03/22/1983 - City Council Regular• 0
MINUTES OF A REGULAR MEETING OF THE ADVISORY PLANNING COMMISSION
EAGAN, MINNESOTA
MARCH 22, 1983
A regularimeeting of the Eagan Advisory Planning Commission was held on
Tuesday, March 22, 1983, at the Eagan City Hall commencing at 7:00 p.m. Those
present were Chairman Hall, Members McCrea, Krob, Wold, Turnham and alternate
Mulrooney. Absent were Bohne and Wilkins. Also present were City Planner
Runkle, Assistant City Engineer Hefti, and City Attorney Hauge.
AGENDA
Wold moved, Mulrooney seconded the motion to approve the Agenda as dis-
tributed. All voted in favor.
Upon motion by McCrea, seconded Hall, it was resolved that the minutes of
the February 22, 1983 regular meeting be approved as distributed. All voted
in favor.
THIRD NORTHWESTERN NATIONAL BANK - PYLON SIGN
A public hearing regarding the application of Third Northwestern National
Bank of Minneapolis for conditional use permit for pylon sign at 3360 Pilot
Knob Road was considered by the Planning Commission. The preliminary plat for
Third Northwestern National Bank was approved by the City Council in January
of 1983 and the temporary pylon sign will be located in the southwest corner
of the temporary facility. When the new facility is completed, the sign will
then be moved to its permanent location at the southwest corner of the lot.
Larry Kranning, Manager of the bank was present and indicated that there will
be only one sign. There were questions about the possible location of other
potential pylon signs in the area which is unknown. Krob moved, Mulrooney
seconded the motion to approve the application based upon the following condi-
tions:
1. No more than one sign be allowed for the Northwestern National Bank
facility.
2. The sign be no more than 27 feet in height.
3. The sign be no more than 125 square feet per side.
4. The conditional use permit will allow the temporary sign and also
the relocation of the temporary sign to its permanent location.
5. Compliance with all applicable sign ordinance provisions.
All voted in favor.
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JEANNE ALLAN - DOG GROOMING FACILITY - CONDITIONAL USE PERMIT
The hearing regarding the.application of Jeanne Allan for conditional use
permit to allow a dog grooming facility on Lot 1, Block 1, Silver Bell Shop-
ping Center, 1975 Silver Bell Road, was convened by Chairman Hall. Jeanne
Allan was present and there were no objections. There were concerns about
notice to adjoining shop owners and there were no other appearances. Ms.
Allan indicated that there would be no kenneling and only dog grooming and
'that the approximate hours are 8:00 a.m. to 6:00 p.m. Only the shopping
center owner was notified of the hearing. She stated there would be four to
six dogs per groomer, per day. Mulrooney moved, McCrea seconded the motion to
recommend approval of the application, subject to the following:
1. The facility being used strictly for animal grooming and that no
boarding of animals be authorized.
2. That the activity of the facility be limited to normal business
hours, with a maximum closing time similar to other retail shops in the
center, but not later than 9:00 p.m.
All voted yes.
MCDONALDS CORPORATION - DRIVE-THRO FACILITY
The public hearing regarding the application of McDonalds Corporation for
conditional use permit for drive-thru restaurant facility at 1995 Silver Bell
Road was convened by the Chairman. Richard Engstrom appeared for the appli-
cant and stated that in 1981, McDonalds had appeared before the Council with a
different drive-thru facility proposal which was denied at that time. He
stated that McDonalds would retain its existing trash facility at the store
without change. Eight inside seats would .be lost from a total of 124 and
parking loss would be 5 stalls at a 10 foot x 20 foot stall size. There were
concerns about stacking distance for the ordering station and it was noted
that about 3 1/2 cars, plus the car at the ordering station would be able to
line up along ther building. There would be 30 to 40 minutes per day when
there would be some congestion, according to Mr. Engstrom's estimate. Krob
moved, Turnham seconded the motion to recommend approval, subject to the
following conditions:
1. The parking spaces shall be 10 feet x 20 feet.
2. Directional signs shall be installed designating entrance and exit
to provide proper traffic circulation.
3. Drainage shall be improved according to plans approved by the City
staff.
All voted yes.
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CARL R. TOLLEFSON - BRITTANY 4TH ADDITION - VARIANCE
The application of Carl Tollefson for five foot side setback variance
from Lot 11, Block 1, Brittany 4th Addition was considered by the Planning
Commission members. Preliminary plat approval for the 4th Addition was given
in July of 1982 and it was noted that a home has now been constructed on Lot
11, Block 1, and a 5 foot survey error has been determined which provides for
a 5 foot side setback on the lot. Several options were discussed, including
replatting and relocating the westerly lot line of Lot 10, and adding 5
additional feet or request a variance from the side setback requirement. The
staff recommended that the variance be allowed and; instead of replatting Lot
11 to add additional land, that the developer could provide the same setback
or a greater setback on Lot 10. This would then provide the proper spacing
between units, depending on whether the garage or the principal residence will
adjoin the neighboring lot. There was no appearance for the applicant.
There is no building on the adjoining lot and the same owner owns both lots.
There were no objections to the application. Upon motion by Wold, seconded
Mulrooney, it was recommended that the application be approved, subject to the
following.,
1. That either a 10 foot or 15 foot side setback be required from the
easterly line of Lot 10 when the construction commences, depending on whether
a garage or principal residence is located on that lot, closer to the property
line.
2. Compliance with all other ordinance provisions.
All voted in favor.
WOODHAVEN ADDITION - REZONING AND PRELDIINARY PLAT
The application of Terry Stover for rezoning approximately two acres from
CSC (Community Shopping Center) to R-4 (Residential Multiple District) and
preliminary plat approval of Woodhaven Addition covering property in the East
1/2 of the Northeast 1/4 of Section 19, at the southeast corner of Rahn Road
and Beau D' Rue Drive was next convened by the Chairman. Mr. Stover was
present and explained the applications. He stated that an attempt was being
made to leave a buffer to the south, partly because of the terrain and also
because of the heavy quality of tree stand. He indicated that it's a very
steep parcel and very difficult to develop and that he tried to eliminate all
traffic exiting onto Rahn Road only because of the grade on the street. All
of the inside garages would be tuck -under. Part of the property is zoned R-4
and part is zoned CSC with the CSC District requiring conditional use permit
for multiple development construction. The proposal is for two 18 -unit apart-
ment buildings for a total of 36 dwelling units with 8 studios and 10 one -
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March 22, 1983
bedroom with den, in each of the buildings. Two of the 10 one -bedroom units
are being -proposed for handicapped persons in each building. Total density
would be approximately 2.4 dwelling units over the allowed density for the net
area of the lots under the application. Staff recommended reduction of the
density. The applicant proposed 13 underground parking spaces for the
dwelling unit and the Ordinance requires one garage space for each dwelling
unit and 1 1/2 parking spaces per unit, for a total of 2 1/2 parking spaces
per unit. A revision to the plan provides for 4 additional garage spaces on
the end of each apartment building. The applicant proposes 30 outside spaces
on Building A and 29 spaces for Building B. In addition, the outside spaces
should be 10 feet x 20 feet, according to the City parking requirements.
Mr. Stover stated that the variance for an extra 2.4 units would have
little effect in basically a commercial area, and also the units are quite
small so there are fewer people per unit. Each building covers 11.4% of the
site, well under the 20% maximum, according to Mr. Stover. Another variance
to allow 17 rather than 18 garage spaces, or in the alternate, 13 spaces, with
5 garage space variance per building, was discussed. Mr. Stover stated that
either is possible to construct but there is greater fill to the east if the
extra garages must be built, with fill on the park land. The third variance
would be not to provide the 7 foot variance requested for additional right-of-
way on Rahn and Beau D' Rue Roads to request a 7 foot variance from the 50
foot setback on Rahn and on Beau D' Rue Drive. Steve Darling, a member of the
Board of Mt. Calvary Church was present and expressed concern about the view
from the Pastor's residence of the apartment buildings and possible destruc-
tion of the view. He stated the church had taken no formal action because it
had very little information at the last Church Council meeting. Staff members
recommended soil erosion measures along the park land be provided and
approved. Mr. Mulrooney had concerns about whether there was any hardship to
authorize variances. It was noted that the construction must utilize the
uniqueness of the site. Mr. Stover stated the rentals would be from the low
$300.00 range to the high $300.00 range, per month. It was also noted that
there would be 42 and 43 parking spaces, if there are only 13 inside parking
spaces per unit, and therefore would not meet the 45 parking space minimum per
building. '
Chairman Hall had concerns about the impact on Woodhaven Park and the
potential value of the taking of park land by the adding of additional
material and the need for the parking, and further, that the Mt. Calvary
Church Council review the application. Mulrooney moved, Turnham seconded the
motion to continue the hearing until the next regular meeting to allow the
Park Committee to review the application and make recommendations to the
Planning Commission and also to allow the Mt. Calvary Church Council to con-
sider the applications. All voted yes.
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SUNSET ADDITION - REZONING AND PRELnunRY PLAT
The public hearing regarding the application of Bradley Swenson and Tri -
Land Company for rezoning approximately 5 acres from R-1 (Residential Single)
to R-1 PD to allow deviation from the R-1 zoning requirements and for prelimi-
nary plat approval of Sunset Addition, containing 18 single family lots, was
convened by the Chairman. Bradley Swenson was present and reviewed the appli-
cations with the Planning Commission members. It was noted that an applica-
tion had been submitted in 1978 for rezoning and platting of this particular
parcel and at that time, the preliminary plat was not completed because of
technical bonding requirements that were not met by the applicant. The
smallest lot would provide 67 foot lot width and 9,443 square feet, with the
largest lot 85 feet wide and 11,980 square feet. The gross density is 3.6
dwelling units per acre and net density of 4.3 dwelling units per acre. The
applicant is proposing to dedicate a 25 foot half right-of-way for the exten-
sion of Hackmore Drive and an additional 5 feet would be required from the
property owner on the south for right-of-way. If it cannot be aquired, then
the entire 50 feet of right-of-way must be provided by the applicant. Fur-
ther, it was recommended that on-site ponding be provided until storm sewers
are brought in to the area. Mr. Swenson stated the attempt is to provide for
salable lots and indicated the property is basically flat with the drainage
pattern to be maintained essentially as it exists at the present time.
A number of neighboring property owners were present objecting to the
application, including the owner of the land directly to the west who had
questions. It was noted that a number of the parcels to the south and west
are five acres in size and the lots to the east are considerably higher than
those proposed. There were objections to the small lot sizes and also some
adjacent owners stated that they felt that drainage problems would result.
There were also objections that emergency vehicles cannot maneuver on the cul-
de-sac and that excessive traffic would be created. A petition from objecting
neighboring property owners, some of whom favored 100 foot lots, was submitted
to the Planning Commission. Phil Brandt also appeared on behalf of the appli-
cant. Of 22 homeowners in Saddlehorn Addition, 18 signed the Petition op-
posing the density. Mr. Mulrooney objected to the use of the Planned Develop-
ment to circumvent the minimum lot sizes for single purpose relatively small
parcels. Runkle indicated that the City Council has allowed deviation from
the strict requirements of the Ordinance by Planned Developments under special
circumstances and there was discussion concerning the definition of Planned
Development and the purpose of PD in the City. Swenson stated that there is a
surplus of large single-family lots and large lots are not selling at the
present time. The hardship appears to be the inability to sell large lots and
noted that R-1 provides for 0-3 units per acre. Mulrooney moved, McCrea
seconded the motion to recommend denial of the application for rezoning and
for preliminary plat approval for reasons including those stated above and the
following:
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1. The application is for R-1 as a part of a Planned Development and
the information received by the Planning Commission is that the definition of
Planned Development is not applicable to the parcel being proposed for PD.
2. The size of the proposed lots is inconsistent with the density of
adjacent lots, particularly to the South and West.
3. The proposal is inconsistent with the Comprehensive Plan for the
subject parcel.
It was noted, however, that the parcel could be platted into approximate-
ly 14 lots to conform with minimum lot sizes. All voted in favor.
3RD ADDITION - REZONING AND PRELIMINARY PLAT
The hearing regarding the application of Windtree Company, c/o Richardson
i{ Properties, Inc. for rezoning Blocks 1, 2, and 3, Windtree 2nd Addition,
consisting of approximately 15 acres from R-1 to R-1 PD, to allow deviation
from R-1 zoning standards, and to replat Blocks 1, 2, and 3, Windtree 2nd
Addition, into 39 single family lots, to be called Windtree 3rd Addition, was
next convened. Jim Hill, Planner, and Martha Gillman appeared for the appli-
cant. Mr. Hill stated that the increase will be 27 to 39 lots with a 65 foot
minimum at the 30 foot setback line with the smallest lot being 9,100 square
feet. Mr. Hill stated that a neighborhood meeting had been held with the
property owners in the South Hills addition to explain the proposal. He
further stated that there is natural topography on the property and there is
a tree separation between the areas of east and west Elrene Road, and further,
that lots backing on to Elrene Road meet the City Code requirements. He
stated that market demands require smaller lots. Martha Gillman indicated the
project had been started in 1979 with very slow sales through 1981 and no
activity had taken place in the 1st addition, with no interest in the 2nd
Addition through 1982. Covenants will be included covering the lots and an
architectural control committee will also be implemented.
Steven Bryant of West Publish4ng Co. expressed concerns about the
barriers that would be desirable between the residential parcels and the West
Publishing Industrial area, particularly if smaller lots are provided. It was
noted that the subject land was zoned _ndustrial when West Publishing acquired
its property to the east. There were concerns about precedent and assurance
from the developer of suitable bu_"'ers to maintain separation between the
residential and industrial property.
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March 22, 1983
Neighboring owners objected to the reduction below the R-1 standards,
including Larry Frank, a neighbor from South Hills who stated that Windtree
2nd Addition meets only minimum standards under the R-1 requirements. He also
stated that South Hills took a long time to develop because of its remote
location and lack of activity in the immediate area. There was also concern
about reduction of vegetation, that the parcels in the subdivision would not
be compatible with the irregular site, that the remaining Windtree area would
be rezoned and also the size of the proposed lots, but no committment was made
by the developers regarding the remainder of the property at the present time.
There were concerns about degrading the value of the sizable homes in South
Hills and that this is simply an attempt to circumvent the requirements of the
City Ordinance. Mr. Hill stated that the topopgraphy dictates.the location of
the streets and there would be no change in the streets. There were questions
about prices for lots and whether there actually would be a reduction in the
sale price of the smaller lots. McCrea had concerns about the policy of the
City in regard to reducing lot sizes under Planned Development zoning and Mr.
Turnham felt that the Planned Development method to allow deviations was
preferable to authorizing substantial reduction in minimum lot size according
to the ordinance. Mr. Hill stated that he was unsure whether the developer
would continue with the same plan for the balance of the Windtree Addition
lots. Wold moved, Hall seconded the motion to recommend denial of the appli-
cation for rezoning for reasons mentioned above and the following:
1. It is inconsistent with the development of the adjacent property to
the west, South Hills Addition.
2. It is inconsistent with the development of the Windtree property
generally.
3. The reasons for the hardship deviations under the minimum require-
ments of the zoning ordinance are based upon market conditions and it is not
an adequate reason for the deviation.
All voted yes.
PLANNED DEVELOPMENT DEVIATIONS
There were questions from Planning Commission members whether the Planned
Development zoning was intended to be used and should be used for deviations
from minimum requirements under the single-family and under residential zoning
categories to reduce lot sizes. Some members stated the purpose of the
Planned Development was to blend different land uses and not necessarily
subvert the strict minimum requirements. Also, there were concerns about
misleading previous buyers of adjacent property regarding the minimum lot
standards. It was recommended the City Council review the policy regarding
deviations under Planned Developments. Several alternates were suggested:
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1. Possible new category for residential lots below the minimum lot
guidelines.
2. The use of Planned Developments with an agreement covering the
guidelines for the lot. '
3. Straight variances from minimum lot requirements.
4. Limitation of the strict ordinance provisions and refusal to use
Planned Development zoning for deviations.
It was further recommended that a special meeting with the City Council
be scheduled possibly for April 12, 1983 at the City Hall to discuss planning
issues, including the Planned Development with the City Council.
Upon motion by McCrea, seconded Mulrooney, it was resolved that the
?'. meeting adjourn at 11:05 p.m.
PHH
Secretary
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MINUTES OF A REGULAR MEETING OF THE ADVISORY PLANNING COMMISSION
EAGAN, MINNESOTA
MARCH 22, 1983
A regularimeeting of the Eagan Advisory Planning Commission was held on
Tuesday, March 22, 1983, at the Eagan City Hall commencing at 7:00 p.m. Those
present were Chairman Hall, Members McCrea, Krob, Wold, Turnham and alternate
Mulrooney. Absent were Bohne and Wilkins. Also present were City Planner
Runkle, Assistant City Engineer Hefti, and City Attorney Hauge.
AGENDA
Wold moved, Mulrooney seconded the motion to approve the Agenda as dis-
tributed. All voted in favor.
Upon motion by McCrea, seconded Hall, it was resolved that the minutes of
the February 22, 1983 regular meeting be approved as distributed. All voted
in favor.
THIRD NORTHWESTERN NATIONAL BANK - PYLON SIGN
A public hearing regarding the application of Third Northwestern National
Bank of Minneapolis for conditional use permit for pylon sign at 3360 Pilot
Knob Road was considered by the Planning Commission. The preliminary plat for
Third Northwestern National Bank was approved by the City Council in January
of 1983 and the temporary pylon sign will be located in the southwest corner
of the temporary facility. When the new facility is completed, the sign will
then be moved to its permanent location at the southwest corner of the lot.
Larry Kranning, Manager of the bank was present and indicated that there will
be only one sign. There were questions about the possible location of other
potential pylon signs in the area which is unknown. Krob moved, Mulrooney
seconded the motion to approve the application based upon the following condi-
tions:
1. No more than one sign be allowed for the Northwestern National Bank
facility.
2. The sign be no more than 27 feet in height.
3. The sign be no more than 125 square feet per side.
4. The conditional use permit will allow the temporary sign and also
the relocation of the temporary sign to its permanent location.
5. Compliance with all applicable sign ordinance provisions.
All voted in favor.
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JEANNE ALLAN - DOG GROOMING FACILITY - CONDITIONAL USE PERMIT
The hearing regarding the.application of Jeanne Allan for conditional use
permit to allow a dog grooming facility on Lot 1, Block 1, Silver Bell Shop-
ping Center, 1975 Silver Bell Road, was convened by Chairman Hall. Jeanne
Allan was present and there were no objections. There were concerns about
notice to adjoining shop owners and there were no other appearances. Ms.
Allan indicated that there would be no kenneling and only dog grooming and
'that the approximate hours are 8:00 a.m. to 6:00 p.m. Only the shopping
center owner was notified of the hearing. She stated there would be four to
six dogs per groomer, per day. Mulrooney moved, McCrea seconded the motion to
recommend approval of the application, subject to the following:
1. The facility being used strictly for animal grooming and that no
boarding of animals be authorized.
2. That the activity of the facility be limited to normal business
hours, with a maximum closing time similar to other retail shops in the
center, but not later than 9:00 p.m.
All voted yes.
MCDONALDS CORPORATION - DRIVE-THRO FACILITY
The public hearing regarding the application of McDonalds Corporation for
conditional use permit for drive-thru restaurant facility at 1995 Silver Bell
Road was convened by the Chairman. Richard Engstrom appeared for the appli-
cant and stated that in 1981, McDonalds had appeared before the Council with a
different drive-thru facility proposal which was denied at that time. He
stated that McDonalds would retain its existing trash facility at the store
without change. Eight inside seats would .be lost from a total of 124 and
parking loss would be 5 stalls at a 10 foot x 20 foot stall size. There were
concerns about stacking distance for the ordering station and it was noted
that about 3 1/2 cars, plus the car at the ordering station would be able to
line up along ther building. There would be 30 to 40 minutes per day when
there would be some congestion, according to Mr. Engstrom's estimate. Krob
moved, Turnham seconded the motion to recommend approval, subject to the
following conditions:
1. The parking spaces shall be 10 feet x 20 feet.
2. Directional signs shall be installed designating entrance and exit
to provide proper traffic circulation.
3. Drainage shall be improved according to plans approved by the City
staff.
All voted yes.
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CARL R. TOLLEFSON - BRITTANY 4TH ADDITION - VARIANCE
The application of Carl Tollefson for five foot side setback variance
from Lot 11, Block 1, Brittany 4th Addition was considered by the Planning
Commission members. Preliminary plat approval for the 4th Addition was given
in July of 1982 and it was noted that a home has now been constructed on Lot
11, Block 1, and a 5 foot survey error has been determined which provides for
a 5 foot side setback on the lot. Several options were discussed, including
replatting and relocating the westerly lot line of Lot 10, and adding 5
additional feet or request a variance from the side setback requirement. The
staff recommended that the variance be allowed and; instead of replatting Lot
11 to add additional land, that the developer could provide the same setback
or a greater setback on Lot 10. This would then provide the proper spacing
between units, depending on whether the garage or the principal residence will
adjoin the neighboring lot. There was no appearance for the applicant.
There is no building on the adjoining lot and the same owner owns both lots.
There were no objections to the application. Upon motion by Wold, seconded
Mulrooney, it was recommended that the application be approved, subject to the
following.,
1. That either a 10 foot or 15 foot side setback be required from the
easterly line of Lot 10 when the construction commences, depending on whether
a garage or principal residence is located on that lot, closer to the property
line.
2. Compliance with all other ordinance provisions.
All voted in favor.
WOODHAVEN ADDITION - REZONING AND PRELDIINARY PLAT
The application of Terry Stover for rezoning approximately two acres from
CSC (Community Shopping Center) to R-4 (Residential Multiple District) and
preliminary plat approval of Woodhaven Addition covering property in the East
1/2 of the Northeast 1/4 of Section 19, at the southeast corner of Rahn Road
and Beau D' Rue Drive was next convened by the Chairman. Mr. Stover was
present and explained the applications. He stated that an attempt was being
made to leave a buffer to the south, partly because of the terrain and also
because of the heavy quality of tree stand. He indicated that it's a very
steep parcel and very difficult to develop and that he tried to eliminate all
traffic exiting onto Rahn Road only because of the grade on the street. All
of the inside garages would be tuck -under. Part of the property is zoned R-4
and part is zoned CSC with the CSC District requiring conditional use permit
for multiple development construction. The proposal is for two 18 -unit apart-
ment buildings for a total of 36 dwelling units with 8 studios and 10 one -
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March 22, 1983
bedroom with den, in each of the buildings. Two of the 10 one -bedroom units
are being -proposed for handicapped persons in each building. Total density
would be approximately 2.4 dwelling units over the allowed density for the net
area of the lots under the application. Staff recommended reduction of the
density. The applicant proposed 13 underground parking spaces for the
dwelling unit and the Ordinance requires one garage space for each dwelling
unit and 1 1/2 parking spaces per unit, for a total of 2 1/2 parking spaces
per unit. A revision to the plan provides for 4 additional garage spaces on
the end of each apartment building. The applicant proposes 30 outside spaces
on Building A and 29 spaces for Building B. In addition, the outside spaces
should be 10 feet x 20 feet, according to the City parking requirements.
Mr. Stover stated that the variance for an extra 2.4 units would have
little effect in basically a commercial area, and also the units are quite
small so there are fewer people per unit. Each building covers 11.4% of the
site, well under the 20% maximum, according to Mr. Stover. Another variance
to allow 17 rather than 18 garage spaces, or in the alternate, 13 spaces, with
5 garage space variance per building, was discussed. Mr. Stover stated that
either is possible to construct but there is greater fill to the east if the
extra garages must be built, with fill on the park land. The third variance
would be not to provide the 7 foot variance requested for additional right-of-
way on Rahn and Beau D' Rue Roads to request a 7 foot variance from the 50
foot setback on Rahn and on Beau D' Rue Drive. Steve Darling, a member of the
Board of Mt. Calvary Church was present and expressed concern about the view
from the Pastor's residence of the apartment buildings and possible destruc-
tion of the view. He stated the church had taken no formal action because it
had very little information at the last Church Council meeting. Staff members
recommended soil erosion measures along the park land be provided and
approved. Mr. Mulrooney had concerns about whether there was any hardship to
authorize variances. It was noted that the construction must utilize the
uniqueness of the site. Mr. Stover stated the rentals would be from the low
$300.00 range to the high $300.00 range, per month. It was also noted that
there would be 42 and 43 parking spaces, if there are only 13 inside parking
spaces per unit, and therefore would not meet the 45 parking space minimum per
building. '
Chairman Hall had concerns about the impact on Woodhaven Park and the
potential value of the taking of park land by the adding of additional
material and the need for the parking, and further, that the Mt. Calvary
Church Council review the application. Mulrooney moved, Turnham seconded the
motion to continue the hearing until the next regular meeting to allow the
Park Committee to review the application and make recommendations to the
Planning Commission and also to allow the Mt. Calvary Church Council to con-
sider the applications. All voted yes.
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SUNSET ADDITION - REZONING AND PRELnunRY PLAT
The public hearing regarding the application of Bradley Swenson and Tri -
Land Company for rezoning approximately 5 acres from R-1 (Residential Single)
to R-1 PD to allow deviation from the R-1 zoning requirements and for prelimi-
nary plat approval of Sunset Addition, containing 18 single family lots, was
convened by the Chairman. Bradley Swenson was present and reviewed the appli-
cations with the Planning Commission members. It was noted that an applica-
tion had been submitted in 1978 for rezoning and platting of this particular
parcel and at that time, the preliminary plat was not completed because of
technical bonding requirements that were not met by the applicant. The
smallest lot would provide 67 foot lot width and 9,443 square feet, with the
largest lot 85 feet wide and 11,980 square feet. The gross density is 3.6
dwelling units per acre and net density of 4.3 dwelling units per acre. The
applicant is proposing to dedicate a 25 foot half right-of-way for the exten-
sion of Hackmore Drive and an additional 5 feet would be required from the
property owner on the south for right-of-way. If it cannot be aquired, then
the entire 50 feet of right-of-way must be provided by the applicant. Fur-
ther, it was recommended that on-site ponding be provided until storm sewers
are brought in to the area. Mr. Swenson stated the attempt is to provide for
salable lots and indicated the property is basically flat with the drainage
pattern to be maintained essentially as it exists at the present time.
A number of neighboring property owners were present objecting to the
application, including the owner of the land directly to the west who had
questions. It was noted that a number of the parcels to the south and west
are five acres in size and the lots to the east are considerably higher than
those proposed. There were objections to the small lot sizes and also some
adjacent owners stated that they felt that drainage problems would result.
There were also objections that emergency vehicles cannot maneuver on the cul-
de-sac and that excessive traffic would be created. A petition from objecting
neighboring property owners, some of whom favored 100 foot lots, was submitted
to the Planning Commission. Phil Brandt also appeared on behalf of the appli-
cant. Of 22 homeowners in Saddlehorn Addition, 18 signed the Petition op-
posing the density. Mr. Mulrooney objected to the use of the Planned Develop-
ment to circumvent the minimum lot sizes for single purpose relatively small
parcels. Runkle indicated that the City Council has allowed deviation from
the strict requirements of the Ordinance by Planned Developments under special
circumstances and there was discussion concerning the definition of Planned
Development and the purpose of PD in the City. Swenson stated that there is a
surplus of large single-family lots and large lots are not selling at the
present time. The hardship appears to be the inability to sell large lots and
noted that R-1 provides for 0-3 units per acre. Mulrooney moved, McCrea
seconded the motion to recommend denial of the application for rezoning and
for preliminary plat approval for reasons including those stated above and the
following:
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1. The application is for R-1 as a part of a Planned Development and
the information received by the Planning Commission is that the definition of
Planned Development is not applicable to the parcel being proposed for PD.
2. The size of the proposed lots is inconsistent with the density of
adjacent lots, particularly to the South and West.
3. The proposal is inconsistent with the Comprehensive Plan for the
subject parcel.
It was noted, however, that the parcel could be platted into approximate-
ly 14 lots to conform with minimum lot sizes. All voted in favor.
3RD ADDITION - REZONING AND PRELIMINARY PLAT
The hearing regarding the application of Windtree Company, c/o Richardson
i{ Properties, Inc. for rezoning Blocks 1, 2, and 3, Windtree 2nd Addition,
consisting of approximately 15 acres from R-1 to R-1 PD, to allow deviation
from R-1 zoning standards, and to replat Blocks 1, 2, and 3, Windtree 2nd
Addition, into 39 single family lots, to be called Windtree 3rd Addition, was
next convened. Jim Hill, Planner, and Martha Gillman appeared for the appli-
cant. Mr. Hill stated that the increase will be 27 to 39 lots with a 65 foot
minimum at the 30 foot setback line with the smallest lot being 9,100 square
feet. Mr. Hill stated that a neighborhood meeting had been held with the
property owners in the South Hills addition to explain the proposal. He
further stated that there is natural topography on the property and there is
a tree separation between the areas of east and west Elrene Road, and further,
that lots backing on to Elrene Road meet the City Code requirements. He
stated that market demands require smaller lots. Martha Gillman indicated the
project had been started in 1979 with very slow sales through 1981 and no
activity had taken place in the 1st addition, with no interest in the 2nd
Addition through 1982. Covenants will be included covering the lots and an
architectural control committee will also be implemented.
Steven Bryant of West Publish4ng Co. expressed concerns about the
barriers that would be desirable between the residential parcels and the West
Publishing Industrial area, particularly if smaller lots are provided. It was
noted that the subject land was zoned _ndustrial when West Publishing acquired
its property to the east. There were concerns about precedent and assurance
from the developer of suitable bu_"'ers to maintain separation between the
residential and industrial property.
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March 22, 1983
Neighboring owners objected to the reduction below the R-1 standards,
including Larry Frank, a neighbor from South Hills who stated that Windtree
2nd Addition meets only minimum standards under the R-1 requirements. He also
stated that South Hills took a long time to develop because of its remote
location and lack of activity in the immediate area. There was also concern
about reduction of vegetation, that the parcels in the subdivision would not
be compatible with the irregular site, that the remaining Windtree area would
be rezoned and also the size of the proposed lots, but no committment was made
by the developers regarding the remainder of the property at the present time.
There were concerns about degrading the value of the sizable homes in South
Hills and that this is simply an attempt to circumvent the requirements of the
City Ordinance. Mr. Hill stated that the topopgraphy dictates.the location of
the streets and there would be no change in the streets. There were questions
about prices for lots and whether there actually would be a reduction in the
sale price of the smaller lots. McCrea had concerns about the policy of the
City in regard to reducing lot sizes under Planned Development zoning and Mr.
Turnham felt that the Planned Development method to allow deviations was
preferable to authorizing substantial reduction in minimum lot size according
to the ordinance. Mr. Hill stated that he was unsure whether the developer
would continue with the same plan for the balance of the Windtree Addition
lots. Wold moved, Hall seconded the motion to recommend denial of the appli-
cation for rezoning for reasons mentioned above and the following:
1. It is inconsistent with the development of the adjacent property to
the west, South Hills Addition.
2. It is inconsistent with the development of the Windtree property
generally.
3. The reasons for the hardship deviations under the minimum require-
ments of the zoning ordinance are based upon market conditions and it is not
an adequate reason for the deviation.
All voted yes.
PLANNED DEVELOPMENT DEVIATIONS
There were questions from Planning Commission members whether the Planned
Development zoning was intended to be used and should be used for deviations
from minimum requirements under the single-family and under residential zoning
categories to reduce lot sizes. Some members stated the purpose of the
Planned Development was to blend different land uses and not necessarily
subvert the strict minimum requirements. Also, there were concerns about
misleading previous buyers of adjacent property regarding the minimum lot
standards. It was recommended the City Council review the policy regarding
deviations under Planned Developments. Several alternates were suggested:
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1. Possible new category for residential lots below the minimum lot
guidelines.
2. The use of Planned Developments with an agreement covering the
guidelines for the lot. '
3. Straight variances from minimum lot requirements.
4. Limitation of the strict ordinance provisions and refusal to use
Planned Development zoning for deviations.
It was further recommended that a special meeting with the City Council
be scheduled possibly for April 12, 1983 at the City Hall to discuss planning
issues, including the Planned Development with the City Council.
Upon motion by McCrea, seconded Mulrooney, it was resolved that the
?'. meeting adjourn at 11:05 p.m.
PHH
Secretary
D