HomeMy WebLinkAbout07/19/1995CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
July 19, 1995
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order at 7:05 p.m.
by Chairman Alan Felkner.
Members Present: Alan Felkner, Dave Swanson, Kazen Edgeton, Paul Oberg, Diane
Nagler, and Frank Blundetto.
Members Absent: Mazcia Gowling.
Staff Present: Rick Kelley, Kathy Bodmer, Tom Lovelace, Keith Gordon and Mike
Dougherty.
Others Present: See the sign-in sheet.
2. APPROVAL OF AGENDA
Chair Felkner asked Staff and the Commission members if they had any changes to the
proposed agenda.. There being none, he called for its approval
MOTION: Member Nagler moved,. seconded by Member Blundetto, to approve the
draft agenda as submitted. The motion carried 6 - 0.
3. APPROVAL OF JUNE 21, 1995 MINUTES
Chair Felkner asked Staff and the Commission members if they had any changes to the
draft minutes submitted in the packet. There being none, he called for their approval.
MOTION: Member Oberg moved, seconded by Member Nagler, to approve the minutes
of June 21, 1995 as submitted. The motion carried 6 - 0.
4. CONSENT ITEMS
- None -
5. PUBLIC HEARINGS
A. Planned Development No. 409 Amendment by AVC Partnership
Chair Felkner opened the public hearing with the standard remarks. At this point,
Member Swanson stated that he was stepping down from the Commission for this item
because the development proposal is located immediately adjacent to his place of business
and might be impacted.
Planning Commission Minutes
July 19, 1995
Page 2
Assistant Planner Tom Lovelace introduced the item. He noted that it was located on
the southeast comer of Galaxie Avenue and 145th Street West. The property is currently
guided on the Comprehensive Plan for limited industrial uses and is zoned under a planned
unit development for a mixture of general business, limited business, and certain very
limited retail uses. He noted that the property to the north is developing for townhomes,
and that residential uses existed on the opposite side of Galaxie Avenue. The proposal is
to consider an amendment to the planned. development that would allow convenience,
grocery, and motor fuel sales, as well as caz wash. uses on the property.
Mr. Lovelace then introduced Charles Novak, azchitect and representative of the
petitioner, to make the presentation concerning the proposed development. Mr. Novak
offered more detail concerning the development proposal. He noted that the site is located
just west of the existing Apple Valley Collision. Auto Repair and. Body Shop, and duectly
north of Lampert's Lumber pazking lot. He noted that the building on the westernmost
portion of the property adjacent to Galaxie Avenue would be a convenience grocery store
with gas pumps covered by a canopy. There would also be a second building located
between the convenience grocery store and the existing body shop that would be used for
auto service uses. He stated that at this point, they have not identified the specific uses for
the auto service building.
Mr. Novak referred to the site plan, and said that they were proposing closing the north
driveway access to the Lampert's Lumber facility, and creating. a shared driveway access for
LamperYs and their development proposal to have access onto Galaxie Avenue. They
would also have access onto 145th Street.
Mr. Novak stated. that. they were proposing.: to use. the same building materials for the
convenience grocery and auto service building as had. been used: on the Apple Valley
Collision building, This was a concrete block material, which would. be painted. in different.
shades of gray. In addition, the convenience grocery store would have accents of red and
white, since these are the "trademark colors" of Total Gasoline.
Mr. Novak stated that with the new housing being constructed north of 145th Street that
this convenience grocery and motor fuel sales use would provide a service and fill a need.
Jim Anderson, the property owner, then approached the Commission. He stated that
he is also the owner of Apple Valley Collision. He reiterated that they have not yet reached
a decision on who the auto service tenants would be, but that he would continue to own r_hat
building. IY would be his intent to sell the Total Gasoline and convenience store building
to that operator.
Gary Thorsen then approached the Commission. He stated that he is the proposed
owner and operator of the Total Gasoline and convenience store. He distributed
photographs of some of his other stores. The closest store he owns has been in Rosemount
since 1979.
Planning Commission Minutes
July 19, 1995
Page 3
Commissioner Edgeton asked what the hours of operation would be at this facility. Mr.
Thorsen stated that it is his desire to operate the facility 24 hours a day if it is approved.
He said that 24 hour operation is what he has at his other facilities.
Commissioner Oberg asked what type of lighting was being proposed. Mr. Thorsen
stated that the building and canopy signage would be lit internally, but that the canopy and
building fascia itself would. not be lit. There would be some site lighting.
Mr. Oberg asked about the type of site lighting that would be proposed, and specifically
whether there would be high intensity lights along Galaxie Avenue and. 145th Street. Mr.
Thorsen said that he would use downcast lighting fixtures that would be located on his
property, and not in the boulevard area. It is his desire to only light his property and not
the adjacent public streets. He said that they do believe that they need to have light for
security purposes. and to discourage loitering on the property.
Commissioner Edgeton noted that the site plan indicates the location of a pylon sign.
She asked if there was any design for that pylon sign yet. Mr. Thorsen stated that they are
not that far in the design process.
Mr. Novak stated that the sign would be designed and fabricated to meet the current
Apple Valley sign ordinance. He also noted that the site lighting would.. be on short light
poles, using a metal halide luminary, and that the design would be the result of controlled
photometrics to provide for a uniform lighting across the site with a sharp cutoff at the
property boundaries.
Chair Felkner referred to the combined entrance with LamperYs onto Galaxie Avenue.
He asked if the petitioner had spoken with Lampert's Lumber concerning this access. Mr.
Novak stated that they have spoken to Lampert's Lumber, and that they might wish to
increase the size of the driveway throat from 35 feet to about 40 feet in width. He said they
may also consider some additional adjustments to vary the width of the entry and exit lanes
on the driveway.
Commissioner Oberg asked Staff about the status of 145th Street. It currently dead ends
about one quarter mile east of Galaxie Avenue.
Community Development Director Rick Kelley responded by stating that there are no
firm plans to run the road much farther than about an additional quarter mile. He did note,
however, ±hat there is a large amount of undeveloped light industrial land in that area, and
it is conceivable that the development of that property will necessitate a much further
roadway extension.
Commissioner Oberg asked if the parking requirements for convenience store use have
been met on the proposed site plan. Assistant Planner Tom Lovelace stated that they have
not done a detailed analysis of the site plan at this time, since this is still at the rezoning
hearing state, but that it appears to meet the ordinance in terms of the minimum spaces
Planning Commission Minutes
July 19, 1995
Page 4
required. Mr. Novak stated that the number of parking stalls do in fact meet the ordinance
requirements for retail use.
Tom Lovelace noted that in addition to the parking requirements for convenience
grocery, the auto service building has potential of accommodating a wide variety of auto
service uses, many of which have different ratios for parking requirements.
Chair Felkner noted that this planned unit development zoning ordinance specifically
excludes the use of property for motor fuel sales or convenience grocery store operations.
He noted that the purpose of this exclusion was to discourage intense commercial uses along
the east side of Galaxie Avenue in order to minimize traffic impacts upon that street. Mr.
Thorsen said that his busiest store is located in Bloomington, and has about 1,200 customer
visits per day.
Mr. Novak stated that one of the reasons that a Total Convenience Grocery Store and
Fuel Sales operation was selected for this property was that some of the other convenience
operations such as Super America or Holiday Stores generate a much. higher level of traffic.
He said that the Total Convenience Store would provide neighborhood service, but still be
compatible with the neighborhood.
Chair Felkner asked that for the next meeting staff provide information relative to the
traffic generation of the proposed use versus the current pernutted uses.
Commissioner Blundetto asked if the 1,200 approximate customer visits per day was what
the petitioner was expecting. at this store as well. Mr. Thorsen said that this store would
probably have slightly greater customer visits than the Bloomington store.
Commissioner Nagler referred to the landscape plan and asked the petitioner how he
felt this would fit in with the adjacent residential uses. Mr. Novak stated that they were
selecting landscape materials to tie into the landscaping at the existing Apple Valley
Collision building located duectly to the east. He said that they were proposing a series of
boulevard trees, as well as dense evergreens adjacent to the LamperYs lot on the south.
Also, there would be foundation plantings around the buildings.
Chair Felkner stated that it looked to him like more plantings were being placed
adjacent to the Lampert's pazking lot than along the streets that were adjacent to the
residential areas. Mr. Novak stated that while it was true there were more plantings, they
were smaller plantings. They can make adjus±merts to the landscape plan to meet the
Planning Commission's concerns.
There being no further Commissioner questions of the petitioner, Chair Felkner then
asked Staff to offer a critique of the development proposal.
Assistant Planner Tom Lovelace stated that he was not intending to offer a detailed
review of the site plan since this stage of the development review needs to be centered
around the proposed rezoning.. He noted that the current Comprehensive Plan designation
Planning Commission Minutes
July 19, 1995
Page 5
on the property is, light industrial, and that the proposed planned development rezoning is
not consistent with that category; if the rezoning is to be approved, the Comprehensive Plan
should probably also be amended. He noted that the new housing development located
directly north of 145th Street was at one time designated as a limited industrial use as well,
and that its new current use as housing would seem to justify the reevaluation of the uses
on the south side of 145th Street. He said that the Comprehensive Plan goals do include
the provision of small neighborhood convenience center areas in relative close proximity to
residential neighborhoods in order to provide an alternative toward using the automobile
for certain daily retail needs.
On the other hand, Galaxie Avenue carries a relatively high level of traffic, and the
potential of impact on this road also needs to be evaluated. He noted that other
neighborhood commercial projects are located at four-way controlled intersections rather
than athree-way uncontrolled intersection such as this. The additional traffic movements
that would be attracted to this site, if it were to be used for neighborhood convenience retail
and motor fuel sales, would probably impact the capacity and safety of Galaxie Avenue.
The rezoning request before the Commission is to allow the proposed convenience
grocery and motor fuel sales as a permitted use; if in fact this use is to be established on
the site, Staff believes that it should be a conditional use so that more performance
standazds can be established to limit the potential impacts. He said that motor fuel sales
and convenience grocery are conditional uses in retail business areas as well, so it would be
treated in the same fashion.
Chair Fellrner asked which areas in the. City aze designated in the. Comprehensive Plan
for neighborhood commercial uses. Mr. Lovelace stated. that there is one Iocated at 140th
Street and Pilot Knob. Road, several. along the ring route. area: in the central .business
district, one at Gazdenview Drive and County Road 42, at County Road 11 and Palamino
Drive, at Palomino Drive and Germaine, and also an existing one at 140th Street and
Galaxie Avenue.
Chair Felkner then opened the public hearing to audience comments.
James Jacobson of 14490 Gannon Way approached the Commission. He said that it was
his understanding that there was previously a 100 foot minimum setback or buffer required
along Galaxie Avenue to keep the light industrial uses further away from the residential uses
on the opposite side where he lives. He said that in his opinion, the City should be
censider_'ng closing or reducing the rurYber of driveway accesses onto Galaxie Avenue rather
than the addition of one. He said that as it is now, he has to wait a significant time to be
able to turn off of 145th Street onto Galaxie Avenue, and that this development would
simply add more traffic He also questioned if additional fire protection might be necessary
for a motor fuel sales operation to be located next to a lumber yard. He said that their
neighborhood would be impacted by the glaze of the site lighting, as well as noxious. gasoline
fumes. He asked that the rezoning be denied.
Planning Commission Minutes
July 19, 1995
Page 6
Chair Felkner asked Staff to supply the Commission with traffic counts on the adjacent
streets.
Melissa Read of 14440 Gannon Way approached the Commission. She stated that in
her opinion, there were already plenty of convenience grocery stores in the general vicinity.
She said that as a real estate agent, she thinks that this rezoning and development proposal
would have an adverse effect on the custom townhomes to be built on the north side of
145th Street. She also is concerned about traffic safety and the safety of children who would
be attracted to a convenience grocery store operation. She thinks that a much more limited
commercial use, such as a daycare, would be appropriate on the site and would provide a
more needed service to the neighborhood.
Andy Elaskey of Andy's Market approached the Commission. He said that he owns and
operates the Andy's Convenience and Motor Fuel Sales facility at 140th Street and Galaxie
Avenue, and is very familiar with the local traffic patterns. He stated that the residential
development being constructed to the north is a low density townhome design, and it would
not be compatible with the Total Convenience Mart. He said that the 24 hour operation
aspect is specifically not compatible, nor are the red and white bright colors being. proposed.
He noted that his facility was required to be constructed using an earthtone color and not
allowed to operate 24 hours a day.
Dan Ncholsen of 14399 Embry Path approached the Commission. He stated that he
does. not live anywhere near the proposed development, but felt that the proposal was
important enough to come and speak before the Commission. He said that near his current
home there are two 24 hour a day motor fuel sales and convenience grocery operations
within a quarter mile, and it'is not a desirable situation. for him.. He said that. there are
currently plenty of existing. convenience grocery and motor fuel sales. operations in close
proximity to the 145th Street-Galaxie Avenue intersection so that there does not need to be
an additional facility constructed. These types of uses generate a lot of traffic, and there
is enough traffic on Galaxie Avenue as it is.
Chair Felkner asked that Staff prepare a display illustrating the location and distances
of other similar facilities from the proposed site.
Tom Ernst of 14421 Gannon Way approached the Commission. He said that he could
only echo what has already been said this evening. He is concerned as well about traffic
flow on Galaxie Avenue and the safety of small children. They are all drawn to stores like
this, and he would be concerned about them trying ±o cross Galaxie Avenue. He believes
that if this were to be approved, many young families in his neighborhood would be placed
at risk. He believes that limited industrial uses on the site are okay. He said that there are
plenty of convenience stores close to their neighborhood, as well as plenty of car washes.
James Pochardt of 14449 Gannon Way approached the Commission. He said that there
is already a problem of teenagers hanging out around downtown during the evening hours
and that this would. be a similar attractive nuisance. He was also concerned about the traffic
levels and safety along Galaxie Avenue, which is a 45 mile per hour street.
Planning Commission Minutes
July 19, 1995
Page 7
Andy Elaskey of Andy's Market said that he had not seen a hearing notice sign placed
on the site. Mr. Elaskey was informed that mailed notices had been sent out, and that a
sign should have been placed on the site to notify passersby. Staff will check.
Dan Nicholsen also asked that Planning Commission agendas be made available to
citizens on line with personal computers.
Paula Funk of 14501 Galaxie Avenue said. that her driveway currently goes onto Galaxie,
and that it is very difficult for her to leave her own driveway. She said that this
development proposal would simply add more traffic and increase the noise from trucks and
traffic.
Chair Felkner then closed the public hearing with the standard remarks. He explained
that there would be no action taken this evening, and that at the subsequent Planning
Commission meeting information would be presented that will hopefully answer all of the
questions raised this evening. He said that if the Planning. Commission is comfortable with
the information presented at -that time, they will then make a recommendation. Their
recommendation would then be taken to the City Council for final disposition. He noted
that the next Planning. Commission meeting is on August 2, 1995, and that any written
comments concerning the proposal. be sent directly to City Staff.
Chair Felkner then called a "recess ih place" so that members of the audience not having
interest in the subsequent planning agenda items would have an opportunity to leave.
Commissioner Swanson rejoined the Commission at this time.
6. LAND USE/ACTION ITEMS
A. White Oak Ridge Residential Variance
This item remains tabled at this time.
B. Diamond Path Townhomes II
Assistant Planner Kathy Bodmer introduced the item which consists of a rezoning,
preliminary plat, site plan and building permit review, and setback variances for a townhome
development. The property is generally located in the southwest corner of Diamond Path
and Pilot Knob Road at the dead end of Echo Lane. :t is being proposed by Heritage
Development for construction of Gardner Brothers townhome units. The initial proposal
had been for 26 dwelling units. A proposal at this time has been reduced to 14 dwelling
units based upon additional soil exploration and testing. More of the site had been
discovered to be unbuildable in a cost effective manner than had been originally thought.
No action is being requested this evening, as the developer still needs to prepare a revised
grading plan and more detailed site development estimates before they would be willing to
proceed.
Planning Commission Minutes
July 19, 1995
Page S
Tom Bisch of Heritage Development approached the Commission. He noted that the
current development proposal is for seven two unit twin home buildings for a total of 14
dwelling units. The current site plan is trying to utilize all of the buildable property which
contains unaltered soils in order to minimize site development costs, as well as to provide
for accommodation of a City cul-de-sac at the dead end of Ecbo Lane. He said that the
green space is over the 60% City standard, and that with the current plan no wetlands would
have to be altered so there would be no mitigation required. He said they would be
constructing the buildings to meet the 50% City brick standard, and that the landscaping
would. meet or exceed the 2-1/2% requirement.
The current density now approaches the density of a single family development. He said
that with the reduced density and the high site development costs, this appears to be a very
marginal project for them, and it is possible that they may not be able to move ahead with
it. He said that by reducing the number of dwelling units much more of the existing
vegetation on the south and north sides of the property would be saved.
Commissioner Oberg noted that the developer had been referring to what is called
"Concept B" in their Planning Commission packet. There was also a "Concept A", and he
asked if that was still being considered. Mr. Bisch stated that the "Concept A" site plan has
been eliminated. If they proceed,. it will be only with the "Concept B" layout. He said one
of the reasons for this is they have determined that the townhouse market in Apple Valley
currently is much stronger in the upper bracket price ranges, so that a two unit townhome
development would be much more marketable.
Commissioner Edgeton said that she still has a concern about the straight line layout for
the units on the south side of Echo. Lane. She asked if the reason for this was due. primarily
to Boor soils and wetlands.- Mr. Bisch responded that that was the case.. Commissioner
Edgeton said that perhaps the row effect could be ameliorated by staggering: the setbacks
differently on every other building. Mr. Bisch says that he thinks they may be able to do
that, but would not be able to actually angle the building because of the poor soils.
Chair Felkner stated that he also would prefer staggered setbacks. to break up the row
effect.
Firmin Alexander of 12837 Eastview Curve approached the Commission. He stated that
he had spoken at the public hearing at the previous meeting stating his opposition to the
proposed layout. He said that he considers th?s 1_ayout a much superior design, a_n_d that if
the Forester's report were followed concerning the grading plan and saving of vegetation,
he would be in support of the project, as would the other residents of the adjacent
townhome neighborhood.
Chair Felkner stated that if the density is now lower, the City might wish to consider an
M-1 or an M-Z zoning category rather than the M-3 initially requested. Kathy Bodmer said
that she will check the actual density calculations for the lower density project.
Planning Commission Minutes
July 19, 1995
Page 9
City Attorney Mike Dougherty noted that any rezoning action would have to comply with the
original zoning notice, which was published in the olTicial newspaper.
6C. Cedar Ridge Medical Clinic Sign Variance
Assistant Planner Kathy Bodmer introduced the item which is located on the northeast corner
of Cedar Avenue and 157th Street. The property is currently zoned under a planned unit
development for institutional uses such as a medical clinic. The property owner wishes to receive a
sign variance to increase the size of the monument sign from 60 square feet to 160 square feet, and
to receive approval for a variance to allow a building sign to be constructed on the north face of the
building adjacent to what could become a multifamily building in the future.
Ray Pirannen approached the Commission. He introduced himself as the Assistant Property
Director for Fairview Hospitals, and stated that he is responsible for x1124 of the freestanding clinics
associated with the organization. He said that the current project at this site has been designed and
constructed with a residential character to act as a transition from the residential uses to the south
and east to the quasi institutional and limited business units expected on the north. He said that as
part of their request, they are willing to forego the building sign on the front side of the. building
adjacent to 157th Street, to which the ordinance entitles them, They would also: agree to remove the
sign on the north face, if in fact a multifamily residential building were constructed there. He noted
that. the sign would not be located above the eaves line of the building, but on the eaves fascia itself.
He said that concerning the monument sign; they would move the monument farther to the
north, away from. the corner of 157th and Cedar Avenue to avoid any possible negative impacts on
the residential uses. located. on the south side of 157th Street. One of the reasons they are asking for
a 160 square foot sign there, is that they would not be using their full entitlement of building. signage.
Kathy Bodmer then reviewed the building sign requirements for the Commission, as well as
the permitted uses in the planned unit development to the north, Of particular concern was the size
of the proposed monument sign of 160 square feet, versus the 60 square foot sign provided for
multi-tenant professional buildings in the ordinance.
Conmussioner Edgeton asked if the signage was presented at the time that the site plan and
building permit was reviewed. Staff responded that this was not included with the building plans.
Commissioner Edgeton stated that in her opinion the signage plan should always be submitted with
the b~~ilding pla^..
Commissioner Nagler asked about the size of the building monument sign at Norwest Bank,
which is also a limited business or institutional district. Rick Kelley responded that that is a single
tenant building, and that the monument is 40 square feet in size. Commissioner Nagler then asked
about the sign at Group Health, a similar medical clinic. She was informed that that sign was also a
40 square foot sign.
Planning Commission Minutes
July 19, 1995
Page 10
Commissioner Blundetto asked how large the pylon sign was at the Ryan Real Estate
building. Rick Kelley stated that he believed it was 110 square feet.
Commissioner Edgeton asked the petitioner what he felt the hardship was in order to
receive a variance to the sign regulations. Mr. Pirannen stated that they had received many
comments from the patrons of the building on the difficulty in locating. it at their first visit.
He said that the current monument sign lists the four primary tenants, and that there aze
also numerous specialists practicing in the building.
Commissioner Edgeton asked the petitioner if he was aware of the sign. ordinance
requirements when the building plans were drawn. Mr. Piraanen stated that he does not
remember.
Commissioner Blundetto stated that. based on past actions and denials for sign variances,
he would be very uncomfortable voting for more signage on this building without a better
understanding of what the final result would. look like..
Commissioner Nagler asked the petitioner if he knew that the existing 40 squaee foot
monument sign could be expanded to 60 square feet. Mr. Piirainen stated that he knew
that.
Chair Felkner noted that the 160 square foot request is four times larger than the
existing sign.
Comnssioner Oberg also noted that the exhibit of the proposed sign has blank space
on it, and asked if it could not be reduced in total area. Mr. Piirainen stated that. the blank
space was intended to provide for identification of other tenants;: as well as the future
building expansion (10,000 square feet.
Chair Felkner stated that having a prominent address number on the sign or on the
building is also very effective. Mr. Piirainen stated that currently the address number is not
located on the monument sign; but on the front of the building.
Commissioner Swanson stated that he believes a 160 square foot sign would very large,
and compared it to the Cub Foods sign on Cedar. He did. not think that size would be
appropriate at this location.
Chair Felkner stated that he would be walling to hold this item over to a subsequent
meeting for more documentation, but was particulazly concerned that a hardship
demonstration would be necessary in order for them to show that all businesses are being
treated fairly.
Commissioner Nagler asked Staff if the placement of the sign on the west face of the
building would be in accordance with the sign ordinance. Kathy Bodmer stated that while
there is a multifamily residential use established on the west side of Cedar Avenue, there
Planning Commission Minutes
July 19,1995
Page 11
is a significant enough buffer between that multifamily building and the roadway to allow
a sign to be placed there.
Chair Felkner asked the Commission what their sentiments were concerning a building
sign on the north face. Commissioner Edgeton stated that she felt it would be appropriate,
as long as there was an agreement to remove the sign if a multifamIly building were
constructed on that vacant property.
City Attorney Mike Dougherty noted that. conditions can be imposed on a variance such
as this.
Commissioner Blundetto asked that the petitioner provide some additional exhibits to
better illustrate what the sgnage would look like if it were to be approved..
Commissioner Swanson also asked that a photo of the existing building be presented.
Commissioner Blundetto left the meeting at this time.
6D. Foxmoore Ridge Setback Variance
Assistant Planner Kathy Bodmer introduced the item. The location of the Foxmoore
Ridge Townhome neighborhood is on the southeast corner of 140th Street and Essex
Avenue. The address of the specific unit requesting the variance is 14007 Essex Court. A
40 foot setback is required from. building to building, and the petitioner wishes to expand
the four season porch, necessitating an 8 foot variance. This would result in a 32 foot
setback from the outside corner of the porch addition to the adjacent building.
Walter Gibis, representing the petitioner, stated. that he is the draftsman for the
proposed porch addition. He illustrated a floor plan. showing how the addition would work.
He said that it would not be possible for them to place the porch addition on the north side
of the structure because the roof gabling and valley gutters run in the opposite direction.
Betty Johnson, the townhome unit owner, stated that their neighbors have signed a letter
stating that they do not object to the addition as proposed. She also pointed out that the
porch on the building duecfly behind them is located on the front of the structure rather
than the back, and that there would be a separation greater than 40 feet from porch to
porch.
Ernest Johnson approached the Commission and stated that he was a former building
contractor in outstate Minnesota. Mr. Johnson offered the Commission some history on his
building contractor experiences, again reiterating that it would not be possible to build on
the north side of the building.
The Commission had a general discussion concerning the procedure for a porch or
building addition to be .constructed on commonly owned land maintained by the
homeowner's association.
Planning Commission Minutes
July 19, 1995
Page 12
Chair Felkner and Commissioner Oberg asked the City Attorney precisely what type of
approval would be necessary from the Association. City Attorney Mike Dougherty noted
that the City could approve this variance, and if the Association did not allow it, it simply
would not get built. It would not be necessary to hold up approval of the variance in order
to wait for the Association to act.
Commissioner Nagler asked what the hardship was. There was a general discussion
concerning the orientation of the roof gable and. valley gutters, and it was felt that that did
qualify as a hardship.
MOTION: Member Swanson moved, seconded by Member Oberg, to recommend
approval of the 8 foot variance as requested, subject to approval of the townhome
association for construction upon common property. There was. a general discussion
concerning City Building Inspection Department review of the issue of the roof gabling and
valley gutter orientation. The motion cazried 4 - 1 (Nagler).
7. DISCUSSION ITEMS
A. Quarterly Work Sessions.
Community Development Director Rick Kelley noted that at the last work session the
members of the Commission indicated a desire to meet on a quarterly basis to review policy
issues. and discuss other City business that was indirectly related to the activities of the
Commission.
Staff was requested. to place on the regular agenda, one month prior to the quarterly
meeting,. a notation about the. quarterly work session, and to submit a suggested list of topics
for discussion at the work session.
8. OTHER BUSINESS
A. Sketch Plan for Dakota Rental
Assistant Planner Tom Lovelace introduced the item by identifying the site to which
Dakota Rental wishes to relocate, the northeast comer of Pennock Avenue and 146th Street
West. This property is currently guided on the Comprehensive Plan for Retail Business and
is also zoned for Retail Business. The current zoning ordinance stipulates that rental
opera±ions, such as Dakota Rental, are permit±ed only in a general business or light
industrial zoning district. If the Commission determines that the proposed location for
Dakota Rental is appropriate, there would really be two options. First, the Comprehensive
Plan and zoning map could be amended to change the site to a General Business category.
Or, number two, the zoning ordinance concerning the list of uses in a Retail Business zone
could be amended to include rental operations.
Mr. Lovelace noted that the petitioner has brought a revised site plan different from the
draft plan included in the Planning Commission packet.
Planning Commission Minutes
July 19, 1995
Page 13
Ron Chapman approached the Commission. He stated that he is the current owner of
Dakota Rental, and he recognized that their current location has become undersized for the
type of business that they do. He said that the rental industry has changed dramatically
from the image presented in the late 50's and early 60's, and that he considers most of what
they do to actually be a Retail Business. He said that in the past about 20% of rental
business was considered retail, but that the current industry standards. classify in excess of
50% of their business as retail. As an example,. he noted that when an individual comes in
to rent an item, such as a floor sander, they also are purchasing from the same vendor all
of the supplies associated with doing that work, such as stain, varnish, clean up tools, rags,
etcetera. He said that none of these retail materials are things that can be placed out of
doors, but have to be located within a building, similar to a retail store. They aze not
proposing any type of outdoor storage or chain link fence, with the exception of a place to
store the rental moving vans.
Mr. Chapman then displayed a rendering of the building and the site that he is
proposing, looking from the northwest.
Commissioner Edgeton asked where the rental trucks would be proposed to be located.
Mr. Chapman stated that he knows that right now, because his site is so undersized, he is
causing a problem for the community, and acknowledges that it is a bad situation. There
aze so many trucks that they are often parked on the lawn or sometimes on the street. He
said that at his proposed location he intends to park them on the west side of the property,
located behind the building and adjacent to the property line abutting the American Legion.
parking lot. He also said that he currently has 7 to 8 employees who aze forced to park on
the street. At this site they would be able to park in a much larger parking lot.
Mr. Chapman stated that he has been looking for an alternate location for some time
when he found out that these three lots. would be available: to purchase in the very same
neighborhood as his current operation. He said that this is an important consideration for
him because if he moved to another area in the community already zoned for a retail shop
operation,. he estimates he would loose at least 30% of his. current business.
Commissioner Nagler asked about the proposed building materials. Mr. Chapman stated
that the predominant building material would be a masonry (stucco) with some brick trim.
Commissioner Nagler asked about the draft plan in the Plamung Commission packet that
referred to this as a "metal building." Mr. Chapman stated that that is referring to the
framework of the building only.
Chair Felkner asked if the stucco being proposed would meet the City's building
materials requirements in commercial districts. Mr. Lovelace noted that the building
materials. under a conditional use permit can be negotiated somewhat based on the types
of building materials being used on the adjacent buildings. He noted that the Evergreens
Residential Care Facility located on the opposite of Pennock Avenue was required to have
brick on the side that faces the commercial activities and Pennock Avenue, but was allowed
to have an aluminum or vinyl siding on the side facing the residential azea. He believes that
Planning Commission Minutes
July 19, 1995
Page 14
a similar approach might be used here where brick could be required adjacent to the public
streets, but some other material provided for on the opposite elevations.
There was a general discussion among the Commission on transition uses, such as
Evergreen, and the appropriate combination of exterior building materials.
Commissioner Edgeton asked Staff about the history of the classification of rental
operations in General Business zoning districts. Community Development Duector Rick
Kelley stated that the current zoning ordinance classifying rental operations as a General
Business use existed prior to the 1970's. Tom Lovelace noted that the Cityies of Eagan and
Burnsville had recently changed their zoning code to provide for rental operations within
retail business areas. The City of Eagan does continue to have a conditional use permit
requirement for outdoor motor vehicle storage.
Commissioner Swanson asked the petitioner about the site plan that had been included
in the Planning Commission packet showing the parking lot as being half asphalt and half
gravel. Mr. Chapman stated that it is their intent to have an all asphalt parking lot with no
gravel. They would construct a concrete pad at the drop- off area.
MOTION: Member Edgeton moved, secorded by Member Oberg, to direct Staff to set
a public hearing to consider an amendment to the City zoning ordinance to provide for
rental operations within Retail Business zoning districts. The motion carried 5 - 0.
9. ADJOURNII~NT
Commissioner Swanson moved, seconded by Commissioner Nagler, to adjourn the
meeting. The motion carried 5 - Q meeting adjourned. at 9:43 p.m.