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HomeMy WebLinkAbout100621 PC MINUTESCITY OF APPLE VALLEY PLANNING COMMISSION MINUTES October 6, 2021 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Acting Chair Kurtz at 7:00 p.m. Members Present: Jodi Kurtz, Paul Scanlan, Keith Diekmann, Philip Mahowald, Becky Sandahl, and David Schindler Member(s) Absent: Tim Burke City staff members attending: Community Develo pment Director Bruce Nordquist, City Planner Tom Lovelace, City Planner Kathy Bodmer, City Engineer Brandon Anderson, and City Attorney Sharon Hills 2. APPROVAL OF AGENDA Acting Chair Kurtz asked if there were any changes to the agenda. Community Development Director Nordquist requested there was one change. There is some additional material for Item 5 B. Whaley Garage Variance items 1 and 2. There are materials that have been shared; responses from adjacent neighbors in support of a variance. MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan, approving the agenda as amended. Roll call vote: Ayes - 6 – Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler, approving the minutes of the meeting of August 4, 2021. Roll call vote: Ayes – 6 – Nays – 0. 4. PUBLIC HEARING None 5. LAND USE / Action Items A. Eagle Brook Church CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes October 6, 2021 Page 2 of 4 Planner Tom Lovelace presented the staff report. Commissioner Scanlon asked about the lighting plan and how it would affect the residential areas. Planner Lovelace said the lighting was up to code. Acting Chair Kurtz asked why the building is right next to Sam’s Club. She thinks it makes more sense to be on the other side. Stephanie Hauber, Expansion Director Representative for Eagle Brook Church said it was most cost effective to keep it next to Sam’s Club and they also did some audio checking and said that shouldn’t be a problem either. Acting Chair Kurtz asked if anyone else would like to speak, there were no other comments. Planner Lovelace asked the commission to make a recommendation for approval of proposal. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler to recommend approval of the site plan building permit authorization and offer construction of a 58,139-Sq. Ft. Building and a 585 space parking lot on lot 1 block 3 Fisher Market Place subject to the following conditions one through 14 as outlined in the staff report. Roll call vote: Ayes – 6 – Nays – 0. B. Whaley Detached Garage Variances Planner Kathy Bodmer presented the staff report, including added conditions proposed by the city attorney Commissioner Diekmann questioned the differences between the hand drawn site plan and survey and why a variance was needed. Petitioner Matt Whaley explained his reasoning for wanting the detached garage at the chosen location. The hand drawing was a generalization while awaiting the survey work. Commissioner Diekmann questioned garage positioning with existing site and neighbors trees.. Planner Bodmer said they were leaving the location to the home owner as he sought to retain trees and make for a functional turn into the new garage off of the existing driveway. Commissioner Mahowald questioned lot lines and had questions on what happens if the trees die. Planner Bodmer said as part of the application the owner would have to get a Natural Resources permit. At that time he would be identifying significant trees and working with existing grades. This is when a more careful review would be done. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes October 6, 2021 Page 3 of 4 Commissioner Mahowald is wondering about encroachment even though the neighbors have no objection. Planner Bodmer said the City does have a tree replacement requirement. Acting Chair Kurtz asked if there were any other questions. There were none. Planner Bodmer said staff could request additional information if needed. Commissioner Diekmann said that wasn’t necessary. MOTION: Commissioner Scanlon moved, seconded by Commissioner Diekmann to recommend approval of a height variance to increase the height of a detached garage from a maximum of 16 ft. to 21 ft. (5 ft. variance) subject to all city codes and conditions with revised staff report 1 thru 8 based on findings 1 thru 8. Roll call vote: Ayes – 6 – Nays – 0. MOTION Commissioner Scanlon moved seconded by Commissioner Schindler to recommend approval of a side yard setback variance to reduce the side yard setback for a detached garage from 20 ft. to 11 ft. (9 ft. variance) subject to all city codes and conditions outlined in staff report 1 thru 8 based on findings 1-8. Roll call vote: Ayes – 6 – Nays - 0 6. OTHER BUSINESS A. Review of Upcoming Schedule and Other Updates The next Planning Commission meeting is Wednesday, October 20, 2021, 7:00 p.m. Director Nordquist said we are scheduling a public hearing at that meeting to discuss the draft chicken ordinance and residential zones and lot coverage/size. Urban Affairs has been the lead with the drafting of a revised animal ordinance The next City Council meeting is Thursday October 14, 2021, 7:00 p.m. The item advancing to Council is the restaurant and market in Central Village. 7. ADJOURNMENT