SUNFISH LAKE PLANNING COMMISSION MEETING
– JUNE 20, 2007
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Attendants:
Chair Eberhard
Bulach
Commissioners:
Andrea McCue, Tom Votel and Joanne Wahlstrom.
City Planner:
Laurie Smith
City Clerk:
Catherine Iago
and Members of the General Public.
Commissioner Arnulf Svendsen arrived at 7:05 p.m.
I.
CALL TO ORDER: Chair Bulach opened the meeting at 7:00
p.m. The Chair thanked his predecessor Commissioner Votel for his
excellent service as Chair for the Commission.
II.
APPROVE AGENDA: Chair Bulach if there were any comments or
corrections to the April 18, 2007 Commission minutes as presented.
Commissioner Votel stated he would abstain from voting since he was not
present at the meeting.
Commissioner Wahlstrom moved to approve the April 18, 2007 Planning
Commission minutes as presented, seconded by Commissioner McCue and
carried. 3-0-1 Commissioner Votel abstained.
Commissioner Svendsen arrived at 7:05
p.m.
III.A. Public Hearing: Consideration of Preliminary Plat for a
4-lot Single Family Residential Subdivision
located north of Salem Church Road and East of
Delaware Avenue, Angell Acres.
Chair Bulach opened the public hearing to
consider the Preliminary Plat for a 4-lot Single Family Residential
Subdivision located north of Salem Church Road and East of Delaware
Avenue, Angell Acres, at the request of John and Sandra Roe. He
reviewed the procedures for conducting the public hearing as provided by
the City Planner. He asked the Planner to describe the request.
Planner Smith explained that the Roe’s are requesting approval of a
preliminary plat to allow subdivision of approximately 19-ares into
three single family residential lots. She stated the property currently
consists of four parcels that would be combined to create the proposed
three lots; one of the new lots created will contain the existing
homestead. She advised that the property is zoned R-1, Single Family
Residential and is located within the Shoreland Overlay district. She
stated the site is guided for low density residential uses and the
application is consistent with the Comprehensive Plan. The Planner also
noted that the proposed plat is also consistent with lot area, width and
setback requirements.
Planner Smith explained that Lots 1 and 3 are proposed to access from a
private driveway extending from Delaware Avenue; the existing homestead
on Lot 1 currently accesses via this private driveway. She stated that
the proposed plat indicates a 20-foot wide easement over a portion of
the existing 14-foot driveway off of Delaware Avenue to provide access
to Lot 3; she noted that private driveway access and easement widths
would be subject to approval of the city engineer. The Planner stated
that Lot 2 is proposed to access from Salem Church Road. She noted that
Salem Church is a minor collector road and the Subdivision Ordinance
discourages direct access from lots onto collector streets. She
explained that in 1987 the majority of Lot 2 was previously platted as
part of the Tinkers Plat and access to Salem Church Road was assumed at
that time; lot access and driveway locations for Lot 2 shall also be
subject to approval of the City Engineer.
The Planner stated that the applicant has submitted soil and percolation
tests and the preliminary and secondary drainfield locations. She noted
that the locations were reviewed and approved by the City Septic
Inspector.
Planner Smith stated that the City Engineer has reviewed the drainage
and grading plan and recommends the development of rain gardens adjacent
to the two centrally located wetlands.
The Planner explained there are five existing buildings located on Lot 1
that are considered to be legal non-conforming buildings due to their
size and location on the property. She advised that the proposed plat
does not result in an increase in the non-conformity of these building
and no further action is necessary provided that the principal residence
is the only building utilized for human habitation.
Planner Smith advised that Delaware Avenue is a County Road and access
from Delaware Avenue for Lot 3 is subject to the review and approval of
Dakota County. She noted that the applicant had submitted the concept
plan for the plat to Dakota County in April for their review and the
preliminary plat will be reviewed by the County on June 25, 2007.
Staff recommends approval of the request with the seven conditions as
listed in the Planner’s report dated June 12, 2007.
Chair Bulach thanked the Planner for her
presentation and asked if the applicant had any comments.
John Roe and Paul McGinley were present to discuss the requests. Mr.
McGinley displayed a survey of the preliminary plat that showed the
shared driveway between Lot 3 and the existing residence. He also showed
the location of the driveway for Lot 2 and apologized for the error in
not showing the driveway location on the survey; he agreed that the
location of the driveway was approved as part of the Tinkers Plat years
ago. He stated that he and the applicant had met informally with the
Dakota County Plat committee to review the proposed driveway location;
he stated that the County discussed the fact that they wished to have 55
feet of right-of-way dedicated off of Delaware Avenue and that he
believes that can be accomplished. He stated he does not anticipate a
need to widen the right-of-way and that he believes formal approval from
the County for the proposed driveway location would be received prior to
Council consideration of the matter.
Commission Votel referred to the letter from Dakota County regarding the
possibility of requiring a traffic study and the installation of buffer
areas; he questioned if the applicant would be required to install
buffer areas.
Paul McGinley explained that neither subject was brought up by the
County at the informal meeting and he believes the letter is more of a
standard basic precautionary letter. He indicated that MnDOT usually
sends the same type of letter as a precautionary measure.
Planner Smith explained that the application meets all City Code
requirements and that the City Ordinance does not contain a provision to
require buffering.
John Roe commented that the area contains natural buffering.
Chair Bulach asked if there would be a setback from the fence line for
the access on Salem Church Road. Mr. McGinley explained that there is a
25-foot opening and that would be the area where the access would be
placed.
Commissioner Votel noted that the Salem Church Road access issue is
addressed in Condition No. 5 in the Planner’s report. Planner Smith
explained that the access would be essentially located across from an
existing driveway on the other side of the street.
Paul McGinley advised that he would revise the preliminary plat to show
the access locations prior to review by the City Council.
Chair Bulach asked if a culvert would be needed to divert water. Mr.
McGinley explained that all of the drainage details would be addressed
in conjunction with the building application review.
Chair Bulach opened the public hearing for comments from the general
public.
Ibby Hammett, 2196 Charlton Road, stated her property abuts the Roe
parcel and she was interested in the location of the driveway; she
stated her question regarding the driveway location was answered in the
discussion. Ms. Hammett also commented that she has concerns regarding
increased traffic with the additional homes and she suggested that it
would be nice to have 4-way stop signs installed at Charlton Road /Huber
Drive and Delaware Avenue. She explained that motorists have a hard time
accessing Delaware Avenue during peak traffic times.
Chair Bulach thanked Ms. Hammett for her comments and explained that
Delaware Avenue is a County road and therefore the County would
determine if a stop sign is warranted.
Commissioner Wahlstrom commented that a 4-way stop may cause more
traffic back-up in that location.
Chair Bulach asked if there were any further comments and there was no
response.
Commissioner Votel stated he has no concerns regarding the request;
however, he expressed interest in why the rain gardens were being
required.
John Roe stated that he does not believe the rain gardens are necessary
but he would install them as required.
Planner Smith explained that the rain gardens are a method to filtrate
the stormwater through the use of plants; she noted that the applicant
is responsible for handling stormwater “post” development.
Commissioner Votel questioned if this was a new requirement. Planner
Smith stated it is not a new requirement but rather another method to
handle stormwater.
John Roe stated he does not believe the rain gardens are necessary but
that he agreed to install them to eliminate the need for any variances
in conjunction with the plat. He noted that the stormwater currently
travels through a culvert near the tennis court which provides the
necessary filtration.
Commission Votel asked if the DNR requires the rain gardens.
Paul McGinley explained that previously the NURP ponds were required by
the EPA and MPCA to provide treatment of stormwater before it enters
lakes; he noted that the rain gardens are a “mini” version of the
ponding effort to trap polluted runoff locally rather than pond
collection.
John Roe stated that he has agreed to install the rain gardens and he
will work with the City Engineer to accomplish this goal; he stated that
he believes it is an unusual request since the natural ponding areas
already exist on the property.
Chair Bulach asked for further comments and there was no response.
Commissioner Votel moved, seconded by
Commissioner Wahlstrom to recommend approval of the Angell Acres
Preliminary Plat subject to the seven (7) conditions as listed in the
Planner’s Report dated June 12, 2007. Motion carried unanimously. 5-0
Chair Bulach asked if there were
any further items for business.
Planner Smith stated that there were no new applications for the July
meeting and that there are no items pending, therefore, she will cancel
the July meeting unless some item of business is received from Council.
Commissioner McCue commented that she believes there is a need to
discuss drafting some regulations to provide consequences to applicants
that ignore the City Code regulations relating to building matters.
Commission Votel agreed and suggested that since Council has the
authority to adopt the regulations it would be appropriate to have a
joint meeting with Council to discuss the matter. He explained that he
had suggested a joint meeting to the Mayor and she indicated that there
may be public hearing issues; he further indicated that it would be
helpful to also have the City Attorney present to provide input on
language that would enhance enforcement of the City Code. He suggested
that staff or the Chair may wish to ask the Council if a joint meeting
would be appropriate to discuss the matter. He commented that this
matter has been a long-term frustration for him.
City Clerk Iago suggested that it may be possible to have a joint study
meeting with Council to informally discuss issues of concern to the
Planning Commission. She noted that although it would still be a public
meeting, no formal public hearing notice must be published until such
time as a recommendation with formal changes to the ordinance is
presented.
Chair Bulach asked if there was any resolution to the Bethel Church
event. Planner Smith explained that she sent a letter to the church that
outlined the City’s concerns and she will touch base with the church
representatives prior to the event. She explained that the Police staff
also plans to meet with representatives from the church.
Commissioner Svendsen asked when the event is scheduled. Planner Smith
responded August 19, 2007.
Chair Bulach asked for an update on the Metropolitan Council review and
the Comprehensive Plan. Planner Smith stated she is still working on the
Comprehensive Plan update.
Commissioner Votel commented that as the Roe application advances he has
concerns that traffic coming from south of the proposed driveway
location on Delaware Avenue would have limited visibility; he suggested
that it may be appropriate to have a flashing signal light installed for
the blind approach. He also noted that bikers and runners may be in
danger along the roadway.
Planner Smith noted that the City Engineer made a similar comment;
however, she explained it is a County road and they may not require a
flashing signal.
Chair Bulach stated that Mr. Roe would not have a problem with access
because he is used to the driveway approach; he commented that in his
opinion the ideal location for the access would be approximately 250 ft.
south of the proposed access, although that would infringe on Lot 2.
Planner Smith pointed out that Dakota County is usually hesitant to make
changes access points that they have already approved.
There was no further discussion on this matter.
Chair Bulach asked if there was any
further business and there was no response.
VI.
ADJOURN: Commissioner McCue moved, to adjourn the meeting at
7:35 p.m, seconded by Commissioner Svendsen and carried. 5-0
Catherine Iago, City Clerk
BACK to
News