09-18-2017 CCM - Laserfiche WebLink

Home Browse Search

City Council Minutes Page 6 September 18, 2017 There being no one else to speak to this issue, Mayor Dietz closed the public hearing. Councilmember Westgaard requested clarification on the Planning Commission's recommendation for denial noting the application is for a permitted use and meets the zoning requirements for the vision in the Comprehensive Plan. Councilmember Wagner explained the Planning Commission was concerned about the effect on the neighbors' enjoyment of living, specifically from the headlights shining in to their houses at night. She stated the Planning Commission also expressed concerns about inadequate parking but noted Casey's came back with an amended plan since the Planning Commission. Mr. Carlton noted the request currently meets the parking requirements for a convenience store/gas station. Mayor Dietz questioned if anything could be done to help mitigate the shining of lights in to the townhomes. Mr. Carlton stated additional landscaping in the median may help. He noted he believes the median is half public right-of-way with the other half owned by the Mississippi Ridge Homeowner's Association. Mr. Beck explained the Council can impose reasonable conditions on a Conditional Use Permit noting it would be unreasonable for the Council to require the applicant to screen the median if the median property owners are not willing to work with the applicant. Councilmember Wagner asked if the applicant would be willing to work with the city and the homeowner's association to screen the median. Discussion took place on possible relocation of the Stop Sign on Yale Street to address some of the resident's concerns with their private road access. Staff will look in to this issue. Mr. Carlton indicated due to the safety and traffic concerns, the first entrance to the private road could be closed off and chained for emergency vehicles only. Councilmember Wagner questioned where deliveries will be made. Mr. Carlton indicated deliveries will take place on the side of the building and headlights should not impact the neighboring properties. Mayor Dietz questioned what options the Council has for approving or denying. Mr. Beck disclosed he used to work with Mr. Coyle at Larkin Hoffman. He explained under Minnesota law, Conditional Use Permits are permitted uses subject to reasonable conditions. He noted the land use decision has been made and in this case a Planned Unit Development Agreement exists which acts as an agreement between the city and the developer listing permitted uses. He stated the convenience store is a permitted use and the gas station is a conditional use. He explained the city is not P01FIF1 II NATURE