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HomeMy WebLinkAbout11.15.83 Planning PacketAGENDA PLANNING COMMISSION REGULAR NOVEMBER 15, 1983 1. Minutes October 18, 1983 November 1, 1983. 2. 7:00 P.M. Public Hearing for a home occupation special exception requested by Dale Helleson to operate a shar- pening service at 18215 Euclid Avenue. 3. 7:15 P.M. Continued Public Hearing for Floyd Gilbertson to operate a paint mixing facility at 28 4th Street. 4. Request from Jon S. Falkowski, D.D.S. for a Special Exception to operate a dental office at 916 8th Street (west frontage road) in the former Seventh Day Adventist Church within an R -2 District. 5. Discussion of possible invalidation of a Home Occupation Special Exception granted to Vernon Johnson to operate a real estate office at 621 Oak Street on November 20, 1979. 6. 8:00 P.M. Continuation of the Public Hearing to discuss a special exception for Northern Propane Gas Co. to operate a propane dispensing system at 517 1st Street in an existing B -3 District. 7. Discussion with Farmington landowner /developers of the po- tential to amend 1990 Service Area boundaries of the City Comprehensive Plan to accomodate continued development of Dakota County Estates. 8. Discussion of potential changes in the City Zoning and Sub- division Ordinances to eliminate authority conflict regarding required public open space. \9. Discussion with Gil Gilbertson of a schematic plan for West View Acres P.U.D. and outline the procedure to follow in arriving at a recorded final plat. AGENDA REPORT PLANNING COMMISSION REGULAR NOVEMBER 15, 1983 1. Approval of minutes of October 18, 1983 and November 1, 1983. 2. Public Hearing 7:00 P.M. Home Occupation Special Exception requested by Dale Helleson to operate a sharpening service and miscellaneous woodworking shop on Lot 1, Block 1, Hill -Dee 2nd Addition in an accessory building on site. The current requirements for a home occupation are included in Section 10 -10 -8 of the ordinance. The requirements for a Special Exception are listed under Section 2 -4 -4. The snapshots of the house and shop buildings appear to answer questions raised about visual impression and environment consistent with the residential neighborhood. However, a 600 square foot building could house a substantial business and the Commission might wish to question the applicant as to how the activity will not become objectionable in this residential neighborhood. RECOMMENDATION: Evaluate the requirements of 10 -10 -8 (C) 4. if possible particularly for an interpretation as to how customers of the sharpening service either meet or fail to meet restrictions on the general retail public. 3. Public Hearing 7:15 P.M. Continuation of Public Hearing for Floyd Gilbertson to operate a paint mixing facility at 28 4th St. Mr. Gilbertson is no longer interested in this property and plans to move his operation to Glencoe, Minnesota. 4. Request from Jon S. Falkowski to establish a public hearing for a Special Exception to operate a dental office at 916 8th Street. The property is zoned R -2 and was constructed as a meeting place for the Seventh Day Adventist Church. Approximately one year ago representatives from the Church asked for a copy of acceptable uses of this site. This is the only request presented and happens to fall within the list of Special Exceptions permitted in the R -2 District. RECOMMENDATION: Schedule a public hearing at 7:00 P.M. on December 20, 1983 and describe to the applicant the types of restrictions which are likely to be placed on this property. 5. Discussion of possible invalidation of a Home Occupation Special Exception granted to Vernon Johnson to operate a real estate office at 621 Oak Street on November 20, 1979. All aspects of 10 -10 -8 as printed below were the basis for granting this Special Exception: (A) The home occupation shall be carried on by a member of the family residing in the dwelling unit with not more than two (2) employees who are not part of the family. (B) The home occupation shall be carried on wholly within the principal or accessory structures. (C) Exterior displays or signs, exterior storage or materials and exterior indication of the home occupation or vari- ation from the residential character of the principal structure shall not be permitted. (D) Objectionable noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall not be produced. Since that time the City Council has eliminated the option for em- ployees but the basic question is whether or not Mr. Johnson ever has been a resident of 621 Oak Street. Neighbors who were in op- position to this office have indicated that the upstairs unit has been rented to people other than Mr. Johnson and the City Staff has determined that the property does not carry a homestead credit. RECOMMENDATION: Unless Mr. Johnson can offer some proof that he lives at 621 Oak Street, the Commission should invalidate the Home Occupation Special Exception. 6. Public Hearing 8:00 P.M. Continuation of the Public Hearing to discuss a special exception for Northern Propane Gas Co. to operate a propane dispensing system at 517 1st Street. The City Council at its meeting of October 3, 1983 enacted a revi- sion to the Zoning Ordinance which added propane fuel stations as a Special Exception in the B -3 District. While the original pre- sentation made by Northern Propane Gas Company was convincing with respect to safety, it appears that residents of the neighborhood have objections that they wish to enumerate during the hearing. The most critical requirement of Section 2 -4 -4 reads as follows: "(B) The special exception shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards of Section 2 -4 -5 here of." The applicable section under 2 -4 -5 refers to fire prevention and fire fighting equipment. RECOMMENDATION: Evaluate the questions raised regarding public safety as primary criteria for either granting or denying the requested Special Exception. 7. Discussion with Farmington landowner /developers of the potential to amend 1990 Service Area Boundaries of the City Comprehensive Plan to accomodate continued development of Dakota County Estates. The attached letter was mailed to five landowners with property within the 1990 service area. Staff will bring to the meeting a service area map which identifies the areas and acreages involved. Information that should be provided by the developer is the timing sequence they anticipate for each land area. 8. Discussion of potential changes in the City Zoning and Subdivision Ordinances to eliminate authority conflict regarding required pub- lic open space. The attached memos to the City Council from Thompson and Tooker out- line solutions to both the general authority conflict and for Mr. Gilbertson as well. At the meeting of November 7, 1983 the Council assured Mr. Gilbertson that his open space requirements had been previously fulfilled and they referred to the Planning Commission for comment the staff recommendation for changes in the Subdivision Ordinance. One additional consideration might be to eliminate the 20% open space requirement listed in 10- 8 -7(C) 6. or change it in a way that links it directly with the density bonus listed in (C) 7. One reason to tie it to the density bonus is to encourage common open space area which do not necessarily become part of the community open space system. RECOMMENDATION: Provide input to the City Council as requested in order that a public hearing on the proposed amend- ments may be scheduled. 9. Discussion with Gil Gilbertson of a schematic plan for West View Acres P.U.D. which will be submitted during the meeting. Ideally the P.U.D. and Preliminary Plat should be developed together in order to conserve time. However, the Special Exception hearing requires less detail than is necessary for a preliminary plat. A plat for example must have engineering drawings in enough detail for a reaction from the City Engineer and this information should be received by the Planning Commission at least two weeks prior to the meeting at which it will be discussed. This provides needed time for staff review and comment prior to a recommendation to the City Council. RECOMMENDATION: Establish a public hearing for the P.U.D. Special Exception at 7:15 P.M. on December 20, 1983 with the stipulation that all materials are submitted to staff by December 12, 1983 or by December 5, 1983 if the developer wishes to seek approval of the preliminary plat at the same meeting. (1) A Charles Tooker Planner CT /mh