P&Z – 03-07-07 – Page 5
OFFICIAL MINUTES
PLANNING AND ZONING COMMISSION MEETING
MARCH 7, 2007
Saint Michael Council Chambers 7:00 p.m.
PRESENT: Chairperson David Dayon, Commission Members Joe Eull, Tom Hagerty, Duane Scheurer, Eric Hamilton, and Brian Leonard. Also present were Community Development Director Marc Weigle, Planner Mary Anderson, Council Representative Kevin Kasel, and Commission Secretary/Administrative Assistant Diana Berning. Commissioner Jeff Laney was excused.
Chair Dayon called the meeting to order, declaring a quorum present. The pledge of allegiance was said.
Set Agenda. Weigle added a new Fountain Lakes Concept Plan and Pelican Lake Land Use to the discussion items. Commissioners Leonard/Hamilton moved to set the agenda as amended. All voted aye.
Consent Agenda. Commissioners Hagerty/Eull moved to approve the consent agenda minutes for the Regular meeting of February 7, 2007, and to recommend approval to the City Council for the Final Plat to be known as the Final Plat for the Preserve East Tenth Addition with the following conditions.
1. Applicant enters into a Development Agreement with the City. The Development Agreement shall be recorded at Wright County at the Applicant’s expense;
2. Title commitment for the subject property is reviewed and approved by the City’s Attorney prior to the execution of the Development Agreement;
3. Homeowner’s Association documents are reviewed and approved by the City Attorney and recorded at Wright County;
4. The City Engineer reviews and approves all final grading, drainage and utility plans;
5. All required fees, assessments and escrows are paid prior to the recording of the Final Plat;
6. Landscaping is provided according to the overall plan and according to the City’s Ordinance.
7. A cash park dedication fee, for 6 lots, in the amount in force at the time of recording the Final Plat shall be paid in full; and
8. All local, county, state and federal regulations are adhered to.
All voted aye.
Public Hearing – Variance – To Allow Four Feet off the Required Side Yard Setback for Construction of a Single-Family Residence at 1986 Laquey Avenue NE; Applicant: Alpine Homes, 100 Central Avenue East (File No. 2007-10). Chair Dayon opened the public hearing to consider a variance of four feet off the required side yard setback of ten feet to a distance of six feet to allow for the construction of a single-family dwelling. Planner Anderson went over specifics of the request, reviewing information and discussion from the previous meeting. Since the last meeting, the builder has shortened the length of the porch to make it more conforming. Anderson also showed a floor plan of the proposed house. She suggested the Planning Commission review the variance procedure, and determine if there are special circumstances for this lot.
Jim Krystosek, Alpine Homes, was present to answer any questions. He said this is an unfortunate situation. The owner bought the lot independently and then asked Alpine to build the house. Krystosek said Alpine has spent hours changing the blueprints to try to make this house work on this lot. It would be hard to stretch the current plan to make it fit better, as it would create long and narrow rooms. There was discussion on the architectural control committee for this development, and what they require. Randy Krystosek, also with Alpine Homes, commented that one requirement is that the length of the house should be longer than the frontage of the garage. Hagerty said the architectural committee does not dictate what the Planning and Zoning Commission should do.
Dayon opened the hearing for public comment at 7:25 p.m.
Cheri Zajac - 1992 Laquey Avenue NE – She met with staff after she received the hearing notice. She is more concerned with Oakland Construction, the previous owner, for their misrepresentation. Although, she is also concerned with drainage, since the two structures will be so close together. She recommended that if the commission does approve the variance, they add requirements for the drainage.
Commissioners Eull/Leonard moved to close the public hearing at 7:27 p.m. All voted aye.
A different home could be built on this lot and still meet all the setbacks. There was discussion on drainage controls, and Weigle commented the drainage is looked at when issuing a permit, and when the Certificate of Occupancy is issued. The Commission reviewed the items in staff’s memo regarding the variance procedure. Krystosek said he believes the adjacent homeowners were granted the special privilege when they were allowed to build larger homes with more garage space. There isn’t a house that fits on there decently. Leonard noted the commission generally wants to see homes with more house frontage than garage frontage. Eull said this homeowner does have a disadvantage, since he is the last one to build on it. Scheurer does not think the homeowner’s rights are deprived, as he could build a smaller house on this lot.
Commissioners Leonard/Eull moved to approve the variance of four feet off the required 10 feet to a distance of six feet to the side property line for the construction of a single-family dwelling on property located on Lot 7, Block 2, The Landings of the Crow River Second Addition as found on the survey submitted by Lot Surveys company, Inc. dated January 3, 2007. Leonard, Eull, and Hamilton voted aye. Hagerty, Scheurer, and Dayon voted nay. There was discussion on whether the applicant would prefer to have it tabled until the full commission is present. Commissioners Hagerty/Hamilton moved to table the request to the next meeting. Hagerty, Hamilton, and Scheurer voted aye. Dayon, Leonard, and Eull voted nay. After further discussion on the appeal process, Commissioners Scheurer/Hamilton moved to deny the variance as requested. Eull, Scheurer, Hamilton, Leonard, and Dayon voted aye. Hagerty abstained. The motion passed 5-0.
The commission declared Findings of Fact for the denial. The applicant could design a different single-family home to meet the setbacks. The owner would not be deprived of his rights to construct a home, and it would be conveying a special privilege by allowing him to build this house. Commissioners Eull/Scheurer moved to adopt Findings of Fact as discussed. All voted aye. Weigle clarified to the applicant that a letter would need to be submitted to appeal this decision to the council.
*As she was leaving, Ms. Zajac (the owner of adjacent lot 6) said she thinks the commission should let the owner build the house.
Public Hearing – Preliminary Plat/PUD Plan for The Fields of St. Michael Commercial Addition; Applicant: The Fields Commercial Real Estate, LLC (File No. 2007-11). Chair Dayon opened the public hearing to consider a Preliminary Plat/PUD Plan for The Fields of St. Michael Commercial Addition. Community Development Director Weigle reviewed the general layout, noting that it is similar from the original design submitted several years ago. The overall PUD shows multiple commercial uses, which is consistent with the original plan. There is one proposed public street, which is petitioned to be considered by the council for the city to construct the road and assess it. Weigle said there are still more details staff would like to work out with the owner and county regarding CR 19. The initial right-of-way dedicated with the plat is probably sufficient, but more would be needed for a sidewalk. There is also the potential for a traffic signal at CR 19 and 15th Street. Weigle also said the commission should consider whether to allow the mini storage on Lot 3, since it is not a permitted use in the business district. The commission usually does not approve a Preliminary PUD plan without more details on signage and building requirements. Staff suggested holding the public hearing tonight, and then tabling a decision until more details are provided.
Greg Ebert, builder and partner of the project, was present to answer any questions. He said they would like the lots to be more flexible to allow them to work with all the different vendors involved. He assured the commission it would be a nice looking development, with hopefully more neighborhood type businesses. He cannot guarantee what the completed development will look like, especially in today’s market. Although, each building plan will be brought to the commission, and they can approve them accordingly.
The commission discussed the mini storage. During the initial reviews several years ago, the commission repeatedly commented that mini storage is not allowed in this zoning. It is a difficult lot though, with the powerlines overhead.
Dayon opened the hearing for public comment at 8:24 p.m.
Lindsay Fetzer - 11292 Lambert Court in Hanover. She said her house backs up to the lot with the proposed mini storage. She commented that she lives in a nice residential area, and she would not like to look at a mini storage in her back yard. There is another mini storage a mile down the road in Hanover.
Ron Carlson - 11184 14th Street in Hanover. His property also abuts the mini storage. He urged the commission to consider this from his perspective. When he bought his house, he was under the impression the area to the north would be wetland. He feels this would devalue his house. He also questioned the lighting, and whether that would be controlled. He can live with everything except the mini storage. He knows that people put the initial investment in to build it, but then they don’t maintain it. There was discussion on what would be a better use on that lot. The commission suggested requiring a berm along the south side to create a buffer.
Mario Cochiarella, from Maplewood Development, provided the commission with pictures of what the mini storage would look like. He thinks the mini storage actually fits in better in the residential development. He would prefer that this development be flexible to accommodate several users. He also commented that his commercial identifying sign was up before any of the adjacent residential properties were built.
Rose Robeck – 11102 16th Street NE. She wanted to know how Lachman Avenue would be connected. Weigle showed her the proposed connection. She is concerned that the connection would create a very busy intersection, and that she was not aware of that possibility when she moved there. The commission discussed connecting Lachman to the north, although that would not be good use of the land, and would create odd shaped lots.
Weigle also commented on a letter received from the city of Hanover, requesting that St. Michael retain sufficient right-of-way on CR 19 to allow for a trail connection. There was also discussion on plans for upgrading CR 19; however, at this time that is not in the county’s plan for many years in the future.
Cochiarella said he built the townhomes Ms. Robeck lives in, and there is a lot of greenspace and trees south of her to create a buffer for the intersection of Lachman Avenue. He also commented that the developers would prefer a signal at CR 19 and 15th Street as soon as possible. He asked that the commission consider allowing the trail to connect up through Lachman instead of along CR 19.
There being no additional public comment, Commissioners Hamilton/Leonard moved to close the public hearing at 8:47 p.m. All voted aye.
There were not enough details available to consider the request, but staff recommended approving the alignment of Lachman Avenue, since the council will be considering that at their next meeting.
Commissioners Eull/Leonard moved to approve the alignment of Lachman Avenue as shown. All voted aye.
Commissioners Leonard/Hamilton moved to table the Preliminary Plat/PUD Plan to a future meeting to allow more time to obtain additional information and updated plans. All voted aye.
Discussion Items:
Concept Plan – J&B Master Plan. Mike Altimari, J&B Group, was present to discuss a possible expansion of the J&B site. The Phase I area would include a common dock and a new freezer space, which would add about 95,000 more square feet. A second phase could be considered at a later date which would include additional office space and reorganized parking. He reviewed specifics of Phase I, including the new parking area for overnight trucks. Altimari answered the commission’s questions regarding TH 241 access, and the amount of trucks and daily deliveries.
The area of most concern was the parking on the northeast portion of the site. Altimari said the closest truck would still be 300 feet away from Naber Avenue. The maintenance crew is also looking for ways to decrease the fan noise on the building, which has been a problem in the past. Weigle showed several pictures of the area, with the landscaping providing a buffer. J&B is also proposing a fence around the property. Weigle said there will be a neighborhood meeting before the public hearing. He also suggested looking at a PUD to clean up the property lines and parcels on the site.
Dennis Fehn Excavating – Concept for Interim Use Permit. Weigle showed the location and reviewed adjacent properties. This area is currently zoned industrial. Dennis Fehn would like to obtain an IUP to work on grading the site, and possibly storing some equipment on it, with the intent to eventually move their office/shop to the site. The cold storage building could be included in the IUP. Weigle described future plans for a connection to Rogers through this area, although that could be 20-25 years in the future. The commission discussed possible options for an IUP, and conditions that could be included. The general consensus of the commission is that this would work for the business, but to make sure there is enough right-of-way for a future road.