The URL can be used to link to this page

2002 - Planning Commission - Agenda's & Minutes • CITY OF SPRING PARK SPRING PARK,MINNESOTA AGENDA PLANNING COMMISSION MEETING JANUARY 9, 2002 7:30 P.M.—CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL OATH OF OFFICE—Mork Bredeson&Nasset 3. ADOPT AGENDA 4. APPROVAL OF MINUTES—December 12, 2001 5. PLANNING COMMISSION a) Elect Chair&Acting Chair • b) Sign Permit Application,Atlas Anchoring, LLC,4636 Shoreline Drive 6. COMMUNICATIONS a) Council Minutes— 12/17/01 b) City Calendar—January 2002 7. MISCELLANEOUS 8. ADJOURNMENT • CITY OF SPRING PARK • SPRING PARK, MINNESOTA MINUTES PLANNING COMMISSION JANUARY 9, 2002 7:30 P.M.—CITY HALL 1. CALL TO ORDER Chair Anderson called the meeting to order at 7:30 p.m. followed by the Pledge of Allegiance. 2. ROLL CALL Mork Bredeson, Anderson, Hovelsrud, Karpas, Klein and Ex-Officio Stone were present and Nelson was absent. Staff present: Deputy Clerk Corl. Nasset arrived after the roll was taken. OATH OF OFFICE - Mork Bredeson&Nasset Deputy Clerk Corl administered the oath of office to Mork Bredeson and Nasset. • Both terms expire 12/31/05. 3. ADOPT AGENDA Deputy Clerk Corl submitted an amended agenda. Motion by Karpas seconded by Mork Bredeson to adopt the amended agenda. All votes were aye. Motion declared carried. 4. APPROVAL OF MINUTES—December 12, 2001 Motion by Karpas seconded by Klein to approve the minutes for the Planning Commission Meeting December 12, 2001. All votes were aye. Motion declared carried. 5. PLANNING COMMISSION a) Elect Chair&Acting Chair Anderson called for nominations for Chair. Karpas nominated Anderson for Chair. Anderson asked for further nominations for Chair three times. Having none, nominations for Chair were closed. Upon roll call Mork Bredeson, Hovelsrud, Karpas, Nasset and Klein voted aye, Anderson abstained. Anderson was declared Chair of the Planning Commission. • Planning Commission — 1/9/02 1 Anderson asked for nominations for Acting Chair. Hovelsrud nominated Mork • Bredeson. Anderson asked for further nominations for Acting Chair three times. Having none, nominations for Acting Chair were closed. Mork Bredeson was declared Acting Chair. b) Sign Permit Application,Atlas Anchoring, LLC,4636 Shoreline Drive Karpas recommended sign permit applications require professional drawings submitted with the application and show colors and Klein agreed. Karpas added this should be required for only a permanent sign. Motion by Karpas seconded by Klein to require all permanent sign permit applications to show the sign drawn to scale in a professional manner. In discussion Hovelsrud asked why the Planning Commission has to look at sign permits applications when the staff has already approved them. Mork Bredeson pointed out there is no way to address a sign that may be an issue if the Staff has approved it. Nasset agreed that if the Planning Commission gives up the responsibility a controversial sign might be requested and the Planning Commission will want to discuss it. Karpas pointed out his motion and this discussion is two separate issues. He asked for an ordinance review on procedure for sign permit approval. All votes were aye. Motion declared carried. • Motion by Hovelsrud seconded by Klein to approve the sign permit application for Atlas Anchoring, LLC, 4636 Shoreline Drive. All votes were aye. Motion declared carried. 6. COMMUNICATIONS The following communications were noted: a) Council Minutes— 12/17/01 b) City Calendar—January 2002 c) Schoell &Madson Re: Meeting Sunset Drive— 1/3/02 7. MISCELLANEOUS Stone recommended the Planning Commissioners read the minutes of the meeting with the County on Sunset Drive and ask questions. Mork Bredeson verified there would be a minimum wait of five years for Sunset Drive to be considered by the County as a capital improvement project. Stone added the City would pay a surcharge of 18%. Stone said the county displayed an aerial map of Sunset showing the right-of-way and the Council concluded to have a survey done of the street. She said the City would request to get on the county's schedule to do a survey. • Planning Commission — 1/9/02 2 Hovelsrud said it sounds like county would like to update the street and then turn it is over to the City. He said he is opposed to the City taking over Sunset Drive. Stone said the county is adamant about not getting involved in these types of projects without the resident's approval. She said the current plan is to get the county to survey the street and the City get feedback from residents. 8. ADJOURNMENT Motion by Hovelsrud seconded by Mork Bredeson to adjourn the meeting at 7:55 p.m. All votes were aye. Motion declared carried. &-,Lk `mod ' SHARON CORI, DEPUTY CLERK • is Planning Commission— 1/9/02 3 ......................... ...... .................... ............ ....... ......... .............. ................I...... 0 s o-p @,A 8 0 W op ' TA03 UOAPqS 10 dcvp....q siyj aw atojaq of Moms puv paqljasqng ................................................................................................ ............................. .............................................................................................................................. .............................................................................................................................. .............................................................................................................................. .............................................................................................................................. ...................................I.......................................................................................... .......................................................................................... TOO aw djay oS *,c;ll!qD puv juauigpnf Cw jo;saq ail; of 't);osauu!N jo aims puv .............� 5.6 ij d.�....... ayl jo .....................d�6U��......JO Xlu"00 all; ul''ui ,A@UO I ................SSI............b..0 l...uuL.....Id. jo aj.?Jjo ayl jo saimp ay; affJvVjsipCjjnjVp-vj puv 'viosauu!m 10 al-DIS WWOO D aw 10 PUD Rams Palm] ayl jo uOlInpleupo ayl uoddns Ipm I Ivy; ................................ .tvamirkjuwaps op I ............................................................................................. .1 u0sapaj8 �,Aow upac �J,Pd 5u I*J d'S 41*0' .....joClunoa 67310sauuli]x jo allols SZZ9-008-009-L ejem4oS Pue'3w-'SAS U0110013 laawo AID Jo LPVO--Wz Countyof.................................... • ............of ................................. ................................................ ................................................ ................................................ Oath of City Officer Filed this............................day of ................................... . Year...... ............................I.........I......... ................................................ No.206-08th of City Officer Election Systems and Software 1-800-800-8225 State of Minnesota, ) Hennepin Countyof....................................... ar. City of Spring Park . . ...................................... Ann Nasset........................................................................ ,do solemnly swear ............................................. that 1 will support the Constitution of the United States and of the State of Minnesota, and faithfully discharge the duties of the office o .Planning Commissioner of the.... CitY............of ...Spring..Park..................in the County of....Hennepi.n. ..................... and State of Minnesota, to the best of my judgment and ability. So help me God. Term expires 12/31/05 .............................................................................................................................. .............................................................................................................................. .............................................................................................................................. .............................................................................................................................. .............................................................................................................................. .............................................................................................................................. ............................. ................................................................................................ Subscribed and sworn to before me this .......9th.dayof..January Year...,2002 � Sha�ron Corl , Deputy Clerk Ann Nasset 0 i Countyof.................................... ............of ................................I • ................................................ ................................................ ................................................ Oath of City Officer Filed this ............................day of ................................... . Year...... ................................................ ................................................ • CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA PLANNING COMMISSION MARCH 13, 2002 7:30 P.M.—CITY HALL 1. CALL TO ORDER 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES—Jan. 9, 2002 5. PLANNING COMMISSION a) Sign Permit Application 02-03 —Dave's Vinyl Flooring,4636 Shoreline Drive 1. Staff Summary b) Sign Permit Application 02-04—Wells Fargo,4400 Shoreline Drive 1. Staff Summary c) Sign Permit Application 02-05 —Wells Fargo, 4400 Shoreline Drive • d) Sign Permit Application 02-06 & 02-07—Liberty Painting & Maintenance, 4636 Shoreline Drive 1. Staff Summary 6. COMMUNICATIONS a) Council Minutes—3/4/02 7. MISCELLANEOUS 8. ADJOURNMENT • CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES PLANNING COMMISSION MARCH 13, 2002 7:30 P.M.—CITY HALL 1. CALL TO ORDER Chair Anderson called the meeting to order at 7:30 p.m. 2. ROLL CALL Anderson, Karpas, Klein and Ex-officio Stone were present and Mork Bredeson, Nelson, Hovelsrud were excused. Staff present: Deputy Clerk Corl. Nasset arrived after the roll was taken. 3. ADODT AGENDA Motion by Klein seconded by Karpas to adopt the agenda. All votes were aye. • All votes were aye. 4. APPROVAL OF MINUTES—January 9, 2002 Motion by Karpas seconded by Klein to approve the minutes for the Planning Commission Meeting January 9, 2002. All votes were aye. Motion declared carried. The Pledge of Allegiance followed the motion. 5. PLANNING COMMISSION a) Sign Permit Application 02-03 - Dave's Vinyl Flooring, 4636 Shoreline Drive 1. Staff Summary-Noted Dave Beverson was present and explained the permanent sign will be the same as the temporary sign except the framing will be metal instead of wood. Karpas noted the all of the permit applications had professional drawings of the proposed signs. Motion by Klein seconded by Karpas to approve sign permit application 02-03 for Dave's Vinyl Flooring, 4636 Shoreline Drive. All votes were aye. Motion declared carried. • b) Sign Permit Application 02-04—Wells Fargo,4400 Shoreline Drive 1. Staff Summary—Noted • Motion by Karpas seconded by Klein to approve sign permit application 02-04 and 02-05 for Wells Fargo, 4400 Shoreline Drive. All votes were aye. Motion declared carried. c) Sign Permit Application 02-05 — Wells Fargo, 4400 Shoreline Drive — Note previous motion. d) Sign Permit Application 02-06 & 02-07 — Liberty Painting & Maintenance, 4636 Shoreline Drive 1. Staff Summary-Noted Motion by Klein seconded by Karpas to approve sign permit application 02-06 and 02-07 for Liberty Painting & Maintenance, 4636 Shoreline Drive. All votes were aye. Motion declared carried. 6. COMMUNICATIONS The following communications were noted: a) Council Minutes—3/4/02 Karpas said he was disappointed that Minnetonka Beach is not supporting the trail. • 7. MISCELLANEOUS Deputy Clerk Corl informed the Planning Commissioners of a seminar Saturday April 271h from 9:30 am — 2:30 pm at the South Lake Center in Shorewood pertaining to effective planning. She stated if anyone is interested in attending they are to call the office for more information. In another matter, Corl confirmed the recent sign permit policy made by the Planning Commission was stated correctly. 8. ADJOURNMENT Motion by Nasset seconded by Karpas to adjourn the meeting at 7:46 p.m. All votes were aye. Motion declared carried. 2/ SHARON CORL DEPUTY CLERK • • CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA PLANNING COMMISSION MAY 8, 2002 7:30 P.M.—CITY HALL 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES—March 13, 2002 5. PLANNING COMMISSION a) Sign Permit Application—Danberry Co, Inc., 4410 Shoreline Drive • b) Banners 6. COMMUNIICATIONS a) Board of Review Minutes—4/8/02 b) Council Minutes—4/15/02 c) City Calendar-May 7. MISCELLANEOUS 8. ADJOURNMENT • • CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES PLANNING COMMISSION MAY 89 2002 7:30 P.M. — CITY HALL The Planning Commission did not meet due to the lack of a quorum. • • CITY OF SPRING PARK SPRING PARK,MINNESOTA AGENDA PLANNING COMMISSION JULY 10,2002 7:30 P.M.—CITY HALL 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES—March 13, 2002 5. PLANNING COMMISSION a) Conditional Use Permit Application, Lord Fletcher's Restaurant, 3746 Sunset Drive • 1. Open Public Hearing a) Publication 2. Discussion&Comments a) NAC Recommendation 3. Close Public Hearing 4. Recommendation to Council 6. COMMUNICATIONS a) Council Minutes—6/17/02 b) July Calendar c) Newsletter Summer 2002 7. MISCELLANEOUS 8. ADJOURNMENT • • CITY OF SPRING PARK SPRING PARK, MINNESOTA PLANNING COMMISSION MINUTES JULY 10, 2002 7:30 P.M.—CITY HALL 1. CALL TO ORDER PLEDGE OF ALLEGIANCE Acting Chair Mork Bredeson called the meeting to order at 7:30 p.m. followed by the Pledge of Allegiance. 2. ROLL CALL Mork Bredeson, Nelson, Hovelsrud, Karpas, Nasset, Klein and Ex-Officio Stone were present and Anderson was absent. Staff present: Deputy Clerk Corl. 3. ADOPT AGENDA • Motion by Nasset seconded by Karpas to adopt the agenda. All votes were aye. Motion declared carried. 4. APPROVAL OF MINUTES—March 13, 2002 Motion by Klein seconded by Hovelsrud to approve the minutes for the Planning Commission Meeting March 13, 2002. All votes were aye. Motion declared carried. 5. PLANNING COMMISSION a) Conditional Use Permit Application, Lord Fletcher's Restaurant, 3746 Sunset Drive 1. Open Public Hearing Acting Chair Mork Bredeson opened the public hearing at 7:32 pm. a) Publication Deputy Clerk Corl read the following publication that was published in the Lakeshore Weekly News: NOTICE is hereby given that the Planning Commission of the City of Spring Park will hold a public hearing on Wednesday July 10, 2002, at 7:30 p.m. at the Spring Park City Hall, 4349 Warren Avenue, to hear comments on a request for a Conditional Use Permit to allow a temporary • Tent for private events only in a commercial zone at: Planning Commission—7/10/02 1 • Lord Fletcher's Restaurant 3746 Sunset Drive 17-117-23-31-0049 All oral and written comments for and against will be heard at the above time and place Corl reported that no written or oral communications have been received. 2. Discussion & Comments a) NAC Recommendation Alan Bell, Lord Fletcher's Restaurant, was present. He explained there was a misunderstanding and he thought they did not need a permit for the tent. Klein asked if they previously had a tent. Bell said they had one last year for nine days and the City did not say anything. Klein asked what the tent was used for last year and Bell said it was used for special events. He added that his year the tent has not been a successful endeavor. Klein asked if the special events scheduled for the tent this year would be held on weekends. Bell said most of them are on a weekend. • Hovelsrud confirmed with Bell the tent would be used for this year only. Mork Bredeson asked when the tent would be taken down. Bell said the last party is scheduled for September 7th and then the tent can be taken down. Karpas asked what electrical work was done. Bell said it was for inside lighting. Stone stated the Fire Inspector approved the upgrades in early July. Klein confirmed the capacity would remain at 60 people. She asked if there was enough parking for the additional people in the tent. Bell said there is enough parking available. Hovelsrud stated he was against charging the recommended $200 penalty fee; his reason being the business is a good business neighbor. Karpas said there is a difference between a misunderstanding and a blatant disregard for the requirements. He stated this sounds like a legitimate misunderstanding. Nelson pointed out people who do residing without a permit are charged double fees. Karpas said double fees applied on the building permit is a different situation and the Planner recommended charging double for the Conditional Use Application and that is $200. Karpas referred to #8 on the Planner's list of conditions that states the tent should be removed and the site restored by September 23, 2002. • He asked Bell if the tent can be removed after the last booking on Planning Commission—7/10/02 2 • September 9th and Bell said it would be taken down. Karpas asked if the tent was air-conditioned and was told it is. Hovelsrud asked if a Building Permit is necessary. This was unknown. Stone requested the issues and conditions be discussed for the record. She noted the parking, date, and the penalty has already been discussed. Nasset surmised the setbacks have been met. Mork Bredeson asked if there were any deficiencies noted by the fire department. Stone said the fire department has given their approval of the tent. 3. Close Public Hearing Motion by Nasset seconded by Nelson to close the public hearing at 7:48 p.m. All votes were aye. Motion declared carried. 4. Recommendation to Council Motion by Karpas seconded by Klein to recommend to the Council to approve the Conditional Use Permit for Lord Fletcher's Restaurant, 3746 Sunset Drive, as applied subject to the nine conditions • recommended by the City Planner including the penalty fee. The conditions are as follows: 1. Sketch plan be submitted illustrating the tent's location on the site and all of the required C-1 and shoreland setback requirements are met. 2. Tent must be located on an existing impervious surface to avoid increased stormwater runoff. 3. Use of the tent must be for private bookings only, not open to the general public. Maximum tent capacity shall be limited to sixty (60) persons per event. 4. Tent shall be located in a manner that will not interfere or reduce existing on-site parking or driveways. 5. All building and fire code requirements for temporary commercial buildings shall be met. No food preparation cooking or plumbing facilities shall be provided within the tent. Applicant shall correct any deficiencies noted by the Fire Inspector. 6. In the event of nuisance complaints, the City may impose additional restrictions in tent use to remedy the nuisance problem. 7. No signage shall be allowed on the tent except for public safety signage. 8. The tent shall be utilized for the summer. The tent shall be completely removed and site restored by September 23, 2002. (The applicant agreed to remove the tent after the event on 9/7.) • 9. The applicant shall pay double application fees of$200 as penalty for processing the application after the tent was erected. Planning Commission—7/10/02 3 • Upon roll call Mork Bredeson, Nelson, Karpas, Nasset, and Klein voted aye and Hovelsrud voted no. Motion declared carried. Klein asked why a Conditional Use Permit is needed. Karpas said it is a change in the use for a Commercial Zone, which affects parking, number of people, etc. They discussed the penalty and determined there was lack of communication in the discussion last year regarding the use of a tent. 6. COMMUNICATIONS They following communications were noted: a) Council Minutes—6/17/02 b) July Calendar c) Newsletter Summer 2002 7. MISCELLANEOUS Deputy Clerk Corl noted the Appreciation Dinner for the Planning Commission and other volunteers for the City will be Monday evening August 26`h • Nelson reported the flag is missing from Thor Thompson Park. It was noted the flag at City Hall needs replacing so one can be ordered for the park at the same time. In another matter Nelson asked why so many boats are allowed to be parked and stored, by the business in the Tonka Ventures Building, in the lot on the corner of Sunset and Shoreline Drives. The Planning Commission discussed the issue at length. Stone suggested they make a recommendation to the Council. Motion by Hovelsrud seconded by Nelson to recommend to the Council to reevaluate outside storage in the City. All votes were aye. Motion declared carried. The Commissioners briefly discussed removing the penalty fee from the conditions in the CUP application for Lord Fletcher's Restaurant but took no action on the matter. 8. ADJOURNMENT Motion by Klein seconded by Nasset to adjourn the meeting at 8:04 p.m. All votes were aye. Motion declared carried. • SHARON CORL DEPUTY CLERK Planning Commission—7/10/02 4 • CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA PLANNING COMMISSION OCTOBER 9, 2002 7:30 P.M.—CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES—July 10, 2002 5. PLANNING COMMISSION a) Variance Request—Troy Salwei, 3800 Sunset Drive 1. Open Public Hearing 2. Discussion& Comments • 3. Close Public Hearing 4. Recommendation to Council 6. COMMUNICATIONS a) Council Minutes—9/16/02 b) Council Minutes— 10/3/02 7. MISCELLANEOUS 8. ADJOURNMENT • • CITY OF SPRING PARK SPRING PARK,MINNESOTA MINUTES PLANNING COMMISSION OCTOBER 9, 2002 7:30 P.M.—CITY HALL 1. CALL TO ORDER Pledge of Allegiance Chair Anderson called the meeting to order at 7:30 p.m. followed by the Pledge of Allegiance to the flag. 2. ROLL CALL Anderson, Nelson, Hovelsrud, Karpas, Nasset, Klein and Ex-Officio Stone were present and Mork Bredeson was absent. 3. ADOPT AGENDA • Motion by Klein seconded by Nelson to adopt the agenda. All votes were aye. Motion declared carried. 4. APPROVAL OF MINUTES —July 10, 2002 Motion by Klein seconded by Nasset to approve the minutes for the Planning Commission Meeting July 10, 2002. All votes were aye. Motion declared carried. In discussion Klein said she learned after the meeting that Bell had come to the City last year and discussed the tent. She said she would not have voted for it if she had known before or during the meeting. Karpas shared the same sentiments with Klein. Stone said the issue came up at the Council Meeting and the fee was waived. 5. PLANNING COMMISSION a) Variance Request—Troy Salwei, 3800 Sunset Drive 1. Open Public Hearing Chair Anderson opened the public hearing at 7:32 p.m. 2. Discussion& Comments Salwei's request is for a 13.5 foot street side variance to build a garage. Anderson stated he viewed the property and after reading the recommendation from Alan Brixius, the City Planner, he was in favor of the variance request. • Nasset confirmed the deck was not going to be built on top of the garage. Planning Commission— 10/9/02 1 • Salwei said it could not because of the water easement. Karpas referred to Brixius's suggestion that the current driveway be removed on Sunset. He said he does not support this because there is no room on Dickson for parking. Hovelsrud asked that the applicant present his case. Salwei stated he is planning to remove the current deck in back and in its place construct an 18' x 25' garage with a room above it. He said the variance request is a result of the property being only 51' wide with a water easement running through the lot. He added he needs a 13.5 foot variance and one car will need to park outside. Nasset asked if Salwei was going to keep the gravel area and Salwei said he was. Hovelsrud questioned a possible hard cover issue if the driveway is left on Sunset. Salwei said his hard cover percentage would be 23.15 percent with an 18' x 25' garage and keeping the driveway on Sunset. He added this is below the required percentage of 30%. Hovelsrud asked why Salwei does not build toward the lake and was told it is because of the water easement. Klein said she is concerned that the survey is seven years old and the lake level is different. She was told the City reviews the application administratively and approved use of the survey. Salwei said a few of his neighbors suggested he construct the garage flush with his house and add three more feet to it. • Karpas agreed with making the proposed garage flush with house. He pointed out special conditions exist which are peculiar to the property and they are the narrowness of the lot and the location of the water easement, and the special conditions are not the result of the applicant's actions and by granting this variance no special privileges are being given. Karpas also noted the proposal will not: impair light and air to adjacent property, increase congestion in any public street, increase fire danger, diminish property values and the request is not against the intent of the Zoning Ordinance. Klein asked Bob LaBresh, 3806 Sunset, if his property is affected. LaBresh said his view is affected but he does not object because it will buffer the noise coming from Lord Fletcher's Restaurant. Anderson asked what was required of Salwei to add three more feet to his proposed garage. He was told he would have to withdraw this variance request and reapply for another variance. Karpas noted a request must be submitted in writing as soon as possible because a variance request has to be acted upon within 60 days of he public hearing. Salwei announced he was withdrawing his application and submitted this in writing and he will reapply for another variance request that will include making the garage flush with his house and be three feet wider. Nelson told Salwei the Council might go along with the Planner's suggestion • and require the driveway on Sunset be abandoned. Salwei pointed out how Planning Commission— 10/9/02 2 • difficult it would be for guests to park on Dickson and walk to Sunset to the entrance of his house. Karpas pointed out a concern at the joint meeting was residents on Sunset may lose parking. 3. Close Public Hearing Chair Anderson closed the public hearing at 7:59 p.m. 4. Recommendation to Council (Not applicable because request was withdrawn.) 6. COMMUNICATIONS The following communications were noted: a) Council Minutes—9/16/02 b) Council Minutes— 10/3/02 c) Newsletter—Fall 2002 7. MISCELLANEOUS Nasset commented favorably on the change in the left turn light from Shoreline to Sunset. • 8. Adjournment Motion by Nasset seconded by Hovelsrud to adjourn he meeting at 8:04 p.m. All votes were aye. Motion declared carried. SHARON CORL DEPUTY CLERK • Planning Commission— 10/9/02 3 CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA PLANNING COMMISSION NOVEMBER 13, 2002 7:30 P.M.—CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES—October 9, 2002 5. PLANNING COMMISSION a) Variance Request—Troy Salwei, 3800 Sunset Drive 1. Open Public Hearing 2. Discussion& Comments • 3. Close Public Hearing 4. Recommendation to Council b) Variance Request—Chris Snow, 2421 Black Lake Road 1. Open Public Hearing 2. Discussion& Comments a) NAC— 10/29/02 b) Greg Pedersen, Fire Chief— 11/7/02 3. Close Public Hearing 4. Recommendation to Council c) Sign Permit Request, Movie Gallery, 4681 Shoreline Drive 6. COMMUNICATIONS a) Council Minutes—October 3, 2002 b) Council Minutes—October 7, 2002 c) Council Minutes—October 21, 2002 d) November Calendar 7. MISCELLANEOUS 8. ADJOURNMENT • • CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES PLANNING COMMISSION NOVEMBER 13, 2002 7:30 P.M.—CITY HALL 1. CALL TO ORDER Pledge of Allegiance Chair Anderson called the meeting to order at 7:30 p.m. followed by the Pledge of Allegiance. 2. ROLL CALL Anderson, Nelson, Hovelsrud, Nasset, Klein, and Ex-Officio Stone were present. Mork Bredeson and Karpas were excused. Staff present: Deputy Clerk Corl. Others present: Variance request applicants Chris Snow, Greg Johnson (for Troy Salwei), seven residents from Black Lake Road and one resident from Sunset Drive. • 3. ADOPT AGENDA Motion by Nasset seconded by Klein to adopt the agenda. All votes were aye. Motion declared carried. 4. APPROVAL OF MINUTES —October 9, 2002 Motion by Nasset seconded by Klein to approve the minutes for the Planning Commission Meeting October 9, 2002. All votes were aye. Motion declared carried. 5. PLANNING COMMISSION a) Variance Request—Troy Salwei, 3800 Sunset Drive 1. Open Public Hearing Chair Anderson opened the public hearing at 7:32 p.m. and read the following notice published in the Lakeshore Weekly News: Notice is hereby given that the Planning Commission will hold a public hearing on Wednesday November 13, 2002, at 7:30 p.m. at the Spring Park City Hall, 4349 Warren Avenue, to hear comments on a request for a variance of 16.5 feet on the east side of the property to construct a garage. Troy Salwei 3800 Sunset Drive PID 17-117-23-32-0009 Planning Commission—11/13/02 1 . All oral and written comments for and against will be heard at the above time and place. 2. Discussion& Comments Anderson said a new request has been submitted for recommendation and Salwei sent Greg Johnson to represent him because he is out of the country. The new request has been increased to 16.5 feet from 13.5 feet on the east side of the property to build a garage. Johnson stated he had the plans with him for review. Nasset said the new plans were discussed at the previous meeting and it is understood the placement of the garage is being changed. Johnson submitted a letter from Salwei explaining the variance change and requesting the Planning Commission's recommendation go before the Council on December 2 when he will be back in town. 3. Close Public Hearing Having no further discussion Chair Anderson closed the public hearing at 7:37 p.m. 4. Recommendation to Council Motion by Nasset seconded by Klein to recommend to the Council to • approve the above mentioned variance request for 3800 Sunset Drive. All votes were aye. Motion declared carried. In discussion Ex-Officio Stone recommended discussion of the circumstances and conditions of the proposed variance request. It was pointed out the discussion is a matter of record in the minutes of the last meeting. b) Variance Request—Chris Snow, 2421 Black Lake Road 1. Open Public Hearing Chair Anderson opened the public hearing at 7:39 p.m. and read the following notice published in the Lakeshore Weekly News: Notice is hereby given that the Planning Commission will hold a public hearing on Wednesday November 13, 2002, at 7:30 p.m. or as soon thereafter as possible at the Spring Park City Hall, 4349 Warren Avenue, to hear comments on a request for a variance of a 16 foot street side variance and a 5 foot side yard variance to construct a garage. Chris Snow 2421 Black Lake Road RID 19-117-23-12-0015 All oral and written comments for and against will be heard at the above time and place. 2. Discussion& Comments Planning Commission— 11/13/02 2 a) NAC— 10/29/02 -Noted b) Greg Pedersen, Fire Chief— 11/7/02 -Noted Snow said he intends to construct an attached 20-foot garage on the south side of his property, which will be 5 feet from the property line. He also requested a 30' variance from the street but according to the City Planner this variance request is not necessary. Snow pointed out the proposed garage will be 27 feet long and will be almost even with the back of the house and will be in line with four neighboring houses in a row on the street. Snow stated his neighbors support the proposed variance because there is no place to park. He pointed out he used to be able to park across the street before a house was built on that lot. Larry Schussler, 2425 Black Lake, said he supports this variance request because there is no place to park. Nelson asked who owns the chain fence and this was not known. Snow said he did not have a problem removing the fence or the two trees per the Fire Chief's recommendation. Klein pointed out with the fence in place, the concern is no access to the back of the house. Nelson inquired about the fence on other side of the boat. It was confirmed the fence and two trees would be removed. Anderson reviewed the City Planner's recommendations. Hovelsrud pointed out how • crowded that area is. He added people that live on the lake need storage for the water related items they seem to collect. He stated when you buy property you see what is there and what is not and asked where should the City draw the line with granting variances. He added however that he has no problem with what Snow is proposing in light of what the City Planner has written. Nelson asked if it would look better with a single car garage because it is so crowded in that neighborhood. Snow pointed out there is a fire hydrant in front of his house. Nelson asked where the boat is going to be stored. Snow said it would be stored in a neighbors yard. Andy Frieler, 2433 Black Lake Road, said a neighbor across the street is going to store a lot of the boats in the neighborhood. The Commissioners briefly discussed the distance between the neighbor's houses. Klein confirmed everyone present is in support of the variance request. Sue Baker, 2463 Black Lake Road, said the street is so full of junk that a garage would eliminate some of it. Snow said eventually he would like to add two rooms above the garage. Nelson asked if that would be done now. Snow said it would be done later but he would like to put in footings for a two-story dwelling. Klein asked if he would be putting a deck on the back and was told no. Hovelsrud asked how deep the garage would be and was told 27 feet. Anderson confirmed Snow's primary interest at this time is a garage only. Planning Commission— 11/13/02 3 • Anderson reviewed the list of conditions and circumstances for variances. He pointed out special conditions exist which are the water conditions and the narrow lot and these special conditions are not a result of the applicants action. He said the proposal will not impair an adequate supply of light and air to adjacent property, it will not unreasonably increase congestion in the street(that street is already congested), it will not impair neighborhood values, and it should increase values, and will not violate the intent of the Comp. Plan or the Zoning Ordinance. It was noted again the Fire Chief addressed the proposal. 3. Close Public Hearing Motion by Nasset seconded by Klein to close the public hearing at 7:59 p.m. All votes were aye. Motion declared carried. 4. Recommendation To Council Motion by Nasset seconded by Klein to recommend to the Council to approve the variance request for 2421 Black Lake Road with the condition the fence and two trees are removed as recommended by the Fire Chief. All votes were aye. Motion declared carried. c) Sign Permit Request,Movie Gallery,4681 Shoreline Drive Anderson said the application looks in order. Motion by Nelson seconded by Nasset to approve the sign application for Movie Gallery, 4681 Shoreline Drive. All votes were aye. Motion declared carried. 6. COMMUNICATIONS The following communications were noted: a) Council Minutes—October 3, 2002 b) Council Minutes—October 7, 2002 c) Council Minutes - October 21, 2002 Nasset asked if the questions were sent to the county. Stone said they were and there will be a meeting on 11/21/02 with the county and West Arm Road residents. 7. MISCELLANEOUS Anderson thanked the City for the citywide trash pick up. The Deputy Clerk reminded the Commissioners of the joint meeting 11/25/02 and one topic for discussion is outdoor storage. Planning Commission— 11/13/02 4 Hovelsrud said we have to start looking at variances, in general, more closely. He said there is a reason for ordinances. Klein stated some people buy a house and hope to do something with it in the future, and if variances fit the criteria they should be granted. Anderson pointed out if variances are continually being approved maybe the ordinance should be reviewed. Stone said a couple of years ago she reviewed the Comp Plan and it acknowledged we should work with people that have special lots and there are a lot of those in Spring Park. The Commissioners briefly discussed different variance requests in the past and the reasons for approving or denying them. 8. ADJOURNMENT Motion by Klein seconded by Nasset to adjourn the meeting at 8:15 p.m. All votes were aye. Motion declared carried. ,yam SHARON CORL DEPUTY CLERK Planning Commission— 11/13/02 5 i • CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES COUNCIL/PLANNING COMMISSION NOVEMBER 25, 2002 7:30 P.M. — CITY HALL 1. CALL TO ORDER Mayor Rockvam called the meeting to order at 7:30 p.m. 2. ROLL CALL a) Council Hoffman, Stone, Scanlon, Widmer and Rockvam were present. b) Planning Commission Nelson, Hovelsrud, Karpas were present, Mork Bredeson and Anderson were excused, Nasset arrived after the roll and Klein was absent. • Staff present: Administrator Weeks and Deputy Clerk Corl. 3. ADOPT AGENDA Motion by Scanlon seconded by Widmer to adopt the agenda. All votes were aye. Motion declared carried. 4. DISCUSSION a) Outdoor Storage 1. NAC Re: Outdoor Sales & Storage in Commercial Areas—7/2/01 Rockvam referred to the City Planners Memo regarding defining outdoor storage and outdoor sales. He said we might want to issue a Conditional Use Permit (CUP) for different uses. He used Bayview Apartments, 2400 Interlachen, as an example pointing out they have only one extra parking space per their parking requirements and they continue to store boats, trailers, etc. in their auxiliary lot. Rockvam asked if improvements should be made or do we want to maintain status quo. He pointed out the City is trying to beautify but some things are falling through the cracks. Scanlon said he is in favor of making improvements but not at the cost of one group i.e. apartments. He said people like to have a place to store things • including apartment dwellers. Rockvam said he was just pointing out the parking Council/Planning Commission— 11/25/02 1 • lot problem at Bayview. He asked the group if they should be looking at screening for storage areas in residential and commercial areas. He added it is an ongoing project enforcing the ordinance. Weeks stated the Tonka Business Center parking lot, 4100 Shoreline, also has signs for items for sale. Rockvam said that is all commercial property and Bayview is residential. Weeks said he was referring to the appearance. Hovelsrud said the corner of Sunset and Shoreline loses it flavor with things for sale on the corner. Nasset said there should be a time limit for items/cars for sale in yards. Rockvam said a CUP could be used for that. Scanlon said the City of Orono has an ordinance against cars for sale. The group briefly discussed the appearance of products for sale on Shoreline Drive. Nelson said the parking lot on Shoreline is for the businesses in the building and not for storage and things for sale and she thinks that corner lot is more visible than Bayview's parking lot. Rockvam pointed out the Tonka Building exceeds what they need for parking requirements and can use the excess space and one way to control it is require a CUP. He said the City can get detailed with conditions and also the enforcement on something like that can be intense and involved. Rockvam noted that the City is not getting voluntary compliance with commercial property owners. Scanlon said he does not want so see too many enforcements or • rules. Widmer said she thought Bayview had been notified they could not have car sales, etc. Rockvam said it should be decided if this is an area we want to address and require a CUP and ask the City Planner for an analysis. Weeks referred to the second paragraph of Brixius' memo that states any outdoor storage is a violation of our ordinance. Rockvam said if we allow outdoor sales and storage we should set conditions with a CUP. Scanlon suggested we invite business owners in to discuss that we want to improve the looks of the community and ask for their input to get them involved in the process. Rockvam said he liked that idea and he pointed out a few businesses that we are having trouble getting compliance. Karpas asked if a CUP goes with the property or with the owner. He said out a variance goes with property. Weeks pointed out Performance Marine, 4144 Shoreline Drive, has a new owner and the CUP applies to the new owner. Nelson asked how long a CUP is good for and Rockvam said as long as the conditions of the permit are met and there are no changes. Rockvam said that any new commercial building permit requires a landscape plan and screening, and parking plan. Widmer asked if the Council gets to see the building plans for new commercial businesses. Weeks said they are reviewed • administratively and then sent to the Building Inspector. Council/Planning Commission—11/25/02 2 Widmer suggested more people should review building plans so problems don't arise and to make sure everything falls in the guidelines. Karpas said the Planning Commission and the Council automatically review any expansion in Deephaven. He said a zoning review is done if a new tenant comes into a building and this allows the City to check the ordinance and permitted uses. He added it should be clear with business owners what the City requires of tenants. Weeks said we should look at the ordinance and go forward from here. Rockvam stated we have to achieve uniformity and consistency. Hovelsrud said we want our City to have a good overall appearance and parts of town need cleaning up and business owners should realize that would also improve their business. He added we should require screening and also a certain kind of screening. Rockvam said it could be screening that would enhance their product for sale. He again said it would be good to meet with business owners. Scanlon suggested letting them know how much we have spent on beautification and in some cases we have even agreed to share costs. Rockvam reminded the group that property owners let us put trees on their property. Nelson agreed with what Karpas said earlier that the CUP does not go with a business and that would be a place to start. Weeks said we need a minimum ordinance brought forward or some basic ordinance to move forward with reasonable conditions and tell business owners • we are going to be more proactive with compliance. Rockvam asked if the Fire Marshall is notified when there is a new tenant in a commercial building. Weeks said he is notified only if there are changes. Karpas said a Certificate of Occupancy (CO) is required(in Deephaven) with every new business. Rockvam said it should be known if a business is using or storing hazardous materials on the property. Williamson, Council Person Elect, said if a permit is applied for by a commercial entity we require landscaping and parking plans and if we review new businesses and new ownership,we will catch up with problems. He added the City of Orono, no matter what business or what zone, a five foot green space set back is required and that approach is one thing to think about. He pointed out another issue with items for sale in a parking lot or by a resident, that item should be owned by the building owner or resident. Williamson also pointed out stacking totally defeats screening and stacking should not exceed the height of the screening. Rockvam said there has to be willingness on the part of the business owner and we should look to see if a CUP is going to be an answer to some of the problems. Hovelsrud said if there is a change of business from a previous business a site plan review should be required. He noted the Marina Center has changed hands and this is a good time to require more green space and govern new businesses as they come. • Council/Planning Commission— 11/25/02 3 • Rockvam suggested if we want to make major changes we can put a moratorium on construction in a commercial area of what is and isn't allowed and this should be done when there are no projects being proposed. Karpas said we should also look if we want outdoor sales in any of our districts, and if not we can have them phase out naturally. He said we should also make sure current businesses are not violating the ordinance now and if so, explain it to them and see if we get compliance. He said he also supports the CUP process. Rockvam asked if the Planning Commission would like to review uses allowed in the commercial and shopping center districts. Karpas pointed out in Spring Park outdoor storage has a lot to do with outdoor sales. Rockvam said a permitted use allowed in a commercial district and a shopping center are not the same. Weeks referred to Brixius' letter, page two at the bottom, at the suggested ordinance changes with respect to outdoor storage. Stone referred to the top of page four where it speaks to outdoor sales. She said that some of the businesses that have problems are really in inappropriate buildings. Nelson said the memo Planning Commission could review this and make a recommendation to the Council. Weeks pointed out the Planner stated we do not require permitting like we should. Rockvam said with a CUP we could require conditions we want. Williamson said we can have sub districts i.e. C-la and create zoning districts according to different categories. He said it would take a lot of work to create • exact zoning categories. He added we want to find a step up to have a better use of the property. Hoffman agreed the Planning Commission review this and maybe check to see what other cities.require. Violation of the ordinance being a misdemeanor was briefly discussed. Rockvam said if we have a meeting with the businesses, the ones with problems wouldn't attend. Williamson said we could revoke a current CUP if they are in violation. Rockvam said the problem with CUP's is it requires staff time to monitor them. Weeks said if conditions are stated, we have to be careful how we word them. He said outdoor sales and storage should trigger a CUP and then we have to consider conditions. Karpas pointed out the used car dealer on Shoreline Drive didn't require a CUP and he asked what else is being done with the property. He pointed out from a dry cleaners to a car dealer is a big change in use. Rockvam inquired about a seasonal business that has a lot of product for sale for a short period of time. Hoffman said we could require a certain percentage of area for sales and require screening for the rest of the product. Rockvam said this might put a business out of business. Hoffman said limiting actual sales space would not drive them out of business. Rockvam said any business here today would be grandfathered in. Karpas added as long as they do not have a CUP. • Council/Planning Commission — 11/25/02 4 • Hoffman said we have to clearly define storage and sales and a possible way to get compliance is maybe use our beautification funds to assist a business with green space. Nasset said business owners might put forth more effort and have insight into something we have overlooked and they might be appreciative we are involving them. Hoffman said one way to control beautification is control building materials used. Rockvam recommended having a separate meeting on this. He asked if the Planning Commission should develop a draft and if the business owners should be invited in for a discussion. Williamson suggested we review a list of CUP's issued and their conditions and review the compliance and send a warning to those not complying. Rockvam said a case in point is Frattallone's Hardware, 4695 Shoreline Drive, they should come in every year for a reviewal of their CUP and we can address something if it isn't right. Weeks said the Planning Commission could start with the City Planner's memo, review the suggestions and make a recommendation to the Council. Karpas will check to see what other cities require for outdoor storage and sales. Rockvam suggested they review what uses are allowed in a shopping center district. b) Variance Requests Hovelsrud said he gave the benefit of doubt when he voted in favor of the • variance request for 2421 Blake Lake Road. He said he did not understand how the Fire Department said the variance was acceptable to them. He said he would not vote yes again on that request. Nelson said there was concern when the resident indicated he wanted to put on a second story on the garage. The group briefly discussed garage requests and setbacks. It was concluded the line has to be drawn somewhere. c) Guidelines For Construction On Shoreline Drive—to be discussed at a later time. 5. MISCELLANEOUS 6. ADJOURNMENT Motion by Stone seconded by Widmer to adjo a meeting at 9:21 p.m. All votes were aye. Motion declared carried. 10 LL D. WE KS SHARON CORL ADMINISTRATOR/CLERK/TREASURER DEPUTY CLERK • Council/Planning Commission—11/25/02 5 • CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA PLANNING COMMISSION DECEMBER 11, 2002 7:30 P.M.—CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES -November 13, 2002 5. PLANNING COMMISSION a) Sign Permit Applications 02-14 & 02-15 —4300 Shoreline Drive & 4264 Shoreline Drive 6. COMMUNICATIONS a) Council Meeting Minutes— 11/7/02 b) Council Meeting Minutes— 11/18/02 c) Special Meeting Minutes— 11/21/02 d) Council/Planning Commission Meeting Minutes— 11/25/02 e) Council Meeting Minutes— 12/2/02 f) City Calendar December 2002 7. MISCELLANEOUS a) Explore Potential Schedule for Discussing Outdoor Sales & Storage in Commercial District 8. ADJOURNMENT • • CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES PLANNING COMMISSION DECEMBER 11, 2002 7:30 P.M.—CITY HALL 1. CALL TO ORDER Pledge of Allegiance Chair Anderson called the meeting to order at 7:30 p.m., which was followed by the Pledge of Allegiance. 2. ROLL CALL Mork Bredeson, Anderson, Hovelsrud, Karpas, Klein and Ex-Officio Stone were present, Nelson arrived after the roll and Nasset was absent. Staff present: Deputy Clerk Corl. 3. ADOPT AGENDA Motion by Hovelsrud seconded by Karpas to adopt the agenda. All votes were • aye. Motion declared carried. 4. APPROVAL OF MINUTES—November 13, 2002 Motion by Hovelsrud seconded by Klein to approve the minutes •for the Planning Commission Meeting November 13, 2002. All votes were aye. Motion declared carried. 5. PLANNING COMMISSION a) Sign Permit Applications 02-14 & 02-15 — 4300 Shoreline Drive & 4264 Shoreline Drive Anderson verified the requests met the sign ordinance requirements. Motion by Karpas seconded by Klein to approve sign permit applications 02- 14 and 02-15 for 4300 and 4264 Shoreline Drive (Tonka Business Center) as presented. All votes were aye. Motion declared carried. 6. COMMUNICATIONS The following communications were noted: a) Council Meeting Minutes— 11/7/02 b) Council Meeting Minutes— 11/18/02 c) Special Meeting Minutes— 11/21/02 • d) Council/Planning Commission Meeting Minutes— 11/25/02 Planning Commission— 12/11/02 1 • Nelson noted on page 5, b) variance requests, the fourth sentence "Nasset said etc." should be"Nelson"not Nasset. This will be corrected. e) Council Meeting Minutes— 12/02/02 f) City Calendar December 2002 7. MISCELLANEOUS a) Explore Potential Schedule for Discussing Outdoor Sales & Storage in Commercial District Anderson clarified the Planning Commission, as a group will discuss this. Karpas was asked previously to obtain information from neighboring cities regarding their requirements for outdoor sales and storage. He said he would have information for the January Planning Commission Meeting packet. He said he would also check with the League of MN Cities for information. Mork Bredeson asked if the issue is mainly storage and was told storage and sales go together. The Commissioners briefly discussed the difference between outdoor storage and outdoor sales and the application of a Conditional Use Permit (CUP). It was asked what started this concern and it was concluded that the business that uses the parking lot on the corner of Sunset and Shoreline for his advertising made the matter more noticeable. Nelson said once a CUP is approved it stays with the business. Karpas explained conditions are placed on a CUP and the City Council can revoke it if the • conditions are not met. Anderson asked what is being built to the west of Dock&Lift(at 4550 Shoreline) on Shoreline Drive and was told Dock & Lift is expanding their business. The Planning Commission requested to be more informed on building projects in the City. They will receive the Building & Sign Report that is issued to the Council but it will now be done on a monthly basis instead of every two months. Mork Bredeson noted the new building on Shoreline Drive is going to be a metal building. She said this was a concern and discussed by the Planning Commission several years ago and nothing ever was decided as a result of that discussion. Nelson said Hoffinan brought this up at the recent special joint meeting. It was also pointed out that is a different issue than what they are now discussing. It was also said the Planning Commission used to have a pending project list and they could start another one. Karpas said he agreed with Hoffinan's comment at the special meeting that a site plan review should go to the Planning Commission and the Council before approval is issued for a building project. Mork Bredeson said the City should not make it easy to have an industrial community consisting of metal buildings. She pointed out other neighboring communities used to have industrial buildings and they have phased them out of their downtown area and that should be on our • agenda. Hovelsrud said it should be part of the City's Beautification Plan. Planning Commission — 12/11/02 2 • Mork Bredeson said we have to decide what we want for the City as far as appearances. Hovelsrud pointed out the speed limit is such that people take notice what they are passing by and our main thoroughfare should be attractive. Anderson agreed. The Commissioners briefly discussed the appearances of Wayzata and Excelsior. Hovelsrud said Spring Park could emulate them and in their own way. Mork Bredeson suggested inviting members of the Wayzata Planning Commission to come to a meeting and talk to them about the changes in their community. In conclusion Karpas will have information for their next meeting and the Commissioners will bring their own ideas to the meeting. 8. ADJOURNMENT Motion by Mork Bredeson seconded by Klein to adjourn the meeting at 8:03 p.m. All votes were aye. Motion declared carried. J-4�f� SHARON CORL DEPUTY CLERK • Planning Commission— 12/11/02 3