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HomeMy WebLinkAbout03/15/2017CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MARCH 15, 2017 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:00 p.m. Members Present: Tom Melander, Ken Alwin, Tim Burke, Keith Diekmann, Jodi Kurtz and Paul Scanlan. Members Absent: David Schindler Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, City Engineer Brandon Anderson, Planner Kathy Bodmer and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. Community Development Director Bruce Nordquist reported that there was a new agenda prepared because item 5B - Valley Middle School/Southview Elementary Additions did not state there was a variance requested by the applicant but that the variance was reflected in the staff report. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the new agenda. Ayes - 6 - Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving the minutes of the meeting of March 1, 2017. Ayes - 6 - Nays - 0. 4. PUBLIC HEARINGS --NONE-- 5. LAND USE/ACTION ITEMS A. Johnson Building Setback Variance - Consider a variance to reduce shoreland setback from 75 ft. to 66 ft. (9 -ft. variance) to allow for the construction of a 12 -ft. x 17 -ft. (204 sq. ft.) 4 -season dining room addition. (PC17-05-V) LOCATION: 13500 Embry Way PETITIONER: Jeff and Deborah Johnson CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 15, 2017 Page 2 of 8 Planner Kathy Bodmer stated that the Staff reviews variance applications based strictly upon the requirements of the state statutes and the City Code which require that the applicant establish that there are practical difficulties present in order for a variance to be granted, and that logical alternatives are not available. She said staff was unable to recommend approval of the variance because it does not meet the staff's strict interpretation of the zoning code and practical difficulties test. She provided background information that Jeff and Deborah Johnson, owners of 13500 Embry Way, request a variance to add a 12' x 17' addition onto the rear of their home to expand their existing dining room area. Pilot Pond is classified as part of Long Lake by the DNR and is subject to the shoreland overlay zoning requirements; the rear yard of the lot falls within the SH setback. The minimum setback is 75' from the ordinary high water elevation of 902.4'. This request is to encroach into the SH setback by approximately nine feet (9') on the north side of the addition and five feet (5') on the south side of the addition. The Johnson home was built in 2013 on Lot 2 of Knottywoods 3rd Addition. The subject lot was created in 2006 by splitting an existing oversized single family parcel into two parcels. Variances were granted for the project to reduce the minimum lot area of Lot 1 abutting Pilot Pond from 20,000 sq. ft. to 18,742 sq. ft. Variances were also granted to allow a detached garage to be reconstructed on Lot 1 by reducing the required OHW setback from 75' to 50' and by reducing the Embry Way setback from 30' to 22'. The Knottywoods 3rd Addition development agreement specifically identified a building pad area on Lot 2 that would meet all the required setbacks. The requested variance would exceed the limits of the approved building pad area. It is staffs view that the approved building pad has sufficient room available to construct a sizable addition onto the home. Such an addition may require internal remodeling. The owners state that internal remodeling would make the project infeasible. The proposed addition is convenient for the property owner, but staff finds that reasonable alternatives exist. She added the Johnsons stated that the proposed addition is needed to provide a larger and more functional dining room area. The 12' x 17' addition is proposed to be constructed on posts in order to minimize impacts to the shoreland area. The Building Official states that any construction on posts will require additional engineering and design. The owners are aware of the rear yard setback constraints, but state that a larger dining room is needed for the home and that reasonable alternatives are not available. She added that staff is conducting research into variances that have been granted to homeowners that abut one of the City's Recreational Development Waters lakes. In many cases, the Shoreland Overlay zoning district requirements were enacted after the homes were constructed, making it difficult for homeowners to make improvements to their homes. In the Johnson case, the building pad was identified at the time the lot was created. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 15, 2017 Page 3 of 8 Commissioner Diekmann asked if the development agreement date was when the lot was split and the development agreement was put into place in 2006 and if this was the first home built on the property since then. Ms. Bodmer answered yes. Commissioner Diekmann asked if the Johnsons built the home and if they were aware of the development agreement. Ms. Bodmer answered yes they had the home built and that the agreement was executed by the builder, Jerry Wageman and he constructed the house for the Johnsons. Commissioner Scanlan inquired if there had been other properties into the setback in the past. Ms. Bodmer replied that the houses around the lake were constructed before 1988. She reviewed the history of the others and said variances are reviewed on a case by case basis. City Attorney Sharon Hills followed up to Commissioner Diekmann's question that the development agreement is recorded against the property. Commissioner Kurtz asked if this was the only existing dining room that is used in the home or is this the only available dining room in the home. Ms. Bodmer answered that she did not know that and deferred to the petitioner to answer. Commissioner Diekmann questioned how far the addition could be extended out before the high water line. Ms. Bodmer answered about 3 feet. Chair Melander commented that the house was built in 2013 and built by the subdivision person and they should have known what the deal was. He said that rules are rules and everybody knew this going in and this is a hard thing for him to recommend. Commissioner Burke commented he could not find a practical difficulty as stated and cannot make something up he cannot see. Jeff Johnson, the petitioner, said his daughter lives there and they helped their daughter build this house. He said they understand the development was recorded but they did not know the background to it. He said the practical difficulty was that his daughter cannot use the dining room. He showed pictures of the house. He felt the danger to the pond was negligible. He referenced the minutes from 2011 and what the square footage of that variance was approved for and made a CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 15, 2017 Page 4 of 8 comparison to Farquar Lake and the term of negligible being used at that time. He said there is not a reasonable alternative for them. Commissioner Diekmann stated he appreciates the thought of the square footage but the Commission is not there to consider the amount of square footage because it is not the issue. Mr. Johnson said he was just talking about square footage impacting the lake and the negligible impact it would have. Commissioner Diekmann said there is plenty space to put 204 square feet on within the pad space that is available. Mr. Johnson agreed that there is space but they would never do it. He said who would waste their money to build a dining room where you would have to go from the kitchen to the mudroom to the dining room. He added nobody here would do it, so they would not do it either. For all practical reasons it would not happen. Commissioner Alwin said he struggles with this just as a convenience or personal design preference. He added there are ways you can do this but it might not make sense financially but there are places in this pad. Mr. Johnson agreed with that but also if that is the answer then his daughter would not have a dining room. That is why he is here. He thinks it is reasonable and feels there is a practical difficulty. Commissioner Alwin said it is a cute house and it is unfortunate the layout does not work for Mr. Johnson's daughter but he has a hard time reaching the variance level. Mr. Johnson commented he does not see what Commissioner Alwin defines as a practical difficulty but not having a dining room is a practical difficulty to him. Chair Melander commented that you built it that way. You did not inherit it that way. Mr. Johnson said on a narrow building pad we did our best. Commissioner Scanlan referenced the drawing and asked how many feet the addition could be built out. Mr. Johnson answered 5 feet and 7 feet and that it bumps out 2 feet now. Mr. Johnson said when you tear down a wall it is incredibly expensive and we would not do it. Chair Melander added that the Commission makes every effort to be reasonable and accommodating and they have to swear an oath to uphold the laws. They do not have that freedom to let it slide. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 15, 2017 Page 5 of 8 Mr. Johnson referenced another house built on Farquar Lake and said the impact was negligible. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, recommending approval of a variance to construct a 12' x 17' four -season dining room addition subject to compliance with all City Codes and City development standards. Ayes - 0 - Nays - 6. (Alwin, Burke, Diekmann, Kurtz, Melander and Scanlan) Motion failed. B. Valley Middle School/Southview Elementary Additions —Consider site plan review/building permit authorization and variance to waive requirement to plat property to allow for building additions and site plan modifications. (PC17-03-B) LOCATION: 900 Garden View Drive and 1025 Whitney Drive PETITIONER: ISD 196 Planner Kathy Bodmer reported ISD 196 submitted plans for a construction and remodeling project of both Valley Middle School at 900 Garden View Drive and Southview Elementary School at 1025 Whitney Drive. The project includes building additions and internal remodeling to update and enhance security at the entrances. Parking lot modifications are proposed to better separate parent drop-off/pick-up traffic from bus traffic within the site and to minimize the backups that are occurring on Garden View Drive. Landscaping and stormwater retention will be added to the site as part of this project. A 5,100 sq. ft. addition is proposed for the Valley Middle School main entrance on the east side of the building to update the exterior building design and improve school security. A 400 sq. ft. addition is also proposed at the north entrance to enhance security at the bus entrance location. Curb is proposed to be installed to separate the parking lot into two lots to separate parent traffic from the bus traffic. Buses are proposed to use the north entrance and parents will use the east entrance. Extensive internal remodeling is proposed in connection with the middle school project that will have no impact on the site plan or zoning requirements. Landscaping and berming will be needed of the north parking area to minimize impacts to adjacent properties. Additional berming and plantings are needed around the new parking lot and along Whitney Drive to help to mitigate impacts created by the new traffic and activity that will occur on the west side of the building. The Valley Middle School and Southview Elementary property was never platted, but building permits have been issued over the years. It is likely that the review of the building permit for the initial construction of the schools occurred at the State Building Official's office and that the subdivision requirement was not identified at that time. The construction will not occur near property lines, so staff is comfortable recommending a variance from this requirement. Building permits have been issued over the years without requiring platting. ISD 196 is concerned that requiring the preparation of a plat will delay the project timeline. Commissioner Alwin asked what the practical difficulty was. The best he can see is that it is going to slow the project down. He said it seems kind of self-inflicted and the project has been out there for some time because the levy referendum was a long time ago. He said this project did not just CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 15, 2017 Page 6 of 8 happen. He is wrestling with the practical difficulty. He does not want to slow the School District down but if that is the only basis for the variance, it seems like something that could and should be followed absent some practical difficulty that he is having a hard time seeing. He said it is just a plat. Ms. Bodmer answered that the staff was not aware until late last week that the property was an unplatted parcel. It got sprung on the School District late. Commissioner Alwin stated it is not the City's job to point out the School District owns property that is not platted correctly. Ms. Bodmer answered that is correct. Commissioner Alwin said it is the City's job to issue the building permits consistent with the City Code which is available at the School District. He commented he is not trying to be a hard guy here but the Commission just turned down the previous variance on the practical difficulty and here it just seems weaker because the basis is that it is "going to slow us down". With all due respect to the School District this plan has been in the works for several years. This did not just show up. City Attorney Sharon Hills added just a note with respect to the variance. It is a variance toward the subdivision ordinance that deals with subdividing. It is not a variance toward zoning, setbacks or building coverage and those types of things. It is really about the subdivision and platting requirements. It is not the same, although it is a variance. Commissioner Alwin said it is still subject to the practical difficulties test. Ms. Hills answered generally but that it is not necessarily applying the City zoning regulations. It is a subdivision requirement. Chair Melander asked Ms. Hills if there was a way to do this after the fact and if they could proceed and do the platting along with it or afterwards. Ms. Hills replied that the Code as it reads states "no building permit shall be issued until it is platted". Chair Melander asked for verification on how long it takes to get platted and what the timing was. Ms. Bodmer replied that it does not need to be subdivided and it would just be to prepare the mylars and with survey it could be 4 weeks at least to go through Dakota County review process. She added another couple weeks for engineering review. She said it is something we could recommend approval for the building permit and get that part started and work on the plat on a separate track. Commissioner Alwin asked if this is going to get triggered again when they come in to pull permits for the interior remodeling. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 15, 2017 Page 7 of 8 Ms. Bodmer answered yes, whatever comes first. Commissioner Alwin said then they are going to have to ask for a variance three times in the next couple years. Ms. Bodmer said the City would look at it as one project so the variance would cover the internal and external. She added that the City Attorney's office stated that if this is waived then the next time a building permit is requested then the district will have to redo that. She said it is something that should be cleaned up. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, recommending approval of the Site Plan Review/Building Permit Authorization for 7,900 sq. ft. building additions, parking lot modifications and site improvements subject to compliance with all City Codes and construction standards, subject to the following conditions: a. The site plan shall be revised to address the City Engineer's March 9, 2017, memo. b. The City Engineer shall review and approve the final grading, utility and stormwater plans prior to issuance of the building permit. c. A nursery bid list shall be submitted at the time of application of the building permit confirming that the value of the landscape plantings meets or exceeds 21/2% of the value of the construction activity. d. The landscape plan shall be revised to provide berming and landscaping of the north parking lot at Valley Middle School and the west parking lot at Southview, subject to final review and approval of the Natural Resources Coordinator. e. The Natural Resources Coordinator shall review and approve the final landscape plan prior to the issuance of the building permit. f. A Stormwater Infiltration Basin Installation and Maintenance Agreement shall be executed prior to issuance of the building permit. g. A staging and temporary parking plan shall be submitted prior to issuance of the natural resources management permit or building permit subject to review and approval by the City Engineer. h. That the petitioner plat the property in accordance with City ordinances. Ayes - 6 - Nays - 0. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, recommending approval of a Variance waiving the requirement to plat the property in order to issue a building permit. Ayes - 0 - Nays - 6. (Alwin, Burke, Diekmann, Kurtz, Melander and Scanlan) Motion failed. 6. OTHER BUSINESS A. Review of upcoming schedule and other updates. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 15, 2017 Page 8 of 8 Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, April 5, 2017, at 7:00 p.m. Mr. Nordquist also reminded the Commission of the special informal Planning Commission meeting on March 30, 2017, at 4:30 p.m. 7. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann to adjourn the meeting at 7:50 p.m. Ayes - 6 - Nays - 0. Respectfully Submitted, Jo niMurphy, Planning Approved y tl on partie t Assistant Apple Valley Planning Commi on Tom Melander, Chair