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.