101512 PlanningTo: Planning Commission
Cc: Steve Sondrall, City Attorney
Al Brixius, Planning Consultant
From: Curtis Jacobsen, Director of CD
Date: October 15, 2012
Subject: PC12 -10, 9220 Bass Lake Road — Adult Daycare
On October 3, one day after the Planning Commission meeting, three Planning Commission members
requested in writing that the Planning Commission Chair call a special meeting to continue the
discussion on PC12- 10. October 15 at 5:30 p.m. was selected for the special meeting. All neighboring
property owners who had previously been notified of the first meeting were sent a notice of the special
meeting; additionally the special meeting was published in the legal notice section of the SunPost.
The applicant had been asked to provide a more definitive floor plan on how the space would be used. A
revised floor plan has been submitted and the generic terms of 'office' have been replaced with more
descriptive titles for the use of each room. See attached drawing, 75% of the usable space will be
programmed for and used for adult daycare activities.
The operator of the facility has assured staff that they do not conduct organized activities outdoors. All
program activities are conducted indoors or are part of organized field trips to off -site locations.
A second drawing is attached shoeing; client drop off area, food delivery area and on site van storage.
This drawing fulfills the requirements of condition number 1 in the planning report. The detailed floor
plan fulfills the requirements of condition number 2. Photos provided fulfill the requirements of
condition number 3, see attached.
Recommendation
Staff recommends the Planning Commission consider the relevant facts as they relate to this conditional
use permit application and the city's zoning code. After review of all facts presented and weighed
against zoning code requirements, staff believes the commission must recommend approval of the CUP
to the City Council.
Staff recommends the following conditions:
1. The accessible curb access point to be identified by a fresh coat of yellow paint on the curb.
2. The site is approved for up to, but not to exceed, 50 participants per the applicants submitted
plans.
3. That the no organized outdoor activities be permitted.
4. Building plans be submitted for interior improvements in compliance with building and fire code
requirements.
5. That the operator assures that at all times the city has copies of all current state licenses for the
facility.
6. Copies of Hennepin County Environmental Health approval of the kitchen shall be provided to
the city.
Attachments
Detailed floor plan
Site plan for delivery, van parking and drop off
Photo descriptions and site photos
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1. Access point curb cut (should have fresh coat of yellow paint)
PC12 -10, adult daycare, 9220 Bass Lake Road
2. Another access point curb cut
3. Main access door to daycare
4. Parking area for deliveries
5. Vehicle parked behind drop off zone
6. Spacing between drop off zone and vehicle parking (22 feet available for vehicle
passage)
Additional info: On Wednesday, there were over 50 empty parking spaces in just the
east side parking lots.
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Sylvester Pam
From: Shawn Tharp [mnshawn @yahoo.com]
Sent: Tuesday, October 09, 2012 2:23 PM
To: Sylvester Pam
Subject: MCPA
I talked again to the staff at The Millenium Center for Performing Arts to confirm their "Outdoor Activities ".
They are not requesting any "Outdoor Activities" at our Building. From time to time they will goto a park.
When they goto the Park they will shuttle their customers to the park. They do not want to be restricted if one
of their customers want to go an& sit on the buildings picnic tables from time to time.
Please let me know if you have any further questions.
Shawn Tharp
CITY 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
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.
Planning Commission Meeting 2 October 2, 2012
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.
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.
Planning Commission Meeting 3 October 2, 2012
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.
Motion Motion by Commissioner Svendsen, seconded by Commissioner Landy, to
Item 4.1 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).
Planning Commission Meeting 4 October 2, 2012
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 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
Planning Commission Meeting 5 October 2, 2012
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.
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 staffs 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.
Planning Commission Meeting 6 October 2, 2012
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.
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
Planning Commission Meeting 7 October 2, 2012
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 LIPS 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. 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
Planning Commission Meeting 8 October 2, 2012
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 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
Planning Commission Meeting 9 October 2, 2012
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.
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
Planning Commission Meeting 10 October 2, 2012
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. SondralI 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 to contact city
staff.
Motion Motion by Commissioner Svendsen, seconded by Commissioner Schmidt, to
Item 4.2 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.
COMMITTEE
REPORTS
Design and Review
Committee
Item 5.1
Codes and Standards
Committee
Item 5.2
NEW BUSINESS
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.
Commissioner Svendsen stated the Design and Review Committee met with
the petitioners in September.
Mr. Jacobsen stated that one pre - application meeting was scheduled for
Friday and staff would notify committee members of a meeting.
Mr. Jacobsen stated that a committee meeting will not be scheduled for
possibly a couple more months.
There was no new business.
OLD BUSINESS
Approval of Minutes Motion by Commissioner Brinkman, seconded by Commissioner Svendsen,
Planning Commission Meeting 11 October 2, 2012
Item 7.1 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.
Respectfully submitted,
Pamela Sylvester, Recording Secretary
Planning Commission Meeting 12 October 2, 2012