HomeMy WebLinkAbout080223 PC MINUTESCITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
August 2, 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, Becky Sandahl
Member(s) Absent: Keith Diekmann, Jeff Prewitt, Phil Mahowald
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 - 4 – Nays – 0.
3. CONSENT ITEMS
A. Approval of Minutes of June 21, 2023
MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler,
approving the minutes of June 21, 2023. Roll call vote: Ayes - 4 – Nays – 0.
4. PUBLIC HEARING
A. Eagle Pointe 2nd Addition
Chair Kurtz opened the public hearing.
Planner Bodmer provided a brief presentation.
Commissioner Scanlan asked if the streets were public or private.
Planner Bodmer stated that the streets are private.
Commissioner Scanlan asked how parking is setup.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
August 2, 2023
Page 2 of 5
Planner Bodmer stated that the street width is 28’ and the City Engineer and City Planner
at the time decided to not allow on-street parking due to the width of the street and the
fact that there is only one access point into the development. The only visitor parking is
driveways and the parking areas. There are 12 total visitor parking spots so there would
need to be one more grouping.
Commissioner Scanlan stated that parking could become an issue if a homeowner is
having a party and can also make emergency services difficult to navigate into the area if
on-street parking were allowed. The extra parking spaces will be important.
Commissioner Scanlan asked what is missing from the combustible materials on units 12-
16.
Planner Bodmer stated that staff would like to see the same treatment on the side and rear
of the units. It helps to break up the façade and add interest.
Chair Kurtz asked if porches were discussed in the initial meetings for phase 1.
Planner Bodmer deferred to the developer to answer this.
Chair Kurtz stated that the height is important and that she is not in favor of adding the 3
units as this was already discussed as part of phase 1 and should have been brought
forward in the initial plans.
Planner Bodmer stated that the number of units would go from 77 to 80 and would bring
the density from 4.0 units per acre to 4.2 units per acre.
Chair Kurtz said that from the perspective of the residents, the initial plans were made to
appease everyone and is unfair to change now.
Commissioner Sandahl agreed with Chair Kurtz that units should not be added.
Commissioner Sandahl also stated that she did not remember being told that there would
be a phase 2 in the initial meetings. She also stated that these townhomes are closer to the
streets than the other units.
Commissioner Scanlan asked what the space was originally designated as.
Planner Bodmer said it was open space.
Commissioner Scanlan pointed out that there are no easy parking spots for some of the
middle units.
Commissioner Schindler asked if the distance from 140th St. W. is still appropriate.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
August 2, 2023
Page 3 of 5
Planner Bodmer stated it meets the setback requirements.
Commissioner Schindler stated that he did not like when things were added after the fact
and wondered why this was not planned for initially.
Planner Bodmer stated that the City worked with the developer on the design of the
ponding because some City water uses those ponding areas. Staff can bring more
information at the next meeting.
The developer, Matt Olson (Brandl Anderson Homes), said that in the initial plans, they
had been told that the development would need oversized ponding due to the excess
amounts of stormwater coming to the site. The City Engineer was able to find an
alternative remedy by using oversized piping that runs under 140th to move the water
offsite which then gave them the opportunity for additional space for more units.
Assistant City Engineer Evan Acosta stated that the City and Brandl Anderson worked
together to invest City funds into mitigating stormwater that was coming in from
surrounding neighborhoods. Shortly after the first site plan meeting, the City had been
investigating options for mitigating the water that would remove some of the burden from
the developer.
Mr. Olson stated that the variance is for the stone material on all four sides of the units.
There is roughly a 10’ drop in elevation from Gardenview Dr. to the foundation of the
units and there will be a retaining wall that backs up to Gardenview to there will be
limited visibility of the façade.
Chair Kurtz asked if there were any questions or comments from the public.
Resident, Carole Elfstrum (8580 136th Ct.), said that she is not in favor of the additional
units. Mrs. Elfstrum understands the opportunity for the developer but from a
neighborhood perspective, it really changes the whole look of the development.
Commissioner Scanlan advised that one possible option would be to add in 2 units
instead of 3 and then to use the additional space to add in parking.
5. LAND USE
A. NE Corner of Gossamer Way and 138th St. W. Setback Variance
Planner Sharpe provided a brief presentation.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
August 2, 2023
Page 4 of 5
Chair Kurtz asked if the lot would be brought down since the lot next door is very low
and would overlook it.
Planner Sharpe stated that there may not be the ability to bring the lot down due to the
depth of the sewer in the roadway. The ability to sink the lot is what the applicant was
hoping to do with the U-shaped retaining wall shown in the plan. This may limit the
amount of yard usable and drainage issues but these concerns are not part of the variance
request as these are Code issues.
Commissioner Scanlan asked if there were pictures of the neighboring site. He also asked
if there was a retaining wall currently on the site.
Planner Sharpe said there is not a retaining wall currently. The lots go up and down in
elevation. A significant amount of the site has already been removed. There are some
challenges on the site, but they are outside the scope of the variance.
Commissioner Scanlan asked if there is a preference from the City on how the home is
built.
Planner Sharpe said that the front would need to be off 138th. Staff believes that if the
variance is granted, the other issues could then be worked on.
Commissioner Sandahl asked what the purpose of the setback is.
Planner Sharpe stated that it is a combination of site lines, but also neighborhood
character and the difficulties of a corner lot. Land is used as a buffer from busy roadways.
The builder, Tony Brown, was present for questions.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, to
recommend approval of a 10’ street side yard setback variance from a 30’ setback
to a 20’ setback. Roll call vote: Ayes – 4 – Nays – 0.
6. OTHER BUSINESS
A. Review of Upcoming Schedule and Other Updates
The next Planning Commission meeting is scheduled for Wednesday, August 16, 2023,
7:00 p.m. The next City Council meeting is Thursday, August 10, 2023, 7:00 p.m.