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HomeMy WebLinkAbout1995-09-11 CPC MINl J PLANNING COMMISSION Sept. 11, 1995 Present: Chairman Jerry Fontaine Glenna Bealka, Duane Elliott, Rob Hamlin, and Terry Zoller Absent: Dorothy Foster, Kirk Roetman, Don Valsvik and Darwin Wald Others Steve Russell, Community Development Director; Sue Fitzgerald, planning Mr. Fontaine called the meeting to order at 7 p.m. Mrs. Bealka moved approval of the minutes of Aug. 13, 1995. Mr. Elliott seconded the motion; all in favor. Case No. DP/SLJP/9 -60 A design review and special use permit and design review plan for construction of a 20-unit townhouse project just east of Benson Boulevard on West Orleans Street in the RCM, Medium • Density Family District. Kornovich Development Co., applicant. The applicant, Lonnie Kornovich, appealed the Planning Commission's August decision to continue the request for two months and the City Council directed the Commission to consider the request at the September meeting. Mr. Magnuson, city attorney, was present for this discussion. Mr. Fontaine went through the 12 conditions of approval recommended by the Heritage Preservation Commission (HPC) in its design review. Mr. Kornovich explained a number of changes to the project that were made in response to the meeting with the HPC -- the units have been moved five feet closer to the center which shortens the blacktop area; the ponding area has been increased to make it more visually attractive; a 6,000- square-foot playground area has been provided by moving the fence to within two feet of the property line; the fence design has been changed to a horizontal weave design with concrete pilasters placed about every 90 feet; and 8-foot high pine trees will be added along the back property line, inside the fence area, as requested by neighbors. Mr. Russell explained the ponding area is needed for drainage. By having a more shallow area, it will be easier to landscape. Also, the fence is proposed to continue on city property to help screen the lighting from neighbors and to secure the neighbors property from pedestrian traffic. It is being recommended that the city construct a sidewalk on Curve Crest Boulevard from Greeley to County Road 5. About 20 neighboring residents were in the audience. Most of the comments/questions centered on the fencing and having it tie into the neighbors existing fence; whether the project is subsidized housing; and the problems associated with rental housing. Debby Knowlan, 1363 Benson Blvd., asked whether the city would consider participating in the Minnesota Crime Free Housing program, a cooperative effort between cities/police departments/developers which provides tenant screening etc. Mr. Zoller said the program would have to be reviewed by Mr. Magnuson but said he thought it sounded like a good program. Mr. Magnuson was Communities Act. Ms. low- moderate-income there would be three opinion there is nothing the request. asked whether he had reviewed the Liveable Knowlan noted the recommendation is not to group housing in one area; if this project is approved, in an eight-block area. Mr. Magnuson said in his 3 in the act that would give the city grounds to deny Mr. Hamlin noted the city is not in a strong position to change the total direction of the project. The Planning Commission can help finesse the project and make changes such as in the fencing, landscaping etc. Mr. Hamlin moved approval with the 11 design review conditions, with the wording of condition No. 7 changed to eliminate the reference to the retaining wall and the wording of condition No. 8 changed from "received" to "reviewed", plus the 12 additional recommended conditions -- changing condition No. 8 regarding landscaping to: all landscaping shall be established in a healthy condition and maintained in a healthy and aesthetic condition." Mr. Hamlin suggested additional conditions: that the fence be "non-climbable" and that the fence be extended about 15 feet to tie in with the neighbor's existing fence, with the final design reviewed by staff. Mr. Elliott seconded the motion; all in favor. Case No. SUP/95-50 Case No. SUP/95-55 Case No. SUP/95-58 These three cases were continued. Case No. V/95-66 The applicant was not present. Mr. Elliott, seconded by Mrs. Bealka, moved to continue the case. • • Case No. V/95-67 A variance to the accessory building size requirements for a 16' by 20' oversized storage building, 320 square feet proposed, 120 square feet allowed, at 201 Maryknoll Drive in the RA, One Family Residential District. David Przybylski, applicant. Mr. Przybylski said the storage building would provide space to store a boat and car and also provide him with some additional space in the attached garage that he had sought in his previous request which was denied. There would be no driveway; the building would be constructed of wood, and painted and shingled to match the house. The building would be located five feet from the back property line. Mr. Elliott said the applicant had not demonstrated a hardship. He asked whether the applicant had looked at other options, such as attaching the structure to the house. Mr. Przybylski said he could not attach the building because of existing trees; he said the only option would be to build out front as he had originally requested. Mr. Zoller, seconded by Mrs. Bealka, moved approval with the condition that the storage building materials, colors and shingles match the house. Mr. Hamlin agreed with Mr. Elliott that the applicant had not demonstrated a hardship, and granting the variance would set a precedent that could compromise the homogeneous nature of the Croixwood neighborhood. Mr. Fontaine pointed out the applicant could build a garage larger than the proposed storage building without a variance (if the existing garage is closed off), and said he felt the storage building would be less obtrusive than a huge garage. Motion passed 3-2, with Mr. Elliott and Mr. Hamlin voting no. Case No. V/95-68. A variance to the rear yard setback (25 feet required, 18 feet requested) for the construction of a main level handicapped bathroom at 1408 Riverview Drive in the RA, One-Family Residential District. Charles and Irene Berg, applicants. Mr. Berg read a statement regarding the request, which is to construct a 5' x 9 1/2' bathroom, removing an existing deck and using that space to construct the bathroom. The addition would be constructed with the same materials as the house. He said he had talked with neighbors, none of • 10 whom objected to his plans. Mr. Elliott noted that other variances have been granted previously because of the topography of the area. Mr. Hamlin, seconded by Mrs. Bealka, moved approval with no conditions; all in favor. Case No. SUP/95-69. A special use permit to conduct a photo supplies and service business out of the residence at 2356 Van Tassel Drive in the RA, One-Family Residential District. Michael and Mary Potter, applicants. Mary Potter appeared regarding the request. She said her business deals with photo albums and scrapbook materials and supplies; she has been doing the business through mail order. Her business would be conducted by appointment only, and all supplies would be delivered to her partner's address in Golden Valley. There would be no other employees, and no signs. She said there is room to accommodate six cars in the driveway. She said she does have "get-togethers" once or twice a month where customers/friends meet to discuss and exchange ideas on projects. Mr. Zoller and Mr. Elliott expressed a concern about the potential for creating a lot of traffic in a residential area. However, Mr. Elliott noted a condition of approval is a review of the permit upon complaint. Mr. Elliott, seconded by Mrs. Bealka, moved approval as conditioned. Mr. Zoller suggested adding a condition that the permit is granted to the owner and not transferable if the property is sold. Mr. Elliott accepted that amendment to his motion. Motion passed unanimously. Case No. SUP/95-71. A special use permit for construction of a 52-unit motel at 2200 West Frontage Road in the BP-C, Business Park Commercial District. Rodney Lindquist, ETC Enterprises Inc., applicant. Mr. Lindquist appeared regarding the request and said he was aware of the conditions of approval. Mr. Zoller, seconded by Mr. Elliott, moved approval as conditioned; all in favor. Case No. SUP/95-72. A special use permit for a residential unit in an existing commercial building at 220 E. Myrtle Street, old post office, in the CBD, Central Business District. Mark Balay, applicant. Appearing for the discussion were Mr. Balay were one of the prospective owners, Carole King. Mr. Balay said the new owners plan to convert the attic into a residence. After the residence is completed, the building will be returned to commercial use of some type, he said. Most of the discussion centered on finding some way to formalize the informal arrangement that has existed since the 1930s which has allowed the city to use the small park/green space on the property. Mr. Balay said it is the intent of the owners to allow that use to continue; he also noted there are insurance and liability issues involved. Mr. Hamlin moved approval as conditioned, directing staff to investigate formulating a more formal relationship regarding use of the park/green space that would be mutually beneficial to the owners and the city. Mr. Elliott seconded the motion; all in favor. Mr. Hamlin, seconded by Mr. Elliott, moved to adjourn the meeting at 9:30 p.m.; all in favor. Respectfully submitted, Sharon Baker Recording secretary • •