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HomeMy WebLinkAbout06-10-2004 MinutesCITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday, June 10, 2004 Call To Order Chair Dwyer called the meeting to order at 7:00 p.m. Present: Vice Chair Runk and Commissioner Oswald. City Administrator Johnson, City Planner Richards and Commission Liaison McComber. Absent: Commissioner Liljegren. Approval of Agenda: Chair Dwyer, seconded by Commissioner Oswald, moved to approve the Agenda as presented. Carried 5 -0. Approve Minutes: Commissioner Dwyer, seconded by Vice Chair Runk, moved to approve the Minutes of May 13, 2004 as amended. Carried 3 -0. Department /Commission Liaison Reports /Other Reports A. Commission Liaison B. St. Croix Crossing Update Commission Liaison McComber reported that information meetings will be held June 15, 2004 at the Hudson Sr. High School and June 21, 2004 at the Stillwater Junior High School. Both meetings are proceeded by an open house at 5 p.m., with the presentation beginning at 6 p.m. It was noted that the meetings are question /answer sessions and that there would be no comment or testimony taken. C. Other: Visitors /Public Comment There were no visitors to the meeting other than those present for items upon the published Agenda. Public Hearings A. Larry Phillips — 5272 Stagecoach Trail, N. : To consider a request for zoning district amendment of variance from city ordinance 401.15.A.7- Destroyed Non - conforming Use, allowing reconstruction of single family dwelling within an I, Industrial Use zoning district. City Planner Richards reviewed the June 3, 2004 planning report regarding the request, noting that a fourth option had been suggested by Commission Liaison McComber for consideration should it be determined that the residential use of the property should continue. Richards noted the suggested option as the rezoning the property, along with the adjacent business property, vacant land and residential properties on Stagecoach Trail be rezoned to RB, Residential Business Transitional zoning. It was noted that should this option be selected, the applicant's request would need to be delayed in order to work through the related issues and notify the other property owners. Richards provided an issue analysis and recommended conditions for approval, should the Commission wish to recommend approval of the request. Chair Dwyer opened the hearing for comment. Larry Phillips — 5272 Stagecoach Trail, N. briefly stated the situation he was in and expressed his preference to the 4th option presented. Mr. Phillips explained why he felt the current zoning was inappropriate and how he believed rezoning the property would allow him to rebuild his home, make it conforming and allow him to have the investment in his home protected. Planning Commission Minutes June 10, 2004 Page 2 of 6 Chair Dwyer inquired as to the property zoning at the time of purchase. It was determined that the property zoning was the same as it is presently and that Mr. Phillips was unaware of it at the time of purchase. Mr. Phillips asserted that the home had been used as a tri -plex and that with its reconstruction it would be turned into a single - family residential dwelling. There being no other visitors to the hearings, Vice Chair Runk, seconded by Commissioner Oswald, moved to close the public hearing. Carried 3 -0. Discussion ensued as to the status of area being zoned Industrial since at least the 1970's, option 4 area inclusions and comprehensive plan and zoning text amendment requirements, option 2 variance options possible with a condition extending time frame to allow compliance and actions establishing precedence with a zoning change. It was noted that with a variance the property could still be sold and a single family residential dwelling and could still be erected should Mr. Phillips choose not to rebuild at the site for himself. Chair Dwyer clarified with Mr. Phillips his desire to have the property rezoned so he can build a single family home within the time needed to allow an architect to design it and to get it constructed. Vice Chair Runk, seconded by Commissioner Oswald, moved to recommend City Council approval subject to the June 2, 2004 Planning Report conditions as amended: A. Denial of the rezoning from I, Industrial to R -1, Single Family Residential District based upon the following findings: The surrounding zoning districts to the subject property are O, Open Space Conservation and I, Industrial. 2. The Comprehensive Plan for the City of Oak Park Heights designates the land use for this area as Highway Business /Warehouse. Rezoning the subject site from I, Industrial to R -1, Single Family Residential District would constitute a spot zoning, which is not permitted under Section 401, the Zoning Ordinance of the City of Oak Park Heights. B. The Planning Cominission of t City o Oak Park He ights recommends that a variance from Section 401.15.A:7 of the Zoning Ordinance to allow a single family residence to be constructed on the subject site subject to the following findings of fact: The subject site has existed as a single - family property before the City of Oak Park Heights designated a Highway Business /Warehouse Comprehensive Plan land use designation or zoned the property industrial. 2. Use of the property for industrial purposes is limited and difficult by the size of the lot and the access /site lines for the property. 3. The hardship and need for the variance was created by a fire which constitutes a special condition or circumstance not resulting from the actions of the property owner. Planning Commission Minutes June 10, 2004 Page 3 of 6 4. Use of the site for a single - family residence is a reasonable use of the property. The 2004 Minnesota Legislature enacted legislation effective after the date of the fire which favors reconstruction of pre - existing nonconforming structures that are more than 50 percent destroyed. C. The Planning Commission of the City of Oak Park Heights recommends the variance from Section 401.15.A.7 of the Zoning Ordinance with the following conditions: The property is reconstructed exclusively as a single- family dwelling. 2. The well and septic system will be tested with results forwarded to the City before issuance of a building permit. If a new well or septic system is requited for the property, they shall be constructed and operational before a Certificate of Occupancy is issued by the Building Official. All setbacks of the applicable zoning district shall be complied with for a new structure. 4. The property shall be in compliance with floodplain regulations, and shall be subject to review and approval of the City Engineer and Middle St. Croix Watershed District. A building permit shall be issued for a single - family structure on the subject site no later than July 1, 2005 and the structure shall be completed with a certificate of occupancy issued by July 1, 2006. Carried 3 -0. Chair Dwyer, seconded by Vice Chair Runk, moved to recommend City Council direct the Planning Commission to conduct a planning study, including a Comprehensive Plan and zoning analysis, for that area along Stagecoach Trail North currently zoned I, Industrial; B -W, Business /Warehouse; and R -2, Low and Medium Density Residential. Carried 3 -0. B. Doom & Thorbus Automotive Consultants To consider request for conditional use permit allowing outdoor sales and storage of used automobiles at 14389 59th St. N. City Planner Richards reviewed the June 3, 2004 planning report as to the request as it relates to the request, provided an issue analysis and recommended conditions for approval, should the Commission wish to recommend approval of the request. Chair Dwyer opened the hearing for comment. Rose Kelly — 14385 59th St. N. stated that her driveway backs out onto 59 St. N. and that she is concerned about more traffic backing out onto the roadway. She feels that there area lot of cars at the site already with the existing business. Planning Commission Minutes June 10, 2004 Page 4 of 6 Kevin LaCasse - introduced himself as the principle of the agency that owns the building. He stated that the business is an automotive brokerage business and that the number of vehicle on site at any time is very limited. He pointed out that another tenant in the same site as an office use could easily generate more vehicle traffic and increase the number of needed parking without having to go through a public hearing process. He addressed the screening requirement and clarified what material is being required and confirmed that a wooden screen would likely be acceptable. Charles Simonet - 5888 Olene Ave. N. inquired as to the location of the screening placement and expressed that he felt there wasn't any room for one. He is concerned about parking and increased traffic flow, especially large trucks being parked in the roadway of Olene Ave. N. while they are being loaded or unloaded and blocking residential access. He stated that he is not in favor of approval. David Thorbus — the applicant stated that State Licensure of his business requires 5 parking spaces and that while he may occasionally utilize all 5 that would not be the norm for his business operation. He pointed out that his business does not utilize truck delivery of vehicles, that he does not keep a large inventory and does not currently know for certain that he will be storing his inventory on site, in the outdoor conditions. The business operation is a retail sales business with vehicles shown by appointment and at most there may be one person at the office. Vice Chair Runk, seconded by Commissioner Oswald, moved to close the public hearing. Carried 3 -0. Discussion ensued as to both observed and anticipated tenant parking and traffic at the site, marking of facility parking spaces, total parking space requirements for the entire building with notation that the building is in compliance, snow plowing and related issues. Vice Chair Runk, seconded by Chair Dwyer, moved to recommend City Council approval, subject to the June 3, 2004 Planning Report conditions as amended: 1. All cars sold outside shall be shown by appointment only. 2. There shall be no advertising of the business that would invite the public to view the inventory on site. There shall be no special event advertising devices such as business, flags, or prices on windows used on site. 4. All cars shall be presentable and in full operable condition. 5. One two foot by three foot wall sign shall be allowed for the operation, subject to review and approval of City staff. 6. No more than five for sale cars shall be kept on site at any given time. Planning Commission Minutes June 10, 2004 Page 5 of 6 No automobile repairs shall be done in the parking lot for the operation. There shall be no exterior storage of automobile parts, accessories, or related items on site. 9. All noise created from the operations shall be in conformance with Section 401.15.B.11 of the Zoning Ordinance. 10. The sales operation shall not be operated between the hours of 10:00 PM and 6:00 AM. 11. The property owner shall work with the adjacent single family owner to determine if any additional screening or landscaping is necessary in their side yard to screen the commercial building and parking area. The property owner shall develop a screening /landscaping plan subject to review and approval of the City staff. The approved screening /landscaping plan shall be installed 90 days following City Council approval of the conditional use permit. 12. The property owner shall develop a plan to screen the trash dumpsters, subject to review and approval of City staff. The approved screening plan shall be installed 90 days following City Council approval of the conditional use permit. 13. One additional disability accessible stall shall be designated near the rear of the building, subject to review and approval of the City staff. 14. The tenant may designate up to five parking spaces for exclusive use of the auto sales business. Carried 3 -0. Chair Dwyer, seconded by Commissioner Oswald, moved to recommend City Council direct that the Oak Park Heights Police Department and Public Works Department review the site and make a recommendation on street parking and loading access for 59 Street North, Olene Avenue North, Ohnda Avenue North and 60 Street North. Carried 3 -0. New Business A. Planning Commissioner Appointment Chair Dwyer stated that two highly qualified candidates applied for the commission vacancy and were interviewed. He extended thanks to both applicants for applying. Chair Dwyer, seconded by Commissioner Oswald, moved to recommend that the City Council appoint Warren Wasescha to the Commission seat for a 3 year term. Carried 3 -0. Old Business A. Re- establish Council Representation Schedule Chair Dwyer, seconded by Commissioner Oswald, moved to table this matter to the July meeting, when the new Commissioner is on board. Carried 3 -0. Planning Commission Minutes June 10, 2004 Page 6of6 Informational A. Next Meeting July 8, 2004 7:00 p.m. — Regular Meeting B. Council Representative June — Commissioner Liljegren July — Vice Chair Runk Adjournment Commissioner Oswald, seconded by Vice Chair Runk, moved to adjourn at 8:28 p.m. Carried 3 -0. Respectfully submitted, (+AJ�' - fl Lc4yyU(—� Julie A. Hultman Community Development Approved by the Planning Commission: July 15, 2004. 4 -0.