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2005.02.14 PC Meeting PacketCRYSTAL PLANNING COMMISSION AGENDA SUMMARY Regular Meeting February 14, 2005 7:00 p.m. Crystal City Hall — Council Chambers 4141 Douglas Dr N A. CALL TO ORDER B. APPROVAL OF MINUTES • January 10, 2005 regular meeting.* C. PUBLIC HEARINGS D. OLD BUSINESS E. NEW BUSINESS F. GENERAL INFORMATION 1. City Council actions on recent Planning Commission items.* 2. Planning Commission attendance for 2004.* 3. Staff preview of likely agenda items for March 14, 2005 meeting. G. OPEN FORUM H. ADJOURNMENT *Items for which supporting material will be included in the meeting packet. Note: The Planning Commission will hold a work session in Conference Room A immediately following the regular meeting. There is a separate agenda for the work session. -1� CRYSTAL PLANNING COMMISSION JANUARY 10, 2005 A. CALL TO ORDER Page I of 5 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. b. Vice Chairperson Motion carried 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 I. 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 S 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 56`i' Avenue North. Motion carried E. 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 requested a work session for the Planning Commission. Commissioner Kruger suggest that this would be a good way to get to know each other better since there are new members and to refresh our minds about what the duties and boundaries of the commission are. Commissioner VonRueden requested a presentation by the city attorney like they had done in the past. Planner Sutter suggested that the February meeting might 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 him an extension. If not, the city will establish a timeline for compliance, then refer the matter to civil court if necessary. H. OPEN FORUM None L ADJOURNMENT Motion to adjourn by Commissioner Krueger and seconded by Commissioner Nystrom to adjourn. The meeting adjourned at 8:09 p.m. Chair Davis Secretary Strand wo Page 5of5 Motion carried. CITY COUNCIL ACTIONS ON PLANNING COMMISSION ITEMS January 18, 2005: 1. Approved a site plan and conditional use permit for construction of a new TCF Bank at 6830 56th Avenue North. 2. Denied variances to reduce the front and side setbacks at 4628 Hampshire Avenue North. The Council's actions on the items above were consistent with the Planning Commission's recommendations. KEY: Y PRESENT N ABSENT REG REGULAR MEETING SPC SPECIAL MEETING CANCELLED REGULAR MEETING NOT A MEMBER OF THE COMMISSION PLANNING COMMISSION ATTENDANCE FOR 2004 NAME OF 1/12 2/9 3/8 4/12 5/10 6/14 07/12 8/9 9/13 10/11 11/8 12/13 % ATTENDANCE AT # ABSENCES FROM MEMBER REG REG REG REG REG REG REG REG ` REG REG REG REG ALL MEETINGS REGULAR MEETINGS Atkinson Y Y Y 100% 0 Davis Y Y N Y Y Y Y Y N 78% 2 Graham, " Vis, Y Y N N N 40% 3 Hester Y Y N Y Y Y Y Y 88% 1 Krueger Y Y Y Y YY Y Y Y 100% 0 Nystrom Y Y Y Y Y Y Y Y Y 100% 0 Sears Y N Y N N Y Y Y Y 67% 3 Strand Y r r Y I Y N Y Y Y 89% 1 VonRueden Y Y Y Y Y Y Y Y Y 100% 0 Whitenack Y N Y Y 75% 1 Joselyn (liaison) Y Y Y Y Y Y Y N Y 89% 1 KEY: Y PRESENT N ABSENT REG REGULAR MEETING SPC SPECIAL MEETING CANCELLED REGULAR MEETING NOT A MEMBER OF THE COMMISSION