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HomeMy WebLinkAbout1988 147 I MINUTES PLANNING COMMISSION REGULAR FEBRUARY 16, 1988 1. The meeting was called to order at 7:05 P.M. by Chairman Hanson. Members Present: Galler, Hanson, Rotty. Members Absent: Gerten, Sampson. Also Present: Planner Tooker. 2. The Chairman welcomed new member Chris Galler and asked for comments on the minutes of November 17, 1987. Moti~ by Rotty, second by Hanson to approve the minutes of November 17, 1987 as distributed. APIF, motion carried. 3. Chairman Hanson opened the public hearing advertised for 7:00 P.M. requested by Lew Wurdeman. This request is to build a kennel on his property and to place a directional sign at the intersection of FairgFeen Avenue & Highway 50. Mr. Wurdeman plans to purchase land on 210th Street West described as the SEt of W~ of SEi of Section 26. Because the property is zoned A-I Agricultural, a Conditional Use permit is required before a kennel may be added to the property. Planner Tooker made brief comments before Commission members questioned the applicant about the proposed use. Chairman Hanson commented favorably on the substance of the application. Motion by Rotty, second by Galler to close the public hearing. APIF, motion carried. Motion by Rotty, second by Galler to grant permission to allow a kennel for up to 8 dogs at 5827 210th Street West under the following conditions: I 1. Each pen shall be separated by a block wall of at least 4 feet in height. Dog runs shall be separated by chain link fencing with slats infill or block walls. 2. Dogs shall be housed overnight in interior pens to minimize noise on adjoining property. 3. Animal waste shall be removed from pens and runs daily and stored in a manner that will provide no nuisance to adjoining property owners. 4. Sale of products and services provided shall be incidental to the sale of puppies raised on the premises. 5. The kennel shall be operated entirely by persons who live full time in the atttached home. 6. The conditional use shall be subject to review if animal noise is found to be objectionable by persons living in the area. In addition, a directional sign on Trunk Highway 50 not larger than 25 square feet per face shall be permitted which meets all setback requirements of the C,ity Zoning Ordinance. APIF, motion carried. I 4. Planner Tooker introduced the request from Christian Life Church to illuminate the cross structure which has been placed behind the illuminated sign on Highway 50. Mr. Tooker indicated that there are no grounds for granting another lighting variance and it will not be proper to amend the record of the variance granted to illuminate the church sign by adding the crosses. It was the consensus of those present that an illuminated cross structure would contribute to unnecessary night time distraction to the motoring public and the church board should be so informed. 148 Planning Commission Minutes - 2/16/88 5. Planner Tooker indicated that an informal discussion between Chairman I. Hanson, Jack Benedict and City staff on the employee parking lot added behind the Dakota County Estates strip center produced an agreement on a solution to the problem. Mr. Benedict, however, was not able to meet with the owner of the gasoline storage tanks to ask that an existing tank vent pipe be moved to accommodate a new driveway access to the lot. Tooker then shared a third possible plan to remove the objectionable access onto Ensley Lane. Those present reacted favorably to a concept that would retain 13 parking spaces, doubles the amount of trash storage and substantially increases the amount of paving while introducing space for landscaping and removal of access to Ensley Lane. The discussion which followed indicated that the Commission is anxious to resolve the issue and wishes to invite Mr. Benedict to attend the next regular meeting. A decision as to either amending the PUD or authorizing a minor change will be made at that time. 6. Planner Tooker presented a draft proposal of a change in concept for the land use pattern in Farmington when it becomes fully developed. The discussion has been generated by the firm of Bonestroo, Rosene, Anderlik and Associates who are responsible for preparing a Comprehensive Water Plan for the City. The staff generated plan produced in 1985 as part of the Comprehensive Storm Drainage Plan indicates an overly optimistic industrial base, particularly in the area north of Highway 50 and west of the proposed relocation of County 31. Those members present agreed that the south one half of Section 26 and the north one fourth of Section 35 should be revised to include a small commercial center for convenience shopping plus low and high density residential development. They also suggested that the land use legend should reflect language found 1 in the Comprehensive Plan rather than the Zoning Ordinance. 7. The final discussion was generated by a request for Waiver of Platting being submitted by Larry Vorwerk in which a variance from the City Subdivision Ordinance will be required. Several years ago, Mr. Vorwerk purchased two lots which gained access by two intersecting sixty foot wide road easements on the east side of Akin Road. The two lots contained one house and two garage buildings. It appears that the garages not only were built on the property line between the two lots but also within the road easement. Mr. Vorwerk now has a buyer for the lot at the end of the second road easement and plans to transfer this lot by means of a 20 foot wide easement because of the garages. The staff is of the opinion that, although the lot could be transferred because it is an existing separate parcel, by changing the access from sixty to twenty feet in width, the "grandfather" rights no longer exist. In order to transfer the parcel requested. the City Council would need to grant a variance to the City Subdivision Ordinance. Section 11-6-2-1 of the City Code indicates that grounds for granting a variance include unique conditions affecting the property, no threat to safety and hardship due to topography. Discussion by the Commission suggested that the garages could be relocated off the road easement and not to do so could create a threat to public safety in that a 20 foot wide easement may not be adequate for fire equipment. Motion by Rotty, second by Hanson to forward a recommendation to the City Council not to grant a variance to the Subdivision Ordinance since the request does not meet the three tests listed in Section 11-6-2-1 of the City Code. APIF, motion carried. 8. There being no further business, the Commission agreed to adjourn at 8:10 1 P.M. Submitted by, Ol~/L Charles Tooker, Planner Approved ~~ lC\~~ ~ I I I 149 MINUTES PLANNING COMMISSION REGULAR APRIL 19, 1988 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Gerten, Hanson, Rotty, Sampson. Members Absent: Galler. Also Present: Charles Tooker, Planner. 2. The Chairman asked for comments on the minutes of February 16, 1988. Motion by Rotty, second by Hanson to approve the minutes as distributed. APIF, motion carried. 3. The Chairman opened the public hearing advertised for 7:00 P.M. to discuss a conditional use request to build a Hardee's fast food restaurant on Lots 1-3 and the east 40 feet of Lot 4, Block 17, Original Town of Farmington. Planner Tooker reviewed the proposal describing the architectural elevations, paving plan, landscaping plan and lighting plan, noting changes that should be introduced before the conditional use is approved. He also noted that a second public hearing has been scheduled to discuss proposed changes for the zoning ordinance which will eliminate conflicting requirements within the ordinance as well as discrepancies between it and the Downtown Redevelopment Plan. Mr. Dimond, of Cardinal Development Corporation, representing the owner, Stanley M. Schultz, indicated that he was available to answer questions and that he has been in relatively close contact with staff and is agreeable with the recommendations as outlined. Specific comments by residents focused upon the location of parking lot access and the fence that is proposed to follow the west and south property lines. Motion by Rotty, second by Sampson to close the public hearing. APIF, motion carried. Motion by Ratty, second by Gerten to approve the request for a conditional use permit to build a Hardee's Restaurant on Lots 1-3 and the east 40 feet of Lot 4, Block 17, Original Town of Farmington, subject to amendment of the City Zoning Ordinance within sixty days and also subject to the following: a. Signage limited to two signs of approximately 24 square feet each with one to be placed on the north facade and the second on the east facade as indicated on the submitted building elevations. b. Lighting adjoining residential property to the west and south not to exceed .5 foot candles at the property line as indicated in Section 10-6-12(F) of the City code. c. Fencing along the west and south property lines shall be 6 feet except between the front yard setback of the house immediately to the west and the Elm Street right of way line shall be 4 feet and constructed as indicated in the detail drawn on the paving plan. d. Openings to Elm Street from the parking lot and the service drive up window shall be 32 feet and 12 feet respectively as required by the District Engineer, Minnesota Department of Transportation. e. Turning radii of the outside edge of the islands at the end of the center parking lanes shall be 10 feet as will the east side of the transition between the parking lot and the drive which accesses Elm Street. 150 f. The addition of one 2~ inch Little Leaf Linden to the northwest corner of the property should be shown on the approved site plan. I APIF, motion carried. 4. The Commission then met with Jack Benedict to discuss the unapproved parking lot installed at the rear of the strip shopping center within Dakota County Estates PUD. The Chairman indicated his displeasure with the amount of time it has taken Mr. Benedict to either modify the lot to eliminate direct access to Empire Trail or to apply for a rezoning to amend the PUD. Mr. Benedict indicated that he has been observing the lot to see how deliveries to the Budget Mart would affect the alternative plan drawn by Planner Tooker. He indicated that a change in the design of this lot is not what he prefers, but that the change can be and will be made as soon as he orders paving for driveways on houses already sold. It was the consensus of those present that Mr. Benedict should work with the plan prepared by Mr. Tooker and that lot reshaping and revised access should be completed by the 21st of June, which is the regular meeting date of the Commission. The plan modification is, therefore, a minor revision and appropriate documents should be added to the PUD file indicating the approved change. 5. The Commission then turned to a discussion of Silver Springs Subdivision and a schematic drawing submitted by Jack Benedict. Planner Tooker had several comments on the plat and among these were: a. The intersection between Endicott Way and 188th Street should be at right angles. b. The lot lines on the southwest side of the intersection of 188~ Street and Embers Avenue should be shifted to provide a more even distribution of space in each lot rather than the creation of one large lot and four small ones along the block. c. The block between Embers and Embray has more lots than can be justified on this steep slope. The ordinance requires that they should be 10% larger than required. The additional width is likely to be necessary to provide adequate access to each lot on the slope. d. The Park Board is looking for a neighborhood park immediately west of this schematic drawing. The staff recommends that this area should be added to the plat in the form of an outlot, a portion of which then could be dedicated to the City for park development. The City would rather have land in this instance than cash in lieu. I e. The plat is approaching a size that Environmental Assessment Worksheet. if timing is of importance. will require preparation of an The developer should take notice The Commission and Mr. Benedict entered into a general discussion of the land and proposed development. It was agreed that Mr. Benedict would work with City staff to develop an acceptable outline for a preliminary plat. Planner Tooker indicated that phasing of development should be planned so that long temporary turnaround streets will not be necessary. 6. The Commission was reminded of a special meeting on April 26, 1988 to discuss I potential changes in the Zoning Ordinance. 7. There being no further business, the Commission agreed to adjourn at 8:25 P.M. ~..ffm mii:ttted by, ~~~cdJJ- Charles Tooker, Pl~~kr Approved i\-J,~-~~ I I I 151 MINUTES PLANNING COMMISSION SPECIAL APRIL 26, 1988 1. The meeting was called to order by Chairman Hanson at 7:05 P.M. Members Present: Galler, Gerten, Hanson, Rotty, Sampson. Members Absent: None. Also Present: Planner Tooker. 2. Chairman Hanson asked for comments on the minutes of April 19, 1988. Motion by Rotty, second by Sampson to approve the minutes as submitted. APIF, motion carried. 3. Chairman Hanson opened the public hearing advertised for 7:00 P.M. to consider some recommended changes of setback and landscaping requirements within the B-2 General Business District. The five basic issues were brought to the attention of staff by the Hardee's request for a conditional use permit to build a fast food restaurant. In order for this project to proceed, either some variances or some changes in the ordinance would be required. Because the problem areas involve internal ordinance conflicts, and the importance of granting variances only when there are substantial grounds to justify them, an ordinance amendment is recommended. The recommendations discussed include reducing the required side yard for off street parking areas of commercial uses from 20 to 10 feet when adjoining residential districts, clarifying the ordinance with regard to consistency of setbacks within the same district, eliminating the 50 foot setback on State Highways within the original one square mile of Farmington, eliminating the requirement for landscaped front yards in districts where no setback is required and widening the width of access drives to loading areas in response to a request from the District Engineer, Minnesota Department of Transportation. The Commission was not in favor of attempting to provide for variable setbacks as listed in item 2 of the staff memorandum of April 14, 1988 since this recommendation has nothing to do with either business uses or redevelopment of the downtown area. The only person in attendance was an observer without any particular interest in the proposed amendment. Motion by Gerten, second by Sampson to close the public hearing. APIF, motion carried. Motion by Galler, second by Gerten to approve the recommendation of staff listed in the memorandum of April 14, 1988 and forward them to the City Council with a recommendation that they should be approved, with the exception that item 2 should be revised as follows: Amend Section 10-4-1(G) to read as follows: Where structures on adjacent lots or parcels in the same district have front yard setbacks different from those required, the minimum front yard setback shall conform with existing adjacent structures and an addition to an existing building may be extended utilizing whatever setback that has been established by that building. APIF, motion carried. 152 4. Planner Tooker then reviewed the memorandum from Administrator Thompson regarding the request of certain residents in Pine Knoll to have sanitary I sewer lines extended. Both Tooker and Thompson visited with the Metropolitan Council staff to determine how difficult it would be to change the MUSA boundaries to include the Pine Knoll area. The Metropolitan Council staff indicated that a change could be made upon a request from the City, provided that no undeveloped land is included since service would be extended to existing development. Motion by Gerten, second by Sampson to forward a recommendation to the City Council which endorses an amendment to the City Comprehensive Plan which would expand the MUSA Boundary to include Pine Knoll Subdivision and developed frontage along Akin Road as indicated in the Administrator's memorandum of April 25, 1988. Voting for: Galler, Gerten, Hanson, Sampson. Against: None. Abstain: Rotty. Motion carried. Member Rotty suggested to staff that add ons, particularly those on substantial issues, should not be attached to special meetings. The point being, that the Commission is much better able to handle issues efficiently if given enough time for their consideration. 5. There being no further business, the Commission meeting was adjourned at 7:45 P.M. Submitted by, O'~~L. Charles Tooker Planner Approved .. (/ 5" \1-~~ I I I I I 153 MINUTES PLANNING COMMISSION REGULAR MAY 17, 1988 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Galler, Gerten, Hanson, Rotty. Members Absent: Sampson. Also Present: Planner Tooker. 2. The Chairman asked for comments on the meeting of April 26, 1988. Motion by Rotty, second by Galler to approve the minutes of April 26, 1988 as presented. APIF, motion carried. 3. Chairman Hanson opened the public hearing advertised for 7:00 P.M. to discuss a front yard variance requested by Andrew Barnhouse to build a garage within 15 feet of the as yet undeveloped Exodus Street. The property is a corner lot platted the same width as all other lots in the subdivision. The developer built the house 13 feet from the south property line without a garage. The floor plan is such that a garage may only be added as an attached unit on the north side. Mr. Barnhouse brought photographs to indicate that, aesthetically, an attached garage would be more beneficial to the neighborhood than a detached garage and would indeed create a more favorable impression of the house. He also said that the house had a number of problems that he said were the result of poor construction and the attached garage would eliminate a severe drainage problem that needs to be corrected with or without the garage addition. Member Rotty indicated that, because this corner lot is the same width as other interior lots, he believed that a variance was justified. Member Galler said that Dakota County Estates had many 70 foot wide corner lots and would hate to initiate a precedent for reduced setbacks for an 85 foot wide lot. Chairman Hanson said that there is possibly a difference between the two plats since the ordinance now requires a builder to indicate space for a garage if it is not part of the original construction. This possibly may not have been in the ordinance when the Hillview neighborhood was developed. Motion by Rotty, second by Gerten to approve the variance since the hardship results from circumstances that are unique to this property and that the hardship does not occur as the result of actions of persons presently having an interest in the property. In favor: Gerten and Rotty. Opposed: Galler and Hanson. The motion did not pass. Chairman Hanson asked staff to research the date of the amendment which requires builders to make room for future garages if they are not included in the original construction. 4. Planner Tooker reviewed the proposal from Heritage Development to build a new subdivision on the southeast 30 acres of property owned by the Nelson Family at the intersection of 190th Street and County 31. He indicated that the property is difficult to develop because of the rough topography and multiple gas lines. All lots are proposed to be 10,000 square feet in size but roughly one third appear to be less than 75 feet in width at the building setback line. Another third are on cuI de sac streets which is excessive since cuI de sacs are usually reserved for extraordinary circumstances. The staff would also recommend showing an additional outlet to the west to serve future development and will demand another outlet to and from this neighborhood when other lots are proposed. Two ponding areas are necessary to serve this plat, but so far only one appears ready to be dedicated. The City is also just now 154 discussing a new Water Supply and Distribution Plan which proposes two well sites of one hundred feet square each. The gas company has also asked for a site off the dedicated right of way for County 31 to replace an existing pumping station. The staff recommends 150 feet separation between proposed County 31 and proposed rights of way in the new plat to provide adequate separation between housing and the four lane arterial street. The staff would also encourage development of housing pads that do not encroach on steep slopes. A slight realignment of Euclid Path will be necessary to line it up with a developed street and the staff recommends that the entire loop street be developed for maintenance convenience and elimination of water pipe stagnation problems. Mr. Huser and Mr. Parks presented the reasoning behind the configuration in this proposal and said that they would be willing to work with staff on a proposal that can move forward. The Commission indicated a preference for a PUD on this tract and Mr. Parks responded that the first plat was on a time line that would not permit this work. However, later phases would be developed as part of a PUD. Chairman Hanson said that the Commission would be willing to meet with the developer in special session if necessary to see to it that they are not held up by existing scheduling. 5. The Commission agreed to adjourn at 8:35 P.M. Submitted, OR4u1;,~ Charles Tooker City Planner '~; / ~\ / tff-b Approved I I I I I I 155 MINUTES PLANNING COMMISSION REGULAR JUNE 21, 1988 1. The meeting was called to order at 7:00 P.M. by Chairman Hanson. Members Present: Galler, Hanson, Rotty, Sampson. Members Absent: Gerten. Also Present: Planner Tooker 2. Chairman Hanson asked for comments on the minutes of May 17, 1988. Motion by Rotty, second by Galler_ to approve the minutes of May 17, 1988 as distributed. APIF, motion carried. 3. Chairman Hanson opened the hearing advertised for 7:00 P.M. to discuss a request from Christian Life Church to amend the City Zoning Ordinance by adding Nursery-Day Care Schools to the A-I Agricultural District as either a permitted or a conditional use. Planner Tooker indicated that the Ordinance currently has an inconsistency since public and parochial schools are listed as permitted uses in both Agricultural Districts. A question raised by staff is that the definition of Nursery-Day does not meet the needs of the church proposal, where as the definition of a day care center would. The Chairman said that the proposal has merit, but perhaps should be researched more carefully to make sure that the proposed amendment will do what the applicant has in mind. Mr. Cook, representing the Church, said that the day care use will start with the fall school calendar and State licensing will take time, but a one month delay would not be unreasonable. Motion by Rotty, second by Sampson to continue the hearing until July 19, 1988 at 7:00 P.M. APIF, motion carried. 4. Chairman Hanson opened the public hearing advertised for 7:20 P.M. to discuss the request of Charles Parker to level property in the F-2 Flood Fringe District at the northwest corner of the intersection of Pine and Third Streets. Planner Tooker said that filling is an appropriate activity in this district, but that construction of a building addition would require first floor elevations that are above the 100 year flooding event. The buyer of the property indicated that he wishes to move his existing Willis Jeep operation to Farmington from Lakeville and use the existing structure as is, but possibly add to it in the future. He is hopeful that the existing structure was built with the flood protection elevation in mind, and will not proceed with the purchase unless it was. Motion by Sampson, second by Rotty to close the public hearing. APIF, motion carried. Motion by Galler, second by Rotty to approve the requested conditional use to level the existing material on the lot containing the former "Woodcrafter" building at the northwest corner of Pine and Third Streets and to cover the area with Class 5 aggregate. APIF, motion carried. 5. The Chairman recognized Andrew Barnhouse who was previously denied a front yard setback variance to build a garage attached to the east side of his house at 5928 Upper 183rd Street. Mr. Barnhouse requested that the Commission reconsider the action of one month earlier since there would be only one other lot in the entire subdivision that possibly might be affected if the Commission were to grant a variance. Mr. Tooker explained that since the Commission operates under Roberts Rules, only the two individuals who voted on the prevailing side of the vote could make a motion to reconsider. Neither Mr. Hanson nor Mr. Galler were willing to bring it up again for discussion. Mr. Hanson suggested that Mr. Barnhouse should investigate the possibility that a project could be set up to improve the stub 156 street that will provide access to the south. neighbor would not be likely to be interested but that he would explore that option. Mr. Barnhouse indicated that his in helping pay for such a project 6. The public hearing advertised for 7:40 P.M. was opened by Chairman Hanson. Planner Tooker said that Donald Harvey would like to build a garage addition that will be 896 square feet when included with the existing structure. The City staff investigated the site and found that the garage appeared to be in- cluded within the City right of way. If this proves to be correct, the Commission would not have the authority to expand this space unless the applicant were to remove the portion of the building that is outside of the lot. The options out- lined for Mr. Harvey included tabling the request until Mr. Harvey could prove by survey that the garage actually is located entirely within his lot. Motion by Sampson, second by Galler to continue the public hearing until 7:20 P.M. on July 19, 1988 to give the applicant enough time to verify the location of this garage. APIF, motion carried. 7. Planner Tooker reviewed the request of Hardee's to amend their approved site plan for a conditional use to add one freestanding sign to the northeast corner of the site. The sign is 63 square feet in size and will be 20 feet in height. Mr. Dimond, representing the owner Stan Schultz, said in a letter that he mis- understood staff questioning about signs and it was the intention from the be- ginning to have one freestanding sign in addition to the two wall signs. Chairman Hanson indicated that he would favor a trade of the freestanding sign for one of the approved wall signs. Motion by Rotty, second by Sampson to approve the request for one freestanding sign as indicated in the drawing submitted, pro- vided that it shall not be taller than 20 feet and that it shall not overhang the public right of way. APIF, motion carried. 8. Planner Tooker then presented a discussion of the preliminary plat developed for the Nelsen Property on the west side of County Road 31. The plat indicates that there will be 62 lots on approximately 31 acres. Staff has reviewed and forwarded comments from the Dakota County Platting Commission and Dakota County Soil and Water Conservation District, so that additional comments from the City Engineer were focused upon in the oral presentation. William Huser from Heritage Development and Daniel Parks representing their engineering firm indicated their displeasure in not receiving stafrcommentary until the day of the meeting and went on to question some of the requests by both the planning and engineering staff. A major difference between the proposal and the schematic alternative presented by Tooker, were two cul-de-sacs. Heritage believes that the cul-de-sacs are a valuable development device since the lots are generally in high demand, whereas the staff believes that cul-de-sacs should be reserved for areas of difficult topography. There were also questions raised as to the procedure the City might follow in creating the ponding areas necessary to handle stormwater runoff. Because of the separation between the current development proposal and the staff response, the Commission believed that a protracted discussion would not generate a recommendation that could be forwarded to the City Council. Chairman Hanson asked that Mr. Huser and Mr. Parks work with staff and the Commission would be happy to schedule a special meeting if an agreement was forthcoming. 9. There being no further business, the Commission agreed to adjourn at 9:05 P.M. Submitted by, ~~~ Charles Tooker ICf Planner 0,. \C\-~~ Approved I I I I I I 157 MINUTES PLANNING COMMISSION REGULAR JULY 19, 1988 1. The meeting was called to order by Chairman Hanson at 7:00 P.M. Members Present: Gerten, Hanson, Rotty, sampson.) Members Absent: Galler. (~t9- dJr 7!ott; P/.A. Also Present: Planner Tooker. 2. The Chairman asked for comments on the minutes of June 21, 1988. Motion by Rotty, second by Sampson to approve the minutes of June 21, 1988 as printed. APIF, motion carried. 3. Chairman Hanson opened the continued hearing originally requested by Christian Life Church to discuss a proposed amendment to the Zoning Ordinance to include Day Care Centers as either a permitted or conditional use in the Agricultural Districts. It was generally agreed that this use is similar to public and parochial schools plus churches and should be encorporated into the ordinance. Motion by Sampson, second by Rotty to close the public hearing. APIF, motion carried. Motion by Sampson, second by Gerten to forward a recommendation to the City Council that endorses the concept by adding Day Care Centers to the A-I and A-2 Agricultural Districts as permitted uses. APIF, motion carried. 4. Chairman Hanson asked Planner Tooker to explain the request from Cenex to convert the existing anhydrous ammonia storage tank on Highway 3 to L.P. gas storage. The request would involve the change of an existing non-conforming use. The benefit to Farmington would be elimination of a material that is likely to be more damaging to residents in case of a leak. Member Galler arrived at 7:05 P.M. Kevin Sexton from Cenex asked if the City had any plans for the railroad property. Administrator Thompson said that the City and HRA may be involved in acquiring this right of way to allow for expansion9f Dakota County Lumber, but that he probably should check with Robert Williamson the Economic Development Director, for more specific information. Mr. Sexton also wished to know who he should contact regarding the availability of water for flushing the tank prior to the L.P. conversion. Planner Tooker indicated that the request would best be directed to City Engineer Kaldunski. Member Rotty asked that Cenex notify the City af the time that the transfer in use takes place so that the information gets to the fire department in a timely fashion. Motion by Gerten, second by Rotty to allow a change in the non-conforming use that will convert the anhydrous ammonia tank on Highway 3 north of Pine Street to L.P. Gas storage. APIF, motion carried. 5. Planner Tooker then outlined a request for clarification from Administrator Thompson regarding the 1986 appeal of Lee Hawkins, 105 Oak Street in which the storage and servicing of food stands built on trailers was determined to be a business. The Planning Commission in 1986 sustained the Administrator's decision that such activity did constitute a business, but, that Mr. Hawkin could park the vehicles in his rear yard if a screening plan was implemented. The new complaint indicates that a portable food stand had been created and that materials to be sold in the stand were stored in Mr. Hawkins garage. Upon investigation the staff could find no violation of the existing city code. At the conclusion of a dis- cussion by the Commission, the following motion was adopted. Motion by Rotty, second by Sampson that the staff forward a letter to Mr. Kuchera with a copy to Mr. Hawkins indicating that the staff has thoroughly researched the complaint but failed to find any violation of current City Codes. APIF, Motion carried. 158 6. Chairman Hanson opened the continued hearing requested by Donald Harvey to discuss an application for a conditional use to expand an existing garage to 896 square feet. The applicant submitted the copy of an old survey identifying a neighboring property corner which appears to indicate that the only portion of the existing garage that is in the Seventh Street right of way is its roofs over hang. Members were concerned that the addition should not suddenly become a completely new building. If it were then the traditional 20 foot front yard set back would be required. Motion by Sampson, second by Gerton to close the public hearing. APIF. Motion carried. Motion by Galler, second by Gerten to approve the conditional use to expand the existing garage at 620 Oak Street pro- vided that no part including the roof overhang shall intrude into the right of way of Seventh Street. APIF, motion carried. 7. Planner Tooker presented the replat of a portion of Dakota County Estates Fourth Addition which will be known as Dakota County Estates Fifth. The plat will remove four quad home lots or 16 units and replace them with 11 single family lots. This reduction of 5 units was generated in part by opposition from the neighborhood when they discovered multiple housing would be in close proximity. Negative comments had not been received prior to the meeting and the City Engineer has not yet had an opportunity to review the plat. There was general agreement that the reduction in density was probably a good idea. Motion by Gerten, second by Rotty to forward a recommendation for approval of the preliminary plat of Dakota County Estates Fifth Addition subject to a favorable review by the City Engineer and to ask that the City Council establish two public hearings as follows: a) to consider the preliminary plat in which the developer has asked for simultaneous approval of the final plat and b) to amend the zoning ordinance by replacing the quad home units with single family dwellings in this portion of the Dakota County Estates P.U.D. APIF, motion carried. 8. Planner Tooker discussed the need for a variance in the Hardees conditional use site plan which failed to show an accessory storage building built as an attachment to the dumpster corral. Tooker said that the only grounds for such a variance would be if the Commission believed that similar buildings could be justified within business districts as long as they were constructed of the same materials as the principal structure. Motion by Sampson, second by Gerten to set a public hearing to discuss a variance request from Hardees which will add an accessory storage building to the site plan for the new restaurant on Elm Street at 7:00 P.M. on August 16, 1988. APIF, motion carried. 9. Chairman Hanson asked the staff to investigate the legitimacy of an apparent home occupation which has an outside sign at the intersection of Elm and Fifth Street. 10. There being no further business, the Commission agreed to adjourn at 7:50 P.M. Submitted by, ~.~~ Charles Tooker Ice City Planner APPROVED l'\\o-~q, W~ l\&MIJJ0 -\ ~~ \ I I I' I I I 159 MINUTES PLANNING COMMISSION REGULAR AUGUST 16, 1988 1. The meeting was called to order at 7:00 P.M. by Chairman Hanson. Members Present: Galler, Gerten, Hanson, Rotty. Members Absent: Sampson. Also Present: Planner Tooker. 2. Chairman Hanson asked for comments on the minutes of July 19, 1988. Member Galler indicated that the minutes should reflect that he arrived late since the record shows that he participated in much of the discussion. Motion by Rotty, second by Gerten to approve the minutes of July 19, 1988 subject to the addition that Member Galler arrived at 7:05 P.M. APIF, motion carried. 3. Chairman Hanson then opened the hearing advertised for 7:00 P.M. to discuss a variance requested by Hardees to allow an accessory storage building already built behind the restaurant at 120 Elm Street. Planner Tooker indicated that the reason accessory storage buildings were restricted to residential areas was to prevent prefabricated units from popping up throughout business and industrial areas. The Hardees request points out a problem particularly for restaurants if they do their own yard maintenance. Both safety and health regulations prevent the storage of gasoline and gasoline powered mowers within areas devoted to food preparation and dispensing. Planner Tooker reviewed a draft of a proposed amendment to the ordinance which would allow the addition of accessory storage buildings as a conditional use within the business and industrial districts. The members agreed that such an amendment is necessary but wished to comtemplate the suggested wording for a month before forwarding a recommended change to the City Council. Motion by Gerten, second by Rotty to close the public hearing. APIF, motion=carried. Motion by Gerten, Galler to approve the variance requested by Hardees on the basis that an amendment will be forwarded to the City Council which includes accessory storage buildings as a con- ditional use in the business and industrial districts. APIF. motion carried. 4. Planner Tooker then reviewed a request from Evergreen Investment for a variance to build an elevated 3 foot wide walk within the side yard of Lot 2, Block 1, Dakota County Estates Second Addition. The salesman neglected to notify the con- struction crew that a patio door had been ordered by the buyer in an area where a deck would not meet setback requirements. The developer normally is careful about floor plans just to avoid this type of problem. Planner Tooker indicated that the buyer did not contribute to this problem and that so far there is no house on the adjoining lot, whose owner would be surprised by a three foot wide walk that would be three feet from the property line over a distance of approximately 15 feet. Motion by Rotty, second by Galler to set a public hearing on September 19, 1988, or earlier if notice can be forwarded to the newspaper in time, to discuss a side yard variance at 5231 180th Street West. APIF, motion carried. 5. The Chairman next recognized Eugene "Babe" Kuchera who wished to discuss the activity at 105 Oak Street. Mr. Kuchera indicated that the food service business operated by Mr. Hawkins at various fairs and other public gatherings is a nuisance within his block because of the noise involved when the food stand is taken down and returned to 105 Oak Street. Member Gerten asked about the frequency of this activity. Mr. Kuchera said that formerly it occurred on the average of twice a month, but now, it occurred possibly once a month. Member Galler said that this probably was con- fined to the six warm months of the year. Mr. Kuchera said that the business~artner of Mr. Hawkins came to visit frequently and his vehicle often is parked in the alley which now gets more traffic than in pre-Hardees days. Member Gerten indicated that 160 loading and unloading once a month does not seem to be an unreasonable use of the property since nothing actually is sold from the property. Member Rotty asked if I any zoning code violation is involved. Planner Tooker indicated that there were no code violations. Chairman Hanson said that this appears to be a police problem, particularly with respect to blocking the alley and the nuisance of excessive noise, but that Mr. Kuchera should keep the Commission apprised of the activity at this location to be sure that a business is not being conducted here. Mr. Kuchera thanked the Commission for its concern. 6. When Chairman Hanson asked for additional items, Member Galler indicated that he is resigning from the Commission as he was appointed to fill the existing vacancy on the City Council. The members present each offered their best wishes. 7. There being no further business, the meeting was adjourned at 7:45 P.M. Submitted by, ctJ.v~~ Charles Tooker Planner (1r~~ dO o _ fJ /) _crg I=' 1\ I 0 I I I I I I 161 MINUTES PLANNING COMMISSION SPECIAL SEPTEMBER 15, 1988 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Gerten, Hanson, Sampson. Members Absent: Rotty. Also Present: Planner Tooker, Engineer Kaldunski. 2. The Chairman directed the meeting discussion to Planner Tooker for a review of the most recent version of Country Hills, the current name of the proposed sub- division of approximately 33 acres of the Nelsen Farm in the southeast quarter of Section 14. Planner Tooker briefly reviewd comments received from City Engineer Kaldunski and Technician Peek of Enron Gas Transmission Company, as well as the last remaining planning considerations to be worked out. Both Engineer Kaldunski and Technician Peek amplified the comments forwarded and indicated that the plat would be acceptable if all of the stated concerns were addressed by the developers. Member Gerten asked William Huser, Heritage Development, if the stipulations listed in the staff memorandum were acceptable. Engineer Daniel Parks for Heritage De- velopment responded that he believed some of the requirements listed by the City Engineer were overly burdensome to this developer. Specifically, he questioned the need for a storm sewer line from the end of cul-de-sac B to the proposed ponding area (AP-3) north on County 31. He also believed that the cost of grading 190th Street to the west edge of the plat could be shared by the property owner to the south. Mr. Huser indicated that he would have difficulty accepting a two year time frame for the two phases, since we are currently at the end of the current building season. Member Rotty arrived at 7:25 P.M. Chairman Hanson asked if the Commission wished to review the plat again prior to the proposed schedule of the City Council Public Hearing, since a number of changes are contemplated. Planner Tooker said that approval can be granted subject to specific conditions with the understanding that the changes will be incorporated into the plat prior to the public hearing. The options outlined by the Chairman then included denial, approval subject to specific conditions and approval. MOTION by Gerten, second by Sampson to recommend approval of the Preliminary Plat of Country Hills subdivision subject to the following: a. The ponding area north on County Road 31 shall be dedicated by the Nelson Estate and the land value credited against the storm water management fee for the proposed plat contemplated north of Country Hills. b. Grading of the entire 190th Street to the west edge of the plat and paving to the west end of Lot 1, Block 1 shall be required. c. A storm sewer on the west edge of County 31 between the storm sewer which serves cul-de-sac B and the proposed ponding area AP-3 shall be installed. d. The developer shall be required to post a bond to certify that the storm water drainage on Block 2 will be handled exactly as designed. e. The plat shall include a fifty foot (50') wide gas easement adjoining the north edge of 190th Street in Lots 1, 2 and Outlot A in Block 3, and the developer shall sign an agreement with Enron assuming the 162 cost of relocating the 2" pipeline out of the right of way of 190th Street. f. Outlot A shall be dedicated to the City for construction of a City well and well house with the exception of a fifty foot square parcel dedicated to Enron Gas Pipeline Operating Company at the inter- section of proposed County 31 and 190th Street West on which the City will move the existing gas metering station when County Road 31 is moved to the new location. g. The Park dedication will be taken in cash to help acquire a useable park site to the north of this plat. h. A two phase development will be acceptable if construction of public improvements is completed within a 24 month time frame and that the developer posts a bond for all proposed improvements in the 33 acre site as a part of the first developers agreement. APIF, MOTION CARRIED. 3. Chairman Hanson asked staff to contact Jack Benedict regarding required reworking of the parking lot behind the shopping center in Dakota County Estates. A progress report should be made at the meeting on September 27, 1988 since this construction season is definitely limited. 4. The Commission agreed to adjourn at 8:00 P.M. Submitted by, O(~1Z~ Charles Tooker City Planner 9 "<ft\ ~ ~i> Approved I I I I I I 163 MINUTES PLANNING COMMISSION REGULAR SEPTEMBER 27, 1988 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Dau, Gerten, Hanson. Members Absent: Rotty, Sampson. Also Present: Planner Tooker. 2. The Chairman asked for comments on the minutes for the meeting of August 16th and September 15th. MOTION by Gerten, second by Hanson to approve the minutes of August 16th and September 15th as distributed. Approved by Gerten and Hanson with Dau abstaining. Minutes approved. 3. Chairman Hanson asked for some background on the side yard variance requested by Evergreen Investments for 5231 180th Street West after opening the public hearing. Planner Tooker indicated that the walk between the patio doors and a proposed rear yard deck would encroach on the side yard 3 feet at the widest part of the house, but would encroach only 1 foot where the house narrows. Member Rotty arrived at 7:05 P.M. The house was improperly located on the lot by a salesman no longer employed by Evergreen. He indicated that the variance meets the requirements listed in Section 10-8-6(C) of the City Code. MOTION by Rotty, second by Gerten to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Dau to approve the requested 3 foot side yard variance since all the criteria of Section 10-8-6(C) have been met. APIF, MOTION CARRIED. Chairman Hanson said that his site inspection revealed that the Dakota County Estates sales signs appear to be encroaching on the right of way of County 31, but more to the point, they make it difficult to observe oncoming traffic on County 31 when leaving the subdivision. Other members agreed and asked that the Building Official investigate. 4. Chairman Hanson opened the public hearing scheduled for 7:10 P.M. and asked Planner Tooker to provide background information on the conditional use request submitted by Lee Allan Rose. Mr. Rose purchased a house divided into two living units and then discovered that it was considered by the City to be a single family unit. It is situated at 317 Main Street in a block with 15 living units. The accessory apartment section of the code indicates that this block could handle up to 19 separate living units. However, this particular lot would be unable to provide enough off street parking with the existing single car garage. Mr. Rose indicated that he would need up to 24 months to provide a new two car garage and two paved off street parking spaces as required. MOTION by Gerten, second by Rotty to close the hearing. APIF, MOTION CARRIED. MOTION by Gerten, second by Dau to approve the conditional use request under the condition that Mr. Rose will build a two car garage and pave the access drive and two additional parking spaceslk and that a site plan for this shall be submitted within 30 days. APIF, MOTION CARRIED . 5. Chairman Hanson opened the public hearing advertised for 7:20 P.M. as requested by Timothy Carr for a conditional use to conduct a home occupation at 501 Elm Street. As requested, the home occupation relies heavily on the sign in front of the house. The sign, however, is approximately 10 times the size indicated as being appropriate for a home occupation. Mr. Carr was not in the audience. The Commission agreed that the applicant should be a participant in the discussion before a decision is made. MOTION by Rotty, secoond by Dau to continue the hearing until October 18, 1988 at 7:00 P.M. APIF, MOTION CARRIED. _ . '\ C\ -J >r-u;\0~'~ dL\ VVC~~ ~ 164 Planning Commission - Minutes - 9/27/89 6. Chairman Hanson opened the public hearing scheduled for 7:30 P.M. as requested by Walter Maurer for Louis Larson at 301 Pine Street. The application is for a conditional use permit to add a 5,500 square foot storage structure to the existing building. The difficulty with the request is that the applicant did not specify which portions of the site would be used for outside storage and which would be used for display. The actual flood plain is not a consideration since filling is not involved. Mr. Larson said that he is willing to provide a site plan right away, but would like until the next building season to complete paving and screening requirements. MOTION by Rotty, second by Dau to close the public hearing. APIF, MOTION CARRIED. MOTION by Gerten, second by Rotty to approve the conditional use as requested so that construction may begin this Fall subject to the applicant preparing an acceptable site plan to be reviewed at the October meeting and also subject to implementation of paved parking areas and screening of storage areas within twelve months. APIF, MOTION CARRIED. I 7. Chairman Hanson opened the public hearing advertised for 7:40 P.M. as requested by FEI, Inc. in order to secure a variance to build a third structure on the site north of Highway 50 within 10 feet of the property line. Planner Tooker indicated that there are no grounds for a variance since the building being replaced is 20 feet smaller in width and maintenance of the side yard setback will not impede access to the rear of the lot. Member Rotty disagreed saying that the original building was offset to the east by 70 feet to satisfy a City request to provide space for a north-south collector street along the west property line. Tooker also raised a question about the need for a variance for the building at the rear since there is no other structure that interferes with normal setback requirements further back on the lot. The applicant indicated that he already has a permit to move this structure as it was approved by the City Administrator several weeks ago. MOTION by Rotty, second by Gerten to close the public hearing. APIF, MOTION CARRIED. MOTION by Rotty, second by Dau to approve the requested 15 foot variance since the original hardship was created by the City when it requested a 70 foot wide side yard on the west sid eof the property and because all of the requirements of Section 10-8-6(C) have been met. APPROVED: DAU, GERTEN, ROTTY. OPPOSED: HANSON. MOTION CARRIED . I 8. Chairman Hanson opened the public hearing advertised for 7:50 P.M. as requested by Jon Malinski for a variance to place a neighborhood identification sign at the entrance to Akin Park Estates on the right of way line rather than 20 feet from 193rd Street and 50 feet from County 31. Planner Tooker said that another variance is also involved since the area of the sign structure is 60 square feet rather than the maximum of 50 square feet listed for such signs. Tooker also said that the City of Prior Lake does allow such signs adjoining the right of way line as long as no utility and/or drainage easements are involved. In this particular situation the sign would need to be 10 feet inside both property lines in order not to conflict with the utility and drainage easements. The Commission believed that, because this is the first request for such a sign, the staff should research the topic further, particularly with relation to the overall size of such signs. MOTION by Dau, second by Gerten to close the public hearing. APIF, MOTION CARRIED. MOTION by Gerten, second by Dau to approve the requested setback variance to allow the sign structure as close as 10 feet to both 193rd Street and Akin Road and to grant a 10 square foot size variance in the sign based upon the need for further staff study on an appropriate size for such signs in Farmington. APIF, MOTION CARRIED. I 9. Chairman Hanson opened the public hearing advertised for 8:00 P.M. requested by Rest Well Motel for a conditional use to move an existing house onto the Rest Well complex to be used as a residence for an assistant manager. Planner Tooker said that the City is not well. prepared to talk about the justification for such I I I Planning Commission - Minutes - 9-27-88 165 an accessory use. It is a relatively small motel and by adding residential units for the help, does it change the essential character of this business use? When asked about what is considered typical for the industry generally, Mr. Palmer from Rest Well indicated that the motel industry is difficult to put into specific categories. He said that this operation would benefit from an assistant manager's residence on site because of the way it is organized. Chairman Hanson asked about the density of people and units per square foot of property. The staff has not conducted such an analysis. MOTION by Rotty, second by Gerten to close the public hearing. APIF, MOTION CARRIED. MOTION by Gerten, second by Dau to approve the conditional use to move a building on site as per submitted site plan to house an assistant manager. APIF, MOTION CARRIED. 10. Chairman Hanson called upon Patrick Akin to discuss his request for a sub- division waiver for the property commonly referred to as the Akin Estate. Mr. Akin said that he did not actually want a specific approval, but did hope to get a concept approval for three lots, two of which are to be divided with access from 193rd Street when the Malinski property is developed. He specifically wanted to know if the Commission was serious about requiring 193rd Street in the location shown. The Commission agreed that 193rd street would be required in the location shown and that the concept prepared by Mr. Akin was a good one with only minor variation suggested for the future corner lot. 11. Planner Tooker read a letter from Jack Benedict stating that the parking lot behind Benedict Plaza would be reworked during the month of October. The Commission asked for a letter to be drafted to Mr. Benedict stating that the work must be completed in accordance with the staff plan before October 18, 1988 or that it could no longer be used for employee parking. 12. Chairman Hanson asked for the pleasure of the Commission regarding the proposed amendment to the Zoning Ordinance in Section 10-6-5. Member Rotty believed that only one word needed to be changed in the last sentence, but that it could be presented to the City Council for consideration. MOTION by Rotty, second by Dau to forward Section 10-6-5 Accessory Storage Buildings to the City Council with a recommendation that it should be approved. APIF, MOTION CARRIED. 13. The Commission agreed to adjourn at 8:50 P.M. Submitted by, ~~~ Charles Tooker I~ Planner Approved / Ll -Ie;; - ~CZ Cl<v CJ.JVL<.axJ).~ I I I 167 MINUTES PLANNING COMMISSION REGULAR OCTOBER 18, 1988 1. The Chairman Members Present: Members Absent: Also Present: called the meeting to Dau, Gerten, Hanson, Rotty. Planner Tooker. order at 7:00 P.M. Sampson. 2. Chairman Hanson asked for comments on the minutes of September 27, 1988. Planner Tooker indicated that item 4 in the next to the last line should be amended by adding within 24 months between the words spaces - and. The members questioned the need to specify two car garage since garages are not mandatory. Tooker replied that a garage is mentioned because it is on the site plan. MOTION by Gerten, second by Dau to approve the minutes of September 27, 1988 as amended. APIF, MOTION CARRIED. 3. The Chairman opened the continued hearing for Timothy Carr at 501 Elm Street. Mrs. Carr operates a custom drapery business from their home relying on a two by two and one-half foot sign in the front yard to secure customers. Planner Tooker said that this home occupation conditional use meets all the code criteria except for the sign. The Commission members agreed that an advertising sign is important for any business, but one exception could lead to other requests. They attempted to visualize what a series of home occupation signs could do to existing neighborhood character. Mr. Carr said that, although the sign is important, he does not want to push the issue beyond a simple request. MOTION by Sampson, second by Gerten to close the public hearing. APIF, MOTION CARRIED. MOTION by Gerten, second by Sampson to approve the home occupation conditional use without any variance to the size of sign. APIF, MOTION CARRIED. 4. Planner Tooker directed attention to the site plan prepared by Lee Allan Rose at the request of the Commission to support the application for an accessory apartment at 317 Main Street. Tooker pointed out that the site plan shows only a 30 foot distance between the proposed 2 car garage and the dwelling. In order for maneuvering space as well as two off street parking spots, the house and proposed garage need _ to be 40 feet apart. It was the consensus of the Commission that the off street parking needs for this conditional use would be met only if the garage is built 40 feet to the rear of the dwelling. 5. Planner Tooker indicated that Louis Larson was called regarding the required site plan for the proposed addition to 301 Pine Street. Mr. Larson indicated that one would be available in time for the meeting, but did not follow through. Mr. Tooker said that the Building Official for Farmington has been instructed to issue no building permit for the addition until a site plan has been approved. This action was agreeable to the members present. 6. The Commission then took up a discussion of the employee parking lot for Benedict Plaza. The members were satisfied that a new entrance had been installed but that none of the excess blacktop surface had been removed. The problem is that as long as the old blacktop remains, it will continue to be used. The Commission is concerned that the lot as currently in place allows for no land- scaping between it and the bank drive-thru lane. In addition, the extra entrance onto Ensley Lane constitutes a traffic hazard. The members would like to bring this subject to a close, but are uncertain as to the most appropriate action. 168 MOTION by Sampson, second by Dau to forward a letter to Mr. Benedict that immediate steps should be taken to bring the employee lot into conformance with the City staff plan which was approved by the Commission on April 19, 1988. Specifically, unless the excess blacktop is removed to prevent direct access onto Ensley Lane and space is provided for landscaping between the bank drive out lane and the parking lot as per plan, the City Council will be asked to take remedial action at its meeting of November 21, 1988. APIF, MOTION CARRIED. 7. Planner Tooker reviewed the expanded section on landscaping proposed for the Farmington Zoning Ordinance. The changes came about due to a rewrite of the Downtown Plan being prepared for the Housing and Redevelopment Authority. The Authority generally agreed that there was a need for specific standards on landscaping but wished to have them appear in the zoning ordinance rather than in the Plan. MOTION by Sampson, second by Dau to forward the proposed amendment on Landscaping to the City Council with the recommendation that it be adopted following a public hearing. APIF, MOTION CARRIED. 8. The Commission agreed to adjourn at 8:00 P.M. Submitted by, (Ji...1v fwRv-. Charles Tooker Planner Approved ) J, - ~D .- ~ Cb I I I I I I 169 MINUTES PLANNING COMMISSION SPECIAL NOVEMBER 22, 1988 1. The meeting was called to order at 5:00 P.M. by Chairman Hanson. Members Present: Dau, Hanson, Rotty, Sampson. Members Absent: Gerten. Also Present: Planner Tooker. 2. The Chairman asked for staff comments on the site plan prepared for Louis Larson, 301 Pine Street which was required as one of the conditions necessary before the building addition could commence. Planner Tooker indicated that the revised plan on the table did indeed conform to staff recommendations and that the staff recommended approval subject to a letter of credit from Mr. Larson drawn in favor of the City of Farmington covering 125% of the estimated cost of improvements. Mr. Larson wondered what would happen if he could not get a letter of credit. Chairman Hanson said that the applicant should have no trouble in securing one from his bank and that the service might cost him in the neighborhood of one to two hundred dollars. Mr. Larson asked if the planting could be deferred longer than the original 12 months specified by the Commission. There was agreement by the Commission that it would look favorably on an extension if necessary, but because the actual cost of improvements will be three thousand dollars less than the letter of credit, such an extension would not make sense at this time. MOTION by Rotty, second by Sampson to approve the site plan as presented including approximately 7,500 square feet of new blacktop surface for the display area and customer parking, plus the plantings as noted, subject to Mr. Larson providing a letter of credit to the City of Farmington in the amount of $18,500, which will allow the City to draw upon it if the improvements specified have not been installed by September of 1989. The Commission views the letter of credit as an assurance that the improvements indicated will be installed by the City if necessary, but is willing to consider a review of the conditions of approval with the applicant upon request prior to the end of September, 1989. APIF, MOTION CARRIED. 3. The Commission agreed to adjourn at 5:25 P.M. S~}alb~~ Charles Tooker Planner Approved \(~ - ,~O- ?5~ I I I " MINUTES PLANNING COMMISSION REGULAR DECEMBER 20, 1988 1. Chairman Hanson called the meeting to order at 7:00 P.M. Members Present: Gerten, Hanson, Rotty. Members Absent: Dau, Sampson. Also Present: Planner Tooker, Solid Waste Coordinator Williamson. 171 2. The Chairman asked for comments on the minutes of November 22, 1988. MOTION by Rotty, second by Hanson to approve the minutes of November 22, 1988 as produced. APIF, MOTION CARRIED. 3. The Chairman then opened the public hearing advertised for 7:00 P.M. which was requested by Al Christensen of 20374 Eaves Way who needs a variance from the zoning ordinance to install a 65 foot tower for his radio antenna. Planner Tooker indicated that the ordinance specifically authorizes the Board to grant height variances for radio towers but the main issue is aesthetics. Mr. Christensen said that the tower will be fastened to both house and garage as well as being placed in a concrete footing. There will be no need for guying. MOTION by Rotty, second by Gerten to close the public hearing. APIF, MOTION CARRIED. MOTION by Gerten, second by Rotty to approve a 20 foot variance to install a 65 foot radio tower based upon the location of this property which is substantially lower than the immediately surrounding area. APIF, MOTION CARRIED. 4. Planner Tooker reviewed the project recommended by City staff from an application to the Celebrate Minnesota program. The money, if approved, would help visually improve the existing railroad right of way between Elm Street and Oak Street with special emphasis on the west side of the tracks. The concept is an outgrowth of the Thompson design study for downtown Farmington and would begin to implement a recommendation to link downtown with ample green space along the Vermillion River. The major improvements include an eight foot wide pedestrian way leading through berms with trees, shrubs and grass cover plus paved eating and sitting areas. All improvements would be separated from the tracks by a thirty inch high steel barrier. The reaction from Commission members ranged from "It's on the wrong side of the tracks" to "The railroad will be detrimental to use of the site by children". The more positive comments included a resigned "Yes, it's OK, they're going to do it anyway" and "What downtown really needs is someone to invest in commercial space in the block occupied by the old Dakota County Tribune building." Since no action was required, the discussion turned to the next agenda item. 5. The subject of two zoning ordinance amendments was introduced by Planner including additional wording requested by the City Attorney in the proposed Ordinance amendment on landscaping and a new proposal which would define res recovery and allow it as a Conditional Use in the Industrial District. The issue received a great deal of attention with questions directed to Solid Wa Coordinator Williamson concerning the suitability of the west side of Farmin as the appropriate location for such a facility. Member Gerten was concerne about the use of sludge from the MWCC treatment plant in Empire and Member R questioned the possibility of odors being emitted from the plant since he ha a bad experience with the existing composting operation on Highway 52 northe of Empire. Member Hanson was concerned about the City running its own solid Tooker oning urce econd te ton tty had st waste 172 system, while Rotty indicated that since Farmington is the only community I approaching solid waste in this fashion, that possibly it should reconsider other options. There was consensus that since all five members were not present, that action should be deferred until the January meeting. Mr. Charles Hanson, who lives on Empire Trail in Farmington and operates TriState Tree Service, said that solid waste handling is a serious problem for the entire metropolitan area and this approach appears to be the most creative solution he has observed. He said his reason for being at the meeting involved a miscommunication, but that he was happy to be a participant. 6. Since no other business was to be taken up, the Commission agreed to adjourn at 8:10 P.M. suou~~ Charles Tooker Planner Approved 1- If), ~(1 I I