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HomeMy WebLinkAbout08/17/2005CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES AUGUST 17, 2005 1. 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, Jeannine Churchill, Thomas Helgeson, Jim Hadley, and *David Schindler *Commissioner Schindler arrived at 7:01 p.m. Members Absent: Tim Burke and Tom Melander Staff Present: Community Development Director Rick Kelley, City Planner Tom Lovelace, City Attorney Sharon Hills, and Assistant City Engineer Colin Manson 2. APPROVAL OF AGENDA Chair Edgeton asked if there were any changes to the Agenda. There being none, she called for its approval. MOTION: Commissioner Churchill moved, seconded by Helgeson, to approve the Agenda. The motion carried 4-0. 3. APPROVAL OF MINUTES OF AUGUST 3, 2005 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 Churchill, to approve the minutes of the August 3, 2005, meeting. The motion carried 5-0. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS None. 6. LAND USE/ACTION ITEMS A. Pennock Avenue Office Building -Site PlanBuilding Permit Authorization to Allow for Construction of a 15,000 sq. ft. Office Building Tabled at the request of the petitioner. B. Eddie Cheng's Restaurant CUP -Consideration of a Conditional Use Permit and a Variance to the Required Parking to Allow for a Class II (Carry Out) Restaurant in the "RB" (Retail Business) Zoning District City Planner Tom Lovelace presented the request from Zhong Qun Zheng and Galaxie Commons, LLC, for a conditional use permit (CUP) and variance from the minimum parking requirement to allow for a Class II (carry out) restaurant. Lovelace reported the restaurant will occupy approximately 1,100 sq. ft. of an existing 15,360 sq. ft. multi-tenant retail building, located in the northwest corner of Galaxie Avenue and 153`a Street West. The building is currently occupied by Hirschfield's Dunn Bros. Coffee Shop, Valley Cleaners and Tailors, and Fajita's Southwestern Grill. The 1,100 sq. ft. of space currently vacant would be occupied by the proposed restaurant. Lovelace reported that the applicant is also requesting a variance from the minimum parking requirement for acarry-out restaurant of 9 parking spaces. The Galaxie Commons building has 100 off-street parking spaces available and the current uses have a minimum parking demand for 99 of those spaces, leaving 1 parking space for the remaining vacant space. Lovelace reported that the major obstacle in approving this request is parking space availability. The increase in demand for pazking has been generated by 2 restaurants already existing in the building. The Dunn Bros. Coffee requires 18 spaces and Fajita's Southwest Grill requires 55 spaces. If those spaces were used for typical retail, the minimum parking demand would be 33 spaces. Lovelace stated that the parking situation has been created by the landowner, and therefore, would not meet the hardship test other than not altering the essential character of the locality. As requested by the Planning Commission, the City's traffic consultant reviewed the parking demand and determined that the proposed use would have a peak demand of 9 parking spaces. Staff originally determined that 6 spaces would be required, which was based on calculating this use as a retail operation. Lovelace reported that the applicant is unable to provide these spaces on site. Therefore, staff has proposed to the applicant the installation of 8 on-street pazking spaces, 6 along the west side of Galaxie Avenue and 2 spaces along the north side of 153rd Street West directly abutting the Galaxie Commons site. During the public hearing, Randall Pedersen, the applicant, stated that he would be in favor of installing bump-out parking along Galaxie Avenue. Chair Edgeton stated that she thinks the bump-out parking is a great idea and will conform to the overall Central Village Plan located within close proximity of the site. Edgeton also asked staff to have a direct discussion with Culvers to see if they also might be interested in installing the bump-out parking along Galaxie Avenue. Commissioner Churchill stated that after visiting the proposed site, she didn't think that 6 parking spaces would fit unless they are located on part of the Culver's property. Commissioner Helgeson asked other members of the Commission if they would be comfortable approving this request if only 4 spaces are buildable on the site. The Commission stated that it would be comfortable with 4 parking spaces. Commissioner Schindler stated that he would like to see the spaces uniform with the parking spaces across the street. MOTION: Commissioner Schindler moved, seconded by Churchill, to recommend approval of a conditional use permit to allow fora 1,100 sq. ft. carry-out restaurant at 15265 Galaxie Avenue, on property legally described as Lot 2, Block 1, CULVERS ADDITION, subject to the following conditions: • No service other than carry-out, as defined by the City Code shall be allowed. • No drive-through facilities shall be allowed. • Ventilation equipment that minimizes the release of grease and smoke shall be installed. • A variance from the minimum on-site parking requirement shall be granted, subject to the installation of 6-8 on-street parking spaces along the west side of Galaxie Avenue and 2 spaces along the north side of 153`a Street West directly abutting the Galaxie Commons property, in accordance with the Central Village design specifications. The owner of the Galaxie Commons property shall bear the full financial responsibility for the installation of these parking spaces. The motion carried 5-0. B. Burrows Setback Variance -Consideration of a Variance from the Required Building Setbacks of 75 Feet from the Ordinary High Water Mark of Farquar Lake and 30 Feet from the Front Property Line to Allow Construction of a Single Family Home on Two Existing Lanes City Planner Tom Lovelace presented the request from Steven Burrows for a variance to the front and rear yard setback requirements to allow for the construction of a single family home with athree-car attached garage on two existing lots located along the north side of Dominica Way, approximately 1/4 mile west of Diamond Path. Lovelace reported the applicant is proposing two variance request options. The first option would place the front of the house (except for the 10.5' x 10.5' covered entryway) at the 30' front yard setback line. The garage would encroach up to 22', the dwelling up to 8', and the deck up to 5' into the 75' shoreline setback area. The second option would move the house south 10' into the front yard setback, putting the covered entryway approximately 10' from the front property line. The garage would encroach up to 12' into the reaz yard setback area, with the deck and rear of the dwelling falling into compliance. The side of the dwelling would encroach up to 5' in the shoreline setback area. Lovelace reported that the property is located in the "R-1" (Single family/40,000 sq. ft. min. lot azea) zoning district. Because of the proximity of the site to Farquar Lake, this site is also located in the "SH" (Shoreland District). One of the performance standards in the "SH"zoning district is that a building must be set back a minimum of 75' from the normal high water mark, which is established to ensure water quality and minimization of the visual impact of development. Lovelace reported that in order for a variance to be approved, the City must fmd that "special conditions applying to the structures or land in question are particular to such property, or immediately adjoining property' do not apply generally to other and land or structures in the district; and that the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." Lovelace stated that the lot configuration, with its curved boundary lines and location adjacent to a small bay, creates a buildable area that could accommodate the type of dwelling unit that is constructed in this community. In addition, the Minnesota Deparhnent of Natural Resources reviewed the two variance options and stated that they would not oppose the second option (Sketch No. 2) of the variance request. Lovelace stated that staff is recommending approval of this variance request based upon the hazdship created by the peculiar shape of the site and its irregular boundary lines. MOTION: Commissioner Churchill moved, seconded by Hadley, to recommend approval of the applicant's request for building setback variances for Lots 1 and 2, Block 1, FARQUAR LAKE ADDITION, in accordance with "Sketch No. 2", dated August 2, 2005, based upon the hardship created by the peculiar shape of the site and its irregular boundary lines, subject to the following conditions: • Issuance of a building permit shall be subject to the replatting of the two lots into one lot of record. • Building construction, including the deck, shall be in conformance with the exterior perimeter of the floor plan dated August 8, 2005. The motion carried 5-0. 7. OTHER BUSINESS None. 8. ADJOURNMENT MOTION: Commissioner Schindler moved, seconded by Churchill, to adjourn the meeting at 7:25 p.m.