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2005 PC Meeting MinutesCRYSTAL PLANNING COMMISSION JANUARY 10, 2005 A. CALL TO ORDER Page I of S The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Davis, Nystrom, Whitenack, VonRueden, Krueger, Hester, Atkinson, and Strand. Also present were the following: Planner Sutter, Recording Secretary Matthews, and Council Liaison Bowman. B. ANNUAL ORGANIZATIONAL MEETING 1. Election of Officers a. Chairperson Commissioner Hester nominated and Commissioner Nystrom seconded the nomination of Commissioner Davis for Chairperson of the Planning Commission for the year ending December 31, 2005. Motion carried b. Vice Chairperson Commissioner Nystrom nominated and Commissioner Whitenack seconded the nomination of Commissioner Kruger for Vice Chairperson of the Planning Commission for the year ending December 31, 2005. Motion carried c. Secretary Commissioner Nystrom nominated and Commissioner Kruger seconded the nomination of Commissioner Strand for Secretary of the Planning Commission for the year ending December 31, 2005. Motion carried 2. Approval of Meeting Calendar and Application Due Dates Page 2 of 5 Moved by Commissioner Kruger and seconded by Commissioner Nystrom to approve the meeting dates and application due dates for 2005. Motion carried C. APPROVAL OF MINUTES Commissioner Atkinson noted a correction to the word cards to cars in Section F. Commissioner Nystrom requested clarification of the 4 car parking limit. Moved by Commissioner Nystrom and seconded by Commissioner Kruger to approve the minutes of the December 13, 2004 regular meeting with the correction that was mentioned by Commissioner Atkinson. Motion carried D. PUBLIC HEARINGS 1. Consider Application 2004-17 for Site Plan Review and Conditional Use Permit for construction of a new TCF Bank at 6830 56th Avenue North (former Tin Alley Grill site). Planner Sutter summarized the staff report. Based upon the recommendations in the staff report, staff recommends approval. Commissioner Kruger asked if the front of the building would face north. Commissioner Kruger also stated the property owner is CNL and TCF is leasing it. Commissioner Kruger asked who would be responsible to the city in this case. Planner Sutter explained that the terms of the lease would determine who would be the acting as the owner. Commissioner Whitenack had concerns about the curb cut on Bass Lake Road, and would it be for fire lane access. Planner Sutter explained that it would be used for general traffic to go west bound when leaving that site. Commissioner Whitenack also expressed his concern about the stacking area of the bank. Planner Sutter explained that the area could be widened by 4 feet and striped down the middle to double the stacking capacity. Commissioner Whitenack expressed concerns about the placement of the building on the lot and that preferably the drive up would be towards the back of the lot. Planner Sutter explained that staff had discussed this concern but that this area is auto dominated. Public Hearing opened. Mike Kraft architect from HTG Architects addressed the commission. Kraft pointed out on the elevation plan that the concept for the wall on the front of the property was to minimize the cars at the drive through bank. Kraft also stated that the concerns expressed about the height of the wall and the safety issue would certainly be looked at. TCF had not yet had a chance to discuss the reduction of the parking spaces, but they are certainly open to the suggestion. Commissioner Kruger asked about the drainage of the parking lot. Kraft stated that there had been a discussion with Planner Sutter about the drainage Commissioner Whitenack asked about the hatch lines on the plan. Kraft replied that those were to mark Walgreen's easement. Page 3 of 5 Commissioner Kruger questioned whether there was a 2" water line for irrigation. Kraft replied that yes there was a 2" connection on the site. Public Hearing closed. Commissioner Atkinson asked about the rocked area on the plan. Planner Sutter explained that it is used during construction for runoff control. Moved by Commissioner Nystrom and seconded by Commissioner Kruger to recommend to City Council to approve Application 2004-17 for Site Plan Review and a Conditional Use Permit for construction of a new TCF Bank at 6830 56th Avenue North. Motion carried I-.. OLD BUSINESS 1. Consider Application 2004-15 for Variances to reduce the front and side setbacks at 4628 Hampshire Ave N. Planner Sutter summarized the staff report, and gave a brief background and update on this application. Mr. Raley has submitted drawings showing how he could comply with the side setback. He is still requesting a variance from the front setback. The law explicitly states that nonconforming structures can not be expanded. Staff still can not find any hardships that would be required to grant this variance application. Staff does not recommend approval. Commissioner VonRueden asked if the address were on the side street would that change the need for a front setback. Planner Sutter explained that the lot dimensions determine where the front of the property is and that it would also not change in this instance because the 30 foot setback is not met along either street. Commissioner Atkinson questioned whether a variance would still be needed if the existing garage was converted to living space, and a new garage was not attached to the house. Planner Sutter explained that yes it would still be needed. Public Hearing opened. Mr. Raley stated that he wants to make the house livable and increase the square footage. Raley continued to explain his view and that he did not have the means to pick the house up and move it back. He just wanted to make it a nice place to live and the residents that signed his petition agree with the changes that he wants to make. Public Hearing closed Commissioner Kruger stated that he was concerned about the precedent that would be set if the commission approved this application. Commission Nystrom explained that the commission really wanted to help the homeowner but the commission is bound by state and city law. There are no factors that the commission can use to meet any of the three criteria for a hardship. Page 4 of 5 Chair Davis stated that this is one of those issues that the commission really doesn't want to vote on. Unfortunately, because of the circumstances and the rules you have found yourself in a difficult position. Moved by Commissioner Nystrom seconded by Commissioner Kruger to recommend to City Council to deny Application 2004-15 for Variance to reduce the front setbacks at 4628 Hampshire Ave N. Findings of fact are as follows: There are no facts that meet the three tests for a hardship. Motion carried. Moved by Commissioner Nystrom seconded by Commissioner Kruger to recommend to City Council to deny Application 2004-15 for Variance to reduce the side setbacks at 4628 Hampshire Ave N. Findings of fact are as follows: There are no facts that meet the three tests for a hardship. Motion carried. F. NEW BUSINESS Commissioner Kruger requestod a work session for the Planning Commis'W". Commissioner Kruger suggest that this would be a gcod way to get to know each other better since there ars: new members and to refresh our minds about what the duties. and boundaries of the commission are. Commissioner VcnRueden requested a presentation by the, city attorney like they had done in the past. Planner Sutter suggested that the February meeting night be an ideal time. G. GENERAL INFORMATION Commissioner VonRueden asked what the status was on the fence along Corvallis. Planner Sutter informed the commissioners that the owner had been into city hall and stated his intent to comply with the city, but he just needed more time. Planner Sutter stated that he suggested the owner put this in writing so the city could formally respond and give atm an extension. lfnot, the city will establish a timeline for compliance, then refer the matter to civil court if necessary. H. OPEN FORUM None 1. ADJOURNMENT Motion to adjourn by Commissioner Krueger and seconded by Commissioner Nystrom to adjourn.. The meeting adjourned at 8:09 p.m. Chair Davis Strand Page 5of5 Motion carried. CRYSTAL PLANNING COMMISSION FEBRUARY 14, 2005 A. CALL TO ORDER Page 1 of 2 The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Sears, Davis, Nystrom, Whitenack, VonRueden, Krueger, Hester, Atkinson, and Strand. Also present were the following: Planner Sutter, Recording Secretary Matthews, and Council Liaison Bowman. It, APPROVAL OF MINUTES Moved by Commissioner Nystrom and seconded by Commissioner Strand to approve the minutes of the January 10, 2005 regular meeting. Motion carried C: PUBLIC HEARINGS None D. OLD BUSINESS None E. NEW BUSINESS Planner Sutter indicated staff is not aware of any applications for the March meeting, but the deadline isn't until 4:30 p.m. Friday, February 28`h F. GENERAL INFORMATION None G. OPEN FORUM None fl. ADJOURNMENT Motion to adjourn by Commissioner Krueger and seconded by Commissioner Nystrom to adjourn. Motion carried. The meeting adjourned at 7:03 p.m. Page 2 of 2 •e Chair Davis _ Page I of I CRYSTAL PLANNING COMMISSION WORK SESSION FEBRUARY 14, 2005 A. CALL TO ORDER The Crystal Planning Commission convened in work session at 7:07 p.m. with the following present: Sears, Davis, Nystrom, Whitenack, VonRueden, Krueger, Hester, Atkinson, and Strand. Also present were the following: City Manager Norris, Community Development Director Peters, Planner Sutter, Code Enforcement & Zoning Administrator Zimmermann, Recording Secretary Matthews, Council Liaison Bowman, and City Attorney Mike Norton. B. PLANNING COMMISSIONER INTRODUCTIONS Chair Davis asked each participant for a brief statement about their background and interest in the Commission. C. DISCUSSION ITEMS 1. City Attorney Mike Norton of Kennedy & Graven made a presentation and answered questions about land use law and the Planning Commission's role. Staff made presentations regarding the status of the Bottineau Boulevard/County Road 81 project and the Crystal Airport. 3. The Commission discussed having a Planning Commissioner serve on the Community Advisory Committee for the Bottineau Boulevard Partnership. Commissioners VonRueden and Hester expressed interest. D. ADJOURNMENT The work session adjourned at 9:35 p.m. ' S Chair Davis CRYSTAL PLANNING COMMISSION APRIL 11, 2005 A. CALL TO ORDER Page I of 3 The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Sears, Davis, Nystrom, Whitenack, VonRueden, Krueger, Hester, Atkinson, and Strand. Also present were the following: Planner Sutter, Recording Secretary Matthews, and Council Liaison Bowman. R. APPROVAL OF MINUTES Moved by Commissioner Krueger and seconded by Commissioner Nystrom to approve the minutes of the February 14, 2005 regular meeting and work session. Motion carried C. PUBLIC HEARINGS 1. Consideration of Application 2005-01 for Lot Division to divide 4916 Bernard Ave N into two parcels. Planner Sutter summarized the staff report and stated that staff recommends approval including the findings of fact and conditions found in Section C of the staff report Commissioner Krueger questioned the distance on Exhibit F. Planner Sutter clarified the measurements. Commissioner Krueger questioned the setback of the new house in application of the code. Planner Sutter stated that yes according to code the setback would need to be 35' in the front. Planner Sutter continued: the Engineering Department reviewed this application and there is an issue with the street and the future street project scheduled for 2009. Discussion continued between the Planning Commissioners and Planner Sutter for clarification of the proposal, and the issue with the street project scheduled for 2009. Public Hearing opened. Lloyd Olson of 4911 52"d Ave N stated that the city had said when this property was purchased that there was not enough room to build there. Mr. Olson stated that he is against this proposed project. Joyce Matteson of 5116 Quail Ave N formerly of 4917 Bernard stated that they were told they couldn't build there in 1951. Planner Sutter explained the differences between 4916 and 4917 Bernard and why one is dividable while the other is not. Page 2 of 3 Commissioner Nystrom asked if an engineer had been out there to check the soil and see if it is a buildable lot. Planner Sutter replied that is the builder's and owner's responsibility to determine that. Discussion continued between the Commissioners and Planner Sutter for clarification about issues with building on the lot. Kirby Kitchener explained how he gnat the property. Originally he was showing this ijouse to potential buyers. A sale fell throughh and he bought the house himself because an engineer told him that there wasn't really much peat down there. He intends to have a perc test done. A reverse walkout would likely be built and the house could be moved as much as 25 to 30 feet to the west. He stated he thought the escrow was a bit much; the previous owner offered that bit of land (north east corner) to Mr, Olson and it was agreed upon, and it should have been accepted by Olson, and according; to his lawyers his property lines extend right out to the water which would shut off Mr, Olson fec►m the water. He stated he would be more than happy to sign the 2004 agreement with Mr. Olson. We submitted two pians because Mr. Olsen didn't want to sign the 2004 agreement. Commissioner Krueger asked. if Kitchener planned on building a house; Kitchener replied that he plans on getting a developer to help build a house. Commissioner Krueger asked if the, purchase was completed; Mr, Kitchener replied that yes they closed Friday April 5h, Corn Missioner Krueger aspect if he intended to live on the property; Kitchener stated that lie did not; it was bought strictly as an investment property with another gentleman. This will improve property values and they want to improve the area and work with the city, Lloyd. Olson stated that the cut off was agreed upon and that he should have lakeshore property down there. Chair Davis stated that sometimes legal proposals affect other properties. Planner Sutter explained why sometimes it becomes difficult to determine property lines when the shorelines of the lake change. Commissioner Krueger stated that the inlet was dredged out by the homeowner before the land was platted, it was man made and not on the original plat. Joyce Matteson of 5116 Quail Ave N stated that her father got permission to do the dredging, Janice Eason of 4917 52 Ave N stated that she doesn't want the house built, it would ruin their view and take away from their property values. Lloyd Olson stated the city has an easement on the corner of his property Commissioner Sears stated that hopefully the builder will communicate with the neighbors and their concerns and possibly change the orientation of the house. Moved by Sears and seconded by VonRueden to recommend to City Council to approve Application 2005-01 for Lot Division to divide 4916 Bernard Avenue North into two parcels. Commissioner Krueger stated he want to amend to accept the findings of fact. Chair Davis asked Commissioner Sears if he wanted to amend to include the findings of fact. Commissioner Sears replied that yes he wanted to amend to include the findings of fact and conditions. Commissioner Krueger stated he would also like to include money for escrow for the difference in cost between Phase 7 and Phase 10. Planner Sutter replied that the city has no way of knowing what the price of Phase 10 would be. However escrow monies do receive interest in anticipation of inflation and there would be a 10% contingency for other unforeseen costs. Page 3 of 3 Roll call vote on Sears' motion as amended. Sears, Davis, Nystrom, Whitenack, VonRueden, Hester, Atkinson, and Strand voting aye. Krueger voting nays Motion Carried. !l. OLD BUSINESS None E. NEW BUSINESS Planner Sutter indicated staff is not aware of any applications for the May meeting, but the deadline isn't until 4:30 p.m. Friday, April 15'. h, GENERAL INFORMATION None G, OPEN FORUM None H. ADJOURNMENT Motion to adjourn by Commissioner Strand and seconded by Commissioner Whitenack to adjourn. Motion carried. The meeting adjourned at 8:07 p.m. CRYSTAL PLANNING COMMISSION MAY 99 2005 A. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Davis, Nystrom, Whitenack, VonRueden, Krueger, Hester, Atkinson, and Strand. Also present were the following: Planner Sutter, Zoning Administrator Zimmerman, Recording Secretary Van Krevelen, and Council Liaison Bowman. Absent was Sears. B. APPROVAL OF MINUTES Moved by Commissioner Nystrom and seconded by Commissioner Krueger to approve the minutes of the April 11, 2005 regular meeting and work session. Motion carried. C°, PUBLIC HEARINGS 1. Consider Application 2005-02 for a Conditional Use Permit for Chipotle Mexican Grill to establish a patio seating area for outdoor food and beverage service at 5608 West Broadway (currently Schlotzky's Deli). Zoning Administrator Zimmermann summarized the staff report and stated that staff recommends approval including the findings of fact and conditions found in Section C of the staff report. He wanted to note number eight, and said that 5' of sidewalk must be maintained, and applicant indicated they will work with staff to maintain that distance. A concern was that cars would pull right up to the curb and the bumpers would overhang, therefore reducing the sidewalk space. Some possible suggestions for corrections include making those parking areas for compact cars only or putting in a parking bumper and extending the parking aisle a foot or two back.. Commissioner Krueger questioned whether smoking would be allowed in the patio area and whether the restaurant would have a liquor license. Zoning Administrator Zimmermann answered that smoking would be allowed in the patio area and they do intend on serving alcohol. Planner Sutter stated that the restaurant plans to have full bar service. Brock Heinrich from Chipotle Mexican Grill also responded that they do generally apply for a full liquor license but usually only serve beer or margaritas, liquor sales are only a small part of overall sales, and customers must buy food in order to purchase liquor. Commissioner Nystrom questioned the hours of operation and whether alcohol would be served on Sundays. Mr. Heinrich stated they will be open 11 a.m. to 10 p.m. seven days a week and alcohol can be served during those times, including Sunday. Because they have a full liquor license and are not off -sale, they are not restricted on Sundays. Moved by Commissioner Nystrom and seconded by Commissioner Krueger to recommend to the City Council to approve Application 2005-02 for a Conditional Use Permit for Chipotle Mexican Grill to establish a patio seating area for outdoor food and beverage service at 5608 West Broadway (currently Schlotzky's Deli), Conditions of approval are as noted in staff memo. Motion carried. 2. Consider Application 2005-03 for a Conditional Use Permit for El Loro Mexican Restaurant to establish a patio seating area for outdoor food and beverage service at 99 Willow Bend. Zoning Administrator Zimmermann said that this is very similar to the previous application. He also explained that El Loro's current plan allows space for 36 seats along with a 4' sidewalk, and the patio would be surrounded with a 4' high fence. He also stated that staff recommends approval including the findings of fact and conditions found in Section C of the staff report. He wanted to again note number eight, stating that 5' of sidewalk must be maintained. Commissioner Krueger questioned whether 4' would be sufficient room for a wheelchair. Zoning Administrator Zimmermann said that after consulting with the building official and fire dept., it was determined that 4' was the maximum that would be required for wheelchair access. Planner Sutter clarified where the 5' sidewalk requirement came from. Based on the traffic and usage of this area, staff felt it was comparable to usage of a sidewalk located along a city street, and that they should use the same specs. He also stated the 5' exceeds any requirements for accessibility. Commissioner Whitenack mentioned that someone in a wheelchair would have difficulty opening the door because they would be unable to open the door past them, and thought reversing the opening of the door swing would be a viable option. Zoning Administrator Zimmermann said that one of the conditions is that the city building official and fire inspector must inspect the area prior to opening so all life/safety and code issues are addressed at that time. Commissioner Nystrom questioned whether there would be music on the patio. Ken Henk of Paster Enterprises said that Chipotle Mexican Grill did propose to put speakers on their patio, but was unsure whether El Loro was planning to also. Zoning Administrator Zimmermann stated that Chipotle's plan did include music, but El Loro did not mention music in their plan. Commission Nystrom also asked Mr. Henk if the 5' sidewalk requirement is acceptable to them. He said it was, that it would make the patio seating a little tighter, and they may have to adjust the size of the tables, but they would make it work. He also stated that per the ADA, 12" is required on the latch set and said that maybe the doors to the restaurant should be reversed. Commissioner Whitenack and Mr. Henk briefly discussed options and Commissioner Whitenack suggested that this be forwarded on to the inspector, but Mr. Henk said they as property owners will take care of it. Mr. Henk stated that they will be providing the fencing and lighting and the tenant will be providing the furnishings. Zoning Administrator Zimmermann mentioned that there is no parking adjacent to the sidewalk at El Loro, which is why that issue was not addressed in this case. Moved by Commissioner VonRueden and seconded by Commissioner Krueger to recommend to the City Council to approve Application 2005-03 for a Conditional Use Permit for El Loro Mexican Restaurant to establish a patio seating area for outdoor food and beverage service at 99 Willow Bend. Finding of facts and conditions of approval are as noted in staff memo. Motion carried. fly. OLD BUSINESS None F., NEW BUSINESS None F. GENERAL INFORMATION Development Status Report for quarter ending March 31, 2005. Planner Sutter mentioned that this was distributed prior to the Planning Commission meeting. 2. Staff previews of likely agenda items for June 13, 2005 meeting, Planner Sutter stated that there will probably be three variance applications for second curb cuts in Phase 7 area. There are three properties with second curb cuts that are actually used and go to a second garage or parking space. Those three will probably be applying for a variance to allow the city to build a second curb cut. There may also be a variance application for an older house that was made non -conforming when the land around it was platted and made smaller. Planner Sutter also said staff may request a Public Hearing on looking at amending the Comprehensive Plan to address those marginal industrial properties that lay north of the railroad tracks west of Douglas where Mel -o Honey used to be. There has been a change in state law so the city may want to reconsider the strategy for dealing with that area. Council will probably be authorizing a Comprehensive Plan amendment at their May 17, 2005 meeting and if so would be on the agenda for the Planning Commission at the June meeting. Staff is also thinking about proposing an ordinance change to allow very small outside seating areas as a permitted accessory use for businesses not serving alcohol, such as a sidewalk caf6 or ice cream shop. Planner Sutter also updated the commissioners on 4916 Bernard Ave. N., all parties are on board for Scenario B, which defines everyone's properties down to the water. We are now waiting for the Hennepin County Examiner to give the go- ahead to implement it. If that is received in the next couple days and everything falls in place, it will go before council next week. Commissioner Krueger asked if the pawn shop was going into the old Carpet King building, and said they were doing work on the parking lot. Planner Sutter said he wasn't aware of any work being done in the parking lot, and mentioned the pawn shop had invested a lot of money in the building to put sprinklers in. He said that the pawn shop has not submitted any plans to redo the parking lot and thought maybe they were just doing maintenance. He also mentioned that Carpet King plans on reducing the size of the parking lot at their new location by half and replacing it with native prairie and kind of a rain garden to provide some passive storm water treatment. 6 OPEN FORUM None E.1. ADJOURNMENT Moved by Commissioner Krueger and seconded by Commissioner Nystrom to adjourn. Motion carried. The meeting adjourned at 7:30 p.m. Chair Tlavie CRYSTAL PLANNING COMMISSION June 13, 2005 A. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Sears, Davis, Nystrom, Whitenack, VonRueden, Krueger, Hester, Atkinson, and Strand. Also present were the following: Planner Sutter and Recording Secretary Matthews. Absent was City Council Liaison Bowman. B. APPROVAL OF MINUTES Moved by Commissioner Kruger and seconded by Commissioner Nystrom to approve the minutes of the May 9, 2005 regular meeting and work session. Motion carried. C. PUBLIC HEARINGS 1. Consider Application 2005-04 for a Variance at 6118 391h Avenue North to allow a second curb cut for an existing driveway. Planner Sutter summarized the staff report and stated that staff recommends approval including the findings of fact and conditions found in the staff report. Commissioner Kruger asked if the driveway would be hard surfaced. Planner Sutter confirmed that yes it would be required, at this time unless council directs us to defer it. Public Hearing opened. No one spoke. Public Hearing closed. Commissioner Sears stated that if driveway is deferred, the city would be faced with the same issue later. Planner Sutter explained that staff would require the driveway to be hard surfaced by the end of the year, unless Council directs staff to do otherwise. Staff would then suggest requiring an escrow deposit so it is guaranteed this gets done when occupancy changes. Commissioner Kruger asked how far back does the concrete go on the curb cut. Planner Sutter clarified that an apron would not be put back in, just a curb cut will be installed. Commissioner Whitenack asked about the curb cut on the corner by the farm area. Also, what if the garage at 6118 39th is not used in the same manner as the current owner does. Planner Sutter stated that if the driveway for the second curb cut at 6118 39th is deferred the city would have to deal with whatever happens in the future. Next, Planner Sutter stated the second the curb cut by the farm area was installed by error, and is in the process of being closed during the Phase 7 Street project. Chair Davis asked for clarification on the two issues. Planner Sutter explained in detail about the second curb cut and the code enforcement issue of the driveway that is not hard surfaced. Commissioner Strand asked how common is it to defer, and stated that it is her opinion that a driveway should be hard surfaced. Planner Sutter stated that staff agrees and staff's preference is that it gets hard surfaced this year, but deferment does not make this requirement go away. Chair Davis questioned whether the deferment is before the Planning Commission or the City Council. Planner Sutter clarified that the Commission could recommend it to the City Council. Commissioner Nystrom stated she doesn't like the fact of a possible deferment unless the Commission hears from the owner that they can't do it by the end of the year. Jon Dolene, owner of 6118 39th Avenue North stated that he puts antiques and street rods in that garage, and only uses it for a few months during the summer. He didn't put a driveway in because he didn't want his yard to be all cement and cause erosion or drainage issues. Commissioner Nystrom asked if a hard surface requirement was imposed would he abide by it. Dolence stated that yes he would follow it, but he would ask the Council for a deferment. Commissioner Kruger asked if we pass this, can we ask for a recommendation for a hard surface. Planner Sutter stated that yes the commission does not have to be silent on the hard surface requirement. Planner Sutter suggested that the commission could put their opinion in the motion so City Council could hear the Commission's intentions. Chair Davis stated he doesn't think this should be put off any longer, and that the time to do it is now. Commissioner Sears commented that he concurred with Chair Davis's statement. Moved by Commissioner VonRueden and seconded by Commissioner Whitenack to recommend to the City Council to approve Application 2005-04 for a Variance at 6118 39th Avenue North to allow a second curb cut for an existing driveway. Finding of facts and conditions of approval are as noted in staff report. Making note that the Planning Commission is aware of the requirement for a hard surface driveway. Motion carried. 2. Consider Application 2005-05 for a Variance at 3800 Yates Avenue North to allow a second curb cut for an existing driveway. Planner Sutter summarized the staff report. Planner Sutter stated that this is a similar item to the previous item, and staff is going to request of the City Council to refund the variance fees based on the fact that the City's street project triggered the need for them. Staff felt that the commission should be aware of this but it should not impact their decisions in any way, Public Hearing opened. No one spoke. Public Hearing closed. Moved by Commissioner VonRueden and seconded by Commissioner Hester to recommend to the City Council to approve Application 2005-05 for a Variance at 3800 Yates Avenue North to allow a second curb cut for an existing driveway, Finding of facts and conditions of approval are as noted in staff report. Motion carried. 3. Consider Application 2005-06 for a Variance at 4031 Adair Avenue North to allow a second curb cut for an existing driveway and the other curb cut to be 26 feet wide. Planner Sutter summarized the staff report. Planner Sutter continued to give a brief overview of the property and this particular situation. Planner Sutter showed a site plan from the owner and photos of the property. Staff is recommending approval for the second (south) curb cut, but there is no justification to grant the 26' width request from the property owner. The property can be reasonably accessed with the maximum curb cut of 22'. Commissioner Kruger asked how wide is the north curb cut now. Planner Sutter stated that it is currently 12' wide at the property line and flairs out as it goes back to the garage. Commissioner Kruger asked if code allows you to have 22' instead of the 26'that is being asked. Planner Sutter clarified that the maximum width allowed by the current code is 22', but the owner is asking for 26', this over the maximum allowed by the code. Commissioner Whitenack stated that it seems as though the owner is asking for a wider combined curb width like 4029 Adair, could you clarify this. Planner Sutter stated that a shared curb cut is 32' and if two property owners concur, they can come to the city and asked for a shared curb cut. Discussion continued for clarification amongst the commission members and Planner Sutter. Public Hearing Opened. No one spoke. Public Hearing closed. Moved by Commissioner Davis and seconded by Commissioner Whitenack to recommend to the City Council to approve Application 2005-06 for a Variance at 4031 Adair Avenue North to allow a second curb cut for an existing driveway, and to deny the application to expand the driveway width from 22 to 26' of an existing driveway - Motion carried with 7-2 with Davis, Nystrom, Whitenack, VonRueden, Hester, Atkinson and Strand voting aye, and Sears and Kruger voting nay.. Commissioner Atkinson left the meeting at this point. 4. Consider Application 2005-07 for a Variance at 4955 Quail Avenue North to reduce the front and rear setback requirements to match the Iocation of the existing house. Planner Sutter summarized the staff report. Planner Sutter stated that this is another unique situation. The City created the hardship by putting the lot lines where they are today. Staff recommends approval based on the fact that the city created the hardship not once but twice as the property was subdivided over the years. Commissioner Kruger asked if they would be moving it closer to the road. Planner Sutter clarified that this variance moves the setback lines to match the existing house's closest approach to the property lines. Commissioner Kruger asked if they are going to move the building. Planner Sutter stated that is not what the owner is requesting at this time. However, the variance would run with the property and the house could be expanded in the future. Commissioner Whitenack asked if there was a F.A.R.(Floor-to-Area Ratio) or other limitations that could be applied to this property to keep a out of proportion building from being put there. Planner Sutter stated there is no F.A.R. for single family homes in the code. It might not be legal to put conditions on a property of what could possibly be built in the future. Discussion continued amongst Commission members and Planner Sutter for more clarification. Commissioner sears questioned visibility and traffic issues. Planner Sutter replied that if the Commission is concerned about traffic, the Commission could ask Council to put limitations on the variance. Maybe the city attorney could help staff come up with something that would hold up. Staff didn't feel comfortable putting limits on the variance because of the particular facts that are involved with this property. Commissioner Whitenack asked what is planned for that area of Quail under the Street Reconstruction Program. Planner Sutter stated that the neighborhood is scheduled for 2009 which would mean a feasibility study would tentatively be ordered in 2008 and the design would not happen until then. The engineers will have to address the unique situation when this area comes up and be creative with their solutions. Commissioner Hester stated that issue shouldn't really be addressed at this meeting. Commissioner Kruger stated that this area was formed sort of like an alley way and that is how this situation sort of came up, Public Hearing Opened. Shelby Georgeson of 5009 50`" Avenue North stated that if obstruction of traffic is a concern it is her opinion that the property is situated so uniquely along with unique landscaping that it really couldn't be any more obstructed than it already is. Public Hearing closed. Moved by Commissioner Sears and seconded by Commissioner Nystrom to recommend to the City Council to approve Application 2005-07 for a Variance at 4955 Quail Avenue North to reduce the front and rear setback requirements to match the location of the existing house. Finding of facts and conditions of approval are as noted in staff report. Motion carried. 5. Consider Application 2005-08 for a Conditional Use Permit and Site Plan Review for renovation of the Crystal Aquatic Center at 4800 Douglas Drive North. Planner Sutter summarized the staff report. Staff notes that there is no way to light the pool without exceeding 0.4 foot candles at the lot line along the cemetery, but staff is confident that this will not negatively impact the cemetery. Commissioner Whitenack asked if downcast lighting is being used. Jim Maland from Bonestroo & Associates and also the architect for this project spoke and stated that yes downcast lighting is being used. Commissioner Kruger asked how the pool is expanding. Maland explained that they are really just changing the way the water is being used in the area. They are adding new feature that to make it more exciting to users and help generate more revenue. Public Hearing opened. No one spoke Public Hearing closed_ Moved by Commissioner VonRueden and seconded by Commissioner Kruger to recommend to the City Council to approve Application 2005-08 for a Conditional Use Permit and Site Plan Review for renovation of the Crystal Aquatic Center at 4800 Douglas Drive North. Finding of facts and conditions of approval are as noted in staff report. Motion. carried. �3. OLD BUSINESS None E. NEW BUSINESS None 1'. GENERAL INFORMATION Planner Sutter stated that at the July 11`h meeting there will probably be another variance application from the phase 7 street project. C. OPEN FORUM None 1-1. ADJOURNMENT Moved by Commissioner Sears and seconded by Commissioner Kruger to adjourn. Motion carried. The meeting adjourned at 8:14 p.m. Chair Davis CRYSTAL PLANNING COMMISSION July 11, 2005 A. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Davis, Nystrom, Whitenack, VonRueden, Krueger, Hester, Atkinson, Strand, and City Council Liaison Bowman. Also present were the following: Planner Sutter and Recording Secretary Matthews. B. APPROVAL OF MINUTES Moved by Commissioner Kruger and seconded by Commissioner Nystrom to approve the minutes of the June 13, 2005 regular meeting and work session. Motion carried. C. PUBLIC HEARINGS 1. Consider Application 2005-09 for a Conditional Use Permit to allow outdoor storage as part of a proposed landscaping business at 3231 Nevada Avenue North and 733133 d Avenue North. Planner Sutter summarized the staff report and stated that staff recommends continuing this item until the August 8th meeting, so staff can continue discussion about the outdoor storage issues with the applicant. Commissioner Nystrom asked the applicant if he was ok with waiting until the August 8th meeting for this to be heard. The applicant stated that yes he was ok with that. Public Hearing opened. No one spoke. Moved by Commissioner Kruger, seconded by Commissioner Nystrom to continue until August 8th the discussion of Application 2005-09 for Conditional Use Permit to allow outdoor storage as part of a proposed landscaping business at 3231 Nevada Avenue North and 733133 d Avenue North. Motion carried. 2. Consider Application 2005-10 for a Variance to allow an angled transition taper in the 381h Avenue right-of-way for access to a lawful nonconforming driveway at 3732 Xenia Ave N. Planner Sutter summarized the staff report, and stated that staff is recommending approval Public Hearing opened. No one spoke. Public Hearing closed. No discussion from the Planning Commission. Motion by Chair Davis, seconded by Commissioner VonRueden to approve Application 2005-10 for a Variance to allow an angled transition taper in the 38ch Avenue right-of-way for access to a lawful nonconforming driveway at 3732 Xenia Ave N. Findings of fact as stated in the staff report. D. OLD BUSINESS None E. NEW BUSINESS Nobe 1-,, GENERAL INFORMATION Planner Sutter stated that at the August 8`h meeting will probably reopen the Public Hearing on the proposed Landscaping Business. There will probably be a renewal of the school district's conditional use permit for Cavanaugh, to be followed by plans for new site improvements in 2006. OPEN FORUM Commissioner Atkinson stated that she is resigning from the commission because she and her husband will be moving. She thanked the commission members for their hard work and stated that she enjoyed working with them. 1.1. ADJOURNMENT Moved by Commissioner Whitenack and seconded by Commissioner VonRueden to adjourn. Motion carried. The meeting adjourned at 7:20 p.m. Chair Davis Secretary Strand CRYSTAL PLANNING COMMISSION August 8, 2005 A. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the following present: Sears, Davis, Nystrom, Whitenack, VonRueden, Krueger, Hester, Strand, and City Council Liaison Bowman. Also present were the following: Planner Sutter and Recording Secretary Matthews. II: APPROVAL OF MINUTES Moved by Commissioner Kruger and seconded by Commissioner Nystrom to approve the minutes of the July 11, 2005 regular meeting and work session. Motion carried. C. PUBLIC HEARINGS 1. Consider Application 2005-09 for a Conditional Use Permit to allow outdoor storage as part of a proposed landscaping business at 3231 Nevada Avenue North and 733133 rd Avenue North. Planner Sutter summarized the staff report, and stated that the recent submittal from the applicant addresses the code compliance issues that the city had with these properties, and the applicant's type of business. In addition, the applicant is requesting to defer having the site plan professionally drawn up. They would like as part of approval of the conditional use permit that the site plan get delegated to staff so that they know that the use is approved. Since this is essentially a parking lot expansion the site plan is fairly straight forward, and stays under the watershed threshold, and staff is comfortable with this request.. The recommendation is for approval with the conditions that are outlined in the staff report. Mayor Bowman asked if the exhibits H, I and J in the packets are actual shots from the site. Planner Sutter stated that yes these are existing conditions of the property. Mayor Bowman stated that she her hope would be that the site would never again look like this, and she would like the site cleaned up and kept nicely, Colin O'Neill, the owner of Prescription Landscape stated that he is aware that this property is currently not in compliance with the City's code and he is certainly not proposing that his business will look like this. His other facilities look very clean and are up to the city codes. He stated that it is being cleaned up right now and they will certainly not let the property look that way again. Commissioner Davis asked if the properties had to be combined before the commission went ahead with this process. Planner Sutter stated that this would be a condition prior to beginning operations. Commissioner Davis asked if the applicant was in agreement with what the city is requiring. O'Neill replied yes and they understand the requirements of the city. Commissioner Kruger asked if the properties were going to be combined as one parcel. Planner Sutter replied that yes that would be one of the conditions of the recommendations prior to conducting any use on the 7331 33rd parcel. Commissioner VonRueden asked if they were comfortable storing burlap covered trees on a hard surface. O'Neill replied that yes they would put some timber down and some pea gravel over the top of it. Once the site plan is done there are some larger trees that will be saved and some area that could be utilized by the trees. Commissioner Sears asked if there would be water brought out. O'Neill replied that there is currently a sprinkler system that they would probably pull a line out from to supply water. They are not sure at this point exactly how it will be done. Conversation continued amongst the commission members and the applicant for further clarification on a few more minor details. Public Hearing closed. Moved by Commissioner Nystrom, seconded by Commissioner Sears to recommend to City Council to approve Application 2005-09 for Conditional Use Permit to allow outdoor storage as part of a proposed landscaping business at 3231 Nevada Avenue North and 7331 33rd Avenue North. Commissioner Nystrom stated that the way the property is laid out that this seemed to be an ideal use for it. Findings of fact are as outlined in the staff report. Motion carried. 2. Consider Application 2005-11 for a one year extension of a previously issued interim, temporary Conditional Use Permit for the Highview Alternative Program at the former Cavanaugh Elementary School, 5400 Corvallis Avenue North Planner Sutter summarized the staff report and stated that at this time the district is asking for an extension on the existing Conditional Use Permit. Staff recommends approval as outlined in the staff report. Commissioner Kruger stated that even thought there may not be formal complaints received at the city concerning this, he has heard a lot of concern from different people about the parking on the street while the parking lot is almost empty. When there is a lot of snow this is dangerous for children. Commissioner Kruger stated he is in favor of Highview but the parking issues concern him. Commissioner Davis asked Planner Sutter how the Commission could address this issue. Planner Sutter explained that parking is allowed on the South side at all times but not on the North side. During the day the amount of traffic that is on this road is close to the mid-range amount for a state aid street. This could be a reason to look at widening the street. The Planning Commission could recommend to Council changes for parking or just make an advisory about the potential problems for parking. The inadequacy of the street wouldn't be addressed until 2009 when the street reconstruction project is scheduled for that area, Commissioner Hester stated he remembered this concern from when this was first brought to the Planning Commission, and asked if there was anyone from the district. John Christianson from School District 281 stated that the district has moved some staff from the building to another location. The district is looking at a couple of issues regarding parking off of the street. This year they will be requiring staff to park in the parking lot, and looking at other ways to get parking off the street. They will be studying this for the Capitol Improvement Plan next year. Commissioner Davis asked if he had any idea how many staff members were parking on the street. Christianson replied that there are approximately 9-10 staff members. Planner Sutter stated that the numbers for vehicle and bus visits really do vary from day to day. Commissioner Nystrom expressed her concerns about bringing children in from all over to specific neighborhood schools, and the bus traffic that it generated. Christianson stated that he assumed that Commissioner Nystrom was referring to Fair School. Commissioner Nystrom confirmed that she was referring to Fair and that she assumes that this is not the same problem with this location. Discussion continued amongst the commissioner members and Christianson about parking and bus transportation. Planner Sutter stated that in a year the school district will come back to the commission with a final plan that will address the concerns, and site improvements. Planner Sutter stated that prior to the school district submitting their final plan, staff will be spot checking the traffic and parking. Christianson stated that they will check with staff in March about the spot checks. Commissioner Kruger stated that there is room to extend the parking lot to the east. Planner Sutter explained how this could possibly be done, and stated that this will of course be taken into consideration when this come up next year. Gordon Willey of 5116 Toledo Ave N stated his concerns were that groups of students were coming along in front of his property in the morning before school and after school smoking and throwing their litter on his property. Also there was no stop sign at the exit of the parking lot and maybe this would help make the intersection safer, or maybe even moving the curb cut. Closed Public Hearing Moved by Davis and seconded by Nystrom to recommend to City Council to approve Application 2005-11 for a one year extension of a previously issued interim, temporary Conditional Use Permit for Highview Alternative Program at the former Cavanaugh Elementary School, 5400 Corvallis Avenue North. Findings of fact are as outlined in the staff report. Moved by Commissioner Kruger seconded by Commissioner Nystrom to amend the motion to include city staff looking into the issues with on -street parking. Motion to amend carried. Original motion carried, as amended. D. OLD BUSINESS None E. NEW BUSINESS None F. GENERAL INFORMATION 1. City Council actions on recent Planning Commission items was included in the agenda packet. 2. Resignation letter from Lisa Atkinson was include in the agenda packet. 3. There are no applications at this time for the September meeting. G. OPEN FORUM 11, ADJOURNMENT Moved by Commissioner Kruger and seconded by Commissioner Nystrom to adjourn. Motion carried. The meeting adjo ed at 8:02 p.m. Chair Davis ,�ecretary St CRYSTAL PLANNING COMMISSION November 14, 2005 A. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7:00 pm with the following present: Sears, Davis, Nystrom, Whitenack, VonRueden, Krueger, Hester, Brennan, and Strand. Also present were the following: City Council Liaison Bowman, Community Development Director Peters, City Planner Sutter and Recording Secretary Matthews. Chair Davis thanked Commissioner Kruger for all of his service to the city. B. APPROVAL OF MINUTES Moved by Commissioner Nystrom and seconded by Commissioner Kruger to approve the minutes of the October 10, 2005 regular meeting. Motion carried. C. PUBLIC HEARINGS 1. Consider Application 2005-13 for a Lot Division at 4047 Douglas Drive North to detach the west 88 feet of the property and incorporate it into the adjacent Hagemeister Pond Park. Planner Sutter summarized the staff report. Staff recommends approval as outlined in the staff report„ Commissioner Nystrom asked if there have been any objections from residents that live in the area. Planner Sutter stated that there hasn't been any objections, but he had answered a few questions regarding the process. Commissioner Kruger asked where the lot lines where in relation to any playgrounds or equipment. Planner Sutter described where some of the trails and other features of the park are located relative to the park boundaries. Commissioner Nystrom asked if there are any other properties that the city has interest in to add additional land to the park. Planner Sutter replied that this is a property owner driven series of acquisitions. The city hopes that in the future as houses sell, agreements can be made to add additional land to the park. Public Hearing opened. Public Hearing closed. Moved by Commissioner Sears, seconded by Commissioner VonRueden to recommend to City Council at the December 5, 2005 meeting to approve Application 2005-13 for a Lot Division at 4047 Douglas Drive North to detach the west 88 feet of the property and incorporate it into the adjacent Hagemeister Pond Park. Findings of fact are as outlined in the staff report. Motion carried. D. OLD BUSINESS F. NEW BUSINESS Mayor Bowman stated that as part of being the new Mayor she has spoken with each commission. As part of this process a Citizen's Input Hour has been put in place, and Open Forum is continuing at the City Council meetings. There is also a Youth Initiative which will work with the Mosaic Youth Center, which is located in Brooklyn Park and will help the city help its youth and some of the problems that they are facing in today's world. There will be more information regarding this initiative as it develops. Mayor Bowman continued about the other initiatives that she would like to implement. One is to work more closely with the business community in Crystal, and there is the hopes of meeting with them at least once a year. Working through the budget session was challenging but she is encouraged about how financially strong the city is. Mayor Bowman stated that she grew up in the area and went through the Robbinsdale school district as did her two daughters. Discussion continued amongst Mayor Bowman, the Planning Commissioners, Planner Sutter and Community Development Director Patrick Peters about many various city issues and potential projects. F. GENERAL INFORMATION Planner Sutter stated that no items have come in yet for the December meeting. The deadline is Friday the 18th of November. Planner Sutter stated the he and Community Development Director Peters thought it would be a good idea to hold an annual meeting in March to inform new commission members about what is expected of them and to do a sort of question and answer format, and possibly bringing in the city attorney to address the commission members. Commissioner Hester stated he would welcome any opportunities to learn more. Mayor Bowman stated that she had taken a couple of classes from GTS (Government Training Services). Planner Sutter replied that information could be put together for the March meeting for classes that would be available during the rest of the year. G. OPEN FORUM H. ADJOURNMENT Moved by Commissioner Nystrom and seconded by Commissioner Kruger to adjourn. The meeting adjourned at 8:17 p.m - Chair Davis a ecretary Strand Motion carried.