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HomeMy WebLinkAbout03/17/1999CITY OF APPLE VALLEY PLANNING COMMISSION MIlViJTES March 17,1999 1. CALL TO ORDER The City of Apple Valley Planning Conunission rneetiug was called to order by Chair Edgeton at 7:00 p.m. Members Present: Karen Edgeton; Tom Melander, Frank Blundetto, Tim Hadley, John Bergman, Tim Burke (azrived at 7:02), Jeannine Churchill (arrived at 7:05). Members Absern: None. Staff Present: Assistant Planner Tom Lovelace, Planning Intern Margaret Milton, Community Development Director Rick Kelley, Nelda Werlaneister, Consulting Engineer Pat Wrase, Attorney Mike Dougherty. Others Present: See sign-in sheet. 2. APPROVAL OF AGENDA 5-0. MOTION: Melander moved, seconded by Bergman, to approve the agenda. The motion carried 3. APPROVAL OF MARCH 3, 1999, MINUTES MOTION: Hadley moved, seconded by Bergman, to approve the minutes as submitted. The motion carried 6-0. 4. CONSENT ITEMS -None - 5. PUBLIC HEARINGS A. Preliminary Plat to Subdivide One E~sting, Occupied Single Family Lot into 3 Lots (Chateau Estates 8th) Chair Edgeton opened the public hearing with the standazd retnarks. Assistant Planner Tom Lovelace introduced the item. Edgeton asked if variances might be needed. Lovelace responded that Lot 2 may have a problem meeting the 150 foot width requirement. Bergman asked about access poirrts, and Lovelace said they would be from 133rd Street and 133rd Court. The petitioner Gary Buesgens said any new homes built on the pazcel would exceed the value of the surrounding neighborhood, and that the proposed lots would still be larger than most in the area. Buesgens introduced Paul Reiland of Johnson-Reiland Constmction. Reiland showed where the potential location of a house could be and still meet the setback and 150 foot width requirements. Planning Commission Minutes March 17,1999 Page 2 Lovelace stated it might be in the cit}~s best interest to requite the applicant to show potential footprints ofthe lots for the two dwelling units. This, along with a preliminary grading plan, would give us a better understanding of any impacts. Tom Fabel, an attorney with Lindquist & Vemimn, representing John and Teresa Forsyth, referenced a petition of opposition to the project signed by 16 ofthe 21 owners in Chateau Estates. He wart on to say that his interpretation ofthe Declaration of Covenants is that they prohibit any lot split in this subdivision, and that the existence ofthe covarants aze noted on Buesgars' Certificate of Title. There being no other public canmmart, Chair Edgeton closed the publichearing at 7:27 p.m. B. Rewning from "R-3" to "R-5" and Preliminary Plat to Create 6 Duplex Dwelling Units- Walter Homes Addition Chair Edgeton opened the public hearing at 7:29 p.m. with the standard remarks. Pluming hrtern Margaret Milton introduced the item. There were sorrie questions and clazification regarding the retairvng walls proposed. Petition Rob Walter stated that the square footage ofthe homes is 1300, and that the economics do not work with only two buildings. He wart on to describe some ofthe features of the proposed development, including asphah drives, concrete walks, and irrterlocldug block for the retaining walls. Walter Homes would own the units and rent them. Corrmrissioners Edgeton and Blundetto expressed concerrr with the number of variances requested. Denny Murphy of 12885 Germane said he was concerned about putting six units on such a difficult piece of property. Donna Cleare of 7300 W. 130th Street submitted a petition, includingphotographs, from 130th Street residerrts opposed to the project. She asserted that the proposed units would not fit in with the neighborhood. John Kallaus of 7360 130th Strcet statedthiswas a cul-de-sac ofsingle-family homes, and that there is no shortage in this neighborhood of rerrtal property or affordable housing. Eric Lee of 12579 Garrett Avenue said the retaining wall for The Summit was a big problem, and this one could be also. He went onto say that Germane and 130th Strcet is a racetrack, and that shortened setbacks would be a safety problem. Bill Tigner of 7019 130th Street questioned the accuracy of the plans and elevations, and requested abetter cross-section view and assessment of the elevations. Brad Jacobsen of 7300 W. 130th Street said it appeared there were lots of exceptions requested, all for the benefit ofthe developer. He added that he is concerned about slopes, retaining walls and nmoff. Walter stated that all the drawings, done by Hedlund Engineering, aze accurate. Jim Kelly of 7315 130th Street said when The Sununit went in we were told we would see only rooftops, and we see foundations. Planning Commission Minutes March 17,1999 Page 3 There being no other public comments, Chair Edgeton closed the public hearing at 8:07 p.m. C. Preliminazy Plat to Subdivide One Existing, Occupied Single Family Lot into 2 Lots (Chateau Estates 7th) Lovelace introduced the item He added that he recommends requesting a building footprint for the proposed future lotto complete the analysis ofthe project. The petitioner Jerry Pelletier of 13391 Havelock Trail said he can submit a building footprint and P~drn$ plan. Tom Swoope of 13396 Havelock Trail said he feh the proposal was in contrast to the rest ofthe neighborhood, which lots consist of about an acre. He also stated his concern that this project would open a floodgate for other lot divisions. 6. LAND USE/ACTION ITEMS A. Rearyard Setback Variance for Deck and Porch Addition at 5545133rd Street Court by Doug and Cherie Serie Lovelace introduced the item. He explained that although the City must solicit input from the DNR on projects affected by the Shorekrod Ordinance, the DNR is purely advisory in this capacity and the City has the decision-malting authority. Community Developmerd Director Rick Kelley descnbed how the elevations of Long Lake and Fazquar are controlled. so that flooding is not an issue. The petitioner Doug Serie stated that the existing decks on his property need to be replaced because of age and deterioration. No trees will be impacted by the proposed conshuction. MOTION: Burke moved, seconded by Blundetto, to approve a variance for conshnction of a 12 x 15 ft. three-season porch and a 45 x 8-12 ft. deck because ofthe hardship created when the prnperry was included into the shoreland'~' g district and due to the lack of any adverse impacts the variance would cause as identified by theDNR. Motion carried 7-0. 7. OTHER BUSINESS A. Resolutions of Appreciation Kelley stated that former commissioners are generally recognized for their service, and the resolutions are offered for that propose. MOTION: Melander moved, seconded by Burke, to adopt the resolutions of appreciation for Lou Clark, Diane Nagler and Jce McNamara.. Motion carved 7-0. 9. ADJOURNMENT MOTION: Blundetto moved, seconded by Burke, to adjourn. Motion carried 7-0. The meeting adjourned at 8:32.