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CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
FEBRUARY 15, 1989
1. CALL TO ORDER:
The meeting was called to order by Chairman Robert Erickson at 7:35
p.m. in the City Council Chambers of the City of Apple Valley City Hall.
Members Present: Chairman Erickson, Members Richard Carlson, Alan
Felkner, Frank Kleckner and Marcia Gowling.
Members Absent: Virginia Sterling.
Staff Present: Richard Kelley, Scott Hickok, Keith Gordon, Meg
McMonigal, Jim Plummer, Lon Aune, and Dennis
Welsch.
Others Present: See sign in sheet.
2. APPROVAL OF THE AGENDA:
The agenda was approved as written.
3. APPROVAL OF THE MINUTES OF FEBRUARY 1, 1989:
The minutes were approved as written.
4. CONSENT AGENDA (Non - controversial land use action items needing no
discussion may be placed on this agenda by Commission members. One
motion sends these items on to the City Council with a recommendation
of approval as per the Staff recommendations.)
None.
5. A. Preliminary Plat for Eagle Ridge Estates 3rd Addition.
LOCATION: West Side of Galaxie Avenue, from 135th Street to
Upper 136th Street.
PETITIONER: Argus Development.
Chairman Bob Erickson opened the public hearing and asked the staff
tG present a background report. ASSGC Tate Planner Sco G to pres ented
a report dated 2 -15 -89 in which the petitioner, Argus Development,
proposed 71 single- family lots on a 26 acre site. Chairman Erickson asked
for classification regarding setbacks along existing structures within the
26 acres. Chairman Erickson also asked for classification regarding side-
walks along Garrett Avenue to the school site. He preferred to see side-
walks on Scott Highlands 1st Addition to the school, along Garrett, rather
than along Galaxie Avenue.
Planning Commission Minutes
February 15, 1989
Page 2
Ray Brandt of Brandt Engineering described the proposal and the two
lots with the variance request. He noted that the drawing of lots and
roadways minimizes the number of lots that actually face Galaxie Avenue.
Mr. Brandt discussed the problem with islands being placed in the middle
of cul -de -sacs. City Engineer Keith Gordon noted that the City will want
to complete the grading and removal of the retaining wall in the southeast
corner of the project along with the first phase of grading of the entire
site.
Bob Kopp, representing Argus Development, stated there was no problem
with removing the retaining wall and islands from the cul -de -sacs.
Bill Coady, representing Eagle Ponds 1st Addition, stated he objected
to the variances for the setbacks on the existing homes. He noted that
the three (3) existing homes have a negative impact of value on new homes
and should be updated or removed. The retaining wall should be removed as
soon as possible to reduce traffic flow from the north on Galaxie.
The Planning Staff was directed to review the comments with the
developers. No additional comments were made by Bob Kopp. He noted that
Joe Miller, the builder for the site, was not present. The public hearing
was closed.
B. Preliminary Plate and Building Permit Authorization
for an Office /Warehouse with Open Storage.
LOCATION: South Side of 151st Street, East of Galaxie Avenue.
PETITIONER: United Properties.
Chairman Bob Erickson opened the public hearing. Associate Planner
Meg McMonigal presented a background report on the preliminary plat and
building permit authorization dated 2 -15 -89 for the Centel 30,000 square
foot building. The applicant requested a gravel service area instead of a
paved service area and a 15' setback instead of a 20' setback for the
parking area.
Dale Glowa of United Properties stated that the storage area would be
8' high and would have an opaque fence. He requested the Planning
Commission to take action on February 15, 1989 in order to allow the
development to proceed to the approval stage with the City Council on
February 23, 1989. He stated that Construction scheduling is tight and
the occupancy date is by September 1, 1989. United Properties will own
the building and Centel will lease the building from them. Glowa stated
that there is no problem with rearranging the parking to meet the setback
requirements of 20 feet. He requested the Commission to consider an
alternative surface treatment for the storage area which would include
five inches (5 ") of Class 5 as base with a 2 - 3 inch cover of 1 1/2"
gravel on which spools of cable would be stored. He noted that asphalt
Planning Commission Minutes
February 15, 1989
Page 3
pavement in these areas cannot stand up to the spool weight in hot
weather. The entire parking and storage area will be curbed and guttered
and will be fenced.
City Engineer Keith Gordon noted that the only problems with a gravel
surface is washing. In this case with 1 112" gravel on top of the Class 5
and the use of curbing and fencing, there should be little problem.
Member Richard Carlson asked about the mechanical units on the roof.
Glowa stated that there will be 4 units on the roof. They will be painted
and with a parapet wall:
Bill Coady expressed concern about approval of this project.
Member Gowling asked for classification regarding additional signage
on the building. Glowa stated that the building will have a integrated
sign painted on the face of the building. A general discussion ensued
regarding the exterior materials used for the site. City Planner Rick
Kelley noted that in this case, the building is outside of the ring route
and within a designated area and therefore, the materials are not a
factor.
MOTION: Member Gowling moved, seconded by Member Felkner, to
recommend approval of the Centel preliminary plat and building permit
authorization presented by United Properties provided the parking area
retains a 20' setback and Class 5 material with 1 1/2" gravel cover is
utilized instead of asphalt. The motion carried 3 - 1. Members voting in
favor were Erickson, Gowling and Felkner. Carlson abstained.
6. LAND USE /ACTION ITEMS:
A. Rezoning from "R -IA"
Gangl's Estates.
LOCATION: 12971 Galaxie Avenue.
PETITIONER: Bernard Gangl.
to "R -1C" and Preliminary Plat of
City Planner Rick Kelley provided background report dated 2 -15 -89 in
which he recommended approval of the rezoning and preliminary plat subject
to driveway termination along Galaxie Avenue and pathway escrow funds.
NOTION: Member Carlson made a motion, seconded by Felkner, to
recommend approval of the preliminary plat subdivision and rezoning from
"R -lA" to "R -1C" with the driveway termination along Galaxie Avenue and
the pathway escrow account as per the staff report. Motion carried
unanimously.
Planning Commission Minutes
February 15, 1989
Page 4
B. Rezoning from "R -1A" to "R -1C" and Preliminary Plat of
Acorn Hill.
LOCATION: 12917 Galaxie Avenue.
PETITIONER: Norman Wachter.
Associate Planner Scott Hickok provided a background report dated 2-
15-89 recommending approval of rezoning from "R -IA" to "R -1C" and approval
of the preliminary plat subject to termination of driveways from Galaxie
Avenue and staff escrow account.
MOTION: Motion was made by Member Carlson, seconded by Member
Gowling, to recommend approval of the rezoning as per staff recommen-
dations and cul -de -sac redesign to City standard teardrop design. Motion
carried 4 - 0.
MOTION: Motion was made by Member Carlson, seconded by Member
Gowling, to recommend approval of the preliminary plat subject to the
staff and rezoning recommendations. The motion carried unanimously
4 - 0.
C. Conditional Use Permit for Permanent Outdoor Parking
and Storage.
LOCATION: Southwest Corner of Garden View Drive and Walnut Lane.
PETITIONER: Richard Tuthill.
City Planner Rick Kelley provided background report dated 2 -15 -89
regarding a conditional use permit for expanding a parking lot within a
vacant duplex lot adjacent to a commercial zoned service station site.
The Planning Staff recommended denial of the project based on potential
negative impact on residential neighborhood.
The applicant had stated that he would work with the City in revising
the proposal to meet the setback requirements, paving and storage
requirements of the code and the conditional use permit. He also agreed
to work with the City to provide limited lighting, fencing or hedging/
screening material.
City Planner Kelley noted that at the public hearing neighbors had
expressed concerns about vandal islll, traffic, noise, visual impact, time of
operation, encroachment of commercial development into residential area,
and property values.
MOTION: Motion was made by Member Carlson, seconded by Member
Felkner, to recommend denial of Conditional Use Permit to allow for an
expanded parking area within a duplex lot requested by applicant, Richard
Tuthill. The motion carried unanimously.
Planning Commission Minutes
February 15, 1989
Page 5
Roger Pennington, representing the neighborhood surrounding the
Tuthill project, stated that the neighbors opposed the project and
submitted for the Planning Commission a signed petition to be attached to
the minutes and a record of this case.
Member Kleckner entered the meeting.
D. Rezoning from "Planned Development" to "RB" and "GB ".
LOCATION: Between Cedar and Fordham Avenues, Along the 153rd
Street Alignment.
PETITIONER: Southport Properties.
City Planner Rick Kelley provided a staff report and recommendation
for rezoning dated 2- 15 -89. He recommended that a realignment of land
uses, as prepared by the staff, be studied in detail by the Planning
Commission and the Developer. Members Erickson, Kleckner, and Carlson
stated that they agreed with the concept prepared by the staff and asked
the staff to work with the developer.
MOTION: Motion made by Member Carlson, seconded by Member Gowling,
to direct the staff to establish public hearings regarding Southport
comprehensive plan and rezoning as presented by the staff. Motion carried
unanimously 5 - 0.
MOTION: Motion made by Member Carlson, seconded by Member Felkner,
to table Item "6.D" - Southport Properties Rezoning - to a future date
after the staff and developer have had time to meet and review the staff
proposal for the site. Motion carried unanimously 5 - 0.
E. Text Amendments to
Housing and Commercial
LOCATION: City -wide.
PETITIONER: City of Apple Valley,
Zoning Regulations Regarding
Performance Standards.
Dakota County, Minnesota.
City Planner Rick Kelley provided background report dated 2 -15 -89
which contained the minutes to the text of the City zoning code which
would provide for performance standards regarding multiple family,
commercial, industrial and institutional uses. General discussion ensued
out of the text amendments as presented by the staff.
MOTION: Motion was made by Member Carlson, seconded by Member
Gowling, to recommend approval of the text amendments revising performance
standards on multiple family, residential, commercial, industrial and
institutional uses. The motion carried 4 - 1. Member Kleckner abstained.
Planning Commission Minutes
February 15, 1989
Page 6
F. Setback Variance to Construct a Swimming Pool Within
Three (3) Feet of the Lot Line.
LOCATION: 13647 Elkwood Drive, Apple Valley, Minnesota.
PETITIONER: Chuck and Barb Groth.
Jim Plummer, Planning Intern, presented a background reported dated
2 -15 -89 in which he reviewed the request for a setback from a 2' setback
from the rear property line for a swimming pool to be constructed by Chuck
and Barb Groth at 13647 Elkwood Drive. He stated that in reviewing the
State Statutes regarding variances, he could find no physical hardships or
alternatives that did exist for the site. The Planning Staff recommended
denial of the variance for those reasons.
The Groth swimming pool contractor stated that the pool would be
closer than 10 feet to the house and that there was no development at the
rear lot line. He also stated that the common owners of the open space
had no objection to the request. He stated that a pool is generally 16'
wide by 36' in length in order to provide enough space for diving board.
The pool needs approximately a 3' apron.
Member Carlson asked where the physical hardship?
Member Kleckner noted that he could find no problem with placement of
the pool in this location noting that it should be placed further away
from the building.
Member Erickson asked if the apron could be reduced in size to meet
the code - from 10 feet to 8 feet.
A general discussion ensued regarding the placement of the apron and
the pool within the backyard.
MOTION: A motion was made by Member Kleckner, seconded by Member
Gowling to recommend approval of a 2' rear yard setback variance to allow
the pool to set within 3 feet of the rear lot line, because the pool would
otherwise have to set closer than 10 feet to the existing buildings and
because there was no impact on the rear line adjacent open space and to no
objection from the neighbors. The motion carried 3 - 2. Members Carlson
and Felkner voting in opposition to the motion.
7. DISCUSSION ITEMS:
Planning and Development Director Dennis Welsch presented an update
on gravel ordinances, building activity within the community surrounding
Apple Valley during 1988, and an update on Palomino Ridge.
Planning Commission Minutes
February 15, 1989
Page 7
City Planner Rick Kelley requested the Planning Commission to
consider a public hearing date to amend the zoning code to eliminate a
portion of the zoning code which would allow expanded parking as a
conditional use permit within the residential districts which are adjacent
to neighboring commercial sites.
MOTION: Motion was made by Member Gowling, seconded by Member
Carlson, to direct staff to prepare a text amendment to schedule public
hearing to strike a conditional use permit for parking adjacent to eminent
commercial sites, but within residential areas. The motion carried
unanimously.
8. OTHER BUSINESS:
9. ADJOURNMENT:
The meeting adjourned at 10:00 p.m.
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