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HomeMy WebLinkAboutPlanning Commission Minutes 01-06-2016Approved Minutes City of Plymouth Planning Commission Meeting January 6, 2016 MEMBERS PRESENT: Chair James Davis, Commissioners Marc Anderson, Julie Witt, Bryan Oakley, Gary Goldetsky, Jim Kovach, Donovan Saba MEMBERS ABSENT: STAFF PRESENT: Planning Manager Barbara Thomson, Senior Planner Marie Darling, Planner Kip Berglund 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA MOTION by Commissioner Goldetsky, seconded by Commissioner Anderson, to approve the January 6, 2016 Planning Commission Agenda. Vote. 7 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE DECEMBER 16, 2015 PLANNING COMMISSION MEETING MINUTES B. THOMAS MCGUIRE. (2015091) Approve variances to rear yard setback to allow a porch addition on property located at 2850 Norwood Lane. MOTION by Commissioner Oakley, seconded by Commissioner Kovach, to approve the consent agenda. Vote. 7 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. JUST FOR KIX. (2015102) Chair Davis introduced the request by Just for Kix for a rezoning from FRD to C -3 for property located south of State Highway 55 and north of the Soo Line Railroad on the western boundary of the City of Plymouth. Approved Planning Commission Minutes January 6, 2016 Page 2 Planner Berglund gave an overview of the staff report. Chair Davis introduced Ryan Anderson, representing the applicant, who stated that the Medina City Council approved the rezoning the previous night for the portion of the site within their boundary. Chair Davis opened the public hearing and closed the public hearing as there was no one present to speak on the item. Commissioner Anderson stated that this is a creative solution for a difficult piece of property and noted that this plan appears to work and therefore he will support the request. MOTION by Commissioner Anderson, seconded by Commissioner Goldetsky, to recommend approval of the request by Just for Kix for a rezoning from FRD to C-3 for property located south of State Highway 55 and north of the Soo Line Railroad on the western boundary of the City of Plymouth. Vote. 7 Ayes. MOTION approved. 7. NEW BUSINESS A. THOMAS RED-CLOUD. (2015103) Chair Davis introduced the request by Thomas Red-Cloud for a variance to the maximum fence height for property located at 1325 Black Oaks Lane. Senior Planner Darling gave an overview of the staff report. She noted that the city received seven letters in conjunction with this application and they have been made part of the public record. Chair Davis asked if the fence could be six feet without approval. He asked for details on the pergola portion. Senior Planner Darling replied that a fence could be up to six feet with a fence permit and could be between six to eight feet with a conditional use permit (CUP). She noted that the pergola portion of the fence stands eight feet and seven inches and contains a gate. She stated that the fence and support are finished but some additional decorations are planned to be added in the spring. Chair Davis introduced the applicant, Thomas Red-Cloud, who stated that he is satisfied with the progress of the fence and pergola currently. He thanked staff for helping him throughout this process. He stated that he is an air force veteran and has been a proud member of the Plymouth community for the past two years when he moved from California to give his family a fresh start. He stated that when they moved to Plymouth they discovered that they would need a fence to provide more privacy to his family and separation between his property and the nature walk nearby. He provided background information on his inspiration for building the gateway (pergola) portion of the fence. He stated that the fence started out as a project to provide his family with privacy but became a journey to so much more. He noted that he worked with the owners of the property to plan the project, and also received approval from the real estate team that handles the rental. He stated that there are additional details, engraving, that will be added that will finish the memorial Approved Planning Commission Minutes January 6, 2016 Page 3 to veterans that have sacrificed so that others can live. He asked for a variance request for the height of the gateway and noted that he has met all other requirements. He noted that without the height the design would not be the same. Commissioner Goldetsky thanked Mr. Red-Cloud for his service and asked if the color was just a color or whether it has a symbolic meaning to the project. Mr. Red-Cloud stated that the color of red is the symbol of the Apache Tribe, of which he is a member. Commissioner Anderson stated that he is a veteran of the Air Force as well. He referenced the pergola and asked for additional information as to whether that will be a space open to others. Mr. Red-Cloud stated that the gate leads into the garden, which is yet to be created. He explained that a fence line is not welcoming and would not fit in Plymouth and instead he wanted to create something beautiful that would look welcoming to the people passing by. Commissioner Anderson asked if there is intent to open the garden to the public. Mr. Red-Cloud stated that the garden will not be a public place but noted that people walking by have stopped and taken pictures and he has welcomed that. He stated that they have received positive comments from people that have stopped at his property. He stated that he did not want a fence that conveys the message of do not enter, as he does welcome people that come to his property. He recognized that he may not be at the property forever but noted that this would be his contribution. Commissioner Oakley asked why this is a public meeting and not a public hearing. Planning Manager Thomson stated that there is not a public hearing requirement for a variance request. She noted that there were a lot of people that had comments and therefore the item was taken off of the consent agenda and placed on the regular agenda to allow comments. Mr. Red-Cloud stated that the construction of the fence meant a lot to him in many ways, not only as a memorial of his service and the service of others. He explained that he has a willingness to contribute more to the city and has asked if he can volunteer his service to the beautification of parks and contribute to other projects in the city. He stated that he is not interested in payment or recognition but does enjoy contributing. Chair Davis introduced Zehyani Bankwala, 6400 Willow Wood Road, and owner of the property at 1325 Black Oaks Lane, who stated that he supports the building of the fence. He explained that the fence was built because the neighbors were not friendly to Mr. Red-Cloud and his small children. He stated that the fence was built on the old fence line but the neighbors complained that the fence was not in the right location after the fence was built, not during construction, and the fence was then moved. He stated that a lot of time went into building the fence and pergola. He noted that the pergola could be cut lower and then would not require a variance but that is not the route they chose to take and requested the support of the commission. Approved Planning Commission Minutes January 6, 2016 Page 4 Chair Davis introduced Tim Reilly, 16625 14th Avenue, who stated that he frequently travels the path near the property and noted that there was a fence that was deteriorating previously. He stated that a new fence needed to be constructed and he would occasionally say hello to Mr. Red- Cloud when he was constructing the fence. He stated that the color of the fence is really very nice and he supports the request. He stated that Mr. Red-Cloud has done a lot of work on the fence and noted that the project is not yet complete and therefore real justice has not been given to the plans. Chair Davis introduced Hyun Red-Cloud, who stated that the construction process was about four months long. She stated that they live in the property near the trail and wanted to have the fence to provide safety for their small children to play outside without her worrying about their safety. She stated that originally she wanted an open design so people passing by could see her vegetable garden but that design did not work well for the neighbors as they had complained that the view went into their home and therefore they changed the design to provide privacy. She noted that even though they have changed the design to fit the desire of the neighbors, the neighbors are still complaining. Chair Davis asked and received confirmation that the applicant does have a permit for the fence. Commissioner Witt asked the property owner for information on his history of rentals. Mr. Bankwala stated that this is his first rental property and he began renting the property two years ago to this tenant. Commissioner Witt stated that she was attempting to determine if there were problems with the neighbors previously. Mr. Bankwala stated that in his opinion the problem is with the neighbors and not the color of the fence. He stated that he is embarrassed by the actions of the neighbors and that is why they decided to construct the fence to provide a buffer between the properties. Commissioner Anderson stated that the issue would be solely the variance for something greater than six feet tall as the applicant has a sign permit and there is no requirement regarding color. He stated that his earlier questions were in attempt to determine if the applicant is building a destination, which does not appear to be the case. He stated that in his opinion, a free standing pergola is allowed and a chainsaw could easily make this not require a variance. He stated that he would support the request. Commissioner Goldetsky stated that he supports the variance and commended staff for the thorough report. He stated that replacing buckthorn with something symbolic and beautiful makes a lot of sense. Commissioner Oakley agreed with the comments made by Commissioners Anderson and Goldetsky. He stated that outdoor stains are most noticeable when they are first applied and fade as they age and therefore he believed that this would be more beautiful as it continues to age. ApprovedPlanning Commission Minutes January 6, 2016 Page 5 MOTION by Commissioner Goldetsky, seconded by Commissioner Kovach, to recommend approval of the request by Thomas Red-Cloud for a variance to the maximum fence height for property located at 1325 Black Oaks Lane. Vote. 7 Ayes. MOTION approved. 8.ADJOURNMENT MOTION by Chair Davis, with no objection, to adjourn the meeting at 7:48 P.M.