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HomeMy WebLinkAbout01/07/2004CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES JANUARY 7, 2004 CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Chair Karen Edgeton at 7:00 p.m. Members Present: Karen Edgeton, James Hadley, Tom Melander, Alan Duff, Jeannine Churchill, and *David Schindler Commissioner Schindler arrived at the meeting at 7:03 p.m. Members Absent: Tim Burke Staff Present: Community Development Director Rick Kelley, City Attorney Sharon Hills, City Planner Tom Lovelace, Assistant Planner Kathy Bodmer, Assistant Planner Margaret Dykes, and Assistant City Engineer Jacob Fick. 2. APPROVAL OF AGENDA Chair Edgeton asked if there were any changes to the Agenda. Community Development Director Rick Kelley added the following Agenda item under section 7. OTHER BUSINESS -Invitation to the January 8, City Council Informal Meeting. Chair Edgeton called for approval of the Agenda as amended. MOTION: Commissioner Hadley moved, seconded by Churchill, to approve the Agenda as amended. The motion carried 5-0. 3. APPROVAL OF MINUTES OF DECEMBER 17, 2003 Chair Edgeton asked if there were any changes to the minutes. There being none, she called for its approval. MOTION: Commissioner Hadley moved, seconded by Duff, to approve the minutes of December 17, 2003. The motion carried 5-0. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS A. Blundetto Conditional Use Permit for Accessory Unit Dwelling (AUD) and Variance from Maximum Height of Single Family Home Chair Edgeton opened the public hearing with the standard remarks. Assistant Planner Margaret Dykes presented the request from Frank Blundetto for a conditional use permit to construct an Accessory Dwelling Unit (AUD) above a garage addition and a variance to exceed the maximum height permitted for a single family home. The property is located at 12969 Diamond Path and is zoned "R-1" (single-family residential, minimum lot size of 40,000 sq. ft.). Dykes reported a conditional use permit is requested for the AUD because an AUD is a conditional use in the "R-1"zoning district. Dykes notes that the AUD is larger than 40% of the footprint of the primary residence and the house is not yet served by municipal water and sewer. Blundetto has connected to City water as of tonight's meeting and has requested the City serve his property with sanitary sewer as well. Staff recommended that approval of the requested AUD be contingent upon the installation of sanitary sewer to the property. The proposed AUD is approximately 1,100 sq. ft. The footprint of the primary residence is 2,370 sq. ft. The AUD is approximately 46% of the footprint of the residence, which exceeds the 40% rule allowed in the City's ordinance. The total living area of the primary residence will be approximately 3,270 sq. ft. making the AUD 34% of the total living area. If the AUD is approved, the total living space will be 4,380 sq. ft. Dykes informed the Commission that the ordinance allows the City to increase the size of the AUD provided it is in keeping with the surrounding neighborhood. With the AUD, the subject home will be larger than surrounding residences, but is located on a 3-acre lot. It is staff's opinion that the proposed house fits the landscape of the lot. Staff also believes the request is consistent with the intent of the AUD ordinance. Chair Edgeton stated that she is concerned that the garage is not included in the calculation of the footprint of the AUD and feels the ordinance needs to be reviewed. Commissioner Schindler asked if there is a limit to the size of the garage a home can have. Dykes stated the garage cannot exceed the size of the footprint of the home and must meet all setback requirements. Schindler was concerned that residences could simply add more garage space in order to be granted a larger AUD. Commissioner Melander stated increasing the garage size would probably not happen because the way the ordinance is presently written, a resident could still simply add on to their existing home to increase the footprint. Dykes reported the applicant is expanding the existing house and adding an attached garage onto the house expansion. The garage will replace an existing detached garage and the proposed AUD would be located above the new garage. If the AUD is not granted, the applicant will use the living space above the garage for a family room. A variance is needed for the height of the AUD/garage addition. The zoning code requires that no one side of a single family residence be taller than 35 feet as measured from grade. The rear elevation facing south to Lake Farquar has a height of 45 feet. The 35 feet requirement is met on the other three sides of the residence. The applicant has stated that the topography of the site makes it difficult to complete the garage addition without a variance. There is an 11 foot difference between the top of the existing grade at the front of the existing house and the grade of the existing basement. As part of the garage addition, asub-grade garage was constructed which matches the elevation of the basement of the existing house. The applicant is trying to limit the amount of grading done on the site and trying to maintain as much as possible the existing grades surrounding the house. The proposed garage will be constructed in the same area as the old, detached grange and only one significant tree is being removed for the garage addition. Commissioner Churchill asked if there is any possibility the applicant would later subdivide the property. Frank Blundetto, the applicant, addressed the Commission and stated that as of now, he has no intentions of subdividing. Blundetto stated that however, in the future if surrounding properties were intetested in subdividing, part of his property could be involved in the process. He stated that if subdivision were to be considered it is his intention for the property to remain within the R-1 zoning category. Chair Edgeton asked if any one from the public would like to address the Commission regarding this proposal. Kara Petter, 13000 Pilot Knob Road, asked if an AUD could be rented to people outside of the family of the primary residence. Assistant Planner Kathy Bodmer stated that the AUD could be rented out to non-related people as long as the owner occupies either the primary residence or the AUD. Chair Edgeton closed the public hearing with the standard remarks. Dykes reported that it is the policy of the Planning Commission not to act on an item the same night. as its public hearing but since no adverse comments were received from the public, staff is recommending approval of the request for a Conditional Use Permit for an Accessory Dwelling Unit (AUD), and a variance to exceed the allowable building height. MOTION: Commissioner Melander moved, seconded by Hadley, to recommend approval of a Conditional Use Permit for an approximately 1,100 sq. ft. accessory dwelling unit (AUD) to be located above a garage addition at 12969 Diamond Path according to the building plans dated November 20, 2003, subject to compliance with all applicable City codes, with the following conditions: a. The Conditional Use Permit shall not be issued until the addition to the existing house is complete. b. The Conditional Use Permit shall not be issued until the subject property is serviced by municipal sanitary sewer and water. c. The owner shall provide proof of occupancy to the City on an annual basis in a form acceptable to the City Attorney's office. d. hi the event that the home is no longer owner-occupied, the AUD kitchen shall be removed and the separation between the two living units shall be removed. e. A certified copy of the Conditional Use Permit shall be filed with the property deed at the Dakota County Recorder's office. Evidence of the recording shall be provided prior to the issuance of the building permit for the AUD. f. The AUD shall comply with the performance standards of the AUD ordinance except that total floor area of the subject AUD maybe increased from 40% of the footprint of the primary residence to not more than 46% of the footprint of the primary residence. The motion carried 6-0. MOTION: Commissioner Melander moved, seconded by Hadley, to recommend approval of a variance altering the height of the south face of the subject building from the required 35 feet to 46 feet due to the steep topography of the subject property. The motion carried 6-0. 6. LAND USE/ACTION ITEMS A. Harmony Commons -Subdivision of 28.5 Acres for Future Commercial Development and Site Plan/Building Permit Authorization Tabled at the request of the Petitioner. 7. OTHER BUSINESS A. Legacy Village North Mixed-Use Development Environmental Assessment Worksheet (EAW) City Planner Tom Lovelace presented the Environmental Assessment Worksheet (EAW) prepared for the Legacy Village North Mixed-Use Development, a proposed development that will include office, retail, restaurant and a variety of medium and high-density residential uses. The 26.6 acre site is located at the northeast corner of Galaxie Avenue and 153rd Street West. The land use proposal was submitted by Hartford Group, Inc., and identifies the potential development of 280 attached dwelling units and 302,000 sq. ft. of commerciaUoffice/retail space. Lovelace reported the state statute defines an EAW as a brief document that is designed to set out the basic facts necessary to determine if an Environmental Impact Statement (EIS) is needed and to indicate how the project can be modified to lessen its environmental impact. The proposed number of attached dwelling units and comrercial footage made it necessary for an environmental review. The EAW is required by the Minnesota Environmental Equality Board (EQB) Rules. The EAW was performed by SRF Consulting Group, Inc. A copy of the complete report was distributed to the Planning Commission in their packet. Lovelace gave an overview of the process and the findings. Commissioner Hadley noticed there wasn't a storm water pond in the plan and inquired as to where the storm water will flow. Lovelace stated that the storm water will flow into the Home Depot pond. Chair Edgeton wanted to make sure that it is understood that this document is by no means an approval of the site plan for this area. She stated she wanted to make sure that a totally separate review would be done to determine whether the plans meet the Central Village design guidelines. Lovelace informed Edgeton that this document is in no way approval of a site plan for Central Village and is only related to approval of an EAW for this area. Commissioner Duff asked if there was any difference between this EAW and the EAW that was performed for Harmony Commons. Lovelace stated that the numbers of commerciaUretaiUoffice and square footage might be different but the EAW is the same with the exception of an existing pond located in Harmony Commons. Commissioner Duff inquired about the location of the hazardous area indicated in the EAW. Lovelace stated it is mostly in the right-of--way on Foliage Avenue. Commissioner Churchill commented that in Blocks 6-11, there appears to be more commercial space than what is listed in the Central Village Plan. Churchill wanted to know what kind of impact that would have on the EAW. Lovelace stated that there would probably be minimal impact and that the biggest concerns would be traffic and storm water. Chair Edgeton asked if anyone from the public was present to address this subject and if so, they may do so at this time. No public comments were received. Commissioner Melander wanted to point out that the tributary of the Vermillion River is more of a ditch than a water flow. Lovelace stated that the River is a designated trout stream. The concerns in the EAW are mostly regarding water temperature and water quality that would impact the trout stream, in addition to volume and erosion issues. Commissioner Duff asked how staff plans to respond to the comments and issues brought forth in the EAW. Lovelace stated that staff will determine if an Environmental hnpact Statement (EIS) is needed at a later date. B. Kelzenberg Sketch Plan -Proposed Subdivision of 3-Acre Parcel into 6 Single Family Lots Assistant Planner Kathy Bodmer presented the sketch plan from Mike Kelzenberg For a proposed development of the former Dorniden property located at 13644 Pilot Knob Road. The applicant currently owns three lots which have a combined area of approximately 3 acres. The applicant will be requesting a rezoning of the property from "R-1" (Single family, minimum lot size 40,000 sq. ft.) to "12-2" (Single family, minimum lot size 18,000 sq. ft.) and a subdivision by preliminary plat to create six lots on the property. No official action is needed from the Commission. The applicant is seeking feedback regarding the proposed development before proceeding with a formal application. Bodmer reported the property is currently comprised of Lots 5, 6 and 7, KNOTTYWOODS. The property is located on the east side of Pilot Knob Road, approximately 400' north of Essex Trail. The sketch plan shows the home on the property would remain in its current location and that a new public street would be extended around the house from Pilot Knob Road to the east side of the property. Bodmer stated that staff have been pursuing whether the now dead-ending Embry Way could be extended up through this location to provide a loop street when Embry Way becomes a public street. Bodmer reported that on August 6, 2003, the Commission reviewed a sketch plan of the proposed redevelopment of the entire Embry Way neighborhood which included the Dorniden property. The plan showed Embry Way extended up from its current location up through the middle of the Dorniden property. Because the home is located in the middle of the property, it would have been necessary to either move or demolish the Dorniden home in order to construct the street as shown in the previous plan. The applicant has indicated that it is necessary for him to save the existing home and the layout from the August 6`h meeting is not feasible for him. After reviewing the applicant's proposed plan, the City Engineer states that the proposed new road is shown to be constructed over the low area of the property and a considerable amount of fill, grading, and tree removal would be required. A substantial number of trees immediately adjacent to the southern property line would have to be removed which would have directly impacted the neighboring properties to the south. Therefore, staff's view is that the August 6th layout showing the road extending through the middle of the Dorniden property is a much better design of the property. Commissioner Melander stated that the Dorniden property is heavily wooded with many mature trees. In addition, he stated that the proposed plan presented tonight is an awkward layout and that some R-1 property should remain in Apple Valley. Chair Edgeton also commented that the proposed plan is not a good layout of the property. Commissioner Churchill asked if the narrowness of one of the lots on the plan is an issue. Bodmer stated that with the proposed plan, a variance would probably be needed. Mike Kelzenberg, the applicant, addressed the Commission. Kelzenberg stated that unless the Dorniden home is moved, it is not fmancially feasible for him to proceed with the plan. Kelzenberg asked the Commission if there is a possibility for the City to pay for the cost of moving the home. Chair Edgeton informed Kelzenberg that the City would not consider that option. Kelzenberg informed the Commission that he would have to withdraw his request if the City is not willing to pay to move the Dorniden home. C. Meeting Reminder Community Development Director Rick Kelley extended an invitation to the Planning Commission to join the City Council on January 8th, 2004, for a presentation on the Dakota County Cedar Avenue Transit Study the 2025 Transportation Plan. 8. ADJOURNMENT MOTION: Commissioner Churchill moved, seconded by Hadley, to adjourn the meeting at 8:36 p.m.