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HomeMy WebLinkAbout2013-07-02 P & Z Packet PLANNING AND ZONING COMMISSION eryi(Ce MEETING AGENDA TUESDAY, JULY 2, 2013 6:30 p.m. I. CALL TO ORDER IF YOU ARE UNABLE TO 1. Roll Call MAKE THIS MEETING, IL APPEARANCES /PRESENTATION(S) PLEASE LET US KNOW AS SOON AS POSSIBLE. THANK III. PUBLIC HEARING (S) YOU! 1. Variance Request, 7247 Main Street - Allow Replacement of Two (2) Accessory Structures Currently Located in Front Yard to be Replaced by One (1) New Accessory Structure — Accessory Structures Required to be Placed in Rear Yard IV. OLD BUSINESS V. NEW BUSINESS 1. Adopt Findings & Recommendation — 7247 Main Street 2. Consider Re- scheduling August 6, 2013 Meeting — Night to Unite? VI. DISCUSSION ITEMS VII. CONSIDERATION OF MINUTES 1. June 4, 2013 Planning & Zoning Commission Meeting Minutes VIII. ADJOURNMENT *REMINDERS ** City Council Meeting — July 10. 2013 6.30 p.m. Council Chambers City Council Meeting — July 24, 2013, 6:30 p.m. Council Chambers Parks & Recreation Committee Meeting — June 10, 2013. 6:30 p.m. Hidden Spring Park, 1601 LaMotte Drive Planning & Zoning Commission Meeting — August ?, 2013, 6:30 p.m. Council Chambers 23' Annual Festival of the Lakes - July 26, 2013 - All -Star Softball Game, 6 -7:00 p.m., Kickball Tournament, 6 -9:00 p.m., - Live Music'. 6:30 p.m. - Midnight, Fireworks, Dusk & Food & Beverages, 6-11:30 p.m. July 27, 2013 - 8K & 5K Run /Walk, Hidden Spring, 8:00 a.m., Kids Free Fun Run (LaMotte Park), 9:00 a.m., Softball Tournament, 9 -8:00 p.m., Kickball Tournament, 9 -4:00 p.m., Parade, 11 :00 a.m., Inflatable Kids Rides (LaMotte Park), 12:00 (noon) -8:00 p.m.. Kelly's Korner Volleyball Tournament, 12:00 (noon) -Done, Free Yoga in the Park (Hidden Spring), 3:00 p.m., "Ware Road Band" (LaMotte Park Hockey Rink). 8- Midnight & Food & Beverages, 9-11:30 p.m. July 28, 2013 - Softball Tournament, 9 -5:00 p.m., Raffle, 3:00 p.m., Food & Beverages, 9 -5:00 p.m. NOTICE OF HEARING The City of Centerville Planning and Zoning Commission will hold a public hearing on Tuesday, July 2, 2013 at the Centerville City Hall, 1880 Main Street in the Council Chambers beginning at 6:30 p.m. or shortly thereafter on the following matter: ITEM: Variance PETITIONER: Mr. & Mrs. Tim Herr PROPERTY I.D. #: #R15- 31 -22 -44 -0043 LEGAL DESCRIPTION: (Partial) Part OF LOT 9 AUD SUB NO 046 REV ADDRESS: 7247 Main Street The petitioner requests that the City grant a variance to allow the construction of a new accessory structure (replacing two (2) old structures) in the front yard. Accessory buildings are normally limited to the rear yard. City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received before 4:00 p.m., June 28, 2013. All persons interested are invited to attend and to be heard or may submit in writing their concerns. You may contact the City Clerk's office at (651) 429 -3232 or by facsimile (651) 429 -8629 if you need additional information. Published in the Quad Community Press June 18, 2013. ► OS NNED �11 * City Review will cease if costs APPLICAT VARIANC exceed deposit and deposit is not replenished. Date: &' 20/3 Fee: $300.00 De posit* Zoning: Z- Applicant: - flint 4 LK'A P004- Street Address: 12 MkiA &) - Oyea+ Phone: bS 1- 2 - 1 1- 11 - ?, - 7 City /State /Zip: bvN � eY V %- I I e- JAK <5" 3 $ Status of Applicant: Owner X Lease Holder Other Legal Description of Property: Z� - i /-`-3/ Z2 -- DD 1 3 Street Address (subject property): 54"6 AS AP vI/t Description of Request: i a►h CX f (�k� CC e o:-e L/ 64t s 1, h n 1 Request: Y l` w i3k ` j�� Reason for Re f ' q 9c� % f �ae ti 4e� r- 1 a l . Ga /w �� f 6 r /eve ve., i 44,T Variance may be considered to allow adjustment to the literal provisions of the zoning chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. "Undue hardship" means that the property cannot be put to a reasonable use if the conditions of the zoning ordinances are followed, that the property owner's particular circumstances are unique and not self- created, and that granting a variance will not alter the essential character of the locality or neighborhood. Economic hardship alone will not constitute undue hardship. Minnesota Statutes and City Code require that a variance meet all of the following standards: (1) The variance is in harmony with the purposes and intent of the zoning chapter of this code; (2) The variance is consistent with the comprehensive plan; and (3) The proposal puts the property to use in a reasonable manner; and (4) There are unique circumstances to the property not created by the landowner; and (5) The variance if granted, will not alter the essential character of the locality; and Variances will not be granted to allow a use that is otherwise not a permitted use in the zoning district in which the subject property is located. Signature of Applic t: *By paying the above stated fee, I understand that I am paying the costs of processing this request even though the outcome of Council's action may be denial of the request. CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regular meeting on June 4, 2013, at 6:30 p.m. PRESENT: Chairperson Darrin Mosher Commissioner Eric Larson Commissioner Thomas Wood Commissioner Russ Koski 10 Commissioner Olaf Lee ABSENT: Commissioner James Flint Commissioner Matthew Montain (Leave of Absence) STAFF: Administrator Dallas Larson O PRE C ouncil Member Love I. CALL TO ORDER. The meeting was called to order by Chairperson Mosher at 6:30p.m. 1. Roll Call II. APPEARANCES None III. PUBLIC HEARINGS a. Petition for Front Setback Variance - 7261 Main Street The Commission opened the public hearing to consider the proposed variance which would allow an encroachment of up to 13 feet into the front -yard setback facing Main Street. Mr. Jeffrey Magdik was present to answer questions regarding the proposed variance. The following persons were present to speak with regard to the variance. Ms. Elizabeth Wegner, owner of the property to the north, expressed that they did not object to the variance. They would like to have purchased the property for a garage, but understood the city's desire to have a new home on the land. Being no one else who wished to speak with regard to the variance, a motion was made by Commissioner Wood, seconded by Commissioner Larson to close the public hearing. All in favor. Motion carried unanimously. b. Request for Conditional Use Permit — 7093 — 21 Avenue North (King Core & Metals), Core & Scrap Dealer Mr. John HaluptzokBuilding Owner Craig Kozar. Page 1 of 4 City of Centerville Planning and Zoning Commission June 4, 2013 The Commission opened a public hearing on the Request for Conditional Use Permit 7093 — 21" Avenue North (King Core & Metals). Mr. Haluptzok applicant, and the building owner, Mr. Kozar were both present to answer questions regarding the request for conditional use permit. The both reiterated that no activities related to the recycling business would be conducted outside the building. The Commission asked several questions about the business and how it would be conducted. The Commission viewed pictures of recycling materials that are on the applicant's website that showed large amounts of recycled materials stored outside. Mr. Haluptzok assured the commission that no materials would be stored outside the building. He stated that all materials collected would be in totes or on pallets inside the building. Mr. Haluptzok acknowledged that he had read the draft Conditional Use Permit and agreed to abide by all of its terms. It was pointed out that the Commission could review the permit in one year and impose additional conditions if issues came up that were not contemplated. No one appeared to speak in regard to the proposed Conditional Use Permit (CUP), however a written communication was received from Katie Larson on behalf of the City of Lino Lakes expressing some concerns on how the business would operate. Those concerns were addressed in the draft CUP. There being no one present who wished to speak with regard to the proposed conditional use permit, a motion was made by Commissioner Larson, seconded by Commissioner Koski to close the public hearing. All in favor. Motion carried unanimously. IV. OLD BUSINESS None V. NEW BUSINESS. 1. Petition for Front Setback Variance - 7261 Main Street The Commission discussed the request for setback variance from Mr. Jeffrey Magdik which would allow a thirteen foot variance from the setback. Commissioners noted that the adjoining neighbor did not object to the variance and other properties on Main Street would not be affected by the setback on this property. Motion by Commissioner Koski, seconded by Commissioner Lee that Commission adopt the findings in favor of the variance and recommending approval to the City Council. Voting in Page 2 of 4 City of Centerville Planning and Zoning Commission June 4, 2013 favor, were Commissioners Mosher, Koski and Lee. Voting against were Wood and Larson. Motion carried. 2. Request for Conditional Use Permit — 7093 — 20 Avenue North (King Core & Metals), Core & Scrap Dealer Mr. John Haluptzok/Building Owner Craig Kozar The Commission discussed the draft Conditional Use Permit. It was noted that the applicant has reviewed the draft and agrees to abide by its terms. Motion by Commissioner Larson, seconded by Commissioner Koski that the Commission adopt the findings in favor of the Conditional Use Permit and recommend approval to the City Council. All in favor. Motion carried unanimously. 3. Request for approval of Lot Split -7230 LaValle Drive. The owner of the property at 7242 LaValle Drive has requested an exception to the subdivision requirements to allow a small amount of land to be conveyed from the neighbor's property to be added to their lot. The City Code Chapter 153 allows an exception to remove a portion of one lot and add it to an adjoining lot where it doesn't cause any nonconformity with district lot requirements for the remainder of the parcel. Motion by Commissioner Lee, seconded by Commissioner Wood that the Commission adopt the findings in favor of approval of the exception, and recommend approval to the City Council. All in favor. Motion carried unanimously. 4. Request for lot split 7387 Old Mill Road. The Commission received an application to split Lot 1, Block 1, Clearwater Creek Estates. The applicant proposes to add half of the lot to the property at 7383 Old Mill Road and the remainder of the lot to 7389 Old Mill Road. Administrator Larson suggested that the split may not meet the exception requirements of Chapter 153 and that it may conflict with the Comprehensive Plan and City Council goal to maximize the tax base and grow the population to over 5,000. Applicant Robert Chiodin was present to answer questions and to push for approval of the split. Motion by Commissioner Lee, seconded by Commissioner Larson that the Commission recommend approval of the split. Voting in favor: Lee and Larson. Voting against: Mosher, Koski & Wood. Motion failed. 5. Request of Tim and Lisa Herr, 7247 Main Street for a variance to allow an accessory building to be constructed in a front -yard. Mr. Herr explained that he is replacing two existing buildings that are in the front yard and noted that the entire rear yard is regulated by the 75 foot setback from Centerville Lake. Page 3 of 4 City of Centerville Planning and Zoning Commission June 4, 2013 Motion by Commissioner Lee, seconded by Commissioner Wood that the Commission schedule a public hearing at the next meeting to take public comment on the proposed variance. All in favor. Motion carried unanimously. VI. DISCUSSION ITEMS None VII. CONSIDERATION OF MINUTES 1. Planning & Zoning Commission Meeting Minutes of May 7, 2013 Motion by Commissioner Lee, seconded by Commissioner Larson to approve minutes from the May 7, 2013, meeting. All in favor. Motion carried unanimously. VII. ADJOURNMENT Motion by Commissioner Wood, seconded by Commissioner Koski to adiourn the meeting at 8:25 p.m. A11 in favor. Motion carried unanimously. Transcribed by: Dallas Larson, Administrator Page 4 of 4