HomeMy WebLinkAbout1997
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MINUTES
PLANNING COMMISSION
REGULAR
JANUARY 14, 1997
1. Chair Schlawin called the meeting to order at 7:00 P.M..
Members Present: Gramentz, Larson, Schlawin.
Members Absent: Schwing.
Also Present: Interim City Planner Schultz, Administrative Assistant Finstuen.
2. Chair Schlawin asked for comments on the minutes of the meeting of
December 17, 1996. MOTION by Larson, second by Gramentz to approve the minutes
as submitted. APIF, MOTION CARRIED.
3. Chair Schlawin opened the hearing to discuss the schematic plan of pine
Ridge Forest PUD. Mr. Schultz introduced the concept for the PUD. Because of
elevation changes on site, City engineering staff had requested information
which was not normally required until the preliminary plat is submitted. After
initial review by City engineering, a meeting with Westergren and Associates,
project engineers, was requested. This resulted in a second submittal of
grading and utility plans. Mr. Schultz indicated that staff was recommending a
continuation of the hearing until the City engineering staff has had sufficient
time to review the new plans and for the project engineer to make any requested
changes. It was also noted that the PUD would need to be either approved or
denied at the February Commission meeting in order to meet time limitations.
Dan Westergren, project engineer, stated that he was working with City staff to
solve problems with the slope on the site. Interim planner Schultz expressed
some concern regarding adequate water pressure to some of the lots. The
developer, Tim Giles, responded that water faucets would not be allowed over
certain heights on some lots. Chair Schlawin asked how the outlots, referring
to those along Nelsen Hills Farm, would be platted. Mr. Giles responded that
would be worked out before the PUD was finalized in February. MOTION by
Larson, second by Gramentz to continue the public hearing until February 11,
1997. APIF, MOTION CARRIED.
4. Chair Schlawin opened the hearing requested by Warren Israelson of Progress
Land Company to amend the Prairie Creek PUD to allow the conversion of the
Stegmaier homestead into office space. Donna Ramero expressed concern about
traffic created by the change in use. Mr. Israelson explained that there were
only going to be 8 offices which would generate 1 or 2 trips each per day.
Questions were raised regarding future use of the site, should the house one
day be destroyed. Chair Schlawin stated that the PUD could be amended again in
order to preserve the integrity of the PUD. The Planning Commission requested
that Progress submit a landscaping plan for staff review prior to final
approval. MOTION by Larson, second by Gramentz to close the public hearing.
APIF, MOTION CARRIED. MOTION by Gramentz, second by Larson to forward a
recommendation to the City Council recommending approval of the amendment
subject to the submittal and approval of the landscaping plan. APIF, MOTION
CARRIED. After the public hearing was closed, Kimberlee Bovee submitted a
petition with 18 signatures of residents who were opposed to amending the PUD
to allow this use. She stated that it was their belief that the lot would be
used for new house construction. Mr. Israelson stated it was always his
intention to save the homestead as a residence, however because of changes
within the PUD, it would not be feasible because of costs and its proximity to
:-Pilot Knob Road. Ms. Bovee stated that it was'her opinion that commercial use
is not an adequate buffer for the res:Cdences to the east of the homestead.
S. Chair Schlawin opened the public hearing scheduled for 8:00 P.M. to discuss
the application of American Portable Telecom (APT) for a conditional use to
locate an antenna on the existing Dakota Electric tower. Planner Schultz
stated that a foundation test was not adequate because APT could not locate a
soils test for that site. Chair Schlawin asked the APT representative why the
tests were not done. The representative stated the company was in the process
of tracking down a soils test done by Dakota Electric and when it is received
they will do a foundation test. The representative also stated that APT would
not add to the tower if they did not believe it could support the extra weight.
MOTION by Gramentz, second by Larson to close the public hearing. APIF, MOTION
CARRIED. MOTION by Gramentz, second by Larson to approve the conditional use
permit for APT contingent upon the receipt of a soils test and a signed
statement by a certified ~egistered engineer that the tower meets all weight
requirements. APIF, MOTION CARRIED.
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6. The public hearings scheduled to discuss the East Farmington PUD amendment
and the preliminary plat of East Farmington 3rd addition were opened. Interim
Planner Schultz explained the PUD amendment involved the reconfiguration of
lots sizes and block layouts. Chair Schlawin asked how many additional lots
will be added to the addition. ' Mr. Schultz stated that 15 would be added.
Schlawin asked if any lots were less than 6000 square feet in size. Mr.
Schultz responded there were not. Kevin Haan asked how many lots remained at
80 feet in width. Mr. Schultz did not have an exact number, but stated that a
number of 80 foot lots would remain. Jim Sturm of James R. Hill and Associates
said that it would be only a slight change from blocks already developed, since
the builders have been orienting the houses to e~tend toward the back of the
lot. Member Schlawin asked how this would affect house prices. Mr. Sturm
responded that the change would encourage higher priced housing because of
lower lot costs. Member Schlawin said that he was 'opposed to amending the PUD.
Allen Youngkrantz, a builder in the development, stated he did not believe
there was an agreement to retain 80 foot wide lots. He also felt that while 80
x 100 lots were nice, some houses could have been placed on smaller lots.
MOTION by Larson, second by Gramentz to close the public hearing. APIF, MOTION
CARRT-ED. MOTION by Schlawin, second by Larson to deny the proposed amendment
to the East Farmington PUD and to continue~he hearing to discuss the preliminary
plat of East Farmington 3rdAddition until February 11, 1997. APIF, MOTION
CARRIED.
7:. The public hearing to consider the preliminary plat of Nelsen Hills Farm
6th Addition was opened. Interim Planner Schultz indicated that comments from
th~ SWCD suggested concern about the potential for accelerated erosion due to
the Nelsen Hills Farm 5th Addition development. Mike Devney stated he was
concerned about erosion on their farm land from the development. It was
indicated that silt fencing had been installed, however, Mr. Devney pointed out
that this was from the 5th Addition. Project Engineer Bob Wiegert stated that
the discharge rate had been resolved through discussions with the SWCD and that
runoff will not increase from current levels. Chair Schlawin suggested that
the developer and Devney's meet to attempt to resolve the issue. Mr. Wiegert
indicated that Heritage would be willing to build a sedimentation pond in the
7th Addition; and that they would work with the Devney's to resolve the erosion
concerns. MOTION by Larson, second by Gramentz to close the public hearing. ,
APIF, MOTION CARRIED. MOTION by Gramentz, second by Schlawin to approve the U
preliminary plat and recommend its approval to the City Council contingent upon
the resolution of the erosion control issue to the satisfaction of both the
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SWCD and the Devneys. VOTING FOR: Gramentz, Larson. ABSTAIN: Schlawin.
MOTION CARRIED.
8. Chair Schlawin introduced discussion of the Bongard Trucking Conditional
Use permit's change of ownership. Gary Reese, dba Stagecoach Express, is in
the process of purchasing the property and continuing the same land use. He
indicated that he would have approximately 15 trucks and 20 trailers. The
Planning Commission informed.Mr. Reese that he could not expand the use of the
property and the trucks must be parked behind the building. MOTION by
Sdhlawin, second by Gramentz to approve all changes as long as the conditional
use remained. APIF, MOTION CARRIED.
9. Tim Downey requested information regarding the process he would need to
follow in order to build a garage on one of his two lots. The members informed
him that he must first combine his two lots to meet building coverage and
zoning regulations and suggested he contact City staff for more information.
10. Chair Schlawin introduced discussion on the variance appeal process
ordinance. It was recommended to delay action until the February meeting in
order to allow the new City Planner time to review it. The Commission members
also felt City staff needed to look into improving the fence ordinance along
with the appeal process amendment.
11. MOTION by Schlawin, second by Gramentz to adjourn at 10:00 P.M.. APIF,
MOTJ:ON CARRJ:ED.
Submitted by,
Michael Schultz
Interim Planner
Approved
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MINUTES
PLANNING COMMISSION
REGULAR
FEBRUARY 11, 1997
1. Chair Schlawin called the meeting to order at 7:00 P.M..
Members Present: Larson, Schlawin, Schwing, Keagy, Simones.
Members Absent: None
Also Present: Administrative Assistant Finstuen, Planning Coordinator
Smick, Interim City Planner Schultz.
2. Chair Schlawin opened asked for comments on the minutes of the meeting of
January 14, 1997. Chair Schlawin noted an error in the minutes in item #4, 6 and
9. Item #4 was corrected by stating that the intention of the property was to
remain as a residence, however, because of changes within the POD, this was not
feasible. Item #6 was corrected to exclude the additional motion in item #7 and
item #9 was corrected to state that all of the changes were approved as long as
the conditional use permit remained intact. MOTION by Schlawin, second by Larson
to approve the minutes as presented. VOTING FOR: Schlawin, Larson. ABSTAIN:
Schwing, Keagy, Simones. MOTION CARRIED.
3. Chair Schlawin asked Administrative Assistant Finstuen to administer the Oath
of Office to new members Karla Keagy and Chris Simones.
4. Chair Schlawin proposed to take the agenda out of order while waiting for the
first public hearing time at 7:15 and begin by discussing the Commission/Council
annual retreat. Administrative Assistant Finstuen informed members the retreat
would be on March 8th from 8:00 AM to 2:00 PM and would include members of the
Planning, Heritage Preservation, Parks and Recreation, and Senior Center Advisory
Commissions, and Chamber of Commerce. Chair Schlawin broke off the discussion
because the first public hearing needed to be opened and stated that the retreat
would be discussed later in the meeting.
5. Chair Schlawin opened the hearing to discuss the ordinance amending off
street parking. Interim Planner Schultz stated the ordinance would allow wider
accesses along collector and local streets in industrial areas to serve truck off
street loading areas. Mr. Schultz indicated the access along collector streets
would be widened to 32 feet and 60 feet at the street right-of-way along local
streets. Mr. Schultz stated this would ease the turning radius for trucks and
recommended the amendment be forwarded to the City Council. Member Keagy
questioned the reasons for amending the ordinance. Chair Schlawin stated that
variances had been granted for wider accesses because of damage to curbs and
grass areas by semi-trucks in industrial areas and, therefore, staff was directed
by the Commission to amend the ordinance. MOTION by Larson, second by Schwing to
forward the proposed ordinance to the City Council. APIF, MOTION CARRIED.
6. Chair Schlawin requested discussion of the appeals process for variances take
place while waiting for the 7:30 public hearing. Interim Planner Schultz stated
this was a continuation of discussion held at the January 14th Commission
meeting. Chair Schlawin stated the wording in the ordinance should be reviewed
because the phrase "a party may appeal a decision by the Zoning Board of
Adjustment when there is alleged to be some error in any finding of fact,
procedure or other finding made by the Board" could be interpreted by a developer
as a way to automatically appeal to the City Council when the Planning Commission
does not approve a variance. He stated this would promote too many occasions for
a disagreeing party to appear before the City Council on appeal. He stated he is
in favor of an appeals process, however, the wording should be used to limit
appeals to procedural issues only. Administrative Assistant Finstuen stated the
ordinance could be written as "an alleged error in procedure". Chair Schlawin
postponed discussion of the ordinance revision until later in the meeting.
7. Chair Schlawin opened the hearing to discuss the Schematic Plan for Pine
Ridge Forest PUD. Interim planner Schultz stated the County GIS materials issue
and the Enron Gas line easement had been resolved. Jay Hill of Westergren &
Associates addressed the issue of the rear yard slopes being too steep by stating
that parkland would be encroached by ten to twenty feet and existing trees in
that location would be either sold to the City for park use, sold to Deer Meadow
2nd, or used on the Pine Ridge Forest site. He also stated that he had worked
out an agreement with Heritage Development to combine two outlots on the Pine
Ridge Forest site with two outlots on the Nelson Hills property. Chair Schlawin
stated that trees located in the encroachment area should not be purchased by the
City because of ethical reasons. He also stated the lot lines should remain as
~llustrated on the plan and the development should include an agreement to
revegetate the site. Mr. Hill stated the encroachment area has a slope of 4:1.
Chair Schlawin informed Mr. Hill it was important that good erosion control
measures be followed to insure there would be no wash out in the area due to the
steep slope. Steve Rahman, 18515 Exodus Avenue, explained that the road is
elevated five feet near his garage and the grading from the road should taper
back from the road along the adjacent ditch, and the ditch area should blend into
the slope near his home. Chair Schlawin agreed that Mr. Rahman's grading
problems should be dealt with through the Pine Ridge Forest PUD process. Interim
Planner Schultz questioned whether this was the schematic plan or the preliminary
plat stage. Mr. Hill stated it was his impression the plan was at the
preliminary plat stage because all fees were paid and the information had been
submitted for a preliminary plat. Chair Schlawin disagreed and stated it was a
schematic plan and not the preliminary plat. MOTION by Larson, second by Schwing
to continue discussion of the PUD at a special meeting on February 25, 1997,
however, because of time limitations, the Schematic Plan should be forwarded to
the City.Council with the following conditions:
A. City receipt of a letter of agreement between the developer of Pine Ridge
Forest POD and Heritage Development regarding the outlots on both properties;
B. the schematic plan must address the following:
· encroachment of the eastern portion of the lots into parkland,
· the control of water flow on the site,
· the grading near the home located at 18515 Exodus Avenue,
· a detailed tree planting plan,
· any requirements requested by City Engineering staff after their review, and
· a letter from the Metropolitan Council approving the western portion of the
PUD which is outside of the MUSA.
APIF, MOTION CARRIED.
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8. Chair Schlawin opened the hearing to discuss the preliminary plat for Cameron
Woods PUD. Jack Benedict, the developer, stated that 3.5 acres of land will be
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donated to the City for whatever use it deemed appropriate. Nancy Stein, 5550
Upper 193rd, inquired about the loss of trees within the required 50 foot buffer
area. She would like the buffer area increased and requested that the developer
install a 6 foot high fence along the curves of the development to deter the view
of headlights for adjacent residents. Jeff Pilla, 5594 Upper 193rd, inquired
about the need for review of the architectural design of the townhomes. He wanted
to see some creativity in building design rather than a block style type of
townhome. He also had concerns with the grading along the north and south
borders of the site. Chair Schlawin stated that elevations for the townhomes was
required to be submitted with the application. Mr. Benedict stated he was not
aware of the requirement for elevations and was under the impression that the
copy of the Wensmann Home drawings he had submitted earlier in the process would
be sufficient to meet the elevation requirements. Member schwing stated that the
Wensmann Homes were not a representation of the Cameron Woods project. Chair
Schlawin agreed with Member Schwing. He stated that the developer is required to
submit building footprints and elevations as part of the PUD. Mr. Benedict
.agreed to submit elevations, but stated that if each use change on the site
needed to come before the Planning Commission for elevation approval, it would
slow the completion of the project. Judy Bryant, 5606 Upper 183rd, voiced
concern regarding the location of the construction access to the property. She
said that construction trucks along Euclid Avenue would create safety hazards.
Jack Benedict responded that the original owner of the site, Gary Cameron, would
remain on the property for a while and had originally wanted to move his house to
another location. Chair Schlawin asked if Mr. Cameron would allow construction
trucks to use his access driveway. Mr. Benedict responded that he did not have a
written agreement with Mr. Cameron to use his access. He stated trucks could
possibly access the site through the City'S water reservoir access road. He
remarked that residents in the area would need to understand that construction
trucks would need to access on Euclid Avenue. He stated the first lot to be
developed would be Lot 4. Interim Planner Schultz stated the grading plan shows
that no trees will be removed or moved on the north and south borders of the
site. He also stated that Dakota County had approved the road plans. MOTION by
Schwing, second by Larson to close the public hearing and discuss the requested
building elevations for the project at a special hearing on February 25th. APIF,
MOT:ION CARR:IED.
9. Chair Schlawin opened the hearing for East Farmington 3rd Addition. He
requested the hearing be continued to March 11, 1997. MOTION by Larson, second
by Schwing to continue the public hearing for East Farmington 3rd Addition until
March 11, 1997. APIF, MOTION CARRIED.
10. Chair Schlawin reopened discussion of the variance appeals process ordinance
and requested staff further review the wording of the ordinance and present their
findings at the next Planning commission meeting. He also requested the Planning
Commission be made aware, in writing, when an appeal is made to the City Council
so members could be present at the meeting. He requested staff present their
findings at the March 11, 1997 Planning Commission meeting.
11. Chair Schlawin opened discussion for amending the fence ordinance by
directing staff to review fence regulations in surrounding communities. Staff
should present their findings at the March 11, 1997 meeting.
12. Chair Schlawin opened discussion concerning a meeting with the Met Council
on the MUSA expansion Comprehensive Plan amendment. Interim planner Schultz and
the City Administrator had met with the Met Council on February 7th, and were
informed that the Met Council was still in the discussion stages of the amendment
process.
13. Chair Schlawin continued discussion of the Commission/Council Retreat and
listed a number of topics which could be discussed. The list included the review
of low density housing in the City, fencing issues, discussion of the park
referendum including the proposed regional park at 195th, land usage issues,
education on PUD's and the status of County Road 31. Members discussed other
possible topics including the need for a joint Planning Commission meeting
between the City and Empire Township, information concerning the status of the
Comprehensive Plan, the need to meet with the School Board, and the need for
additional meetings during the year with the City Council to keep each other
informed of varying topics.
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14. Chair Schlawin requested nominations for Commission officers for 1997.
MOTION by Larson, second by Schwing to appoint Craig Schlawin as Chair for 1997.
VOTING FOR: Larson, Schwing, Keagy, Simones. ABSTAIN: Schlawin. MOTION
CARRIED. MOTION by Keagy, second by Larson to appoint Rob Schwing as Vice Chair
,for 1997. VOTING FOR: Schlawin, Keagy, Larson, Simones. Abstain: Schwing.
MOTION CARRIED.
15. Interim Planner Schultz discussed a proposal to remove two existing
buildings at the corner of 3rd and Ash Streets to construct townhomes on the
site. Chair Schlawin requested a meeting with the owner of the property to
discuss the details of the proposal.
16. Planning Coordinator Smick opened discussion of a proposal to use a vacant
concrete storage garage at 821 Third Street as a holding area for animals for the
4 Paws Animal Control Company. The site is an existing nonconforming use located
in an R-1 zone with residential uses to the east and west and business uses to
the north and south. Chair Schlawin requested a meeting with the owner of the
company be set to discuss the details of the proposal.
17. MOTION by Schlawin, seconded by Larson to adjourn at 9:25 PM. APIF, MOTION
CARRIED.
Submitted by,
Lee Smick
Planning Coordinator
Approved
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Minutes
Planning Commission
Special
February 25, 1997
1. Chair Schlawin called the special meeting to order at 7:00 P.M..
Members Present: Keagy, Larson, Schlawin, Schwing.
Members Absent: Simones
Also Present: Planning Coordinator Lee Smick, Planning Intern Michael Schultz
2. Chair Schlawin opened the continued hearing on the schematic plan for Pine Ridge Forest
PUD. Lee Smick discussed some of the major issues that have stalled this development, which
include a four acre portion of the development that extended beyond the MUSA boundary,
conditions of outlots between this development and Heritage Development. Also included were;
. encroachment of the eastern portion of the lots into parkland, the control of water flow on the
site, grading near the home located at 18515 Exodus Avenue, detailed tree planting plan, and any
requirements requested by City Engineering staff after their review. Staff requested that the
developer make a written request to the City since the 60 day review process had passed, the
developer had no problem with this. Dan Westergren, the developers engineer, stated that they
are working with Heritage on the grading problems and the agreement for the two (2) outlots. He
also stated that the retaining walls will be installed for abutting Terra residents near the park.
Larson asked about the phasing plans and what will be done with the area outside ofMUSA.
Westergren stated that it will be graded to prepare it for development when MUSA would be
assigned to that area. Steve Rahman of 18515 Exodus Ave. was concerned about grading near
his property due to the elevation differential between his lot and the development. Westegren
stated that they will take care of it, Planner Smick said that it will become part of the Developer's
Agreements. Schlawin asked when grading on the site would start and when the above
landowner's property would be fInished. Westergren stated that it would probably be completed
by June 1, 1997. MOTION by Larson, second by Schwing to close the public hearing. APIF,
MOTION CARRIED. Motion by Larson, second by Schwing to approve the schematic plan
for Pine Ridge Forest PUD contingent upon clarification on matters concerned with the
encroachment of the eastern portion of the lots into the parkland, control of water flow on site,
grading near the home of Ig515 Exodus Ave. be worked out with the owner of the lot, a detailed
tree planting plan be approved by the Planning Coordinator, and any requirements indicated by
City Engineering Staff. APIF, MOTION CARRIED.
3. Chair Schlawin opened the continued hearing for the Preliminary Plat of Cameron Woods
PUD. Planner Smick described the development and the current status of it. Ms. Smick than
introduced the elevation models that were requested by the Planning Commission in the previous
meeting. Larson asked if the elevations being shown were the Wensmann Townhomes. Ms.
Smick stated that they were similar but have some minor variations. Discussion ensued over the
appearance of the typical building elevation. The Commission reviewed the previous
recommendations for the project and agreed that a planting requirement for the area around the
curved drivepaths to help eliminate headlight glare should be added to the final plat. Motion by
Schwing, second by Larson to close the public hearing. APIF, MOTION CARRIED.
MOTION by Schwing, second by Keagy to approve the preliminary plat conditional to the
planting diagram dealing with the headlight glare. APIF, MOTION CARRIED.
4. Chair Schlawin introduced discussion on the appeal on variance process. Planner Smick
presented wording from other communities on the topic. Lee Smick gave the Commission
recommendations of how the ordinance could be reworded to appear more conditional. The
Commission raised questions of the process of a variance appeal. Schwing recommended that
the appeals process should have attached a ,fee and that the City Council would need to pass the
appeal with a 4/5 vote. The Commission went on to discuss possible conflicts that could arise.
5. Discussion was opened on the topic of rewording the fence ordinance. Discussion took place
over the matter of allowing six (6) foot fences along the nonfront sides of corner lots. Schlawin
stated that he was not only concerned with the aesthetic value of the tunneling affect that might
occur, but also the public safety aspects of a six foot high fence. , Conversation continued on
possible solutions to reword the ordinance in a way that would be acceptable to the safety of the
community. The Commission resolved that the ordinance should remain as worded.
6. Motion by Schlawin, second by Larson to adjourn at 9: 15 P .M.. APIF, MOTION
CARRIED.
Submitted by,
Lee Smick, Planning Coordinator
Michael Schultz, Planning Intern
Approved
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MINUTES
PLANNING COMMISSION
REGULAR
MARCH 11, 1997
1. Chair Schlawin called the meeting to order at 7:00 P .M..
Members Present: Larson, Schlawin, Schwing, Keagy, Simones.
Members Absent: None
Also Present: Planning Coordinator Smick, Planning Intern Schultz.
2. Chair Schlawin requested comments on the minutes of the meeting held February 11,
1997. Schlawin noted an error in the minutes in paragraphs 6, 7, 9 and 13. Paragraph 6
was corrected with the additional verbage of "or resident" after the word developer in line
3. Paragraph 7 was corrected with the addition of "have to be" after .....area should not".
It was requested that in Paragraph 9 East Farmington be referred to as "Park Place". Also
in Paragraph 13, the word "functionality" should be placed after "...need for a joint".
MOTION by Schwing, second by Keagy to approve the February 11, 1997 minutes
subject to the suggested changes. APIF, MOTION CARRIED.
3. Chair Schlawin requested comments on the minutes of the meeting held February 25,
1997. MOTION by Schlawin, second by Schwing to approve the minutes as presented.
APIF, MOTION CARRIED.
4. The public hearing scheduled to discussion the preliminary PUD for Pine Ridge
Forest was opened by Chair Schlawin. Planner Smick reintroduced the subject property
and the proposed project to the Commission. Ms. Smick recommended approval of the
PUD subject to inclusion of City Engineering staff recommendations and payment of
appropriate fees. Member Larson asked Tim Giles, developer of Pine Ridge Forest, if all
the elevations had been corrected to insure adequate water pressure. Mr. Giles stated they
had. Chair Schlawin asked if an agreement had been reached between the respective
developers concerning the outlots. Mr .Giles stated that it had and that it will be written
into the contract agreement. Member Schwing inquired if the grading issue had been
worked out with the resident at Ig515 Exodus. Mr. Giles stated that it had. Member
Larson asked Planner Smick if the ponding issue had been settled. She stated that it will
be a permanent pond outside of MUSA. Chair Schlawin then asked if the pond will
remain permanent even if MUSA is not granted in that area. Mr. Giles stated that it
would. MOTION by Schwing, second by Keagy to close the public hearing. APIF,
MOTION CARRIED. MOTION by Larson, second by Simones to approve the
preliminary PUD subject to engineering approval, payment of appropriate fees and
execution of an agreement by the developers on the grading on the Rahman property.
APIF, MOTION CARRIED.
5. Chair Schlawin opened the public hearing for a request to expand a nonconforming
use at 500 Willow Street. Ms. Smick introduced the situation by stating that the
landowner, Timothy Downey, is requesting to construct a new garage on his residential
property which is located in an 1-1 Light Industrial Disttrict. Chair Schlawin asked
Mr. Downey ifhis old garage would eventually be torn down. Mr. Downey responded
that it would.. Member Schwing asked if the garage will resemble the residence.
Mr. Downey stated that it would. MOTION by Schwing, second by Simones to close
the public hearing. APIF, MOTION CARRIED. MOTION by Schlawin, second by
Larson to approve the variance for expanding a nonconforming use based on the owner's
commitment level to improve the property and that the industrial use within this 1-1
District is not expanding. APIF, MOTION CARRIED.
6. Chair ScWawin opened the public hearing for the amendment to the Zoning Code by
providing an appeal procedure for denied variance requests. Planner Smick described the
proposed procedure to the Commission. Commission members and Ms. Smick discussed
the wording of the amendment. Chair Schlawin stated the fee would be paid with the
written appeal. Member Schwing suggested that the word "usage" should be added to the
term "construction" in line 2, paragraph 2. Chair Schlawin suggested that a 60 day time
frame for the hearing period would be consistent and appeal to everyone; Planner Smick
agreed. Member Schwing asked if the appellant could continually pull the appeal from
the agenda; Ms. Smick stated they could. MOTION by Schwing, second by Simones to
close the public hearing. APIF, MOTION CARRIED. MOTION by Schwing, second
hy Simones to approve the amendment subject to the following corrections; add "are in
dispute" at the end of line 1, delete term "Planner" from line 2 in paragraph 1. Add "and
or usage" after the term "construction" in paragraph 2. Change 30 days to 60 days in line
1, add "adjacent to the subject property disregarding public rights of way" after the term
"owners" in paragraph 3. APIF, MOTION CARRIED.
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7. Chair ScWawin opened the public hearing scheduled for 7:45 P.M to discuss the
proposed amendment to the fence ordinance. The Planning Commission discussed
various possible scenarios associated with the ordinance and also discussed adding fence
maintenance and materials to the amendment. Leonard Lee, 5264 186th St., voiced his
disapproval of the current ordinance and asked why the City's ordinance and enforcement
are not similar to surrounding communities. Chair ScWawin stated that some
communities don't have an ordinance. He went on to state the Commission has to
consider all potential situations not just one in particular. It was also his opinion that the
wording of "up to 6 to g feet" should be changed to "at 8 feet". The Commission stated
concerns over the wording in paragraphs "G" and "H" and requested that they be
reworded to avoid confusion. MOTION by Schlawin, second by Schwing to continue
the public hearing on the fence ordinance amendment. APIF, MOTION CARRIED.
8. Discussion was held on the possibility of a home occupancy permit for the residents of
18549 English Avenue. The residents stated they were considering growing medicinal
plants in their basement. Questions were raised by the Commission over what types of LJ.
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plants were planned, the process and equipment that would be used, water use, and if any
additional structures would be needed.
9. Mark Peltier requested discussion with the Planning Commission on the proposed
Dakota Mini Storage. Planner Smick introduced the proposed facility. Mr. Peltier added
critical points of interest to the Commission. Questions and comments were asked of the
developer concerning his plans. Mr. Peltier responded with the details of the facility and
the site.
10. MOTION by Schwing, second by Simones to adjourn at 9:30 P.M.. APIF,
MOTION CARRIED.
Submitted by,
Lee Smick, Planning Coordinator
Michael Schultz, Planning Intern
Approved
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PLANNING COMMISSION
MINUTES
APRIL 8, 1997
1. Chair Schlawin called the meeting to order at 7:00 P.M..
Members Present: Schlawin, Keagy, Larson, schwing, Simones.
Members Absent: None.
Also Present: Planning Coordinator Smick.
2. Chair Schlawin requested comments on the minutes of March 11, 1997. MOTION
by Larson, second by Schwing to approve the minutes as presented. APIF, MOTION
CARRIED.
3. Chair Schlawin opened the continued public hearing on the proposed fence
ordinance amendment. Planner Smick reviewed the list of amendments to Ordinance
10-6-15. Changes reviewed were setbacks of fences on corner lots; variance
requirements for fences over 6 feet in height up to 8 feet in height; minor
language revisions; addition of fence material requirements. It was staff's
recommendation to forward the proposed ordinance amendments to Council for
approval. Chair Schlawin questioned the reasoning behind the changes. Planner
Smick responded that the amendments were in response to recent questions raised
about fences on corner lots. Scott Siedel, 18607 Egret Way, asked Commission
members if they would be open to variances for corner lots under certain
conditions, such as for day care facilities. Discussion followed regarding
possible criteria for granting variances from the fence ordinance. MOTION by
Larson, second by Keagy to close the public hearing. APIF, MOTION CARRIED.
MOTION by Schwing, second by Larson to recommend approval of the revised fence
ordinance to Council. APIF, MOTION CARRIED.
4. ChairSchlawin opened the public hearing for review of the preliminary and
final plat of Dakota Mini Storage. Ms. Smick informed members that the
developer, Mark Peltier, has requested a continuation of the hearing to a later
date. Member Schlawin requested additional information regarding the gas line
easement which runs through the industrial park and the proposed development.
Ms. Smick stated that Grant Jacobson, the developer's engineer, informed her that
Enron has a blanket easement over the area. Chair Schlawin asked why the City
Attorney had recommended platting of English Avenue and 210th Street on this
plat. Coordinator Smick responded it was to ensure road placement to avoid
realignment in the future. Mr. Schlawin questioned whether the requirement was
legally enforceable. Ms. Smick will review the question with City Attorney
Grannis. Concerns regarding storm water management on the plat are being
discussed between City Engineer Mann and the developer. MOTION by Larson, second
by Schwing to continue the public hearing until a later date. APIF, MOTION
CARRIED.
s. Chair Schlawin opened the public hearing for review of an amendment to the
height regulations ordinance. Coordinator Smick explained that the amendment was
proposed in order to satisfy Met Council requirements for a notification process
near airports in conjunction with the proposed Comprehensive Plan Amendment. The
amendment would be an addition to Section 10-6-20 (F). MOTION by Larson, second
by Schlawin to close the public hearing. APIF, MOTION CARRIED. MOTION by
Schwing, second by Simones to forward the proposed amendment to the City Council
for approval. APIF, MOTION CARRIED.
6. Planner Smick stated she had been contacted by owner of the Budget Mart on
TH 3, Mike Wheelock, regarding installation of a 6 foot wood fence between his
property and adjacent residential development. The developer of East Farmington
is retaining a stand of trees behind the car wash on Budget Mart property and the
fence could not follow the property line because of them. Member Schlawin stated
the fence did not have to follow a specific path and was a requirement of the
conditional use for the car wash. It was the consensus of the Commission to
approve the fence placement.
7. MOTION by Larson, second by Schwing to adjourn at 9:30 P.M.. APIF, MOTION
CARRIED.
Submitted by,
Lee Smick
Planning Coordinator
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planning COMMISSION
MINUTES
APRIL 22, 1997
1. Chair Schlawin called the meeting to order at 7:00 P.M..
Members Present: Schlawin, Keagy, Larson, Schwing.
Members Absent: Simones.
Also Present: Planning Coordinator Smick, Community Development Director Olson.
2. Coordinator Smick presented a request from the City's Parks and Recreation
Department for a variance from setback requirements in order to build a team room
addition to the ice arena. Member Larson asked whether the City had received an
option to purchase the land from Frontier Communications. Parks and Recreation
Director Bell stated that an unofficial agreement existed. Member Schlawin asked
how long the easement would be in effect. Mr. Bell responded that it was a
temporary construction easement and would terminate when construction was
complete. He also stated there would be no building access from the team room
addition. A preliminary sketch of the proposed team rooms was reviewed. MOTION
by Larson, second by Schwing to close the public hearing. APIF, MOTION CARRIED.
MOTION by Larson, second by Keagy to approve the setback variance for
construction of team rooms at the City of Farmington ice arena. APIF, MOTION
CARRIED.
3. Chair Schlawin opened the public hearing scheduled for 7:15 to consider the
preliminary and final plat of East Farmington Third Addition. Coordinator Smick
presented details of the plat, noting that this plat conforms to the original PUD
approved for this development. Ms. Smick stated that several engineering issues
remained, therefore, a continuation of the hearing until May 13th was requested.
Member Keagy asked whether outlots were part of this addition. Coordinator Smick
stated they would be platted at a later date, but were part of the entire PUD.
MOTION by Schwing, second by Larson to continue the public hearing until May 13,
1997. APIF, MOTION CARRIED.
4. Planning Coordinator smick introduced a request for a conditional use permit
to facilitate the construction of a professional medical clinic in an R-1 Zone.
Ms. Smick noted that a feasibility study to construct a through street to the
development had been approved by City Council. Ms. Smick reviewed various
aspects of the project, noting that landscaping and lighting plans were still
needed. Chair Schlawin asked South Suburban Medical Center Administrator Robert
Johnson about future space needs. Mr. Johnson stated the center could still
expand to the east, but the present request should be sufficient for a number of
years. Member Schlawin introduced a letter received from River Valley Medical
Clinic regarding their plans for expansion in 1998 or 1999. Mr. Johnson
responded that he had met with Clinic representatives regarding their concerns.
Lori Rossmiller, 904 Oak Street, asked about ownership of the property located
south of the proposed addition. Mr. Johnson stated that plans for purchasing the
land would depend upon future expansion needs. Concerns were expressed regarding
traffic flow on the proposed road extension, particularly the access to Highway
3. John Richardson, 35 Elm Street, asked about the helicopter landing area. Jan
Barbelquist, clinic manager, stated they would work with the hospital on clearing
the lot when necessary. MOTION by Schwing, second by Larson to continue the
public hearing until May 13, 1997. APIF, MOTION CARRIED.
5. The discussion for a fence variance for Scott Siedal was continued until the
next meeting since the resident was not present.
6. Planner Smick introduced a waiver of platting request for property located at
500 Pine Street. Coordinator Smick stated the proposal was to split the lots,
however, two setback encroachment problems would be created and they would
require variances. Gil Anderson, who initiated the waiver request, proposed
several options for dealing with the variance issues. Member Schlawin stated he
would not accept a four foot encroachment to the garage. It was his opinion that
the lots should be replatted to create two lots which would meet minimum City
standards.
7. A variance request to locate a garage within a setback was introduced. The
property owner David Walz, 701 Elm Street, was present for the discussion. The
garage would encroach 13 feet into the 20 foot setback, placing it within 7 feet
of the property line. Member Schwing stated he was uncomfortable with granting
that large a variance. Mr. Walz then introduced a second option which would not
require a variance. Member Schwing stated variances are only granted for
hardships.
8. Discussion continued regarding revisions to the fence ordinance. Planner
Smick noted revisions to the section on required materials for construction.
After discussion, several additional revisions to the ordinance were suggested.
MOTION by Schwing, second by Keagy to approve the changes and forward the
ordinance to the City Council for approval. APIF, MOTION CARRIED.
9. Planner Smick updated the Commission on progress with pine Ridge Forest
development. Ms. Smick noted a number of engineering concerns, a 70 foot piece
of roadway which is missing, grading problems and need for a retaining wall.
10. Discussion regarding the proposed overlay zone for the industrial park area
took place with concerns being raised about several issues, including its affect
on other non-industrial developments.
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11. Planner Smick introduced a development process flow chart. The Commission
offered their suggestions regarding the process and requirements of various
steps.
12. MOTION by Schwing, second by Larson to adjourn. APIF, MOTION CARRIED.
Submitted by,
Lee Smick
Planning Coordinator
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PLANNING COMMISSION
MINUTES
MAY 13, 1997
1. Chair Schlawin called the meeting to order at 7:00 P.M..
Members Present: Schlawin, Keagy, Larson, Schwing, Simones.
Members Absent: 0
Also Present: Planning Coordinator Smick, City Engineer Mann.
2. Chair Schlawin reopened the public hearing for East Farmington 3rd Addition
which was continued from April 22nd. Planning Coordinator Smick explained to the
Commission that the plat has changed since the earlier date. Outlot N had been
removed from the plat due to the pending sale of the outlot. Ms. Smick provided
a general site description, noting that the recorded plat name was East
Farmington, not Park Place. She also informed the Commission that there were a
number of engineering issues which had not been resolved, which City Engineer
Mann explained. The project engineer stated that most of the issues were
technical and could be resolved. Member Simones asked Mr. Mann if he recommended
approval of the plat contingent upon resolution of engineering issues. Engineer
Mann stated that would be his recommendation. MOTION by Schlawin, second by
Keagy to close the public hearing. APIF, MOTION CARRIED. MOTION by schwing,
second by Keagy to approve East Farmington 3rd Addition contingent upon
resolution of engineering issues. APIF, MOTION CARRIED.
3. Planning Coordinator Smick opened the continued public hearing for a
conditional use permit for South Suburban Medical Center. The request was to
construct a 12,464 square foot medical clinic in an R-1 residential district.
The clinic would be constructed on the south end of the existing medical center
and would house doctors' offices and a pharmacy. She stated that Robert Johnson,
SSMC Executive Director, had agreed to requested changes for the site plan,
however, concerns had been raised regarding the proposed new street access from
Highway 3. Ms. Smick stated that staff re90mmended approving the conditional
use. Member Keagy, speaking as an affected resident, voiced her concerns
regarding additional traffic through her East Farmington neighborhood. Member
Schwing asked Mr. Johnson if there were plans for future expansion. Mr. Johnson
replied that there were no plans in the near future. MOTION by Schwing, second
by Larson to close the public hearing. VOTING FOR: Larson, Schwing, Schlawin,
Simones. AGAINST: None. ABSTAIN: Keagy. MOTION CARRIED. MOTION by Larson,
second by Simones to approve the conditional use contingent upon City approval of
traffic circulation plans. VOTING FOR: Schlawin, Schwing, Simones, Larson.
AGAINST: None. ABSTAIN: Keagy. MOTION CARRIED.
4. Planning Coordinator Smick opened the continued public hearing for Dakota
Mini Storage plat. She stated the hearing would have to be continued again since
City Engineering staff had not had sufficient time for thorough review of the
project. Member Schlawin asked if it would be ready for the next regular
meeting. Ms. Smick felt that the June 10th meeting would be more likely, since
Engineering was still waiting for additional information. Developer Mark Peltier
stated he may be getting setback due to the pending overlay zone issue. Chair
Schlawin stated it was his belief that since the project was already in process,
any requirements specifically created by the overlay zone would not be in effect
for this project. City Engineer Mann stated that the main engineering concern
was drainage. Member Schlawin was concerned about platting of the street in the
next phase of the industrial park. Coordinator Smick informed the Commission
that City Attorney Grannis recommended requiring the street be platted instead of
dedicating it as an easement. Member Schlawin was also concerned about the
easement on the property. Coordinator Smick informed the members that surveyor
Grant Jacobson had discovered a blanket easement over the entire property and was (~~
working with Enron to resolve the problem. MOTION by Larson, second by Simones ',J
to continue the public hearing until June 10, 1997. APIF, MOTION CARRIED.
5. Coordinator Smick presented the sketch plan for Riverside Estates 2nd
Addition, a 55 unit townhome development on 12.82 acres located to the east of
the proposed 208th Street extension. The site plan consists of a 24 foot wide
road which loops through the development with two cul-de-sacs. The property is
zoned R-3 High Density Residential. Ms. Smick informed the Commission of
concerns regarding the extension of 208th Street through Empire Township, due to
the Township's reluctance to have the connection into the Township. Member
Larson expressed concerns regarding the driveway design. No action was taken.
6. The owner of 911 Honeysuckle Lane, James Purdy, requested to address the
Commission regarding a requested variance from lot coverage requirements.
Coordinator Smick explained Mr. Purdy's request, noting that hardship exists due
to the original platting of the lot in 1964 and subsequent lot split in 1974.
Mr. Purdy told Commission members that it was a difficult lot to deal with and
that a number of housing plans were developed before a workable design was found.
Commission members concurred that hardship did exist and that the owner should go
forward with the variance application process.
7. The Commission members discussed the proposed fence ordinance which was
reviewed by Council and referred back to the Commission for additional revision.
It was the consensus of the members to send a letter to Council stating no
additional changes were recommended and their preference to remain "unique" from
surrounding communities. Additional discussion focused on other issues which
would need to be examined and resolved if Council's changes were approved.
MOTION by Schlawin, second by Simones to draft a response letter to Council
stating Commission concerns with Council's proposed changes to the fence
ordinance. APIF, MOTION CARRIED.
8. Coordinator smick reviewed a proposed revision to the development approval
process by which only one public hearing would be held during the preliminary
plat process. Ms. Smick then reviewed the respective changes this would initiate
in the entire process. Chair Schlawin stated his concern that the Parks and
Recreation Advisory Commission be involved in the early stage of the process to
ensure adequate time for their review and suggestions.
9. There being no further business, the Commission adjourned.
Submitted by,
Lee Smick
Planning Coordinator
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PLANNING COMMISSION
MINUTES
MAY 27, 1997
1. Chair Schlawin called the meeting to order at 7:00 P.M..
Members Present: Schlawin, Keagy, Larson, Schwing, Simones.
Members Absent: None.
Also Present: Planning Coordinator Smick.
2. Chair Schlawin opened a public hearing for a variance from lot coverage
requirements for 911 Honeysuckle Lane which was originally scheduled for May 13,
1997. Planner Smick explained to the Commission that the owner, James Purdy, was
requesting the variance in order to build a three season porch on his home, which
would bring the total lot coverage to 32%; maximum coverage in an R-2 residential
zone is 30%. She stated a case could be made for hardship for this property
because 1) the lot had been platted in the 1960's and was smaller than current
standards; 2) the hardship was not a result of actions taken by the property
owner. Staff recommended approval of the 2% variance in lot coverage. There was
no public comment. MOTION by Larson, second by Schwing to close the public
hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Simones to approve
the variance in lot coverage for 911 Honeysuckle Lane. APIF, MOTION CARRIED.
3. Planning Coordinator Smick opened the public hearing for a side yard setback
variance for the Dakota County Highway Department shop. The request is for a
five foot encroachment into a sideyard to allow a 2,600 square foot garage
expansion on both the east and west ends of the existing 26,000 square foot shop.
The required setbacks in industrial zones is 25 feet. The variance will be
needed for the expansion on the east end so that the garage doors will continue
to face south, away from County Highway 50. Ms. Smick stated that staff
recommended approving the conditional use citing the fact that there were no
other locations for the garage doors which would allow adequate screening.
Dakota County Engineer Parks explained the project, in detail, to those present.
Chair schlawin asked about future plans for expansion on this site. There were
no plans for additional expansion. MOTION by Schwing, second by Keagy to close
the public hearing. APIF, MOTION CARRIED. MOTION by Larson, second by Simones
to approve the 5 foot sideyard variance contingent upon City approval of the
landscape plan. APIF, MOTION CARRIED.
4. Planning Coordinator Smick opened the continued public hearing for Dakota
Mini Storage plat. She stated that City Engineer Lee Man had sent a letter to
Mr. Peltier and Mr. Jacobson requesting additional information. Ms. Smick stated
that staff was recommending continuation of the hearing until such information
was submitted. Member Larson asked if any response to the City Engineer's letter
had been received from Mr. Peltier or Mr. Jacobson. Planner Smick stated that
there hadn't. Discussion took place regarding what type of information had not
been received and the length of staff time required to review the information
once it was received. MOTION by Larson, second by Simones to continue the public
hearing. VOTING FOR: Schlawin, Keagy, Simones, Larson. AGAINST: Schwing.
MOTION CARRIED.
5. Coordinator Smick opened discussion on a request for waiver from the platting
ordinance for property located at 500 pine Street. The owner wanted to split the
lot in an east/west direction to accommodate the construction of a new home.
Planner Smick stated the split meets waiver requirements. Chair Schlawin asked
whether setbacks would be the same as the existing home. Ms. Smick responded
that they would follow those established for that zone in the City Code. Chair
Schlawin asked about the size of the new home. The owner stated it would be
slightly larger than the existing house. Chair Schlawin asked if there was a
garage on the existing home. The owner said there was a detached garage which
would be replaced. The Commission discussed the location of the new garage. It
was the consensus of the Commission that Planning Coordinator Smick sign the
waiver of platting.
6. The Commission members and Coordinator Smick discussed the City Council's
revisions to the fence ordinance. The Members discussed the revisions and a
proposed letter to be sent to Council expressing their concerns.
7. There being no further business, the Commission adjourned.
Submitted by,
Lee Smick
Planning Coordinator
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MINUTES
PLANNING COMMISSION
REGULAR
JUNE 10, 1997
1. Chair Schlawin called the meeting to order at 7:00 P.M..
Members Present: Larson, Schlawin, Schwing, Keagy, Simones.
Members Absent: None
Also Present: Planning Coordinator Smick.
2. Chair Schlawin asked for comments on the minutes for the meeting on April 22, 1997. There
were no comments. MOTION by Schwing, second by Keagy to approve the minutes as presented.
VOTING FOR: Schlawin, Larson. APIF, MOTION CARRIED.
3. Chair Schlawin opened the hearing to discuss the TroyHill4th Addition preliminary and final plat.
Planner Smick introduced the project. Items which needed to be addressed consisted of the curve
located at 19lst and an Engineering department request to see a T-intersection. A meeting with
between the Engineering Department and the Developer will be held next week to discuss issues.
Staff recommended the hearing be continued until June 24th in order for the developer to address
Engineering comments. Member Simones questioned if all the items listed in the agenda memo had
been resolved. Planner Smick said they have been addressed. Planner Smick reviewed the 190th
Street issue, stating that the road to the west of Everest Path would not be paved. Chair Schlawin
disagreed, stating the street should be completed to the western border and marked as a dead end. He
further stated the street should be constructed by the developers ofTroyHill and Nelson Hills Farm..
Larson and Schwing agreed. It was the consensus of members that the plat would not be approved
unless the road was completed to the western border. Member Schwing questioned whether the
developer would redesign Lot 6 because of the odd shape. Planner Smick said staff would request the
developer straighten the road and lot. Chair Schlawin also stated that the developer also needed to
complete requirements in the development agreements for the 1st, 2nd and 3rd additions, which
included the completion of berms, landscaping and sodding along curbs. He stated the developer
must make a good effort to complete these items before the next Planning Commission meeting.
MOTION by Schwing, second by Larson to continue the public hearing to June 24th. VOTING
FOR: Simones, Larson, Schwing, Keagy VOTING AGAINST: Schlawin MOTION
CARRIED.
4. Chair Schlawin opened the public hearing for the development process ordinance revision.
Planner Smick introduced the ordinance revision by stating the ordinance would streamline the
development process, require developers to complete all requirements at the Planning Commission
level, and require only one public hearing to be held by the Planning Commission. After conferring
with the City Attorney, a change was made to allow 120 days for reviewing projects rather than 60
days as shown in the document. Chair Schlawin requested staff provide a progress report on how
developers are completing the development agreement requirements. He stated developers should
show a commitment to their existing projects before approval is given to another phase. Member
Schwing stated that a "report card" would be helpful when approving consecutive phases to a project.
MOTION by Simones, second by Larson to make a minor change to the ordinance to read 120 days
for plat review rather than 60 days, to provide a checklist on developer responsibilities, and to
forward the ordinance to the City Council for approval. APIF, MOTION CARRIED.
5. Chair Schlawin continued the public hearing to discuss Dakota Mini-Storage preliminary and final
plat. Planner Smick discussed the memo from May 19th which stated the remaining requirements to
be met by Mr. Peltier. She stated that Mr. Peltier had not yet addressed these items and had not paid
his development fees. Chair Schlawin stated that if Mr. Peltier had been present, he would have
made a motion to close the hearing because his fees had not been paid, however, because he was not
present, he would continue. He also stated there had been a large amount of City time invested in
reviewing the plat and without receipt of payment. Member Larson suggested the Commission
consider limiting the number of times a public hearing can be continued. Member Schwing made a
motion to close the public hearing. Chair Schlawin stated that if the hearing was closed on July 8th,
Mr. Peltier may fall under the requirements of the overlay zone and would not be allowed to construct
the mini-storage. Member Simones requested a registered letter be sent to Mr. Peltier stating the
public hearing will be continued to July 8th and that all fees must be paid before that date. Member
Schwing amended his original motion as follows: MOTION by Schwing, second by Simones to
continue the public hearing to July 8th, contingent on the completion of issues shown on the May
19th memo and receipt of fee payment before July 8th. VOTING FOR: Larson, Keagy, Simones,
Schwing. AGAINST: Schlawin. MOTION CARRIED.
6. Chair Schlawin began discussion of a variance to allow an illuminated sign within an R-2 district
at the Dental Health Center located at 916 Eighth Street. Planner Smick explained that an illuminated
sign is not allowed in an R-2 district. She stated that the sign is 4 x 6 which was the size of the sign
which received a variance on January 9, 1990, however, it that variance did not mention approval of
an illuminated sign even though the existing sign has floodlights. Dr. Falkowski stated that he's been
at the location since 1994 and the sign had been lit before 1984 because of the original building was a
church which had an illuminated sign. Chair Schlawin said a public hearing should be held for
review to insure the Commission is following ordinance requirements. Dr. Falkowski stated the new
sign will be the same height as the original sign and that lights will be set inside the sign to illuminate
panels. Member Schwing asked if there were any complaints on record from the location; Planner
Smick stated there were none. Chair Schlawin stated that Dr. Falkowski should apply for the
varIance.
7. Chair Schlawin began discussion for the rezoning of property located at 1017 and 1021 Third
Street from B-1 to B-2. The proposed use is for construction of ten attached townhomes, each of
which would be 1,376 square feet. The Commission requested the following issues be addressed by
the developer before review would commence:
. Maximum lot coverage requirements.
· Potential traffic flow problems created by only one access to the property.
. Solid waste collection options.
· Snow plowing and fire equipment maneuvering space.
. Units to be owner-occupied or rental property.
· Insure developer follow through with all requirements.
The Commissioners stated that when these items were addressed, the developer should carry on with
project planning.
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8. Chair Schlawin began discussion of the fence ordinance which was revised and approved by the
City Council on June 2nd. The revisions included allowing six foot wood fences on corner lots
beginning at the front principal corner of the house and extending to the property line on either side.
A triangle of visibility requirement included in the ordinance requires corner lots maintain a 30 foot
visual triangle at the corner. The iIiformation will be sent out to fencing companies currently working
in the City. Member Schwing questioned whether the City Council hearing was a public hearing.
Planner Smick stated that she would check. Member Schwing said the Council didn't close their
hearing, therefore, the ordinance cannot be a law. Planner Smick said she would forward the minutes
from the City Council meeting as soon as they were finished. Chair Schlawin questioned whether all
houses comply with the twenty foot setback requirements. Planner Smick stated that she had
questioned the Building Inspector and he had stated that all homes are to comply with this setback
requirement.
9. Planner Smick addressed the two lots behind Hardees which the HRA owns. She informed the
Planning Commission that the HRA had approved a change in the use if a developer was interested in
changing the existing residential zone to commercial.
10. Planner Smick showed the Planning Commission a drawing of a proposed 30' x 40' garage on an
R-2lot located on Fairview Lane and stated the garage would be 1200 square feet. The ordinance
only allows 1000 square feet. The owner would like to store siding in the building for his business.
The project requires a six foot rear yard setback variance, a variance for the size of the garage, and
possibly a variance to the lot coverage. Chair Schlawin stated there was no variance process for a
garage over 1000 square feet. He~lso stated the owner must apply for a home occupation permit if
siding is stored within the garage and used for a business. Chair Schlawin said it would be difficult to
approve a variance for a rear yard setback because the garage would be set on the property line. No
action was taken.
Submitted by,
Lee Smick
Planning Coordinator
Approved
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PLANNING COMMISSION
MINUTES
SPECIAL
June 24, 1997
1. Todd Larson called the meeting to order at 7:00 P.M.
Members Present: Larson, Simones, Keagy
Members Absent: Schlawin, Schwing
Also Present: Planning Coordinator Smick
2. Planning Coordinator Smick introduced the variance application for an
illuminated sign in an R-2 District. The application was submitted by Dr. Falkowski of
the Dental Health Center at 916 Eighth Street. Smick stated that residential homes are
located within 45 feet to the north and 140 feet to the south of the sign. The sign would
be illuminated from within the 4' x 6' panels; and would stand 7 feet 4 inches in height.
Smick stated that an illuminated sign within a residential district is not permitted.
Commissioner Simones asked Dr. Falkowski if he had anything to add. Dr. Falkowski
clarified that the house to the south is actually across the street, the house to the north is
an army building, and across the highway is Town's Edge Shopping Center. MOTION
by Simones, second by Keagy to close the public hearing. APIF, MOTION CARRIED.
MOTION by Simones, second by Keagy to approve the variance for an illuminated sign
with the condition that it be built as described. APIF, MOTION CARRIED.
3. Planner Smick opened the Public Hearing for the Overlay Zone Amendment
scheduled for 7:15 P.M. Smick described to the Commission the proximity and
dimensions of the overlay zone and who it will affect. Smick informed the Commission
that Northern Natural Gas had requested to be exempt from the overlay zone
requirements, which the HRA and Planning Commission approved on May 21, 1997.
Smick briefly reviewed the architectural, aesthetic and development controls that are
proposed for overlay zones #1 and #2. The recommendation from staff is to amend Title
10, Chapter 6 by adding Section 22 - Overlay Zones in Light Industrial Districts and to
amend 10-1-4 - Definitions adding definitions of various terms associated with the
Overlay Zones, and to forward the amendment to the City Council. Commissioner
Larson commented that this should improve the quality of the industrial park and bring in
additional tenants. He went on to state he felt City requirements had been too relaxed in
the past. MOTION by Keagy, second by Simones to close the public hearing. APIF,
MOTION CARRIED. MOTION by Simones, second by Keagy to approve the
amendments to 10-6 and 10-1-4 as so written. APIF, MOTION CARRIED.
4. Planner Smick opened the continued public hearing for Troyhill 4th Addition
preliminary and fmal plat. Smick described the project which is a continuation of the
PUD and consists of 40 single-family lots on 15.25 acres. Smick stated that Dakota
County had requested a name change for one of the streets on the submitted plat. The
Planner went into discussion over concerns on irregular shaped lots, but after further staff
review it follows the approved layout. Discussion followed on the continued construction
of 190th St. W. along the 4th Addition. Smick stated that during the March 18, 1996 City
Council meeting, required that the developer construct 190th from the western edge of
Fair Hills subdivision. Smick continued to explain that Nelsen Hills Farm would share in
these costs in the north portion; and that the Troyhill 2nd Addition developers agreement
reflects this requirement. It was determined that whoever would develop to the west of
TroyHill would be responsible for the construction of 190th St. W. Mr. VanNest, the
developer, explained how and why this was agreed upon. Commissioner Simones asked
Planner Smick how the City can be assured that this portion of the road will be
constructed. Smick answered that the next development to the west will be required to
connect with the adjacent subdivision. Smick went on to state that it is almost imperative
that the developer connect for his development to succeed. Mr. VanNest added that the
former City Engineer's belief was that this road eventually could become an MSA road.
Discussion continued between Commission members and the Planner over how this
situation can be prevented in future developments. Commissioner Simones asked Smick
if there are any other outstanding issues concerning development. Smick responded that
the City Engineer has approved the plan. Simones stated that if this item were to be
continued it would be only for this issue and he would have a difficult time continuing a
public hearing only for the road dispute. MOTION by Simones, second by Keagy to
close the public hearing. APIF, MOTION CARRIED. MOTION by Simones, second
by Keagy to forward a recommendation of approval to the City Council for the
preliminary and final plat of Troyhill 4th Addition contingent upon mutual agreement
between the City and the developer over the completion of 190th St. W. to the westerly
property boundary. APIF, MOTION CARRIED.
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5. Smick introduced the proposed Glenview Townhome development located along
Trunk Highway 3, directly south ofWausau Supply Company and currently within
Empire Township. Smick described the project and surrounding land uses. MUSA
expansion along with annexation and rezoning of the property is needed to begin the
project. The development proposes one-level townhomes and the developer envisions
senior citizen type living due to the proximity of South Suburban Medical Center. All
proposed streets within the development will be private and maintained by a
homeowners' association. The road access from 213th Street is proposed to be public
and will serve this development as well as future development to the east. Smick stated
that the Development Committee recommended having two accesses instead of only the
one proposed. Smick stated that more open space is being requested within the
development. Discussion continued over where possible stub-ins could be placed for a
second access. Smick went on to state that the proposed roads do not meet minimum
street widths and would need to do so. Commissioner Larson stated he felt that the
proposed commercial area did not belong in that area. The developer's engineer stated
that commercial is being proposed because of current land use in that area. He also stated
that the townhomes may be a mix of two levels and one level. Discussion continued on
landscaping, open space requir~ments and development process.
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6. Planner Smick informed the Commission of a letter from Mr. Peltier stating he is
no longer interested in building his mini-storage due to financial concerns. Planner
Smick stated this is an informational letter and the City will bill Mr. Peltier for services
rendered by City staff. Smick explained that, due to this project, there have been some
changes made in the development procedure to require some fees to be paid up front
rather than when the developers agreement is signed.
7. Smick brought forth for discussion a request of a resident who is interested in
obtaining a variance for driveway width. The width allowed by City standards is 26 feet;
and the driveway at the property line is 30 feet. The Planning Commission stated that
they would need to see the lot layout and the resident's application for the variance.
8. MOTION by Simones, second by Keagy to adjourn at 9:30 P.M. APIF,
MOTION APPROVED.
Submitted by,
Mary Lee Smick
Planning Coordinator
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PLANNING COMMISSION
MINUTES
SPECIAL
August 5, 1997
1. Chairman Schlawin called the meeting to order at 7:00 P.M.
Members Present: Scblawin, Keagy, Simones, Schwing.
Members Absent: Larson.
Also Present: Interim Planning Coordinator Schultz, City Engineer Mann
2. Chair Schlawin opened the public hearing continued from July 22nd on the special
exception permit request from Roger Randall. Interim Planner Schultz explained the request to
move a house from 301 Eighth Street to a location along the newly constructed Elm Street
extension. The proposed location would be north of the last lot on the west side of Ninth Street
in the East Farmington subdivision. The Commission and Eighth Street residents discussed
existing and possible future water runoff problems within their rear yards. Residents made
recommendations to the Commission for possible improvements. MOTION by Schwing, second
by Simones to close the public hearing. VOTING FOR: Schwing, Simones, Scblawin
OPPOSED: Keagy. MOTION CARRIED. The Commission continued discussion on
determining the proper contingencies for either approving or disapproving the house moving
permit. Members debated the relationship of the housing moving project to the water runoff
problems of neighbors along 8th Street. They also brought up the question as to whether the
engineering portion of the East Farmington development was done to specification. Draft
contingencies were discussed for proper wording. MOTION by Simones, second by Schwing to
approve the special exception permit contingent upon:
a) the project either improving or having a neutral effect on water runoff;
b) City Engineering determination of East Farmington development improvements meeting
specifications ;
c) catch basins being optimized;
d) Engineering recommendations for improvements.
VOTING FOR: Simones, Schwing. OPPOSED: Schlawin, Keagy. MOTION DENIED.
Discussion continued on the proper wording within the contingencies to insure water runoff was
. properly reviewed and any problems were resolved. MOTION by Schwing, second by Simones
to approve the special exception permit contingent upon:
a) the project improving water runoff;
b) City Engineering review that the East Farmington development improvements were built to
specifications;
c) catch basins are optimized;
d) if improvements are not possible, engineering make recommendations to the City Council.
VOTING FOR: Schlawin, Schwing, Simones. OPPOSED: Keagy. MOTION CARRIED.
3. MOTION by Schlawin, second by Schwing to adjourn at 10:00 P.M.. APIF, MOTION
CARRIED.
Submitted by,
Michael Schultz
Planning Intern
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MINUTES
PLANNING COMMISSION
REGULAR
JULY 8, 1997
1. Member Schwing called the meeting to order at 7:00 P.M..
Members Present: Larson, Schwing, Simones.
Members Absent: Schlawin, Keagy
Also Present: Planning Coordinator Smick.
2. Member Schwing asked for comments on the minutes for the meeting on May 13, 1997. There
were no comments. MOTION by Simones, second by Larson to approve the minutes as presented.
APIF, MOTION CARRIED.
3. Member Schwing opened the public hearing to discuss the variance for a rear yard setback at 1210
Fairview Lane. Planning Coordinator Smick began the discussion by stating that a public notice for
the hearing was published in the newspaper, however, notices were not sent to adjacent property
owners. She stated that the City Attorney recommended that the public hearing be continued to the
July 22nd meeting. MOTION by Larson, second by Simones to continue public hearing to July
22nd. APIF, MOTION CARRIED.
4. Member Schwing opened the continued public hearing from June 10th for Dakota Mini-Storage.
Planner Smick stated that Mark Peltier has written a letter to the City stating that he no longer will
pursue the Dakota Mini-Storage project within the City of Farmington. He cited high assessments for
land within the industrial park and the cost of the project as deterrents to finalizing the project. Staff
recommended to close the public hearing. Member Schwing questioned whether Mr. Peltier has paid
for previous hearings. Planner Smick stated she has sent three invoices to Mr. Peltier and he has not
yet responded. Planner Smick also mentioned that an update to the development process procedure
has been put in place requiring that fees concerning public hearings be paid before a public hearing is
set. MOTION by Larson, second by Simones to close the public hearing for Dakota Mini-Storage.
APIF, MOTION CARRIED.
5. Discussion of the upcoming July 17th City-County Planning Commissioners meeting to be held at
Rosemount City Hall took place. Planner Smick asked if any Commissioner would be interested in
attending. Simones and Larson showed interest.
6. Member Schwing opened discussion of a grading permit for Dakota County Lumber at 28 8th
Street. The owner, Steve Finden, had graded his lot without a permit and the City is now requiring
that he pay the fees and go through the permit process. Smick stated the process requires Planning
Commission recommendation to be sent to the City Council for a public hearing. She also noted the
Code requires screening for fences located across from residential areas. Ms. Smick informed the
Members that the City needs to obtain a drainage easement from Mr. Finden. Mr. F.W. Lehr, 701
Willow Street, mentioned that the scotch pines along Willow Street do not belong to Mr. Finden, they
are the property of Peerless. He stated he wants a fence and trees to insure that their property will not
be detracted from because of the expansion of Dakota County Lumber's storage lot. The Planning
Commission determined that Mr. Finden is required to do the following in order to gain approval for
the grading permit from the City Council:
(~)
. landscape/screen along the north property line;
. dust control to be applied yearly;
. all outstanding permits to be paid for and finalized;
. all issues resolved on the property;
. a drainage easement be granted to the City;
MOTION by Simones, second by Schwing to recommend that the grading permit be sent to the City
Council for a public hearing. APIF, MOTION CARRIED.
7. Member Schwing opened the public hearing for Riverside Townhomes preliminary and final plat
at 7: 15 PM. Planner Smick stated that all engineering issues have not been finalized and a meeting
was scheduled for July 14th to discuss those issues. Smick recommended the hearing be continued to
the July 22nd Planning Commission meeting. MOTION by Simones, second by Larson to continue
the public hearing to the July 22nd Planning Commission hearing. APIF, MOTION CARRIED.
8. Planner Smick opened a discussion concerning the size of accessory storage buildings. Dwight
Tangy, a resident, was concerned that Code only allows a 120 square foot accessory storage building
on a residential lot. He stated that most sheds for sale are larger than this and citizens should have the
right to choose the size of accessory structure they want to meet their needs. Member Larson stated
that the reason the structure is onlY,allowed to be 120 square feet is because of minimum lot coverage
requirements. Mr. Tangy stated that he wanted to bring this issue to the Planning Commission for C I
their information to see if they wanted. to change the requirement. The Planning Commission stated -~~
that they have reviewed this issue and the Code will remain in its current form.
9. Planner Smick opened the discussion for approval of rezoning a lot at 201 Fourth Street. She
stated the lot is in tax forfeiture lot and is owned by Dakota County. A number of interested buyers
have called the Planning Department to determine whether the lot can be rezoned from R-3 to R-2.
At present, the lot is unbuildable because the R-3 zone requires a 10,000 square foot lot and the lot is
7,597 square feet. The Commission determined that the lot may be rezoned to R-2 because property
across the street is R-2 and with the rezoning, this lot could be buildable.
ADJOURN 8:20 PM
Submitted by,
Lee Smick
Planning Coordinator
Approved
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MINUTES
PLANNING COMMISSION
SPECIAL
July 22, 1997
1. Chair Schlawin called the meeting to order at 8:00 P.M..
Members Present: Larson, Schlawin, Simones.
Members Absent: Schwing, Keagy.
Also Present: Planning Intern Mike Schultz.
2. Chair Schlawin opened the public hearing scheduled at 7:00 P.M. for Pat and
Roger DuFour who are seeking a conditional use permit for a dry cleaning and laundry
business in the Towns Edge Shopping Center. Planning Intern Schultz described the
professional service being provided and where it will be located within the shopping
center in relation to current businesses. Schultz went on to explain why the DuFour's
need a conditional use permit within a B-1 zoning district. A recommendation was
made by staff to approve the conditional use permit. Schlawin asked the DuFours if
they will be doing dry cleaning on site. They stated that laundry will take place on site
but the dry cleaning would not take place on site until later . They were asked if they
would be occupying the whole space. Mr. DuFour stated they will use a 30 by 110
foot area. MOTION by Larson, second by Simones to close the public hearing.
APIF, MOTION CARRIED. MOTION by Larson, second by Simones to approve
the conditional use permit for a dry cleaning and laundry service in a B-1 zone
contingent upon meeting City guidelines for signage. APIF, MOTION CARRIED.
3. Chair Schlawin opened the public hearing for a special exception house moving
permit. Planner Schultz explained to the public and Commission the plan brought forth
by Roger Randall for moving.the house currently located at 301 Eighth Street. The
house will be moved across open grassland and into its new location along the proposed
Elm Street extension, located to the south and west of South Suburban Medical Center .
Schultz went on to state that the new lot meets all City requirements for lot size and
setbacks. He then introduced a letter from John Manke, City Building Inspector, that
stated that the house is structurally sound but will need to be updated to current City
Code.
Chair Schlawin: Who currently owns the land?
Mr. Randall: It is owned by South Suburban Medical Center.
Schlawin: Do they have permission to move the house across the Medical Center's
property?
Mr. Randall: They are negotiating that with them, the purchase agreement is
contingent upon approval of the moving permit.
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Schlawin: Are you going to place a garage on the property?
Mr. Randall: Eventually, yes.
Schlawin: It will have access onto Elm Street?
Mr. Randall: It will be placed to the north of the house.
Brian Ordorff, 313 Eighth Street: Asked if the City knew if they knew the grade on
that lot was four feet above all of the other lots in
front?
Elizabeth Fleener, 317 Eighth Street: Stated that she still gets water in her basement
because of the development out there (East
Farmington).
Schlawin: Water runoff is coming off of the new development from the four foot
elevation that they brought up and goes where?
Mrs. Fleener: It goes to the sewer located in our backyard.
Discussion continued on what type of drainage system exists in the area and how
drainage from the East Farmington development affects property owners. It was also
discovered that a silt fence may have been placed on Mrs. Fleener's property.
Discussion continued on determining if the developer needed to purchase additional
property because of an easement across the property .
Chair Schlawin: There are several issues that I have a problem with. One is the issue
of the existing PUD dumping into the residents yards; and two, would this (the moving
of the house) add to that. Another is the square footage of the property and the
placement of the house.
Discussion went on to cover whether the house would have a full basement and how
the extra slope would affect runoff. Mr. Randall stated that he intended to put in a full
basement which would consist of 11 or 12 courses. Discussion continued between the
Commissioners, Mr. Randall and residents concerning the elevation of the house and
the proposed road. Also discussed was grading of the proposed lot. The Planning
Commission requested that the City Engineer do further investigation into the subject
property to determine 1) elevation levels, 2) location of catch basins, and 3) runoff
concerns. MOTION by Schlawin, second by Simones to continue the public hearing
for the special exception permit to August 12th, 1997. APIF, MOTION CARRIED.
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4. Chair Schlawin opened the public hearing for a variance for a rear yard setback at
1210 Fairview Lane. Planning Intern Schultz described the proposal by Mr. Bistodeau
to encroach one foot on the rear yard setback for the construction of a garage.
Schlawin asked Mr. Bistodeau if one foot would make that much difference.
Mr. Bistodeau stated that it would because he would like some landscaping between the
driveway and his deck. The Commission asked if he would be storing his siding
materials inside the garage. Mr. Bistodeau stated only his work trailer would be
stored. The Commission made recommendations on situating the garage and explained
that a hardship needs to be claimed, and if no hardship exists, a variance can not be
granted. MOTION by Simones, second by Larson to close the public hearing. APIF,
MOTION CARRIED. MOTION by Simones, second by Larson to deny the variance
based on no claim of hardship. APIF, MOTION CARRIED.
5. Interim Planner Schultz described the Riverside Preliminary and Final Plat to the
Commission. Schultz stated that the plat has been reviewed by Engineering and is
awaiting revisions to the curb and gutter along the private roadway, and revised
vertical and horizontal elevations for 208th Street to match a future roadway to the
east. Member Larson asked the Developer, Jack Benedict, how water runoff would get
to the ponding area. Mr. Benedict stated it will be piped. Schultz informed the
Commission that one of the problems was that the same elevation was shown on all the
building pads. Mr. Benedict stated that he had a problem with the City Engineer's
recommendation of raising all the pads up an additional six inches. Mr. Benedict was
asked where the overflow will go from the pond. Mr. Benedict stated that, unless there
was a 200 year flood, the pond should not overflow. The Commission requested
further City Engineering review of this issue. Member Larson asked if there was an
easement to the ponding area. Mr. Benedict stated that the pond will be part of the
association and taken care of by them, thus no easement is necessary. Mr. Benedict
stated that the development is going to be named Riverside Villas. Schlawin requested
the plat be reviewed by the City Park Board concerning the retention pond. MOTION
by Larson, second by Simones to close the Public Hearing. APIF, MOTION
CARRIED. MOTION by Larson, second by Simones to approve the Preliminary and
Final Plat contingent upon City Engineering approval. APIF, MOTION CARRIED.
6. Planner Schultz updated the Commission on the review of the MUSA application to
the Metropolitan Council. The Commission asked Schultz questions relevant to the
MUSA application and when the application would actually be submitted.
7. Adjourned at 10:00 P.M.
Submitted by
Michael Schultz,
Interim City Planner
Approved
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PLANNING COMMISSION
MINUTES
Regular
August 12, 1997
1. Commissioner Larson called the meeting to order at 7:00 P.M..
Members Present: Larson, Keagy, Simones.
Members Absent: Schlawin, Schwing
Also Present: Planning Intern Schultz
2. Commissioner Larson asked for comments on the minutes for the meeting on June 10,
1997 and July 8, 1997. There were no comments. MOTION by Simones, second by
Keagy to approve the minutes as presented. APIF, MOTION CARRIED.
3. Larson opened discussion on continuing and adding to a nonconforming garage at 609
Spruce Street. Planner Schultz explained that Ron and Karla Kenning are proposing to
add on to the conforming portion of their garage; the nonconforming portion encroaches
to within 2 feet of the west property line. Their plans call for tearing down the leanto
structure on the east and enclosing the structure to form a two stall garage. Schultz
informed the Commission that they must decide if either a conditional use permit or just a
building permit would suffice for the construction. The Commission reviewed the plans
and stated that if no alterations would take place on the nonconforming portion that a
building permit would suffice because it was felt the structure was grandfathered.
4. Planner Schultz opened discussion on the Prairie Creek East concept plan. Schultz
explained to the Commission that the developer is proposing an extension to the current
Prairie Creek development with 397 single-family units on approximately 160 acres with
a density of2.48. Schultz described the topography of the property on the location of
current floodplain and wetland areas. Mr. Isrealson, the developer, described to the
Commission his plans for wetland mitigation. Schultz continued the description of the
development with the street layout and connections into adjoining developments. Schultz
explained to the Commission the discrepancy that arose with the setback requirements
concerning the wetland ordinance. Schultz stated that the Soil and Water Conservation
office believed the one hundred foot (100 ft.) setback was excessive for a man made
wetland. The City Planning Department and the Soil and Water are attempting to work
together to resolve the issue. Schultz discussed other concerns that were voiced by the
Soil and Water District, such as density, flood plain issues and requesting conservation
easements.
The Commission and developer continued on discussion over the wetland setback
requirements. Discussion shifted to the EA W requirement from the developer for this
project. Commissioners asked Schultz and Mr. Isrealson what the EA W would consist of
and what triggers an EA W study. The issue of needing to extend the drainage ditch
through Empire Township was discussed in the event that the Township would allow
such a ditch. All parties wrapped up discussion with what requirements are needed from
the developer, what needs to be resolved through planning and wetland setback
guidelines, and continuing the drainage ditch with Empire Township.
( )
5. Schultz opened discussion on setback encroachment of a shed at 19375 Eureka Ct.
The resident, Steve Lerbakken, was informed that his shed did not meet the setback
requirements by five feet due to being on a corner lot. Schultz stated that the shed resides
inside the current fence line and does not pose any sightline problems. Commissioner
Keagy asked how long the structure has been there. Schultz stated several weeks. Larson
asked if the shed was on a cement slab. Mr. Lerbakken stated that it is on 4 x 4's. The
Commission and the resident discussed what hardships could be claimed with the
property for a possible variance. The Commission suggested that resident meet with City
staff to determine a solution to the problem.
6. Planner Schultz opened discussion with the Commission concerning the
Comprehensive Plan Amendment / MUSA application with Metropolitan Council.
Schultz touched on some of the main points of the application and requested any
comments or questions from the Commission. Schultz then fielded several questions
from members'.
7. Schultz informed the Commission of possible future problems with added driveway
accesses from potential land splits along Pilot Knob Road. Schultz stated that the road is
slated for turnback back to the City on completion of the new County Road 31
realignment. In recent discussions with the County Planning Department, it will be at the
discretion of the City to allow or not to allow future private access. Schultz stated that
several land owners along Pilot Knob / Akin Road have approached the City with
possible land splits. County access guidelines regulate for 660 feet between residential
driveways. The Coll1I11ission and Schultz discussed what rationale guidelines would
regulate future accesses. The Commission requested that the issue be further researched
and brought back at a later meeting.
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8. The appointment to the Joint Planning Board was discussed with members with the
resignation of Boardmember Schlawin. Commissioner Simones nominated
Commissioner Larson to the Joint Planning Board, the nomination seconded by Keagy.
9. MOTION by Keagy. Second by Simones to adjourn at 8:45 P.M. APIF, MOTION
APPROVED.
Submitted by,
Lee Smick, Planning CoordinatortMichael Schultz, Planning Intern
Approved
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PLANNING COMMISSION
MINUTES
September 23, 1997
1. Chair Schlawin called the meeting to order at 7:00 P.M.
Members Present: Schlawin, Larson, Simones, Keagy
Members Absent: Schwing
Also Present: Planning Coordinator Smick, Planner Schultz
2. Schlawin opened the continued public hearing for Ron and Karla Kenning who are seeking a variance
and conditional use to continue and add to their nonconforming garage at 609 Spruce St. Planner Schultz
explained the Kenning's situation of the garage encroaching four feet (4') into the sideyard setback.
Schultz went on to describe the Kennings' plan of expanding the garage space into a leanto area and
replacing the roof and the supports. Schultz stated that this impovement would encroach an additional 6
to 12 inches onto the property line. Schultz outlined the details ofthe Kenning's plan for the renovation
of the garage.
Commissioner Keagy arriving late, joined the Commission.
Schlawin asked for comments from the public. Collin Garvey, speaking for his partents at 621 6th St.,
stated that his parents are worried about the drainage runoff and the use of the potential use of the garage.
Schlawin answered that the Commission is assuming that it is for private use only and if any other use
were to be done a home occupation permit would be required. Mr. Garvey asked what the distance the
garage will be from the property line. Schlawin stated that it appears it will be twelve inches from
property line to the eave, but is concerned because it is assuming the property line is correct. Schlawin
asked the Kennings if the property has been surveyed. Mr. Kenning stated that it hasn't been surveyed,
but has discussed property boundaries with the adjoining neighbors. Schlawin stated that it will be
reccommended. The Commission and residents discussed the guidelines for variances and
"grandfathering" of property.
Sharon Olszewski, 419 6th St., stood and read a written letter outlining her concerns of the encroachment
of the garage to her property and requested for denial vote based on her concerns. Among Mrs.
Olszewski's concerns were; the encroachment to a water line running parallel with the property line, not
adhering to minimum City guidelines when it would ultimately result in a new structure, water runoff,
aestetics and use ofthe garage. Schlawin replied that the review ofthis variance is for land usage but
asked the Kennings what their intent of the garage was. The Kennnings replied that it was for a private
two car garage. The Commission and the Kennings continued discussion on the viability of the garage
upgrade and what was originally brought forth to the Commission. Schlawin stated that there were still
concerns that needed to be addressed, one was that the property needed to be surveyed for accurate
property lines and that Mr. Manke, the City Building Inspector, needed to inspect what existed and what
needed to be done. MOTION by Schlawin to continue the public hearing to October 14. SECOND by
Simones. APIF, MOTION APPROVED.
3. Chair Schlawin opened the public hearing for the proposed rezoning of 20 1 Fourth Street from R-3 to
R-2. Planner Smick described to the Commission the location, current lot size and land use of the
property as well as the surrounding zoning. Smick explained that the minimum lot size in an R-3 zone is
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10,000 square feet, vertually making this lot unbuildable under existing zoning. Smick explained that
reqoning the lot to R-2 would be compatible with the surrounding character ofthe neighborhood. Smick
informed the Commission that the HRA has initiated a soil boring test on the lot to examine the level of
contamination. Smick went on to state that the HRA recommends the rezoning of this lot to allow for the
building ofa structure regardless of the need of Mr. Randle to move the Thelen house. Smick went on
by stating that the Planning Commission should consider a housing study of the area and consider
rezoning that area for redevelopment purposes.
Schlawin requested comments from the public. Elaine Anderson, 209 Fourth St., stated that ifthis lot is
to be rezoned to R-2 that she will request that her lot be also be rezoned to R-2 to make it buildable. Bud
Lehr, 701 Willow St., commented that other people were interested in the property and were told it was
unbuildable and that those people should be offered the lot after rezoning. The Commission discussed
how the property came under tax forfieture and what the process was for selling it. Schlawin asked when
the contamination issues would be addressed. Smick stated that the sole borings were done that day
(September 23) and the results should be completed shortly. The Commission and residents discussed
the sewer connection and easement situation along with the history behind the property. Schlawin asked
if Ms. Anderson was willing to negotiate the easement of the sewer connection if it was done correctly.
Ms. Anderson replied yes. The Commission continued with discussion on the subject of the
interpretation of spot zoning. Schlawin asked if staff could research the possibilty of rezoning more than
that lot and report back to the Commission in time. Smick replied that staff could research the possibilty;
Smick continued by clarifing that staffwill research the neighborhood but may not neccessarily
recommend having all those blocks rezoned. MOTION by Schlawin to continue the public hearing until
staff could research the surrounding neighborhood for rezoning and the City recieves results of the
enviornmental survey of the property. SECOND by Larson. APIF, MOTION APPROVED.
4. Discussion was started on a proposed variance for a fence surrounding a swimming pool for Greg
Joyce at 18768 Euclid Path. Smick explained that the property owner installed a four foot high fence in
1995 (pictures were distributed to the Commission) but since has installed an in-ground pool in the
backyard. Smick continued to explain that the swimming pool fence ordinance requires a five foot non-
climbable fence to be constructed around the pool for safety. The owner would like to replace the four
foot fence with a six foot privacy fence to the point of a wooded area where the four foot fence would
remain. Larson asked who be liable if an accident occured and fence was not up to code. Smick
answered that she would discuss it with the City Attorney. Schlawin questioned the variance process and
the hardship of the proposed application. Smick read the hardship criteria for variances. Schlawin stated
that in his opinion a hardship does not exist and that a cost hardship has never been taken into
consideration by the Commission. The Commission discussed the hardship options with the resident in
which one was not determined.
5. Discussion began on a proposed amendment to the East Farmington PUD and the 4th Addition
preliminary and final plat. Smick informed the Commission that Sienna Coorporation is proposing to
amend the PUD by revising the multi-family housing in the north section of the development to single-
family residential. The amendment would also include the annexation of the Sauber property and the
typical block A or C configuration. Smick explained to the Commission the details of the proposal and
ther reasons why they are seeking the amendment. Discussion continued over the amendment proposals
between the Commission and Jim Sturm, Project Engineer. The Commission and Mr. Sturm discussed
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the issues of access onto County Road 72 and the eventual turnback of the road to the City. Discussion
concluded with the Commission requesting further imput from both the County and the City Attorney on
the issues at hand.
6. Smick brought an added discussion concerning the Genstar development south of 195th St. Smick
introduced the development plan of Charleswood. Smick oriented the development to where the single-
family, meduim-family density, high-density and commericial land uses were. Peter Gualtieri, Vice
President of Genstar Land, gave a brief presentation of the background of Genstar and the Seed Trust
Company. Mr. Gualtieri described current projects in the metropolitan area and what they expected out
of the Charleswood development. Steve Juetten, Project Manager, gave the Commission more details
concerning the precieved market for the project and what the timeline will be. Schlawin asked what the
market values will be. Juetten stated that they will start out at about $140 to $170,000. Smick brought
up the Genstar proposal of developing the park space. The Commission and the Genstar representitives
continued discussion on preliminary details of the plan.
7. Adjourned at 9:15 P.M.
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PLANNING COMMISSION
MINUTES
October 14, 1997
1. Chair Schlawin called the meeting to order at 7:00 P.M.
Members Present: Schlawin, Schwing, Larson, Simones
Members Absent: Keagy
Also Present: Planning Coordinator Smick, Planner Schultz,
2. Chair Schlawin asked for comments on the minutes for the meeting on August 26, 1997. No
comments were made. MOTION by Larson to approve the minutes as presented, SECOND by
Simones. Yes - (3) Schlawin, Simones, Larson; No - (0); abstain - (1) Schwing. MOTION
CARRIED.
.
3. Planning Coordinator Smick opened the public hearing scheduled for 7:00 P.M. concerning the
East Farmington PUD amendment. Smick explained the proposed changes by Sienna Corporation to
the Commission. These changes included 1) revising the multi-family use to single-family along
County Road 72, 2) include the recently annexed Sauber property within the PUD, 3) amend the
typical block A or C configuration to allow 18 lots within a block measuring 360' x 385'. Smick
went into explaining into detail each of the proposed amendments. Smick stated that the revised
multi-family area had a proposed 62 units. Smick stated that this loss in multi-family acreage is not
significant in terms of the Livable Communities Act. Smick went on by explaining the differences in
the changes of the typical block designs and the additional two lots. The staff recommendations were
stated as follows; 1) the proposed block amendment located in Outblock D shall be site specific to that
location. This block size and number oflots may not be utilized elsewhere in the PUD. 2) the
developer shall be required to maintain the remaining multi-family areas shown on the original PUD.
3) the developer should pursue the development of the multi-family areas as soon as possible to
provide those types of uses within the City. 4) additional engineering information must be addressed
by the developer. Chair Schlawin opened the public hearing scheduled for 7:15 P.M. on the East
Farmington 4th Addition Preliminary & Final Plat.
Schlawin asked Smick where the Sauber house was located in relation to the two lots (in front of the
property). Smick indicated that it was centrally located within the new lot. Schlawin asked Mr. Hardy
when multi-family will be developed. Mr. Hardy stated that he is negotiating with somebody for
maybe this Spring but price and assessments may be a problem. Schlawin asked which one has been
developed and when multi-family will be put in there (along Hwy. 3). Hardy stated that all the
improvements are in place and when the City puts in the street frontage multi-family will be put in.
Simones asked if the 2 additional lots were added to fill the additional block space? Mr. Sturm stated
yes. Mr. Hardy added that part of the extra space is also in the park space. Schlawin stated that there
is some confusion on the amendment to typical block "A" or "C" when it is actually a unique block in
this particular addition. MOTION by Larson, SECOND by Schwing to close the public hearing.
APIF, MOTION APPROVED. Each amendment was voted on individually. Amendment #1 -
MOTION by Larson to revise the approval ofthe multi-family to single-family, SECOND by
Schwing, APIF, MOTION APPROVED. Amendment #2 - MOTION by Simones, SECOND by
Larson to approve including the Sauber property into the PUD. APIF, MOTION APPROVED.
Amendment #3 - MOTION by Schwing, SECOND by Larson to approve the block configuration as
a nontypical "one time" block design. Yes (3) Simones, Larson, Schlawin; No (1) Schwing,
MOTION APPROVED.
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4. Smick began by orientating the public and Commission on the location of the site plan on the plat.
Smick went on by stating that Co. Rd. 72 is slated for turnback to the City and that the developer is
awaiting word from the County on allowing residential access. Smick stated that the developer is
committed to upgrading the road with paving, curb and gutter along roadway issues to be resolved.
Larson and Schlawin questioned if the County will actually make a decision in two weeks or not.
Schlawin asked what category the road is. Smick stated that it was a collector in comparison to
residential streets. The group then discussed the letter from the Park and Recreation Board and
decided that there needed to be some clarification in the way of park dedication. (The scheduled 7:30
P.M. public hearing for the approval ofthe Charleswood Schematic Plan was opened by Schlawin.)
MOTION by Simones, SECOND by Schwing to continue the public hearing until October 28.
5. Planner Smick opened discussion on the public hearing for the proposed Charleswood
development with the Commission and Public. Smick stated that the current zoning is
R-l and the proposed zoning would be R-3 to accommodate the various land uses. Smick continued
explaining the street layout, topography, existing wetlands, plans for public utilities, and the
developers plans for parkland dedication and developing the parks. Smick stated that all steep slopes
should be protected and left in a natural state and the road layout in the schematic plan not be
accepted because of uncertainty to exact location of roadways. Staff also recommends that the high
and medium densities remain because Staff included these densities in the MUSA application.
Simones asked the developers ifthe park will be left as natural open space or if it would be developed.
Mr. Juetten stated that Genstar is willing to work with the Park Commission on what the best use
would be for the land if it would have some active play areas or open space. Schlawin asked when
sanitary sewer would be brought in. Smick answered by stating that Lee Mann, the City Engineer is
working on the feasibility study and should be completed shortly but no completion date has been
indicated. Mr. Juetten stated he was planning on a time line of having the storm sewer approved
before Christmas and that details can be worked out before Spring, and hopefully have model homes
up by fall.
Sherry Lamb, 19468 Eureka Court - Can you explain what the proposed changes are and what the
intended plan is along 195th.
Smick explained the proposed uses and explained that the Southwest comer of 195th and the new
Pilot Knob Road will be commercial.
Lamb asked what type of commercial use.
Mr. Juetten - Other than being a commercial use they have not looked beyond that.
Mr. Gualtieri, GenStar - Typically a conveinance store or some type of commercial use to serve the
community.
Schwing - What will the home values be in the single-family area?
Gualtieri - Starting around $140,000 to $200,000 in the first phase.
Juetten - The values could increase when moving south overlooking the wetland area. Higher density
locations would decrease about $20,000 to $30,000.
Schwing ~ Will the range of values for the whole development be in the $100,000 to $200,000 +
range overall?
Juetten - Yes.
(Schlawin interrupted to open the public hearing for the Special Exception moving permit to 201
Fourth Street scheduled for 7:45 P.M.)
Schlawin - Do you anticipate any larger lot sizes moving south in the development.
Gualtieri - Larger is a relative term, some of the lots will range from 70 to 80 feet in width, while
some of the lots to the south may be 80 to 90 feet in width; with that lot size you could be seeing
houses in the $250 thousand plus range.
Schwing - On a typical 70 to 80 foot wide lot what would the square footage be.
Juetten - 9, 10 or 11 thousand square feet.
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Ed Hasek, Westwood Development - On cul-de-sacs 15 or 16 thousand square feet.
Schlawin - What would the typical lot sizes be along 195th.
Juetten - The average lots will be 75 feet by 135 feet.
Schlawin - So on the range of a Fair Hills, around 10 to 12 thousand square feet.
Gualtieri - 10 thousand would be an average, they could range from 8,500 to 15 thousand.
Schlawin - That's fine, I just don't want to see the majority in the 8,500.
Schlawin - Are there any plans to dredge and create a lake or pond similar to Lake Julia.
Juetten - It may be a little early but could be looked into. Problems arise with the flood plain and
existing wetlands and the City's Storm Sewer Plan; but they will be willing to work with the City.
Schlawin - It would be nice to see additional ponds within the City as an extra amenity.
Jeff Meyer, 19426 Evening Star Way - Whatever happened to the plans of a golf course?
Juetten - Because of wetland and the storm water management plan it was not feasible.
MOTION by Simones, SECOND by Schwing to close the public hearing. APIF, MOTION
APPROVED. MOTION by Schwing, SECOND by Larson to approve the schematic plan of
Charleswood. APIF, MOTION APPROVED.
(Schlawin opened the scheduled public hearing for Marcus Cable Conditional Use permit at 8:00
P.M.)
6. Planner Smick began the public hearing for the house moving permit by describing the zoning and
lot requirements of the property. Smick went into describing the site plan and the overall coverage,
and required setbacks. Smick explained the proposed route of the house moving as described in a
letter from Mr. Randle. Smick stated that lab results are still pending on a second soil sample and a
sewer easement that runs through the property to Main Street. Smick explained the history and
background of the easement across the property. Schlawin asked what the status was to examining
the rezoning ofthe entire area. Smick stated that the staff will precede with examining the block for
rezoning and forwarding a recommendation to the Commission soon. Schlawin asked if there have
been any other requests for rezoning. Smick stated there only has been verbal requests and nothing in
writing.
Jean Jabes 17225 Bench Path, (City?) (representing her mother Margaret Ware on 406 Main St.) -
What direction will the house be facing and what would the setbacks be on the east and back yards.
Smick - The setbacks for both would be 6 feet and the house will be facing Main St.
Collin Garvey- Hasn't the City been wanting to expand the downtown, would it be wise to allow
residential?
Schlawin - I believe more toward behind Lampets.
Smick - Also more along Third Street.
Residents, the Commission, and Staff continued discussion over the issue of rezoning the property and
also the process in which the property is conveyed over to public hands through the tax forfeiture
process. Residents asked if there was any way to stop the house from moving. The Commission
stated that the easement will dictate what will be allowed but the Commission is not reinforcing the
use of that easement to become the obstacle. MOTION by Schwing, SECOND by Simones to close
the public hearing. APIF, MOTION APPROVED. MOTION by Simones to move the Thelen
house contingent upon the resolution of any soil problems and sewer easement issues. APIF,
MOTION APPROVED.
7. Planner Schultz informed the Commission that because Marcus Cable and City Staff are awaiting
some needed information that the public hearing is proposed to be continued to the October 28th
meeting. The Commission and staff briefly discussed what information is being waited upon.
Commission also question the construction materials. Conditional Use to be continued due to need
for Marcus to receive information from Enron. MOTION by Larson, SECOND by Schwing to
. continue public hearing to the October 28th Planning Commission meeting.
8. Chair Schlawin opened the continued public hearing for the conditional use permit and variance
for Ron and Karla Kenning at 609 Spruce Street. Schultz explained to the Commission what had
occurred at the previous meeting and the reason for the continued public hearing. Schultz stated that
the Commission recommended that the City Building Official inspect the garage to indicate; I) if
there are two floating slabs and 2) if there are two slabs that the slabs are adequately tied together.
Building Inspector reviewed the garage and determined that there were two floating slabs. Schultz
informed what the Kenning's overall proposal called for; 1) the removal ofthe lean-to portion of the
garage and extend the east existing wall to the end of the existing cement slab, 2) reroof entire
structure including new trusses that would tie into existing trusses and ultimately alter the pitch and
roof line of the garage, 3) add siding to the entire structure, 4) raise the existing walls to allow for a 7
foot overhead clearance in the garage door.
.
Mr. Kenning stated that the slabs were grandfathered in and there was a need to raise the garage and
pour a new slab to have the garage eighteen inches above curb. To bring the existing garage up to
code it would be more than 50% of the garage, and that is the problem with the situation. Kenning
also stated that if the garage is moved it would take up too much of his yard and cause problems with
his house. Mr. Kenning went on by stating that if a new garage is built it would be double the cost of
the existing garage because additional concrete would need to be poured. Mr. Kenning also stated
that the former owner of the garage told him that the slab was one piece and had it contained rebars.
Schlawin stated that with all of these problems it would be recommended to start over with a new
garage. Simones stated that it is felt that the garage would be over a 50% renovation. MOTION by
Larson, SECOND by Simones to close the public hearing. MOTION by Larson, SECOND by
Simones to deny the variance and conditional use. Schultz questioned the Kennings concerning what
he would do next to the structure. Schlawin stated that there is no problem to reroof the garage as a
typical maintenance to the structure per the code. APIF, MOTION APPROVED.
9. Schultz introduced discussion and approval ofthe proposed Farmington Mall Signage Plan. The
Committee asked several questions about the signage plan and if it was within compliance.
MOTION by Simones, SECOND by Schlawin to approve the Farmington Mall signage plan
contingent upon Attracta Sign submitting a new pylon plan with the correct dimensions and that one
sign be removed from the plan concerning Joe's Cafe. APIF, MOTION APPROVED.
Submitted by
Lee Smick, Planning Coordinator
Michael Schultz, Planner
Signed
.
.
PLANNING COMMISSION
MINUTES
Special
October 28, 1997
1. Chair Schlawin opened the special Planning Commission meeting at 7:00 P.M.
Members Present: Schlawin, Larson, Schwing, Simones
Members Absent: Keagy
2. The minutes for September 9, 1997 were moved to the next scheduled meeting for proper
review. (The minutes were left out of the packets).
.
3. Schlawin opened the scheduled public hearing for Airtouch Cellular Tower for a conditional
use and variance. Planner Smick explained to the Commission the site would be located at
Dakota Electric, 4300 220th St. West, with Airtouch removing the existing tower. Smick went
on to illustrate to the Commission the details of the site plan. Smick went on to state why the
conditional use and variance is needed for site approval. Smick stated that staff recommends the
approval of the conditional use permit to allow a 199 foot cellular tower and approve the
variance to allow for a side yard setback of 92 feet on the basis of literal enforcement of the
ordinance and uniqueness of the property. Schlawin asked if the new tower will allow for
colocation. Mr. Littlejohn, Airtouch Cellular's lawyer, replied that the City's ordinance requires
it. Larson asked when the old tower would come down. Littlejohn replied that it would be
within 30 to 60 days of moving the current equipment over to the new tower. Discussion
continued over other site details. MOTION by Simones, SECOND by Larson to close the
public hearing. APIF, MOTION APPROVED. MOTION by Schwing, SECOND by Simones
to approve the conditional use permit. APIF, MOTION APPROVED. MOTION by Simones,
SECOND by Larson to approve the sideyard variance of 92 feet contingent upon the old tower
to be dismantled (after completion of the newly erected tower). APIF, MOTION APPROVED.
.
4. Schlawin opened the continued public hearing for East Farmington 4th Addition Preliminary
& Final Plat. Smick noted to the Commission that a memo from the Park & Recreation
Commission has been forwarded with approval of a cash inlieu. Smick began discussion on the
new block design along Co. Rd. 72 around the Sauber property. Smick stated that the road will
be a privately maintained road with five single-family homes. Smick went on to state that this is
a compromise from the 7 accesses that were requested to the 4 now being requested. Larson
asked if any cul-de-sacs were required for the private drive. Smick stated that Fire Chief
Kuchera would like to see one added however Jim Sturm, developers engineer, indicated that the
cul-de-sac design would not work due to the existing home. Smick added that private drives are
not addressed in the City Code and have been allowed in Westview Townhomes. Schlawin
asked how the private road would be maintained. Sturm responded that it would be maintained
by a special home owners association comprised of just those five homeowners. Schlawin and
the Commission expressed concern of having a private drive within the PUD. Jim Sturm
explained how the private agreement would require those residents to be responsible for snow
removal, etc. Sturm added that City Engineering had no problem with the new design. Larson
asked Smick why City Engineering had no problem. Smick stated Engineering perceives low
traffic counts on the road and that the road could eventually be turnbacked to the City. Schlawin
stated that the City had recently told the School District that 208th was a collector and was
needed to move traffic, and that he saw no difference between the two. The Commission
continued discussing their concerns over allowing a private road and private drive accesses on
.
.
.
Co. Rd. 72. Schlawin asked if there were any other problems with the 4th Addition. Smick
stated no. The Commission asked Mr. Sturm if there were any alternatives. Sturm stated that
that there were no other proposals at this time except for the original proposal. MOTION by
Schwing, SECOND by Simones to close the public hearing. APIF, MOTION APPROVED.
Mr. Sturm requested that the Commission forward recommendations to him to understand what
the Planning Commission was looking for and continue the process. The Commission continued
some discussion on resolving what would be acceptable. MOTION by Schwing to disapprove
the preliminary and final plat based on direct issues concerning private road and public access
onto Co. Rd. 72. SECOND by Simones. APIF, MOTION APPROVED.
5. Planner Schultz opened the continued public hearing for the conditional use permit for
Marcus Cable to locate a public utility building in a residential zone. Schultz explained that the
previous location request would not be possible do to Section 10-4-1 (D) of the City Code
requiring 50 feet between nonresidential structures and recreation facilities. Schultz went to
state that the new location approved by Enron would suit both the City and Marcus Cable.
Schultz continued by stating that several materials need to be submitted and approval should be
contingent upon those materials being submitted. The Commission requested to see a building
diagram. Marcus Cable brought forth an illustration of something similar. MOTION by Larson
to close the public hearing. SECOND by Schwing. APIF, MOTION APPROVED.
MOTION by Larson to approve the conditional use permit for Marcus Cable contingent on 1) a
complete site plan being submitted; 2) a landscape plan with surety be submitted; 3) access
permission be granted by Dakota County; 4) Marcus Cable submit a copy of written permission
from Enron Gas Co. to locate on subject property. SECOND by Simones. APIF, MOTION
APPROVED.
6. Smick brought to the Commission a possible request from Genstar Co. for rear yard setbacks
within the Charleswood Development. Smick stated that the request is only preliminary and no
details were given but wanted to inform the Commission. The Commission stated that they will
entertain the request if there is a rational reason.
7. Smick submitted the Historic Resources Survey of the Downtown Historic Preservation
Planning Area by Robert Vogel conducted for the Historic Preservation Committee. Smick
asked the Commission review it and submit any suggestions.
MOTION by Larson to adjourn the Planning Commission meeting at 9:00 P.M. SECOND by
Schwing. APIF, MOTION APPROVED.
Submitted by,
Lee Smick, Planning Coordinator
Michael Schultz, Planning Intern
Signed
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PLANNING COMMISSION
MINUTES
Regular
November 12, 1997
1. Chair Schlawin opened the Planning Commission to order at 7:00 P.M.
Members Present: Schlawin, Larson, Simones
Member Absent: Keagy, Schwing
Also Present: Planning Coordinator Smick, Planning Intern Schultz
2. Schlawin asked for comments from the Commission on the minutes for September 9, 1997.
MOTION by Larson to approve the September 9 minutes; second by Simones. APIF,
MOTION CARRIED. Comments were requested for the October 14, 1997 minutes.
MOTION by Larson to approve the October 14 minutes; second by Simones. APIF, MOTION
CARRIED. Comments requested for October 28, 1997 minutes. MOTION by Simones to
approve October 28 minutes; second by Schlawin. APIF, MOTION CARRIED.
3. Schlawin opened the public hearing for Riverside Villas Preliminary and Final Plat. Planner
Smick briefly explained the project for the public and where it is located on the planning process.
Smick informed that a conditional use will be required due to needed dredging in the floodplain
area. Additional engineering comments are still pending on the project concerning ponding and
the 208th St. W. road design. Smick directed the Commission to a letter from the School District
concerning their November 10 School Board meeting outlining their plans for condemnation of
the property. Smick went on to state that in light of this new information the recommendation of
Staff has changed to continuing the public hearing for preliminary and final plat until the
December 9 meeting to further investigate and review the situation. Questions from the
Commission centered on the process of the condemnation of the property. School Board
member Brownawell responded to the questions from the Commission. MOTION by Schlawin
to continue the public hearing for Riverside Villas preliminary and final plat to December 9;
second by Larson. APIF, MOTION CARRIED.
4. Planner Smick brought to the Commission for discussion a variance proposal to construct a
home on 7,492.08 square foot lot at 513 2nd Street. Smick informed the Commission that the
owner would like to remove the existing home and build a 1,985 square foot house on the site.
Smick stated the variance would be necessary because of the minimum lot size requirement in an
R-3 zone. Tom Ryan, the owner, briefly explained his proposal to the Commission. The
Commission asked the owner some general questions concerning his plans with the house and
lot. Mr. Ryan replied that he plans to tear down the existing home and offer to sell the lot to the
adjoining property owner; if they are not interested then he will construct a home. The
Commission and Staff directed Mr. Ryan to fill out a variance application and go through the
proper channels.
5. Smick opened discussion for a proposed conditional use to locate an ice cream I cafe in the
Prairie Creek Centre from Tim and Gina Erickson. In addition to the CUP a variance for
minimum off-street parking requirements would also be necessary. Smick pointed out in the
developer's agreements that the only allowable land use for that property shall be professional
business office. Gina Erickson addressed the Commission and detailed their proposal for the
business. Schlawin explained the proceedings of the stegmaier home redevelopment and the
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PLANNING COMMISSION
MINUTES
Regular
December 9, 1997
1. Planning Commission Chair Schlawin called the meeting to order at 7:00 P.M.
Members Present: Schlawin, Larson, Simones, Schwing
Members Absent: Keagy
Also Present: Planning Coordinator Smick and Intern Schultz
2. Schlawin opened all five public hearing scheduled for 7:00 P.M. First heard was Mr. Tom
Ryan applying for a variance in minimum lot size in an R-3 zone at the location of 513 Second
Street. Planner Smick explained that the applicant is proposing to tear down a home that is in
disrepair and erect a new home and garage on the site. Smick went on to state that the lot
consists of 7,492 square feet and recently has had a water hookup installed to improve the
property. Smick gave the recommendation to approve the variance in minimum lot size in an R-
3 zone to construct a single-family home. Schlawin asked Mr. Ryan ifhe planned to landscape
the property to blend it into the neighborhood right away. Mr. Ryan stated that he would but
wouldn't spend $3,000. Schlawin replied that he didn't expect that. The Commission did not
have any other discussion. Schlawin requested comments from the public; none were stated.
MOTION by Schwing to close the public hearing; second by Simones. APIF, MOTION
CARRIED. MOTION by Larson to approve the variance in minimum lot size in an R-3
contingent that the owner discuss landscaping plans with Planner Smick; second by Simones.
APIF, MOTION CARRIED.
3. Schlawin opened the continued public hearing for Riverside Villas preliminary and final plat.
Schlawin stated that it is understood that the School Board has proceeded with eminent domain
of the property and that Mr. Benedict has withdrawn the project. Smick replied that was correct.
MOTION by Schwing to close the public hearing; second by Simones. APIF, MOTION
CARRIED.
4. The public hearing for a variance to maximum size, height, number and illumination of signs
in an R-l for South Suburban Medical Center was opened by Schlawin. Planner Smick pointed
out which signs are existing and which will soon be installed. Smick went on to explain that
Staff approved the permits with conditions to meet the opening date of the new clinic. Smick
also noted to the Commission that the sign ordinance does not reflect for different uses, such as
institutional, within the R (residential) districts. Schwing asked Smick how this was missed by
staff considering the number of variances needed. Smick explained that the application was
reviewed as a wall sign and the hospital was viewed as a commercial building rather than being
in an R-l zone. Smick stated that the recommendation for approval ofthe variance is based on
that there is no requirement for an institutional use in an R-l zone. The Commission had some
additional comments and questions of the signs.
Schlawin requested any public comments. Karla Keagy, 908 Oak St., stated that the (wall) sign
along Oak Street is already illuminated and that the parking lot lighting is an annoyance to the
neighborhood. She continued by stating that the thirteen foot pylon sign is excessive for a
residential neighborhood and is requesting that the hospital add evergreens to block the parking
lot lighting.
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The Commission questioned Bob Johnson about the current illumination of the signage and the
hours of the clinic. Mr. Johnson relied that the lights should not be on because they are
controlled by reverse illumination. Mr. Johnson also added that the police wanted the parking
lights on for crime prevention. Smick intervened to state that some of these issues can be
resolved between the parties and would like to talk with the Police Chief on the matter. Schwing
asked Mr. Johnson if there were plans to dress up the pylon sign with landscaping. Mr. Johnson
stated yes. Commissioner Larson asked about the consideration of fencing. Mr. Johnson replied
that trees were environmentally more pleasing and would use them. MOTION by Schwing to
close the public hearing, second by Simones. APIF, MOTION CARRIED. MOTION by
Simones, second by Schwing to approve the variance subject to:
A) additional landscaping be added to obstruct parking lot lighting;
B) the south marquee sign be extinguished at end of business hours;
C) landscaping be added around the pylon sign.
APIF, MOTION CARRIED.
5. Chair Schlawin opened next public hearing for conditional use permit for a home occupation
for Keith and Valerie Tutewohl at 4215 206th St. W. Intern Schultz briefed the Commission on
the propose use and the guidelines set by the State of one client per session for due to space
restrictions. Schultz listed past home occupations permitted by the Commission. Schlawin
stated he was concerned about customer parking and would like see them park in the resident
driveway. Schlawin also pointed out that one two-sided, two square foot, nonilluminated
exterior sign is permitted. MOTION by Larson to close the public hearing, second by Schwing.
APIF, MOTION CARRIED. MOTION by Larson to approve the conditional use permit for
home occupation; second by Simones. VOTING FOR- Larson, Simones, Schlawin;
ABSTAIN- Schwing. MOTION CARRIED.
6. The conditional use public hearing for the Episcopal Church of the Advent for an off premises
directional sign was opened. Schultz illustrated the dimensions and location of the sign on the
Tom Thumb property at 420 Elm St. Schultz went to explain that the sign will be placed on the
existing pylon and will not impede vehicular or pedestrian traffic along Fifth St. Schultz also
explained the City Code allows for "religious and nonprofit organizations" directional signs
assuming substantial hardships. The Commission was concerned about setting precedence for
these type of signs. Schultz explained that conditional use process allows for the Commission to
review each application and that churches are part of the exception to the ordinance. MOTION
by Larson to close the public hearing, second by Simones. APIF, MOTION CARRIED.
MOTION by Larson to approve the conditional use permit for an off-premises sign; second by
Schwing. APIF, MOTION CARRIED.
7. Planner Smick gave a brief presentation concerning the issues of the Adelmann annexation at
3221 W. 213th St. of 18.11 acres. Smick indicated that there are no proposed developments at
this time for this property. Empire Township has reviewed and approved the annexation Smick
stated. The Commission questioned Smick on several concerns of the property, one being the
proper land use for the property. Smick indicated that staff will review the issue.
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8. There being no further business, the Commission agreed to adjourned at 9:30 P.M..
Submitted by,
Michael Schultz
Planning Intern
Approved
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