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HomeMy WebLinkAboutPlanning Commission Minutes 06-21-2017Meeting of June 21, 2017 Approved Minutes 1 of 5 5A Approved Minutes Planni ng Commi ssi on Meeti ng June 21, 2017 MEMBERS PRESENT: Chair Marc Anderson, Commissioners Bryan Oakley, Jim Kovach, David Witte and Kira Vanderlan MEMBERS ABSENT: Commissioners Julie Witt and Donovan Saba STAFF PRESENT: Planner Kip Berglund, Planning Intern Kyle Seifert OTHERS PRESENT: Ned Carroll 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA MOTION by Commissioner Oakley, seconded by Commissioner Kovach, to approve the June 21, 2017 Planning Commission Agenda as modified. Vote. 5 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE JUNE 7, 2017 PLANNING COMMISSION MEETING MINUTES B. TRUST BUILDERS AND DEVELOPERS (2017054) Approve a site plan amendment for a four-unit townhome on property located at 14180-14192 43rd Avenue. MOTION by Commissioner Witte, seconded by Commissioner Vanderlan, to approve the consent agenda. Vote. 5 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. ESTATE DEVELOPMENT CORPORATION (2017053) Chair Anderson aimounced that the request by Estate Development Corporation for a reguiding, rezoning and preliminary plat for a residential subdivision to be called "Beacon Ridge" on Meeting of June 21, 2017 Approved Minutes 2 of 5 properties located at 5225, 5305 and 5325 Dunkirk Lane has been removed from the agenda to allow the applicant time to gather data on existing noise from the Gun Club property. He indicated that the City will mail notices to all property owners within 750 feet of the proposed development site 12 days prior to the date of the next Plaiming Commission meeting when this item will be reviewed. Chair Anderson indicated that anyone with questions related to the development are welcome to call, e-mail or stop in at City Hall and talk to staff. B. TIGER ATHLETICS (2017058) Chair Anderson introduced the request by Tiger Athletics for a conditional use permit for a sports and fitness club on property located at 2800 Vicksburg Lane. Planning Intern Seifert gave an overview of the staff report. Chair Anderson introduced Caroline Gagne, representing the applicant, who stated that they believe this use is appropriate for the tenant space. She provided information on the hours that classes would be held and stated that would not disrupt the other tenants and there would be sufficient parking. Commissioner Oakley asked if there are ever times when the parking lot is filled currently. Ms. Gagne replied that there are not any problems with parking. She noted that the neighboring tenants on the south end of the building require only five to ten parking stalls per tenant space and the heaviest parking tenant is located on the north side of the building. She stated that this proposed user would also have small classes and therefore there would not be a lot of parking required for this user at any one time. Chair Anderson opened the public hearing. Chair Anderson introduced Angelika Krohn, 2749 Terraceview Lane, who stated that her concern is regarding the quality of life for the adjacent residential area. She asked for clarification on the numbers, noting that she looked up Tiger Fitness Club online and found a variety of activities provided and was concerned with expansion of the use. She noted that when people come and go from the club she would be worried about the car doors slamming and beeping of car security systems. She stated that her concern is with noise pollution that could devalue her property across the street from this location. She stated that a fitness club generally expands as they gain memberships and therefore her concerns are with the hours of operation, noise pollution and increased traffic. Ms. Gagne stated that from what she understands, the user would like to have an overall wellness and training program and would include health and wellness treatment and massage in addition to classes. She noted that there would be smaller treatments throughout the day that would likely not expand the hours of operation for classes. Ms. Krohn stated that the way Tiger Fitness advertises their services makes it appear like a Lifetime Fitness. She stated that the image that the business advertises and what is being Meeting of June 21, 2017 Approved Minutes 3 of 5 presented tonight is not the same. She stated that she would not like a business the size of Lifetime Fitness to be across the street from her. Chair Anderson closed the public hearing. Planning Manager Thomson replied that the City's noise regulations primarily apply to outdoor construction, maintenance and repair activities rather than noise from commercial and industrial activities. She stated that the City typically does not have concerns arising from commercial and industrial uses. She stated that the City can only review what is presented in an application. She referenced the proposed size of just under 12,000 square feet for this facility and noted that Lifetime Fitness has a much larger space. She stated that the business could only expand if they obtain additional space in the building, which would require a separate public hearing. She stated if they expand without the proper approvals from the City, the City has enforcement capability. Chair Anderson introduced Ken Richards, 2749 Terraceview Lane, who asked the number of people that could be accommodated in 12,000 square feet. He stated that seems like a lot of space and 20 people does not seem realistic as a lot more people could fit within that space. He stated that they are concerned with their quality of life rather than the tax appropriation that would be gained by the City. He stated that he did not think that 20 people would be an adequate estimate for the number of clients that would be visiting the site. He stated that the industrial users open their doors at night in violation of the noise regulation and therefore they hear noise from their activities during the night. He stated that they do call to complain and nothing is done. He stated that they call the police to file the complaints. Planning Manager Thomson noted that the complaints have not been routed to the planning department. Mr. Richards stated that he does not have control over where the complaints go once they make them to the police. He stated that they are not opposed to improvement of the community but just want to ensure that their quality of life is not impacted. Commissioner Oakley stated that this company has been operating for five years about 1.5 miles away from the proposed location and asked if there is information on the size of that facility compared to this proposed facility and whether there were any complaints from that operation. Planning Manager Thomson replied that she is not aware of any complaints from the previous location. Ms. Gagne stated that she is not sure how much larger the proposed space is. She noted that one · of the main reasons for relocating was to focus on elements of their business outside of the personal training that they did not have adequate space for at the previous location. She noted that in regard to parking and expansion concerns, each tenant has a set amount of parking identified and as the landlord, she has the obligation of ensuring that each tenant is not using more parking than they are allotted. 4 of 5 Approved Minutes Meeting of June 21, 2017 Chair Anderson stated that this is an inside use and zoning requirements and the lease restricts the users to the amount of parking the tenant is allowed. He stated that this would be a conditional use permit that is revocable for violation. He explained that if there are complaint calls, the planning staff would review that information and if needed the permit could be revoked. He stated that the application seems appropriate and there is sufficient documentation that this will not turn into a Lifetime Fitness. MOTION by Commissioner Oakley, seconded by Commissioner Witte, to approve the request by Tiger Athletics for a conditional use permit for a sports and fitness club on property located at 2800 Vicksburg Lane. Vote. 5 Ayes. MOTION approved. 7. NEW BUSINESS A. ROSALIND AND DAVID WARD (2017047) Chair Anderson introduced the request by Rosalind and David Ward for a variance to the rear yard setback for a porch addition on property located at 5144 Black Oaks Court. Planner Berglund gave an overview of the staff report. Commissioner Witte asked the maximum size of the four-season porch without the variance. Planner Berglund replied that the size would need to be reduced from 17 feet to 12 feet but noted that the width could be increased. He reviewed other information regarding the type of footings required and overall size. Chair Anderson asked if there is a drawing of what this would look like. Planner Berglund displayed the plan that showed the different elevations of the porch. Commissioner Witte asked if the applicant has proven any practical difficulties in complying with the code. Planner Berglund noted that the applicant is limited from the area of the rear yard but noted that the size of the four-season porch could be reduced to meet the setbacks. Chair Anderson introduced David Ward, the applicant, who stated that the back of his home has a bump out for the kitchen, so if he stays within the setback that would limit the size in that area because of the bump out. He said he believed his proposed size would be a fair depth. He noted that width-wise, they are well within the regulations. He noted that they do not want to go to the south further as that would block the living room windows. He stated they also want to ensure that the peak of the roof for the porch does not block the bedroom windows above. He stated that the lot has an odd shape and they have worked with an architect to design the porch. He stated that the original design would have been above the square footage allowed on pier footings and therefore they redesigned the porch to stay within the 300 square feet that would not require a foundation. He said he believed this to be a fair request. He stated that in his opinion, a four-season porch is quieter for neighbors than an outside deck. 5 of 5 Approved Minutes Meeting of June 21, 2017 Commissioner Oakley asked if the applicant spoke with his neighbors in planning this project. Mr. Ward stated that the neighbor, that objected to the request stopped by and visited with his wife because he was not home to discuss his objections. He stated that he respects that the neighbor shared his concerns before they submitted the request to the City. He stated the only complaint he could determine from his neighbor was the size of the porch. He stated that prior to that conversation, his wife spoke with the wife of the neighbor that objected, and she did not seem to object to the porch. He stated that the other neighbors they spoke to were very supportive. He stated that the neighbor that is objecting has a three-season porch on his home, built to a size of their desire. He stated that he prefers larger spaces because he has a large family. Commissioner Witte stated that there are responses from three neighbors in support and one neighbor opposed to the request and asked for information on where those neighbors are located. Senior Planner Berglund identified the homes on an aerial photograph. Chair Anderson stated that this is an odd shaped lot and although practical difficulties were not identified in the application there were points made tonight regarding the existing windows that they would not want to block and the bump out of the kitchen. He stated that he also appreciated that the porch would be quieter for neighbors than a deck. Commissioner Witte agreed that this would be quieter than a deck. He agreed that this is an odd shaped lot but noted that the market would dictate price for that and would also limit what could be done on the lot. MOTION by Commissioner Kovach, seconded by Commissioner Witte, to approve the request by Rosalind and David Ward for a variance to the rear yard setback for a porch addition on property located at 5144 Black Oaks Court. Vote. 3 Ayes, 2 Nays (Oakley and Vanderlan voting nay). MOTION approved. 8. ADJOURNMENT MOTION by Chair Anderson, with no objection, to adjourn the meeting at 7:55 P.M.