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HomeMy WebLinkAboutI.4.a. Approve September 17, 2018 Meeting MinutesPLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 17, 2018 PAGE 1 I. Regular Meeting Call to Order: Pursuant to due call and notice thereof, the Regular Meeting of the Planning Commission was held on Monday, September 17, 2018. Chair Kenninger called the meeting to order at 6:30 p.m. with Commissioners VanderWiel, Freeman, Reed, and Mele. Commissioner Schwartz was absent. Also in attendance were Community Development Director Lindquist, Senior Planner Klatt, Planner Nemcek, and Recording Secretary Bodsberg. The Pledge of Allegiance was said. Additions to Agenda: None. Audience Input: None. Consent Agenda: a. Approval of the July 24, 2018, Regular Meeting Minutes. b. Approval of Final Plat Prestwick Place 16th Addition for Prestwick, LLC (18-41-FP) MOTION by Mele. Second by Freeman. Ayes: 5. Nays: 0. RECESS REGULAR PLANNING COMMISSION MEETING AND OPEN BOARD OF APPEALS AND ADJUSTMENTS MEETING MOTION by Freeman to recess the regular meeting and open Board of Appeals and Adjustments meeting. Second by Reed. Ayes: 5. Nays: 0. Motion Passes. Public Hearing: 5.a. Request by John Friedges to allow a Variance from Section 9-6-5:3 of the City Code requiring a minimum of two soil treatment and dispersal areas to serve a subsurface sewage treatment system (SSTS) also known as a septic system. (18-43-V) – Board of Appeals Planner Nemcek gave a brief summary of the staff report for the Planning Commission. Commissioner Reed questioned how the soil gets impacted and unusable for the septic. Nemcek stated that through grading the soil was compacted. The public hearing opened at 6:38 pm. Public Comments: Tedd Hammond, 12375 Dodd Blvd, inquired if the septic sites were already determined when the lot was platted. Lindquist stated that it was but that when the area was graded it reduced the area for the drain field. The size of the septic system is also dependant on the size of the house that will be constructed on the lot. MOTION by Reed to close the public hearing. Second by VanderWiel. Ayes: 5. Nays: 0. Motion Passes. The public hearing was closed at 6:44 pm. PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 17, 2018 PAGE 2 Additional Comments: Commissioner Kenninger inquired that since this lot didn’t have two septic sites approved, if any other lots in the subdivision don’t have space for two sites approved. Nemcek stated that the lot did have two sites approved but the secondary lot was disturbed during grading. Commissioner Freeman inquired if there is anything in place that restricts the developer from building on the second septic location. Lindquist stated that there should be an additional condition added that would restrict construction on the alternate septic location. MOTION by Freeman the Board of Appeals and Adjustments to approve a variance from Title 9, Chapter 6: Subsurface Sewage Treatment Systems requiring a minimum of two soil treatment and dispersal areas on all lots created after January 23, 1996, subject to the following conditions: a. The subject parcel is located in an area that is not anticipated to receive city sewer and water in the future. b. Any replacement for the SSTS shall be designed for soils that have been disturbed. c. Added: No development including outbuildings, decks, patio slabs or the like shall be located in the area designated for the future second system. Second by Mele. Ayes: 5. Nays: 0. Motion Passes. 5.b. Request by Tiffany Livingston to allow a Variance from the Side Yard Setback Requirement for Accessory Buildings in the RR-Rural Residential Zoning District. (18-44-V) – Board of Appeals Senior Planner Klatt gave a brief summary of the staff report for the Planning Commission. Commissioner Kenninger inquired if the 15 feet from the property line is the furthest the garage could go. Klatt stated that would be a question for the applicants but that the 15 feet seemed to be the best option for them to get their items in and out of the garage. Kenninger inquired what the setback would be if the property was zoned low density. Klatt stated that it would be a 10-foot setback. Commissioner Reed questioned if the property was rezoned would the additional lots in that area go down to a 10-foot setback. Klatt stated that would be a future decision but hypothetically the lots would go down to the lower setback of 10 feet. Reed questioned if the additional driveway was gravel or paved. Klatt stated that it is a gravel driveway. Commissioner VanderWiel inquired if the proposed garage size would be allowed in an R1 zoning district. Klatt stated that it would be larger than what is allowed in an R1 zoning district. The maximum garage size in the R-1 District is 1,000 sq feet and the proposed garage is 1,200 sq feet. The public hearing opened at 7:00 pm. Public Comments: Greg & Debra Cysiewski, 2159 128th Street West, stated that they understand that a garage will be built but would like to see it built further from the property line. Jim Philp & Tiffany Livingston, 2175 128th Street West, stated that they would like the 15-foot setback so that they can easily back in and turn around a boat or trailer. Chair Kenninger stated that 30 feet would put the garage right up against the driveway and 15 feet is what they are requesting. Is there anything in between that would work. Ms. Livingston stated that they have played around with their different options but that the 15 feet seemed to be the best option for what they would like. They also don’t want to have to remove any more trees. They would also prefer that the garage doors face the house v ersus the street. The septic system went in where they had originally wanted to place the garage. PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 17, 2018 PAGE 3 Senior Planner Klatt stated that another neighbor had contacted him. The neighbor indicated that he wasn’t opposed to the variance but that he would like to see the entire neighborhood regulated similarly. Greg Cysiewski, 2159 128th Street West, stated that the owners made it seem that the trees are a huge issue to remove but they have removed a bunch of trees already. They are also concerned about property values because the building is so close, a change in drainage, and don’t want the pile of dirt to remain at the back of the lot. Tiffany Livingston, 2175 128th Street West, stated that the trees that were removed had to be taken down because of the location of the septic system and some were dead so they were removed as well. MOTION by VanderWiel to close the public hearing. Second by Mele. Ayes: 5. Nays: 0. Motion Passes. The public hearing was closed at 7:16 pm. Additional Comments: Chair Kenninger inquired if there is any concern for the drainage in the location of the garage. Klatt stated that when the building permit is approved it should definitely be looked. Commissioner VanderWiel inquired if the garage wasn’t side loaded would there still be an issue. Klatt stated that the setback would be increased. VanderWiel stated that the size of the garage is concerning. The setback that the applicant is requesting doesn’t usually happen with the large size garage that they would like. The close setback to the property line and the size of the structure does not sit well with her. VanderWiel would be in favor of approving the variance if the structure was reduced in size. Commissioner Reed stated that changing the placement of the garage would be possible. Commissioner Mele stated that the size of the proposed garage is not too large under the properties current zoning. Klatt confirmed that is correct. Commissioner VanderWiel stated that when looking at the R1 standards the applicant is asking for the benefit of the R1 setback then the size of the building should be looked at as well. Having a smaller setback, the building should be smaller according to the R1 requirements. Commissioner Mele stated that he disagrees and that the owners aren’t necessarily asking for an exception to the R1 requirements. Community Development Director Lindquist inquired if there is an acceptable setback that the Board may be okay with. Staff also suggested continuing the item to give staff a chance to work with the applicant and the neighbor. MOTION by Mele to reopen the public hearing. Second by Freeman. Ayes: 5. Nays: 0. Motion Passes. The public hearing was re-opened at 7:33 pm. Jim Philp, 2175 128th Street West, stated that he would like to get this resolved tonight. Mr. Philp stated that the concern about drainage won’t be a problem when the project is finished. He explained how he has the project designed the water is all draining away from the buildings. He indicated that the property and extra lot were originally purchased for the construction of the garage. PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 17, 2018 PAGE 4 Chair Kenninger stated that the public hearing will be continued until next week’s Planning Commission so that staff can come out to the property. They will speak with the applicants and neighbors so that they can work out an agreement. MOTION by Reed to continue the Public Hearing to the September 25 th, 2018, Planning Commission meeting. Second by VanderWiel. Ayes: 5. Nays: 0. Motion Passes. MOTION by VanderWiel to recess Board of Appeals and Adjustments meeting and reopen the Planning Commission meeting. Second by Reed. Ayes: 5. Nays: 0. Motion Passes. RECESS BOARD OF APPEALS AND ADJUSTMENTS MEETING AND RE-CONVENE REGULAR PLANNING COMMISSION MEETING. 5.c. Request by God’s Discovery Kids Preschool for a Conditional Use Permit to Expand Daycare Facility Within a Church. (18-46-CUP) Planner Nemcek gave a brief summary of the staff report for the Planning Commission. The public hearing opened at 7:52 pm. Public Comments: Rebecca Seal-Soileau, 3190 Lower 147th Street West, stated that she appreciates the services that the church provides and is supportive of approving their application. Lisa Gilbertson, 14330 Eveleth Ave, Apple Valley, stated that she is the Director of GDK Preschool. She stated that the school has been split in half for the use of the parking lot. The preschool starts at 9:30 am so that they do not disturb the early morning traffic in the area. Andy Soileau, 3190 Lower 147th Street West, questioned if with the expansion would have the preschool continue to use different parts of the parking lot. Ms. Gilbertson stated that the school will continue to split and use different sections of the parking lot. The school is only expecting to go up to 88 students at this time, not the full 142. Mr. Soileau stated that his continued concern is increased traffic in the area and doesn’t want to see the increased students to increase the traffic more than it already has. MOTION by Freeman to close the public hearing. Second by VanderWiel. Ayes: 5. Nays: 0. Motion Passes. The public hearing was closed at 7:57 pm. Additional Comments: Commissioner Reed questioned if a traffic study will be done. N emcek stated that the City has the right to request the traffic study if an issue arises. PLANNING COMMISSION REGULAR MEETING MINUTES SEPTEMBER 17, 2018 PAGE 5 MOTION by Reed to recommend approval of the Conditional Use Permit to allow expansion of an existing daycare facility in The Well, a United Methodist Church for up to 142 children, subject to the following conditions: a. The applicant receives all applicable state, county and city licenses. b. When GDK Preschool expands over 88 students, the City reserves the right to request a traffic study and improvements by GDK Preschool as recommended by the study. c. If traffic operations at the southern parking lot are problematic, as determined by City staff, the City may direct GDK Preschool to use the northern parking lot as an alternate access with better circulation. Second by Mele. Ayes: 5. Nays: 0. Motion Passes. Old Business: None. New Business: None. Reports: None. Adjournment: There being no further business to come before this Commission, Chair Kenninger adjourned the meeting at 8:00 pm. Respectfully submitted, Stacy Bodsberg, Recording Secretary