[0:50] Chair CTS: Good evening everyone. I call the June 5th, 2024 Apple Valley Planning Commission meeting to order. The first item of business tonight is the approval of the agenda. Any changes from staff? [0:57] Staff Member: Madam chair, good evening. We have no additions or changes for you tonight at this time. [1:03] Chair CTS: Any changes from the Commissioners? [1:05] Commissioner Scanlan: Move for approval. [1:06] Commissioner Sandal: Second. [1:07] Chair CTS: It was moved by commissioner scanland and seconded by commissioner sandal. Any discussion? If not, all those in favor say I. [I I I] Oppose nay. Motion carries. The next item of business is the approval of the consent agenda. The consent agenda items are considered [1:37] Chair CTS: routine and will be enacted with a single motion without discussion unless a commissioner or citizen requests to have any item separately considered. It will then be moved to the land use action items for consideration. 3A, I need someone to approve the minutes of May 1st, 2024 regular meeting. [2:04] Commissioner Scanlan: So moved. [2:05] Chair CTS: Okay, motion made by commissioner scalan and seconded by commissioner Schindler. Any discussion? If not, all those in favor signify by saying I. [I I I] Oppose nay. Abstain. Motion carries. Uh, looks like there's no public hearings for tonight, so we'll move on to the land use action items and we have Chick-fil-A setback variance. And it looks like Cathy bodmer is going to be replacing Sydney stro for the planner tonight. [2:22] Kathy Bodmer: Thank you madam chair, planning Commissioners. The petitioner for this request is kimley horn on behalf of Chick-fil-A. The request is consideration of a setback variance to install a canopy over the drive-thru Lane on the west side of the Chick-fil-A restaurant at 7480 153rd Street. More specifically, the applicant requests a variance to reduce the setback along Cedar Avenue from 50 ft to 25 ft for the 677 Square ft canopy. The property is located on the Southeast corner of CED Avenue on 153rd Street at 7480 153rd and the property is zoned RB retail business. The required setback in the RB zoning District is 50 ft um and they're requesting then to be able to go down to 25. As noted in the staff report, the building when it was originally constructed in 2013 received a variance for construction and that was because of recent Road Improvement projects to Cedar Avenue kind of was starting to gobble up some of the right of way. So any improvements to the building, any addition, building additions, would require a variance. The Planning Commission may recall then that in 2021 Chick-fil-A came forward with a request for variances from 153rd Street along the north side of the site and along Cedar Avenue on the west side for two different canopies. The canopy on the the north side was constructed—so approved, constructed, done—but there was a lag, a delay with constructing the canopy along Ceder Cedar Avenue. There were some structural issues that that caused that to delay, so they are back then with the request for the 25t variance since it's lapsed since the previous approval. So the architectural site plan shows the size of the canopy. It'll range in size from about 8 and 1/2 ft wide to about 10, a little bit over 10, depending on kind of the building articulation, and then the length is 79 and 1/2 ft. It should be noted that this canopy is relatively the same depth, width; the 8 to 10 is similar at from the last from the previous variants, but the the canopy is a little bit shorter, so it doesn't require as much of a variance as the previous requested. So elevations show the the canopy then on the west side of the building, a very Sleek and trim appearance. The canopy is equipped with fans and heaters and provide shade. So on this side of the building, this is the meal pickup area. Staff—they do utilize outdoor staff and they help to run meals or run traffic or direct traffic through the site, so it's to help protect outdoor staff. Other site improvements: in addition to the canopy, Chick-fil-A is also adding a additional drivethru, a double drive-thru Lane, kind of lengthening that to provide additional stacking on site and then plus a bypass lane. This was reviewed by city engineer staff; they have no concerns but they did ask for additional striping and arrows to be painted to provide more direction throughout this site. This is a photo of the site taken earlier this spring, so the the plantings haven't quite leafed out fully yet, but this is the the west side of the building. The existing kind of—there are small kind of awnings over the windows, so the canopy will fully replace all of that. And then this is a view of some of the the plantings; the plan is to keep the mature vegetation so that'll help to screen it from Cedar Avenue. And then this is a view of the north canopy that was constructed in 2022, and then this is a view on the—I believe the north side of the site, I can't quite Orient myself. So practical difficulties: when the city reviews a variance request, it reviews whether or not the appc has met the requirements for a practical difficulty. There are two things that the city looks for. First, the definition of practical difficulties: the applicant proposes to use the property in a reasonable manner not permitted by the zoning Provisions; the plight of the applicant is due to circumstances unique to the property not created by the applicant; the variance if granted will not alter the essential character of the locality and economic considerations alone do not constitute practical difficulties. The second test or consideration are the factors. The factors to determine whether a practical difficulty exists: special conditions apply to the structure or land that are particular to the property, do not apply generally to other land or structures in the area; granting of the proposed variants will not be contrary to the intent of the chapter; special conditions are circumstances do not result from actions of the owner or applicant; granting the variance will not merely serve as a convenience but is necessary to alleviate practical difficulty; and the Varian is that's requested as the minimum variance necessary to alleviate the Practical difficulty. So when staff reviewed the request, we did note nine findings that are listed in the staff report, kind of reiterating the past, the variances the buildings got, the previously approved variances in 2021. The canopy again along 153rd was constructed but because of constructural issues along Cedar, that did not move forward, so it's just a matter of kind of coming back and reapplying for the variant. The canopy will cover existing impervious surface so there's no addition. Outdoor staff—making them comfortable helps to keep traffic moving, so that's a benefit. The site is heavily landscaped and no Landscaping is proposed to be removed for the canopy project. So with that Madam chair, staff is recommending approval of the variance reducing the setback for the mere meal delivery canopy based on the nine findings that I breathe through very quickly and then subject to the five conditions that are listed on the slide and in the staff report. A motion to recommend approval of the variances based on the findings, the nine findings, and subject to the five conditions would approve the project or would move the project along consistent with staff's recommendation and I'd be happy to take questions if there are any. [10:56] Chair CTS: Okay you guys messed me up because there's one missing here so commissioner appr it. [11:00] Commissioner: Yes, yes. Uh, thank you chair CTS. Kathy, just out of curiosity, when this was approve approved previously, what were the structural challenges that prevented it from being installed at that time and how have they overcome that? [11:43] Kathy Bodmer: The—I believe now, I did maybe I shouldn't go there because I don't know for sure, I don't know for sure. Um, it I believe that it had to do with taking into consideration snow load and the fact that they were trying to do a canopy that was very sleek and built into the building. The new design does have more structural support, so they do have posts constructed near the building, so it's not quite as floating as the other one was. [12:12] Chair CTS: Thank you Kathy. I have a question. I don't know if you can answer it or if the applicant has to answer it but yeah, so in those Lanes those Lanes there—so when they come out to bring their food, the employees, and say that Paul's in front of me and I'm in back of him and my food comes, are you going to have enough room with those poles and everything to bypass? Is there going to be a bypass lane or no bypass lane? [12:25] Kathy Bodmer: Madam chair, I think I call on kimley horn to help with that. Um, the the drive-thru Lanes aren't completely Under The Canopy, just the part of the drive-thru that's against the building, so but the two lanes are outside of that. [12:35] Chair CTS: Okay so I was thinking it was over those two lanes. So it's only over that one lane, yes? So it's—but even when you put those posts there though, you know what I'm saying? It—it's so how it's designed is the the posts are near the building and then the canopy Canal levers post free. Oh, they're post free? Yeah, okay. So the posts—what what they had done before is they had designed tying it more into the building so that there were no posts, but now they're doing posts but they're putting the posts up closer to the building. Okay. I believe that's how it was designed. That right, lanan, by the window through here? Yeah, you might want to come up to the front so we can hear you, sorry. [13:28] Max (Kimley-Horn Representative): My name is Max, I'm with kimley horn. Um, but I believe the post for the canopy will be within the curb so it shouldn't be affecting the existing Drive AIS. [14:03] Chair CTS: Okay, so can still bypass? I believe yes because otherwise it doesn't make sense to me if the people are coming to bring your meal because they're—you've been waiting for a while or else you have like a go to number one or two or three and sit there and they bring the food that way. I think so. [14:26] Max (Kimley-Horn Representative): I not on the operations of the chickf Foy, um, but I don't think the canopy itself is affecting how the Drive aisle or drive-thru works. It's just adding coverage staff—which staff wants to speak to me, you okay? [14:38] Engineering Staff: Madam chair, members of the commission. Uh, while engineering didn't specifically review this from an operational standpoint, we did notice that the the columns, the structural columns, are out of the way and that there there would be nothing that would prevent cars from behaving kind of as they do now to to get around. [14:55] Chair CTS: Appreciate it, thank you. Um, commissioner Hass. [14:58] Commissioner Hass: Thank you chair CTS. Um, I was wondering on this—this was previously approved and is there any changes in the lighting or anything like that for the from the previous approvals? Is that going to be any additional lighting towards Cedar Avenue and and traffic in infringements? [15:19] Kathy Bodmer: That's a good question, chair. Um, the one of the conditions that's set out says that they do need to provide us with the lighting plan. So we have not gotten to that level of detail but we will review it to make sure that they're not exceeding the requirements. [15:39] Commissioner Hass: Very good. [15:41] Chair CTS: Anybody else? Okay, I have a motion. M, you'd like me to get to it, there we go. [15:53] Commissioner Scanlan: Thank you madam chair. I recommend approval of a variance reducing the setback for a meal delivery canopy from 50 ft to 25 ft from Cedar Avenue based on the findings 1-9 and subject to the conditions listed one through five in staff report. [16:21] Commissioner Schindler: Second. [16:22] Chair CTS: That motion was made by commissioner scanland and seconded by commissioner Schindler. Any discussion? If not, all those in favor signify by saying I. [I I I] Oppose nay. Motion carries. Great, thank you. Thanks Kathy. So that brings us to number six, other business already. Uh, Tim benetti. [16:48] Tim Benetti: Thank you Madame chair, members of the commission. Uh, just a reminder, your third meeting of the—of Wednesday of the month would be 19, the June 19th. That is a a recognized holiday, so we have moved that to that following day of Thursday, June 20th. At this time we may or we may not have any items for that night so we might be giving you a night off there. Um, also in July we are skipping to July 3rd for obviously uh reasons of the July 4th weekend or week, and we will be hosting another meeting on Wednesday July 17th followed by councils on June 13th and July 11 respectively. If you have any questions I be happy to take them. [17:29] Chair CTS: Questions for Tim? Thank you Tim. [17:31] Tim Benetti: You're welcome. [17:32] Commissioner Schindler: Move we adjourn. [17:33] Commissioner Scanlan: Second. [17:34] Chair CTS: Motion this time made by Mr Shindler, commissioner Schindler, and second by commissioner scanland. All those in favor signify by saying I. [I I I] Oppose nay. This meeting has been adjourned.