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HomeMy WebLinkAboutSeptember 22, 2008 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 REGULAR PLANNING COMMISSION AGENDA MONDAY, SEPTEMBER 22,2008 City Council Chambers 6:00 p.m. 1. Call Meeting to Order: 2. Roll Call: 3. Approval of Minutes: 4. Consent Agenda: 5. Public Hearings: <> A. EP08-134 & 135 Justin Rubenzer is requesting a conditional use permit and a request for a variance from the 60 foot side yard setback to allow a car wash in the C-4 (General Business) Zoning District. This property is located at 4520 Tower Street. B. EP08-136 Lyaman and Dorothy McPherson are a variance from the 25 foot front yard setback to allow for a garage addition in the R-l (Residential) Zoning District. This property is located at 16282 West Avenue. 6. Old Business: 7. New Business: A. EP08-138 Cardinal Development submitted concept plan for North Summit Preserve. 8. Announcements and Correspondence: 9. Adjournment: LI08 FILESI08 PLANNING COMMISSIONl08 PC AGENDAS\A~;~ofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 PLANNING COMMISSION MINUTES MONDAY, SEPTEMBER 22,2008 1. Call to Order: Chairman Lemke called the September 22, 2008, Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Billington, Fleming, Lemke, Perez and Ringstad, Community DevelopmentlNatural Resource Director Danette Walthers, Assistant City Engineer Larry Poppler and Recording Secretary Connie Carlson. 2. Roll Call: Billington Fleming Lemke Perez Ringstad Present Present Present Present Present 3. Approval of Minutes: The Minutes from the September 8, 2008, Planning Commission meeting were approved as presented. 4. Consent: None 5. Public Hearings: Commissioner Lemke read the Public Hearing Statement and opened the meeting. A. EP08-134 & 135 (Continued) Justin Rubenzer is requesting a conditional use permit and a request for a variance from the 60 foot side yard setback to allow a car wash in the C-4 (General Business) Zoning District. This property is located at 4520 Tower Street. Community Development and Natural Resource Director Danette Walthers presented the staffreport dated September 22,2008, on file in the office of the Community Development and Natural Resource department. Conditional Use Permit Report: Justin Rubenzer has applied for a Conditional Use Permit for a Car Wash located at 4520 Tower Street. The property is located south of State Highway 13, east of County Road 23 (Panama Avenue), and west of Toronto Street. The property is zoned C-4 (General Business) and is guided C-CC (Community Retail Shopping on the 2030 Comprehensive Plan Map. A car wash is permitted with a L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN092208.doc 1 Planning Commission Meeting September 22, 2008 conditional use permit in the C-4 district. The applicant is also applying for a variance from the side yard setback requirement. The subject of the variance is covered in a separate report. Walthers presented several photos explaining the zoning of the site and surrounding area. A public hearing was held at the September 8, 2008 Planning Commission meeting for this item. At the meeting various residents stressed concerns with the location ofthe storm water pond, tree removal, noise from the site, and setback distances. After discussion of the site the Planning Commission continued the public hearing to a future meeting and directed the applicant to complete further revisions which may change the position ofthe storm water pond, consider more screening with trees at the south side of the paved area, and arrange a neighborhood meeting, which was held September 20th with 6 to 8 people. Staffwas informed by another neighbor that an additional meeting was held by just the neighbors with approximately 20 in attendance. Walthers went on to address noise, odor, property boundaries and setback concerns brought up by a neighbor who came in to talk to staff. Walthers mentioned working with Kwik Trip car wash and the Minnesota Pollution Control Agency. MPCA feels with the new technology for car washes noise would not be an issue. Overall, this car wash proposal does not exceed any of the regulations. Fleming asked if staff had the structure to structure dimension. Walthers responded it was a 150 additional feet from the dryers; from the structure another additional 60 feet, plus 120 feet from the dryers to the property boundary. Approximately 300 feet from the structures. Overall, staff believes the car wash is consistent with the intent ofthe C-4 use district provided conditions of approval are met. Based upon the findings set forth in the staff report, staff recommended approval of the Conditional Use Permit with the following conditions: 1. The applicant shall record the Conditional Use Permit at Scott County no later than 60 days after Planning Commission approval. 2. A sign perinit application must be submitted to the City prior to the installation or alteration of any signage on the site. 3. Prior to building permit issuance the applicant shall address all staff comments as outlined in the September 17th Engineering and CDNR memos; and August 27,2008 building memorandums. Variance Report: Walthers reviewed the Variance report contents from the last meeting. The applicant has eliminated one of the bays reducing his request to 36 feet from the side property line. This property abuts the school district office parking lot. Despite the current commercial use and nature ofthe office, the property remained an Rl zoning district. Therefore the L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN092208.doc 2 Planning Commission Meeting' September 22, 2008 applicant is required to maintain the setback from the lot. The standard commercial setback for commercial property is 20 feet; the applicant will be 36 feet. However because ofthe Rl designation the applicant is required to have the 60 feet unless the hardship requirements are met. Walthers also noted the school property could not have single family homes as it is zoned R4 - High Density. Additional trees have been added to the plan as requested by the Planning Commissioners. Walthers stated some trees will be removed on the applicant's property stressing there no significant trees on this property. The applicant will have to meet city's landscape and buffering requirements. The strict application of the 60 foot side yard setback creates a hardship for the property owner. This adjacent property was the former location the Ponds Edge School, however, this school was removed in 2006 and the school district offices now house the building. The applicant has proposed to exceed the standard 20 foot side yard setback required in the C-4 Zoning District. Based upon the findings in this report, staff recommends approval of the requested side yard variance with the following conditions: 1) This resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Community Development & Natural Resources Department prior to the issuance of a building permit. 2) The building permit is subject to all other applicable city, county, and state agency regulations. Larry Poppler addressed the stonnwater ponding. Poppler pointed out the revised wetland boundary. There are a few concerns for the utility pipes where the pond could be shifted east or west. In general, the pond looks to be the appropriate size for the development. Lemke questioned the tree removal. Walthers responded it should not be a problem as the applicant will meet the requirements. The area is pretty dense. There may be additional requirements but that is our standard for any building permit requirement. Questions from the Commissioners: Perez asked Rubenzer how the neighborhood meeting went. Rubenzer felt the meeting went well and tried to address the neighbors' concerns. He reduced the wash bays and dryer. He told them he wanted to work with them and run a business at the same time. Overall, it went well. U Perez asked the applicant ifhe selected a dryer. Rubenzer said it will be an inside dryer and has set it back in the bay and the door will stay down a long as possible. The dryers should turn off as the car comes out of the bay. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN092208,doc 3 Planning Commission Meeting September 22, 2008 Fleming asked if the applicant had an idea of how many vehicles would go through in an hour or day. Rubenzer said they just did a national average based on the number of components - summer is slower than winter, etc. Billington asked Rubenzer if anything was mentioned by the neighbors that he found unreasonable. Rubenzer said the neighbors wanted a fence on the back side of the property. He told them in a year or two; it's not in his budget ifhe has to put in more trees. Perez asked if the applicant owns the lot to the south. Rubenzer responded he did. Fleming asked how many commercial developments have come before the Planning Commission in the last 9 to 10 years on this property. Walthers said "3 applications". Comments from the Public: Michelle Will, 4544 Pondview Trail, thanked Commissioner Ringstad for advising the applicant to hold a neighborhood meeting. Now that the (September 8th) Minutes have been approved, she wanted to make sure it stated "the bay doors would be closed during the entire blower cycle". She found out in the event another car would pull up to the automatic bay wash, the back door will automatically open. Will questioned ifthe information was in the Minutes. Commissioner Fleming read a paragraph confirming it was in the Minutes. She would like to have the door closed the entire time during the drying time. Will said Rubenzer did do a market analysis that did not support this location. Will asked if the Commissioners looked into his market research. Commissioner Perez said it is not required. Commissioner Billington said the market research is irrelevant to the purpose. Will said she could not get an answer from the planning staff on what a "hardship" definition would be. From her interpretation of the Rl zoning code she felt the Rl status does not need to change as long as the building is not there. She said her information from the planning staff is that if the adjoining property would sell it would be necessary for the property to change to a commercial zone. Will read the Rl zoning code permitted uses and stated she did not see the necessity ofthe property ever needing to be changed. Will felt Rubenzer knew when he bought the property that this property is next to an Rl property and it should not be changed. She would like the 60 foot setback requirement upheld. Fleming asked staffto address the issue with schools in the Rl zones even though part of a school operation is in fact "commercial". Walthers explained the school office is looked as a "service" of the school district. "Any other office to come on that site would have to rezone to commercial." Linda Pelzl, 4486 Pondview Trail, said she appreciated the neighborhood meeting. She stated they did want the business to succeed but felt it was not in a prime location. If the L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN092208.doc 4 Planning Commission Meeting September 22, 2008 business would fail it would be an empty building and would appreciate if the Commissioners consider that element. She stated there were too many car washes in the area. In this economy today she did not know if would be a success. Pelzl also would like to see additional trees on the site by the retention pond and asked if other options were considered. Poppler responded there are always other techniques. Walthers pointed out other means would certainly impact the trees. It might be more acceptable for a pond-looking feature versus the other. Poppler confirmed there would definitely be additional tree removal with other ponding options. Pelzl asked why the runoff could not go into the storm sewer. Poppler explained the current storm system in the area was not built to accommodate the site. Pelzl asked if the post office had a ponding system. Poppler said it is on the east side ofthe property. Pelzl felt there were no other businesses near the area to help generate (car wash) business. Her main concern was is the car wash could go under. v Pelzl read a letter from Phyllis J. Broz, 4478 Pondview Trail, opposing the application because of noise, runoff, tree removal, poor location for the business and reduction of her property values. Broz writes she does understand Mr. Rubenzer has a right to build and operate a business on his property. Dale Pelzl, said his biggest concern for the inability of the area to support this business. Pelzl felt there was not enough traffic and did not want a car wash to go in this area. All of the other car washes are off main roads. It is a beautiful car wash and an asset to the community but he would hate to see it fail. Fleming stated he appreciated all the work and research the neighbors went to. Fleming is a Prior Lake resident who drives to Savage every Sunday to get his car washed. The service is great. Residents should be careful establishing preconceived notions of the success or failure ofthe business. There clearly has to be a compelling reason for Mr. Rubenzer to want this to succeed. Justin Rubenzer said one ofthe main reasons he would like to put this car wash in is because the Holiday car wash is swamped any day in the winter. People will now have an option to get a cheaper, better wash. He felt the sport fields from the Ponds generate a lot of traffic. Rubenzer said he is a local guy who grew up in Prior Lake and wants to get established and will build a business. He would incorporate an unlimited monthly wash program. He put a lot of thought into this and wants to do everything in his power to make it work. Ifit doesn't work he's out ofluck and will do everything to make it work. He would like to work with the school athletic programs to do fund raisers. Rubenzer realizes it's not a great location but felt it was difficult to get a good location in Prior Lake anymore. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN092208.doc 5 Planning Commission Meeting September 22, 2008 Fleming asked about closing the doors during the dry cycle. Is it possible to keep the doors closed during the entire drying cycle? Rubenzer responded he did not know if it was legal but it is possible. "However, from a business standpoint, if people are lining up the front door will have to open. It will be closed as much as possible." Perez asked the applicant ifhe could move a dryer up and still have another car come in and close the door. Rubenzer explained the wash procedure. Paul Starke with Reliable Plus Car Wash Services, 9311 Penn Avenue South, Bloomington, stated they are the service installers for Kwik Trip. Starke explained the wash procedures and what the applicant has been looking at. To cut down the noise as the neighbors requested the applicant eliminated one dryer and put in a conveyorized system in and moved the dryer back. Starke said he understood what Commissioner Perez was asking in regard to the moving dryer. As the car is ending its drying time the door will open so the car can go out. You would get some of the dryer noise coming from the back. Perez questioned the overlap time. Starke said it depends on how fast the customer makes the transaction to pay. The actual dryer time is 45 to 90 seconds depending on the speed of the vehicle. Average would be around 45 seconds. Lemke asked Starke ifhe would be able to estimate what the decibel would be at 300 feet. Starke said the sound dissipates into ambient traffic noise around the 65 decibel in less than 100 feet. "It is really the pitch of the hum from the dryers. Mr. Rubenzer has chosen dryers with a plastic housing that are new. Is that the answer to it all? No, you are still going to hear noise but a lot less than a metal type turbine that would be around the casing. Plastic absorbs the sound better where there would be less of the tinny noise. As far as the decibe11eve1, over 100 feet away, it wouldn't be any higher than ambient traffic noise." Philip Stanchfield, 17010 Toronto Avenue, was unable to make the last meeting and said one of his concerns was not knowing the size ofthe trees in order to dissipate some of the sound. His home sits higher than the proposed car wash and believes the trees would have to be significant to dissipate noise. His other concern was light pollution and questioned if the lights going to be on 24 hours a day. He heard quite a bit of noise with the applicant was clearing the property. He also questions the traffic in the area. Lemke and Walthers explained the city requirements and spill plan from the lights. The lighting will not extend the property boundary and will be far less with the distance from their homes. Staunchfield said the wind blows in two different ways across his property - does the decibel reading take wind into account? Walthers said they take the reading in an active area of the site as well as the opposite site. The air temperature, speed, air direction are all taken into account to determine air decibels. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN092208.doc 6 Planning Commission Meeting September 22, 2008 Billington confirmed hours of operation are 6 am to 10 pm seven days a week. Walthers stated the city has specific requirements for trees, in relation to size, type of tree and width of the buffer. There will be some adjustment to the area. The city will pull the pond back as far as they can and still make the size requirements. She felt confident the applicant will make the requirement without adding trees, but won't know for sure until she sees the final plan. Walthers also said the Commissioners can add conditions to the Resolution. Susan Crowder, 4497 Pondview Trail, thanked the Commissioners for taking time away from their families for the meeting. Crowder wanted to point out under the C4 zoning ordinance, under Section 12 - Sales and Service states "drive-through facilities shall not be adjacent to any R (Residential) use district" and asked ifthis qualified under that regulation. Walthers responded this application does not fall under that code. That is for a bank, restaurant, etc. Crowder felt it did fall into the category of a McDonalds or Dairy Queen. Walthers explained those businesses included many other components. Crowder said she is having a hard time seeing this (application) falling under" protecting the character ofthe neighborhood." She felt it would "change property values; add traffic, security and crime issues. The neighbors are not sure about the water situation or trees. It is completely changing the character of the neighborhood and community." Lemke noted at a previous car wash Conditional Use Permit, "The chief of police, Bill O'Rourke stated in his experience car washes and convenience stores did not increase crime in neighborhoods, so we're sort of going off ofthat, but we certainly appreciate your concern." Crowder thought the fence was going to be put in immediately not a year or two down the road. She wanted to get a firm date and commitment for installation. She also felt the city's hours of operation for car washes is 7 am to 10 pm and should be considered and enforced. Commissioners Lemke and Fleming pointed out all the other Prior Lake car wash hours of operations are 24 hours or 6 am to 10 pm. Lemke asked if we had any complaints on the car washes. Walthers responded with the hours of operation and noise regulations. Construction and heavy machinery operation is 7 am to 10 pm. Fleming explained he was on the City Council when another car wash went in. Living in the area and he had the same concerns and reservations. The City Council record will show that Fleming was very ardent about the hours of operation and made that a form of stipulation. Fleming stated "In the last three years, that particular operation of business has been nothing but fabulous for the community. That has been my experience and I hope the same would hold true as well." L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN092208.doc 7 Planning Commission Meeting September 11, 1008 Steve Potter, 4498 Pondview Trail, Lot 10, said after the property was cleared last week he can see straight through to the post office. Potter stated he was an engineer and was concerned for the pond over city sewer pipes. He cannot build anything on one side of his yard because an easement goes through. Concerned if there would be a sewer problem and have to dig up the pond. He believes this (car wash) can work and everyone can get along. Another concern is for future development getting closer and closer to the homes. Fleming asked Poppler to address the sewer lines. Poppler pointed out the sewer lines and said it was the city's concern as well. He explained the pipes can be moved 20 to 30 feet to the west. Trees would be lost moving in either direction. Perez asked if moving the sewer line to the north would be viable. Poppler said they could. Walthers said there are established trees with better coverage where the neighbors would probably rather see that area stay as is. The city would do whatever the can to make it work. Michelle Will, 4544 Pondview Trail, wanted to talk about the ordinance drive-through in the zoning section and felt the car wash would be drive-through and asked the Commissioners to comment. Lemke replied staff said it does not apply and they (Commissioners) will take staff's word. Will went on to say that due to the trash and noise there is a chance the business might fail and depreciate their home values. She asked the Commissioners put the following conditions on the permit: Add a double row of trees; add a fence; decrease hours of operation and reduce to one bay so there would be no future expansion; by reducing the bay, there is no need a variance. Perez responded the applicant is only going to have one bay and a second automatic. Will said it was not necessary to open the car wash as there would not be enough "to warrant" the business and would like to be protection from future expansion. Fleming confirmed Will wanted a condition to prohibit the applicant from expanding his business in the future. Will said she wants the Commissioners to uphold the variance that currently exists on the Rl property so there is no second wash bay. She stated it did not need to be that large of a building. She thanked the planning department for explaining the appeal process. Lemke stated the applicant was now looking at a 36 foot variance. There were no other comments and the meeting as closed at 7:16 p.m. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN092208.doc 8 Planning Commission Meeting September 22, 2008 Comments from the Commissioners: Perez: · I know there were comments on market research and liability, but this is not what we are talking about here. I do appreciate the comments. As a resident of Prior Lake I am also concerned for success. · There were comments about traffic - "There's not enough traffic but then there is too much traffic". It can't be both. · Other comments were about the school office - staff addressed that issue. · I like the screening idea on the south end. · As far as the fencing - if it's needed it should be done now. In my mind I'm not sure ifthat is needed at this time. It will be Mr. Rubenzer's issue and ifit's a problem it will be an ordinance problem it will be dealt through the proper channels ofthe City. · Hours of operation - the neighbors want limited hours but we want the business to succeed. Eliminating the hours will not help the business to succeed. · Other car washes are in residential areas. Fleming: · Appreciate the thoughts and concerns from the neighbors. However, I am not in favor of levying conditions that would render a business inoperable or not give it the best chance to succeed. That's what I heard from all the residents - they want it to succeed. · I know it's a different tale when it's in your back yard. · Could not in good faith limit the hours of operation from 7 am to 10 pm. I do not think that is reasonable. · Fencing - after all the other efforts have been made to mitigate photometries, sound, odor, only if that is something Mr. Rubenzer feels it is a viable option. I do not feel it is reasonable that the Commissioners to put a condition to say "You have to put a fence in and have to do it now." · Trees - I know the movement ofthe holding ponding should be designed to keep as many trees in that area. · Regarding the Variance - If the building is being operated as a school one could make an argument the car wash would be an incompatible use but that is not the case here. The 36 foot variance is reasonable. Billington: · Agreed with fellow Commissioners' comments. With all due respect to the neighbors, with regard to the market analysis and the numbers - that is up to the owner's prudent planning process. It is his capital at risk not ours. We should be aware of that as we proceed. · Given the zoning, this is a proper use on this site. The noise and odor are controlled by State Statute. · This is probably a less obtrusive situation on the site than it could be. You could wind up with a restaurant, a liquor store or any number of businesses could be on L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN092208.doc 9 Planning Commission Meeting September 22, 2008 the site. This is a state-of-the-art wash business. It is a less noisy operation. You could do worse. . We have an entrepreneur who is willing to risk his capital and create some employment and is worthy of our consideration as a community. I know some of the neighbors are not going to be totally happy with it but as the saying goes, "You're not going to make everyone happy". It is impossible. . The owner appears to be amenable to changes that are positive to the neighbor's concerns. . Earlier at the neighborhood meeting someone said they were impressed with the applicant's willingness to make positive changes and set up screening short of the fence right-of-way. . I can see the fencing can be an alternative as time goes on. I'm sure he wants to see ifhe can generate some profit and do these things as time goes on. You can't expect the applicant to do everything immediately, given the nature of business with the economy the way it is. Businesses are struggling. . I would direct staff to work with applicant in terms of screening. Staff watches the requirements as we go through the building permit process. . Support staff recommendations. Ringstad: . Half of us were around three years ago with the Kwik Trip (convenience store and car wash) up in the Wilds. This is a similar. We had residents threatening to sell their homes if we allowed Kwik Trip to build. Those residents lived 4 or 5 blocks away. . As Commissioner Fleming stated the Kwik Trip has been an extremely good neighbor in the Wilds community. A lot of those residents who were against it are now supporting it. . The market analysis - It's been brought up a couple of times. That really is not our role here tonight. Ifwe go back 3 or 4 years ago when every market analysis ever hired and engineered would have said lots in Prior Lake are a "no brainer" to build in Prior Lake. Now we have hundreds of lots just sitting here. Marketing analysis while they can be good business practice, relying on them 1 00% is not always correct either. . I happen to live in the neighborhood towards Mushtown Road and am familiar with the traffic patterns. There might be 500 cars a day April through June and then again in September and October. Other than that there isn't anywhere close to that level of activity. Just an FYI. . Regarding the variance - Most people who talked tonight want to see the business succeed. If the applicant does not succeed the second owner may benefit from a reduced price on a car wash. . A variance may be crucial for the long term success of this business. If an additional bay is ultimately required for the success of this we can't have it both ways here. Either it succeeds or we don't want the variance. . Would like to see additional trees. I don't feel a fence and trees both required. To have both is a wish list. Either/or would be adequate for what we are trying to accomplish. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN092208.doc 10 Planning Commission Meeting September 22, 2008 . If people feel the process worked or not - we met a few weeks ago and since then had a neighborhood meeting. The applicant has changed things since the neighborhood meeting. The process did work. . This appears to be on tract for approval when we vote in a few minutes. I believe the process did work and hope everyone feels that way. Lemke: . Regarding the variance - There are nine criteria that have to be met and analyzed to grant a variance. Lemke read a statement from staff's report. It is my belief all nine hardship findings have been met by staff's analysis. . A couple of years back, I spent a large part of 6 months on the tree preservation committee. We spent a lot of time talking about trees and made a lot of improvement in the Prior Lake Ordinance. The hard cold facts are that these are not significant trees. . Under the commercial ordinance we have, depending if this was a used car lot, 80 to 90% of the trees could be taken down. What is planned here is minimal to what could be. I realize they are significant to the neighbors and I'm not trying to say they are not. Under our ordinance and the DNR's, and all other regulations we go through maples, oaks and a long list of others are considered significant. . Please don't interpret this wrong, I visited the site today - the trees are beautiful and most ofthem can probably stay there. I am not going to beat a dead horse; my fellow Commissioners stated some of my feelings. . I don't think traffic is going to be an issue. Ifit does increase it will be on Toronto Avenue. . I know security is a concern, but I don't think this car wash is going to be a major source of problems for your family. . Thanked the neighbors for coming out and stating their concerns. I appreciate your comments and for the gentleman who felt he had to leave... if anyone knows him... What I was saying was "this is not a court oflaw." There is an interpretation of our ordinance. I have to decide whether somebody who has years of experience with the ordinances and what they mean and balance that with what someone who has two pages of the ordinance and is reading one line out of it and making a interpretation. I do not see how I cannot back up staff and their interpretation. However, that is what the appeal process is for. . I am going to support the Variance and Conditional Use Permit. . I think the additional evergreen-type trees would be appropriate. . I don't think it is reasonable to impose a fence. . As someone has already stated "It will be an asset to the Community." I, and hopefully the neighbors will see it that way as well. MOTION BY BILLINGTON, SECOND BY RINGSTAD, APPROVING RESOLUTION 08-12PC GRANTING A CONDITONAL USE PERMIT TO ALLOW A CAR WASH IN THE C-4 ZONING DISTRICT, SUBJECT TO THE LISTED CONDITIONS WITH THE CAVEAT STAFF WORKS WITH THE APPLICANT WITH THE SCREENING REQUIREMENTS, PERHAPS FENCING IF PRUDENT. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN092208.doc 11 Planning Commission Meeting September 22, 2008 Vote taken indicated ayes by all. MOTION CARRIED. Walthers explained the rationale for the drive-through motor vehicles definition. Basically, this definition has been determined by the City Attorney through experiences with the Kwik Trip car wash. MOTION BY FLEMING, SECOND BY RINGSTAD, APPROVING RESOLUTION 08-10PC GRANTING A 23 FOOT VARIANCE FROM THE REQUIRED 60 FOOT MINIMUM SETBACK ABUTTING AN "R" USE DISTRICT, SUBJECT TO THE LISTED CONDITIONS. Vote taken indicated ayes by all. Lemke explained the Appeal process. B. EP08-136 Lyaman and Dorothy McPherson are a variance from the 25 foot front yard setback to allow for a garage addition in the R-l (Residential) Zoning District. This property is located at 16282 West Avenue. Community Development and Natural Resource Director Danette Walthers presented the staff report dated September 22, 2008, on file in the office ofthe Community Development and Natural Resource department. Lyaman and Dorothy McPherson are requesting a variance to construct a garage addition at 16282 West Avenue. In order to do so, the following variance is required: 1. A 9.38 foot variance from the required 25 foot front yard setback in the R- 1 Use District (Section 1102.405) Walthers presented photos of the site. The 18,864 square foot lot is located on the southwest comer of Colorado Street and West Avenue. The property is zoned R-l (Low Density Residential District). A single family home with a one-car garage and shed currently occupies the site. The applicant proposes to construct a 676 square foot garage on the west side ofthe existing house. The site is within the Shoreland Overlay area and thus is not allowed to surpass 30% impervious coverage of the site. With the addition, the proposed square foot will still have a remaining 2,655 square feet of coverage allowed below the 30% impervious limitation. The applicant considered alternative locations on the site to construct the garage; however, due to existing vegetation, retaining walls, and trees, the applicant is requesting the variance to allow for the future construction of the proposed garage. Taking into consideration that Prior Lake is a recreational community; the City has found it reasonable in the past for property owners to have a minimum of a two car garage. The current attached garage does not qualify as a two car garage. The exterior of L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN092208.doc 12 Planning Commission Meeting September 22, 2008 the structure will be of similar material and architecture to the exiting primary structure on the site. As is allowed, comer lots may have two driveways; provided they meet spacing requirements allowing for sightline visibility (30 feet from the intersection of Colorado and West Avenue) and they do not exceed a combined width of 24 feet at the right-of- way/property line, in conformance with Section 1107.205 of the Zoning Ordinance. Prior to building permit issuance, the survey must be revised to show the reconfiguration of the driveway off Colorado Street to not allow for a combined width exceeding 24 feet (with that of the driveway off of West Avenue). In addition, the existing gravel driveway located off of Colorado Street will need to be reconfigured to allow for a straight in access and bituminous surfacing. The applicant is proposing to construct an attached 676 square foot garage. In order to construct the new garage, a 9.38 foot variance is needed from the front yard setback. Staff believes the strict application ofthe 25 front yard setback creates an undue hardship for the property owner. Based on this analysis and the findings, staff recommended approval ofthe 9.38 foot front yard variance with the following conditions: 1. The resolution must be recorded at Scott County within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Community Development and Natural Resource Department prior to the issuance of a building permit. 2. The driveway and curb cut extending to Colorado Street shall be reconfigured to allow for a straight in access point and not to exceed a width of 24 feet when combined with width of the driveway extending off of West Avenue (at right-of- way line). 3. The driveway shall be surfaced with bituminous, concrete, or other hard surface material. 4. Prior to building permit issuance, elevations of the proposed garage shall be approved by the Community Development and Natural Resources Department to assure that similar materials and architecture to that of the primary structure are being utilized. Questions from the Commissioners: Lemke - is there a right-of-way between the property and street? Walthers pointed out the difference in the property line and curb. Lemke questioned parking. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN092208.doc 13 Planning Commission Meeting September 22, 2008 Comments from the Public: Applicant Lyaman McPherson, 16282 West Avenue, explained the existing parking and driveway. Another factor with putting the garage on the proposed site is the sewer line runs along the other side of the property. There would be no access to the sewer line if repairs had to be made. Billington asked staff how many neighboring properties were notified. Walthers said approximately 48. One neighbor came in to inquire about the process. The public hearing was closed at 7:50 p.m. Comments from the Commissioners: Fleming: . The request is reasonable. The nine variance hardships were met. . Support. Perez: . Believe staffs hardship findings are appropriate. . Support. Billington and Ringstad: . Agreed with staffs recommendations to approve. Lemke: . Agreed with staffs analysis and feel all hardships are met. MOTION BY FLEMING, SECOND BY BILLINGTON, ADOPTING RESOLUTION 08-14PC APPROVING A VARIANCE FROM THE MINIMUM FRONT YARD SETBACK FOR THE CONSTRUCTION OF A GARAGE IN THE R-1 ZONING DISTRICT. Vote taken indicated ayes by all. MOTION CARRIED. 6. Old Business: None 7. New Business: A. EP08-138 Cardinal Development submitted concept plan for North Summit Preserve. The applicant contacted staff and asked if the presentation could be tabled to the October 13 th meeting. The Commissioners agreed. L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN092208.doc 14 Planning Commission Meeting September 22, 2008 8. Announcements and Correspondence: Staff is working on the zoning update and wi11likely bring to the Commissioners in November. FYI - Planning Commissioners - Please keep Item 7 A from your packets (North Summit Preserve) and bring to the October 13th meeting. 9. Adjournment: The meeting adjourned at 7:53 p.m. Connie Carlson Recording Secretary L:\08 FILES\08 PLANNING COMMISSION\08 PC MINUTES\MN092208.doc 15 PUBLIC HEARING Conducted by t. he p~g Commission lt~ rlt4ct. ," L2~O@ \ The Planning Commission welcomes your comments in this matter. In fairness to all who choose to speak, we ask that, after speaking once you allow everyone to speak before you address the Commission again and limit your comments to new information. Please be aware this is the principal opportunity to provide input on this matter. Once the public hearing is closed, further testimony or comment will not be possible except under rare occasions. The City Council will not hear additional testimony when it considers this matter. Thank you. ATTENDANCE - PLEASE PRINT HN L:\DEPTWORK\BLANKFRM\PHSIGNUP.doc