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HomeMy WebLinkAboutPC 07-09-2003 , MINUTES CITY OF ARDEN HILLS, MINNESOT A PLANNING COMMISSION . WEDNESDAY, JULY 9, 2003 7:00 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER Chair David Sand called the meeting to order at 7:00 p.m. ROLL CALL Present were Commissioners Clayton Larson, Ken Bezdicek, Megan Ricke, Clayton Zimmerman, and Chair David Sand. Absent: Elizabeth Modesette and Cathy Smithknecht. Also present were Director of Community Services Aaron Parrish, City Planner Peter Rellegers, and Recording Secretary Robin Leslie. APPROVAL OF MINUTES FROM PLANNING COMMISSION MEETING HELD ON JUNE 4, 2003 . Commissioner Zimmerman requested the following corrections: Page 3, first paragraph under item C, ehange Diaz to dais. Page 4, the last sentence should read: "The motion carried (4-2) (Commissioners Larson and Zimmerman against). Page 5, first paragraph, change repair to repaired. maintained. Commissioner Bezdicek moved, seconded by Commissioner Larson, to approve the June 4,2003 minutes as amended above. The motion carried unanimously (5-0). PUBLIC HEARINGS A. PLANNING CASE #03-16 - DAVID AND MARTHA DOBRATZ, 1440 INDIAN OAKS TRAIL, VARIANCE Chair Sand opened the public hearing at 7:03 p.m. Mr. Hellegers stated the public notice was published in the Arden Hills-Shoreview Bulletin and was mailed out to all property owners within 350 feet of the subject property. Mr. Hellegers explained the applicants were requesting an IS-foot variance from the rear yard setback. The variance would allow construction of a 6-foot addition to the current deck and allow the applicants to construct a pergola, which would have removable screens to provide a bug-free area on their deck. The proposed deck, with extension, . would bring the deck to within twelve feet of the southem property line. The southern property line abuts a heavily wooded area on the northem edge of Floral Park. Mr. Hellegers presented staff's analysis of the request and stated that staff recommended the request for an IS-foot variance to the minimum rear setback be approved. I ARDEN HILLS PLANNING COMMISSION - JULY 9, 2003 2 . Chair Sand questioned the zoning ordinance requirement regarding permanent encroachments into setbacks. The zoning ordinance states encroachments may extend three feet into the required setback for decks and in no case the setback is to be no less than six feet. Re questioned the fact the existing deck is already encroaching more than three feet and now the applicant wants to make the encroachment worse. Mr. Hellegers stated that was correct and that the house is 30-feet from the property line. The existing deck is l2-feet from the property line and the applicant is requesting an additional six-feet of encroachment. The situation was created by the builder of the home by building the home so close to the east property line and the wooded area. The rear of the property is abutted by 29-feet oftree cover and no cover is planned to be removed. Staff considered moving deck to the west but there is a tuck under garage, which would pose problems. The applicant wants to add a pergola to maintain the amenity of a deck so close to the woods, but because of the mosquitoes, it needs to be enclosed. Tn effect, the request increases the non-conforming area but grants the property owner more buildable area. Commissioner Ricke questioned ifthere would be any trees removed in this process. Mr. Rellegers stated that would not be the case. Commissioner Zimmerman asked if the 30-foot setback was established when the house . was built and if the deck was constructed at that time or later. Mr. Hellegers stated he was unaware of any variance for the current deck and was not sure when it was constructed. This could be verified by checking the building permit and he was not certain of which zoning ordinance applied. Commissioner Zimmerman commented that the Planning Commission is continually running into items like this. If the original ordinance requirements are not known, it is difficult to make decisions. Mr. Rellegers replied that information is cross-referenced, but many files prior to I980 have been damaged or destroyed. There is no variance indicated for this property and staff can review the building file for a deck permit. Commissioner Ricke questioned if any other neighbors commented besides those in the packet. Mr. Hellegers answered there were no further comments. Commissioner Larson noted the front deck must have built at the same time as the house due to the nature of cantilever. When the deck was built it was in violation and the hardship was created by the original owner. Re also noted that number five of the report stated other properties have similar issues with but number one stated the circumstances are unique to the property. . Commissioner Zimmerman questioned if there was anything in the park and trail comprehensive plan that would eause park to move closer to this property. ARDEN HILLS PLANNING COMMISSION - JULY 9, 2003 3 Mr. Hellegers stated he spoke to the park operations director and he acknowledged there . were no plans. Mr. Pamsh stated in the original building permit there was no indication of a deck permit. Commissioner Zimmerman asked if that meant there was no permit issued. Mr. Parrish replied that they were not sure and that the City may not have required permits then or it is not uncommon to have people put up decks without permits. In addition, the City contracted for building inspection services at that time and retained limited records. Chair Sand invited anyone for or against the variance request to come forward and make comment. David Dobratz, 1440 Indian Oaks Trail, addressed the issue of the date ofthe deck construction by stating he was pretty certain the deck was built at the same time as the house due to the nature of the cantilevered joists, but could follow up with the original owner, Phillip Anderson. He also stated the original property was his lot and the lot to the east. When his home was built, the home to the east was not there and at some time Mr. Anderson split the lots and built the second home to the east. He also wanted to make it known that something must be done with the current deck because of its age and condition. He would like to utilize the woods but the bugs limit that, therefore, the need for the screened-in pergola. . Chair Sand questioned Mr. Dobratz ifhe considered the option of moving the deck to the west. Mr. Dobratz replied they did not consider the west side because of neighborhood site lines. Chair Sand stated there is a lot of room on the western part ofthe property and has a difficult time considering making a non-conforming use worse when there is an option to the west. Mr. Dobratz stated if they went to the west it would disturb the visual lines for the neighbors to the west and across the street. Commissioner Larson questioned if the property owner came to the building department to rebuild the deck, what would be the action in relation to the encroachment if building in the exact location. Mr. Hellegers stated the application would be reviewed by the building inspector and because the deck is appurtenance to the principle structure it would be dealt with as a non-conforming use. If less than 50 percent is removed or da111aged, the applicant would be granted a building permit to replace the deck using the existing footprint. Chair Sand commented the applicant already has a deck encroaching and wants to . encroach further. He stated he believes the applicant has not made enough effort to accommodate the option to the west. ARDEN HILLS PLANNING COMMISSION - JULY 9, 2003 4 Commissioner Ricke explained these homes are incredibly buffered and this was a unique . circumstance with the 29- feet of woods. She stated for aesthetic reasons and for the neighborhood, the best location for the deck is at the rear of the property. Commissioner Zimmerman stated if the applicant wanted to replace the existing deck the Planning Commission would still need to issue a variance if built to the west. Mr. Hellegers replied that was correct and a variance would be required if extending the non-conforming deck to the east or west. Chair Sand closed the public hearing at 7:54 p.m. Chair Sand stated he was having trouble balancing the various issues and it would be a tough call. Commissioner Larson moved to recommend denial of Planning Case #03-I6, David and Martha Dobratz, I440 Indian Oaks Trail, for an I8-foot variance to the minimum rear setback. The motion failed due to a lack of a second. Commissioner Bezdicek moved, seconded by Commissioner Ricke, to recommend . approval of Planning Case #03-16, David and Martha Dobratz, 1440 Indian Oaks Trail, for an 18- foot variance to the minimum rear setback. The motion carried (4- I Commissioner Larson against). Commissioner Larson stated he was not in favor ofthe variance. The reasons he stated were that it was increasing a non-conforming use; there is area to the west to build; the situation was created by the original owner; and the Planning Commission may be setting a dangerous precedent by using park in lieu of setback area. This Planning Case will be reviewed at the Monday, July 28, 2003, City Council meeting. PLANNING CASE # 03-17 -PATRICIA BEAUDRY, 1860 GLENPAUL AVENUE- VARIANCE Chair Sand opened the public hearing at 8:00 p.m. Mr. Hellegers stated the public notice was published in the Arden Hills-Shoreview Bulletin and was mailed out to all property owners within 350 feet of the subject property. Mr. Hellegers explained that the applicant is requesting a variance to allow construction of a garage five feet from the west property line. Mr. Hellegers presented staffs analysis . of the request and stated staff recommended the variance request of five feet for the side yard interior setback be approved. ARDEN HILLS PLANNING COMMISSION - JULY 9, 2003 5 Chair Sand questioned if staff had heard from other neighbors. Mr. Hellegers stated he . received one phone call and the letter the Planning Commission received tonight in favor of the project. Commissioner Zimmerman questioned what precipitated the variance ifthe old garage was already five-feet from the property line. Mr. Hellegers stated this situation is different from the deck because the deck was appurtenant to the principle structure. In this case, the applicant is removing more tha11 fifty percent of the structure and therefore requires a variance. Commissioner Larson stated instead of working on variances the City should work on recodifying the Zoning Ordinance because of all of the side yard setbacks being granted. Chair Sand questioned ifthe garage were attached to the house it would require a five- foot setback, but because it is detached, it requires 10-feet. He stated he agrees with Commissioner Larson's comments. Mr. Hellegers stated staff has been looking at recodifying the Zoning Ordinance for some time because it has been a problem. Staff is currently reviewing it and it may be ready at the next meeting. Action could be taken at the September meeting and then it would be forwarded to the City Council for final approval. It would then take affect 30 days after . publication. Commissioner Larson questioned if the City changed the code would the variance be rescinded and off the books. Commissioner Zimmerman explained that whatever the zoning ordinance is at the time of the application and the variance would remain. Chair Sand invited anyone for or against the variance to come forward and make comment. Patty Beaudry, 1860 G1enpaul A venue, asked ifthe ordinance was changed would her application fee be refunded and that she cannot move the garage farther to the rear because of the cottonwood tree. Mr. Parrish stated because the cost of mailings, publications and staff time have already been expended, there would be no refund. Chair Sand closed the public hearing at 8:I5 p.m. Commissioner Zimmerman moved, seconded by Commissioner Ricke, to recommend approval of Planning Case #03-I 7, Patricia Beaudry, I860 Glenpaul Avenue, for a five- . foot side yard interior setback variance. The motion carried unanimously (5-0). ARDEN HILLS PLANNING COMMISSION - JULY 9, 2003 6 This Planning Case will be reviewed at the Monday, July 28,2003, City Council meeting. . UNFINISHED AND NEW BUSINESS None REPORTS A. Planning Commissioners None B. Staff Staff updated the Planning Commission on the progress of the recodification ofthe Zoning Ordinance and on developments in the City. C. Council Member None ADJOURNMENT . Commissioner Zimmerman moved, seconded by Commissioner Larson, to adjoum the meeting at 9:05 p.m. The motion carried unanimously (5-0). .