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HomeMy WebLinkAbout04/15/1987CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES April 15, 1987 Minutes of the meeting of the Apple Valley Planning Commission held Wednesday, April 15, 1987, at 7:30 p.m, at the Apple Valley City Hall. PRESENT: Chairperson Robert Erickson; Commission members Richard Carlson, Marcia Cowling, Frank Kleckner (attended at 7:36), Virginia Sterling, Arleigh Thorberg. Staff members Rick Kelley and Meg McMonigal. 16 members of the public. ABSENT: Phillip Peterson. 1. Chairperson Erickson called the meeting to order at 7:30 p.m. The Chair requested that item 1B, Election of Officers, be moved to the end of the agenda. 2. Approval of Agenda. MOTION: of Thorberg, seconded by Sterling, to approve agenda AGENDA with change requested by Chair. VOTE: Yes - 5, No - 0. 3. Approval of minutes of April 1, 1987. MOTION: of Sterling, seconded by Carlson, to approve minutes as written. VOTE: Yes - 5, No - 0. 4 Public Hearing for Rezoning to R -1C and Preliminary Plat - Salem Woods MINUTES OF APRIL 1 1987 LOCATION North side of 132nd Street, 1/4 mile West of Galaxie PH REZONING TO Avenue R -1C SALEM WOODS PETITIONER: Richard Williams Chair Erickson opened the public hearing with the standard opening remarks. Ms. McMonigal presented the petition for rezoning to R -1C and the preliminary plat for 26 single family lots. Mr. Williams was asked about a 60' wide strip on the north side of the property. He is negotiating with the property owner to ac- quire the strip and include it with his plat. He thinks an agreement can be reached. No one from the public was present to speak. The Chair declared the public hearing closed with the standard closing remarks. 5 Public Hearing for Rezoning to NC -1 of Andy's Market Site and Setback Variances. LOCATION 14113 Galaxie Avenue (Andy's Market) PETITIONER Andy Elasky PH REZONING TO NC -I- ANDY'S MKT Chair Erickson opened the public hearing with the standard opening remarks. Mr. Kelley presented the petition for rezoning changing the designation from "NC" to "NC -1" allowing expansion of the existing operation as well as providing addi- tional retail and service space. The setback variances involve parking setbacks and because of the exceptionally wide right -of -way along 140th Street, the vari- ances are not a concern for City staff. Members of the commission questioned the access from 140th Street. Mr. Kelley replied that Mr. Elasky must have that PLANNING COMMISSION MINUTES April 15, 1987 Page 2 access approved by Dakota County. Bill Schindler, 13752 Fairlawn Avenue, asked if the gas pumps would be in front of the new entrance and the effect of the 140th Street entrance on traffic flow? The gas pumps will be in front and Mr. Kelley stated that the intersection of 140th and Galaxie is scheduled for signals within the next five years. The Commission members asked if there will be more gas pumps than now at the site and Mr. Elasky stated there would not. The public hearing was closed with the standard closing remarks. Mr. Elasky requested an exception to the Commission's usual policy and asked that it approve the petition at this meeting. MOTION: by Kleckner, seconded by Thorberg, to approve the rezoning from "NC" to "NC -1 ". VOTE: Yes - 6, No - 0. MOTION: by Carlson, seconded by Kleckner, to approve the site review and build- ing plan. VOTE: Yes - 6, No - 0. 6. Public Hearing for Rezoning to "P" (Institutional) for the Library Site. LOCATION North Side of County Road 42 between Garrett and Galaxie Avenues PETITIONER City of Apple Valley PH REZONING OF LIBRARY SITE TO The Chair opened the public hearing with the standard opening remarks. Mr. Kelley presented the petition for rezoning to "P" for institutional use to permit the construction of the proposed Dakota County library on the site. Commission mem- bers asked about the zoning of the rest of the library site and the fate of the buildings and trees on the property. Mr. Kelley stated that "civic centers" are a permitted use on that parcel and so no rezoning is required and the house will probably be used for fire practice and the trees will probably not be saved. Commission members expressed regret that the trees could not be saved. MOTION: of Thorberg, seconded by Kleckner, to table this item until after the next item on the agenda is discussed. VOTE: Yes - 6, No - 0. 7. Public Hearing for Rezoning to LB (Limited Business). LOCATION Northwest Corner of County Road 42 and Calaxie Avenue PETITIONER: City of Apple Valley PH REZONE CORNER OF GALAXIE & CR 42 TO LB The Chair opened the public hearing with the standard opening remarks. Mr. Kelley presented the petition for rezoning from "I -1" to "LB ". The purpose of the rezon- ing is to ensure that development of this currently vacant property will be con- sistent with the use of the adjacent library site and is consistent with the City's Comprehensive Plan. Mr. Leet Wilson, 13724 Cedar Avenue, asked who is the current owner of the property. Mr. Kelley said it is owned by Fischer and they were notified of the proposed rezoning mail, as were other abutting property owners, but had not responded. There were no other comments and the chair de- clared the public hearing closed. PLANNING COMMISSION MINUTES April 15, 1987 Page 3 MOTION: of Sterling, seconded by Thorberg, to recommend rezoning of the parcel described in Item #6 from "A" to "P ". VOTE: Yes - No - 0. MOTION:- of Sterling, seconded by Thorberg, to recommend rezoning of the parcel described in Item #7 from "I -1" to "LB ". VOTE: Yes - 6, No - 0. 8. Public Hearing for Amendment to Comprehensive Plan. LOCATION Northwest Corner of Future Galaxie Avenue and Future 157th Street PETITIONER: City of Apple Valley PH AMEND COMP PLAN The Chair opened the public hearing with the standard opening remarks. Mr. Kelley presented an amendment to the Comprehensive Plan to accommodate a proposed indoor soccer facility. The area is currently designated for multiple residential use with designated park land on the other side of Galaxie. Concerns of the Commis- sion members centered on the relocation of designated park space, whether this would be a permitted use in this location and lack of communication between the developer and the City's park director on a project of this type. Copies of a letter from Harvey E. Henjum, 481 Reflection Road, raising several questions, was distributed to Commission members and placed in the record. Chair Erickson re- sponded to several points - (1) The project developers intend to go ahead with this project with or without a City park next to it. (2) Apple Ponds is a separate issue which must be considered on its own merit, just as this one must be considered separately. (3) This is a private, commercial project and the developers are not asking for City participation. (4) The roads in this area will be installed - this project may require that they be installed sooner rather than later. The hearing was closed by the Chair and a public hearing was set for May 6, 1987. 9. Rezone, Preliminary Plat and Building Permit Authorization - Scottsbriar Apartments LOCATION Southwest Corner of Pilot Knob Road & 142nd Street SCOTTSBRIAR APTS PETITIONER Minnesota Financial Development Corp. REZONE, PRELIM. PLAT & BLDG PRMT Mr. Kelley presented the request for consideration of building permit authoriza- tion, preliminary plat and rezoning amendment to allow up to 99 multiple residen- tial dwelling units in an area currently limited to 66 units. The petitioner then stated that he wished to withdraw the request for rezoning and proceed with the original plan of 66 units. The developer indicated that the building farthest south on the proposed plan would be deleted and the location of the other two buildings would probably be shifted slightly but otherwise the proposed plan would remain the same. MOTION: of Kleckner, seconded by Sterling, to recommend approval of the prelim- inary plat, site plan and building permit for two 33 unit apartment buildings, subject to staff approval of the revised site plan. Barry Calderwood, 14339 Euclid Avenue, questioned what might happen to the "empty" site? Mr. Erickson said that it could not be put to another use without petition- ing the City for rezoning again. Mr. Calderwood also objected to placing a 3- PLANNING COMMISSION MINUTES. April 15, 1987 Page 4 story multiple dwelling immediately adjacent to single family lots. Jim Gilbach, 14387 Euclid, pointed out an apparent inconsistency from the Commission with its concern in the previous item for the area surrounding the soccer field and having no concern here for the surrounding area by placing multiple family dwellings abutting single family lots. Mr. Erickson responded that the apartment site had been approved before the single family development was proposed and it was not a decision they could change. VOTE: Yes - 6, No - 0. 10. Rezone to R -1C and Preliminary Plat - Cherry Oak Estates. LOCATION East Side of Cedar Avenue, 1/4 Mile South of 132nd CHERRY OAK Street ESTATES - REZONE, PETITIONER Leet Wilson and Sherwood Hoel PRELIM PLAT Mr. Kelley made the staff presentation for this item requesting rezoning from "R- 1A" to "R -1C" and approval of the preliminary plat for 45 detached single family lots. Leet Wilson, 13724 Cedar Avenue, stated that the location of a pond which had been asked about at the previous meeting was all on his property and not on any of the school property. MOTION:. of Gowling, seconded by Kleckner, to recommend approval of the rezoning from "Rl -A" to "R1 -C ". VOTE: Yes - 6, No - 0. MOTION: of Thorberg, seconded by Sterling, to recommend approval ;of the prelim- inary plat. VOTE: Yes - 6, No - O. 11. Site Review and Building Permit Authorization - Mortuary LOCATION Southeast Corner of 147th Street W. and Garrett Avenue PETITIONER Weston Anderson MORTUARY - SITE REVIEW & BLDG PERMIT Ms. McMonigal made the staff presentation for this item. The developer was pre- sent and had a rendering of the building for the Commission to review. Ms. Sterling asked if they had considered using cedar shakes instead of asphalt shingles for the roof. The developer replied that they preferred shingles. The project is a permitted use at this location. MOTION: of Thorberg, seconded by Carlson, to recommend approval of the site plan and the building permit. VOTE: Yes - 6, No - 0. 12. Sign Variance Request LOCATION 980 Garden View Drive PETITIONER Ashwin Shah SIGN VARIANCE - 980 GARDEN VIEW Ms. McMonigal made the staff presentation for this item. The petitioner was pre- sent and stated that he had been unaware that a pylon sign was not permitted in this location since one had been erected previously and if he had been aware of the restriction, he might have made a different decision on the location for his business. He said that the sign was extremely important to the business and any PLANNING COMMISSION MINUTES April 15, 1987 Page 5 other type of sign would be ineffective due to the location of the Spur station on the corner with its bright lights and rear fence. The Commission seemed very reluctant to approve the variance for this sign, however, Mr. Thorberg stated that it appeared to him the Mr. Shah's was a hardship case and the Commission should make its decision based on that condition. It was suggested that Mr. Shah conduct a survey of neighbors adjacent to the property to see if they would object a sign such as he proposed and come back before the Commission at its next meeting. Mr. Shah was agreeable to that suggestion. MOTION: of Kleckner, seconded by Cowling, to table this item until the next meeting after Mr. Shah has surveyed the neighbors regarding the sign. VOTE: Yes - 6, No - 0. 13. Setback Variance for Garage LOCATION 100 Pinewood Circle PETITIONER Ronald Rogers SETBACK VARIANCE 100 PINEWOOD CIR Ms. McMonigal made the staff presentation for this item. The setback variance is requested in order to build an addition to the side and rear of the existing gar- age. The addition at one corner would be only 4'2" from the lot line. Mr. Rogers had submitted a letter from his neighbor stating he had no objection to the vari- ance. MOTION: of Thorberg, seconded by Sterling, to recommend approval of the setback variance for 100 Pinewood Circle. VOTE: Yes - 6, No - 0 14. Setback Variance for Accessory Building LOCATION 12982 Finch Way PETITIONER Phillip H. Snyder SETBACK VARIANCE 12982 FINCH WAY Ms. McMonigal made the staff presentation for this item. The setback variance is requested in order to build a shed which is adjacent to the garage but not attached to it. Because of the terrain in the backyard, the shed cannot be placed in compliance with the setback requirements. MOTION: of Thorberg, seconded by Carlson, to recommend approval of the setback variance for building an accessory building at 12982 Finch Way, subject to installation of fire - resistant sheetrock in the side next to the garage. VOTE: Yes - 5, No - 1 (Sterling). Election of officers for the current year for the Planning Commission were as follows: Chairperson - Robert Erickson, Vice - Chairperson - Arleigh Thorberg, and Secretary - Virginia Sterling. All officers were elected on a white ballot by a vote of 6 -0. The Chair reminded the Commission members of a work meeting on the Comprehensive Plan scheduled for April 29 at 7:30 p.m. The meeting was adjourned at 10:10 p.m.