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HomeMy WebLinkAbout051723 PC MINUTESCITY OF APPLE VALLEY PLANNING COMMISSION MINUTES May 17, 2023 1. CALL TO ORDER The City of Apple Valley Planning Commission Meeting was called to order by Chair Kurtz at 7:00 p.m. Members Present: Jodi Kurtz, Paul Scanlan, Keith Diekmann, David Schindler, Phil Mahowald, Becky Sandahl and Jeff Prewitt Member(s) Absent: None City staff members attending: City Planner Kathy Bodmer, Planner Alex Sharpe, Community Development Director Tim Benetti, Assistant City Engineer Evam Acosta, City Attorney Sharon Hills, and Department Assistant Breanna Vincent. 2. APPROVAL OF AGENDA Chair Kurtz asked if there were any changes to the agenda. – None. MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan, approving the agenda. Roll call vote: Ayes - 7 – Nays – 0. 3. CONSENT ITEMS A. Approval of Minutes of April 5, 2023 MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of April 5, 2023. Roll call vote: Ayes – 6 – Nays – 0 – AB – 1. 4. PUBLIC HEARING No public hearings. 5. LAND USE A. Chase Bank at Lunds and Byerlys Site Plan and Building Permit Authorization Planner Sharpe provided a brief presentation. Commissioner Scanlan asked if there will be a bike rack. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 17, 2023 Page 2 of 4 Planner Sharpe stated yes, though it is not shown on the plans. It is a condition of a approval. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler, to recommend approval of a site plan and building permit authorization for a 3,319 sq. ft. retail building for Chase Bank, subject to conditions. Roll call vote: Ayes – 7 – Nays – 0. B. Ozkan Front Fence Variance Planner Bodmer provided a brief presentation. Chair Kurtz stated that it seemed like this site was the only on where their garage buts up to the neighbor’s garage. Chair Kurtz asked if there would be any visual issues for plows. Planner Bodmer said that visibility was a concern so the height was reduced to 3.5’ near the road. Commissioner Diekmann stated that there was no logical reason that a 3.5’ fence would not contain the ball and asked if there was any scientific proof that 6’ would be needed. Planner Bodmer said that basketball hoops are 10’ tall and with balls bouncing off the backboard, the concern is that 3.5’ would not be tall enough. Commissioner Diekmann noted that across the street there are two homes with garages and driveways next to each other. Commissioner Diekmann stated that this would not fall into the guidelines of a practical difficulty as it pertains more to the homeowner and not the land. Commissioner Scanlan asked if it would terminate with the fence in the backyard. Planner Bodmer stated that it will connect to the back chain link fence. Commissioner Scanlan agreed with Commissioner Diekmann that a 6’ fence would prevent a ball from going into the yard. Commissioner Sandahl agreed that 6’ would likely not contain the ball. Commissioner Sandahl also stated that this is a problem that will eventually go away as kids grow up. Planner Bodmer stated that a fence would allow the homeowner to have reasonable use of his property. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 17, 2023 Page 3 of 4 Chair Kurtz noted that in the homeowner’s letter, it was stated that he wanted to protect his landscaping which had cost several thousands of dollars, but it appears to just be stone in the area. Planner Bodmer stated that it is stone for now. Commissioner Schindler noted that the basketball hoop is not a permanent hoop and can be moved around. He asked if it would be possible to move it to the other side of the driveway, away from the homeowner. Planner Bodmer stated that the neighbor has been asked to make that change but has refused. Commissioner Scanlan asked if there is any position the City has as far as the location of a basketball hoop. Planner Bodmer stated that recreational play equipment falls between a private dispute between neighbors. There are no ordinances that would prevent a basketball hoop from being put in. Petitioner Serhan Ozkan was present and provided some additional information regarding his need for a variance including the neighbors always coming in to his yard and to protect his privacy. Commissioner Diekmann reiterated that it was difficult to support a variance for land that was not encumbered. The property owner can build a 3.5’ fence. There has been nothing said that would require a 6’ fence. Chair Kurtz noted that it did not sound like a 6’ fence would resolve the issues. Commissioner Scanlan asked if the City would make a request to move a basketball hoop. City Attorney Hills stated that there are no code provisions on where to place a basketball hoop. This would be a private, civil dispute. Commissioner Mahowald advised that there are some temporary mesh backstops that can be put on the back on basketball hoops which would prevent the ball from coming into the yard, provided that the neighbor would be amenable to it. Commissioner Mahowald stated that this did not seem to meet the conditions of a practical difficulty.