Loading...
HomeMy WebLinkAbout05/17/1989PLANNING COMMISSION MINUTES MAY 17, 1989 1. CALL TO ORDER The meeting was called to order by Chairman Robert Erickson at 7:40 p.m. in the City Council Chambers of the City of Apple Valley City Hall. Members Present: Chairman Erickson, Members Felkner, Kleckner, Sterling, Gowling, Weldon and Carlson. Staff Present: Keith Gordon, Meg McMonigal, Lon Aune, Jim Plummer, Scott Hickok and Dennis Welsch. Others Present: See the sign -in sheet. 2. APPROVAL OF AGENDA The agenda was approved as written. 3. APPROVAL OF THE MINUTES OF MAY 3, 1989 The minutes were approved as written. 4. CONSENT AGENDA None 5. PUBLIC HEARINGS A. Capital Improvements Program - 1989 - 1994. Chairman Erickson opened the continued public hearing and requested further staff input. Community Development Director Dennis Welsch provided a brief explanation of the capital improvement expenditures by department and by fund source. He suggested that the Commission may wish to hold a joint public meeting with the City Council on May 25th to review the capital improvements program with department heads. No public comment was offered. Chairman Erickson closed the public hearing. MOTION: It was moved by Member Carlson, seconded by Member Felkner, to establish a special Planning Commission meeting beginning at 7:00 p.m. on May 25th in the Apple Valley City Hall, the purpose of which is to discuss capital improvement projects with members of the City Council and department heads. The motion carried 7 - 0. Planning Commission Minutes May 17, 1989 Page 2 6. LAND USE /ACTION ITEMS A. Action on Rezoning and Preliminary Plat for the Oaks of Apple Valley IV. LOCATION: Between Cedar and Pennock Avenues, North of Harwell Avenue. PETITIONER: George C. Maurer Construction (PC89- 018 -SZ). STAFF REPORT: April 19, 1989 by Meg McMonigal, Associate Planner. Associate Planner Meg McMonigal provided additional background infor- mation regarding the preliminary plat and rezoning of the Oaks IV project. Parks and Recreation Director Randy Johnson made to the Planning Commission a recommendation from the Park Committee dated May 16, 1989 in which the Park Committee approved a new park alignment for the Oaks IV project, which includes two acres to be dedicated by Terry Maurer of the Oaks IV development and an additional two acres available to be either dedicated or purchased when the Schultz property develops to the south. He described the Park Committee's definition of a "neighborhood park" as stated in the park master plan. Johnson noted that there will be no lights and no scheduled leagues at this park. In addition, there will be no parking lot. He explained a sketch plan of the play equipment basket- ball court, oak hillsides, trails, children's playfield and ice skating area that can be constructed within the four to five acre park. Chairman Erickson asked for further information regarding the extension of the road from the south edge of Oaks IV to 138th Street. Meg McMonigal responded that the engineering and planning staff is reviewing plans for an additional preliminary plat in this area. The location of the intersection, with 138th Street, will be known within weeks. Helen Schultz, 13784 Greenland, stated that she supports the proposal for Oaks IV and the proposed subdivision of her property as shown in the Oaks IV concept plan. She encouraged the Planning Commission to allow a road to separate the parkland from residential lots along the east side of the park. Terry Maurer, 14501 Granada Drive, and Terry McDonald, Suburban Engineering, 201 W. Travelers Trail, Burnsville, discussed road alignments and cul -de -sac locations within the proposed plat and explained that the road curves could be flattened somewhat, but that the road could not be entirely straightened without destroying the topography of the site. Members Kleckner and Erickson stated they felt Maurer and his consultants had done a good job working with a difficult site and in resolving differences among neighbors and on park issues. Mary Kay Erickson, 13660 Pennock Avenue South, asked questions regarding the sequence of approvals for the road alignment south from the Oaks IV to 138th Street. A general discussion ensued. Planning Commission Meeting May 17, 1989 Page 3 MOTION: A motion was made by Member Carlson, seconded by Member Sterling, to recommend approval of the rezoning from "R -1A" to "R -IC" and recommended approval of preliminary plat with the following conditions: 1) The curves in the road alignment must be flattened to allow for 30 mph curve 2) The teardrop design must be installed in cul -de -sacs. 3) Park dedication must occur prior to final plat approval. The motion carried 6 - 0. Member Kleckner abstained. B. Setback Variance for New 8- Plexes. LOCATION: Northwest Corner of Galaxie Avenue and 132nd Street West. PETITIONER: M. W. Johnson (PC89- 024 -V). STAFF REPORT: May 17, 1989 by Richard Kelley, City Planner. Associate Planner Scott Hickok provided background information on the variance request by M. W. Johnson to place three - 8 plexes on the site. The staff recommended to the Planning Commission that the hardship in this case was a diagonally placed utility easement over which construction could not occur, thereby making a portion of the lot nonbuildable. Planning Commission members expressed concern over the request to allow a setback variance along Galaxie Avenue. Steve Grohoski, representing developer M. W. Johnson, explained problems and mismeasurements of the original architectural designs, thereby requiring a redesign of the unit and the variances. He suggested that the problem with setback variances along Galaxie Avenue could be rectified by moving the northern most building five feet to the east. This would create a request for a twenty foot setback (a ten foot variance) along 132nd Street Court for the northerly building. MOTION: It was moved by Member Kleckner, seconded by Member Weldon, to recommend approval of variances to allow a twenty foot setback along 132nd Street Court, a thirty -five foot setback along 132nd Street and a forty foot setback along Galaxie Avenue. The motion carried 6 - 0. Member Erickson abstained. Planning Commission Meeting May 17, 1989 Page 4 C. Setback Variance for New Home. LOCATION: Lot 10, Block 1, Royal Oak Estates, Apple Valley, Minnesota. PETITIONER: Jim Koestering (PC89- 022 -V). STAFF REPORT: May 17, 1989 by Jim Plummer, Planning Intern Member Weldon stepped down from the Planning Commission table and sat in the audience. Planning Intern Jim Plummer presented the staff recommendation noting that variances are requested to allow the building to set within five feet of the side lot line to allow the garage to set within four feet of the side lot line and a front yard variance to allow the variance to set within twenty feet of the front property line. The staff recommended denial of the variance on the ground that there was no undue hardship and suggested alternative designs and placements for the buildings. Plummer noted that the City Forester had investigated this site and found that it was questionable whether the oak trees would survive the heavy construction in the area and that because of this reduced survivability, the variance was questioned. Jim Koestering of Custom Energy Homes explained efforts to redesign the house and reduce the size of the house. He also noted that the lot size appears to be incorrect. Koestering noted that the lots have restrictive covenants on them requiring buildings of at least 2,200 feet in areas. Member Kleckner stated that he would be in favor of the front setbacks, but not the side yard setbacks. Member Sterling asked that the garages be realigned. A general discussion ensued regarding the survey error and corrective measures. MOTION: A motion was made by Member Carlson, seconded by Member Sterling, to table the Koestering variance request for two weeks pending further information on the survey and corrective measures necessary to properly describe the lot and the house on the site. The motion carried 6 - 0. Member Weldon rejoined the Planning Commission. D. Setback Variance for Sunroom Addition. LOCATION: 13461 Georgia Circle;°Apple Valley, Minnesota. PETITIONER: Cris Miller (,PC89 -02 Vl. STAFF REPORT: May 17, 1989 by Scot Hickok, Associate Planner. Associate Planner Scott Hickok described the side yard and front yard definition problem related to the property located at 13461 Georgia Circle. He noted that the house sits on a lot with road surrounding three sides of the lot. The problem that the Planning Commission was asked to resolve was to decide what was a front yard and what was a side yard. Once the designation had been made, it could be determined whether a Planning Commission Minutes May 17, 1989 Page 5 variance was necessary. The applicant proposes to build a sunroom off the south side of the house which could be construed as either a side yard or a rear yard. The set back of the sunroom from the property line would be twelve feet, thus meeting the side yard setback requirements. There would be twenty -two to twenty -seven feet of separation between the edge of the sunroom and any building built on the adjoining lot to the south. NOTION: Member Carlson moved, seconded by Member Felkner, to determine that the side to be renovated will be declared as a "side" rather than a "rear" yard. The motion carried 7 - 0. Cris Miller thanked the Planning Commission and noted that both the adjoining neighbor to the southeast and the Cherry Oaks Architectural Review Committee had approved this request to place a sunroom on the south side of the building. E. Pennock- Cedar - Garrett Land Use Study Recommendations (PC89- 012 -R). STAFF REPORT: May 17, 1989 by Dennis Welsch, Community Development Director. Community Development Director Dennis Welsch provided a summary of the Pennock - Cedar - Garrett study and summarized letters from: 04/11/89 - Ron Cornwell Thorson - Cornwell, 5200 Willson Rd., Suite 201, Mpls., MN 55424 05/02/89 - J. E. Brill, Jr. Siegel, Brill, Greupner & Duffy, 100 Washington Sq., Suite 1350, Mpls., MN 55401 05/06/89 - Thomas L. Stuebe, 13980 Granada Ct., Apple Valley, MN 55124 05/08/89 - Arthur J. Eaton, President Vista Development, Inc., 7552 - 280th St. E., Randolph, MN 55065 05/10/89 - D. Eric Prestegaard, 7990 W. 133rd St., Apple Valley, MN 55124 05/12/89 - Curtis L. Marks Auto - Life - Health -Home and Business 7610 Lyndale Avenue S., Richfield, MN 55423 05/16/89 - Jayne Grady - Reitan and Scott Reitan 7702 West 133rd Street, Apple Valley, MN 55124 05/17/89 - Frank R. Kleckner, President Domestic Realty, Inc. 14244 Garden View Drive, Apple Valley, MN 55124 05/17/89 - Mary Kay and Donald J. Erickson 13660 Pennock Avenue South, Apple Valley, MN 55124 05/19/89 - Barbara Calistro, 7515 140th St. W., Apple Valley, MN 55124 Planning Commission Minutes May 17, 1989 Page 6 He also noted that letters Planning Commission by the residents and developers will previously received were sent out to the staff. The original letters from the be attached to the minutes of this meeting. Member Kleckner stated that he will not vote on the issues. He noted that most properties are currently being developed or being studied for future development by the property owners. He stated that the study was being driven by what he considered perceived problems, not exact or real problems. Chairman Erickson noted that the original reason for the land use study was to update the comprehensive plan and zoning ordinance to provide consistency throughout the area. MOTION: A motion was made by Member Sterling, seconded by Member Gowling, to submit the Pennock - Cedar- Garrett Land Use Study to the City Council for their consideration and further direction to the Planning Commission. In general, the Planning Commission understands the staff recommendations but the record will be left open for Planning Commission members to add additional comments they may have regarding each of the staff recommendations. The motion carried 6 - 0. Member Kleckner abstained. The study will be sent to the City Council for the June 1, 1989 meeting. F. Rezonings to "I -1 ", "GB ", "RB ", and "LB" - Southport Industrial Park & Southport. LOCATION: Between Cedar and Foliage Avenues, Generally Along the 153rd Street Alignment. PETITIONERS: D. W. Investment & Southport Properties (PC89 -013 -Z & PC89- 006 -Z). STAFF REPORT: May 17, 1989 by Richard B. Kelley, City Planner. Community Development Director Dennis Welsch provided an overview of the rezoning requests and introduced Bill Maurer and Bart Winkler, representing the Winkler Estate, developers of the site. A general discussion ensued regarding the land use layout and the requirements necessary for a comprehensive plan amendment and amendments to the zoning text allowing for a "GB -1" zone and an amendment to the text allowing for a "GB -1" map zone. MOTION: Member Carlson moved, seconded by Member Weldon, to establish a public hearing for the "GB -1" zone text and map amendment for June 7, 1989. The motioned carried 7 - 0. Planning Commission Minutes May 17, 1989 Page 7 MOTION: A motion was made by Member Carlson, seconded by Member Sterling, to establish a public hearing for the comprehensive plan amendments for the Southport area and Section 34 of the City of Apple Valley for June 7, 1989. The motion carried 7 - 0. 7. DISCUSSION ITEMS: (Verbal Reports) A. Council Action of April 27, 1989 (Staff Report). The Planning Commission reviewed the Council actions of April 27th. B. Zoning or Other Code Improvement Suggestions (Commission). None. C. Neighborhood Commercial Zoning (Welsch). MOTION: A motion was made by Member Carlson, seconded by Member Gowling, to establish a public hearing with the Urban Affairs Committee to discuss recreation vehicle, parking and other issues related to the nuisance ordinance for June 21, 1989 instead of the June 7, 1989 meeting. The motion carried 7 -0. MOTION: A motion was made by Member Carlson, seconded by Member Gowling, to establish a June 21, 1989 as a public hearing date to discuss performance standards for a neighborhood commercial zoning. The motion carried 7 - 0. D. Study Results for Transit "OPT -OUT" Legislation. Associate Planner Meg McMonigal summarized the transit study and "OPT -OUT" option legislation provided by the joint study group. She noted that the study recommends the communities: 1. Opt -Out of the MTC system. 2. Replace existing service in 1990. 3. Convert to a trunk /feeder system in 1991. 4. Expand the service in the future as needs arise (incrementally). Planning Commission Minutes May 17, 1989 Page 8 OTHER BUSINESS None. 9. ADJOURNMENT The meeting adjourned at 10:55 p.m.