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HomeMy WebLinkAbout4/10/07 . . . Planning Commission Minutes Regular Meeting April 1 0, 2007 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty, Oswald, Fitzloff, Larson Members Absent: Barker Also Present: Tony Wippler - Assistant City Planner 2. Approval of Minutes a) March 13,2007 MOTION by Larson, second by Oswald to approve the March 13, 2007 Minutes. APIF, MOTION CARRIED. 3. Public Hearings a) Fairhill 1) Preliminary and Final Acquisition Plat 2) Fairhill Preliminary Plat, Phase 1 3) Fairhill PUD Applicant: Newland Communities One Southwest Crossing 11 095 Viking Drive Eden Prairie, MN 55344 Mr. Tony Wippler, Assistant City Planner stated that Staff is requesting that these items be continued until the May 8, 2007 Planning Commission Meeting due to lack of adequate review time. Mr. Jeff Meyer, 3656 194th Street, stated that he is concerned about what the plans are for 194th St. He would like to know if 194th will be a main access route into the Fairhill Development because he is not in favor ofthat happening. Staff replied that there has not been a final decision on that item yet. The planning of the 194th Street access is in a later phase ofthe development. MOTION by Larson, second by Fitzloff to continue the public hearing until May 8, 2007. APIF, MOTION CARRIED. b) Conditional Use Permit - Home Occupation - Salon Applicant: Jill Steffes 18578 Duluth Circle Planning Commission Minutes April 10, 2007 Page 2 . Farmington, MN 55024 Ms. Jill Steffes has applied for a Conditional Use Permit for a home occupation in order to conduct a beauty salon in her home. The salon would involve services like haircuts, perms and things of that nature. There is a possibility of a second chair to be utilized for pedicures. The business would be by appointment only and would run about 10 hours per week. Ms. Steffes would be the only person working. It appears that the business meets all of the requirements for a home occupation. Staff would like the Commissioners to note that the applicant has not indicated whether or not she intends to display a sign. There are covenants in the Riverbend Development that may pertain to this application. Staff stated that the following verbiage from those covenants may be relevant: An owner or occupant may maintain a home occupation in such owner or occupant's dwelling provided that such a use is incidental to the residential use; does not involve physical alteration of the dwelling or lot visible from the exteriors; is in compliance with all govemmentallaws, ordinance and regulations; does not involve observable business activities such as signs, advertising displays, business related deliveries or unusual levels of pedestrian or vehicular traffic to and from the lot and does not otherwise involve activity which disturbs the quiet enjoyment of the property by other owners or occupants. . Staff would like to add a condition that the applicant obtains any necessary building permits ifthe CUP is approved. Ms. Jill Steffes, 18578 Duluth Cir., stated that the most she would be working is 10 hours per week and there would be no signage. Ms. Steffes indicated that the average number of customers would be about 10. The hours could be during the day or in the evening. Mr. Mark Childress, 18592 Duluth Cir., stated that he is concerned about the potential traffic and reduction of privacy that could accompany a home based business. He asked what kind of limits could be set if the CUP is approved. Chair Rotty stated that the Commission looks at several aspects when considering a home occupation permit. There can be restrictions set to limit the number of hours. Mr. Childress stated that he is unsure at what level the business would become noticeable. Mr. Bill Prichard from Homes by Chase stated that he would like the Commission to take the restrictive covenants for the Riverbend Development into consideration when deciding whether or not to approve this item. He is neither for nor against the business but would like to be sure that the covenants will be adhered to. Chair Rotty stated that a sign for the business would require an application for a sign permit but because the covenant information has been relayed to the Commission they would deny that request. . Mr. Cory Anderson, 18595 Duluth Cir., stated that he is typically against anything that restricts what a homeowner can do with their property. He does, however Planning Commission Minutes April 1 0, 2007 Page 3 . have the same general concerns about traffic. He would feel reassured if there are some limitations set if the item is approved. Mr. Jim Steffes, 18578 Duluth Cir., stated that he is concerned when he hears the discussion about the limits that will be set. Most of the customers that the business will have initially are friends and family members. He stated that he is concerned that when these same people come to the home for other reasons such as a social visit, that neighbors will complain that it is an excess of customers coming to the home. Chair Rotty stated that these are common concerns for this type of application. Ms. Steffes stated that she has informed customers that they must park in the driveway and not in the street. . Commissioner Larson stated that the amount of traffic should not be a problem if there are limits set. Chair Rotty stated that he would be more in favor of limiting the hours rather than the number of customers. Commissioner Larson asked the applicant what hours of operation she was planning on. Ms. Steffes replied that she is unsure what hours it would be. Chair Rotty stated that he felt that 9:00 pm would be an appropriate cut off time for consideration ofthe neighbors. He felt that 8:00 am would be reasonable for a start time. Chair Rotty stated that typically home occupations are also limited to not doing business on Sundays. Ms. Steffes stated that she would like to start with 10 hours a week. Staff indicated that there is the potential for the Commission to review the CUP in one year to see if there needs to be adjustments made. Commissioner Fitzloff stated that he would also like to see the hours limited also. Commissioner Oswald stated that he feels that perhaps Ms. Steffes should perhaps start with 15 hours a week so that she has the potential for growth. Ms. Steffes agreed that she would be comfortable with 15 hours. Chair Rotty recommended that the CUP have the following conditions: 1. The business hours would begin at 8:00 am and conclude at 9:00 pm., Monday through Saturday only. 2. The number of hours of operation used per week is not to exceed 15. 3. The applicant must obtain any necessary building permits. MOTION by Larson, second by Oswald to close the public hearing. APIF, MOTION CARRIED. MOTION by Oswald, second by Fitz10ffto approve the Conditional Use Permit with the stated conditions. APIF, MOTION CARRIED. c) Preliminary and Final Plat - Trinity Health Care 1st Addition . Applicant: Trinity Care Center 3410 West 213th Street Farmington, MN 55024 . . . Planning Commission Minutes Apri110, 2007 Page 4 Staff is requesting that this item be continued to the May 8, 2007 Planning Commission Meeting because the applicant needs to submit further information with regard to easements on the property. MOTION by Oswald, second by Fitzloffto continue the public hearing until May 8, 2007. APIF, MOTION CARRIED. 4. Discussion a) Findings of Fact - Michael Bischel variance request denial- 601 8th Street Findings of Fact were presented for the denial ofthe request by Michael Bischel for a variance to the minimum lot width at 601 8th Street. This denial was not appealed by the applicant. MOTION by Larson, second by Oswald to approve the Findings of Fact. APIF, MOTION CARRIED. b) Discussion regarding trampolines (information to be provided at meeting) Mr. Tony Wippler, Assistant City Planner stated that Staffhas received several complaints regarding trampolines over the last year. The complaints were primarily with regard to the aesthetics and the locations of the trampolines. There have also been complaints about the trampolines being placed too close to fences. Commissioner Larson stated that he did not feel that the Commission should get involved in this issue. Commissioners Fitzloff and Oswald agreed. Chair Rotty stated that this issue falls under parental guidance and it is not the place of the Planning Commission to regulate this. He feels that most of the issues with this type of recreational equipment are related to safety and that is the responsibility of the parents involved. 5. Adjourn MOTION by Oswald, second by Fitzloffto adjourn. APIF, MOTION CARRIED. ." " Respectful~~ s~~~~ted, C~ .i}:>,~_?- \~ Lisa Dargis ~/i Administrative Support Teamici . Approved