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HomeMy WebLinkAbout11/01/2004 MAPLEWOOD PLANNING COMMISSION Monday, November 1, 2004, 7:00 PM City Hall Council Chambers 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. October 18, 2004 5. Public Hearings 7:00 Conditional Use Permit Phoenix Group Home (1936 Craig Place) 7:15 Lot Width Variance and Lot Division (2323 Case Avenue) 8:00 Conditional Use Permit Revision. University Auto (1145 Highway 36) 6. New Business None 7. Unfinished Business None 8. Visitor Presentations 9. Commission Presentations October 25 Council Meeting: Mr. Pearson November 8 Council Meeting: Mr. Trippler November 22 Council Meeting: Mr. Desai 10. Staff Presentations 11. Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA MONDAY, NOVEMBER 1, 2004 I. CALL TO ORDER Acting Chairperson Desai called the meeting to order at 7:01 p.m. II. ROLL CALL Chairperson Lorraine Fischer Commissioner Eric Ahlness Commissioner Jeff Bartol Vice-Chairperson Tushar Desai Commissioner Mary Dierich Commissioner Michael Grover Commissioner Daniel Lee Commissioner Gary Pearson Commissioner Dale Trippler Staff Present: Absent Present Present Present Absent Present Absent Present at 7:11 p.m. Present Ken Roberts, Planner Staff Absent: Lisa Kroll, Recording Secretary III. APPROVAL OF AGENDA Commissioner Ahlness moved to approve the agenda. Commissioner Bartol seconded. The motion passed. IV. APPROVAL OF MINUTES Ayes - Ahlness, Bartol, Desai, Grover, Trippler Approval of the planning commission minutes for October 18, 2004. Mr. Roberts had given the commissioners a revised version of minutes that have a longer discussion of the Gladstone redevelopment area. Commissioner Trippler said at the bottom of page 9 it states the motion has failed due to a tie vote and therefore is denied. It should say after the word therefore it is recommended to be denied. Staff agreed the wording should reflect that. Commissioner Trippler moved to approve the planning commission minutes for October 18, 2004, as amended. Planning Commission -2- Minutes of 11-01-04 Commissioner Grover seconded. Ayes - Bartol, Desai, Grover, Trippler Abstention - Ahlness Mr. Ahlness said he had submitted information to staff prior to the last meeting and forthe record he would like his comments added regarding the public hearing for the home occupation license for David Grupa's photography business at 1994 Duluth Street. He strongly disagreed with placing the home occupation business in a residential neighborhood. Over 56% of the existing neighbors disagreed with the proposed home occupation out of Mr. Grupa's garage. Although he was not present at the meeting, he would have voted nay along with some of the other commissioners. He would like Commissioner Trippler to forward his comments at the upcoming city council meeting. Mr. Ahlness would pass a copy of his comments to Mr. Trippler for his representation at the city council meeting. He said he forwarded his comments onto staff but they were not included in the minutes. Staff said they would try to find the comments sent into staff and pass the information along. V. PUBLIC HEARING a. Conditional Use Permit - Phoenix Group Home (1936 Craig Place) Mr. Roberts said Mr. Craig Ost, representing Phoenix Group Homes, is requesting that the city approve a conditional use permit (CUP) for the property at 1936 Craig Place. This request is to allow Phoenix Group Homes to have up to eight residents live in their residential facility (group home) on this property. State law allows Phoenix to have up to six residents living in the group home without city approval. To have more than six residents in the home, the city must approve a CUP for the property. Commissioner Trippler said on page 2 of the staff report staff in the summary it states seven of the 12 neighbors that responded were against the expansion but on page 3 and 4 of the staff report it states of the 16 replies there were 3 for the proposal and eight against and five with no comments. In addition to that he doesn't understand how anyone could interpret the letter on page 16 of the staff report to be anything but a letter of objection. Mr. Tyler Messerole writes based on the information provided in your mailing I don't think it would be a logical decision to increase the number of kids at the group home. Later on in the letter it states I hope you view the situation as I do, let's leave well enough alone. Crowding two more young kids with dependency problems into the home will not be a benefit for the kids. To Commissioner Trippler that letter is in opposition and not just "a concern". He knows it's difficult to decide when the letter doesn't come out and say I am opposed. Mr. Roberts said it should have read 16 responses in the summary and not 12. As far as interpreting the letter, he understands what Commissioner Trippler is saying and agrees the letter voices more of an objection rather than just a letter of concern. Commissioner Trippler said on page 2 of the staff report Butch Gervais, Fire Marshall stated if it 's approved, the operators need to ensure that there are proper emergency exits and they must have state or city approval. Commissioner Trippler asked if staff could make it mandatory that the exits have to be in place before two more young adults can live in the Phoenix Group Home. Planning Commission Minutes of 11-01-04 -3- Mr. Roberts said yes. Commissioner Ahlness said he agrees with Commissioner Trippler's concern regarding the exits in the home. As you look at the resolution on page 19 of the staff report he wondered what staffs comments were regarding statement number 3. the use would not depreciate property values? Mr. Roberts said it was a subjective opinion of his based on the fact that there has been a group operating from this location since 1994 and staff wasn't aware of any major issues there. He wasn't sure at this point that adding two more residents would change the mind of someone looking to buy a house in this neighborhood. Mr. Roberts said the legal obligation is to disclose the fact that there is a group home in the neighborhood but he wasn't sure if you needed to disclose how many residents are living in the home. Acting Chairperson Desai said he read in the staff report there are 6 young adults with 1 caretaker to care for the 6 young adults. Adding 2 more young adults' means there would be 9 people living in the home. Mr. Roberts said that is correct, however, the one staff member doesn't live in the house 24- hours-a day, seven-days-a week. Acting Chairperson Desai said in order to monitor security there should be a room for the caretaker to stay. Mr. Roberts said his understanding was there is a room there. He hasn't been inside the house but that would be a good question for the applicant. Commissioner Bartol needed clarification regarding the letter from Mr. Ost in the top paragraph it states there is always at least one staff on duty and residents are under supervision at home and in the immediate neighborhood. The house is equipped with an alarm system that is located in a staff bedroom and goes off when any door or window is opened; the alarm system is always armed and monitored by staff from lights out until wake up. This contradicts the fact that a staff member is not spending the night in this group home. Mr. Roberts said what he was trying to relay was that it was not necessarily the same person that is at the home 24-hours-a day seven-days-a week. He believes there is staff that comes and goes in shifts. Acting Chairperson Desai said staffs recommendation is to have no parking signs and he asked iflhere was any follow up to see iflhere were problems for the residents if no parking signs went up? Mr. Roberts said staff hasn't polled the residents regarding the no parking signs and he would like to think this would not create a major concern but the neighbors that are present in the audience can voice their concerns one way or the other. Acting Chairperson Desai asked the applicant to address the commission. Planning Commission Minutes of 11-01-04 -4- Mr. Craig Ost, representing Phoenix Group Homes, 1936 Craig Place, Maplewood, residing at 1270 LaFond Avenue, St. Paul, addressed the commission. He said Phoenix Group Homes has always received a variance to go up to eight residents in the past. He said the procedure to have 8 residents is changing. They are licensed through the department of corrections as a group foster home with up to six residents. They followed the same procedure up until six to eight months ago when he sent an e-mail to Melinda Coleman, Assistant City Manager, expressing their desire to increase their capacity from either six residents to seven or seven to eight residents. He was given approval via a reply from her e-mail and has several of those requests and approved replies in his files at the office. He then took Melinda Coleman's reply which was an affirmative of his request and faxed that to the licensing agent Julie Snyder with the Department of Corrections along with a variance request. The length of the variance request usually lasted for 90 days. Mr. Ost said when he requested a change, Julie Snyder, the licensing agent said there was a different procedure that had to be followed now. At this time he questioned why a different procedure had to be followed and is still not clear on the reasoning. He asked what the next step was and what the proper procedure was. That brings him to this point. When he started this process he told Mr. Roberts Phoenix Group Home had already had up to eight residents. He was the House Manager for 2% years, has been the Facility Supervisor of the three group homes for 2% years and has been with Phoenix Group for five years. They have been able to have up to eight residents almost that entire time and has the paper work to prove that. Mr. Ost said he has read the letters of concern and said there are some valid concerns in the staff report. In terms of heavier traffic that is a moot point. They have already had eight residents living here in the past and there was no problems then. He read both the positive and negative letters to his application and one letter in particular is from the neighbor at 1940 Craig Place on page 14 of the staff report. He read the letter aloud. He said they are licensed through the Department of Corrections and specialize in recovery from CD. He said they probably don't get paid what they should because they do a really good job at this center. The letter states a resident couldn't be at the Phoenix Group Home if they weren't involved in the justice system. That is not true, the resident has to have a case manager from the county to make sure they are placed appropriately at the Phoenix Group Home from the case manager from the referring county to ensure the resident is there because they are supposed to be there and not to just get the young adult out of their parents hair. Commissioner Trippler said he is concerned about the living arrangements at the facility. As he understands the applicant's letter the house has four bedrooms and he read something about a staff bedroom. So that means three bedrooms for the residents and one bedroom for the staff member. That equals 8 people in three bedrooms. Commissioner Trippler asked if the applicant could give rough room dimensions so he has an idea of the amount of bedroom space. Mr. Ost said one bedroom located in the basement is partitioned off to make two bedrooms and there is room for four people on each side of the partition. Then there are two other bedrooms that are fairly small that are 8 X 10 roughly. Commissioner Trippler asked if it would be a hardship to add additional emergency exits? Planning Commission Minutes of 11-01-04 -5- Mr. Ost said he was there whey the fire marshal was there for inspections and based on what was shared with him and being present for the process of being licensed through the Department of Corrections he doesn't think it's necessary to add more exits. Commissioner Trippler asked why there was a need to increase the residents from six to eight people? Mr. Ost said it's necessary to provide the service for people that need it. Because they do such a good job with the residents, they currently have a waiting list for new residents. Commissioner Bartol said when Mr. Ost gave his presentation he stated the neighbors shouldn't expect additional noise with the addition of two more residents. He asked if Mr. Ost meant they already have eight residents? Mr. Ost said they currently have six residents but they have in the past had eight residents. Commissioner Bartol said he doesn't know how you couldn't notice an increase in noise, garbage, traffic with the addition of two more residents, it's got to have an impact. Mr. Ost said the point he was trying to make was that until six months ago they were at eight residents but now the procedure changed. This means if they needed to increase residents from six to eight they would like permission from the city but that doesn't necessarily mean they would maintain eight residents all the time. Commissioner Bartol said Mr. Ost said a few moments ago that there was a waiting list and he doesn't see how they would decrease the number of residents if the city gave them permission to have eight residents. He asked if the city gave permission what's to say Phoenix won't come back and ask to have another two residents making a total of 10 residents? He believes it's a good thing to ask for the neighbors input and asked Mr. Ost if he would agree it was a good thing to get the neighbors approval and input. Mr. Ost said yes it's good to get the neighbors approval and input and he is fine with the process. Commissioner Bartol said he got the feeling that Mr. Ost wasn't comfortable with the change in procedure. Mr. Ost said he was sorry if that was the perception the commissioners received because that was not what he was trying to relay. He is just trying to point out that because they previously had eight residents living in the home he doesn't see this request as a problem. Commissioner Bartol said he thinks the service the Phoenix Group Home provides is a great one and a necessary one. He is sure every time they open a home they run in to a certain amount of resistance from the neighborhood. This is unfortunate because this type of home is a necessity. He would like to think that across Maplewood the city keeps these types of homes as pleasant and successful as possible so each time a home is opened there is the least amount of resistance as possible. He would like to see the number of residents kept at six to keep this group home as low profile as possible. Commissioner Trippler's comments regarding the size of the rooms and the number of rooms were well taken and are a very critical element. Planning Commission Minutes of 11-01-04 -6- Mr. Ost said they look at the feedback from the neighbors as good information because they want to be good neighbors and this is a good process. It forces them to look at themselves and how things are run and it helps them to be a better run operation. Commissioner Ahlness said if they have the ability to house up to ten people in the home. What assurance do the neighbors have as to the total number of people that could live there? Mr. Ost said the only reason they can house up to ten people is because they have bunk beds. They would never have that many residents living there because it would not serve the residents or the staff. Commissioner Ahlness said he understood it was a state guideline if you have six residents in a group home you don't need permission from the city how does having eight residents fit into that? Mr. Ost said they make guidelines for six residents with the variance to go up to seven or eight residents. It's reasonable to say they did that for a reason. The question is where is the optimum care and how can staff supervise the residents. Acting Chairperson Desai asked iflhere was a state or federal guideline as to how many square feet of living space is required for each resident? Mr. Ost said he didn't think so if there was they have always met that guideline. There is a thorough process they have to go through and the licensing agent keeps track of those things when she gives them their license. Acting Chairperson Desai asked staff if they knew of any guidelines for square footage requirements? Mr. Roberts said he doesn't know. He asked Mr. Ost if he could review the licensing process for the commissioners. Mr. Ost said they are inspected on a bi-annual basis which was done with all three of the group homes this past spring and summer and they are current with the Department of Corrections. They inspect the facility and make sure the residents each have a case manager from their referring county. It is an extensive inspection, they look at doctor, dental visits, personal visits, and grievances with staff. Acting Chairperson Desai asked if Mr. Ost shared with the Department of Corrections that they wanted to increase residents from six residents to eight residents on a permanent basis? Mr. Ost said yes they have been talking with Julie Snyder regarding this the entire time. Commissioner Bartol asked if the six residents was a guideline or a law? Mr. Ost said they have a permanent variance to have eight permanent residents in their group homes. It may be that the other group homes are in a rural area though. Planning Commission Minutes of 11-01-04 -7- Mr. Roberts said it's in the rules that are set down from the state agencies that the city is mandated to follow but he didn't believe it was written in the state statute as a law. Commissioner Bartol asked if the first paragraph in the introduction section of the staff report was an overstatement because it stated State law allows Phoenix to have up to six residents. Mr. Roberts said if it is not a state law it is in the state regulations or in the state rules but they are not guidelines, they are very firm. As he understands it, the rules essentially become the law. He said Commissioner Trippler could probably attest to that. Commissioner Trippler said he thought what Mr. Roberts was referring to was that at one time he was a rule writer for the Minnesota Pollution Control Agency and if anything is in the statutes, it's not a guideline, it is a law. Commissioner Grover said Mr. Ost stated that there has been an ongoing process through the city to get these temporary variances. It would've been helpful to have documentation showing the ongoing approval for temporary variances as part of the planning documents because that is new information to the commission which wasn't provided in the staff report. This would be helpful as part of the decision making process to be made by the planning commission. Mr. Roberts said when staff updates the report for the city council he would try to include as much information as possible. Unfortunately he doesn't have that information at his fingertips tonight. Acting Chairperson Desai said before this goes to the city council he would be interested in knowing if this law has gone into effect recently or has it been there all along. Mr. Roberts said he has worked at the city for 15 years and it has been effect at least that long. At one point Melinda Coleman, Assistant City Manager, counted over 200 group homes with various styles and sizes throughout the city and most have 4 to 6 residents. Acting Chairperson Desai asked iflhere have been other cases who have asked for a conditional use permit like this? Mr. Roberts said this is the only one he is aware of. Acting Chairperson Desai asked if anyone in the audience wanted to address the commission to come forward and sign in for the record. The following people spoke at the public hearing for Phoenix Group Homes, 1936 Craig Place: Randv Forsman. 1940 Craig Place, Maplewood. Planning Commission Minutes of 11-01-04 -8- He said he has been a good neighbor, a good citizen and has gotten along fairly well with the kids at this home. He has issue with three things. In all due respect, Mr. Roberts' analysis is a joke. How can you say what is going on in a house won't affect its value? This group home certainly affects the value of his home. They could've had a new neighbor move in with five orsix rowdy boys and that would be just your luck or misfortune. But anyone can access the information that there is a group home located here with a conditional use permit because it is public information. This affects the value of his house and none of the commissioners live here. Mr. Ost doesn't live in this neighborhood. Parking is a serious problem. It is such a problem that if he has any visitors they can't park in front of his house and if they put no parking signs up on the other side of the street where could his visitors park then. Eight residents is a big difference compared to six residents. Mr. Ost said they have already had eight residents live in this home and there should not be any noticeable changes? Mr. Forsman said the home is licensed for six residents and if they get approval for eight residents they will try for ten residents. He likes the kids and he talks to the kids. He doesn't want the CUP granted. He worked in adolescent CD for 20 years with kids just like this. He is chemically dependent himself and understands the disease. He doesn't have an issue with that. He sat in front of this commission 13 years ago and got a CUP for an outpatient clinic on Cope Avenue for Fairview Hospital. It was different though because that was a commercial area, there was plenty of parking and it did not have an impact on residents or children because it was retail property. That particular clinic was licensed by Department of Human Services under rule 43 as a chemical dependency treatment center. Why isn't Phoenix Group Home licensed that way, because the staffing requirements, square footage, bathrooms and healthcare would be much stricter. This is to get more residents living here so they can bring in more money. He bets the commission can't see the financial records of the Phoenix Group Home to see how much money they are making and what's being done with the money that is made. This center is in a residential neighborhood with many young children. This group home is not licensed by the Department of Human Services as a chemical dependency treatment center. If it were there would be more staff and square footage guidelines. They are not bad kids living here but if you knew what he knows working with kids who abuse drugs and alcohol you would be surprised by their shaded history. They did not require a CUP when it opened because the state legislature did not require CUP's for facilities like this because they wanted a family home environment for the young adults to live in. They wanted small family units so the kids could relate to a family instead of an institution. Mr. Forsman said when he found out as a resident there was nothing he could do to change having this home next to his, he was very angry. He was scared and the kids have not impacted his life in a bad way other than the problem of parking and the noise at night some things that all kids do. Don't kid yourself, if they ask for eight residents now they will ask for more later. This home is not built to house eight to ten residents. There is at least one staff member there at all times. He doesn't know how many bathrooms this house has but would guess that the staff member doesn't share his bathroom with the other six or eight residents. He would ask that the commission does not grant this CUP. If you decide to grant it, he would ask that the commission go to visit the site. Look at the square footage, the size of the rooms, and consider whether you would grant 8 to 10 people to live there. Sunday is family day and there is at least a dozen cars parked outside, plus the staff and the residents. He has personally seen the interior of the house and would welcome the commission to visit it as well. Planning Commission Minutes of 11-01-04 -9- Nancv Jude, 2203 Craig Place, Maplewood. Ms. Jude said they moved into their home in February. The group home was a concern of theirs until she talked to the neighbors, they had nice things to say about the group home. Now her concern is that she found out a drug dealer lives on the other end of the street. She has no problems with the kids at the Phoenix Group Home. The drug dealer's friends have driven down the street and hooted and hollered at her and made her feel very vulnerable. The kids at the group home have been nothing but respectful, their very quiet, and when they walk down the street they don't meddle in what you are doing. It's irrelevant to her how much money they are or aren't making. The point is the kids are responding to the program and that is what is important. Ms. Jude said everyone needs a second chance if they are willing to be held accountable. Another neighbor who could not be present asked her to speak and she has never had a problem. She lives on the same side of the street and hasn't had any traffic problems but then she doesn't have people that need to park on the curb either. Ms. Jude said kids in this home deserve to have visitors at the home that they live in. The kids themselves don't drive and she is happy with the way things are going now. She is concerned about the property values but it certainly doesn't seem to affect people buying houses on the street. Mr. Ost said he takes offense to the fact that people think they are out to get rich from housing as many residents as possible. Any raise they receive comes from Ramsey County not from having a certain number of residents in a group home. When you work in this field it is not to make money it is for the kids. Jon Brandt, 2837 Southlawn Drive, Maplewood. He said he is not here to offer support or denial of this CUP. He operates a group home in Maplewood and would like to offer some additional information regarding group homes and the rules and regulations. He also wanted to inform the commission he will be coming before the commission in two weeks. Regarding the number of kids in a group home, the state law was designed to make sure that group homes were not zoned out of every community. If that were the case there would not be group homes in most communities. Most neighbors don't want a group home in their backyard. About four years ago a state law was passed so as long as a group home operates with six residents or fewer, the city in which it is located cannot keep it from operating there. It is not an endorsement for small facilities it is designed to make sure group homes can exist. There is a square footage requirement for bedrooms which is 80 square feet per room or 60 square feet per resident. Commissioner Pearson asked if some of these regulations went back to when Mrs. Humphrey was establishing group homes for some of the mentally challenged kids at that time? Mr. Brand said he wasn't sure how Mrs. Humphrey was involved with group homes. He said he was a county social worker and he licensed foster homes for nine years. He is aware that in the 1960's the state laws were amended to allow foster homes and group homes to exist with up to six residents without any city interference. Planning Commission Minutes of 11-01-04 -10- Commissioner Trippler said he would like to change condition 4 on page 2 and condition number 4 on page 20. To say the owner or operator shall provide proper emergency exits to accommodate up to eight residents. All emergency exits shall be inspected and approved by the fire marshal prior to increasing the number of residents beyond six. Commissioner Pearson said he would not be supporting this proposal. The fire marshal has been inside the house and stated he would not advise adding additional people in the house as it is a tight fit already. That is sufficient enough information to him. Mr. Roberts said he believes what Mr. Brand was saying was that a bedroom for a single person has to be at least 80 square feet and if it is a bedroom that is occupied by more than one person there has to be at least 60 square feet per person in that bedroom. For two people it has to be at least 120 square feet. Commissioner Bartol asked if the city knew if the Phoenix Group Home was in compliance? Mr. Roberts said we do not know but if the state has licensed them since 1994 he would hope everything would have been checked within the last 10 years. As a side note, the state has to approve the variance request as well. Commissioner Trippler said he wasn't sure how he was going to vote on this but he agrees with Commissioner Pearson's assessment. He was afraid the city council would approve this proposal anyway and he wouldn't want to see this approved without the proper exits. He lives next door to a group home. He is not opposed to group homes, it sounds like this one is operating very well and he thinks it would operate better with six residents as opposed to the request for eight residents and he is going to vote against the proposal as well. Commissioner Bartol said he thinks it is important to keep group homes as successful as possible in order for other group homes to be successful. He will be voting against the request to increase the number of residents from six to eight. Commissioner Pearson moved to approve denv the resolution to approve a conditional use permit for Phoenix Group Homes to have up to eight residents living in their residential facility at 1936 Craig Place. Commissioner Trippler seconded. Ayes - Ahlness, Bartol, Desai, Grover, Pearson, Trippler Reasons for the denial were based on the recommendation from the fire marshal not to increase the number of residents to eight because of overcrowding and the neighborhood opposition to adding more residents because of the impacts on the neighbors. The motion to recommend denial passed. This item goes to the city council on November 22, 2004. b. Lot Width Variance and Lot Division (2323 Case Avenue) Planning Commission Minutes of 11-01-04 -11- Mr. Roberts said Tom and Barb Colosimo, representing Ray Colosimo, the property owner, are requesting that the city approve a variance to create a new, 67-foot-wide lot for a new single family home. The request is forthe property on the east side of the house at 2323 Case Avenue. The city code requires lots for houses to be at least 75 feet wide, so this is a request for an 8-foot variance to have a narrower lot. Commissioner Grover asked what the dimensions would be for 2323 Case Avenue if the variance were approved to create a new lot 67-feet wide lot? Acting Chairperson Desai said according to page 9 of the staff report the width of the lot would be 149.88. Commissioner Grover asked what the reason for the 10 feet between the properties was? Mr. Roberts said the 10-foot side yard setback shown on page 10 is the minimum setback required by the zoning code from a wall of a house to the property line. Acting Chairperson Desai asked the applicant to address the commission. Mr. Tom Colosimo, son of Ray Colosimo, 2323 Case Avenue, Maplewood, addressed the commission. He grew up in this neighborhood and whether or not this variance is granted he would never do anything to decrease the property value or the aesthetics of this neighborhood. This is a very personal matter for him and he understands that the city is looking out for the best of the city of Maple wood and the community along Case Avenue. However, he and his wife Barb disagree with the staff recommendation to not go forward with this variance request. It is their plan to build a smaller than average one-story home that would blend in to the neighborhood. By design most of the foot print of this home would be to the depth of the lot and not to the width. Because of his roots in this location they would take extra care not to destroy the scenery or the ecological value of the area. His love of the natural beauty of beaver lake and the surrounding area of the land in question supports his quest for not doing damage to the landscape. They have been diligently working with a reputable builder to build a modest home that fits into the neighborhood, one that does not stand out but rather blends in with the existing structures. They would like to address the five neighbors that disagree with the variance request. They feel that because of the style of the home they are considering to build that only the neighbors that live immediately adjacent to the location would be impacted from this construction. These people would be his dad Ray Colosimo to the west and Mrs. Cove to the east. Neither has any opposition to this variance. The letter was sent out to 32 people and five people responded negatively to their request. Three people responded positively and 24 people did not respond at all. The 24 people that did not respond do not care or do not disagree with this request. Most neighbors are not opposed to this request and they ask that their variance be considered in a favorable way. Commissioner Trippler said the lot was subdivided by Ray Colosimo in October 2003. He asked why the applicant didn't get the lot at 2317 Case Avenue and why he waited until there was not enough room to build a house there. Mr. Colosimo guessed it was his misfortune, bad timing, or a misunderstanding. At the time he was not ready to make that type of move and it was a decision that his dad had made. Planning Commission Minutes of 11-01-04 -12- Mrs. Barb Colosimo, wife of Tom spoke and said she has known Tom Colosimo for 20 years. She said they were always told that the lot was large enough to build. Because of this there was the misconception on everyone's part and thought there would not be a problem. Basically this was a surprise to them. Acting Chairperson Desai asked if anyone wanted to speak to come forward and address the commission. Mr. Warren Wessel, 2311 Case Avenue, Maplewood, addressed the commission. His lot was the most effected by the sale of Ray Colosimo's lot where another gentleman is building a house. He has enjoyed having Ray for a neighbor and misses having him right next door to him. He has nothing but good things to say about him as a neighbor. However, he does not agree with Ray's decision to split off his land. They bought their home 8 years ago and one of the main reasons they bought the home was because of the large lots and the lake. Mr. Wessel said in Tom and Barb's statement they stated they didn't think it would change the characteristics of the neighborhood. He would respectively disagree with that statement. Since Ray sold his lot at 2317 Case Avenue it has already negatively affected the neighborhood. The house that was approved has a height difference of about 15 to 20 feet. The gentleman decided to take down 3 of the large pine trees between the new house and his and it has really impacted the whole look of the house and the view. To squeeze another house in there is too tight and it would negatively affect the neighborhood in his opinion. Jeff Enaelen, 2357 Case Avenue, Maplewood, addressed the commission. He said he respectively opposes this lot width variance. He doesn't know Ray as well as some of the other neighbors but Ray is definitely set in his ways. He doesn't know why Tom and Barb did not buy the lot when the lot was available. If you drove through the neighborhood you would see the lots are large, away from everything, and private but that is detracted from this new house. It doesn't directly affect him, but the road traffic would increase with another house built here. He opposes this variance, he talked to the neighbors and whether or not they sent in a form everybody he spoke was opposed to this. Most of the neighbors are not here and he doesn't know why because they were told about the meeting. Dave Mammenaa, 2351 Case Avenue, Maplewood, addressed the commission. He has been a resident of Maplewood for 30 years now. He built his house on Beaver Lake on a 1 OO-foot lot and has known Ray Colosimo for quite awhile. He thinks the reason Carol Cove does not object to this is because she has her house for sale. Ray had a beautiful lot and he split it and he is not sure why he split the lot but now he wants to split it again. The reason the garage is in front of the house on the plan is because 67 feet wide is way too small for a house to be built. He opposes the variance. Planning Commission Minutes of 11-01-04 -13- Joe Sullivan, 2275 Case Avenue, Maplewood, addressed the commission. He also spoke with the neighbors as Jeff Engelen did and confers that they are all opposed. The Plumbo's are involved in political campaigning and the other neighbors that are opposed have lived here for 40 years, are very elderly and had a relative's birthday to attend. They expressed their opposition and said they could not be present so he is speaking for them. He agrees with staff's comments that this would not be in character of the neighborhood. It may not seem like a big deal on paper but if you went to the site and saw how close this would be, you would understand the opposition. Commissioner Grover asked how common it was to ask for and receive a lot width variance from the city? Mr. Roberts said it is not very common and after people find out what they have to go through to get a variance they often chose not to pursue the idea. Sometimes a one, two or three foot variance is not that uncommon for a setback or lot width variance, but more than three feet is very rare. Commissioner Ahlness said he remembers a few years ago when someone came to the city and asked for a lot split to build two houses side by side on County Road C which was granted. Those houses were built very close, they are tall homes and now block the view of the lake by the other neighbors. He regrets having granted this request now as he drives by this location on County Road C. This negatively impacted the neighborhood and is embarrassed by the fact that the variance was granted. As he considers this variance this is going to impact his decision regarding how he votes on this. Commissioner Pearson said looking at this he is not sure the city made the right decision to split off the west lot because it has definitely changed the character of the neighborhood. But at least the west lot was able to meet the 75 feet. In addition, the placement of the house is going to be far enough back to change the privacy of the neighbor on the east side and even Mr. Ray Colosimo's house should he decide to sell in the future. Commissioner Pearson moved to deny the variance request to have a 67-foot-wide lot (an eight- foot variance) for a new single-family home to the east of2323 Case Avenue. The city is basing this denial on the fact that the proposed lot width would not be in character of the existing lots in the area, as well as the inability of the applicant to prove a specific hardship for this variance request that meets state law requirements. Commissioner Ahlness seconded. Ayes - Ahlness, Bartol, Desai, Grover, Pearson, Trippler The motion was approved. This item goes to the city council on November 22, 2004. C. Conditional Use Permit Revision - University Auto (1145 Highway 36) Mr. Roberts said Hossein Aghamirzai of University Auto Sales and Leasing is proposing to expand University Auto's motor vehicle sales lot at 1145 Highway 36 East. Planning Commission Minutes of 11-01-04 -14- Commissioner Trippler said one of the conditions listed was to not have vehicles parked blocking the entrance to the dealership. He said he lives in the neighborhood and he assured the city that none of the car dealerships pay any attention to the issue of parking motor vehicles in front of the entrances to the dealerships. Transport trucks park on the street and unload the cars every day blocking traffic on the frontage road, on Highway 61, and other locations of the dealerships located in Maplewood. Acting Chairperson Desai asked the applicant to address the commission. Mr. Mohsen Aghamirzai, General Manager, University Auto, addressed the commission. He said they have never had a truck trailer at their property unloading cars in the three years they have been there. Their cars have either come on a flat bed truck one car at a time or by tow truck. They have never had a trailer there. They just don't have the volume of cars coming and going. They probably sell 15 cars staggered throughout the week. He plans to make sure that the car display platforms do not encroach onto the entrance. Mr. Aghamirzai said they used to use the car display platforms to block the entrance to the parking lot but now they use chains. The platforms were primarily used for safety because there were several cars driven off the lot when they used the chains at the entrance to the parking lot. Commissioner Trippler said he thinks what the city was recommending was that they install fencing with a gate, and he asked the applicant if that was a possibility? Mr. Aghamirzai said they decided to put the chain back on instead of using the car display platform. They understand the issue with the fire department needing to get onto the property for emergencies. But adding a fence and gate only complicates things and they would rather use the chain to block the entrance. Commissioner Trippler said he was at the site and he noticed erosion problems on the site and asked if they could correct the erosion problem. He said he lives in the area and one of the things he noticed is that the lights are very distracting. He wondered if they could redo the flood lights so they are not so distracting. Mr. Aghamirzai said he would be back before the city again for some other issues. Commissioner Trippler moved to adopt the resolution on pages 14-15 of the staff report, this resolution approves an amendment to University Auto's conditional use permit for a used motor vehicle sales business at 1145 Highway 36 East in order to expand their used motor vehicle sales lot. This city bases this approval on the findings required by the code and shall be subject to (any amendments to original conditions noted): a. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. b. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. c. The city council shall review this permit in one year. Planning Commission Minutes of 11-01-04 -15- d. The site shall be kept in neat and orderly condition. The applicant shall observe the striping pattern and not crowd the site by placing additional vehicles on the site beyond what can be parked in the striped parking spaces. The drive aisles shall be kept clear of vehicles. There shall be no parking on the grass or landscaped areas. e. There shall be no vehicle delivery or transport/trailer unloading along the street. This activity shall be kept on site. f. Outdoor storage of any new or used materials other than vehicles shall be prohibited unless such materials can be fully concealed within a screening enclosure. The design and placement of any such enclosure shall be subject to staff approval. g. The hours of operation of this used motor vehicle sales business shall be 8 a.m. to 8 p.m. Monday through Saturday. The used motor vehicle sales business shall be closed on Sunday. h. There shall be no parkina of motor vehicles within the drive aisles, either blockina the drive aisles for security when the business is closed or parked alona the side of the drive aisles on displav. Commissioner Pearson seconded. Ayes - Ahlness, Bartol, Desai, Grover, Pearson, Trippler The motion passed. This goes to the city council on November 8, 2004. VI. NEW BUSINESS None. VIII. VISITOR PRESENTATIONS None. IX. COMMISSION PRESENTATIONS a. Mr. Pearson was the planning commission representative at the October 25,2004, city council meeting. Items that were discussed included the CUP for Avis Rent a car at the Maplewood Mall which passed. And the Summerhill Senior Cooperative was reheard and approved by a vote of 4-1. b. Mr. Trippler will be the planning commission representative at the November 8, 2004, city council meeting. Items to discuss include the CUP for University Auto at 1145 Highway 36 and the home occupation license for a photography business for David Grupa at 1994 Duluth Street. Planning Commission Minutes of 11-01-04 -16- c. Mr. Desai will be the planning commission representative at the November 22,2004, city council meeting. Items to discuss include the CUP for the Phoenix Group Home, 1936 Craig Place, and the lot width variance and lot division at 2323 Case Avenue. X. STAFF PRESENTATIONS Mr. Roberts said the city council approved the appointment of an outside consultant to take a look at the Gladstone Redevelopment Area and be a mediator between the city, the coalition and the neighborhood. XI. ADJOURNMENT The meeting was adjourned at 9:25 p.m.