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2011 - Planning Commission - Agendas & Minutes CITY OF SPRING PARK PLANNING COMMISION AGENDA NOVEMBER 9, 2011 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ADOPT AGENDA 5. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from October 12, 2011 6. CONSIDERATION/DISCUSSION ITEMS a. Zoning Ordinance Amendments i. Open Public Hearing ii. Discussion and Comments iii. Close Public Hearing iv. Recommendation to Council b. Presbyterian Homes Revised Sign Application 7. COMMUNICATIONS a. Draft Council Meeting Minutes — October 17, 2011 b. Draft Council Study Session Minutes — October 24, 2011 • 8. MISCELLANEOUS a. December Calendar 9. ADJOURNMENT • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK PLANNING COMMISION MINUTES NOVEMBER 9, 2011 — 7:00 PM SPRIMG PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER — Chair Hoffman called the meeting to order at 7 pm. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL — Mason, Hoffman, Erickson, Ericson, Sippel, Struck. 4. ADOPT AGENDA — Erickson makes a motion and Mason seconds to adopt the agenda. All votes ayes, motion carries. 5. APPROVAL OF MINUTES — Mason makes a motion and Ericson seconds to approve the minutes. All votes ayes, motion carries a. Planning Commission Meeting Minutes from October 12, 2011 6. CONSIDERATION/DISCUSSION ITEMS a. Zoning Ordinance Amendments — Brixius said the housekeeping changes are first and then the second part is setbacks. Brixius said the 10-13-11 memo in the packet includes comments by the city attorney. He said the definition of family is shown in red print and • the word "within" is included. Brixius said the Planning Commission recommendation was to leave in the reference to domestic services employed, such as a nanny. He said domestic partnerships is addressed. Brixius said 42.134 is a section reference change to be more accurate and 42.425 and 42.427 refer to the zoning district. He said the final section under variance approval is a majority approval of the council. Ericson asked about majority at the council meeting or all members of the council and Brixius confirmed it is all members of the council. Mason asked if that was a state statute change. Brixius said yes, about two to three years ago. i. Open Public Hearing 7.07 PM ii. Discussion and Comments iii. Close Public Hearing — 7.07 PM iv. Recommendation to Council — Ericson moves and Struck seconds to forward this to the council. Brixius referred to an overhead regarding Sideyard setbacks (see packet). He said when a typical Spring Park lot of record complies, it can reduce a building pad in some cases to a ten foot building pad. He said sideyard setbacks have been reviewed for that reason. Mason asked about the 30 foot setback and Brixius said it is measured from the edge of right-of-way. Mason asked about a typical right-of-way and Brixius said they vary. He said a standard street width can be 50 feet wide where West Arm Road can be 20-30 feet wide. Ericson wondered about how many lots in SP we are talking about. Brixius said the aerial photos in the packet represent the vast majority of affected lots. Ericson wondered about someone who buys a lot and tears the house down with the intent of building a new structure. He wondered if a current survey would be required or could they use the old aone. Brixius said a survey requirement is part of the building permit process and would be required to e within five years. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 Hoffman opens the Public Hearing process at 7:13 pm for sideyard setbacks. Ericson makes a motion and Mason seconds to close the public hearing at 7:13 pm. Sippel makes a motion to approve the proposed setback ordinance. Hoffman seconds. All ayes, motion carries. Hoffman said Brixius did a good job on this and it's cleared up a lot of questions. is b. Presbyterian Homes Revised Sign Application — Brixius said it's dimensionally the same and location is the same as what was previously approved. Hoffman asked about lighting. Tolsma said the previous application was internal. Sippel wondered if it would shine up or shine down. Brixius said they need to demonstrate the illumination. He said it cannot be adjustable as it's oriented for traffic. Ericson makes a motion and Struck seconds to approve the revised sign application. All votes ayes, motion carries. 7. COMMUNICATIONS a. Draft Council Meeting Minutes — October 17, 2011 b. Draft Council Study Session Minutes — October 24, 2011 8. MISCELLANEOUS — Ericson asked about Flooring Giants temporary sign. Lewin explained a letter has been sent and there has not been any response. Hoffman thinks an administrative fine would be in order. Mason asked about the portable sign at Mtka Motorsports and was told that O'Flanagan has been informed that the portable sign is no longer allowed by ordinance. Sippel suggested he be told that an electrical reader sign would be allowed. Lewin said it's doubtful O'Flanagan would be putting in an electrical reader sign in the near future. Lewin admitted to being too lenient and said she would send him a letter stating his temporary signage has expired. Mason asked about Certified Autos trees. Ericson said there are still issues down there and he is hoping for a final cleanup this spring. Mason said there is some graffiti along the trail on the back of Buttenhoffs building. Ericson asked about the public landings and the AIS inspections. Sippel thought it was a Watershed District. Mason said the • county operates the landings but the DNR does the inspections at the landings. a. December Calendar 9. ADJOURNMENT — Sippel makes a motion and Struck seconds to adjourn at 7:26 pm. All votes ayes, motion carries. Wendy Lewin, City Clerk Dan Tolsma, Administrator • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK PLANNING COMMISION AGENDA OCTOBER 12, 2011 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake 31innetonka 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. ADOPT AGENDA 5. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from September 14, 2011 6. CONSIDERATION/DISCUSSION ITEMS a. Bell Mortgage Sign Application b. Presbyterian Homes Sign Application c. Side Yard Setback Amendment Discussion d. Family Definition Amendment Discussion 7. COMMUNICATIONS a. Council Meeting Minutes — September 6, 2011 b. Council Meeting Minutes— September 19, 2011 c. Council Study Session Minutes— September 26, 2011 d. Draft Council Meeting Minutes — October 3, 2011 8. MISCELLANEOUS a. November Calendar 9. ADJOURNMENT • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952)471-9160 CITY OF SPRING PARK PLANNING COMMISION MINUTES OCTOBER 12, 2011 - 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER — Hoffman called the meeting to order at 7:03PM 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL— Mason, Struck, Hoffman, Ericson, Erickson, Sippel. City staff, Administrator, Tolsma, Office Assistant, Sharon Farniok, Planner, Brixius, Council, Widmer. 4. ADOPT AGENDA — Erickson makes a motion and Struck seconds to adopt the agenda. All votes ayes, motion carries. 5. APPROVAL OF MINUTES - Planning Commission Meeting Minutes from September 14, 201 — Sippel makes a motion and Erickson seconds to approve the minutes. All votes ayes, motion carries. 6. Brixius stated that there is an addition to the consideration/discussion items and would like to insert Rockvam Boat Yards Sign Application as c. and change Side Yard Setback Amendment Discussion to d. and change Family Definition Amendment Discussion to e. 7. CONSIDERATION/DISCUSSION ITEMS 8. • a. Bell Mortgage Sign Application — Brixius explains that Bell Mortgage has filed an application requesting a permit for a wall sign. He asked the commissioners to refer to the memorandum he wrote on 10/6/11 where he reviews the wall sign ordinance, dimension, construction and placement of the wall sign. After reviewing the application, Brixius determined that the wall sign meets the City's sign area and location standards and will be uniform in the appearance with the other signs in the district. Based on the review of the sign permit, Brixius recommends approval of the requested wall sign. Hoffman asks the planning commission if there is any discussion. Sippel makes a motion to approve the Bell Mortgage Sign Application and Eickson seconds. All votes ayes motion does carrie. b. Presbyterian Homes Sign Application — Brixius explains that Presbyterian Homes has filed an application requesting a permit for a double face monument sign at 4599 Shoreline Drive. He asked the council to refer to the memorandum he wrote on 10/6/11 where he explains the background and the monument standards for signs within the C-3 District. Brixius concludes based on the review of the permit application that the monument sign at 4599 Shoreline Drive meets all requirements of the City Code, therefore, recommending approval of the monument sign by the planning commission. Hoffman asks the planning commission if there is any discussion. Sippel makes a motion to approve the Presbyterian Homes Sign Application and Ericson seconds. All votes ayes motion does carrie. • c. Rockvam Boat Yards Sign Application — Brixius apologized to the planning commission for the lateness of this application and asks that they refer to the memorandum dated 10/12/11. Brixius explains that Rockvam Boat Yards is requesting a 5 foot by 19 foot 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 �-Ic� YV �,( � wall sign for their building located at 4061 Sunset Drive. This site is zoned C-1, General Commercial District. Within this district, single occupancy buildings are allowed two wall signs per principal building. There is an existing wall sign facing Sunset Drive already but the applicant is requesting a second wall sign to face Northern Avenue to better • label and direct customers to the proper warehouse doors. The proposed wall sign is 95 square feet in area or 4 percent of the building's silhouette. The wall sign meets the C-1 District standards. Brixius recommends that the permit be approved. Hoffman asks the planning commission for any discussion. Erickson asks the question if the number of signs currently on the building exceed what is allowed. Brixius commented that according to our sign ordinance, two signs are allowed per commercial building. Sippel makes a motion to approve the Rockvam Boat Yards Sign Application and Struck seconds. All votes ayes motion does carries. d. Side Yard Setback Amendment Discussion — Brixius is encouraging the City of Spring Park to amend the Side Yard Setbacks ordinance in the R-1 District because he feels they are not practical for our city. Brixius explains and points out the setback change examples on the first and second diagrams. Brixius has selected six lot parcels for display in the City of Spring Park to give examples of how the changed setbacks would improve the access and exiting of these parcels. Please note that these photos and measurements are not meant to be used for any legal representation of the overall lot lines and surveying measurements. Brixius asked the Planning Commission if they had questions on the diagrams and encouraged them to interject or comment on any alternate language needed. Sippel suggested that there be a change made on the second diagram because the garage door is not parallel with the street and would like the wording to read "the centerline of the proposed driveway from the street to the garage door". Sippel also commented that Section 1.420279 R-1 District is okay but • pointed out that Section 2.42-304 should be change to R-2 District. Brixius agreed with Sippel and will make the changes. Ericson asked if this setback amendment affected new housing or existing house structures. Brixius said it affects both. Sippel liked the diagrams and parcel lot displays and suggested that we keep them and use them for the public hearing. Sippel make the motion to proceed with the Side Yard Setback Amendment to a public hearing and Ericson seconds. All votes ayes motion carries. e. Family Definition Amendment Discussion — Brixius stated that at the last PC meeting on September 14, 2011 he was instructed to expand the definition of "family" to include a broader variety of non-traditional families. Brixius read through the two options he came up with for the PC and asked for any modifications. Ericson asked how the city can monitor this amendment. Brixius suggests on a complaint generated basis like someone coming to the city about over crowned conditions. The city cannot profile but a nuisance issue can move a complaint forward and we can ask to see the resident's driver's license. After much discussion between PC members and council member Widmer, they agreed to option 2 with the following changes: • Family. In paragraph change the word "housekeeping" to dwelling. • In paragraph a. keep the sentence "and bona fide domestic servants employed on a full-time basis by the family in the dwelling unit" but add the word single in front of dwelling unit. • Ericson makes the motion to accept option 2 and bring this amendment to a public hearing and Struck seconds. All votes ayes, motion carries. 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 • 9. COMMUNICATIONS a. Council Meeting Minutes — September 6, 2011 b. Council Meeting Minutes — September 19, 2011 c. Council Study Session Minutes — September 26, 2011 d. Draft Council Meeting Minutes — October 3, 2011 i. Hoffman asked if the city had responded to a letter the city received from Jerry Rockvam's lawyer. Brixius stated that Beck has responded with a letter dated 10/4/11. Below are summarized comments from the letter: • Spring Park City Council refers to Rockvam Boat Yards as a clean and attractive business. Current use of the marked parking stalls in the parking lot for seasonal outdoor storage is permitted. • Clarification of permitted dates for seasonal outdoor marine storage. • Letter spoke to the purpose of the proposed change to the ordinance is to permit limited outdoor sales and rental displays without requiring businesses to obtain a CUP, provided that the sales/display area is limited in size. Letter also points out that larger outdoor sales/display areas are permitted in the C-1 and C-2 districts if the business obtains a CUP permit. • It is the City's belief that the conditions contained in the proposed ordinance for outdoor sales and storage are reasonable in both scope and application. The city also believes that Rockvam Boat Yards currently operates its business in general • compliance with these conditions. 10.MISCELLANEOUS a. November Calendar b. Mason asked what is the status on the Vintage Boats CUP? Brixius stated that it will be done either yet this fall or spring of 2012. The delay could be due to Norling's heavy fall work schedule. Mason asked staff if the temporary sign permit for Flooring Giants located on Marc Gillet's building has expired and if the permanent sign application is in process. c. Reminder that the Presbyterian Homes Redevelopment Project Open House is scheduled for Tuesday, October 25th, 2011 —4:30PM-6:OOPM. 11.ADJOURNMENT— Ericson makes a motion and Mason seconds to adjourn the Planning Commission meeting at 7:48PM. All votes ayes, motion carries. • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 k , CITY OF SPRING PARK PLANNING COMMISION AGENDA SEPTEMBER 14, 2011 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES a. Planning Commission Meeting Minutes from August 10, 2011 5. CONSIDERATION/DISCUSSION ITEMS a. Conditional Use Permit: Norling's i. Open Public Hearing ii. Discussion & Comments iii. Close Public Hearing iv. Recommendation to Council b. Sign Permit: Norling's (Vintage Boat Rescue Company) c. Sign Permit: Enzacta/Minnetonka Yacht Club d. Side Yard Setback Amendment Discussion • e. Housekeeping Items Discussion f. Variance Amendment Discussion 6. COMMUNICATIONS a. Council Minutes, 8-15-11 b. Council Study Session Minutes, 8-22-11 c. Draft Council Minutes, 9-6-11 7. MISCELLANEOUS a. October Calendar 8. ADJOURNMENT • 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952)471-9160 CITY OF SPRING PARK PLANNING COMMISION MINUTES SEPTEMBER 14, 2011 - 7:00 PM SPRING PARK CITY HALL On Lake Minnetonka 1 . CALL TO ORDER — Hoffman called the meeting to order at 7:02 pm. PLEDGE OF ALLEGIANCE 2. ROLL CALL — Mason, Struck, Hoffman, Ericson, Sippel. Erickson slightly delayed. City staff, Administrator Tolsma, Clerk Lewin, Planner Brixius, Council Widmer. In attendance, George Norling and Tom Kaul. 3. ADOPT AGENDA — Sippel makes a motion and Mason seconds to adopt the agenda. All votes ayes, motion carries. 4. APPROVAL OF MINUTES — Planning Commission Meeting Minutes from August 10, 2011- Mason makes a motion and Ericson seconds to approve the minutes. All votes ayes, motion carries. 5. CONSIDERATION/DISCUSSION ITEMS a. Conditional Use Permit: Norling's — Brixius explain the CUP request stating the requested sales display area is 15 feet off the property line and is compliant within the C1 district. He said the illustrated hedge and fence provides screening. Brixius said there is no outdoor lighting requested at this time. Brixius said the city engineer was • consulted and said no storm water improvements would be necessary due to the CUP request. He said the request is compliant with the requirements of the ordinance, there are no unreasonable hazards, it's compatible with surrounding land uses, it's esthetically pleasing and he would recommend approval with the following conditions: the illustrated sales display area be eliminated along CR 15, designated parking stalls be striped, parking stall length be compliant and the monument sign setback be ten feet off the sidewalk. i. Open Public Hearing — Chair Hoffman opens the public hearing at 7:11 pm. The legal notice is made part of the official record. No oral or written comments received by city staff. ii. Discussion & Comments — Sippel asks if there is other parking available if the illustrated sales display area is allowed. Brixius said yes as there is also parking in the rear. Erickson asked about inside display. Kaul said yes, there would be some. Kaul said the outside display area illustrated is important. Brixius said he would then like this sales display area marked in order to establish specific boundaries for display. Mason asked about the current display area being gravel. Norling said either concrete or asphalt would be applied. Mason asked about adequate employee parking and Norling said there is enough parking for all employees without taking up dedicated customer parking spots. Brixius said he wants to be sure the site lines for the private driveway immediately to the west are not compromised because of the monument • signage. Sippel said he thinks this should be part of the sign application request. Brixius agreed and said he'd remove recommendation number three from the CUP request and add it to the sign application instead. Hoffman thinks it should 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 be left in and Brixius said he could add language stating to preserve site lines. Struck asked about the illustrated fence height. Brixius said the fence permit should verify the fence height. iii. Close Public Hearing — Mason makes a motion and Sippel seconds to close the • public hearing at 7:25 pm. iv. Recommendation to Council — Brixius said for the CUP there are three items recommended as part of the approval: The illustrated sales display area on the east side of the curb cut will be allowed as long as it's demarked; all parking stalls be 8'9" x 19' and striped; and driveway access site lines be approved by the planner and be preserved with regard to the proposed sign monument. Sippel makes a motion to approve with the three recommendations and Ericson seconds. All votes ayes, motion carries. b. Sign Permit: Norling's (Vintage Boat Rescue Company) — Brixius recommends approval. He said as stated before, site lines must be approved and an illumination plan submitted. Sippel asked about Norling's existing sign at 4316 Shoreline Drive and if illumination shines up or down. Norling said it shines up. He said glare was a problem so they went with soft illumination and it's okay unless there is a heavy snow. Sippel asked if this current sign application supercedes the previous application. Brixius said that should be a condition of the approval that the previous sign applied for needs to be voided. Hoffman looks for a motion with the additional items the planner has recommended. Ericson makes that motion and Struck seconds. All votes ayes, motion carries. c. Sign Permit: Enzacta/Minnetonka Yacht Club — Brixius explained Enzacta is a tenant and has 4800 square feet of rental space. He said the sign proposed is 50 square feet which represents about 1% of the total silhouette face. He said the location and size meets the guidelines. Ericson wondered about signage uniformity regarding future • signs and regarding illumination. Hoffman said he feels branding logos are specific and we might be acting too dictatorial. Brixius said color and font can be suggested but not demanded. Erickson agrees with Ericson and says there are about 30 tenant spaces in the Yacht Club so potentially there could be a lot of signs on that building. Ericson said the Tonka Business Center across the street has uniformity when it comes to their signage. Tolsma said Napa Auto uses their logo sign and they are located in the business center. Hoffman used the example of Edina Realty and their logo specific signage and he therefore opposes regulating the sign design. Hoffman asks for a poll from commissioners on this. Mason said no, struck said she thinks it's an ordinance issue, Erickson said no, Sippel said he would like continuity when it comes to lighting whether it be back lighted or front illumination. Erickson makes a motion and Struck seconds to approve the sign permit for Enzacta. Sippel wondered about hours signs can be lighted as he remembers previous discussion about possibly regulating this. Mason recommends in the future a representative be in attendance. Sippel said he feels if the sign is compliant, there is no need for representation. All votes ayes, motion carries. d. Side Yard Setback Amendment Discussion — R1 and R2 require a 30 foot setback but it's difficult in many situations. Brixius has supplied an ordinance amendment. He believes it's important to preserve parking space in front of garages so parking doesn't extend into the road right-of-way. Hoffman wondered about the 30 feet and asked if it was in case of street improvements. Brixius said subdivisions may front on two different streets and it is to maintain continuity when going around a corner. He said site lines • and utility easements are also a consideration. Ericson said when reducing to 20 feet, a car should be off the street when parking in front of a garage. He said if someone wants to build and there isn't enough room for parking it shouldn't be allowed. Brixius said there is the variance process. Ericson references a previous application where a 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952)471-9160 remodel took away garage space to increase living space. The next owner wanted a garage and felt they had a hardship and it wasn't proven. Brixius said there aren't a lot of corner lots in the city that would be affected. Brixius • asked what's a reasonable sideyard setback. Sippel said he'd be more comfortable with 30 feet of driveway before the garage door. Sippel said the current ordinance has no consideration for corner lots. Brixius said he's open to whatever the commissioners feel is sufficient. Struck asked if there is anything behind this right now. Brixius said it's just part of the continuing list of items to review. He said with the small lots, it's difficult to meet 30 foot setbacks because it can reduce some lots to a ten foot wide building pad. Struck said this promotes growth and development and minimizes the work involved. Ericson said buyers should first find out from the city what they are allowed to do and can't do. Sippel recommends giving them more leeway to build but require a 30 foot driveway. Hoffman asked about the setback being ten feet. Brixius said site lines at the intersection would still be maintained. He said language would have to be established regarding garage orienting for adequate parking space in the driveway. A poll is taken among the commissioners for the principal building setback: Hoffman 10 feet, Sippel 15, Erickson, 10, Ericson 10, Struck 10 and Mason, 10. Hoffman said it's an agreement about the 10 feet. Sippel said his recommendation for accessory structure setback is for 30 feet, Erickson 25, Ericson 25, Struck 30, Mason 25. Sippel said measurable from the center of garage door to where the center of the driveway crosses the property line — something like that. Struck would like some visual aids at the next presentation. Brixius said he will provide this. e. Housekeeping Items Discussion — Brixius said the changes are typos or words missing in the code. He said the definition of family was discovered to be missing a key word. Mason asked if this was similar to other cities and Brixius said yes, it is similar. He said • right now, it's important to get the word "no" included within the definition of family. The second element is in CUP and a provision for PC action for adverse impact. 42-140 is the section that needs to be referenced. He said all text, map amendments need to be approved by majority vote but residential to commercial/industrial requires a super majority. He said 42-145 1, map amendment will require majority vote except for the adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial will require a 4/5ths majority vote. Brixius asked if this can be brought to public hearing. Sippel said this doesn't strike him as being urgent and it might be worth bundling some of these together. f. Variance Amendment Discussion — Brixius said this is because of the 2010 case with the City of Mtka approving a variance to improve a garage vertically. He said the adjoining neighbor was opposed as the garage was not pleasing. The Supreme Court upheld the neighbor opposed to the variance. The state Supreme Court said variances can only be approved if all reasonable use of the property is denied and it's much more restrictive. Brixius said the language was changed to be more similar to county and townships and went to practical difficulties and reasonable use. He said Beck made changes deleting the definition of hardship. Practical difficulties will have same criteria as hardship. Brixius said this is a more property friendly ordinance and moving away from hardship. He said a variance checklist was provided. Brixius said this is a checklist for the PC and council to make a determination. Widmer asked what happened with Minnetonka. Brixius said under the new statute the city has the discretion. Ericson said if someone wanted to build a house and houses were set back 22 feet and someone asked for a variance to setback 12 feet, the city could turn this down and Brixius agrees as it's not a practical difficulty. Widmer asked about boy-toy 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 garages and Brixius said they would have to meet accessory building language. Brixius said as far as timing goes for the public hearing, it's PC's call. Sippel said if they're coupled together, he would be fine with that. He suggests in the definition of family to add domestic partnership and go from three to four unrelated. Sippel makes a motion • to propose housekeeping additions to definition of family to include domestic partnership and also under Sec 1 change to no more than four persons not related as opposed to three. Hoffman seconds. Erickson said he already knows of more than four unrelated people living together. He thinks it should be more related to the square footage of the property. Brixius said if six unrelated adults became a nuisance, this is the enforcement tool. Struck asked about a house with an upstairs and downstairs and both levels are rented out to different families. She said there is an upstairs entrance and a walkout in the lower level. Struck wondered why domestic partnership matters. Brixius said the definition of family will be brought current. He said one example is group homes. Struck wondered if there is a way to enforce situation she is describing. Brixius said if it's complaint generated, this language gives the opportunity to enforce. Struck said she would not increase to four because of the reason she is citing because it allows more people to live there. Sippel said he is thinking about two single mothers and each has a child. Brixius said the St. Louis Park code has a number for grouping and they allow up to four. Struck said it's different if four are living together versus a single family home rented out to two different families, up and down. All votes ayes, motion passes. Ericson asked about when someone rents out a room. Brixius said the ordinance allows for one boarder within a residence. 6. COMMUNICATIONS a. Council Minutes, 8-15-11 b. Council Study Session Minutes, 8-22-11 — Struck asked about page two referring to sidewalks on the CIP. She said when talking about the basketball court and redoing the park, she thinks it's a safety issue and sidewalks would help. Sippel said from the trail and connecting the two, at least. Struck said she wonders about the outdoor sales and storage and noted Hughes said it's not business friendly and she wondered about getting resident feedback. Struck asked if anyone can attend the study session. Brixius said yes, it's going back to study session. He said side-by-side examples are going to be presented as to what's allowed and what's not allowed. Brixius said the suggested ordinance change is more business friendly. c. Draft Council Minutes, 9-6-11 7. MISCELLANEOUS a. October Calendar b. Appreciation Dinner— Sippel is good. Erickson said ok. All commissioners seemed to be in agreement that Thursday, October 6th works. 8. ADJOURNMENT — Sippel makes a motion and Mason seconds to adjourn at 9:05 pm. All votes ayes, motion carries. Wendy Lewin, City Clerk �n Tolsma, Administrator 4349 WARREN AVENUE, SPRING PARK, MINNESOTA 55384-9711 (952) 471-9051 FAX (952) 471-9160 CITY OF SPRING PARK SPRING PARK, MINNESOTA . AGENDA PLANNING COMMISSION August 10, 2011 7 P.M. - CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES — July 13, 2011 5. PLANNING COMMISSION a) Public Hearing Re: Amending ordinance regarding outdoor sales and storage 1. Open Public Hearing 2. Discussion & Comments a) NAC Memo, July 29, 2011 1. Ordinance 11-06 3. Close Public Hearing 4. Recommendation to Council • b) Public Hearing Re: Amending ordinance regarding height of accessory buildings within residential areas. 1. Open Public Hearing 2. Discussion & Comments a) NAC Memo, August 1,2011 1. Ordinance 11-07 3. Close Public Hearing 4. Recommendation to Council c) Sign Permit Application, Vintage Boat Rescue Company, 11-20S 1) Staff Memo — NAC July 28, 2011 2) Application 6. COMMUNICATIONS a) September 2011 Calendar b) Council Meeting — July 18, 2011 c) Council Meeting —August 1, 2011 d) Council Study Session — July 25, 2011 7. MISCELLANEOUS a) Zoning Code Amendment — Definition of "Family" • 8. ADJOURNMENT Plan. Comm. Agenda — August 10, 2011 1 CITY OF SPRING PARK SPRING PARK, MINNESOTA • MINUTES PLANNING COMMISSION August 10, 2011 7 P.M. - CITY HALL 1. CALL TO ORDER — Chair Hoffman called the meeting to order at Pledge of Allegiance 2. ROLL CALL — Mason, Hoffman, Ericson, Erickson, Sippel, Struck. 3. ADOPT AGENDA— Ericson makes a motion and Erickson seconds to adopt the agenda. Hoffman notes the addition of the letter submitted by Jerry Rockvam to be directed to the public hearing on amending the ordinance regarding outdoor sales and storage. All votes ayes, motion caries. 4. APPROVAL OF MINUTES — July 13, 2011 — Ericson makes a motion and Mason seconds to approve the minutes. All votes ayes, motion carries. 5. PLANNING COMMISSION a) Public Hearing Re: Amending ordinance regarding outdoor sales and storage Hoffman makes a note that the public hearing is entered into the record. Brixius says the amendments are in the commercial and manufacturing districts. Brixius said a number of sections •are going to be amended. He said the first is about what constitutes outdoor storage. The second part is as it relates to special event sales and where the sales are held. Outdoor sales have to be on a paved surface and can't be on a road right-of-way. Brixius said in the commercial district changes were made to permitted accessory uses. He said limited outdoor sales would be permitted and marina sales have been recognized. He said in the off season, the city recognizes the need for winter storage but all boats need to be covered and shrink wrapped for appearance sake. 1. Open Public Hearing — Hoffman opens the public at 7:14 p.m. 2. Discussion & Comments a) NAC Memo, July 29, 2011 1. Ordinance 11-06 Hoffman asks for audience feedback and asked they state their name and addresses for the record. Dave Just, Blue Lagoon Marine, 4470 Shoreline Drive. He said he's concerned about the 10% limitation. Brixius said there are two types of outdoor sales; one is limited and doesn't require city review or approval, for example a hardware store that sells lawn mowers. The second is a sales area larger than 10%, a CUP needs to be approved. Brixius said Just's situation would be grandfathered. He said the only time that would change is if expansion was sought. Brixius said Rockvam was communicated the same thing. Hoffman said he has also met with Rockvam and will meet with him again to clarify. Just said he is concerned he'll lose some of his sales lot and he wants assurance he won't . Pat O'Flannagan 4388 Shoreline Drive, Mtka Motorsports said outdoor sales is important to his business. He also is concerned about the paved surface. He said his retaining wall was built for purposes of display and a previous administrator approved of the plan. Brixius said anything displayed in the road right-of-way is not allowed. O'Flannagan said his display area with retaining *walls was pre-approved by previous staff and he feels his front exposure is the most beneficial to his business. O'Flannagan wants to know how he will be affected by this. Brixius said if his business is Planning Commission Minutes — August 10, 2011 1 operating the way it was originally approved, nothing will change for him. Brixius said this new ordinance really applies to new businesses. •Mason asked about Rockvam's outdoor sales of water toys and he wonders if he is legal as it seems to have expanded. Brixius said outdoor sales change with the season. He believes Rockvam has leeway with outdoor sales because of the square footage of his floor space of his buildings. Brixius also said the property is well groomed and well displayed. Hoffman said existing businesses were considered when this amendment was proposed. He said the thought was they did not want to change existing businesses. Ericson asked who regulates the right-of-way. Brixius said the ordinance says business is not to be conducted in any right-of-way. The city isn't going to look for street monuments but expects businesses to know their limitations. 3. Close Public Hearing — Hoffman maeks a motion and Erickson seconds to close the public hearing at 7:33 p.m. 4. Recommendation to Council — Hoffman said in the past there have been display areas on right-of-ways and mowing has been around the displayed areas. O'Flannagan said his items displayed tend to change almost daily and they try to keep things looking nice. Ericson asked if this goes to the city council next. Hoffman said if the Planning Commission recommends approval to the council, it's with the recent changes suggested by city attorney Nancy Beck. Sippel asked about Brixius's notes about setbacks of the C2 district being 30 feet. Sippel wonders if for sales it needs to be so restrictive. Sippel thinks about a sidewalk sale. Brixius said the only C2 district is the Marina shopping mall. He said the sidewalk goes close to the buildings anyway. Sippel makes a motion to allow ten foot setbacks for the CI-C2 districts. Ericson seconds. All votes ayes, motion carries. Sippel asked about Minnetonka Motorsports regarding landscaping and what isn't. Sippel said where the flat display areas are it's landscaped but with crushed rock. He said what wants to be avoided is to stop the gravel from eroding, killing the grass and creating an area of dead grass. •Brixius said that's why the display area is being restricted in the new ordinance. Sippel said "landscape" is open to interpretation. O'Flannagan agreed. Brixius said he can expand on this and say areas with turf and shrubbery. Hoffman said under the new ordinance, if there is a new display area, it will require a paved surface. Mason said change will require a specific plan to be approved. Hoffman asks for a motion to approve this amendment, including Beck's most recent suggestions Mason makes that motion and Ericson seconds. All votes ayes, motion carries. b) Public Hearing Re: Amending ordinance regarding height of accessory buildings within residential areas. Hoffman notes the published hearing notice to be made part of the public record. Brixius said currently there is no height limitation to accessory buildings in the R1 district but they cannot exceed 1000 square feet. He said the height is measured from the ground to the average of the roof height, not necessarily the peak. He said some steep roofs look taller than that. Brixius said there is a height restriction of 35 feet but an accessory building is limited to 16 feet in height. 1. Open Public Hearing — Hoffman opens the public hearing at 7:47 p.m. 2. Discussion & Comments — No comments written or verbal. a) NAC Memo, August 1,2011 1. Ordinance 11-07 3. Close Public Hearing — Hoffman closes the public hearing at 7:47 p.m. Erickson makes a motion and Struck seconds to approve. All votes ayes, motion carries. 4. Recommendation to Council W rixius said he would like to take these changes to the council in September as he has a meeting onflict for the next council meeting. Planning Commission Minutes —August 10, 2011 2 c) Sign Permit Application, Vintage Boat Rescue Company, 11-20S 1) Staff Memo — NAC July 28, 2011 2) Application —4316 and 4332 Shoreline Drive, George Norling. Norling said he operates a •landscape business. He said recently Tom Kaul has leased the 4332 Shoreline Drive facility. Norling said Kaul had applied for a temporary sign and he is now looking for a permanent sign. Norling said the building is used during the winter months for his snowplowing business. This is the first summer the property has been rented by Vintage Boat. Tom Kaul said he is the owner of Vintage Boat Rescue Company. He said he was on the agenda for a permanent sign but it's been discussed that a CUP needs to be applied for first. Kaul said they were successful in finding about 70 boats this summer and they would bring them in to the facility, clean them up and then move them to their warehouse in Winsted. Kaul said he is looking for a seven month solution during the boating season. Brixius said the site is zoned C1. He said the previous history was this site was used as a filling station. Brixius said the previous sales display was done as a temporary event permit and that has expired. He said the 90 day temp sign permit has also expired. Brixius said a CUP needs to be filed in order to continue this use. He said the storage of boats on the site is illegal currently. Brixius said there might be some leniency on the part of the council for the rest of this season. Brixius suggested if they continue to operate on the site, the business should be approved and two phone numbers should be added to the signage for off season contact numbers. Brixius said they will needs a survey of the property and indicate where the storage will be plus the property lines need to be identified and how it's going to fit. He said that needs to be submitted. In the meantime, the boats should be removed from the site because the special event permit has expired. Brixius said in order to move this along, things should be spelled out. Mason asked if this CUP should be applied for before the new ordinance goes into effect. Ericson asked if Norling intends to use the building during the winter and Norling confirms. Norling said he is happy with the business and thinks it looks really nice and enhances his property. Brixius wants to make sure traffic visibility is respected in terms of placement of the permanent signage and wants it eight feet off grade. Mason asked about input about the signage. Brixius said it cannot be approved tonight because the business use has not been approved. Brixius said the boats need to be moved either from the site or into the building. Hoffman asked about excess parking stalls. Brixius doesn't think Norling has excess parking stalls unless he wants to put them behind the building. Norling asked if Kaul can keep the boats inside the building and get another temporary sign. Brixius said the 90 day maximum has been exceeded for temporary signage. Mason said some put signs on their vehicles. Ericson asked what if Norling applied for the sign. Brixius said the display is illegal at this time. He said it's not that the city doesn't want this to work out for the applicant, it's just necessary to follow the ordinance. Brixius said the boats must be moved until the CUP is approved and the permanent sign can be approved. Hoffman said the display area needs to be defined as well as the parking area. Erickson wants to know the issue and Brixius said it's the display of boats for potential sales. He said because there are price tags on the boats the intent is to sell them. Hoffman said the height from the ground to the bottom of the sign must be eight feet. Hoffman said the top of the sign will be approximately 13 feet high. Brixius said the lighting needs to be a pole mounted light versus ground up lighting. He said lighting needs to be averted away from neighboring properties and site lines. Norling asked about a monument sign in the future for the boat business Wand wonders what the process is. Struck said a new sign application would be applied for. Erickson s for the business but he feels it's coming in the back door. Erickson knows the applicant will do the right thing but he's concerned about future businesses wanting to do the same thing. Sippel makes Planning Commission Minutes —August 10, 2011 3 a motion and Ericson seconds to approve the permanent sign request provided it is raised above site lines and is illuminated with a pole mounted light. Mason asked if the surface area is to be improved. Hoffman said this is about the sign. All votes ayes, motion carries. It's agreed the *boats will be removed from the site by Monday. 6. COMMUNICATIONS a) September 2011 Calendar b) Council Meeting — July 18, 2011 c) Council Meeting —August 1, 2011 d) Council Study Session —July 25, 2011 7. MISCELLANEOUS a) Zoning Code Amendment— Definition of"Family" Brixius said a number of housekeeping changes will be brought to council. He said a single family home was going to be converted to a duplex. An error in the code definition of family was noted. There is also a reference to CUP's that has a typographical error and there is a change in the statute for variance purposes. Hoffman said it might be good to have some training regarding the change to variances. Brixius said once the ordinance is in place it will be easy to explain. 8. ADJOURNMENT Sippel makes a motion and Ericson seconds to adjourn at 8:29 p.m. All votes ayes, motion carries. Wendy Lewin, City Clerk Dan Tolsma, Administrator Planning Commission Minutes —August 10, 2011 4 • CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA PLANNING COMMISSION July 13, 2011 7:00 P.M. - CITY HALL 1 . CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES — June 8, 2011 5. PLANNING COMMISSION a) Flooring Giants Permanent Sign application for 4636 Shoreline Drive 1. NAC memo b) Conditional Use Permit application — for 4316 Shoreline Drive 1. Agree to consider c) Discussion Items • 1) Outdoor Storage Memo from Planner dated July 6, 2011 2) Request for temporary sign along Dakota Trail Memo from City Administrator dated July 7, 2011 attached 3) Accessory Buildings Memo from Planner dated July 6, 2011 attached 4) Noise Standards Memo from Planner dated July 6, 2011 attached c) Future Items — Setbacks Landscape Requirements 6. COMMUNICATIONS a) Council Minutes of June 6, 2011 b) Administrative Committee Minutes of June 15, 2011 c) Council Minutes of June 20, 2011 b) Council Study Session Minutes of June 27, 2011 7. MISCELLANEOUS a) Resignation of Council Member Tom Scanlon b) Resignation of Commissioner Graham Neve 1p ADJOURNMENT Planning Commission Agenda, July 13, 2011 1 CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES PLANNING COMMISSION • July 13, 2011 7:00 P.M. - CITY HALL 1. CALL TO ORDER — Chair Hoffman called the meeting to order at 7 p.m. Pledge of Allegiance 2. ROLL CALL — Mason, Struck, Erickson, Hoffman, Ericson, Sippel. Administrator Brimeyer, Clerk Lewin, City Planner Brixius, Robert Larson of Flooring Giants. 3. ADOPT AGENDA — Erickson makes a motion and Mason seconds to adopt the agenda. All votes ayes, motion carries. 4. APPROVAL OF MINUTES — June 8, 2011 — Struck makes a motion and Mason seconds to approve the minutes. All votes ayes, motion carries. 5. PLANNING COMMISSION a) Flooring Giants Permanent Sign application for 4636 Shoreline Drive 1. NAC memo — Brixius said the site is zoned C1 and the proposed use is permitted. He said the original request had two wall signs but the more recent application illustrates a single sign, 416, or 64 square feet. He said it cannot exceed 20% of gross silhouette and the proposed signage meets the size requirements. Brixius said requirements are for the sign to be professionally • constructed and erected. Ericson asked if this will be handmade and applicant said it will be done by a professional artist. He said the rolls of carpet on the sign will be colored and will be 3D in effect. Mason asked about any signage out in front. Applicant said he was going to do a flag but it is cost prohibitive. Mason asked about something in front of the store and Brixius asked about outdoor display and applicant said no, nothing will be displayed. Sippel moves to recommend approval. Ericson seconds. Hoffman said a scale drawing should be requested from the applicant. Brixius suggested the 4x16 sign needs to be identified (drawn to scale) and its location and size specified. Sippel accepts this as a friendly amendment. All votes ayes, motion carries. 1 Agree to GORside Applicant took this off the agenda but is interested in pursuing a permanent sign. Brixius said they must reapply as this has been confusing and the request needs to be more specific. c) Discussion Items 1) Outdoor Storage - Memo from Planner dated July 6, 2011 — Brixius said this is for discussion and a public hearing could be called for the next meeting if it's agreeable. He said section one changes two definitions. Hoffman said under f4, outdoor sales, should have a paved surface. He said permeable pavers are showing up more and more. He wonders if that language should be included. Brixius said he can bring that language to the change. Brixius said multi tenant display areas are discussed under d. He said parking plans have to be provided in order to • determine space allowed. Erickson asked about grandfathering existing businesses. Brixius said yes but there will be "sales lot." Brimeyer thinks it's necessary that all businesses Planning Commission Minutes, July 13, 2011 1 comply, even existing businesses otherwise this is a waste. Ericson asked about future changes to existing businesses. Brixius said if the building configuration changes, it can be changed according to the new ordinance. Mason said he agrees with Brimeyer and wonders if there is a sunset period for existing businesses. Brixius said not really. Those rights have • been preserved by statute. Erickson asked if the rights stay with the owner or the property and Brixius said it stays with the property. Brixius said commissioners can make more changes than staff can. Change in the actual business use could justify certain compliance, for instance a business that changes and requires more parking space. Brixius said parking comes first and must be adhered to. Mason said everyone should be treated equal. Erickson asks what determines the right-of-way. Brixius said it's what is determined by the county along county roads. Much discussion held about storage of watercraft and what the dates should be and whether there should be a requirement to cover the boats. Brixius discusses Section 4 regarding CUP's in a C-1 district. He said the area should be properly marked and dedicated instead of it being a gray area. Hoffman said he thinks the parking requirements and setbacks are going to be met and the rest is going to be used for display. Hoffman proposes to remove item b. Brixius would like to leave the last sentence in however. Erickson is concerned about deleting too much language because a little sales fish shack could end up on a big piece of property. Hoffman polls to remove the 100% requirement, Mason, yes; Struck, yes; Erickson and Ericson already crossed it off (yes); Sippel wants to leave some standard in there to avoid the tiny shack. Tally is five yeses and one no. Brixius refers to 2d, the five foot setback from a street right-of-way. Sippel said a requirement of the five feet could be it needs to be landscaped and pervious. Hoffman said it's difficult to enforce. Mason said the most important thing is they don't have stuff hanging into the sidewalk. • Commissioners are comfortable with section 4 and section 5, and section 6. Section 7 is for a manufacturing district. Sippel wondered about auto/boat repair and the tendency to store vehicles for long term. Hoffman suggests this go to public hearing for August 10tn 2) Request for temporary sign along Dakota Trail Memo from City Administrator dated July 7, 2011 attached — Brimeyer said he polled other cities and most don't do it and others use a kiosk for sale of advertising. Ericson makes a motion to not support trail signage based upon what other cities do. Erickson seconds. All votes ayes, motion carries. 3) Accessory Buildings Memo from Planner dated July 6, 2011 attached — Brixius said this was directed to establish a maximum height standard for accessory buildings. Commissioners recommend this go to public hearing at the next meeting. 4) Noise Standards — Brixius said he looked at the Shakopee ordinance attached. He said there is language regarding noise from motorcycles and boat exhausts. Brixius said something could be put in the newsletter stating police officers are going to be patrolling certain areas to monitor noise from motorcycles. Erickson asked why Fletchers wasn't charged for the noise report charged from the consultant. Brixius is looking for direction on whether to change this or not. Sippel said there are certain things that can't be enforced. Hoffman suggested staff to instruct the police department to enforce current ordinances in place and request specific patrol hours with police presence at times conducive to ordinance violations. • c) Future Items — Setbacks Landscape Requirements Planning Commission Minutes, July 13, 2011 2 Hoffman said there was a lot of discussion tonight. He said due to the lateness of the hour he asks if there is any other critical discussion to be held. Brixius said he believes he has covered everything and will draft the changes suggested. 6. COMMUNICATIONS a) Council Minutes of June 6, 2011 b) Administrative Committee Minutes of June 15, 2011 c) Council Minutes of June 20, 2011 d) Council Study Session Minutes of June 27, 2011 — amended minutes were placed in front of commissioners this evening. 7. MISCELLANEOUS — Brimeyer gives an update on Pres Homes construction and finalizing the project. — Hoffman solicits interest from the commissioners for the council vacancy. Hoffman mentioned Jerry Rockvam has applied in the past. a) Resignation of Council Member Tom Scanlon b) Resignation of Commissioner Graham Neve 8. ADJOURNMENT — 9 pm Wendy Lewin, City Clerk . Jim Brimeyer, Administrator Planning Commission Minutes, July 13, 2011 3 CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA PLANNING COMMISSION June 8, 2011 7:00 P.M. - CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES — May 11, 2011 5. PLANNING COMMISSION a) Discussion Items Outdoor Storage (Bring previously distributed materials) Request for temporary sign along Dakota Trail (Continue discussion) Accessory Buildings e c) Future Items — Setbacks Noise Standards Landscape Requirements 6. COMMUNICATIONS a) Council Minutes of May 16, 2011 b) Council Study Session Minutes of May 23, 2011 7. MISCELLANEOUS a) Reception for City Administrator candidates b) Attendance c) July Calendar 8. ADJOURNMENT Planning Commission Agenda, June 8, 2011 1 CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES • PLANNING COMMISSION June 8, 2011 7:00 P.M. - CITY HALL 1. CALL TO ORDER — Chair, Jeff Hoffman calls the meeting to order at 7:02PM Pledge of Allegiance 2. ROLL CALL — Struck and Erickson excused. Mason, Hoffman, Ericson and Sippel City Staff, Office Assistant, Sharon Farniok, Planner, Bob Kirmis and Council Member, Joanna Widmer Attendee: Gary Minion — owner of commercial space of former SPA @ Lakeview Lofts 3. ADOPT AGENDA - Sippel makes the motion and Mason seconds to adopt the agenda, motion carries. 4. APPROVAL OF MINUTES — May 11, 2011 - Ericson makes a motion Sippel seconds to approve the May minutes. All votes ayes, motion carries. Jeff Hoffman stated that he cannot vote as he did not attend the May planning commission meeting. 5. PLANNING COMMISSION • a) Discussion Items Outdoor Storage: (Bring previously distributed materials) Ericson states that he does not think the city should put restrictions on outdoor storage and outdoor display sales for already established businesses. Sippel responded to Ericson's comment saying that it is not the intention to regulate established businesses in regards to storage in back of business and display sales in front of business. Maybe a better way would be to identify the designated areas within the marinas as to where their outdoor storage and outdoor sales would be on the business property. Currently businesses that have outdoor storage are not screened, however, the businesses that backup against the trail changes things because they can be seen as a front of a business. Ericson expressed that if things are stored neatly why should the businesses be required to fence and screen their areas that back up against the trail. Sippel responded that it is hard to clarify the word neat. His recommendation would be not to require established businesses but new businesses to fence and screen. Rental businesses could be exempt. Hoffman asked Bob Kirmis, the planner to comment. His suggestion was to make seasonal boat storage as an accessory usage. He asked the question as to how loose do we want to use the word marina in the outdoor storage regulations and include a definition of a marina. Should a CUP be expected for all new businesses or expansion to an existing business? • Another requirement that could be implemented would be a site plan and having zoning approval of the conditions. This could be done by staff with using a checklist. Restrictions Planning Commission Agenda, June 8, 2011 1 should be put on a new boat marina. New businesses and old businesses could be regulated by imposing the screening requirements. Boat storage to an accessory marine business: Should this be a CUP or some sort of site plan & have zoning approval of the conditions. This could be done by staff by using a • checklist. Restriction should be put on new boat marinas. New business and old business could be regulated by imposing screening due to the public visibility from the trail. Seasonal boat storage does not need to be screened. Council referred to Dock and Lift business quite frequently and old write up from 2005 page 6 of the memo of outdoor storage. Sippel asked the question does the public right of way encompass the trail? Define the display areas — submission of a site plan requirement — identify the display areas. Doug would like a site plan on file for the business. Making sure administrator reviews the site plan. New businesses for seasonal storage need a site plan. Existing businesses will be left alone at this time. If there is a change in business this would trigger a CUP amendment and they will be required to do a new site plan. Kirmis will put together something new about outside storage. PC decided not to vote on the outdoor storage tonight and will wait for the planner to revise the outdoor storage requirements for existing or new businesses. Request for temporary sign along Dakota Trail (Continue discussion) Gary Minion commercial space owner at Lakeview Lofts attended the meeting and asked if he could have a sign on the backside of his commercial space backing up to the trail. Sippel responded by saying he would prefer the sign to be mounted on the back side of the building instead of a sign on the trail or a monument sign. Minion then asked what size the sign could be for the commercial portion. The ordinance is specific on size and how many sides of the commercial building a sign can be hung. PC discussed the idea of have standardized sizes 01 signs with same dimensions for all businesses that back up against the trail. Sippel disagreedmw with that idea because businesses have different size buildings backing up to the trail. PC was in agreement to allow signs on buildings backing up to the trail. Hoffman brought up the question on allowing sign on fences. Everyone disagreed except Hoffman. Hoffman asked the question would you allow a free standing sign on the property. Ericson responded with a yes but we need to define what a presentable sign would look like. Monument signs or a wall sign was explained to Mr. Minion and he was told as to how many he can have. PC asked staff to provide a copy of the ordinance to Mr. Minion to refer to. The following questions were directed to Mr. Kirmis: What about a business that does not have current frontage? Would they be allowed a different business to place their sign on the property? PC responded with - we don't allow it today why would we change. Are other communities allowing this? Mr. Kirmis responded with the answer - he was not aware of any language on identifying signs on existing trails. Mason suggested the businesses advertise on the directional kiosk instead and that the city could receive revenues for their advertising. Widmer suggests that we survey other cities that have businesses on trails to see what they allow. After gathering the survey data then the PC can formalize a better opinion for the council. PC tabled the "request for temporary sign along Dakota Trail" pending survey results. • Planning Commission Agenda, June 8, 2011 2 Accessory Buildings: Allow 2 story accessory structure. Putting cap on accessory buildings and not to allow two story building to exceed 16' — 20' high. Need to discuss further with planner Brixius. •c) Future Items — Setbacks —Tabled for clarification. Noise Standards — Members of the planning commission discussed noises generated by Lord Fletchers, motorcycles and generators — have planner check on any existing ordinances that other cities might have for motorcycle noise nuisances. A suggestion was made for testing and maintenance on generations should be done during weekdays. Landscape Requirements —Tabled for more clarification 6. COMMUNICATIONS a) Council Minutes of May 16, 2011 b) Council Study Session Minutes of May 23, 2011 7. MISCELLANEOUS a) Reception for City Administrator candidates: Jeff Hoffman wanted to go on record that he opposed to using city tax dollars to entertain the candidates for the administrator search process. Joanna Widmer commented that she was involved in the last administrator search and it was done the same way. Mike Mason does not see anything wrong with it as councils get to observe the candidates in a more casual environment. Sippel ordered why candidates are brought to the city in one big group instead of individual appointments. b) Attendance c) July Calendar Mason asked if there are plans to advertise for a planning commission member. Staff stated that plans have been discussed to wait until after new administrator is hired. 8. ADJOURNMENT — 8:23PM - Sippel makes the motion to adjourn meeting and Ericson seconds. All votes ayes, motion carries. Sharon Farniok, Office Assistant Jim Brimeyer, City Administrator • Planning Commission Agenda, June 8, 2011 3 CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA 40 PLANNING COMMISSION May 11, 2011 7:00 P.M. - CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES —April 13, 2011 5. PLANNING COMMISSION a) Public Hearing — Non-Conforming Uses Action: Motion to Open Public Hearing Motion to Close Public Hearing Motion to Forward to City Council b) Sign Permit —API Fitness c) Sign Permit— Classic Cars • d) Sign Permit— Tonka Motor Sports e) Discussion Items Request for temporary sign along Dakota Trail Accessory Buildings Outdoor Storage (Bring previously distributed materials) c) Future Items — Setbacks Noise Standards Landscape Requirements 6. COMMUNICATIONS a) Council Minutes of April 18, 2011 b) Council Study Session Minutes —April 25, 2011 c) Council Minutes of May 2, 2011 7. MISCELLANEOUS • 8. ADJOURNMENT Planning Commission Agenda, May 11, 2011 1 CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES PLANNING COMMISSION • May 11, 2011 7:00 P.M. - CITY HALL 1. CALL TO ORDER — Acting Chair Sippel calls the meeting to order at 7:04 p.m. Pledge of Allegiance 2. ROLL CALL — Hoffman excused. Mason, Neve, Struck, Sippel, Erickson, Ericson. City staff, Brixius, Brimeyer, Lewin and Widmer. Eugene Meyers in the audience. 3. ADOPT AGENDA Erickson makes a motion and Ericson seconds to adopt the agenda. All votes ayes, motion carries. 4. APPROVAL OF MINUTES —April 13, 2011 — Mason makes a motion and Ericson seconds to approve the April minutes. All votes ayes, motion carries. 5. PLANNING COMMISSION a) Public Hearing — Non-Conforming Uses Action: Motion to Open Public Hearing Motion to Close Public Hearing Motion to Forward to City Council Brixius refers to his drafted ordinance language contained in the packet and said when the comprehensive plan was adopted one of the policies addressed was non conforming single family 40ertical expansion allowed for renovation as long as it didn't increase the nonconformity. He said ince that time additional language was asked about attaching a garage to a non conforming dwelling or a non conforming garage to a conforming dwelling. He said the portion of the building being expanded would have to meet required setbacks. He said the concerns are there are a lot of garages that are close to the street and allowing expansion of those structures would allow for those opportunities to continue. He said there is a concern about maintaining the ten foot sideyard setbacks because vertical expansion of a non conforming structure at the property line is a concern. Brixius said physical hardship had to exist for variances that would allow no use of the property without the variance. It recently changed where variance may be approved if variance is in harmony of city codes, is consistent with the comp plan and property is used in a reasonable manner. Brixius and Erickson agreed that buyers need to be aware that expansion of nonconforming structures will not be allowed just because the new resident wants a change. Sippel reads the public hearing notice published and opens the public hearing at 7A5 p.m. He emphasizes the Planning Commission just makes a recommendation based upon the feedback from the public hearing. He reminded them they do not make any decisions. Eugene Meyers wonders if this is a good thing. Brixius said this gives property owners more opportunity to expand on their lot. Ericson said in a reasonable manner. Sippel closes the public hearing at 7:49 p.m. Sippel said he has a concern about a ten foot sideyard setback in this ordinance because if the setbacks were ever changed, this ordinance would have to be changed too. Brixius said he'll take the specific language out and substitute more generic. Ericson feels comfortable with this and makes a motion to forward to the Council. Erickson seconds but agrees the sideyard setback should be generic. All votes ayes, motion carries. Brixius said this will go to council on the sixth of June. • Planning Commission Minutes, May 11, 2011 1 *Note: These items discussed before the public hearing because of the published time slot of 7:15. b) Sign Permit—API Fitness — Brimeyer said this was a sign put up without a permit and then the sign application came in as a late submission. Brimeyer illustrated a photograph of the existing sign. Brixius said the sign is approximately 10 square feet and is compliant. Brixius • recommends approval with a double fee. Erickson makes that motion and Struck seconds. All votes ayes, motion carries. c) Sign Permit— Classic Cars — Brimeyer said they've received a temporary sign permit and the thought was an application would be made by this meeting but it wasn't submitted as they are still designing their sign proposal. d) Sign Permit—Tonka Motor Sports — Brimeyer said if Tonka Motor Sports does not come in by tomorrow for a sign permit application, he will be subject to the first administrative fine. Sippel asked about the mortgage sign in front of the Yacht Club. Brimeyer said it isn't there all the time. Erickson said he didn't think it was there today. Brimeyer said he'll try to remember to ask them about it. e) Discussion Items Request for temporary sign along Dakota Trail — Brimeyer said this request came from API Fitness. Brimeyer said every business facing the Dakota Trail was invited to this meeting to discuss potential signage. Ericson said if the businesses want to put a sign facing the trail, he doesn't have an objection but thinks they should be a standard type of sign and have the SP logo. He thinks they should be uniform in size. Sippel said signs cannot be in the trail right- of-way so it would have to be post mounted. Sippel asked if there is a fence, would signs on the fence be allowed. Brixius said right now the code doesn't allow the signs. He said location, size, height could be regulated. He said First Amendment concerns can dictate certain sign content. Widmer asked about other businesses renting space to put up off-site • signs. Brixius said off-site signs are currently regulated. Struck said there are Adopt-the-Trail signs and they are sponsored by businesses. She likes that idea. Struck has noticed the lack of garbage receptacles along the trail and perhaps sponsorship of trash receptacles should be considered as a way of advertising. Neve asked what other cities are doing about signs on the trail and Brimeyer said right now they're not allowed on the trail. It was observed that the city of Spring Park and Mound is unique because they have buildings that face the trail where other cities don't have building frontage. Mason said signs on Shoreline Drive are desirable because of the amount of traffic. Brixius suggests API be told they can hang a perpendicular sign and see if there is any further interest generated by other businesses. Struck said this could present an interesting concept if other businesses want to advertise on the trail even if they don't have frontage. Mason said on the trail kiosks there are some businesses that are listed for places of interest. He said maybe the kiosk advertising could be encouraged. Neve suggested the city could rent out signage in front of city hall to off-site businesses that want to advertise. Struck thinks this should be discussed further. **After the public hearing item, Sippel asked if the trail signage should be addressed again or do they want to table it for now. Brixius said the temporary sign permit could be tested for now and see what it leads to. Mason said there was a banner sign on the trail advertising a race or special event. He said this banner was on the trail. Sippel said the discussion tonight is about building mounted signs. Sippel said it looks like it's a wait and see what develops. Accessory Buildings — Brixius said this is for discussion tonight and he doesn't want to 0 spend a lot of time on it. Brixius referred to previously adopted language in the code that is asterisked. He asked the PC to think about these items and have discussion if it needs to be Planning Commission Minutes, May 11, 2011 2 changed. Sippel asked if Brixius wanted feedback at this time and Brixius said no, this is more introductory in nature. Outdoor Storage (Bring previously distributed materials) - Brixius said this has been discussed several times. Brixius used Blue Lagoon as an example and Doesn't want to pick on them but they have a lot of outdoor storage. He said it's difficult to change things after they've been established. He said for outdoor sales and storage it should be a CUP reviewed by PC and approved by council. Brixius said outdoor storage should be defined on the property otherwise they tend to expand. Brixius said because this is a lake community there are going to be seasonal boat storage businesses affected and he thinks they should be lenient. Mason said the current outside storage businesses should be identified and future businesses should be subject to the adopted regulations. Widmer asked about seasonal sales such as pumpkin sales and Christmas trees. Brixius said temporary seasonal sales can be looked at with specific conditions followed and can be administratively approved in subsequent years. Struck said there doesn't seem to be any ordinance currently in place. She questions a business owner's parking of a boat on the trail side of Northern Avenue. Erickson questioned the 30% and noticed it was scratched out. He said there are several businesses that exceed this. Sippel said he noticed this too and the sales and storage needs to be accessory to the site in order to be contained. Brimeyer thinks the outdoor storage needs to be defined and regulated. Brixius said it might be tied to hardcover. He said there could be other components required such as a screening or a landscaping component. Brimeyer said a neater appearance could be achieved and not hurt anyone's business practice. Sippel is looking for something more current. He thinks there is something more recent than the 2001 memo. Sippel knows there is something more current and thinks it might be at least 2004. Wendy look for this***. Brixius said this might go for public hearing in July. Struck asked about garbage and trash enclosures and Brixius said it's addressed in the city code. Sippel said he's more concerned about Outdoor storage but should be careful about a one size fits all, especially those businesses that have trail frontage. c) Future Items — Setbacks Noise Standards Landscape Requirements 6. COMMUNICATIONS a) Council Minutes of April 18, 2011 b) Council Study Session Minutes —April 25, 2011 c) Council Minutes of May 2, 2011 7. MISCELLANEOUS Mason wants to ask about the silt fence and Brimeyer said he talked to the county and it's coming out. Brimeyer passed out a concept plan for entrance signs. Brimeyer thinks this should probably go to a sign designer if the PC agrees. Struck doesn't like breaking the logo up. She thinks if it's the logo it should remain the same. Graham Neve said this will be his last meeting as their house has been sold and he is moving. • Planning Commission Minutes, May 11, 2011 3 8. ADJOURNMENT — Mason makes a motion to adjourn and Struck seconds at 8:36 p.m. All votes ayes, motion carries. Wendy Lewin, Clerk Jim Brimeyer, Administrator Planning Commission Minutes, May 11, 2011 4 CITY OF SPRING PARK • SPRING PARK, MINNESOTA AGENDA PLANNING COMMISSION April 13, 2011 7:00 P.M. - CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES — March 9, 2011 5. PLANNING COMMISSION a) Public Hearing — Fences Action: Motion to Open Public Hearing Motion to Close Public Hearing Motion to Forward to City Council • b) Discussion Items Non-Conforming Uses Outdoor Storage Entrance Sign Design Request for temporary sign along Dakota Trail c) Future Items — Setbacks Noise Standards Landscape Requirements 6. COMMUNICATIONS a) Council Minutes of March 7, 2011 b) Council Meeting Minutes — March 21 , 2011 c) Council Study Session Minutes — March 21, 2011 d) Council Minutes of April 4, 2011 7. MISCELLANEOUS a) Pres Homes Tour— May 4, 2011 — 1:00 PM • 8. ADJOURNMENT Planning Commission Agenda, April 13, 2011 1 CITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES PLANNING COMMISSION April 13, 2011 7:00 P.M. - CITY HALL 1. CALL TO ORDER — Hoffman called the meeting to order at 7 p.m. Pledge of Allegiance 2. ROLL CALL — Mason, Erickson, Hoffman, Struck, Ericson, Sippel. Neve is excused. 3. ADOPT AGENDA — No last minute additions but Mason has something for miscellaneous. Sippel makes a motion and Erickson seconds to adopt the agenda. All votes ayes, motion carries. 4. APPROVAL OF MINUTES — March 9, 2011 — Erickson makes a motion to approve the minutes and Mason seconds. All votes ayes, motion carries. 5. PLANNING COMMISSION — Bill Turner is in the audience. a) Public Hearing — Fences Action: Motion to Open Public Hearing Motion to Close Public Hearing Motion to Forward to City Council Offman said there is an amendment to the fence ordinance. Brixius said we're looking at redrafting because of irregular shaped lots so a clear definition needs to be stated. Brixius takes the commission through the proposed language. He said fences can be requested to be moved if they are within easements. Mason asks about the language stating substantial workmanship like manner. Brixius said it would have to bear up to wind resistance, the poles would have to be set. Mason asked about professional standards. Brixius said they're not identified. Ericson asked about a fine if someone puts up a fence without a permit. Brixius said it would probably be double the permit fee. Brimeyer said there is an administrative fine option too. Hoffman refers to Exhibit A and he asked where they're defined in the ordinance. Brixius said under 42-63g —traffic visibility. Hoffman referenced the legal publication published in The Laker. He asked for a motion to open the public hearing. Ericson so moves and Sippel seconds at 7:17 PM. Bill Turner, 2258 Hazeldell Avenue. Said his neighbor has a fence and weeds are growing underneath on Turner's side. Brixius said Turner should be able to cut down the weeds on his side. Brixius said maybe the fence owner should be able to come on his side to remove the weeds. Turner said that's not an option. Brixius said there are solutions to this. Turner said his issue is the multiple different standards applied. Turner said there was a standard to remedy this but his neighbor was allowed to ignore this. Turner said he has a problem with the ordinances always changing. Hoffman said there is an existing fence issue and he wonders what Turner's comments are in this regard. Turner said his issue is the 18" for maintenance purposes and this is now being taken away. Hoffman said there was evidence of the no-man's land being created and no one maintains that area. Brixius said if there is a 0ghbor dispute, 18" or nothing will not settle the dispute. Erickson said it's stipulated that the fence ner maintains the fence. Brixius said something could be added in regards to a 4" clearance for weed maintenance. Turner thinks a fine should be rendered. Brixius thinks the 4" clearance would solve this. Sippel said his concern with a 4" clearance is very small dogs could get underneath. Planning Commission Minutes, April 13, 2011 1 Mason said it could be stated that it's fence maintenance but also added the ground around the fence. Brixius suggests under construction and maintenance it could be stipulated that a four inch ground clearance be maintained. Ericson makes a motion and Mason seconds to close the public hearing at 7:36 p.m. Hoffman 10 said he agrees with Sippel regarding the concern about a small dog can squeeze under a 4" clearance. Turner thinks if a fence is 48" in height it could be on the property line but, if it's six feet tall it should be set back off the property line. Brixius said if there's a dispute between two neighbors, it won't be resolved by keeping gaps on fences. Brixius again suggests within Sec 5 Construction and Maintenance include item e. about adding reasonable clearance above grade to maintain ground cover under the fence. Ericson suggests a concrete maintenance strip under the fence. Struck thinks that's cost prohibitive. Erickson makes a motion and Struck seconds to add additional language above so stated. All votes ayes except Ericson votes nay. motion carries. b) Discussion Items Non-Conforming Uses — Brixius said there was a directive about allowing a change to a single family structure to attach to a non-conforming accessory building. Brixius said vertical expansion of a non-conforming structure is allowed. However, Brixius said if an existing building is non-conforming in the setbacks, it cannot be increased. Brixius said this is dealing with attaching an accessory building to a non-conforming structure. Brixius goes through the language. Sippel thinks item 3 reads a little strange. He suggested to simply it by saying no connecting of two non conforming structures. Brixius said at least one of the structures should be conforming to the setback. He said it's important to make sure there is passage between front yard to back yard. Brixius said as an example, if there is a single car unattached garage that is non conforming, he doesn't want to see an accessory building attached to the primary structure and allowed to increase vertically as well. Commission is in agreement with Sippel's suggestion. Sippel said he thinks it gives flexibility in limited cases. Brixius said discussion should be had about detached accessory building height. He said 35 feet is a tall building and could be a problem on small lots and non conforming structures close to the road. Brixius said this will go to public hearing in May and, if agreed, will go to council for approval. Outdoor Storage — Hoffman asked for a brief overview as this has been discussed many times. Mason said this is for commercial properties. Brixius said the homework should be existing conditions. Brixius has outlined past language and it might not fit. He said standards should be set but seasonal storage should be addressed too. He said outdoor display and items on grassed areas that is not maintained needs to be addressed. He suggests defining sales versus storage. Brixius said some businesses are restricted as to where they can put outdoor storage and Rockvam is a good example. Brimeyer said he thought they've been very close to adopting this ordinance and it gets dropped. He said outdoor space should be defined and screening should be defined. Sippel said the big change since the last time this was front and center is the trail has now been developed. He said he believes businesses may now want to attract visibility from the trail. Hoffman asked commissioners to hang on to this portion of their packet and read through the red language. He said this should come back to the commission next month. Entrance Sign Design — Brimeyer said there have been several versions of signage. He said the sign on the west end of town was hit by the snow plow. Sturdier signs have been discussed. Struck asked about materials and Brimeyer said it would be metal. Brimeyer said it would be about $6500 and he proposes to do the west end of town first. Mason reminded Brimeyer of the city colors of blue, gray and white. Sippel said he thinks the materials need to be weather resistant. He said if it goes out for bids it should be bid for one and for more than one as typically the first sign is the most costly and subsequent signage is less. Struck agrees that the gateways to the city should match in design. Planning Commission Minutes, April 13, 2011 2 Mason asked if the sign can be set back further so it won't be further damaged by the snow plows. Hoffman requests a colored rendition the next time. Erickson makes a motion to move forward on sign mock-ups. Mason seconds. All votes ayes, motion carries. Request for temporary sign along Dakota Trail — Brimeyer said a business called and asked about a temporary sign facing the trail. Brimeyer told the applicant that the PC has to talk about signage on the trail and if they'll allow it. Hoffman said he thinks allowing signage facing the trail should be considered. He said there are going to be more businesses wanting to attract attention from the trail users. Struck said she thinks lighting should not be allowed. Brimeyer said he will get back to this person but also require a permanent sign be applied for regarding the existing sign. c) Future Items — Brixius thinks accessory buildings should be brought back for future discussion and height restrictions and attaching to the principal structure. Setbacks Noise Standards Landscape Requirements 6. COMMUNICATIONS a) Council Minutes of March 7, 2011 - b) Council Meeting Minutes — March 21, 2011 c) Council Study Session Minutes — March 21, 2011 d) Council Minutes of April 4, 2011 7. MISCELLANEOUS 0 a) Pres Homes Tour — May 4, 2011 — 1:00 PM Mason said next to API in the Tonka Ventures building there is a sign — collector cars for sale. He said it's placed in the parking lot. He also said the silt fence along the trail starting by the engine shed (north side of Lakeview Lofts) going to Sunset Drive is still there and he thinks it needs to be removed. Mason said after the snow melted the free standing signs were going to be addressed. He said O'Flanagan's is still there. He also said there is a sandwich sign for Minnetonka Carpet Cleaning. Lewin said they'll have Goman pick the sign up. Mason said there is a silt fence by the LMCC that is still there too. 8. ADJOURNMENT — Sippel makes a motion and Struck seconds to adjourn the meeting at 9:01 p.m. All votes ayes, motion carries. Wendy Lewin, City Clerk Jim Brimeyer, Administrator • Planning Commission Minutes, April 13, 2011 3 # CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA PLANNING COMMISSION March 9, 2011 7:00 P.M. - CITY HALL 1 . CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES — February 9, 2011 5. PLANNING COMMISSION a) Sign Request — Avanti Data Products, 4154 Shoreline Drive Action: Motion to Approve/Deny b) Review of Zoning Ordinance Fence Permits Action: Approve and Forward • recommendation to City Council Non-Conforming Uses Action: Review Planner Report c) Future Items — Setbacks Outdoor Storage Height of Accessory Structures Noise Standards Landscape Requirements 6. COMMUNICATIONS a) Council Meeting Minutes — February 7, 2011 b) Council Special Meeting Minutes — February 16, 2011 c) Council Special Meeting Minutes — February 23, 2011 d) Council Study Session Minutes — February 28, 2011 7. MISCELLANEOUS a) Building Inspection Open House b) MCWD Spring Flooding Potential c) Roster — City Council & Plan Commission 8. ADJOURNMENT Planning Commission Agenda — March 9, 2011 1 CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA PLANNING COMMISSION • March 9, 2011 7:00 P.M. - CITY HALL 1. CALL TO ORDER — Chair Hoffman calls the meeting to order at 7 p.m. Pledge of Allegiance 2. ROLL CALL — Mason, Hoffman, Erickson, Sippel, Struck. Neve and Ericson excused. 3. ADOPT AGENDA — Erickson makes a motion and Mason seconds to adopt the agenda. All votes ayes, motion carries. 4. APPROVAL OF MINUTES — February 9, 2011 — Sippel makes a motion with a minor change to the minutes at the bottom of page two regarding non conforming issues. Sippel said it should read "accessory" non-conforming structures. Struck makes a motion and Mason seconds to approve the minutes. All votes ayes, motion carries. 5. PLANNING COMMISSION a) Sign Request—Avanti Data Products, 4154 Shoreline Drive Action: Motion to Approve/Deny Bob Kermis is subbing for Al Brixius tonight. He said an application was received from Avanti Data Products at 4150 Shoreline Drive. Kermis said the sign meets the location and size requirements and • staff recommends approval. Mason said the application says it's 4154 and the memo says 4150 and wonders if it's two different addresses. It's agreed the memo has a typo and the address is 4150. Hoffman makes a motion and Erickson seconds to approve the sign request. All votes ayes, motion carries. b) Review of Zoning Ordinance Fence Permits — Kermis explains the changes. He addressed the requirement for a current survey. He said as a result of February's PC discussion, photographs would help in understanding the fence proposal. Kermis said the PC had concern regarding 6 foot fences toward the lake beyond the lakeside building line because of blockage of views. The six foot height allowance would only be allowed up to the building line. Sippel asked what the standard height of a chainlink fence is. Erickson said he thinks it's 48". Sippel thinks it should be changed to 48" then. Mason said if someone went with a solid fence, it might be a problem having it six more inches. It's agreed to change the height standard to 48". Kermis said there are some changes to fence construction and maintenance and preferred fence materials should be comparable grade and quality. It's not saying there can't be other materials used but they must be comparable in quality. Kermis said there was a provision added to fences that are in close proximity of non-conforming structures. It is suggested fence panels be removed for maintenance purposes. Struck asked about 3b under locations. and wondered about boulevards. Struck asked about fines and enforcement and if there was a separate schedule. Kermis said there is a separate section for enforcement along with an adopted fee schedule. Brimeyer said once the public hearing is held and if it passes, then the fee schedule gets amended to reflect the change. Struck asked about fences • erected for safety purposes and wondered if there were specific standards that address safety Planning Commission Minutes — March 9, 2011 1 fences. Brimeyer said the old fence ordinance didn't address this type of fence but the new one now does. Sippel said there is some language that calls out construction standards but it could be tightened up. Brimeyer said it needs to comply with adopted building code standards, just like any other structure requiring a building permit. Ericson said his property is a registered land survey and it's about triple the price to have a survey performed. Brimeyer said it's been spelled out that a • boundary line survey is okay if the property monuments can be located. Erickson makes a motion to accept the amendment as presented acknowledging the change in the fence height to 48". Kermis said in addition to the fence height, the wording can be changed regarding the boulevard location as Struck suggested. Struck wonders if the building code can be referenced too. Mason seconds. All votes ayes, motion carries. Brimeyer said the date for the public hearing is acknowledged to be set April 13th. Non-Conforming Uses - Kermis said the material provided in the packet is identical to what was in February's meeting. He said in regards to vertical expansion of non conforming structures it was decided it should be allowed to expand vertically but a detached accessory structure would be restricted. Sippel said the other point of discussion had to do with joining the accessory structure to the primary structure if it's non- conforming. Mason said he thinks it's reasonable to not go the route of connecting a non-conforming accessory structure to a primary structure because it would be increasing the non-conformity. Hoffman said language could be added about having the ability to connect but there could be no expansion of the non-conforming part of the structure. Kermis believes it's contrary to connect non- conforming accessory structures to primary structures. Struck wonders if certain situations should be treated differently. She said property with garages close to the street, attaching the primary structure to the garage doesn't look right. It's all house from the street. She said a different example is when lots have primary structures with non conforming garages to the side. She wonders what happens if the owner wants to join those structures. She thinks it might look nice. Brimeyer said the CUP route is probably the way to go versus a variance. Kermis said the proposed ordinance should be reworked to specifically address connecting structures and non-conforming variances. Brimeyer suggests the non-conforming changes for a public hearing in May. Struck thinks the fence ordinance should be done as soon as possible and the non-conforming portion for public hearing in May, if the language is agreed upon. c) Future Items — Setbacks Outdoor Storage Height of Accessory Structures Noise Standards Landscape Requirements Brimeyer asked what should be addressed at the next meeting. He thinks outdoor storage should be addressed at the next meeting because it's almost finished. Sippel doesn't think any further work needs to be done on outdoor storage, just dust off what's been done before and they'll get it finished. 6. COMMUNICATIONS a) Council Meeting Minutes — February 7, 2011 b) Council Special Meeting Minutes — February 16, 2011 • c) Council Special Meeting Minutes — February 23, 2011 d) Council Study Session Minutes — February 28, 2011 Planning Commission Minutes — March 9, 2011 2 7. MISCELLANEOUS a) Building Inspection Open House b) MCWD Spring Flooding Potential c) Roster— City Council & Plan Commission Mason asks about the portable signs. Brimeyer said once the snow is gone those business owners will be contacted to get rid of those signs. Mason would also like to finish up the window signs. Sippel said his recollection is it was finalized that there wasn't going to be anything done about it. Mason asked about the Watershed District taking over invasive species. Brimeyer said there have been some mayor conferences about this. Brimeyer said they are still in discussion and he's not sure where this is at. Brimeyer said Pres Homes invited him for a tour last week. He said it's still in the construction stage but he suggested a tour for the council and thinks the PC should be included as well. He said they're thinking sometime in April. He said the third or fourth week in April and probably during the daytime hours. He said it could be like a lunch time. Sippel thinks either first thing in the morning or at the end of the day would work better. 8. ADJOURNMENT —Sippel makes a motion and Struck seconds to adjourn at 812 p.m. All votes ayes, motion carries. Wendy Lewin, City Clerk Jim Brimeyer, Administrator Planning Commission Minutes — March 9, 2011 3 CITY OF SPRING PARK • SPRING PARK, MINNESOTA AGENDA PLANNING COMMISSION February 9, 2011 7:00 P.M. - CITY HALL 1. CALL TO ORDER Pledge of Allegiance 2. ROLL CALL 3. ADOPT AGENDA 4. APPROVAL OF MINUTES — December 8, 2010 Election of Officers 5. PLANNING COMMISSION a) Application for Sign Permit — Certified Auto Repair — 4700 Shoreline Drive Action — Approve/Deny b) Application for Sign Permit — Pedal Wild, Inc— 4675 Shoreline Drive Action — Approve/Deny • c) Review of Zoning Ordinance Fence Permits Non-Conforming Uses Action: Discuss options d) Future Items — Setbacks Outdoor Storage Height of Accessory Structures Noise Standards Landscape Requirements 6. COMMUNICATIONS a) Council Meeting Minutes — December 6, 2010 b) Council Meeting Minutes — December 28, 2010 c) Council Meeting Minutes — January 3, 2011 d) Council Meeting Minutes — January 18, 2010 e) Council Study Session Meeting Minutes — January 24, 2010 7. MISCELLANEOUS a) March Calendar • b) Council Chambers Project 8. ADJOURNMENT Planning Commission Agenda — February 9, 2011 1 CITY OF SPRING PARK SPRING PARK, MINNESOTA AGENDA • PLANNING COMMISSION February 9, 2011 7:00 P.M. - CITY HALL 1 . CALL TO ORDER — Hoffman calls the meeting to order at 7:02 p.m. Pledge of Allegiance 2. ROLL CALL — Sippel, Struck, Neve, Hoffman, Mason, ex-officio Williamson, Clerk Lewin, Planner Brixius, Todd Walker of Pedal Wild. 3. ADOPT AGENDA — Hoffman adds the swearing in of Commissioner Sippel. Sippel makes a motion and Struck seconds to adopt the agenda. All votes ayes, motion carries. 4. APPROVAL OF MINUTES — December 8, 2010 — Mason makes a motion and Neve seconds to approve the minutes. All votes ayes, motion carries. Swearing in of new commissioner — Doug Sippel takes the oath of office. Election of Officers — Hoffman explained a permanent chair and alternate chair needs to be appointed to the Planning Commission. Struck recommends and Neve seconds that Hoffman be appointed as chair. Mason suggests Struck as being the alternate chair. Struck said she isn't completely comfortable with the role yet so she respectively declines at this time. She thinks it's a big responsibility right now and she doesn't think she has the time right now. Hoffman suggests Sippel �s alternate chair and Sippel agrees. Neither Mason nor Neve are interested in the position. All tes ayes for Hoffman as chair and Sippel as alternate chair. Motion carries. 5. PLANNING COMMISSION a) Application for Sign Permit — Certified Auto Repair — 4700 Shoreline Drive Action — Approve/Deny Pleghaar is not in attendance. Brixius stated everything fits and he recommends approval. He thinks this stands on its own and can be approved without the applicant in attendance. Brixius thinks it cleans up the site. He said the awning sign can be treated as a directional sign. Mason asked if this is an illuminated box. Brixius confirms that it is a cabinet type sign. Struck doesn't have a problem with this sign but she's concerned about future applicants. She wants to make sure this is clarified in terms of how many signs can be on a building. Mason asked if this maximizes his sign allowance. Brixius said he's well below the 20% allowed so he can change this in the future. Brixius said what's being approved as part of this permit, it can be specified. Neve wondered if Pleghaar changes his mind about the illumination. Brixius said he could come back and request it be illuminated. Sippel moves approval of the sign application with the condition of limiting the west facing existing sign, this new south facing sign, and the canopy sign. Mason seconds. All votes ayes, motion carries. b) Application for Sign Permit — Pedal Wild, Inc— 4675 Shoreline Drive Action — Approve/Deny . Hoffman said Todd Walker is here from Pedal Wild. Walker said they do group fitness at their studio and they have 13 unique bikes that lean from side to side. He said there is yoga and Pilates offered as well as core workouts. He said they offer 40 classes per week and they're Planning Commission Minutes — February 9, 2011 1 still at less than 50% capacity so they have room to grow. Mason asked if it was a club membership and Walker explained that they sell single classes but he offers incentives to those who attend. Hoffman asked if the sign was going to be illuminated and Walker stated yes. Hoffman said Planner Brixius did recommend approval. Struck makes a motion and Mason seconds to approve the sign permit for Pedal Wild. All votes ayes, motion • carries. c) Review of Zoning Ordinance Fence Permits Brixius said there will have to be a public hearing for this. He said there are four exhibits and seven provisions. Brixius said there's nothing in the proposed ordinance that restricts heights. Brixius said typically front yard fences are restricted to a height because of site lines avid aesthetics. Brixius said a permit is required and also a survey must be presented. Sippel asked about the corner fence setback. Sippel is concerned about the traffic visibility for corner lots. Brixius said sometimes fences are allowed in easements but there is no restoral liability assigned to the city if the fence needs to be removed. Brixius will build in language referring to an average height for fences on slopes. There is much discussion about shoreline fences and heights. Discussed is fencing on the shoreline side could be restricted to the setback of the structure. Hoffman is concerned about special treatment to lakeshore owners about guaranteeing views. He said views cannot be guaranteed. Hoffman looks for a vote in favor of no more than 42 inches for fences on the shore side. All commissioners are in favor of this. Brixius would also like to add language about removable panels for maintenance purposes. Neve asked about language for fire and Brixius said required gates would allow access. Struck wonders if reasonable repair should be defined more. Brixius said he could write into the permit application that the property owner agrees to keep the fence in proper order and they recognize their obligations as such. Sippel thinks the new administrative fine can now offer some incentive towards enforcement. Neve asked about residential in a commercial • district and if they would be allowed to build an eight foot fence. Brixius said that could be added to the ordinance as it only seems fair if the commercial property can build a fence that tall, the adjoining residential property should be able to as well. Neve wondered if there is a material list of appropriate fencing materials. Sippel thinks a list of excluded materials for fencing could be included. Sippel asked about proximity of the adjoining house for ladders and fire fighting purposes. Brixius said he will stipulate removable panels for access. Discussion is held on the requirement of surveys and it's decided a basic survey placing the lot lines and the structure of the house can be fairly reasonable in cost. Non-Conforming Uses Action: Discuss options Brixius said his report gives the background. He explained the comprehensive plan includes language so vertical expansion would be allowed. A question is raised whether a principal structure can be attached to a non conforming structure. Sippel said we should not be encouraging investment in non-conforming structures. v + . d) Future Items — Hoffman wondered if the following items are in any specific order of urgency. Setbacks Outdoor Storage Height of Accessory Structures Noise Standards • Landscape Requirements Planning Commission Minutes — February 9, 2011 2 Sippel thinks setbacks is fairly close to be settled so he would like to see it moved to the top of the list. Williamson said he agrees with Sippel and outdoor storage is also very close and ready to go. Williamson thinks setbacks is a natural because it fits with what was discussed this evening. �Iliamson said driveway setbacks need to be outlined more specifically. Williamson said noise ` andards and landscape have been added because there have been some issues related to these concerns. Hoffman asked if we addressed signage in windows and Brixius said Brimeyer wants fences and nonconforming to be wrapped up and then finish the others. 6. COMMUNICATIONS a) Council Meeting Minutes — December 6, 2010 b) Council Meeting Minutes — December 28, 2010 c) Council Meeting Minutes — January 3, 2011 d) Council Meeting Minutes — January 18, 2010 e) Council Study Session Meeting Minutes — January 24, 2010 7. MISCELLANEOUS — Sippel asked about LMCD appointee. Williamson said one person has come forward and he lives at West Arm townhomes. He said the council will be interviewing this candidate via teleconference. Mason suggests in the remodeling process a sign showing hours of operation be displayed on the building. a) March Calendar b) Council Chambers Project illiamson explained his presence at this meeting is because Widmer is out of town so he is the ack-up. 8. ADJOURNMENT - Mason makes a motion and Sippel seconds to adjourn at 9:02 p.m. All votes ayes, motion carries. Wendy Lewin, City Clerk • Planning Commission Minutes — February 9, 2011 3 � Planning Commission Meeting canceled , January 2011 Lack of agenda items • •