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2009.08.10 PC Meeting MinutesPage 1 of 3 J:\PLANNING\Planning Commission\2010 and earlier\2009\08.10\minutes.doc CRYSTAL PLANNING COMMISSION MINUTES August 10, 2009 A. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following members present: X Commissioner (Ward 1) Sears Page 2 of 3 J:\PLANNING\Planning Commission\2010 and earlier\2009\08.10\minutes.doc 2. Consider Application 2009-13 for Administrative Appeal of the Zoning Administrator’s determination that a proposed clinic at 5153 Idaho Avenue North would be an expansion of the existing non-conforming use. Staff member, John Sutter, presented the staff report. Commissioner Sears asked if the vehicle traffic numbers in the staff report would be considered conservative. Mr. Sutter explained that the figures were based on the employees and patients making 1 trip each direction. Commissioner Sears asked if lunch trips were considered. Mr. Sutter explained that including lunch trips would increase the traffic count, but they were not included in the staff report because staff did not want to make assumptions that may prejudice the commission. The Public Hearing was opened by Commissioner VonRueden. Adelle Hansen, wife of property owner, addressed the Commission. Ms. Hansen stated the staff report does not indicate the actual number of 28 trips per day for Enviroclean, Inc. Ms. Hansen acknowledged that the proposed use would increase the number of trips per day. Ms. Hansen noted that the staff report recommends that there be 22 parking spaces and currently there are 20 spaces. There is space available in a different area to add 6-8 parking spaces. Ms. Hansen introduced Jennifer Tvrdy to discuss what she feels are the advantages of having her business in this property and her mission to serve autistic children. Ms. Jennifer Tvrdy explained that the number of trips outlined in the staff report is based on the number of customers. Ms. Tvrdy anticipates 30 trips per day, and with 5 therapists and 5 children per hour, a maximum 10 vehicles per hour. She felt that although this may increase, there is also approximately a 20% cancellation rate. This site would allow a therapy pool, which she has been unable to secure at any other site, due to the high costs involved. Ms. Tvrdy expressed that although there may be an expansion of the traffic her business would generate, she feels that because it is family based it would prove to be a benefit to those in the community. Commissioner Strand asked the size of the therapy pool. Ms. Tvrdy indicated that it would be 20 feet by 20 feet. Commissioner Fiedler asked Ms. Tvrdy why this property is ideal for her business. Ms. Tvrdy explained that there would be easy access for the installation of the therapy pool, as most leased sites she has considered would not allow the pool. This site would give her a rent-to-own arrangement and therefore she would be allowed to install the pool Hearing no further comment, the Public Hearing was closed by Commissioner VonRueden. Planning Commission discussion: Page 3 of 3 J:\PLANNING\Planning Commission\2010 and earlier\2009\08.10\minutes.doc Commissioner Sears asked if there had been any public comments on this proposal. Mr. Sutter explained that unlike other types of applications, Administrative Appeals do not require notice to adjacent owners because it’s a question of interpretation of the zoning ordinance. Commissioner Sears acknowledged the additional traffic, although he did not feel it would stress the neighborhood. He also mentioned the benefits of the additional tax base. Mr. Sutter stated that staff is concerned that approval of the proposed use would open the property up for other commercial users in the future. Moved by Commissioner Strand and seconded by Commissioner Buck to recommend to the City Council to deny Application 2009-13 for Administrative Appeal of the Zoning Administrator’s determination that a proposed clinic at 5153 Idaho Avenue North would be an expansion of the existing non-conforming use as outlined in the Findings of Fact in the staff report. Motion carried unanimously. D. OLD BUSINESS – none heard. E. NEW BUSINESS The Commissioners discussed the loss of Rita Nystrom from the Planning Commission after her many years of service to the community. F. GENERAL INFORMATION 1. City Council actions on recent Planning Commission items: The city attorney has asked to meet with the council in a work session prior to the second reading of the cell phone tower related ordinances to explain the ramifications of choosing the Baseline option. 2. Staff preview of likely agenda items for the September 14, 2009 meeting: None noted at this time. G. OPEN FORUM – none heard H. ADJOURNMENT Moved by Commissioner Buck and seconded by Commissioner Sears to adjourn. Motion carried. The meeting adjourned at 7:36 p.m.