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HomeMy WebLinkAbout08/07/2002CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES AUGUST 7, 2002 CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Chair Karen Edgeton at 7:06 p.m. Members Present: Kazen Edgeton, John Bergman, Tim Burke, Jeanne Churchill, James Hadley, Tom Melander, and Dauid Schindler Staff Present: Community Development Director Rick Kelley, City Planner Tom Lovelace, City Attorney Sharon Hills, Assistant Planner Kathy Bodmer, and Assistant City Engineer Jacob Fick 2. APPROVAL OF AGENDA Edgeton asked if there were any changes to the Agenda. There being none, she call for its approval. MOTION: Burke moved, seconded by Hadley, to approve the Agenda. The motion carried 7-0. 3. APPROVAL OF MINUTES OF J[JLY 17, 2002 Edgeton asked if there were any changes to the minutes. There being none, she called for its approval. MOTION: Burke moved, seconded by Schindler, to approve the minutes. The motion carried 5-0, with Churchill and Melander abstaining. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS None. 6. LAND USE/ACTION ITEMS A. Hillcrest Acres Multi-tenant Building City Planner Tom Lovelace presented the request from Hillcrest Acres Multi-tenant Building for site plan review/building authorization to allow for the construction of a 4,816 sq. ft. multi-tenant retail building that will include one Class II restaurant with a drive up window on a 1.13 acre site. Lovelace reported that a coffee shop is being proposed as one of the tenants of the building. A drive-up window is to be located in the southeast comer of the building for the coffee shop. Access to the window will be via a one way southbound drive located along the east side of the building, which means that the customer will receive their purchase from the passenger side of their vehicle. Lovelace stated that he would recommend that the drive up window as proposed not be allowed. Members of the Commission also expressed their concerns about a drive up window being proposed on the passenger side of the vehicle and are opposed to this plan. Lovelace reported that the most southerly parking area does not meet the minimum required parking setback of 20 feet, resulting in an 8.5 feet setback variance to be approved. Elimination of the drive up window drive aisle would allow the building to be shifted approximately 5 feet to the east, which would in turn increase the area between the building and the west property and would reduce the variance request by 5 feet. Members of the Commission expressed their concems in regards to granting a variance request on a new property, and the fact that there is no hardship. Lovelace reported that a retaining wall varying in height will be constructed along the east and south side of the property and that a separate building permit will be required for the retaining wall. Lovelace stated that the trash enclosure should bemoved-away from any outdoor seating area and be more centrally located behind the building to allow for better access by all businesses in the building. Lovelace will also require that the location of the building's mechanical systems be identified and that these systems be screened in accordance with city code. A memorandum from the City's Natural Resources Coordinator was included in the packet to the Commission with recommendations. Lovelace informed the Commission that any approval would require these recommendations be made as per the memorandum. Lovelace reported that the City's Traffic Engineer has proposed many traffic revisions in relation to the present plan and that any approval be subject to his recommendations. Also, revisions to the plans submitted for a sidewalk and the location of any internal pedestrian connections from the sidewalk to the building must be submitted prior to construction. Eric Pederson, New World Enterprises; addressed the Commission and stated that he would agree to make all of the necessary changes to the plan as recommended by City Planner Lovelace and the Commission. The Commission felt there were too many areas in the plan that warrant changes and are not comfortable with taking any action on this item. The Planning Commission suggested that Mr. Pederson revise the plans and present them at their next meeting. MOTION: Churchill moved, seconded by Melander, to table this Agenda item until the next Planning Commission meeting. The motion carried 7- 0. B. Setback Variance for New House Kathy Bodmer, Assistant Planner, presented the request by Norbert and Judith Brantner fora 10' front yard variance and a 20' rear yard variance to make a newly created lot buildable. Bodmer reported that the Brantners own four lots on the southwest end of 130' Street, next to the Cedaz Avenue entrance ramp. They are in the process of final platting Outlots A and B and shifting the lot line of the lot on which their home is located to create one lot for their existing home and one new lot for single family construction. The Brantners also have a hearing set to consider the vacation of easements along the property line on which the house is currently situation. Bodmer reported the newly created lot will be 23,877 sq. ft., and is shallow compared to typical single family lots due to additional property taken away from them from the State for the construction of the on-ramp of Cedaz Avenue. Also the condemnation of a significant portion of the lots further contributed to the shallow depth. Bodmer stated that taking into account the shallow lot configuration and the 50' rear yard setback required from Cedar Avenue, the buildable lot is quite limited. While not impossible to build on, the lot's current building envelope is not adequate for construction of a new home that would be compatible with the neighborhood. Bodmer reported that the newly created Brantner parcel appears to meet the test for granting a variance. The circumstances that contributed to the size of these lots aze unique to the properties in question, they do not apply to other land or structures in the area, the variances aze not contrary to the intent of the ordinance or comprehensive plan, and the peti±ioners have a demonstrable hardship which, if not alleviated, would make the lot unbuildable. Judith Brantner, the petitioner, addressed the Commission. Commissioner Churchill asked Ms. Brantner if there have been any concerns from the neighbors. Ms. Brantner stated there has only been positive feedback and support from the neighbors. MOTION: Hadley moved, seconded by Bergman, to approve the 10' front yard variance and 20' yard rear variance based upon the hardship created by the shallow depth of the parcel resulting from the condemnation of a portion of the property and its proximity to Cedar Avenue. The motion passed 7-0. 7. OTHER BUSINESS A. State Planning Conference September i1-13, 2002 Rick Kelley, Community Development Director, commented on the upcoming State Planning Conference that will be held in downtown Minneapolis. He informed the Commission that the City would pay for members to attend the Conference. Members interested in attending should contact the Planning Office. 8. ADJOURNMENT The meeting adjourned at 8:06 p.m.