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HomeMy Public PortalAbout12-14-2004PLANNING COMMISSION MINUTES — DECEMBER 14, 2004 PRESENT: BILL LOE, MARILYN FORTIN, ELIZABETH WEIR, LENNY LEVER, MARY VERBICK AND DICK PICARD. ALSO PRESENT CITY ADMINISTRATOR CHAD ADAMS, CITY PLANNER ROSE LORSUNG, PLANNING CONSULTANT SARAH SCHIELD AND PLANNING AND ZONING ASSISTANT SANDIE LARSON ABSENT: RON JOHNSON 1. CALL TO ORDER Chairperson Elizabeth Weir called the meeting to order at 7:00 p.m. 2. PUBLIC FORUM There were no comments. 3. DUANE AND VICKIE KESKITALO — 2874 LAKESHORE AVE — REAR YARD SETBACK VARIANCE REQUEST FOR PORCH Sarah Schield went over her staff report and put up an overhead of the site. She said the current home is non -conforming in lot size and setbacks. Sarah said that many homes in Independence Beach have received set back variances due to lot size. She said the lot in question had received front and rear yard setback variances when the house was built in 1980. More recently the house had a smaller 3-season porch that was attached to the rear of the house which does not meet the setback requirements. Staff does not have a record of a variance being granted for the porch. The applicant has removed this porch in order to construct the proposed 3-season porch. S. Schield said the City has a high level of discretion with a variance because the burden of proof is on the applicant to show they meet the standards in the ordinance. This property and all surrounding properties are zoned UR (Urban Residential). The zoning district requires a 30 foot front yard setback and a 10 foot side setback. Because this is an existing non -conforming structure, the side setbacks may remain and the new addition will not encroach on the side setbacks. S. Schield said because this is a `through lot' (one which fronts two parallel streets) both street lines are considered front lot lines. The current house does comply with both front setbacks. In this case, the lot line abutting Brook Street will be referred to as the rear lot line and in the UR zoning district both front and rear setbacks are 30 feet. The porch that has been removed was 10'wide x 8'deep and the proposed new porch is 13.7'wide by 14' deep. The applicants have indicated that the hardship is the size of the lot to allow for a 7' variance. She said the planning commission must review the variance request with the standards outlined in Section 825.44 of the zoning ordinance. Based on the zoning ordinance standards for a variance, staff recommends denial based on: 1. Literal interpretation of the ordinance would not deprive the applicant from reasonable use of the property. 2. The conditions are self-created. The desire for a porch creates the hardship. Planning Commission Minutes December 14, 2004 1 3. Exceptional or extraordinary circumstances do not apply to the property which do not generally apply to other properties in the same zoning district or vicinity. The public hearing was opened. Vickie Keskitalo said that in their letter they stated the lot size as a hardship and staff disagrees. She said there are many lots of the same size in the area and they are just trying to improve their property. She said they did not feel the request was detrimental to the purpose of the ordinance Duane Keskitalo said if the lot size is not a hardship, they could not add on or do anything with their property. Mary Verbick said she did not see the original porch, but the proposed porch will be an improvement to the house. D. Keskitalo said the old one was a flat roof lean-to attached to the house. Doug Abel, builder for the Keskitalo's, said he had torn off the old porch. He said it would not meet today's building code. He said the proposed porch will be a big improvement. He said there was nothing structural in the old porch. M. Verbick asked if the existing side setbacks are being honored, why is there the suggestion to reduce the width. S. Schield said it is just a recommendation to reduce the size. She said the depth is the concern. M. Verbick said it is hard to understand the rationale. She said 4629 Brook has an 11' front and 2' side and the applicant is asking for a 7' rear. She also said that 3055 Lakeshore is even a larger house and that is not out of character for the neighborhood. M. Verbick said the fact of replacing the porch did not create the size of the lot. She said even if the porch were there variances would still be required. She said she did not agree the applicants created the hardship. S. Schield said the code allows a percentage of the house to be upgraded when it is non- conforming Staff found because they were enlarging the house they created the need for the variance. M. Verbick said Independence Beach is a unique area that creates some of the dilemmas we have in approving or denying variances. We have to look at each situation. Marilyn Fortin wanted to know how wide/deep the deck was. Vickie said 12'. Marilyn wanted to know the definition of a 3 season porch. D. Abel said it has no permanent heat and is closed off from the rest of the house. Planning Commission Minutes December 14, 2004 2 M. Fortin asked if there would be heat in the porch. D. Keskitalo said there would be a fireplace. M. Fortin said if the depth was 12' instead of 14' it would be the same as what is there. D. Keskitalo said 14' was decided because of the size of the fireplace and to also be able to have a window. Dick Picard asked if there would be any further remodeling. Duane and Vickie said the entire house has been resided. D. Picard asked if the addition would match the rest of the house and the Keskitalo's said yes. Bill Loe said the area is unique. He said we should step back and see what bad happens if we grant the variance and I do not see anything. Lenny Leuer said we have a high level of discretion. He said he sees when the 14' is measured it meets where the lattice work comes out now. Elizabeth Weir said the key word is generally. She said lots do not generally have two front yards. She said she agrees this is an improvement and in line with other variances that have been granted in the area. She said on the Brook Street side there are garages that are even closer. MOVED BY MARY VERBICK AND SECONDED BY BILL LOW TO RECOMMEND APPROVAL OF A 7 FOOT REAR YARD SETBACK VARIANCE. HARDSHIPS: 1. Extraordinary circumstances - two front yards. 2. Considering what the neighbors have been granted, not granting the variance would deprive the applicants' rights enjoyed by other properties in the same district. 3. Lot was pre-existing, was a substandard lot and a porch was there. 4. The porch does not encroach any further than the existing deck — it is a minimum variance. MOTION PASSED Elizabeth reminded the applicants the planning commission was a recommending body and the city council makes the final decision. 4. CHARLES CUDD, LLC — RE -ZONING AND PRELIMINARY PLAT TO ALLOW A 106 LOT SINGLE FAMILY RESIDENTIAL DEVELOPMENT — PUBLIC HEARING Sarah Schield went over her staff report. She said that the applicant was requesting a rezoning from RR-UR to PUD and a preliminary plat to allow a 106 unit single family development on approximately 124 acres. Earlier this year the applicants applied for a Comprehensive Plan Planning Commission Minutes December 14, 2004 3 Amendment, the re -zoning and the preliminary plat. The Planning Commission voted 4/3 to recommend approval of the comprehensive plan amendment and a 6/1 vote on the rezoning. The preliminary plat was not acted on at that time and the rezoning request was not acted on by the city council and since that time the site plan has been revised. S. Schield said that the Metropolitan Council has approved the Comprehensive Plan Amendment which allows for the extension for city sewer and water to the area. The revision included a reduction in the number of units and all to single family. Also the revised plan has no homes on the `island' area. S. Schield said the city has a relatively high level of discretion in approving or denying a rezoning application as the proposed zoning must be consistent with the City's comprehensive plan. The city's discretion in approving or denying a preliminary plant s limited to whether or not he proposal meets the standards outlined in the subdivision regulations. The 1st part of the PUD process was when the applicant came in initially for their concept plan. They are here tonight for the 2nd part, general plan and site review. S. Schield said that there is further information needed on the size of the lots, access, etc. The design of the subdivision does conflict with the City's standard right-of-way. Sarah said staff finds the rezoning request meets the intent of the ordinance and staff also finds that the proposed development shall be revised to meet the City's standard right-of-way width which is 60' and also the issues outlined in the city engineer's memo should be addressed. Because of these issues, staff recommends that the public hearing be opened and then continued indefinitely until complete information is submitted and reviewed. Rick Denman, Charles Cudd, said he agrees there are some items that need to be revisited, the ROW width and the 2nd access. Sirish Samba, MFRA, said he had talked with Tom Kellogg and said there will be meeting set up with Tom, Sarah and Jim Dillman to prepare a plan. R. Denman said hopefully everything would be done in time for the January 11 ti' meeting. Lenny Leuer wanted to know if there was a designated builder. R. Denman said it is their plan to build it out with Charles Cudd. L. Leuer asked about the style of the homes. He said the plan looks like the perimeter homes are walkouts and some 2 story with walkouts that make them 3 story. R. Denman said there would be a mix, some ranch, some 1 1/2 story and some 2 story. He said that walkouts are a highly desirable feature and a high percentage of sales are level with walkouts or 1 '/2 story with a walkout. Rick said they (Charles Cudd) breaks up the back of the house so the back is pleasing. He said how the homes look from the back is key to us also. L. Leuer said it would help for us to see some sketches with a variety and also show landscaping. Planning Commission Minutes December 14, 2004 4 R. Denman said they will so streetscapes. L. Leuer asked staff how the Metropolitan Council received this proposal when it is 106 units on 53 acres when they wanted 3 per acre. Chad Adams said the Met council looks at net density and this comes out 2.58 units per acre. S. Samba said on page 3 of the plans there is the Met council's density analysis. L. Leuer wanted to know if this was acceptable to the Met council or did the city have to give up some other area of the city to RR-UR zoning. C. Adams said that was negotiated out. He said the City is obligated to target a goal of 3 per acre and see that we are trying. He said we are making progress toward that. L. Leuer asked about the NURP ponds, the route the effluent flows, emergency overflows, etc. S. Samba said page #5 of the plans has a legend on the bottom concerning this. There was further discussion on NURP ponds, overflow, etc. L. Leuer wanted to know if the 1.23 acres that has been added to the project was owned by Bruce Workman and if the sale has been consummated. R. Denman said yes, they have closed on it. L. Leuer wanted to know if Bruce would have to abstain from voting on this issue. C. Adams said no, there is no legal conflict now that he no longer owns the property. L. Leuer discussed Tom Kellogg's memo, the requirement for two accesses. R. Denman said he would like to discuss it. He said he would like to lobby for 1 grander entrance that is wider. He said they are trying to create something that is more dramatic than 2 smaller entrances. Elizabeth Weir asked what staff ideas were. S. Schield said she is waiting for more a more detailed discussion. C. Adams said public safety has not commented yet. There was further discussion on 1 or 2 entrances. R. Denman said if there is an entrance further north, the road curves and it could be dangerous. Planning Commission Minutes December 14, 2004 5 Chris Sundin, 1525 Hackamore Road, said she agrees, that an entrance further north would be dangerous. Mary Verbick said in Foxberry the median is pulled back and there is room for more cars. She said the safety issue is the important part. R. Denman said Jim Dillman liked the plan, there are no cul de- sacs and the road can be plowed all the way around. He said he likes the idea of pulling back the median. E. Weir said if you are asked for 2 entrances, she would prefer to see the lot sizes reduced instead of the 3 of lots reduced. Dick Picard said he recognizes that we have insufficient data. He asked about some of the dollars the work is costing. Charles Cudd said we will pay for all of the road improvements, about 1 1/2 million, which is off set by area wide assessments we would have to pay. He said we needed a comprehensive plan amendment because the area was outside of the MUSA and we had to make some concessions. D. Picard asked how much Cudd would be contributing for the new well. R. Denman said $50,000 D. Picard asked what the ponds would be used for. R. Denman said irrigation for homes will come from the ponds. D. Picard said it is difficult to talk about this with insufficient data. L. Leuer talked about Tom Kellogg's letter, the park access issue with floating dock. He said Tom recommended access from Hackamore and wondered why. He said he will wait for more insight on this for the next meeting. C. Adams said there is the question on who maintains the bridge, etc. R. Denman said the proposed deck is maintenance free_. L. Leuer asked if the bridge would be both foot and bicycle and Rick said yes. Doug Dunlay, 4292 Arrowhead Drive, said his major concern is traffic coming down the private road. He said he would not like to see that. Elizabeth Weir opened the public hearing. Planning Commission Minutes December 14, 2004 6 Chris Sundin, 1525 Hackamore Road, talked of the impact of the road. She said it is nicer to get some answers about the trail, wondering if that was going to happen of the north side. She also wondered if the road is widened and then the trail, they would like to know sooner than later. Tony Sundin, 1525 Hackamore Road, asked how the right-of-way was obtained for the road. C. Adams said there is some intent to locate the trail in the right-of-way. He said the city can purchase easements with park dedication fees. T. Sundin said when they 1st purchased their home the road was a minimum maintenance road. He said he does not know if there are road rights there or not. He did not think there was right- of-way. C. Sundin said the point is if we have to give up 20' for road and 10' for a trail, we might as well pack up and leave now. S. Schield said it is a city road and the 1998 comprehensive plan shows a trail. D. Dunlay wanted to know how the park issue and the private drive would be handled. He said it is a major concern for the homes that are on the private drive. E. Weir said the trail will benefit the park and not the houses. Mark Lamberty, 4250 Arrowhead Drive, said he would like to see a sketch of what it will look like from our side. R. Denman said they will be happy to do that. M. Lamberty asked if Cudd pays the assessments and Cudd said yes, trunk line, etc. Sandie Larson said individuals pay the hookup fee when they hook into the system. C. Adams said the park commission has not commented on the trail issue yet. M. Verbick wanted the looping of the water system explained. S. Samba, said he is working with Tom Kellogg on this. He said the water main will begin in the SW corner and wrap around and back to Hackamore. E. Weir asked the approximate cost of the homes. R. Denman said $600-1 million. MOVED BY LENNY LEUER AND SECONDED BY BILL LOE TO TABLE THE CHARLES CUDD APPLICATION INDEFINATELY. MOTION PASSED. Planning Commission Minutes December 14, 2004 7 5. RYAN COMPANIES — NW OF HWY 55 & CO. RD 101— PUD GENERAL PLAN, RE -ZONING AND PRELIMINARY PLAT TO ALLOW A COMMERCIAL DEVELOPMENT INCLUDING A TARGET STORE — PUBLIC HEARING CONTINUED FROM 11-9-04 Sarah Schield went over her staff report to the planning commission. She said the developer and staff had met a couple of weeks ago and they talked of the architectural design. She said they also discussed including the ballroom and motel property in the plat, etc. She said she is waiting to receive further information. Sarah said she has seen a new site plan but has asked the developer not to show it because staff has not yet reviewed it nor had time to comment on it. Dick Koppy, Ryan companies, passed out a paper on what they will talk about tonight. He introduced those with him: Dick Brooks; Paul Rode, Target; Bob Lucius; Molly Carson, Target; and forest Russell, project manager, Target. Bob Lucius, RSP Architects said he was a new member of the design team and showed slides of their proposal. He said the gateway would be a place of identity and that the proposal is pedestrian based. He then showed a color palate of the proposed building materials. Paul Rode, project designer for Target, said they want to create a timeless design with traditional elements. Elizabeth Weir said nothing is overwhelming to her. She said she liked the photos of the Chaska Target. She also said the Barnes and Noble design by Ridgedale is classic. Mary Verbick said the design looks much like the 1970's and does not look like a beautiful unique building. Bill Loe said he thought it was a nice job on the architectural features. Dick Picard asked if the landscaping that is shown is how it would look now or how it would look in 20 years. P. Rode said it is very realistic. D. Koppy said we typically look at a 5 year growth. Jeff Pederson, business owner at 225/265 Highway 55, said their concern is that our access stays open to Highway 55. We want to be up to date on the access plans. He said they are also concerned with the traffic flow. The businesses to the south are concerned with staying open and their access. B. Lucius said the Barnes and Noble building that was referenced is very tall and the size of that project is much larger. Planning Commission Minutes December 14, 2004 8 Eric Bergon, 3822 Linden Drive East, asked if lots of roads are being affected and where is the best forum for road issues to be discussed and when. E. Weir said we will know more after tonight. S. Schield said the traffic reports are available for review. MnDOT and the County can do what they want to do with their roadways. She said she did not foresee any changes MOVED BY MARY VERBICK AND SECONDED BY MARILYN FORTIN TO TABLE THE RYAN APPLICATION. MOTION PASSED. 6. DARREL FARR DEVELOPMENT COMPANY — 36/42 HAMEL ROAD Sarah Schield went over her staff report to the planning commission. She said she received an email from Ben Schmidt and he said he was okay with a meeting with staff on December 21st She said staff has received no additional revised plans to review and comment on for this meeting, therefore the recommendation is to table the application indefinitely. MOVED BY MARY VERBICK AND SECONDED BY MARILYN FORTIN TO TABLE THE DARREL FARR APPLICATION FOR 36/42 HAME ROAD INDEFINITELY. MOTION PASSED. 7. DARREL FARR DEVELOPMENT COMPANY —185 HAMEL ROAD — SITE PLAN REVIEW FOR SENIOR CONDO DEVELOPMENT — CONTINUED FROM 11-30-04 Sarah Schield said this is not a public hearing, which was an error in her report. Elizabeth Weir said she would like to continue the discussion of access from the back of the building. She said after thinking more carefully about Lenny's recommendation that the access for this development should be at the back she sees a number of reasons to agree with that: 1 — safety issue, cars and service vehicles coming and going — this works against our goal of a pedestrian -friendly main street; 2 — the underground access off the street will mean a steep sweep down to the garage — not safe for pedestrians with walkers or wheelchairs; 3 — It is not the design look we are after in Uptown Hamel; 4 — Rear access would push the development's guest parking away from Hamel Road, a benefit to a design that de-emphasizes cars.; 5 — by pulling the building back from the rear yard and building it out to the side yard setback, Farr can still accommodate the change and keep the same number of units. S. Schield said staff agrees with the issue with Uptown Hamel. The intersection is not at a perfect 90% angle and this is almost more of a safety issue with cars accessing the building and being so close to Sioux Drive. (where Mi11 Drive comes in) There was discussion of Sioux Drive/Mill Drive, stopping, etc. Planning Commission Minutes December 14, 2004 9 Marilyn Fortin said the very 1st time we met with Farr we discussed the Mill Drive access and dismissed it at that time because of the grade. Chad Adams said the city has kept the Mi11 Drive access because of the privately owned property along Mi11 Drive. Dick Picard said he thought the plan they came in with was very attractive. He wondered what it would look like with back access. E. Weir said there could be more landscaping on Mr. Fortin's side. Clifford Fortin, 195 Hamel Road, said the tax value on his back lot has gone up 300%. The assessor said it was because what developers have paid of the property around it. He said this proposed building is too large for the lot and it would be much better to have access from the rear. He said there is a solid base on Mill Drive. E. Weir said she thought the Uptown Hamel ordinance should be revised to call for rear access wherever possible. Lenny Leuer said if we want the rear access we can get it. C. Adams said we can lobby for it, but cannot deny the application on that basis. MOVED BY MARY VERBICK AND SECONDED BY BILL LOE TO TABLE THIS APPLICATION FOR 185 HAMEL ROAD. MOTION PASSED. 8. MINUTES OF NOVEMBER 30, 2004 The minutes were not complete for review. MOVED BY MARY VERBICK AND SECONDED BY MARILYN FORTIN TO TABLE THE APPROVAL OF THE NOVEMBER MINUTES UNTIL THE NEXT MEETING. MOTION PASSED. 9. PLANNER'S REPORT Rose Lorsung brought the planning commission up to date on Gramercy, their landscaping, etc. She said there were no planning commission items for the December 21st council meeting. Rose said at the January planning commission meeting Gramercy would be back for their preliminary and final plat. They had not gotten their plat that was approved filed, so it must go back thru the Planning Commission and City Council. Sarah Schield said tonight's items are in the developer's hands. Planning Commission Minutes December 14, 2004 10 Chad Adams said there will be 2 vacancies on the planning commission on January 1, 2005; Liz now on city council and Bill Loe had resigned. He said we are looking at changing the terms to January instead of March. Elizabeth Weir said this was her last meeting and she thanked the Planning Commission. She told them they had been super to work with. Lenny Leuer said that years ago the terms were changed to March so the new council could do the appointments. R. Lorsung mentioned the Laurent development in Corcoran and said that she and Jim Dillman would be going to the public hearing. E. Weir thanked Bi11 Loe for his time spent on the Planning Commission. MOVED BY DICK PICARD AND SECONDED BY MARY VERBICK TO ADJOURN. MOTION PASSED Meeting adjourned at 9:33 p.m. Planning and Zoning Assistant Date Planning Commission Minutes December 14, 2004 11