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HomeMy WebLinkAbout05/20/20151. CALL TO ORDER Members Absent: David Schindler CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MAY 20, 2015 The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:00 p.m. Members Present: Tom Melander, Ken Alwin, Tim Burke, Keith Diekmann, Angela Polozun and Paul Scanlan. Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Planner Kathy Bodmer, Planner Margaret Dykes, Assistant City Engineer Brandon Anderson and Department Assistant Joan Murphy. Chair Melander introduced the new Planning Commissioner Angela Polozun. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. Hearing none he called for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the agenda. Ayes - 6 - Nays - 0. 3. APPROVAL OF MINUTES MAY 6, 2015 Chair Melander asked if there were any changes to the minutes. Hearing none he called for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of May 6, 2015. Ayes - 4 - Nays — 0. Abstained — 2 — Alwin and Diekmann. 4. CONSENT ITEMS A. Central Village West — Set public hearing for June 17, 2015, 7:00 p.m. to consider amendments to PD-739, and rezoning of property from PD-739, Zone 1 and 2 to PD-739, Zone 4. LOCATION: Generally northeast of Garrett Avenue and 153rd Street W. PETITIONER: City of Apple Valley MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, adopting resolution setting a public hearing for June 17, 2015, to consider amending PD-739, CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 2ofl3 Zone 4 to allow for publicly owned parking facilities; and rezoning the following properties from "PD -739, Zone 1" to "PD -739, Zone 4 (Planned Development) : a. Parcel 1: Lot 1, Block 2, Village at Founders Circle (proposed parking lot) b. Parcel 2: Lot 1, Block 3, Village at Founders Circle c. Parcel 3: Lot 2, Block 3, Village at Founders Circle Ayes - 6 - Nays — O. 5. PUBLIC HEARINGS A. Embry Estates Second Addition — Public hearing to consider replat of two existing residential lots of record to exchange approximately 1,600 sq. ft. of property between the two lots at 13599 and 13 609 Embry Way. (PC15-19-SF) LOCATION: 13599 and 13609 Embry Way PETITIONER: Michelle Klemz, and Deirdre and Larry Mechelke Chair Melander opened the public hearing at 7:02 p.m. Planner Kathy Bodmer stated the owners of the properties at 13599 and 13 609 Embry Way wish to exchange approximately 1,600 sq. ft. of property between each other which would result in reconfigured lot lines. In order to do that, the owners must replat their existing platted lots. The two lots are fully developed, so no new development would occur as a result of the proposed subdivision. The exchange is roughly equal between the two properties, so there will be little impact to lot sizes. All buildings meet the required setbacks from the relocated lot lines. No other zoning or subdivision issues have been identified. Commissioner Alwin asked if there were any existing fences that could cause issues. Ms. Bodmer answered that she did not believe so. She was told by one of the residents that a surveyor would be going out soon to stake the property lines. Chair Melander inquired for clarification that both property owners wanted to replat their land. Ms. Bodmer answered yes. Chair Melander closed the public hearing at 7:06 p.m. MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke, recommending approval of the subdivision by preliminary plat of Embry Estates Second Addition, subject to compliance with all City Codes. Ayes - 6 - Nays - 0. B. ISD 196 Transportation Hub Facility — Public hearing to consider subdivision by preliminary plat to create 10.22 -acre parcel, conditional use permit for operation of bus storage and maintenance facility with screened outdoor storage area for no more than six (6) buses, and site plan review /building permit authorization to construct a transportation hub facility for 84 buses. (PC15 -20 -SCBG) CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 3 of 13 LOCATION: Northeast corner of Johnny Cake Ridge Road and Upper 147th Street West PETITIONER: ISD 196 Chair Melander opened the public hearing at 7:07 p.m. Planner Kathy Bodmer stated Independent School District 196 wishes to construct a transportation hub facility on the northeast corner of Johnny Cake Ridge Road and Upper 147th Street West. The facility would include a bus garage for storage of 84 buses, bus maintenance, office, fenced temporary storage for a maximum of six buses, and a free standing bus wash and fueling area. The zoning ordinance does not specifically list a bus storage and maintenance facility as a use in the I-1 zone. However, a truck and freight terminal and maintenance facility is allowed by conditional use permit in the zoning district, which is similar to a bus storage and maintenance facility. The proposed subdivision of the 15.8-acre property would create a 10.2-acre lot for the transportation hub facility and a 5.6-acre outlot for future development. ISD 196 and the property owner propose to not extend Evendale Way out to Johnny Cake Ridge Road as previously planned. Instead, the property owner proposes to terminate Evendale Way with a cul-de-sac south of the pipeline easement that bisects the property. The owner would request a vacation of the Evendale right-of-way dedicated north of the cul-de-sac. Vacation requests are reviewed by the City Council. Three access points are shown to the site: a right-in right-out access onto Johnny Cake Ridge Road and full access onto Upper 147th Street West and Evendale Way. The primary entrance to the site would be the Upper 147th Street West driveway. The Assistant City Engineer is concerned about the location of the access on Johnny Cake Ridge Road and would like to have it moved north to provide a right turn lane with a minimum stacking of two buses plus a 60' taper. A preliminary traffic study was conducted by the School District which would be reviewed by the Assistant City Engineer. She commented that the Assistant City Engineer provided a memo which identifies several technical issues related to the project. Currently, no water lines are shown extended to the buildings. In addition, there are gaps in the grading plans that would need to be confirmed to ensure proper stormwater drainage within the site. A plan showing the future full build-out of the site is needed to confirm easements and utility locations. The proposed facility would be located immediately south of the Scottsbriar neighborhood. Screening of the facility from the neighborhood to the north is proposed to be a combination of 8' tall wood privacy fence and landscaping. The School District has hired a noise consultant, David Braslau, to analyze noise levels that would be generated by the facility. Buffering between the residential neighborhood and the proposed facility would be essential and staff is concerned about the adequacy of the screening provided. A cross-section drawing is needed to evaluate the proposed screening. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 4 of 13 Chair Melander asked where the buses are parked now. Ms. Bodmer answered that they are now stored in two locations, the Rosemount facility and Diamond Path facility. Chair Melander asked if the intent when the buses come to the proposed facility that they would be inside the storage area with the 14 doors on each side. He asked if the buses would not be in the parking lot area and they would be stored inside. Ms. Bodmer stated that is a good question and that the biggest transportation times would be early morning and then that afternoon again. We would expect some in and out traffic during the day and that would be a question ISD 196 could answer. Commissioner Scanlan inquired if there had been any other configuration discussed with the City so as not to have bus storage next to the residential area by moving it south versus having it in the north position that it is. Ms. Bodmer replied that it had been reviewed and the idea of the garage configured north/south rather than east /west. She said she would ask the district to provide more information on this. In order to do the staging and get the buses in and out efficiently they would have to have two buildings with an open corridor so the thought was that by doing this there is better screening for the neighborhood as long as those doors are down on the north side. Earlier plans were kind of sketched out and reviewed and that seemed to be the best layout. In terms of placing the building south on the site, she did not believe that was reviewed but there is a challenge on the property and that is there is a very large pipeline easement that is cutting right through middle. Putting the building to the south would have been a challenge from a design standpoint. Commissioner Scanlan asked if there were any elevation changes between the residential and the proposed build area. He asked about the wall and if there are different elevations as far as wall height and a berm or what is the proper way of screening noise control and so forth. Ms. Bodmer commented there is a little bit variety out there because some properties do have a berm and others do not. The City's understanding is that ISD 196 is refining their grading plan so there is probably more work that needs to be done. That would have to be looked at in more detail. Chair Melander emphasized that a 12 foot fence is an extraordinarily high fence. Ms. Bodmer said the maximum height of the fence that the City normally would allow is 8 feet so a variance would be needed to go up to a 12 foot fence. Chair Melander inquired if there were plans as to how that would be designed or how it would look. Ms. Bodmer replied that the plans so far indicate that the fence would be wood. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 5of13 Chair Melander said he would like to see details on the fence before they go farther. Community Development Director Bruce Nordquist requested clarification from Ms. Bodmer that this is obviously one type of use that is being proposed in this type of zoning district. He asked for a comparison of the property to the west in terms of zoning how this property is similar or different. Ms. Bodmer replied that the two developments actually have different zoning designations but it is a very similar use. In an I -1 zoning district office warehouse would be a permitted use. She reviewed the different types of business facilities in the current office warehouse. There are different uses and different activity levels. She could not go into other detail without doing further research. Mr. Nordquist commented that those are not owner occupied spaces but tenant spaces and a little harder to determine what types of tenants might come into the buildings. This proposal is very clear, exactly what is going to be moving forward. He commented he wanted to make that clarification. Commissioner Scanlan asked what type of material would be used for noise control and he would like further discussion of options for noise control that may include masonry concrete versus wood materials. He would like further feedback on the best materials to use. Scott McQueen, Wold Architects representing ISD 196, said they looked at a number of alternatives on this site. The gas line does bisect the property. Locating the building in a north/south direction rather than east /west would show more bus activity. Buses would return from the north side of the building. One -third of the buses do not come back during the day. Washing and fueling of buses would take place on the south side of the site. Service bay location would also be on the south end. There would be plantings and screening between the Lifeworks facility and the bus garage. There is a significant berm now and it is mostly on the neighborhood side. There are mature trees there now. They could add to the berm and go much higher but were told that would not work due to drainage. Their best compromise was to start looking at a fence for screening and noise. They do not want to affect the trees that are there now. There are some access issues that are still in discussion. Commissioner Alwin questioned if traffic from the site would exit onto Upper 147th Street and would continue west and then south rather than north on Johnny Cake Ridge Road. Mr. McQueen said bus drivers take the path of least resistance. They space out their exiting like 5 or 6 buses every 5 minutes over the peak hour so as not to create a traffic jam for themselves. They are encouraged to do right turns, not stack up and burn as little of fuel as possible. It is all based on efficiency. For the first month of learning this facility they will develop some patterns that are good for the traffic system. Commissioner Alwin confirmed that the right in/right out on Johnny Cake Ridge Road is not necessarily the only way those buses will go when they get to Johnny Cake Ridge Road. Mr. McQueen replied that is correct. They will find that the drivers would choose both routes. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 6 of 13 Commissioner Diekmann asked if there were plans for an expansion to the east parcel. Mr. McQueen answered that they had studied this. At this time they had not planned to expand. The buses are currently housed to the east and in Rosemount. They only plan to service Y2 the district buses at this location. If there is any future growth it would be in Rosemount where there is more open land. The general trend would be more eastward. Chair Melander asked for clarification that the reason you need this facility is for efficiency, saving time and saving fuel. Mr. McQueen said mostly for transport efficiency. Chair Melander said he imagines it is difficult to find a place now that saves the buses. Mr. McQueen answered correct. Commissioner Scanlan asked for more detail what the architecture and colors would be. Mr. McQueen answered they are not at a color phase yet but the storage building would mostly consist of garage doors. There would be some slices between doors and there would be service bays and some kind of masonry product. The office building would be mostly masonry with windows. Commissioner Scanlan asked if larger renderings could be brought back to the next meeting so the general public would have a better understanding of what is going in here. Mr. McQueen said they could start to work on it with their client. Chair Melander asked if he could provide more information on the fueling station. Mr. McQueen said there would be two pumps with a covered canopy and below ground tanks with spill protection. Mr. Nordquist asked what the center of the building height would be. Mr. McQueen answered it would be 25 feet in height at the maximum. Mike Erdmann, 5936 — 144th Street W., commented he is in support of the school district in savings. Not in favor of this proposal. He had a concern for noise and traffic it will generate. He said plans previously presented had an increase in the berm that exists on the north end of the property. He had not heard about the 12 foot high wall. He does not agree that the berm is shared. He would like the stakes identified. He said Wenck Associates usage data was provided by ISD 196. He would like ISD 196 to provide more information if future expansion would be possible. He does not believe the data provided by the district was studied for the use. He had traffic CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 7 of 13 concerns with right in/right out on Johnny Cake Ridge Rd. He said there is traffic with the Montessori school students. He has concerns for accidents. He said northbound traffic on Johnny Cake Ridge Road that drivers need to turn right on 144th Street W. do not have a turn lane. He expressed concern for cars driving behind him and not seeing directional signals on for a right turn. He feels the traffic studied was not considered of buses going on 147th Street to Pilot Knob Road. He also feels traffic was not studied at 142nd Street and Johnny Cake Ridge Road either. Usage of the site would avoid peak hours and they agree with this. He feels their rush hour has just gotten longer. He was skeptical of the analysis. It is not just entering into their neighborhood from the north. There are inattentive drivers. He provided pictures of 147th Street and Johnny Cake Ridge Road. They did not think an increased size of the hill would be erected. He thought an 8 foot wall would be erected on top the berm. He wants the property lines identified and asked what the setbacks are. Diagram shows 55 feet. Buses are going to be very close to where the kids use the land for sliding during the winter and water sliding during the summer. He commented drainage would not increase since the district does not plan to add to the berm. He was happy to hear that idea was abandoned. He expressed concern for a 12 foot wall in his backyard. He asked for the Planning Commission not to act on this proposal until it can be worked out. He does not want to see a bigger hill which would be too hard to maintain. He does not feel a 12 foot wall would help preserve the integrity of the neighborhood. He does not think their property values will be preserved and commented who wants to live next to a big noisy stinky bus depot. It drives the property values down because less people would be interested in the property should we choose to sell. He expressed concern for noise and the noise ordinances and feels buses would be heard in the morning hours before 6:00. He believes the vapors would accumulate when the wind blows from the south to the north across the fields. He expressed concern for the lights on the north side of the building and does not know if the noise wall constructed would abate the lights on the building. He felt if the architect and ISD 196 had concerns for fuel consumption they should simply park the buses at the other schools for the day. He feels if the bus drivers would consolidate then the buses could be left at the other schools. He said he walked around the neighborhood and had a petition with 103 signatures opposing the transportation hub. Ms. Bodmer addressed a couple of Mr. Erdmann's questions stating that the City does not have surveyors on staff to locate property lines. That would be the responsibility of the property owner. The minimum building setback from the north is 60 feet and the building is shown 86 feet from that north property line. The minimum setback for the parking lot is 20 feet and the plans show 20 feet from the north property line. Merle Garthune, 5887 - 144th Street W., questioned why it is that they only have one site they are looking at. Why are multiple sites not considered. He commented he agrees a lot with the previous speaker. George Geiger, 14596 Europa Way, added that 84 buses means 84 drivers and their cars coming and going will clog 147th Street and thinks this should be addressed. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 8 of 13 Commissioner Diekmann asked ISD 196 as to what time of the year this facility will operate. Is it just the school year or also include summer time activities. Randy Dukek, Transportation Coordinator for ISD 196, answered that the facility would operate during the school year during the regular school hours and some during the summer hours. Commissioner Scanlan, questioned if the buses need to be warmed up and how long do they need to idle. Mr. Dukek answered that most buses are diesel and are plugged in at night in that building. Drivers have about 15 minutes from the time they punch -in in the morning, pre -trip and leave. Idle time is usually less than 10 minutes. Buses get warmed up as they drive to their first stop. Commissioner Scanlan questioned that buses do not sit idling more than 5 -10 minutes. Mr. Dukek answered correct. Commissioner Scanlan asked what the fleet turnaround time was and when they are turned over to new buses. New bus technology with diesel engines is not like the old diesel buses. Mr. Dukek replied that buses are turned over at around 12 years. There was a retro fit program. Emissions are greatly reduced. John Prosser, 14430 Exley Lane, stated he would be impacted by the traffic on 144th Street and 142nd Street. He asked for the Commission and staff to put themselves in their position so you see what it feels like to be in their shoes with a bus garage coming in. He thinks the Planning Commission is opened minded. He added that they are all against this project and would like another place looked at for this. Ed Martin, 14639 Europa Way, commented he moved into Mistwood last year. He said there would be fumes blowing his way and he was against it. He also expressed concern for the amount of traffic. Ken Franzen, 14555 Europa Ave, commented Europa Avenue should also be considered when traffic issues are studied. Nick Sawka, 5910 - 144th Street, added that with this facility being a maintenance facility, he is sure there will be air tools used which are extremely noisy. The fence may abate the lower level sounds of the bus engines but there is no way it will stop the noise of that facility. Merle Garthune, 5887 - 144th Street W., inquired why ISD 196 did not answer the question he asked earlier as to why another site was not considered. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 9 of 13 Chair Melander commented that Apple Valley has much less land devoted to industrial zoning than other surrounding communities. There is not much to choose from in Apple Valley if you want industrial zoning. That puts some heavy constraints on it. Nick Sawka, 5910 - 144th Street, commented there are three properties just to the west across Johnny Cake Ridge Road that are open and questioned why ISD 196 did not look at them. Chair Melander reported that the Planning Commission responds to what the land proposal is. ISD 196 put in an application where they might want to locate and it is the responsibility of the Planning Commission to respond to it. Jay Baumgartner, 14335 Excelsior Lane, expressed that traffic is going to get worse. Traffic will double. He referred to Bruce Nordquist's comment about land to the west. He said that is a completely different environment there and there are no houses and no noise walls needed. He said any development that requires a 12 foot wall is not appropriate to be butting up to houses. He feels this is not an appropriate use for this property. Commissioner Alwin asked Ms. Bodmer about a traffic comparison of net new versus what is there today. He added that buses are running now. Ms. Bodmer said the Assistant City Engineer is looking into that. Commissioner Scanlan asked what the hours of operation of the maintenance facility would be and how noise would be controlled. Mr. Dukek reported that there would be full service maintenance bays and four mechanics there. Mechanics would be there from 5:30 a.m. to 6:30 - 7:00 p.m. The facility would not be air conditioned and the doors would be opened. Mike Erdmann, 5936 — 144th Street W., commented that any further traffic study should include the Uponor expansion with additional employees. He requested that be included in the consideration. Commissioner Burke asked Ms. Bodmer if she could find out what the wind directions by month are in Apple Valley for the school year because a number of residents had concern about odor. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, leaving the public hearing open. Ayes - 6 - Nays - 0. 6. LAND USE /ACTION ITEMS A. Eriksmoen Cottages Driveway /Garage Variance — Continuance of request for a variance to allow for the retention of a second attached garage and driveway as part of a conversion of a twin -home into a single-family dwelling. (PC15 -21 -V) LOCATION: 13980 -82 Holyoke Path PETITIONER: Eriksmoen Cottages and Brett Foss CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 1Oofl3 City Planner Tom Lovelace stated a building permit has been issued that would allow for the conversion of an existing two - family home into a single- family home at 13980-82 Holyoke Path. The purpose of the conversion is to allow the structure to operate as a day -care home that would be operated by Eriksmoen Cottages, Ltd., a company that provides in home foster care. The operator would provide services to individuals transitioning from institutional and supported living to independent living. They may or may not have physical disabilities as well as the need for independent living skills. Their program allows each individual private space in which they can get used to their independence and communal space where they can work on skills with support from the company's team members who would be present 24/7. The subject property is currently occupied by a twin -home on a one -acre lot. The property is currently zoned "R -5" (Two- Family Residential), which allows for two - family dwelling and any permitted, conditional or accessory use in the "R ", single family districts, as listed in §§ 155.051 through 155.053. This includes one - family detached dwellings and community -based family -care home, day -care home licensed under M.S. § 245.812, or a home for the care of the mentally or physically handicapped licensed by the state. The conversion of this structure to a single- family dwelling would be allowed by zoning, provided that the newly created single- family residential dwelling have only one attached garage and one driveway approach/driveway. Conversion of this building would require the removal of one of the driveways and the approach as well as alterations to one of the attached garages that would render it unusable for storage of passenger vehicles. The applicant would like to keep both garages and driveways /approaches and has requested approval of a variance to do so. Their reasons are to "minimize the impact our program may have on the neighborhood in which it resides" and "maximize the access to natural community supports and resources of our participants". Variances may be granted from the strict application of the provisions of this chapter, and impose conditions and safeguards in the variances so granted, where practical difficulties result from carrying out the strict letter of the regulations of this chapter. Practical difficulties, as used in connection with the granting of a variance, mean that the applicant proposes to use the property in a reasonable manner not permitted by the zoning code provisions; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, would not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. The conversion of the two -home residence for the purpose of conducting a 24 -hour care results from actions created by the applicant and it does not appear that granting the variance is necessary to alleviate a "practical difficulty" since there are not unique features to the property that would render the use of the property in a "reasonable manner ". CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 11 of 13 The applicant stated that there would be three staff members working at the location during the day and two staff workers onsite overnight. Additional staff would be visiting during the day. He stated that removing the second garage and driveway would not affect their operation but by having both driveways, he would be able to keep all vehicles off the street. Current zoning code states that property located in the typical residential zoning districts or planned development districts where the primary use is a single- family residence may have a maximum of four passenger vehicles, in addition to any permitted motorcycles, recreational vehicles or trailers, parked or stored outside the residence. This property would need to adhere to this requirement or would need to receive City approval of an annual "onsite parking permit" for outdoor parking of more than four, up to six passenger vehicles. Finally, removal of the north garage door and its replacement with a wall shall be done in a manner that would ensure that it would blend in seamlessly with dwelling unit's exterior finish. That would require the use the same materials that are currently on the building. Staff is recommending that the variance request to allow for the retention of a second attached garage and driveway as part of a conversion of a twin -home into a single- family dwelling, located 13980 -82 Holyoke Path be denied based upon the following findings: 1. Special conditions do not apply to the structures or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located. 2. The special conditions or circumstances are the result of the actions of the owner /applicant; and 3. The granting of the variance will serve as a convenience to the applicant, and is not necessary to alleviate any practical difficulties as defined the zoning ordinance. Commissioner Alwin asked if there was sufficient side setback if the proposed garage to be removed was turned into living quarters. Mr. Lovelace answered that the front yard was not an issue and the side yard already meets the 10 foot setback requirement. Chair Melander inquired if horseshoes style driveways in the neighborhood had been checked. Mr. Lovelace answered no, he did not do that. The driveway across the street has the appearance of a horseshoe driveway but that is not the case. That property had been considered a corner lot so it is allowed to have a driveway off both sides of the street and there is a garage that comes off the back side. Chair Melander asked if the applicant could be allowed to have a horseshoe driveway and still close off the other garage so they can access from both sides. Mr. Lovelace answered that the code would not allow that. Then the variance request would be to allow for a horseshoe driveway at that location. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 12 of 13 Chair Melander commented even if they do not use it as a garage. He asked the applicant representative if that would be any help to him. Mr. Eriksmoen answered, it would be helpful. Mr. Lovelace said typical setbacks from the front property line are 30 feet and that this house is set back much further. They would have area for additional vehicles to park there. He stated there had been some contradiction from the last meeting as to who was doing the discussion. Understanding was that from the Eriksmoen Cottages representative that they really did not need the driveway nor the second garage but that they would like to have it. It had been the property owner that was more adamant believing that it would function better keeping both garages and both driveways as far as the operation on this site for the daycare facility that Eriksmoen Cottages are proposing. Commissioner Alwin commented he has a concern of setting precedence for multiple driveway entrances in what is intended to be converted from a twin -home into a single- family home. He was concerned it opens them up. Commissioner Scanlan said from looking at the last meeting and again reviewing it tonight, this comes down to an inconvenience concern that we are trying to address and not a true practical difficulty. He struggled with the request at the last meeting and was hopeful they could come up with a solution. He was still feeling the same at this meeting that it is an inconvenience with having to move cars if one is in the way rather than to have the convenience of having extra parking space. He commented the ordinance is what it is and should be maintained what it is supposed to be. Chair Melander commented that rules are rules and that is what we are sworn to do. Rod Eriksmoen, Eriksmoen Cottages, showed pictures of another facility in Burnsville they operate out of set up similar as a twin home that was converted to a single- family home. He feels this could put a hardship on the community around us that are there. He said if family comes over to visit they will be parking on the street. He stated cars parked on the street could be an eye sore. He said for their business they could make it work but it is just one more thing. He understands the City has constraints but you like to have the homes in the area look like a neighborhood and function as much as a neighborhood as you can. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann recommending approval of a variance request for the retention of a second attached garage and driveway as part of a conversion of a twin -home into a single - family dwelling. Ayes - 1 - Nays — 5. ( Alwin, Burke, Diekmann, Melander and Scanlan) 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 13 of 13 Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, June 3, 2015, at 7:00 p.m. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan to adjourn the meeting at 9:13 p.m. Ayes - 6 - Nays - 0. Respectfully Submitted, Jo.`, Murphy, Planning D 'part - t Assistant Approved by the Apple Valley Planning Commission on