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HomeMy WebLinkAbout03/17/2003MAPLEWOOD PLANNING COMMISSION Monday, March 17, 2003, 7:00 PM City Hall Council Chambers 1830 County Road B East 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. March 3, 2003 5. Public Headngs None 6. Unfinished Business a. Home Occupation License - Hair Salon (2697 Pinkspire Lane) New Business a. Training Session - Review of Roles and Responsibilities (Patrick Kelly and Melinda Coleman) b. Zoning Code Amendment - New Mixed Use District (Hillcrest Village) 8. Visitor Presentations 9. Commission Presentations a. March 10 Council Meeting: Ms. Monahan-Junek b. March 31 Council Meeting: Mr. Tdppler (changed from March 24) c. Apd114 Council Meeting: Mr. Desai 10. Staff Presentations 11. Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, MARCH 17, 2003 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. I1. ROLL CALL Commissioner Tushar Desai Commissioner Mary Dierich Commissioner Lorraine Fischer Commissioner Matt Ledvina Commissioner Jackie Monahan-Junek Commissioner Paul Mueller Commissioner Gary Pearson Commissioner William Rossbach Commissioner Dale Trippler Present Absent Present Present until 9:00 p.m. Present Present Present Present until 9:25 p.m. Present Staff Present: Patrick Kelly, City Attorney Melinda Coleman, Assistant City Manager Tom Ekstrand, Assistant Community Development Director Ken Roberts, Associate Planner Lisa Kroll, Recording Secretary II1. APPROVAL OF AGENDA Commissioner Rossbach added item 9. d. under commissioner presentations to discuss the Hartford Group Development. Commissioner Trippler added item 9. e. to discuss the Gladstone Park neighborhood. Commissioner Pearson moved to approve the agenda with changes. Commissioner Rossbach seconded. The motion passed. Ayes- Desai, Fischer, Ledvina, Monahan-Junek, Mueller, Pearson, Rossbach, Trippler IV. APPROVAL OF MINUTES Approval of the planning commission minutes for March 3, 2003. Commission members had corrections or additions to the minutes on pages 5, 13, 24, and 25. Commissioner Trippler had a correction on page 5, in the sixth paragraph, in the seventh sentence. It should read: They are asking for the additional two units over ~'" '~"""~*" ~. ,~ ~.~.....,y over the ~ e~ms~ currently allowed density. Planning Commission Minutes of 03-17-03 -2- Commissioner Trippler had a correction on page 13, in the first paragraph, in the sixth sentence, it should read: how much more ~ they can get. And on page 25, in the third paragraph, in the fifth sentence, it should read: filing a ffui~e quiet title action. Commissioner Monahan-Junek had an addition on page 24, in the seventh paragraph, in the fourth sentence, it should read: She said what the city is currently doing maybe doesn't go far enough. Then in the eighth sentence, it should read: ~ She ~ understands the comments made. Commissioner Pearson moved to approve the planning commission minutes for March 3, 2003, with changes. Commissioner Desai seconded. Ayes- Desai, Fischer, Monahan-Junek, Mueller, Pearson, Rossbach, Trippler Abstention - Ledvina V. PUBLIC HEARING None. VI. UNFINISHED BUSINESS a. Home Occupation License - Hair Salon (2697 Pinkspire Lane) Mr. Roberts said Ms. Debra Siedenburg is requesting a home occupation license to start and operate a hair salon in her new home at 2697 Pinkspire Lane. The applicant's business would be cutting, styling, perming and coloring hair of individuals. Ms. Siedenburg would be using a 13-foot by 13-foot living room on the first floor of her home as the hair salon. She also would be using a sink in the room for the hair salon. Ms. Siedenburg will be living in the home and would be the only employee in the home occupation. The applicant states that she would receive customer visits between the hours of 10 a.m. and 6 p.m., Monday through Friday, and she expects about 10-15 customers per week. Mr. Roberts said this was previously presented to the planning commission at their March 3, 2003, meeting. The planning commission members had concerns regarding the homeowner's association rules for home occupation businesses conducted in a neighborhood. Staff attached a copy of the homeowner's association rules to the staff report. The city attorney told staff that the responsibility of the planning commission is to review the application based on the merits and the rules of the city, not what the homeowner's association may or may not allow. Mr. Roberts said he spoke with the developer, Mr. Engstrom today and he had no concerns regarding this home occupation license. Staff recommends approval of the five conditions listed in the staff report for the home occupation license for Ms. Debra Siedenburg at 2697 Pinkspire Lane for a hair salon in her home. Commissioner Trippler asked staff if at one point there was a requirement that an applicant for a home occupation business license get approval from the neighbors within a one-block area? Planning Commission Minutes of 03-17-03 -3- Mr. Roberts said not as a city ordinance. Commissioner Trippler said when he read the homeowner's association rules it seemed to him that an owner occupant can maintain a home occupation in a dwelling if they are handling matters that are relating to the occupation by telephone or correspondence. Commissioner Mueller said the homeowner's association rules are irrelevant to the decision that is made by the planning commission. He said the final decision needs to be made solely on the merits of what the applicant brings to the city not based on the homeowner's association rules. Commissioner Rossbach said at the last meeting the planning commission had asked for an explanation regarding when the city requires a development to handle situations like snow plowing, how does that impact future decisions made by the city and/or what impact that would have when the city requires associations to be in place? Mr. Roberts said he wasn't aware that question was brought up at the last meeting. He said that might be a good question to ask the city attorney during the second half of the meeting. The applicant, Ms. Debra Siedenburg and her husband, Mr. Shannon Siedenburg residing at 5359 Heath Avenue North, in Oakdale, addressed the commission. The applicant said they have no problems with the conditions listed in the staff report. Commissioner Pearson moved to approve the home occupation license for Ms. Debra Siedenburg of 2697 Pinkspire Lane to have a hair salon in her home. This approval shall be subject to the following conditions: Meeting all conditions of the city's home occupation ordinance. This includes that the area of the home occupation is limited in size to 20 percent of the floor area of the house. Customer hours for this home occupation are limited from 9 a.m. to 6 p.m., Monday through Saturday. There shall be no more than 20 customers visiting the home per week. All customers or visitors to the business shall park on the driveway. Provide a five-pound ABC dry chemical fire extinguisher in the room. Commissioner Rossbach seconded. Ayes- Desai, Fischer, Ledvina, Monahan-Junek, Mueller, Pearson, Rossbach, Trippler Commissioner Trippler offered ~ an amendment, stating that granting this approval shall in no way negate or overrule the homeowner's association rules. He doesn't want the city to get in a legal dispute regarding whether or not the homeowner's association rules are being overridden by the city. Chairperson Fischer asked for a second to the ~'"-"'~" ........ z proposed amendment made by commissioner Trippler. Planning Commission Minutes of 03-17-03 -4- No second was made to the amendment so the fr-ieP, d~ amendment failed. Commissioner Ledvina said he understood the applicant could have one additional employee. Mr. Roberts said the home occupation license allows for an outside employee to work at the residence for this home occupation hair salon. Commissioner Ledvina said he would like to offer a4r-iec~qy an amendment, stating that no outside employees be allowed as part of this home occupation license. Commissioner Rossbach said according to the city attorney, the planning commission is to disregard anything relating to the homeowner's association rules. He said this is the reason he had not seconded the motions made by commissioner Trippler or commissioner Ledvina. Commissioner Ledvina said it's not the homeowner's association rules that he is concerned with. He has a concern that if there were another employee, there could be two employee cars parked in the driveway and a customer possibly parking on the street. He is concerned as a homeowner, that there could be extra cars parked in the neighborhood that could potentially cause problems because of this home occupation hair salon in the neighborhood. He said this is not a typical residential neighborhood. The homes in this neighborhood have reduced setbacks and have reduced the widths of the pavement to increase the density. Mr. Roberts said if the parking became a problem, staff would contact the applicant and try to get the problem resolved. He said the city requires an annual home occupation license that has to be applied for through the city clerk's office. Chairperson Fischer asked for a second to the ~ amendment made by commissioner Ledvina. There was no second made to the amendment so the fricndly proposed amendment failed. Commissioner Rossbach seconded. The original motion passed. Ayes- Desai, Fischer, Ledvina, Monahan-Junek, Mueller, Pearson Rossbach, Trippler This item goes to the city council on April 14, 2003. At 7:25 p.m. the public portion of the meeting ended. The remainder of the meeting was continued in the Maplewood Room. VII. NEW BUSINESS a. Training Session - Review of Roles and Responsibilities (Patrick Kelly and Melinda Coleman) The training session began at 7:30 p.m. in the Maplewood Room and continued until 9:10 p.m. VIII. Planning Commission Minutes of 03-17-03 -5- The training session was an open forum that consisted of the City Attorney, Patrick Kelly, Assistant City Manager, Melinda Coleman, Assistant Community Development Director, Tom Ekstrand, Associate Planner, Ken Roberts, Council member, Kathleen Juenemann and the planning commission members. Mr. Kelly and Ms. Coleman reviewed the rules and responsibilities on the planning commission. During the training session there was discussion and questions about the pending Hartford Development (Legacy Village) and the County Road D extension project. Questions were raised about the role of the Planning Commission in the development review process and questions relating to the Comprehensive Plan and how it corresponds to the AUAR process. Planning commission members were asked to write ten to twenty questions or topic areas for discussion at their next joint meeting with the city council. The date for the joint city council/planning commission meeting has not been decided yet. b. Zoning Code Amendment - New Mixed Use District (Hillcrest Village) Mr. Roberts said last October, the Maplewood city council extended a development moratorium for the Hillcrest Village redevelopment area so that staff could draft zoning and design standards based on "smart-growth" development principles. Staff's goal is to have an ordinance submitted to the city council for their acceptance before the moratorium ends on October 28, 2003. To accomplish this, staff proposes a series of meetings with the planning commission and community design review board (CDRB) to receive comments and guidance from each committee in the preparation of these standards. Mr. Roberts gave an overview and explained the details of the new Traditional Neighborhood 2 zoning district called TN2, which is for (Mixed Use). Mr. Roberts said on January 27, 2003, the city council approved funding for a market research study for the Hillcrest Village redevelopment area. This study is being conducted by Maxfield Research and will include market analysis for the City of Maplewood's part of the redevelopment plan. The study will complement initial market research completed by the Metropolitan Council and their consultants completed for the entire Hillcrest Village redevelopment area. The study should be complete in April of this year and will further help the city guide redevelopment in the area. Mr. Roberts said staff recommends that the planning commission offer comments and guidance on proposed land uses (permitted, conditional and prohibited) within the Hillcrest Village redevelopment area. He said staff would use this feedback to draft a new Mixed-Use zoning district for the Hillcrest Village redevelopment area, as well as other redevelopment sites within the city. VISITOR PRESENTATIONS IX. None. COMMISSION PRESENTATIONS a. Ms. Monahan-Junek was the planning commission representative at the March 10, 2003, city council meeting. The St. Paul Soccer center was discussed and was approved with no access off of Adolphus Street. In addition, the council denied the proposed Sibley Cove Apartments on County Road D on a 3 to 2 vote. Planning Commission -6- Minutes of 03-17-03 b. Mr. Trippler will be the planning commission representative at the March 31, 2003, city council meeting. Items to be discussed will be the Schmelz Countryside Motors sales/storage lot and the County Road D realignment. Mr. Desai will be the planning commission representative at the April 14, 2003, city council meeting. Hartford Group Discussion There was discussion held earlier in the meeting regarding the Hartford Group Development proposal (Legacy Village) and the future development on the Hajicek property. Gladstone Park neighborhood Commissioner Trippler said he had concerns regarding the homes being built in the Gladstone Park neighborhood on Burke Circle. He would like planning commission members to visit the site on Burke Circle. His concern was the slope off the back of the properties toward the storm water pond and the size of the homes on the lots. STAFF PRESENTATIONS None. Xl. ADJOURNMENT The meeting was adjourned at 10:15 p.m.