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HomeMy WebLinkAboutPlanning Commission Minutes 01-11-1984THE CITY OF PM OUIH PLAWMING CUONISS1044 1 1984 The Rll?tal ar `leet ld`1 th = Pldntlino cormi!'s s'lon was X -M led to order at, 7:434P.N. EIR PRESENT: Chalmveri °a -I pau, Commissioners A- t Rvpr1.. ixl M R AOSM 0immisslioner Stulbero andzitolverw l AFF 1 SENT,*,` Y;ff. Development Blair Tremere r tatat,Engineer 3ohn Sweeney MINUTES MOTt tai Commissioner Paubal seconded m Issioner Pk:a to approve tf'e December 21, 19,53 Minutesa uhm t,- ' ted. Vote. , tt T a tett < PUBLIC HEARING itaamoman V&,t,111ou introduced 'a re(,uesL submitted by Dr. DR. AND MRS. GORDON and ars,. Cordon:Johnson , for a Conditional Use Permit and R ON[ D 1 A license, for a Dog Kennel on property .located at the soot - USE PFRI41T AND ue-1 - or er )f Vicksbtim tane dod County Road 47. She LICENSE FOR DOG requested j review of theDecember 30, 19,134 sttiff report. KENNEL (831067) Director Tre ere summarized the request, not na that the petitioners cis l- t re to construct the kennel for their oas, along with a new home on the undue oiled property* The petit er has indicated that the entre cot.tld hold a to ttm of 12 eAoq . Reference was made to the petitioner's subml t t 'dcorrespondence and, review h ° the tth a Safety hector Doo kennels vire allowed In the FRn District as to Cot, I' Llsea ha1*rw),mt a *;dsillou Zecoqnlzed Or, and Mos. Gordon lohnson who g.Yq,..q9 ta yy'{# z th would answer qu t .r ri c neer in their ail_ 1 W'ttJ on. Alis a -e -i- cIauha inquired of Or. Johnson what oc, zurred in 197:9lit old-.- dIley re drding the operation of the dna kennel as latah-°:. lit the Public Safety Director'sreport.. Dr. 4' ht son that In 1979, an, anonymMus resident notified the 2oldet,. Valley Police (if a harkinct do . He e p ,aataed that he vlsitevl, Nvith ail the ad'okina neighbor -s'. who atw)ta had dog's, and At wds indicated they had aaca robe s with the dints owned h the hrasons. He further exp alned that he, asked th-a neiohbors to contact him a medl ately if they had arab concerns. No further incidents were reported. rw K P Planninq Comm 's s- 11flutes 3-a-nuar 1 198 4 u miss! un; -,r* Nuba, Inquired If the Johnsons would provide stud service and sales of does, Dr. Johnson explatned that they woutd have some litters, however, there is not a Flu market for the type of doe that th lv € W1111 Mrs. 3ohnson explained that It is normal for the dor . o be sold b the time they dry 7 to eeks old. Commissioner pada ineulired If there would he any sl ns the o f doas f 4r a h Dr. ohnsOn onfirmed there would be no slanage reqardina the sale of dogs. halrwomd,n Vasillou opened the pub itt. inq. c dca u $, 6045, Vicksburp Lame, *nt d if the kennel license and conditional use permit could . transferred to a subsequent land owner. Chairwoman Vasillou -oif .rmed that the license and ` p r it are not transferable. At e, she t Irmed that the I lcense and 'per r t are rev led and renewed on in diinu: a anntn tnp Commission Minutes Janudry 11, 1,984 H BUSINESS Chairwoman Itntrodu d the request sub .I tt d by Mr. RICHAD AND`MARLENE and Mrs. 3ohnson Po,, a Lot DIN 1 slo n a ad Vari an oe for t3 N TIISIO p e at ` ' AK tI RIANt f 61 a revteiv of the 3driudry 3, 1984 staff report. Planntner reHare explained the proposil to divide d Plaited of *Into two lots, Including vdrlanoes for the lot iz- of the proposed n0v parcel, and a side yard setback variatnre for the existing garage to the proposed common property, title. Per City Council dly doth' *idjaoent property owners were tn jt,n.fIed of the request and the meetinq date. public hearing ns not required for variance atnd lot divisions. Clea riyomti n Vasa llou r coo niz d the petitioner, lir. Richard hens nn, 17501 I(th Avenue North, who stated he was present to arnsnv r any questions concerning the appn.:"eatt nn Chaim cntt R VdSillou recognized Ni. pain. 3uno, 17605 10th ANenue North,, who stated that a 15 ft, side yard setback t the westerly property the (the common property line with his lot) was too chase. Mr. 3ung explained he has lived i n his reg tdetno or 5 to 0 years, and, that h moved to lymouu n from ppkl ns to ha-ve a large of He shred In thought; the area should remd1n as It ist and not chanae. Commissioner pauha Inoulred as to the location of the 3xn.stitng ltldC trees. Mr. Johnson expIdi n d that they R -ire to ated on the east side f the proposed hens . taatn Junq, 17605 10th Avenue North, pr ase nt d a pet } t nn which contained 21 sOnatur s rupresennt n tno opposition to the proposal. She stated those who strand the petition have the opinion that there is not, a s. gnn1f1'ce nt ,hardship to this owner to Justifyfy the var .atnras, however, r, there would be a hdrdship to the exist'no residences cane to depr Iat otn of property values. Mrs. urnp stinted that; the 7onni ng ptst?rt t standards should be. maintained, atnd th,,A the pr')pos d 15,507 so. ft. lot was too rnr,:-Vh of a reduction. Chdinyoman l as t ou reviewed the plativing staff comments of the Odnoary 3, 1984 staff report r gardi nq sneer n o PIdnninq Commission Minutes Elie Thomson, 17530 10th Avenin Morth, stated she has lived In her residence for 217, aril moved to Pl,,ymolith from 1'-° td in order to live wki d half acrelot. She hated the proposed lots do not have kifflolentM area, grid lnquid who would bo responsible for the pa ment fox- the required ut. *ii.t oonnef)ttolls. Cum.mtssioner piuf'-a responded that the petitioner would b re,-,ponttlole for the fees associated with the uttlity connecti.ons `< for the proposed lot. 14s Thomson expressed eonec rn shout' potentIat neoat I v impact Oil the value Of the exi tinq homest at"'? a precedent beino est4blisnedby approval of tete request. t°h riles Hason., 17610 IOU, %venue north, tats G' he chid not donee with the requested variances rectardlinct lot size and et dek. Hie recalled that In 1965, he submitted a petition for a one foot varix nee for a qdrape addition which a s nied. He ounf lane- that the c..U11t, hook-up o artkies Viould be the re p nsibllit of the petitioner. Tom Dierks 17615 10th Avenue 'Northstated that since th rf: would not he a charge to him for the ut llit connections h WdS less concerned about the proposal, however.. he still felt the, division mould affect the n iohhornood to c a ivel; He expressed concern about changing she P-hardoter ;of the saelobborhood, and offerors the alternative to, the petitioner of con ro:tlnq gra addition onto the existing home in order to enures it. Richard ohn ota petitioner, ;stated th xt he and his wife moved ,into the house in September, ` 98?, He stated that neig l orl a prop( rtle,5 Lots 7 and af' ri k's Garden Tracts nd Addition, were loss than the Ordinance minimum lot size. Also, he c,)mmented that the lots cn tl.e south side= of 10th Avenue Hdrtrl' could not topically be olvi :ted for additional buildable lots. He explained that the proposed lots did r p,ly with the required lot frontaoe and width* He expressed,concern about the size of the existinq tot arid the maintenance required of the .Lemic yard.. He stated the City seder system could handle one additional sinal ' family dwel i ing. hd.IrWOman Vdsillou confirmed from qtr.; 3ohnson that he h4 Int. nd d to divide the property when he purchased the lot. Mr. Johns )n explained that he ago;ild reside in OP new residence and sell the exLttinct Louse, Page, PI'dnalliq Cotrolission Minutes dnu r :' 111 ',' 984 yrs* Jlunq 11tiquI whether t - extstina,house would be rented. , r chnsczi stated be- had no , Intention of rentino the extst .nq dwelling. Mrs. unq :also commented that many of the Kits in the ' area are at least to U5 ; ftin width. lIn that the ex'stitt arae is attached U t h-, .0 !ust,, h approximatelyl 3 t . ,# itnd that the hou je; iYoul.d o imum of 25 ft, to the. j,)ropcsed c qmon propert, k, ne. C=ilssl ner i.1rc InquIlr d If the rea for involved with th< sale of the lot to qtr. chnsct encouraaed the proposel s eiw itr ohnscn Indicated that the t eattnr lnf ,uencm-J his d cis on to bud the property. Mrs. 3nng inquire ' If she cou4d Petition for a division proposal. ChaIrwoman Vasiliou explained ghat- a pt ti tyqyy,c n l "tedubtted n If. would be reviewed ray: .its yY mmisskae- Pauba explainedthat he dio not fInd that the variance crit.erla ilvere met and that It yid not ippear the parcel, ;could be divided without variances. MOTIU)N VY, Commissioner PaWN, seccnncd by Commissluner Wire RE—C-CA' E!'tDATTOM 6 to recommend denial of the proposed Lot Division and Vdr.lances on the basis that the Variance Criteria have not been rxatIsf . d, the existing lot Is in keeping with the r cI ghborhood chara.ctem ands that approval of the proposal as ,uhm* tted could set an undesirable precectent fi'or future Chairwoman Vasillou omm n that she did not f Ind good reason for ,recomi end nq approval of the variances. y Vote, 5 Ayes. MOTION carried VOTE Chairwoman Vasillou introduced the request suf0m teed by kir. ROBERT S V Y LOT Robert Seveyfor a Lot_ Div tslon/Var anc , for p t NISI LVARtAN located at 14100 County Road 6. She recognlzed kr* Ivy 060) who explained the history the,prooerty.. He explain d$, that when he purchased property 17 ears ate, it was a 10 acre site of whiah he now owns 5 acres. The 5 acres under Mr. c° ynershpi p( y}y is developed j,000 sq. y with pbuilding:. t0}{#3.'k i4 i11.7 It\..+ for 15 4.bI,A. 2yearsacto the adjacent pr€ owners, Wagner Spray Tech, verty purchased acres of t4r. eve 's original 10 acre parcel, and property adjacent to the west in order to create their present site. ratter III_ 19Mr. Sevey stite4, that three yedrs, ago f;,e `wds contacted by inner Spray Tech, who expressed do Interest in purchasine additional land.. The two parties came to a mutudi aree pnt for a trdde of scar,r pert e-ated f,jrtherk north In the I -141, -dork' f t:h lst nq eve site. :I re-esxi+ n -t antA' contra ts were entered Into and, flied wilth Hennepin county lac months after the transfer, they received n tl.fldatlon, that the laud transfers could not; he I Merl` at 4etine In County without approval from the l*ty , Mr. S-,vvey stated ghat,. in 19.81t a contract was entered into, w r°Wagner Spriy Tech for an option for the purbase of the remdininq ,area " Mr evey is site. Mr. liovey Staten he his spent some time looking for new locations for ls )us1nez;t and pursued, teelocation of his business U a slits in the City f Minnetonka. A redltor had also expressed interest an purchasing a portion of lir. Saver's, site. Mr# Sevey stated, that In May, °1 , both Waoner Spray 'p ch and the Interested real -tor indicated they were no on er Interested it, the property after they had reviewed a study prepared hy, the City's traffic consultant regarding a future interchange at Courtv Road 6 and 1-4104 Mr. Sh' ey Summarized that he met a Jth the City fiahager In order to inquire abouts the 1'11ty is timing to acquire right-of-way fo . the anticipated interchanae at County Road anal -494,- the City Manaqer responded that. the City did not, have d def-Inite time chedu e$ nor ivere the, funds avai.lahTe to, prnceed' with purchasinq any of h s property. Sevey met dgdI r with the `ate Mana r and with the 14ayor to discuss the matter of qaininq a resolution w1tn the Olty Co uracil. to stated t a as determined that ind st.r to address the issues of the inter°ch Lige his proposal should cd1l for a divislon of the site,. He stated: his two concerns are tc proceed tothe C,lt Council in order tt discuss, alae issue of thy., interchdricle, and to, realize the c e<itlon of a one acre par,: . to be consolidated with the ddjdcerit Waoner Spray T"h rt-- Ay, ra fission r WL- e requested a confirmation of staff's r co mmetiddt Ilon Director Tremere stated that staff recommended a 'two lot divisionon,,glstt.nofrc u,> ed Parcel dS n(- parcel., and the remaininq area consistingsting of proposed Parcels A arad C as one Farce' From a planninqstandpoint, the creation of three parcels wou.ld not be app ropraa- e i ash anuary 1 `d t 1984 ommisslcnr Wire Inquired how Parcels A tind C were to reOCAVe access kr. SeVey 0Xpl.dined that d` CUl-de,-SdC would be con t:rirctp d from rnbro .ane to service P rcels A and are the existina access to County Road 6 would e Chilrwoziida Vosji'll,ou reeoqatzed Cdr. Kvnn th Ester, Wa(Iner Spray ch, whv their interest with the creation o propos Parf el R so that it could ot- ca so) -icdat d with theIr property. Nh.%, Ester ectad that they did not wish to bd rW0Mdn VdsIllou confirmed that Wagner Spray Tech Is cursesft !Fa t . t ma rar basis on the proposed Arc . v w, .-wrifroed that after the P annino CoMmAssion mAes r cc acc to re .gr inn, the request, the d C a 10fi would br r essfurther for review hN tie City Councit. onim- issioner Plufti stated that, from aarrr ina standpoint, It ivoutd be logical'for' a two lot division to be allowed in ordor to enhance the consolidation of pxrop rty i l th Waoner Spray (-,,h. The third lot, at this timef wou1#' not make s(NIs * The Commission scussed the =r c n ai lcn for a two -tot (YVision. 4r e cy responded :drat he could not ' ore w4t z ;ct staff that a 51000 sq. ft. bulld,na on a 4 acro site, was reasonablesonable use of We property. MOTION by Co.mmissioner Pl fdca, seconded by 0airwoman RECOMWNDATION C Vdsiliou to recommend that two, parcel ' lot division he appr )ve d for thy ; creation Of Parcel B as proposed, w-Ith the balance to be a sij,.iqle pe col.` The creation of Parcel R grid its associated varlanccs is allowed base on th,intentions if consoli d tion'with the kid aucot property.: Th= Com Issioners rioted that the two lot division Was WTIAs ap r,)pr -te- however. the. it Council' should discuss wilth Mr v y the future _ use offifs, property with respect tc the dnticip to ' rpt c€parr Nuts. 5 A yes. MOTION carrlo . VOTE pdqe Janv,ir),e, 1984 nnet:.b Ester VIAGNER, SPRAYTFCH representinq Ddgn r Spray ` e0. She Iriulred haw the SITE FLAN AWND-WNT ; curresit pdrking s to t ion has been handled. qtr. E st r VARIANCE AND LOT nTM d that as the result of teasing ,'pdoe in the CONSOLIDATION (A-564) dd'doent buildinq to the north, some of the ernploye s were parking on the 4djacent north propertr. The Cite and Waoner Spray Tech: entered into an agreement to altow for t"m ordr parking on the proposed Parcel R. 00TION by Commissioner Plufkd, seconded by Comm ss on r RF MWIRMATION nba to recommend approval of t tF Site Plan Amendment, drldnoe and Lot Consolidation subject to the conditions as st ted in the draft Resolutiotl. Vote. 5 Ayes. MOTION arri d. VOTE OTHER BUSINESS: The Commission discussed the status of the special st dy items and noted that a joint meetrncwith theCity Council dii. ifo4AyuiyG,r 4ifwassh Chairwoman asll'l drrd Dill -e for Tr m re noted additional m tin(Is may ry e «, _ for hearings. There would b scheduled for ADJOURNMENT. The meeting ,a.d ourued at 8:55 P.M. dsl "0Y"P q