100212 planning commissionCITY OF NEW HOPE
4401 XYLON AVENUE NORTH
NEW HOPE, HENNEPIN COUNTY, MINNESOTA 55428
PLANNING COMMISSION MINUTES October 2, 2012
City Hall, 7:05 p.m.
CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to
due call and notice thereof; Chair Houle called the meeting to order at
7:05 p.m.
ROLL CALL Present: Jim Brinkman, Jeff Houle, Roger Landy, Christopher
McKenzie, Tom Schmidt, Steve Svendsen
Absent: Paul Anderson, Sandra Hunten, Ranjan Nirgude, Sunday
Onadipe
Also Present: Curtis Jacobsen, Director of Community Development,
Steve Sondrall, City Attorney, Pamela Sylvester, Recording
Secretary
CONSENT BUSINESS There was no Consent Business on the agenda.
PUBLIC HEARING
Planning Case 12 -09 Chair Houle introduced Item 4.1, request for a variance to the lot area
Item 4.1 requirement and lot split, 3957 Winnetka Avenue North, Matt Houston,
petitioner.
Mr. Curtis Jacobsen explained that a variance was a way for a city to
allow an exception to the zoning ordinance. He reported that the
applicant was planning to purchase a home on an oversized single family
lot and split the lot into two parcels that would require a variance to the
lot area requirement. The parcel is located at the southwest quadrant of
Winnetka and 40th avenues. It is surrounded by residential uses on the
north, west and south sides and industrial to the east across Winnetka
Avenue. The parcel is in Planning District 12, which is guided for
residential uses.
Mr. Jacobsen explained that another applicant proposed basically the
same type of request in 2008, which was approved, but was never
finalized or recorded by the applicant. The 2008 variance was approved
due to the fact that it would create two functional and acceptable lots
while achieving the goals and policies of the Comprehensive Plan.
Per city code, a minor subdivision is exempt from procedural
requirements when it is a simple division of a single lot into two parcels;
neither lot would be in violation of the zoning or subdivision code; and
the original lot had not been subdivided within the past five years.
The proposed new lots would meet all required setbacks. The variance
request is only for the 9,500 square foot lot area requirement. The new
Parcel A would contain 6,960 square feet and the new Parcel B would
contain 8,980 square feet.
Mr. Jacobsen explained that the existing home would be demolished. A
pre - demolition survey identified hazardous materials in the building,
which would be removed prior to demolition. The applicant discussed
relocation of the lines with Xcel Energy and determined the service to the
proposed two new lots would be underground rather than relocating the
pole. A new sewer and water service to the west lot was proposed and
reuse of the existing service for the east lot if it is serviceable. The
applicant would be responsible for costs associated with utility
installation, as well as one Metropolitan Council sewer availability charge
(SAC).
An existing chain link fence would be removed and replaced with a six -
foot privacy fence with plantings at the base of the fence along Winnetka
Avenue. The applicant should furnish information on the type and size of
the plantings. The new lots would be accessed from 40th Avenue and the
existing curb cut on Winnetka would be removed. Curb cuts would be
installed per city code requirements and spaced 40 feet apart and the curb
cut for the east lot would be 40 feet from the intersection. The applicant
would also be responsible for one park dedication fee of $1,500. The
applicant is proposing a split entry house on each lot, consistent with
existing single family homes in the neighborhood, with over 1,000 square
feet of finished living space and each home would have a three -car
garage.
Practical difficulties are the new standard to which a variance application
must be reviewed and include: 1) use of the property in a reasonable
manner not permitted by the zoning code; 2) circumstance is unique to
the property and not created by property owner; 3) variance would not
alter the character of the locality or permit a use not allowed in the zoning
district; and 4) variance would not impair an adequate supply of light and
air to adjacent properties or increase congestion or endanger public
safety. Practical difficulties may include: a physical condition unique to
the property, inadequate access to direct sunlight for solar energy
systems, or economic conditions.
Mr. Jacobsen stated that this specific variance application was unique in
that it represented an opportunity for the redevelopment of a blighted
property in an otherwise stable neighborhood. The request did not strictly
comply with the variance criteria, but was a mechanism to facilitate
redevelopment. Goal #3 of the Comprehensive Plan called for
aggressively improving substandard or blighted properties by
encouraging private redevelopment. Goal #4 stresses implementing
cohesive land use patterns to ensure compatibility by maintaining and
strengthening neighborhoods and promoting proper infill development
on under - utilized parcels. Residential Goal #2 encourages maintaining
and enhancing the strong character of single family neighborhoods by
examining regulations to provide greater flexibility.
Mr. Jacobsen reported that the lot split would create two single family lots
Planning Commission Meeting 2 October 2, 2012
and eliminate blight. The introduction of two single family homes would
not alter the character of the area or impair access to light and air. The
Comprehensive Plan supports private investment.
Property owners within 350 feet were notified by mail and a legal notice
was placed in the SunPost, the official newspaper of the city. One area
neighbor came to city hall to review the proposed lot split and was
supportive.
Mr. Jacobsen stated that staff recommended approval of the variance
subject to the conditions listed in the planning report.
Commissioner Schmidt mentioned that the same application was
considered and approved by the Planning Commission and City Council
in 2008 but never recorded by the applicant.
Chair Houle inquired if there was a minimum building size or value
discussed in 2008. He stressed that the new homes be in keeping with the
adjacent properties. Mr. Jacobsen added that the value would be
whatever the market would bear. The 1,000 square feet of finished space
would be in keeping with city code. The new homes would have an
unfinished lower level that could be finished by the buyer. Mr. Sondrall
added that there may be minimum square footage requirements in the
city code.
Mr. Matt Houston, 17575 73rd Avenue, Maple Grove, came forward to
address the Commission. He stated that the main floor square footage
would be 1,060 square feet which meets or exceeds the city's current
requirements. The unfinished basement would be approximately 800
square feet. Both homes would have an attached three -car garage. The
finished price point would be in the low $200s. Mr. Houston added the
building pads are approximately 60 by 45 feet.
Chair Houle inquired if the applicant was in agreement with staff's
recommendations. Mr. Houston stated the seller gave him the hazardous
materials report. He hoped that he could remove the siding himself as
long as precautions were taken with regard to asbestos. Commissioner
Svendsen stated that at the Design and Review Committee meeting the
building official indicated a building permit would be needed for the
demolition of the existing home. Mr. Jacobsen interjected that the
building code would dictate who could remove the hazardous materials
identified in the study.
Commissioner Brinkman requested a description of the proposed homes.
Mr. Houston stated the garages would be on the right side of the home to
create the separation from the intersection and the separation between
the driveways. The garages are attached with no living space above them.
The space between the houses would be 15 feet — five feet from the garage
side to the property line and 10 feet from the living space to the property
line.
Planning Commission Meeting 3 October 2, 2012
Commissioner Svendsen requested that a boulevard tree be provided for
each lot. He added that as discussed at the committee meeting, the
basements would be five courses for a split entry and that sump pumps
would be installed and drain per city code.
Chair Houle inquired if anyone in the audience wished to address the
Commission.
Mr. Bill Gabres, 9209 59th Avenue, came forward. He inquired of the
changes to the power lines and that the expense would be borne by the
applicant. He wondered whether there would be any expense to adjacent
neighbors. Mr. Jacobsen stated that due to not relocating the pole no
upgrades or expenses would be necessary for adjacent properties.
Mr. Dan Jurek, 7900 40th Avenue, came forward. He stated he was
excited about the potential redevelopment in 2008. The developer had
drawings of what the property would look like. He stated he was
concerned with this request that no drawings have been provided of the
new homes. One thousand square feet was not a very big living area and
he stated he did not want living space sacrificed for a three -car garage.
Three -car garages were not normal in this neighborhood. Mr. Jurek also
inquired why there was such a large variation in the size of the two new
lots. Mr. Jacobsen responded that the variation was due to the larger 25-
foot setback required from Winnetka Avenue. Mr. Jurek wondered how
the construction would affect the existing trees on the site.
Mr. Houston stated that three large trees would be removed including
one in the boulevard which was currently causing a problem with the
water service to the site. There are three or four medium -sized trees along
Winnetka that he thought would remain.
Mr. Houston showed a photo of the proposed home that would have
vinyl siding and a stone veneer on the garage. The home for the second
lot would have a roof variation. Discussion ensued on the need for three
stalls for the garage and Mr. Houston indicated that is what buyers are
requesting.
Commissioner Brinkman raised the issue of the distance from the front of
the garage to the front door and the response was eight feet to the front
door in the foyer.
Mr. Jacobsen stated that the design of the house was not controlled by the
zoning ordinance. The variance request was for the lot area.
There was no one else in the audience wishing to speak at the public
hearing.
Motion by Commissioner Landy, seconded by Commissioner Svendsen
to close the public hearing. All voted in favor. Motion carried.
Planning Commission Meeting 4 October 2, 2012
Motion Motion by Commissioner Svendsen, seconded by Commissioner Landy,
Item 4.1 to approve Planning Case 12 -09, request for a variance to the lot area
requirement and lot split, 3957 Winnetka Avenue North, Matt Houston,
petitioner, subject to the following conditions:
1. House design and site plan are in compliance with R -1 setbacks.
2. Curb cut on Winnetka Avenue is removed.
3. Developer is responsible for costs of utility installation to both lots.
4. All hazardous materials shall be removed per the pre - demolition
survey.
5. Power services shall be placed underground.
6. Applicant shall submit plans and detail for the fence and plantings
along Winnetka Avenue to include location, number and species.
7. Applicant responsible for one sewer availability charge (SAC).
8. Applicant subject to one park dedication fee of $1,500.
9. Applicant to plant one boulevard tree per lot per code.
10. Applicant to install sump pumps per code.
Voting in favor: Brinkman, Houle, Landy, McKenzie, Schmidt, Svendsen
Voting against: None
Absent: Anderson, Hunten, Nirgude, Onadipe
Motion approved.
Chair Houle stated that this request would be considered by the City
Council at its meeting on October 22 and asked the applicant to be in
attendance.
Planning Case 12 -10 Chair Houle introduced Item 4.2, request for a conditional use permit to
Item 4.2 allow an adult daycare facility in an existing building in an R -O
residential office zoning district, 9220 Bass Lake Road, Tharp Family
Partnership, petitioner.
Mr. Curtis Jacobsen reported the request was for a conditional use permit
(CUP) for an adult daycare use in an R -O residential office zoning district.
A CUP is a land use designation in the zoning ordinance that is
specifically permitted as long as it meets certain standards.
The property is located in a residential office district at the northwest
quadrant of Bass Lake Road and Gettysburg Avenue. There are residential
properties to the north and east with industrial to the south across Bass
Lake Road. Planning District 1 guides this site for commercial land uses.
The use would be located in the southeast corner of the building.
The applicant is requesting a CUP for a proposed adult daycare facility.
The Millennium Center for Performing Arts desires to relocate from
Plymouth to New Hope and is proposing to utilize a 4,000 square foot
space in the building at 9220 Bass Lake Road. The daycare would have 25
clients aged 60 to 90 initially with future growth to 50. There would be
seven staff on an average day. Clients would be bused to the site in two
Planning Commission Meeting 5 October 2, 2012
company -owned vans.
Mr. Jacobsen explained that adult daycare facilities serving 13 or more
people are allowed by conditional use permit in the R -O district subject to
specific requirements. The use must have adequate off - street parking and
the drop -off area must not interfere with internal site circulation. The
applicant indicated there would initially be 25 adults at the site daily from
9 a.m. to 3:30 p.m. The majority of the clients would be shuttled to the site
in small buses. The daycare would not have a substantial effect on off -
street parking demands. Parking would be needed for seven staff and two
buses. All programs are limited to enrolled clients.
The applicant indicated the daycare would host clients at off -peak hours
and the drop off location is within 20 feet of their accessible entrance.
Food delivery would be made at an entrance on the east side of the
building. An outdoor recreation area is a code requirement for a daycare
facility. This requirement may be reduced for adult daycare if warranted
due to client mobility. Also, there may be no need for outdoor
recreational space if adequate indoor space is provided. The state requires
40 square feet per client and the city requires 75 square feet. Detailed
plans must be submitted to clearly show recreational areas. Based on
preliminary plans, staff felt there would be adequate indoor space for up
to 50 clients.
The building and adult daycare's space would be required to meet all
building and fire code requirements. A code analysis was submitted that
showed the building met the requirements for plumbing fixtures.
Building and sign permits would be required.
Property owners within 350 feet were notified by mail and a public
hearing notice was published in the SunPost, the city's official newspaper.
A few calls were received by staff with questions and at least one party
came to city hall to review plans.
In summary, Mr. Jacobsen stated that Tharp Family Partnership, in
conjunction with the Millennium Center for Performing Arts, were
seeking a conditional use permit to allow an adult daycare to locate in
approximately 4,000 square feet at the southeast corner of the building.
He stated staff recommended approval of the CUP for an enrollment not
to exceed 50 clients subject to the following conditions:
1. Submit revised site plan that shows client drop off and pick up area,
food delivery area, and onsite storage of passenger vans.
2. Applicant to submit a detailed floor plan that demonstrates adequate
recreational space.
3. Applicant to provide details on disability accessibility for client drop
off area, curb ramps, and access /egress.
4. Building plans to be approved by building official.
5. Submit copies of all state or county licenses or approvals.
Planning Commission Meeting 6 October 2, 2012
Chair Houle clarified the daycare would utilize the office space at the
southeast corner of the building. Mr. Jacobsen stated the original floor
plan the applicant submitted would need to be revised and the rooms
relabeled as to the activity that would take place in each room. There is
one access point at the southeast corner of the building that goes directly
to the outside. The second access would be through one of the rooms into
a hallway just to the north of this space which leads to the outside. The
room used to access the hall would need to be labeled as a hall and not
used as a client room. Mr. Jacobsen added that per staff's calculations
there would be adequate recreation space for up to 100 clients under the
state's requirements.
Mr. Shawn Tharp, 20420 Duffney Circle, Corcoran, came forward to
answer questions of the Commission. Mr. Tharp indicated that on the
floor plan in the planning packet only one or two of the rooms labeled
office would be used for offices and all the rest would be activity rooms.
Per the state's requirements, only 2,000 square feet would be required for
activities for up to 50 clients. He added that there are grassy areas outside
that could be used for activities. The common hallway would be utilized
for a second exit and the restrooms. He explained that a door would be
installed near the kitchen leading to the hallway. In answer to a question
regarding the floor area, Mr. Tharp responded that the exact space is
3,740 square feet with a common area factor of 1.1 for a total of 4,040
square feet.
Chair Houle wondered if the state's requirement of 40 square feet
recreational area was for indoor, outdoor or both. Mr. Jacobsen stated
that it was the city's understanding that was for indoor space. Chair
Houle questioned if outdoor space was planned and the answer was no,
unless the city required them to provide outdoor space. There is a grassy
area to the east of the building with picnic tables that could be utilized, if
needed, or some space to the north of the building.
Ms. Snezhana Bessonov and Ms. Ella Selyukov of the Millennium Center
for Performing Arts came forward to answer questions of the
Commission.
Commissioner Landy questioned where the clients were bused from and
for clarification about the programs offered. Ms. Bessonov stated the
clients would be picked up from their homes, mostly from the west metro
area, and brought to the site in the buses. The programs focused on
music, arts, and drama. Hennepin County has approved their request for
a commercial kitchen so food could be prepared on the site for breakfast
and lunch.
Commissioner Schmidt questioned the reason they were moving from the
Plymouth location. Ms. Bessonov stated they needed a larger space and
wanted a commercial kitchen. They have the meals catered in Plymouth.
She stated they also have a location in Eagan.
Planning Commission Meeting 7 October 2, 2012
Commissioner Brinkman clarified the Center would only be open
Monday through Friday. Ms. Bessonov stated that Wednesday is their
administrative day with office hours only.
In answer to a question, Mr. Tharp indicated that deliveries would arrive
via the east entrance. The clients would utilize the south entrance into the
space closest to the parking lot. The main entrance to the building would
be used by the rest of the tenants. Brinkman initiated discussion
regarding the steps into the building and ADA accessibility. Mr. Tharp
explained where the clients would be dropped off and that the sidewalk
was fairly level from that spot into the building. A few of the clients arrive
by other transportation companies. One or two clients own a car but
generally do not drive to the site.
Chair Houle inquired of problems or issues in the neighborhoods at the
other locations. Ms. Bessonov stated there have been no issues or noise
problems with clients at the other locations. The clients are quiet. If
clients are outdoors for walks, they go in pairs for safety reasons. None of
their clients have been diagnosed with Alzheimer's or dementia. One
client uses a wheelchair and others use a cane.
Commissioner Svendsen clarified that clients would occasionally be
coming and going during the day for programs off site.
Chair Houle asked if anyone in the audience wished to address the
Commission.
Mr. Taryn Buehring, 5808 Gettysburg Circle, stated he has lived in the
area for 22 years. He stated the program was great and he supported the
program, however, he did not believe this was the right building for this
operation. He stated the Tharp family has, for the most part, been good
tenants, but felt that some items from when they purchased the building
have not been taken care of properly. The property is zoned as
residential- office and it is nearly a 24/7 operation with semis and UPS
trucks. This use would bring bus traffic, additional employee traffic, and
food deliveries to the site. There may be food odors in the neighborhood
from cooking on site. There may also be field trips in and out during the
day by bus with the clients. He stated he was concerned with the safety of
the children in the neighborhood with all the additional traffic. He stated
he thought information provided by the applicant seemed vague with
approximate numbers. He asked for clarification on the outdoor
recreation activities. Mr. Buehring mentioned that race cars are stored in
the lower level and are fired up on the weekends. This is a residential
neighborhood and the residents want it to be quiet on the weekends. He
added that the yard has many dandelions which get mowed down, but
grow right back and blow into his yard.
Mr. Bill Gabres, 9209 59th Avenue, came forward. He stated the city
should to be sure it had all the correct information about the use so that
what is approved is exactly what would be happening with the operation.
Planning Commission Meeting 8 October 2, 2012
He wanted to be sure that any outdoor activities would not take place on
the north side of the building, which is directly behind his home. He
mentioned he has an open -ended fence along his back yard and stated he
did not want people wandering along the property line. If the request
would be approved, he suggested the building owner install a fence along
the entire length of the north property line.
Mr. and Mrs. Jim Rieder, 9301 59th Avenue, came forward. Mrs. Rieder
questioned whether or not the west parking lot would be a safety concern
for seniors with the gas vehicles stored under the building. Chair Houle
responded that the building code would address venting the exhaust and
the building owner would have had to comply with all requirements.
Commissioner Landy added that they would have to comply with the
city's noise ordinance. She added that Tharp's have three rental
properties in the neighborhood that are not kept up very well. Mr. Rieder
stated that Tharp's installed a fence along approximately the western
third of the north property line, but do not maintain the side facing his
yard. He stressed the residents along 59th Avenue just want Tharp's to be
good neighbors and maintain their property.
Mr. Jason Lesser, 9233 59th Avenue, wondered about pollution control
with food preparation on site. Chair Houle indicated that the building
code regulates commercial kitchens and proper ventilation, although the
code may not address odors specifically. Mr. Lesser added he was also
concerned with the outdoor recreation and traffic.
Mr. Steve Lovcik, 9225 59th Avenue, wanted to know where the outdoor
recreation would take place. He had the same maintenance concerns with
the north side of the building as previously noted. The back door on the
north side of the building is directly across from his property and, in the
past, workers have been outside the door making noise, smoking,
drinking and leaving beer bottles in the yard.
Ms. Trish Toro Gabres, 9209 59th Avenue, stated she was concerned with
additional traffic. She wanted to know about the music program and
whether or not there would be any concerts outside. She stressed that the
property was not kept up and there had been a brush pile on the
northeast portion of the site for the past couple months. The property
owner doesn't seem to put a lot of effort in maintaining this property.
Mr. Buehring questioned how many clients are at the Plymouth location.
Ms. Bessonov stated that there are 45 clients at Plymouth, but not all of
them come on the same days. Typically, there are 18 to 25 clients per day.
The Plymouth location utilizes a nearby park for the outdoor recreation,
usually for a picnic. Some of the clients may wish to use the picnic tables
outside the New Hope building. They would not have any specific
outdoor activities. Mr. Buehring pointed out that there used to be a chain -
link fence along Bass Lake Road and was concerned for the safety of the
clients that may wander away. He stressed that the daycare's narrative
seemed to be somewhat vague in exactly what they were going to do and
Planning Commission Meeting 9 October 2, 2012
how many clients they would be serving. Commissioner Svendsen stated
that this was a licensed facility with the state and they would have to
comply with all of the state's regulations.
There was no one else in the audience wishing to speak at the public
hearing.
Motion by Commissioner Landy, seconded by Commissioner Svendsen
to close the public hearing. All voted in favor. Motion carried.
After hearing all of the troubles the neighbors reported regarding the
building maintenance and noise issues, Commissioner Landy scolded the
landlord for not being a better neighbor and suggested Mr. Tharp meet
with the neighbors to come to an agreement on how these issues should
be remedied. He suggested tabling action on the planning case until next
month.
Mr. Tharp reported that due to his father's age and health issues, most of
the race cars and trailers have been sold. There may have been noise
issues in the past, but his father and brother have not raced in the last
couple years. He stated they have not kept up with watering the grass this
year due the cost to change the plumbing system to separate the
inside /outside water meters per city requirements. He mentioned that he
had not heard about one of the tenants in the building partying on the
north side of the building, but was certain that the party in question was
no longer a tenant in the building. With regard to the rental properties he
owns on 59th Avenue, the tenants are supposed to do the mowing and
keep up with the yard work. He added that when he is informed of a
problem with the properties, he has tried to remedy the situation, but
does not check on the homes every week.
Chair Houle stated there seemed to be a disconnect between the
neighborhood and the building owners and what was happening there.
Chair Houle suggested Mr. Tharp meet with the neighbors for a dialogue
to discuss the issues. He added that as a property owner Mr. Tharp has
rights also and the neighbors need to understand that as well.
Mr. Tharp stated that he has not had any complaints from the city
regarding his building. From time to time he does have complaints about
the rental properties and the mowing or bagging of the leaves. He stated
he has gone and taken care of that himself. He questioned if the problem
was more about the rental properties or the commercial building. He
asked that the planning case not be tabled for a month.
Commissioner Schmidt inquired whether or not the neighbors and Mr.
Tharp talk now and was told no. He stated that several years ago New
Hope Bowl came to request approval for the volleyball courts and the
neighbors were objecting due to other issues at the site, but never brought
them to the owner. Once the two parties talked, there have not been any
more complaints.
Planning Commission Meeting 10 October 2, 2012
Mr. Tharp stated that to be neighborly his father used to plow the
neighbor's driveways when he did their lot, but was asked not to do so by
the neighbors. At a large expense to them, they installed a fence and
plantings on the north side of the property to help mitigate lights from
the building.
Commissioner Brinkman agreed that Mr. Tharp and the neighbors need
to meet. The neighbors are not objecting to the daycare, but rather to his
company and maintenance issues. Brinkman added that the daycare
request did not seem to be a problem with clients at the building only
from 9 a.m. to 3:30 p.m. It looked like all of the recreation activities would
be inside. He suggested the two parties meet and then come back to the
Planning Commission. Mr. Tharp stated the daycare needed to move out
of their current space and hoped this could all be resolved without
tabling the request for another month. He agreed to meet with the
neighbors before the October 22 Council meeting.
Commissioner Svendsen stated he felt the Commission should proceed
with their recommendations. The neighborhood had vocalized their
opposition to the management of the property, which was not part of the
CUP application with the exception of the outside recreation area. The
Tharp family should meet with the neighbors and work out the issues.
Chair Houle asked the city attorney whether the city could ignore the
portion of the code requiring a specific amount of outdoor recreation area
for a daycare. Mr. Sondrall replied that the outdoor recreation
requirement could be waived due to mobility issues and the age of the
clinets. The applicant indicated that the outdoor recreation area would
not be necessary for this specific use. The ordinance is written for child
daycare as well as adult daycare and for child daycare the outdoor
recreational area would be more important. The Planning Commission
could accept a request for waiver of the outdoor area. The neighbors are
indicating they would prefer the clients are not outdoors. Mr. Tharp
requested a waiver of the outdoor recreational area requirement for
organized activities and Chair Houle accepted this request. Clients would
be allowed to utilize the picnic area outside. Mr. Jacobsen interjected that
the representatives of the daycare indicated they do not do any organized
recreational activities outside.
After some discussion on how to proceed, Mr. Sondrall stated that the
Commission had a requirement to vote on the CUP if the conditions have
been met. If the applicant for the CUP has met the conditions, the
Commission, by law, was required to approve the CUP. If the plans were
inadequate or the Commission was unsure of the floor plan or something
about the kitchen, or another issue with regard to the CUP, for example,
then postponing action would be appropriate. It would be inappropriate
to postpone action due to neighborhood complaints. Commissioner
Svendsen pointed out that a CUP is reviewed yearly by city inspectors.
He stressed to the neighbors that if there was a problem with the building
Planning Commission Meeting 11 October 2, 2012
to contact city staff.
Motion Motion by Commissioner Svendsen, seconded by Commissioner
Item 4.2 Schmidt, to postpone Planning Case 12 -10, request for a conditional use
permit to allow an adult daycare facility in an existing building in an R-
O Residential- Office zoning district, 9220 Bass Lake Road, Tharp
Family Partnership, petitioner, to November 7, 2012, to allow the
applicant to submit a complete layout of the floor plan with all spaces
labeled and where, or if, outdoor recreation would take place.
Voting in favor: Brinkman, Houle, Landy, McKenzie, Schmidt
Voting against: Svendsen
Absent: Anderson, Hunten, Nirgude, Onadipe
Motion approved.
Chair Houle stated that the planning case was tabled until November 7,
2012. Please provide more definitive plans for the utilization of the space.
Mr. Sondrall stated that the City Council would need to extend the 60 -day
time period as the initial 60 days would expire on November 6, 2012.
COMMITTEE
REPORTS
Design and Review Commissioner Svendsen stated the Design and Review Committee met
Committee with the petitioners in September.
Item 5.1
Mr. Jacobsen stated that one pre - application meeting was scheduled for
Friday and staff would notify committee members of a meeting.
Codes and Standards Mr. Jacobsen stated that a committee meeting will not be scheduled for
Committee possibly a couple more months.
Item 5.2
NEW BUSINESS There was no new business.
OLD BUSINESS
Approval of Minutes Motion by Commissioner Brinkman, seconded by Commissioner
Item 7.1 Svendsen, to approve the Planning Commission minutes of September
4, 2012. All voted in favor. Motion carried.
ANNOUNCEMENTS Commissioner Svendsen stated he attended the Ron Clark /Compass
Pointe presentation and stated that a lot of residents of the neighborhood
attended and had many concerns with regard to the size of the building,
potential tenants and traffic.
Mr. Jacobsen reminded the commissioners of the Volunteer Appreciation
Dinner on October 3 at the golf course.
ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 9:02
p.m.
Planning Commission Meeting 12 October 2, 2012
Respectfully submitted,
Pamela Sylvester, Recording Secretary
Planning Commission Meeting 13 October 2, 2012