC. (81040) ftr. Brent Nelson, represented the petitioner, and Mr. Card Lindstrom was also present. Mr. Nelson, stated his question regarding number 4 of the Engineer s Memorandum addressing deferred assessments andr sewer,. Chairwoi,.ian Vasiliou recommiended thy -6arify thiswith the Engineering Department before this itera. goes o„- e City. Council., Commissioner 1 r `s concern wa s regar0i ng the ins dd d areas and whether thert was assurance these areas will be kept up and ozaintained. Staff stated that condition number 9 in the staff report addresses mai4itenance and suggested that the w rd Hand” e a (! d to read "shall be maintained, and free from noxiouss p ant t atr a s`. MiOTIORL by Coissioner Wire, r, seconded yjilg i ss r cn r Pauba to recommend approval site plan for Volp Construction Company for U nd trcm`s lo^ated at 9621 10th, AvenueNorth "east of County I 'I, rid sdb, ons w p Tante Ath the Engineer's Memorandum. 44, Payment of Perk Dedication fees -in -lieu of dedication n accordance with the Dedicatlon Policy in effect at the time of bvildenq Permitissuance* 3. 1 All viaste and waste containers shah be stored within the 'structure ger submitted plans to be approved by the 4ullding Official,,'and no outside storage is permitted* T! entrance r: and` fire aussastd No Parkin - Fire Lane". 4 Submission cif required n nc i s a nte for completion of sitec Tyro eme is tamed 1 -or -4 flqonths. a Any signage, shall comply with the Ordinance. Submission of required ora nage and utility easements as approved br the i t tngineer. Page 276 mission f-linutes September X., 1981 8. Rern*val of existing structures 9, The site area not otherwiseimprovk--d shall be maintained and free from noxious plant materials* Roll Call vote, 6 ayes, OT' x,arried. Chairwoman Vasiliou introduced h next i ii reading VOLP CONSTRUCTIONCOMPANY of the staff report was waived. SITE PLAN/VARIANCEPLAN/VARIANCEFOR Mr. Brent NPIson represented tha petitioners and -' Mr. Dave PetersGn arra Mr. Dennite Wlatt, owners,, were present. Messrs, Peterson and inquired as to which variances :had been approved. Chairwomanwom Vasil ou st tia-that rib verb ices were apn1roved at this p in and variance-,tX,ecaval would be part of the nms ior' rd ,i s to C + Covincii. Messrs. Watt and Peterson addressed the Engineer's Memorandum and s propertyust be hooked into the Citystorm serer. They ;stated their building was built per approved plans in 117 -1975 and because the now codes and r T re Mants, i t i s ne ruissary for= them to request varianecs gey .stated tb, - hos never been a drainage, probletti, on the site bib is below s.agara Leas and 27th Avenue. North and has a natural eater floe to a sw,tie northeast of the site. They, inquired why qhb ri v building which etas just constructed last year was not required °fib hook-up to the storm , drainage system. They bare concerned about tiadditional expense to book into t Ie storm sewerand felt' that natural drainage would be better. Commissioner Steigerwald inquired why the Engineer's Memorandum requires this site to hook into tha stony sewer system, while the neighboring building was apparently net re uircd to do se* Staff advised,it is City policy to require store sewer connections where sewsr is availably, and the building to t b, north perhaps did net; have sewer available since the sewer is in 27th Ave, No. The City also has approved plans which adequately demonstrate controlled drainage on site i n l y ou of connectionto the st r kt sewer system* Page 277 Planning, Commission Minutes September 30, 1981 staff noted that the Engineer's Vlemorandum does nit require con= nection to the City storm sewer in the suet; a.1t,* her., the require- ment is for an -%n-sitp catch basin and pipe to direct the drainage to the approved t1rainage area* The petitioners stated, if that is the purpose,, they .'iays no objection. StallY recon nd=gid the petitioner clarify with the Engineering Department tei r questions regarding the; necessity of hooking into the storm w a er Sevier' system, but nosed that Engineering may be concerned with the building addition which `f increase he area of .ger vicu surfaces se that land ' is not available for natural drainage, and absorption. Messrs. Watt anu Peterson stated their concern abotst Item No. 21 of he Engineer's Memorandum c=iib requires concrete curb and gutter in the newar ng lot. They, stated they do not have concrete curb now, and putting it in would serve no purpose as the rest of Vie lot will not h ye curbs and gutters. They advised that there is natural drainage across the parking `pct and putting in the curbs and gutters might disrupt this natural drainage# Commissioner Wire m r that the Engineering Departmn see.a problem with the additional asphalt and larVer building and the Commission cannot make a judgment on technical requirements. hsuggested °Vhe Petitioners discuss this with the Engineering Department for Ori f c at i bn3 Staff believes that the t,tb items are connected, with the curbing directing drainage to the catch basin. Mr. Brent Nelson stated he feels their design provides adequate drainafle. Commissioner Steigerwald need that the Engineer's Memorandum ices state that the curbing is for drainage ccntroi and furthA.r explained teat the Commission does not act an such variances but = gives. recomme da;'. i ons to the City Council to cQnsider in their action. He asked that the Minutes reflect the petitioners concerns and that the petitioner was given direction to discuss them with tyre rig nee,, - n epartmei; before thisapplication goes t City Council., t4WION by Commissioner Stulberg, seconded by Commissioner tigerald to recommend approval -dor, site Stan and variance for Volp Construic:tion Company, for batt -Peterson, Inc. building addition locateded north east of Niagara Lane and 27th Avenue North and subject to the following cend i u: ons : Page 278 Planning Cotm,"lission Minutes 30, 1981 1. Compliance with the Engineer's lemor¢a du. 2. All trash storage shAll be provided within the structure and ria outside storage is permitted. Sub Mss"I'rr of re uire .ondal guarantee for comtion of the site r eA er-wrmed for -months. 4. No additionalsignageis approved. Approved variances include the request er the parking setback to a 'buil 4q G feet); the request to provide 15 feet rather than 20 feet for a setback from parking to the east property line and elimination of the traffic ' delineator, and direction is given to the petitioner and staff to clarify iters numbers_ 12 and 21, in the Engineer's Memorandum tNrior to the Council meeting. Mono by Commissioner Pauba to AMIENDcondition 6 by removal the variance for elimination o the tra i e delineator. el i hea r. The MOTION died for lack of o second. ha i rvrumarr as €tau called for the vote on the MAM MOTION,esu MOTION carried* ha nloman Vasiliou 'ntroduced the next iteral reading of the RYAN CONSTRUCTIONCO. September 18, 1981 Staff Report was ' waived. SITE PLAN/VARIANCE FOR BURNET REALTY` 7047 Mr. Steve Kingery, Ryan Construction Compary, stated he had re viewed the StaffReport and had no qijestions#1 Chairwomran V si l sou introduced Mr. Stuart Finney, representing the Pl m €nthRacquet Club. Mr., Finneystated that. the Racquet (1uh (1uhas some --erns relative to parking, access, and possible trespass across their site.: Staff stated that the' Racquet Club initially bad problems vehicles cutting through Jr m the Temroc parking lot and a the Racquet Club site. Mr. Finney stated that the Racquet 'tub it concerned they will have theL sass r h r with the Burnet hu f l r and will have to erect some type of barmier. They feel this is an unnecessary expense,. They do not want any "overflow" parking from the Burnet building n their property. Alft 278. Page 279 Planning Commission f4inutes, September 30,, 19811 V;r. Finney commented on the question of refuse storage and where on she site -.t would be. located. Coaqaissioner Steigerwald advised that refuse storage would be inside the bt.41ding a required. Finney stated the Pacquet Club is co:&cerned that the Burnet` building ;,il l not have fireat . the Racquet Club was required to have fire lanes and it wou,d seem possible that the Fire Department would use 16.hf; Racquet Club fire lanes and pat--kinglot if the necessity. arose. Cho rw n Vasiliou stated that the Fire_Marshal required the Burnet building be sprinklered and this meets the Fire Code regulations r ata the fire lanes.or all sides of the building except the rear.. Mr. Kingery statedhay, they have redesigned the parking so that there is only ''one<a e s to the lot and the number of parking stalls are pe- the b,,-ilding square footage. He reiterated that Pdi qviii be s rin i r d, and they will be adding fire h d an' -s- He also is ned that their variance request is necessary because of the w d ning and upgra.Aingof Cheshire Lane. Staff stated that in regard to Cheshire Lane the compensation was rade `for the right-of-way, and i was staff's opinion tha° ther )tig !ZaVout could beput in without a'rianc s, however, this is a designonsgd rdtiia 0nee it relates to the size o the building,* Chairwoman Vasilicu stated that it is apparent there could ` L a problem with overflow paring onto the Racquet Club In Staff cot%,. gated that the problem coming from the Temroc area was the fact there was no curbing Installed,, and that curbing will b installed for the Burnet parking lot. No design can guarantee that some driver won't try to cut through, or park in the Racquet Club lot. However,, ; the access ti the Burnet site should dis nu r9e this. n nissfdn r agnus stated ha i driven in is a(Highway 65 and `hshirrnbro Lanes) and accessibility is nd stated Real Estate Offices can generate substantial' traffic. Staff stated thathel engineers have studied this ,problem and feel: that people will realize that to easily, access businesses n the east side of Fernbr• n , they should come from the south 279- P a e 230 Planning Commission Minutes Septemwv.dA Mir,.`Kingery stated that as a Real Estate Office, the traffic generated should not be high, Nit because of the location of this site. any bus4nesi going in``het,e would have the sears problems. Commissioner Daub#, cotmmented thatReal office' near his -affice qenerates vry littip,traffic Staff reviewed Oe history of the Burnet site,,. noting that it i reninant parcel in a 6-3Zoning i st r i , and,the use. s eo ns l N by Commissioner Steigerwald, ' seconded mm s n r Pauba to rnd approval for site plan and variances for Ryan Construction Companyfor Burnet Realty, located sir e s Fernbrook Lane and Highway subject the following conditions: 1. Compliance w i° the E n i neer's Memorandum,. 2. Payment of Park Ded-icattion of o Ali n in accordance with the Dedication Policv;in effect at the time of building pernift issuance* 3. All assts and waste containers sural l be stored within the structure per submitted pleas to be approved by the DOI U- Official, and no- outside storage is r " t d. Submission of required fin nc urn for completion f site improvements termed for 24 -months. 5. Signage hall be inst Iled per approved plan. 6. " area not ;otherwisenvd s maintained and shall free of noxious weods. the existing advertising sign shall be removed at the d v l is expense prior to occupancy of,the building. The " :ung shall be constructed with an.auton.atic sprinklet systeti that complies with N.$%P-A. Pamphlet 1. in SW4-faction of City Code Fire Protection r u r mints relativeto the Fire Lane variance. 9. Approval f r two variances for 5 feet from h minimum, parking Setback requirements, MIDDLEMIST TA7H O yp,y : KR#Ck`xi.,.x sy s. z_ br. i A 9f frt m" i=•• -., ryy • z: . „ dv a el k ICI gA Ya 4 4 4 T 4 z