PLANNING COMMISSION PROCEEDINGS

CITY OF NEW BRIGHTON

 

Text Box: APPROVED 


Regular Meeting  09-17-02   7:30 P.M.

 

Present:          Commissioners  Larry Baker,  Jim O’Brien, Thomas O’Keefe,  David Schmitz, Jeff Schopf   and Paul Zisla

                       

 

Absent:           Norm Schiferl

 

Also Present:    Patrick Boylan, City Planner , Kevin Locke,  Comm. Devel. Dir.

                        

·                    Minute Approval -  August 20, 2002, Add the condition  to the resolution recommending approval of PUD  for Brighton Village, asking developer to look at changes in             parking lot area  so vehicle conflict areas weren’t so close

            together. 

·                    Agenda Review – Add letter from Comm. Schiferl to Announcements and Updates.  Also will add discussion of letter on Special Use Permits.

·                    Council Action  -  Council Member Kim Moore-Sykes not present.  Mr. Boylan reported all items passed by Planning Comm. last month were approved by the Council.  A preliminary concept for the Brighton Village redevelopment project was approved by Council.  This item will possibly come before the Planning Commission again later this fall.

                                                                       

Public Hearing:  SP 02-008  Special Use Permit for new porch-Tom and Dee Polacek

Consideration of a Special Use Permit to construct a front porch addition onto a single family home at 2909 Seminary Drive NW.  The proposed addition consists of a new landing and front deck.  The site is zoned R-1, Single Family Residential and the proposed front porch sits within the 30 foot front yard setback requirement.  Section 4-040 (3) B states that in required front yards, the required setback may be reduced to twenty four feet subject to approval of a Special Use Permit. 

 

Motion by Baker, Second by O’Brien to CLOSE THE PUBLIC HEARING.

6 Ayes, 0 Nays, Motion carried. 

 

Motion by Baker, Second by  Zisla to WAIVE THE READING AND RECOMMEND APPROVAL OF SP 02-008.              6 Ayes, 0 Nays, Motion carried. 

 

Public Hearing:  SP 02-010   Special Use Permit for proposed attached garage larger

than 400 sq. ft. – Patrick Tuttle and Debra Perkins.

Consideration of a Special Use Permit to construct a garage larger than 400 sq. ft. on a single family lot at 712 8th Avenue NW.  The site is zoned R-1, Single Family Residential.   Applicant is seeking a Special use Permit for a proposed 20’ by 44’ detached garage (880sq. ft.)

 

Motion by Baker, Second by O’Keefe to CLOSE THE PUBLIC HEARING. 

6 Ayes, 0 Nays, Motion Carried. 

 

Motion by O’Keefe, Second by Schoph to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING APPROVAL OF SP 02–010.    6 Ayes, 0 Nays, Motion Carried. 

 

 Public Hearing:  SP 02-009 Special Use Permit for a proposed detached garage larger than 400 sq. ft. – James Hillyard.

Consideration of a Special use Permit to construct a garage larger than 400 sq. ft. on a single family lot at 1830 Long Lake Road.  The site is zoned R-1, Single Family Residential.  The garage proposed is a 22’ by 30 ‘ detached garage (660 sq. ft.).

 

Motion by Baker, Second by O’Brien to CLOSE THE PUBLIC HEARING. 

6 Ayes, 0 Nays,  Motion Carried. 

 

Motion by Baker, Second by Zisla to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING APPROVAL OF SP 02-009

 

6 Ayes, 0 Nays, Motion Carried. 

 

Public Hearing:  NC02-004, LP02-011  Nonconforming Use Permit & Site Plan

Phillip Johnson, Architect on behalf of Cement Masons, Plasterers and Shophands JATC, Local 633.

Consideration of a request to construct an addition onto the existing building.  The parking area does not have curb and gutter on the east side and encroaches into the front yard setback.  The Code identifies this as a Type 4 Nonconforming Use, which requires a public hearing. 

 

Mr. Boylan reviewed the plans and noted that the applicant proposes to reduce the nonconformities by removing the parking in this area and landscaping, but leave the area because of ponding and flooding concerns.  The proposal, including the site plan, and the elevations show a building design, consistent with the existing structure.  The Type 4 nonconformities would be reduced. 

 

No one from the audience chose to address the Commissioners on this issue.

 

Motion by Baker, Second by O’Brien to CLOSE THE PUBLIC HEARING. 

6 Ayes, 0 Nays, Motion Carried. 

 

Motion by Baker, Second by Schoph ,to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING APPROVAL OF THE NONCONFORMING USE PERMIT AND SITE PLAN NC-02-004 and LP02-011 SUBJECT TO THE FOLLOWING CONDITIONS:

 

1.                  Approval OF a permit by the Rice Creek Watershed District.

2.                  The final grading plan shall be subject to review and approval of the City Engineer.

3.                  The proposed trees near the street easement are replaced with one (1) 3” green ash and centered in the landscaped area to improve visual ability for egress. 

 

6 Ayes, 0 Nays, Motion Carried.

 

Public Hearing:   SP02-011 Special Use Permit for a radio antenna – Black & Veatch on behalf of USEPA.

Consideration of an application for a Special Use Permit to construct a radio communications antenna at 390 Old Highway 8 (Oak Grove Mobile Home Park). The

USEPA is continuing groundwater cleanup efforts as part of the MacGillis & Gibbs Superfund site.  As part of the cleanup, two additional extraction wells are needed.  The wells will communicate via radio technology and therefore an antenna is needed. 

 

The applicant is proposing to construct a 27 foot structure on top of the existing Oak Grove Mobile Home storm shelter.  The shelter is 18 feet high;  the highest point for the tower would be 45 feet.  The antenna exceeds Zoning Code requirements for height, a Special Use Permit is required. 

 

Mr. Boylan presented the request and information.  Gary Smith also addressed some questions.  Mr. Boylan reported that Harold Gunelius of 805 White Oak Court had called in opposition due to possible interference for cellular phones, TV and radio frequency.  It was relayed the applicant has 12 wells for several years and has not heard of any concerns regarding that.  There were several questions and answers between Commissioners, staff and applicant. 

 

 

Motion by O’Brien, Second by Baker to CLOSE THE PUBLIC HEARING.

6 Ayes, 0 Nays, Motion Carried.

 

Motion by O’Brien, Second by Zisla to RECOMMEND APPROVAL OF

SP02-011, subject to the following conditions:

 

1.         Licensed Professional Engineer’s certification that upon collapse or failure of the antenna, that there is no safety threat posed to the structural integrity of the storm shelter. 

2.         Issuance of a building permit. 

3.         Continued compliance with all applicable state and federal regulations. 

 

6 Ayes, 0 Nays, Motion Carried.

 

Public Hearing:  PRD02-002, LP02-009. FP02-002  Final Review of Planned Residential Development, Site Plan & Final Plat – Humphrey Engineering / Nedegaard Custom Homes.

Consideration of an application for a Planned Residential Development (PRD), Site

Plan and Final Plat.  The purpose is to construct a 17 unit townhome development and subdivide the property into townhome lots.  The subject property is located at 2700 Linden Drive NW, and is zoned R-3B, Multiple Family Residential.  Each townhome unit is intended to be owner-occupied and contain a two-stall garage. 

 

Mr. Boylan went over the past action and review process background information. 

There were several questions from Commissioners regarding elevation and the landscape plan.  Roger Humphrey of Humphrey Engineering spoke to these issues.  John Feges of Nedegaard Custom Homes, also spoke to the project. 

 

Gene Delaune  who lives on  Linden Drive, said he was in favor of the project but voiced several concerns, as did other neighbors, regarding the drainage and runoff issues

of the project.  Kathy Bondy of 1086- 27th Ave. NW also asked questions regarding the water, setback and the landscaping. 

 

There was considerable discussion regarding the submitted plans and Commissioners not feeling they were complete enough to move this item forward.  Developers and City Staff fielded questions and concerns. 

 

Motion by Baker, Second by O’Keefe, to CONTINUE THE PUBLIC HEARING NEXT MONTH subject to updated landscape plans, complete building elevations, and to obtain clarification on the drainage issue.

 

6 Ayes, 0 Nays, Motion Carried.

 

Commissioners also requested two additional conditions be added to any resolution:

7)                  That the street be posted as a fire lane – no parking.

8)                  That the developments not have an adverse affect upon the ponds in the development north of Linden Drive. 

The Planning Commission Chair requested the need for complete prints to review plans in the future. 

 

It was suggested by an audience member that Les Proper be part of the next presentation on this, due to his familiarity with the drainage issues. 

 

General Business:  None

 

Announcements and Updates:

 

Letter from Planning Commissioner, Norm Schiferl,  regarding Addressing Issues From the Public Not Directly Related to Land Use Issues, will be part of next month’s meeting, due to Mr. Schiferl not being present tonight. 

 

Adjournment:   9:14 p.m.

 

 

 


Patrick Boylan, Intermediate City Planner