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HomeMy WebLinkAboutPC 09-07-2005 ~ . ---A~HILLS CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION MINUTES WEDNESDAY, SEPTEMBER 7, 2005 7;00 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER Chair Sand called the meeting to order at 7:08 p.rn. ROLL CALL Present were Commissioners Clayton Larson, Ken Bezdicek, Clayton Zimmerman, Roberta Thompson, David McClung, and Chair David Sand. Absent: Commissioner Elizabeth Modesette. Also present were Mayor Beverly Aplikowski; Councilmember David Grant, City Planner Peter Hellegers, and Recording Secretary Kathleen Altman. . A. APPROVAL OF MINUTES FROM PLANNING COMMISSION MEETING HELD ON SEPTEMBER 7. 2005. Commissioner McClung requested the following change: Page 2, paragraph 4 to read: "Commissioner McClung suggested that the Planning Commission discuss amending the city zoning code at some future point so that issues such as this can be approved administratively instead of having to come to the Planning Commission and Council." Commissioner Zimmerman moved, seconded by Commissioner Thompson to approve the August 3,2005 minutes as amended. The motion carried unanimously (6-0). PUBLIC HEARINGS A. PLANNING CASE #05-19 - RICHARD KOTOSKI AND KIM BRYSON D/B/A BRYSON WOODS. 2233 DELL WOOD STREET. ROSEVILLE. MN; PRELIMINARY PLAT (1978 THOM DRIVE) Mr. Hellegers stated applicants were requesting a preliminary plat. He indicated the applicant is proposing to subdivide the existing lot at 1978 Thom Drive, originally platted as Lot #20 under the Rohleder's Home and Garden Acres Plat of 1938, into three single . family lots. All of the proposed lots would meet the minimum area for lots in the R-2: Single and Two Family Residential Zoning District. Staff recommended approval of the Preliminary Plat after making a finding that the proposed variances are not merely inconveniences, the conditions upon which the variances are based are unique to the ------------ ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 7,2005 2 . property, and the variances will not be substantially detrimental to the public welfare and are in concert with City regulations; subject to the following conditions: 1. Recording with Ramsey County. The applicant shall file the Final Plat with the Ramsey County Recorder and shall provide the City with a recorded copy. 2. Compliance with City Code. The applicant shall comply with applicable provisions of the City Code and related ordinances. 3. Park Dedication. Satisfaction of the park dedication requirement as proposed by the City Council. 4. Necessary Approvals from Other Agencies. The applicant shall obtain all necessary pernlits from the Rice Creek Watershed District, Ramsey County, the State of Minnesota Department of Natural Resources and allY other governing agencies where applicable. Mr. Hellegers also recommended a condition #5 stating that the existing structures shall be removed prior to the issuance of building permits for new construction. Commissioner Larson asked if the zoning code required a minimal buildable area. Mr. Hellegers replied it called for minimum lot sized, but not minimal buildable area. Commissioner Larson asked if the applicant has provided a layout as to whether the house would fit on Lot 1. Mr. Hellegers presented applicant's proposal. . Commissioner Larson stated he would not look favorably in the future variances to construct a home on this lot because it was an odd shaped buildable area with a lot of easements. Commissioner Zimmerman asked if there had heen any effort to calculate the square footage on these three lots. He noted Lot 3 was already a wetland and if Lots I and 2 were built on, that would make Lot 3 even wetter. Chair Sand asked what the sideyard setback requirement was. Mr. Hellegers replied it was five feet. Commissioner Larson asked if habitable space can go up to six feet in R-2. Mr. Hellegers replied that was correct. Chair Sand asked if anyone had calculated the buildable square footage on Lot 1. He noted it appeared it was very tight to put a house on this lot. Commissioner Thompson asked if there was anything from an engineering perspective that would be a concern on Lot 3. Mr. Hellegers replied here were no engineering concerns and soil borings had been done. Chair Sand opened the public hearing at 7:22 p.m. . Chair Sand invited anyone for or against the Preliminary Plat to come forward and make comment. , , , ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 7, 2005 3 . Richard Kotoski, applicant, stated the lot was odd sized, but it was a large lot. He noted the building envelope of the lot was 6,175 square feet (Mr. Hellegers later stated the correct building envelope was approximately 3,087.50 square feet due to the triangular shape of the property). He stated the lot was perfect for a walk-out, two-story home. He presented two home examples. He stated they would not be asking for a variance and the lot was large enough for the type of home he was proposing to build. Commissioner McClung stated he was concerned about the buildable space and how applicant was going to deal with the grade change. He asked how that would be addressed. Mr. Kotoski replied the garage would be at the higher level and there would not be a significant amount of grading that would occur. He noted the lower level would be a walk -out to the side. Commissioner Zimmerman asked if Mr. Kotoski had bought the property for development. Mr. Kotoski replied that was correct. Commissioner Larson asked if the drainage would be to the back of the lots. Mr. Kotoski replied they would not be creating new drainage and the draining would be left as it was now. Commissioner Larson noted they could not drain onto neighboring properties. Mr. Kotoski replied the drainage would be kept on this land. . Commissioner Bezdicek asked if the drainage on Lot I would go to Lot 2, or away from the property. Mr. Kotoski replied the drainage would go to the back of the property away from it. Chair Sand asked if the grading plan was that submitted with the final plat. Mr. Hellegers responded applicant would need a water drainage plan so it would not affect neighboring properti es. Chair Sand asked if this would be a condition of approval. Mr. Hellegers replied they could add that as a condition of their approval. Chair Sand requested a condition be added that a grading and drainage plan be submitted and reviewed hy staff and the City Engineer prior to any permits being issued. Chair Sand asked what the property to the south of applicant's property was. Mr. Kotoski replied it was the railroad. Commissioner Thompson asked if staff had been in contact with the owners of Lot 19. Mr. Hellegers replied the residents of Lot 19 had been notified of this public hearing, but he had not heard anything from those residents. Mr. Kotoski stated he wanted to plat this development with nice, aesthetic lots preserving . as many trees as possible. Commissioner Bezdicek asked if the building envelope would be 3,000 square-feet. Mr. Kotoski responded that was correct. ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 7, 2005 4 . Commissioner McClung stated there was no interest from the Commission to come back and entertain variances for setbacks, etc. Mr. Kotoski stated he would not be coming back and request any variances for the homes because the pads were large enough to build on. Commissioner Larson stated he would not entertain a variance for decks or patios either. Mr. Kotoski responded a variance for these types of amenities would not be necessary. Chair Sand closed the public hearing at 7:38 p.m. Commissioner Larson stated the Planning Commission has made a finding that the proposed variances are not merely inconveniences, the conditions upon which the variances are based are unique to the property, and the variances will not be substantially detrimental to the public welfare and are in concert with City regulations. Commissioner Larson moved, seconded by Commissioner Bezdicek to recommend approval of Planning Case No. 05-19, Richard Kotoski and Kim Bryson dlbla Bryson Woods, 2233 Dellwood Street, Roseville, MN; Preliminary Plat (1978 Thorn Drive) subject to the conditions as outlined in staffs September 7, 2005 report, the addition of the fifth condition for removal of structures, and adding the following conditions: That a grading and drainage plan must be submitted to the City for review prior to the issuance of any building permits; and ?? . Commissioner Zimmerman stated he did not feel this was consistent with the rest of the neighborhood and he did not believe the lots were large enough to work. He stated applicant had demonstrated that a house would fit on Lot I and Lot I fell within their guidelines. He stated he was not concerned about this because ofthe shape of the lot. The motion carried (5-1 Commissioner Zimmerman opposed). B. PLANNING CASE 05-20: PAUL RUPPEL, 1541 MILLPOND CT., CHASKA. MN: FIVE-FOOT SIDE YARD SETBACK VARIANCE FOR A DETACHED GARAGE (1911 GLEN PAUL AVENUE) Mr. Hellegers stated applicant was requesting a five-foot side yard setback variance for a new detached garage in approximately the same location as the existing garage. Staff recommended approval of the five-foot side yard setback for a new detached garage after making the findings that the variance meets the hardship criteria and would not have an adverse impact on surrounding properties or the City as a whole. Commissioner Larson asked if this lot were clear and a new home was built on this site, what would be the garage space required. Mr. Hellegers replied there was no minimum garage space requirement, but from a functional standpoint, it would not be practical. Commissioner McClung stated if a new home was built today, it would probably have an . attached garage. Commissioner Larson stated in the community where he worked, they required a minimum oftwo car garage. . ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 7, 2005 5 . Commissioner Bezdicek asked if the City has set precedence in this area previously. Mr. Hellegers responded the City has approved variances for similar variance requests in this neighborhood where the applicant was replacing an existing garage. Chair Sand opened the public hearing at 7:50 p.m. Chair Sand invited anyone for or against the variance to come forward and make comment. There were no comments made. Chair Sand closed the public hearing at 7:51 p.m. Commissioner Thompson asked if they had heard anything from the adjacent resident. Mr. Hellegers responded he had not heard anything from them. Commissioner Zimmerman movcd, scconded by Commissioncr Thompson to approvc Planning Case No. 05-20, Paul Ruppel, 1541 Millpond Ct., Chaska, MN; for a 5-foot side yard sctback accessory variance to allow for the construction of a new garage in approximatcly thc same location as the existing garage and makes thc findings that the variance mccts the hardship criteria and would not have an adversc impact on surrounding propertics or thc City as a whole. . Thc motion carricd unanimously (6-0). C. PLANNING CASE 05-07: CITY OF ARDEN HILLS, 1245 W. HIGHWAY 96; ZONING ORDINANCE TEXT AMENDMENT (COVERED FRONT PORCH REGULATION) Mr. Hcllegers stated prcviously the Commissioncrs discuss cd and considcrcd Ordinance #366 which would amend scction 6.C.2.d of thc Zoning Ordinance by inscrting new subsection 6.C.2.d.3 into the Zoning Ordinance, allowing for front porches of up to ten feet and with a minimum sctback of 25 fcet from the front or sidc-yard comer propcrty lincs, which meet design standards to be allowed subject to staff rcview and approval in areas where thc plats wcre crcated Witll setbacks less than 40 feet. He stated since it was not anticipated that whole ncighborhoods had different sctbacks thaOthe Zoning District standards thc idea of a different allowance for covcred front porchcs in such neighborhoods seems to be fair. Therefore, staff recommends approval of Ordinance #366. Chair Sand opened thc public hearing at 8:09 p.m. Chair Sand invited anyone for or against the amendment to comc forward and makc commcnt. . Joan Furlong(?sp), 704 Chatham Cirele, stated thcy were looking to put a front porch on her homc, as well as othcr residents in her neighborhood. Shc noted bccause of thc setback, thcy were not allowed undcr the currcnt code to put on a porch. She indicated they could put an overhang on their front stoop, but this was not what they were looking for. Shc rcquestcd the Commissioncrs approve this rcquest. ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 7, 2005 6 . Chair Sand asked if they were intending to increase the overhang and add a porch area which would mimic some of the other homes in the area. Ms. Furlong replied that was correct and they would like it to be consistent with the design of the rest of the neighborhood. Commissioner McClung noted most of the homes that had the overhang did not have porches. Ms. Furlong responded those residents who had the overhangs would like to add porches under their overhangs. Chair Sand stated from an aesthetic standpoint, a front porch would add to the look and would improve neighborhood communication. He noted the Chatham neighborhood was a unique situation because when that neighborhood was built, the setback requirements were different than they were today. He stated he would not vote in favor of this if it was just for the Chatham neighborhood, but this would encompass the entire City. He believed it would increase the value of the homes in the City and would benefit the City as a whole. Commissioner McClung asked where else in the City did they have situations such as this. He stated he was not opposed to this, but he wanted to make sure this was done right for everyone in the City. Chair Sand agreed they did not want to have this keep coming back. . Commissioner McClung stated he was concerned that the language they had in front of them was too specific to the Chatham neighborhood. He suggested they look at the language further to make sure that it solved all of the problems in the City. Commissioner Zimmerman stated this would allow all neighborhoods to have a porch as long as it met the requirements of 25 feet. Anyone wanting a variance of 25 feet would need to come to the Commission for approval. Chair Sand indicated they could have a second public hearing in order to elarify Commissioner McClung's concerns. Commissioner McClung stated he hoped staff would be able to catch any potential problems out there that were not covered under the proposed language. Commissioner Larson stated in what they were doing was if they delete the PUD and SUP they could go to 25 feet, so they were increasing what was allowed under items I and 2 by five feet. He indicated he believed this language would inelude most neighborhoods. Mr. Hellegers responded staff had found only one other neighborhood, Benton Way, that had different setbacks. Chair Sand noted overhangs of one foot or less, had a tendency for water infiltration and a larger overhang was better from a water safety standpoint. He stated he was not . adverse to holding a second public hearing, but he tended to be in favor of this request, however he did not want it singled out to the Chatham neighborhood. Chair Sand closed the public hearing at 8:31p.m. ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 7, 2005 7 . Commissioner McClung asked Commissioner Zimmerman what language he was proposing to be stricken from the ordinance. Commissioner Zimmennan replied he suggested striking the following language "and were established through a planned use pemlit..." Commissioner McClung stated he was concerned about the 25 foot requirement. He stated he wanted more time to think about this and how it impacted other neighborhoods. Commissioner Larson stated he agreed and it was their purpose to adj ust the ordinances to reflect what people wanted to do with their homes and avoid variances. He stated he also wanted to be assured that the requirements stayed and were not being changed. He suggested staff do a survey as to other neighborhoods that might be affected by this change. Chair Sand stated it appeared the consensus was to vote on what they had striking the language Commissioner Zimmerman suggested or continue this to a second public hearing. Mr. Hellegers suggested they cut the language entirely and change sections I and 2 to 25 feet. Commissioner Bezdicek suggested staff bring the proposed language back to the Commissioners at their next meeting. . Commissioner Bezdicek moved, seconded by Commissioner McClung to Table PlaJUling Case No. 05-07, City of Arden Hills, 1245 W. Highway 96; Zoning Ordinance Text Amendment (Covered Front Porch Regulations). The motion earned unanimously (6-0). UNFINISHED AND NEW BUSINESS None. REPORTS A. Planning Commissioners None. B. Staff None. C. Council Member Mayor Aplikowski and Council Member Grant updated the Commission on recent City . Council actions. . ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 7,2005 8 ADJOURNMENT . Commissioner Zimmerman moved, seconded by Commissioner Larson to adjourn the meeting at 9:14 p.m. The motion carried unanimously (6-0). e .