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Planning Commission Minutes 04-02-2002 . . . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday - April 2, 2002 7:00 P.M. Members Present: Dick hie, Robbie Smith, Roy Popilek, Richard Carlson, Rod Dragsten and Council Liaison Clint Herbst Staff Present: JetIO'Neill, Fred Patch, John Glomski and Steve Grittman I. Call to order. Chair frie called the meeting to order at 7 PM. 2. Approval of minutes of the specialmeetinl.! held March] ], 2002, the minutes of the regular meeting held March 12,2002, and the minutes of the special meeting held March 25. 2002. A MOTION WAS MADE BY ROY POPILEK TO APPROVE '1'1 IE MINUTES OF THE SPECIAl, PLANNING COMMISSION MEETING HELD MARCH 11,2002. ROD DRAGSTEN SECONDED THE MOTION. MOTION CARRIED UNANIMOlJSL Y. A MOTION WAS MADE BY RICHARD CARLSON TO APPROVE THE MINUTES OF THE REGULAR PLANNING COMMISSION MEETING HELD MARCH 12.2002. ROBBIE SMITI I SECONDED THE MOTION. MOTION CARRIED UNANIMOUSL Y. A MOTION WAS MADE HY ROY POPILEK TO APPROVE THE MINUTES Of THE SPECIAL PLANNING COMMISSION MEETING I IELD MARCI I 25,2002. ROD DRAGSTEN SECONDED TilE MOTION. MOTION CARRIED UNANIMOUSLY. 3. Consideration of adding items to the agenda. Rod Dragsten asked for an update on the status of the MOAA board. This was placed as Item lOon the agenda. Chair Frie asked Fred Patch the procedure for payment of building permits. Patch advised that once issued by the Building Department, the applicant is contacted with the amount of the permit and it is paid for when the applicant picks it up. 4. Citizens comments. There were no citizcn comments. 5. Public Hearinl.! - Consideration of a special homc occupation permit allowing a salon in the R-2 residential district. Applicant: David GassIer. Planning Commission Minutes - 04/02/02 . John Glomski presented the staffreport stating that Mr. Gassier. 6117 Mill Run Road, has requested a special home occupation permit allowing a home salon operation in a residential neighborhood. Thc salon will have one stylist and will operate during the day, approximately 20 hours per wcek. Users of the salon will enter the residcnce via the front door or thc walkout cntrance in back. Therc will be limited retail of products not available to the general public. Inventory will be stored in a pantry or closet in the salon room. Walls will be constructed in the untinished basement to enclose the new salon room. The purpose of going through the special home occupation process is to evaluate how the occupation is conducted, making sure it does not jeopardize the health, safety, and gcneral welfare of the surrounding neighborhood. This particular neighborhood consists of attached two llunily dwellings in a R-2 district. Staff belicves the applicant meets all provisions and requirements of the code with the f()lIowing suggestions made as possible conditions of the permit: . Customer parking: Thc ordinance states that no homc occupation shall be permitted which rcsults in or generates more traffic than one (1) car for off-street parking at any given point in time. A method of controlling this is through appointment only service. . . Signage: The applicant circled no for signage. Being as this is in a neighborhood of attached two family dwellings, it might be beneficial to havc an idcntiJication sign (identifying the name of the residcnt) so customers aren't going to the wrong residence. Hours of operation: StatT would like to see a condition limiting the hours of opcration to normal busincss hours, i.e., Monday - Friday 8 - 5, Weekends 8 - 2. Glomski added that thc resident at 6123 Mill Run Road, which is next door to the applicant, provided a list of concerns, one being that clients should bc made to park in the applicant's driveway rather than on the street in front of other homes or in front of mailboxes. Glomski agreed that this should be placed as a condition on the permit. . Chair Frie opened the public hearing. lIearing no rcsponsc, the public hearing was closed. Roy Popilek asked if therc was a way to control parking and O'Neill stated it is di fficult to cnforce parking conditions and they must rcly on the operator to follow the conditions. O'Neill did state howcver that the Planning Commission could add the condition that this permit is looked at again in one year and if the conditions arc not bcing followed, the permit could bc revoked. Chair Frie stated he didn't believe that parking would be an issue since the salon is by appointment only and this is a one chair salon. Popilek added that generally he did not feel it would be a problem either but that a Planning Commission Minutes - 04/02/02 . neighbor did bring up the concern. Rod Dragsten stated there could possibly be an overlap of appointments causing two cars to be parked at the salon at the same time, but that this would be for just a short period of time, and doesn't see this as a problem. Chair Frie asked the applicant if he was aware of the conditions and he stated that he was. Frie asked Patch if there werc any issucs with access through the walkout level or any fire safety issues. Patch stated that thcrc may be a problem with the State in regard to handicap acccssibility but that this is an allowable occupation in the residential district. Dragstcn also stated that he would like the condition added that this be a one chair only salon. hie asked applicant about the hours of opcration and the applicant provided a schcdule with four hour intervals, which fcll betwcen the times specified in the staff report. The applicant did ask that they be allowed to change thc hours in the future if there was a need. Frie advised that could be done through city staff . Robbie Smith questioned statT on how they would know that this remains a one chair salon and O'Neill stated that this would be determined by the number of cars parking at the residcncc, as well as stating that neighbors would contact city staff if this occurred as this was a concern to them. O'Neill added that the Planning Commission has thc opportunity to review at any time. Smith asked the applicant about driveway separation and he stated that thcrc is approximately 5 feet between driveways and they are clearly marked. Smith was still conccrned with thc possibility ofincrcascd traffic and if the Planning Commission did not review until one ycar later that would bc too long. It was statcd that the review process is in one year but that did not mean that staff couldn't address at any time any issues that may arise. Smith asked O'Neill how likcly it is that a permit is revoked if applicants are in violation and he statcd it could happen but hc doesn't foresee that occurring. Smith then questioned the applicant what they would do if their busincss grew and the applicant stated that there is already a certain clientele from a previous salon and they have no intent of adding more hours, etc. It was questioned what type of signage was allowed and O'Neill stated that any signage would be name only, not salon signage, and this is required 101' identification purposes only. Patch stated this could be placed near the house or to place somcthing minor near the mailbox. Smith added that since the applicant knows the clients alrcady, the applicant could ask them to park in their driveway only. A MOTION WAS MADE BY ROY POPILEK TO APPROVE TilE SPECIAL IIOME OCCUPA nON PERMIT BASED ON TilE FINDING TIIAT TilE BUSlNl~SS IS CONSISTENT WITII TilE CHARACTER OF THE NEIGHBORHOOD AND THE BUSINESS WILL NOT RESULT IN DEPRECIA nON OF THE ADJACENT PROPERTIES, WITH THE FOLLOWING CONDITIONS: 1. The business is operated in an appointment only manncr to limit the number of vehiclcs parked at the residcncc at thc samc timc. Parking to be . . . . Planning Commission Minutes - 04/02/02 2. in resident's driveway only. The applicant provides proper signage (identifying the name of the resident). The hours of operation are limited to normal business hour such as weekdays 8 - 5, Weekends 8 - 2. Annual review by eity stall. This to be a single chair operation only. ., .J. 4. 5. ROD DRAGSTEN SECONDED THE MOTION. THERE WAS FURTIIER DISCUSSION BY RICHARD CARLSON STATING THE ADDITION OF TIlE CONDITION THAT PARKING BE IN TIlE RESIDENTS DRIVEWAY ONLY. ROY POPILEK AMENDED THE MOTION AS STATED. MOTION CARRIED UNANIMOUSI,Y. 0-, Publ ic Ilearing: Consideration of a request for a conditional use permit for development staQe nlanned unit development and oreliminarv nlat approval allowing commercial condominiums in the 1-1 A zoning district. Applicant: Allied Pronerties & Management, LLC. Steve Grittman, City Planner, provided the staff report. Allied Properties has forwarded plans for a three phase office-warehouse project on property along Seventh Street east of the FSI building. The project would consist of two buildings, with the larger of the two divided into two separate phases. The concept plan was reviewed previously. Grittman sated that Landscape, Grading/Drainage, and Building plans have been submitted as required. The access points to Seventh Street are aligned with Wright and Ramsey Streets to the north as requested, as well as an additional access drive in the northeastern corner. The landscape plan was revised to include additional trees and the site appears to have adequate parking fix the proposed buildings. Grittman staled that trash handling equipment should be stored within buildings and asked that the applicant identify how this will be handled and where it will be located. Grittman stated site lighting should be subject to Building Official approval and a photometric plan should be generated and submitted to the City for this rcview. Signage illustrated is in conformance with City rcquircments. Frcd Patch had added that the overhead doors Llcing thc sitc pcrimctcr should be in a color and quality that would match and compliment the predominant color of the exterior facade. Chair Frie opened the public hearing and hearing no response, thc public hearing was closed. Grady Kinghorn, Kinghorn Company, statcd that trash would be handlcd in encloscd arcas, hidden from public. Smaller units may have to store trash inside the buildings, and larger would be inside the condominium truck parking area, nothing outside of that area. Popilek asked if there was enough room for garbagc pickup and it Planning Commission Minutes - 04/02/02 . was noted that there was sufficient area. A MOTION WAS MADE BY ROD DRAGSTEN TO RECOMMEND APPROVAL OF THE PLANNED UNIT DEVF~LOPMENT AS SUBMITTED, SUBJECT TO FINAL REVIEW CONSISTENT WITH COMMENTS OF CITY STAFF AND AS DETAILED IN THIS REPORT. ROBBIE SMITH SECONDED 1'1 IE MOTION. MOTION CARRIED UNANIMOUSLY. 7. Consideration of a request fix a Conditional Use Permit f()r a Concept Stage Planned Unit Development and allowinl.!: residential uses on the first 110m in the CCD District. ApDlicant: Hans I-{agen I{omes. Fred Patch provided the report regarding the 10 unit townhouse project proposed by lIans Hagen Homes. The Commission previously supported the design concepts, subject to meeting minimum building height requirements for the CCD District, and subject to resolution of issues relating to the Front Street reconstruction project. Patch advised that preliminary plat is for review only at this stage. Hans Hagen provided building elevations. . Patch advised that although some consideration was given to the change from two-story to (me-story buildings, the project was recognized as being consistent with the Downtown and Riverfront Revitalization Plan, and will meet the minimum building height requirement of 15 feet for all buildings in the District in order to maintain an "urban look", adding that staff felt this was a very impressive design. Patch advised the Planning Commission of site-specific concerns such as preliminary plat and encroachments, maintenance of buildings to be managed by homeowners association, shoreline density requirements have been met, and the proposed land survey shows the relocation of Front Street which meets objectives for leaving enough room f(n the riverfront trail. Regarding sidewalk encroachment, Patch stated the five foot wide sidewalk on the south side of Front Street encroaches into Lots 1,2 and 3. The City Enginecr suggests that the sidcwalk should he at least one foot away from thc property line and entirely within the public right of way. . Patch stated that the alley behind and to the north of the townhouse building is a one-way alley and is intended to relieve Front Street traffic, as the m;:~jority of the townhouse development traffic will have to enter the development from the Locust Street side and exit to Walnut Street. This arrangement appears to sLlpport the park area proposcd along Front Strcet. SutTicient parking has been provided as proposed. Curb and gutter will need to be addresscd, as wcll as grading and drainage which Patch advised that the single catch basin shown may not be sutlicient and will need to be addressed by the City Engineer. No landscaping plans have been submitted at this time. Planning ConHnission Minutes - 04/02/02 . Ollie Koropchak, Executive Director/HRA, statcd that the Design Advisory Team had reviewed this project earlier at their meeting and were very pleased with the project. They did make the recommcndation that roofing materials be in textures as shown on the plan which they believe provides quality to the design. Koropchak also advised that the lIRA is anticipating that it will enter into a contract with Hans Ilagen Homcs at their April meeting. Hans Hagen Homes has reprcsented that the entry level price for the homes would be above $200,()()O.OO. Modifications necessary to satisfy engineering concerns should be incorporated into the Preliminary Plat and into the Development Stage CUP request to be considered by thc Commission in Mayor June. This area should be considered a prime redevelopment site, given its location and views, and the City is facilitating the project with a significant financial investment. As a result, any project should be made to demonstrate its full consistency with the objeetives of the Revitalization Plan, including the Plan's interest in promoting active, urban architccture and energy for further redevelopment projects in the area. . Patch also stated that a great deal of attention was paid to this project and it should be a very nice project. He also added that a letter was received from the Dept. of Natural Resources who stated possible concerns regarding the Wild and Scenic Act. stating they have the right for review and approval prior to the City's approval. Patch stated there has been some discussion already and the Planning Commission has made recommendations to the City Council. O'Neill discussed possibly continuing this matter to the May meeting, but Grittman stated that this is concept stage and Planning Commission could act on it. adding that the DNR could review the plan and it would still be addressed at the Development Stage. Grittman' s understanding is that the DNR typically reviews and comments, but does not act. Fric asked Hans Hagen how soon they would be ready to begin and he stated as soon as they get approval by the City they will move t()!"ward. O'Neill stated they will schedule a mecting with the DNR, and that Hagen can move forward with the project. Grittman added that he spoke to Ms. Fowler, DNR, earlier in the day and the issue is mainly in looking at how this project complies with the shoreland rules, and also that she stat cd she felt they did not have enough information at this timc. Grittman stated that it is a matter of providing documentation to the ON R and he feels that will take care of any potential concerns. Chair Frie opencd the public hearing. Koropchak advised that as part of the Private Redevelopment Contract with Hans Hagen which will be at the liRA meeting on April 3rd, and at the City Council meeting on thc 81h, and that part of the approval of the plat, the developer will dedicate a part of the "Carlson property" for parkland. It was also asked if the DNR was aware of this. Koropchak advised that the contract states that construction of the ] 0 homes would commence on July]. . O'Neill asked about the curb design on the north side of the property as it was stated that Planning Commission Minutes - 04/02/02 . typically thc curb is wrapped around to the driveways. Grittman stated that on townhomes it is typically required to have curb along the alleyways and not the driveways, dropping at driveway entrance. Patch added that most likely there will be gutters on both sides. Presently all water is taken to the north side and this should be resolved by the City Engineer. Hagen stated that they anticipated bringing the water across to the south side and did not plan on collecting water, stating all drains are to the west, so the concept was to bring water across quickly to the curb to avoid curb on the north side due to elevation changes by the garages. Hagen stated that they most certainly will be looking at this and will take the recommendation of the City Engineer and follow what is recommend. Patch presented the floor plans provided by Ilans Ilagen. The proposed finished square footage will be just over 1700 sq. ft., not including porches. It was stated that the f10ming on the patios would be a decision of the homeowner and could be concrete, pavers, or patio blocks. Hagen also stated that the covenants and bylaws will be provided to city staff. Chair hie then closed the public hearing. . Richard Carlson asked staff about the trail to the north of front Street and was it proposed along the curb. Patch advised where the trail would run and connect to the park stating it would be set back from the street at least 5 ft. Patch also stated City ordinance prohibits unnecessarily cutting down trees and therefore the trail may curve at spots. Carlson also stated that at one time there was a ferry landing near Locust Street and elevations may be steep at that point. It was noted that plans have not been reviewed in detail in regard to the path, and that they had to stay away from the ravine but can get relatively close to the river. Carlson asked stall if the trail would be lighted and O'Neill stated that would be a Parks Commission decision. Rod Dragsten asked Koropchak if the land on the north side of Front Street is going to be park land and she stated it is to be dedicated in the platting process as parkland and in the Redevelopment Contract, adding the liRA has agreed to have the existing house out by 8/ I /02, and the City wi II at least seed that property dedicated for parkland. She stated this is not a private project. Chair Frie asked Hagen ifhe was familiar with the conditions listed in the staff report, adding that item 5 of the conditions would be included adding curb and gutter. A MOTION WAS MADE BY ROBBIE SMITH TO RECOMMEND TO TilE CITY COUNCIL THAT A CONDITIONAL USE PERMIT BE ALLOWED FOR A CONCEPT STAGE PLANNED UNIT DEVELOPMENT ALLOWING RESIDENTIAL USES ON THE FIRST FLOOR IN THE CENTRAL COMMUNITY DISTRICT, SUBJECT TO TIlE CONDITIONS LIS'fED IN EXIIIBIT Z, WITH THE ADDITION OF CONDITION NO.8 STATING SUBJECT TO REVIEW AND COMMENT BY MINNESOTA DEPARTMENT OF NATURAL RESOURCES. RICHARD CARLSON . . . . Planning Commission Minutes - 04/02/02 SECONDI.:!) THE MOTION. MOTION CARRIED UNANIMOUSLY. 8. Consideration or a request for a variance to lot width in order to allow f(.Jr a simple subdi vision creating two lots from one parcel. Appl icant: Church of St. Henry John Glomski addrcssed the Planning Commission advising that changes had been made to the statT report since the time the initial report was provided to them. He addressed those changes in his presentation. 'fhe church of St. Henry requested a variance to the minimum 80' lot width in order to allow an existing parcel to be subdivided into two 66' wide lots fronting 4th Street. The existing parcel, located west of the church parking lot on thc corner of Minnesota and 4th Street, consists of Lots 4,5,6, and 7 of Block 22. The parcel is 37,308 sq. ft, with a frontage of 132' and an existing single family home on the east corner. Staff speculates that these f()Ur lots were administrativcly combined into one legal parcel unbeknownst to the church or prior to the church's purchase for ease of county record kecping. The church would like to simply split the lot in half along the same lot line used in the original plat. Glomski advised of the City Zoning Ordinance's set of criteria from which variancc applications arc to be evaluatcd. In consideration of the request for a variancc to lot width, Glomski advised the reasoning by staff forjustification of the variance request. I-Ie also statcd that staff fccls it pertinent to inform the planning commission, the church, and the parcels future buyer of the rights of a substandard lot and issues that will need to be addressed if this variance and subdivision arc approved. One issue is that this simple subdivision will create two substandard lots of record which need to abidc by the provision of the City code. Another issue is that the survey of the existing parcel revealed that the existing huilding on the east corncr of the parcel does not meet the sideyard setback requirement of20 feet for a structure on a corner lot, theret()I"e it is an existing nonconforming structure. Also, the existing garage encroaches approximately 3' into the public right-of-way. In ordcr to pass clear title, the garage will have to he cither removed, moved to meet code, or a license must be ohtaincd from City Council which would allow the structure to be locatcd on City ROW. Chair Frie opcned the public hearing. The resident at 315 Minnesota Street asked if jt was necessary to have this parcel divided, questioning why they could not Icave it as it is and scll it. She also stated there are a lot of peoplc driving by looking at the house which she believed to be interested buyers. Tom Sicora, Trustee for St. Henry's, stated that was not the case, but that there was interest only if the parcel were to be divided. He also advised that the problem is they Planning Commission Minutes - 04/02/02 . have not been able to dispose of the property and the value is not there as it sits currently. lie stated if the property were split it would be of more value to them and that they do havc an interested buyer if the split occurs. Chair Frie questioned Sicora if St. Henry's is now taking the approach to split up the propcrty and it was stated that it is their intent. A resident at 607 W. 4th St. questioned why the parcel did not meet minimum size requirements and staff advised. Ilerbst asked if St. Henry's looked at the possibility of splitting the lot the other way and rClnoving the garage, but Sicora stated utilities are located there and this would not work. He stated they have a buyer and a great amount of interest in the lot if split, no interest if not split. Morris Greninger, Coldwell Banker Realty, asked stafl about the R-2 zoning and stated he would have interest in building a duplex on that parcel. Staff stated that although the R-2 district allows tor two family dwelling units, since these lots will be substandard, they are allowed to be used for single-family detached structures only. Chair Frie elosed the public hearing. Roy Popilek questioned if there was anything that could be done with the existing garage other than removing it and O'Neill stated staff was uncomtortable with asking the applicant to do this as there are existing garages in the older part of town that were previously built in the ROW, and staff did not feel they wanted to make people remove them when selling. . A MOTION WAS MADE BY ROD DRAGSTEN TO APPROVE TilE VARIANCE IN LOT WIDTH AND SIMPLE SUBDIVISION, BASED ON THE FINDINGS NOTED IN TillS REPORT', SUBJECT TO THE CONDITION THAT A LICENSE IS OBTAINED FROM CITY COUNCIL ALLOWING THE GARAGE TO BE EITHER LOCATED ON CITY RIGlrr-Of-WA Y OR. . . .. ROY POPILEK SECONDED TilE MOTION. MOTION CARRIED UNANIMOUSLY. Richard Carlson asked about the possibility of a potential buyer making improvements to the existing garage versus removing it and staff stated that it is currently non-conforming and therefore it would not be allowed. Consideration of calling for a special meeting to interview applicants to fill vacant planninQ commission position. . Jeff O'Neill advised that a notice has been placed in the paper and staff's idea is to have an interview session prior to the end of Popilek's term. Chair Frie's suggestion is to follow the procedure of mceting with applicants prior to a City Council meeting. Thcrc was discussion as to how the Council would like the Planning Commission to f()rward their choices to them and Herbst statcd he would prefer to have them rated by the Planning Commission from first choice to last, and provide thcir applications to the Council. Frie added that if a person has not been designated to fill the position by the Planning COIlHnission Minutes - 04/02/02 . first mceting in June, Popilek has offered to stay on in the interim. Thcre was discussion regarding whethcr to meet prior to a Council mecting or to meet prior to the May Planning Commission meeting. Robbie Smith stated he preferred to keep the meeting on thc scheduled Tuesday and meet earlier. A MOTION WAS MADE BY ROBBIE SMITH TO CONDUCT INTERVIEWS FOR THE PLANNING COMMISSION POSITION PRIOR TO '1'1 IE MAY 7, 2002 REGULAR MEETING, STARTING AT 5:30 PM. TIME SUBJL~CT TO CHANGI': BASED ON THE NUMBER Of APPLICANTS TO BE INTER VIEWED. DICK FRIE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Update regardinl! MOAA Board Status O'Neill stated that based on court action, the City was in agreement that the MOAA Board docs not exist. 1 Ie stated that they arc also operating under a policy by the City Council regarding annexation, and that they arc showing good faith to the township and county residcnts. O'Neill clarified that they arc following annexation by ordinance and that this mattcr sti II needs to be resolved. . Also noted that thc Gold Nugget property is still being rcviewed, may have to wait for a court order. O'Neill advised that City Administrator Wolfsteller has askcd him to put togethcr the pros and cons of the MOAA Board annexation agreement. This item may be discussed at the ncxt council meeting as well. Herbst statcd what is actually happing is a new law passed on 3/1 5/02 states that any cities that havc agreements with townships cannot annex by ordinance. He also said that nothing can happen until the judge makes a ruling. I lerbst states his concern is that it is not worth carrying out the agreement and does not want negative impact on the City. lIe also stated this affects the building season as well and this could be prolonged up to 8 months. frie asked if the mattcr is already in District Court and also, if the City and Township represcntation moved on the matter prior to legal action it would be beneficial in regard to cost. O'Neill advised that by providing a proposed comp plan at the open house on April 17 and inviting the township and county residents fiJr thcir input, it is stafT's hope that there could be an agreement between them and then go forward with annexation process. Roy Popilck was excused from the meeting at 9 PM. There was further discussion on the proposed comp plan and Frie asked Grittman about the status of Chelsea Road and he stated this was taken out of the comp plan at this time, but it is still an idea and worth discussing with the Engineer. . . Planning Commission Minutes - 04/02/02 O'Neill also advised that at the next City Council meeting Al Ciagnon will he presenting a plan I'Jr an ice arena, advising several locations they arc contemplating. He stated there is strong support fi'om individual City Councillnembers as well. He did state it has not been determined what the City will otfer, stating they are not asking for city tax support. Adiourn A MOTION WAS MADE BY ROBBIE SMITH TO AD./OURN THE MEETING AT 9:05 PM. ROD DRAGSTEN SECONDED THE MOTION. MOTION CARRIED LJNANIMOLJSL Y. ~sec etary . .