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HomeMy Public PortalAbout06-12-2001PLANNING COMMISSION MINUTES - JUNE 12, 2001 PRESENT: LENNY LEUER, ELIZABETH WEIR, DICK PICARD, SHARON JOHNSON, JERRY BROST, SUSIE MACKAY AND TOM SUPEL. ALSO PRESENT: PLANNING AND ZONING ADMINISTRATOR LOREN KOHNEN, ADMINISTRATOR -CLERK PAUL ROBINSON AND PLANNING AND ZONING ASSISTANT SANDIE LARSON. ABSENT: MARY VERBICK Chairperson Lenny Leuer called the meeting to order at 7:07 p.m. 1. MORRIS NELSON - 4612 COUNTY ROAD 116 - VARIANCE MOVED BY JERRY BROST AND SECONDED BY ELIZABETH WEIR TO TABLE THIS APPLICATION AT THE APPLICANTS REQUEST. MOTION PASSED. 2. THOMAS WALTERS - 2500 HOLY NAME DRIVE - LOT COMBINATION/PLAT OF 2 LOTS TO 1 LOT - PUBLIC HEARING Loren Kohnen went over his memo to the planning commission and put up an overhead of the area showing the request. Tom Walters said that his septic system was on one lot and his house the other and he also wanted to put up a garage, so by combining the lots he could do this and this should also be done in case he ever wanted to sell. Dick Picard asked if there would be a new driveway to the proposed garage and T. Walters said no. Lenny Leuer asked about the exterior. T. Walters said it would match the house and he also would be planting some bushes, etc. MOVED BY ELIZABETH WEIR AND SECONDED BY JERRY BROST TO RECOMMEND APPROVAL OF THE PLAT `THOMAS WALTERS ADDITION'. MOTION PASSED. 1 3. STEVE & JEFF DETERS - JDS MARKETING - 815 TOWER DRIVE - CONDITIONAL USE PERMIT FOR WHOLESALE WAREHOUSE - PUBLIC HEARING Loren Kohnen went over his memo to the planning commission. Steve Deters asked if they would be told what lighting fixtures to buy. L. Kohnen & Lenny Leuer both explained the `shoe box' style of fictures. S. Deters questioned condition #3 - trees L. Kohnen put up an overhead, pointing out the area for trees. S. Deters said there was already a heavy tree line there and they would like to avoid having to put up and spend money on trees that would have to be moved if they did an addition in a few years that they were planning on. Elizabeth Weir said there is heavy cover there now, but how about in the winter. She asked if the overhead door on this side was their main access to the warehouse. L. Leuer said that the floor plan that was included in their packet did not show the overhead door. S. Deters said it would still be there, He also said the main loading dock was on the other side. L. Kohnen said there will not be any cover in the winter, just the berm. He said he had no problem with leaving it as it is, but it is required by the ordinance. L. Leuer said he would consider the trees further away because of the proposed expansion in the future. S. Deters asked where the trees were supposed to be. L. Kohnen said that the houses could see the very top of the overhead door when the trees are gone in the winter. L. Leuer said he saw it that way also, because of the sight line. S. Deters wanted to know what kind of material was needed to screen the roof top equipment. L. Kohnen said wood or metal, something compatible with the color of the building. 2 S. Deters wanted to know if they needed a sign and Loren said no, but the address should be visible. Bill Ciora, 930 Sunset Court, said this is the 1st building coming up after the new ordinance was passed and the city worked a long time on the ordinance and if the trees are needed, they are needed. L. Leuer said from the roof of the houses you can see the overhead door, but not from the 1st floor. S. Deters said that they own back to the berm. E. Weir asked if the overhead door would be kept when the expansion is done. S. Deters said that it probably wouldn't. Sharon Johnson said if the overhead door was closed now, the trees would not be an issue. Susie Mackay asked the Deter's if they were planning on using the door - she said traffic is an issue. S. Deters said that the shipping dock would be used the most, so the overhead door probably would not be used every day, but it would be used. Jerry Brost asked why the trees are suggested. L. Kohnen said it was part of the ordinance. He said if the planning commission compromises, he would suggest that the trees be put on the berm. He said spruce trees are year round. S. Deters said the berm is a better screen than 6 trees. Tom Supel asked if we could have an exact reading from the ordinance. L. Kohnen read 831.07, Subd. 1(m). There was discussion of screening requirements. B. Ciora asked what kind of business they were. S. Deters said they were like `Things Remembered' except they were wholesale. They engraved things like key chains, etc. L. Leuer asked about the fence on the west side of the building. 3 S. Deters said they don't know what to do with it - they would probably tear it down. The public hearing was closed. MOVED BY ELIZABETH WEIR AND SECONDED BY JERRY BROST TO RECOMMEND APPROVAL OF A CONDITIONAL USE PERMIT FOR A WHOLESALE/WAREHOUSE/OFFICE AT 815 TOWER DRIVE WITH THE FOLLOWING CONDITIONS: 1 Lighting must be in compliance with the ordinance and be downcast style. 2. One additional tree be provided in the SW corner of the parking lot. 3. Provide a minimum of 6, 10'-12' Black Hills spruce staggered 10' on center on the south side of the parking lot, planted back far enough to accommodate further expansion, this is to block the view of the overhead door from the residential zone to the south of the property. 4. Roof top equipment must be screened from view, with approved materials compatible with the building exterior. 5. Signage must meet the Urban Commercial ordinance requirements. 6. No outside storage is permitted. 7. One vehicle as per ordinance is permitted stored outside. MOTION PASSED. 4. DANIEL BENNIS - 2185 HOLY NAME DRIVE - SETBACK VARIANCE REQUEST FOR GARAGE ADDITION - PUBLIC HEARING Loren Kohnen went over his memo and put up overheads of the area, explaining the issue. Elizabeth Weir asked Loren if he had met Mr. Bennis and Loren said yes. She wanted to know if we knew how they accessed the pool and if there was no way to the pool except for the steps. L. Kohnen said he was sure that Mr. Bennis used crutches around the house, but had never met the daughter. E. Weir said this will be quite a spacious garage. Could it be smaller, this is a large variance request. Jerry Brost wanted to know if hardships covered physical and he was told no. He said then this is an irrelevant argument. L. Kohnen said the contour of the property is hard to negotiate with a wheelchair, but this is not written in the ordinance. Carolyn Smith said Liz asked if the garage could be smaller and it does look like lots of room for this addition. 4 Jeff Ruchti, 3102 Highway 55, said that he has known Mr. Bennis for a long time. Can the wheelchair go completely around the vehicle There was discussion of the garage size. Tom Supel said he had lots of questions. The ordinance does not address disability, so it cannot be a criteria for a variance. He wanted to know on what basis the staff recommended approval of this variance request. L. Kohnen said access to the back building. Susie Mackay asked what kind of leeway they had. She said we are in the business of helping the citizens of Medina to live in the city productively. Can we have the latitude to use the disability as a hardship. Lenny Leuer said do we live by the intent of the law or the letter of the law. T. Supel said there is a legislative ADA disability act - is it possible we can hang our hats on that piece of legislation. J. Brost said the disability is not in our ordinance. He said we want to help the residents to live in the city, but we have to be careful with our written reason why we would recommend this. T. Supel said Mr. Bennis's letter does address the 6 criteria - he said he would expect staff to address the criteria in their memo also. L. Weir said we could argue the they are deprived the use of their property without the variance. She said she had asked at the workshop about all 6 of the criteria being met and was told that the literal interpretation was hardly ever used. Paul Robinson said it may be part of the state law, but also part of our city ordinance. Our attorney has said cities usually have a working policy on the granting of variances. The council has set a workshop up for the discussion of variances. L. Weir asked if it would be appropriate to table this application until our workshop, so that we may be guided in our decision. There was continued discussion of variances. C. Smith said this is a good example for our workshop. J. Brost said he is in favor of tabling this application, but also is in favor of recommending approval. 5 MOVED BY ELIZABETH WEIR AND SECONDED BY SUSIE MACKAY TO TABLE THIS APPLICATION FOR FURTHER INFORMATION AND OPTIONS. Sharon Johnson said if this is not a load bearing wall, can the application come up with another scenario. She said she thinks there are options for planning this addition. Dick Picard asked about the building on the next property and who owned it. L. Kohnen said this is the house that burned and the Bennis family owns it. They plan on taking it down. T. Supel asked about other variances on Holy Name Drive. J. Brost said this is an excellent example for our workshop and the more information the better. L. Leuer said they should check about a lot line re -arrangement and with sewer there now, can the zoning change, etc. to make the variance go away. L. Weir said that the applicant put together a very comprehensive packet. L. Kohnen said he has asked Mr. Bennis many times, if he could make the garage smaller. P. Robinson said he believes it is possible to give the area the UR designation. MOTION PASSED. 5. PUBLIC HEARING TO ADD SECTION 826.25.1 TO THE CITY'S ZONING ORDINANCE ESTABLISHING A NEW ZONING DISTRICT - RURAL RESIDENTIAL - URBAN RESERVE - RR-UR Paul Robinson gave the background stating that this was another step in the comprehensive plan. He said the Metropolitan Council wanted a couple of areas designated for future urbanization. He said that the City had a public hearing earlier with the residents at the comprehensive plan time and he said he hoped we could do like before and pass this on to the City Council with suggested changes if any and also the rezoning. Allen Faue, property owner in the subject area, asked what the ramifications to his assessed value would this create. P. Robinson said that valuations are driven by sales in the area and he did not think this would make a dramatic change now. 6 A. Faue wanted to know why this ordinance was moving the availability of sewer to 2020, that before 2000 was talked about. P. Robinson said he did think that a past city council had talked about it sooner, but it has been in the area for 2040 or at one time was considered permanent rural. A. Faue said with the new BP zoning are we against people having the choice to have homes closer to work. He then asked what you would have to go thru for smaller lots. P. Robinson said if there were all good soils on a 40 acre parcel you could have 8 lots and would need an overlay showing smaller lots for the future. There was discussion on how property could be developed according to the current RR or PUD ordinance. A. Faue asked if there was a builder that would put up for the expense of sewer and water could they do it sooner. P. Robinson said this is a density issue, not a financial issue. Chris Sundin, 1525 Hackamore, said they have lived here for 13 years. She asked if a higher density was approved what would happen to the road. Loren Kohnen said the road would have to be improved. Tom Supel said we are talking low density until 2020. Jerry Brost said that every 10 years the comprehensive plan is redone. Now they are talking 2020 for your area and in another 10 years you will have another indication of what is happening. C. Sundin asked if there had been any talk of dead ending the road between Medina and Corcoran. Buck Schott, Stacy, MN., representing Leonard Schlosser, mentioned, page 3, Subd. 3 - Outdoor recreations facilities, etc. he said that there is some interest in a little league field and driving range on the Schlosser property. Lenny Leuer said that Mr. Schlosser also has property in the Rural Commercial zone and now we are just talking about the portion in the residential zone. Loren Kohnen said that performance standards and lighting standards would apply. B. Schott said you are talking rural property and this is no longer considered rural. C. Sundin wanted to know in the purpose statement, what specified conditions meant. 7 L. Leuer said if property was developed under a PUD, etc. Don Atkinson, 2000 Pawnee Road, asked about churches. L. Leuer said they were not allowed in the RR-UR. The public hearing was closed. The planning commission went thru the ordinance and had some changes. Page 1 - Purpose - add at the end - - `within this ordinance' Page 2 - Subd. 3, top of page- delete `including non commercial parks' 826.25.4 - add to heading - no buildings without a principal structure - delete Subd. 2 and Subd. 3 Page 3 - Setbacks to revert to current RR except (g), stay as is - consider a wetland setback; Subd. 3 (a) - 4th line down, add per net buildable' acre with the definition that the net calculation excludes ROW, open water, wetlands and easements. - Subd. 6 - wetland setback needs clarification from the Hennepin Conservation District. MOVED BY ELIZABETH WEIR AND SECONDED BY JERRY BROST TO RECOMMEND APPROVAL OF THIS ORDINANCE ADDING SECTION 826.25.1 TO THE CITY CODE ESTABLISHING THE RURAL RESIDENTIAL -URBAN RESERVE ZONING ORDINANCE WITH THE ABOVE RECOMMENDED CHANGES. MOTION PASSED. 6. PUBLIC HEARING TO ADD SECTION 835.01 TO THE CITY'S ZONING ORDINANCE ESTABLISHING A NEW ZONING DISTRICT - RURAL COMMERCIAL -HOLDING - RCH Paul Robinson said that this is in the last area to be rezoned to implement the comprehensive plan area in the 2020 MUSA for sewer service. When sewer does get here the zoning could change if the City feels there are better uses. He put up an overhead of the map showing where this area is. Buck Schott, Stacy, MN., representing the Schlosser's, said that there was verbage left out for commercial recreational properties. He said they would ask for language permitting a driving range, golf course. Lenny Leuer said that we will recognize this concern later in the review. Jeff Ruchti, 3102 Highway 55, asked how this affected his property and wondered what it would do to his assessed value. 8 Loren Kohnen said this ordinance maintains the current zoning and accommodates the future zoning with sewer. He said it steps up some requirements to coincide with Urban Commercial zoning and some uses have also changed. J. Ruchti, said that a few years ago there was a meeting for sewer to Wichita Trail and it was voted down. P. Robinson said this was looked into because of failing septic systems in that area. Once the costs were determined the residents decided to fix their septic systems. He said if there are single family homes in this Rural Commercial Holding area they are non -conforming and are still non -conforming with the new ordinance. L. Leuer asked that the current ordinance be referred to and pointed out that of the 10 current uses, 6 would be non -conforming and he questioned why. L. Kohnen said that restaurants were taken out quite some time ago (early 90's) because they are intense water users, their grease use, etc. and how it affects their septic systems. Tom Supel said he thought we should maintain the status quo unless there was a good reason to delete a use, like a high water user. L. Leuer asked Loren about the three buildings, Dobo's, Big Woods and Loretto Towing. They all have failing septic systems. L. Kohnen said that Dobo's pump theirs regularly, about every 10 days and have it hauled out. There was discussion of non -conforming uses. P. Robinson said when sewer does come to this area, restaurants would then be allowed again. There was further discussion of existing businesses. J. Ruchti again asked about the assessed value of his property and how it would be affected. Staff gave Mr. Ruchti the assessors phone number. Recommended changes: Page 2 - delete (p) and add `x' - video store; Section 835.03 - #8 - add no car wash'; add off -sale liquor; add commercial recreation same as RR-UR - staff and council to work on the wording 9 Page 4 - Subd. 2 - add primary and alternate; Subd. 9 - setback to be the same as in BP; Subd. 12 - from should be front Page 5 - Need to change the amount of time to hook up - planning commission felt that in addition to a time period, the time should be stated then or if there is a change in use, change of owner or if there is a failing septic system; Subd. 835.07 - somehow reword this for uses in relating to uses in this ordinance for the design and development standards Page 6 - Subd. 2 - figures picked may be different. MOVED BY ELIZABETH WEIR AND SECONDED BY TOM SUPEL TO RECOMMEND APPROVAL OF THE ORDINANCE ADDING SECTION 835 ET SEQ. TO THE CODE OF ORDINANCES ESTABLISHING A RURAL COMMERCIAL HOLDING ZONING DISTRICT WITH THE ABOVE CHANGES/CORRECTIONS. MOTION PASSED. 7. PUBLIC HEARING TO CONSIDER THE REZONING OF MULTIPLE PROPERTIES Paul Robinson put up an overhead and explained his memo. Bruce Hendry, 2305 Sherwood Circle, Bloomington, said he was here for the property at Rolling Green Country Club. He said that in 1982 the club had some financial problems and he agreed to take care of it and they stay there for 7 years without rent. After 6 years they wanted to buy it back but had no money and he came up with a plan. The 9 hole area is zoned MR, but the club continues to use it for a 9 hole course. He said he has an option for 50 years to develop that property - he said he has no intention to develop it anytime soon. The country club was informed, but not me, of this rezoning. He said he is in discussion with the club for them to buy the option back from me. He said he had an appraisal done and as currently zoned there is a value of $1,043,000 and if re -zoned it would be $36,800. He said he presumes the City has a right to do this, but it is a fairness issue and he is relying on the zoning from the past 18 years. P. Robinson explained why the interest in the rezoning. Lenny Leuer asked Paul about the city council discussion. P. Robinson said the city council said that we have gone thru this process and are heading down the road for the new zoning and lets stay there - this has been a lot of work and Mr. Hendry came in at the 11th hour. Jacquiline Hoover, 1225 Welcome Drive, questioned her Mom's property being rezoning to the Public/Semi-Puiblic. Loren Kohnen said he recommended that the three parcels on Welcome Drive stay Rural Residential. 10 The public hearing was closed. Sharon Johnson asked about the Welcome Drive parcels and if we kept them Rural Residential and then the park bought them, would they be re -zoned to the Public/Semi- Public and Loren said yes. Elizabeth Weir said the RGCC property does abut Cherry Hill and as a planning issue, if it is left MR, would it work well with Cherry Hill? L. Leuer said that the Cherry Hill residents would have a definite opinion on it. Susie Mackay asked what the value would be if zoned UR. P. Robinson said between UR and MR, probably not a big difference for the Cherry Hill residents. E. Weir said it might help the issue and be better planning if it were UR. P. Robinson said that on a golf course, townhomes would be a good idea. S. Johnson said she is concerned if there is a sound reason the country club felt for the rezoning. S. Mackay said that Mr. Hendry did not have all the informationl There was further discussionof MR zoning. B. Hendry said it is most logical if it is kept MR - the golf course would buy it back and keep it for a golf course forever. S. Johnson said she felt we are losing what we want for the city to bend over backwards for someone. S. Mackay asked Bruce if he knew the difference between the assessed value between MR and UR and Bruce said no. P. Robinson said it makes sense for all of the golf course to be Public/Semi-Public. L. Leuer asked if we should leave the homes on Welcome RR. MOVED BY ELIZABETH WEIR AND SECONDED BY SUSIE MACKAY TO LEAVE THE 3 PARCELS ON WELCOME DRIVE ZONED RURAL RESIDENTIAL MOTION PASSED. 11 MOVED BY ELIZABETH WEIR AND SECONDED BY SUSIE MACKAY TO LEAVE THE PORTION OF ROLLING GREEN GOLF COURSE THAT IS CURRENTLY ZONED MR THE SAME MR ZONING. MOTION PASSED WITH 2 OPPOSED P. Robinson told Mr. Hendry that this was not the end of the line, that this would go to the city council next week. MOVED BY ELIZABETH WEIR AND SECONDED BY JERRY BROST TO RECOMMEND APPROVAL OF THE REZONING FROM RC TO RCH. ACCORDING TO MAP THAT WAS FURNISHED. MOTION PASSED. MOVED BY SUSIE MACKAY AND SECONDED BY ELIZABETH WEIR TO RECOMMEND APPROVAL OF THE REZONING OF PROPERTIES TO RR ACCORDING TO THE MAP THAT WAS FURNISHED. MOTION PASSED. MOVED BY TOM SUPEL AND SECONDED BY ELIZABETH WEIR TO RECOMMEND THE REZONING OF PROPERTY FROM RR TO RR-UR ACCORDING TO FURNISHED MAP. MOTION PASSED. MOVED BY ELIZABETH WEIR AND SECONDED BY JERRY BROST TO RECOMMEND APPROVAL OF THE REZONING OF PROPERTY TO UC ACCORDING TO FURNISHED MAP. MOTION PASSED. 8. PUBLIC HEARING TO AMEND SECTION 825.07, SUBD. 29 - ESSENTIAL SERVICES - OF THE CITY'S ZONING ORDINANCE Paul Robinson stated that there is a federal statute that regulates the definition. MOVED BY SUSIE MACKAY AND SECONDED BY ELIZABETH WEIR TO RECOMMEND APPROVAL OF TO AMEND SECTION 825.07, SUBD. 29. MOTION PASSED. 9. MINUTES OF MAY 8, 2001 Page 1 - Tom Supel's paragraph, 3rd line, change side to site. 12 Page 2 - 1st paragraph, 3rd line from the end, add s to variance; 2/3 of way down, L. leuer, change other to over; Page 6 - end of page, L. Leuer change of to or; Page 7 - Toward end of page, B. Leistikow, change their to there; and E. Weir add if after know; Page 8 - 2/3 of the way down - change gold to golf MOVED BY ELIZABETH WEIR AND SECONDED BY TOM SUPEL TO APPROVE THE MINUTES AS CORRECTED. MOTION PASSED. MOVED BY ELIZABETH WEIR AND SECONDED BY JERRY BROST TO ADJOURN. MOTION PASSED. Meeting adjourned at 12:06 a.m. Planning and Zoning Assistant Date 13