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HomeMy WebLinkAbout060723 PC MINUTESCITY OF APPLE VALLEY PLANNING COMMISSION MINUTES June 7, 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, David Schindler, Phil Mahowald, Becky Sandahl and Jeff Prewitt Member(s) Absent: Keith Diekmann City staff members attending: City Planner Kathy Bodmer, Planner Alex Sharpe, Community Development Director Tim Benetti, Assistant City Engineer Evan 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 - 6 – Nays – 0. 3. CONSENT ITEMS A. Approval of Minutes of May 17, 2023 B. Eagle Pointe Model Home Permit MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, approving the minutes of May 17, 2023 and the request to construct model home at 13684, 13688, 13692, and 13696 Hollybrook Drive. Roll call vote: Ayes - 6 – Nays – 0. 4. PUBLIC HEARING A. Apple Valley High School Turf Field Accessory Storage Building Planner Kathy Bodmer gave a brief presentation. Commissioner Scanlan asked if there were requirements regarding the materials used on the building. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 7, 2023 Page 2 of 7 Planner Bodmer stated that it must be architecturally compatible. Chair Kurtz asked if there were any questions or comments from the public. – None. With no further comments, Chair Kurtz closed the public hearing. MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to recommend approval of a conditional use permit to allow construction of a 1,500 sq. ft. accessory storage building at Apple Valley High School, subject to conditions. Roll call vote: Ayes – 6 – Nays – 0. MOTION: Commissioner Mahowald moved, seconded by Commissioner Sandahl, to recommend approval of a variance to increase the size of the accessory building from 1,400 sq. ft. to 1,500 sq. ft. with findings and conditions as noted in the attached draft resolution. Roll call vote: Ayes – 6 – Nays – 0. MOTION: Commissioner Mahowald moved, seconded by Commissioner Scanlan, to recommend approval of a variance to increase the number of allowed detached accessory buildings from two to six with findings and subject to conditions as noted in the attached draft resolution. Roll call vote: Ayes – 6 – Nays – 0. B. Eastview High School Turf Field Accessory Storage Building Planner Kathy Bodmer gave a brief presentation. Chair Kurtz asked if there were any comments from the public. – None. With no questions or comments, Chair Kurtz closed the public hearing. MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to recommend approval of a conditional use permit to allow construction of a 1,500 sq. ft. accessory storage building at Eastview High School, subject to conditions. Roll call vote: Ayes – 6 – Nays – 0. MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to recommend approval of a variance to increase the size of the accessory building from 1,400 sq. ft. to 1,500 sq. ft. based on findings and subject to conditions noted in the attached draft resolution. Roll call vote: Ayes – 6 – Nays – 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 7, 2023 Page 3 of 7 C. Ordinance Amending Chapter 155, Appendix F, Article 24, Planned Development No. 646, Zone 2, Adding Drive-Through Window Service in Conjunction with a Class-III Restaurant Planner Alex Sharpe provided a brief presentation. Petitioner, Liza Robson, also gave a brief presentation. Chair Kurtz stated that it was a great idea and shared that her niece in Michigan is disabled and works at a business similar to what is being proposed. Chair Kurtz asked if the courtesy window will be ADA compliant and perhaps have the ability to come out and then lower for those who may not have the mobility to reach. Mrs. Robson stated that there are three drive-through lanes and some of the parking lot needs to be reconfigured. She stated that they would definitely be looking into options for making the window more accessible. Commissioner Sandahl voiced her appreciation for the idea. Commissioner Scanlan was impressed with the background work that the petitioner had done. Commissioner Scanlan asked what the timetable is for the project. Mrs. Robson stated that Fall 2023 would be preferred depending on lead times for materials. Resident, Natalie Burgett (14342 Genessee Ave.) thanked Liza for her wonderful idea. Mrs. Burgett stated that she works with younger individuals with disabilities, and she often sees families affected by developmental disabilities struggling to teach their teens and young adults skills that often don’t get to be used. This could allow them to contribute to the community. MOTION: Commissioner Scanlan moved, seconded by Chair Kurtz, to recommend approval of an ordinance amending Chapter 155, Appendix F, Article 24, Planned Development No. 646, Zone 2, adding drive-through window service in conjunction with a Class-III Restaurant as an accessory use. Roll call vote: Ayes – 6 – Nays – 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 7, 2023 Page 4 of 7 D. Higher Ground Daycare CUP and Site Plan Building Permit Authorization Planner Sharpe provided a brief presentation. Petitioner, Chris Horney (Murphy Real Estate Services), also gave a brief presentation. Chair Kurtz asked if there were any questions or comments from the public. The director of Jardin Spanish Immersion Daycare, Arlette Gaona (14615 Glazier Ave.), voiced concerns for the increase in traffic that this may cause. Mrs. Gaona stated that some parents have said that it can take 5 minutes to turn from 145th to get onto Glazier Ave. and with doubling the families by adding a second daycare, will it take double the time to get to Glazier Ave or are there plans to mitigate the traffic. Mrs. Gaona also wondered why a daycare would want to move next door to an existing daycare. Assistant City Engineer Evan Acosta requested additional information from Higher Ground and would like time to complete their study and gather the necessary information regarding traffic. Commissioner Mahowald asked what the capacity was of Jardin. Mrs. Gaona stated the capacity of children is 150. Resident, Paul Burgett (14342 Genessee Ave.) agreed with Mrs. Gaona’s statement regarding the traffic being an issue at that intersection and is often backed up. The left turn does not get a lot of right-of-way and it may be something to consider. With no further comments, Chair Kurtz closed the public hearing. 5. LAND USE A. Burgett Backyard Shed Variance Planner Bodmer provided a brief presentation. Commissioner Mahowald asked if the height of the building is the height from the top of the building to the slab or is it built into the incline. Planner Bodmer stated that the definition of grade is an average. The slope of the rear yard goes down and then comes back up so there isn’t an easy way to tuck the building into the hill. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 7, 2023 Page 5 of 7 Commissioner Mahowald stated that the design was interesting with the skylights. Commissioner Schindler asked if any trees would need to be removed. Planner Bodmer stated that she did not believe so but would defer to the petitioner. Petitioners Paul and Natalie Burgett (14342 Genessee Ave.) provided a brief presentation. Commissioner Prewitt asked if the basement will be useable once the mold mitigation and drain tile system is installed. Mr. Burgett stated that it would be unlikely due to Mrs. Burgett’s mold sensitivity and the basement also does not have a lot of space. Commissioner Prewitt asked if there was a survey completed or a report that gives credence to the elevation differences between neighboring properties. Mr. Burgett stated that they did have a survey done but that it does not take any elevations into consideration. Commissioner Scanlan stated that these types of decisions are often difficult and while he understands the perspectives of the homeowners, they are limited as a Planning Commission with how they can make their decisions. Commissioner Scanlan stated that while the building design is nice, there could be some changes made to bring the height to 16’. Commissioner Scanlan asked what options there are to bring the building within Code. Mr. Burgett stated that the platform could be moved to the middle and there would be a larger headroom. The reason this option does not work is due to some lockers that need to be stored in the building and need the heigh clearance. Commissioner Scanlan said that the building seemed to be designed around a specific storage element and asked what other options there would be to have the building below the 16’ limit. Typically, the Commission will work to find other options that will work for the applicant and within code without needing a variance. Commissioner Scanlan asked if this item could be tabled to a future meeting after more options are researched. Mrs. Burgett stated that with the points they have made, what aspects seem unreasonable to the Commission? They are planning to match the siding of the shed to their house, all their neighbors are in favor of it, and it would add value to the neighborhood. Mr. Burgett CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 7, 2023 Page 6 of 7 is a skilled builder and it would be very aesthetically pleasing. She stated that Mr. Burgett has exhausted all other options for keeping within the Code. Planner Bodmer stated that from a staff standpoint, the petitioners have their mind set on a specific design and the request is above what the Code allows for. She stated that this would be equivalent to a three-stall garage plus additional space in the second story. There is a concern that this structure will be towering and impact the neighborhood. Planner Bodmer stated that the mold information provided is brand new this evening, so there is an opportunity to come back after further research. Planner Bodmer asked what the ceiling height is for the first floor. Mr. Burgett asked what the considering factors would be and stated that he did not know that mold would be a factor for the Commission. Chair Kurtz stated that the mold would likely not have made a difference in her opinion. A shortage of storage does not prove the fact that a variance should be granted. Commissioner Sandahl said she sympathized with the petitioners, but they do need to remain consistent with other variance requests. Commissioner Mahowald mentioned there is a lot of sympathy for the situation but they are bound by the ordinances and namely the “practical difficulties” requirement. Needing dry storage due to mold does not necessitate an 18’ building height. Commissioner Mahowald asked if there was an option to satisfy the need for storage while keeping within 16’. Chair Kurtz asked if a second storage building could be placed on the property. Mr. Burgett stated that this was offered as an option by City staff, but that he would say the ordinance is left to interpretation. Mr. Burgett reads it as 750 sq. ft. in area as opposed to footprint. He believes that the lack of storage is unique to their situation and caused by the property. Chair Kurtz asked how much more square footage will they gain by going to 18’ high. Mr. Burgett stated that they would be able to use 260 sq. ft. Chair Kurtz asked if that would allow them to fit all their belongings that are currently in storage. Commissioner Scanlan asked if the Burgett’s would like a vote to be taken this evening or if they would like to table it for further discussion.