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HomeMy WebLinkAbout2013-06-04 P & Z Minutes - Approved 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 Commissioner Olaf Lee ABSENT: Commissioner James Flint Commissioner Matthew Montain (Leave of Absence) STAFF: Administrator Dallas Larson OTHERS PRESENT: Council 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. st b. Request for Conditional Use Permit ~ 7093 – 21 Avenue North (King Core & Metals), Core & Scrap Dealer Mr. John Haluptzok/Building 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 ~ st 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. st 2.Request for Conditional Use Permit ~ 7093 – 21 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 72013, meeting. All in favor. Motion carried unanimously. , VII. ADJOURNMENT Motion by Commissioner Wood, seconded by Commissioner Koski to adjourn the meeting at 8:25 p.m. All in favor. Motion carried unanimously. Transcribed by: Dallas Larson, Administrator Page 4 of 4 Planning & Zoning Commission Report and Recommendation. The Planning & Zoning Commission met on June 4, 2013, to consider a request of Jeffrey Magdik, Home Detail, Inc, for a variance from front - yard setback requirements at 7261 Main Street, Lots 14, Block 2, Burque Addition Number 1, City of Centerville. Findings: 1. The Planning and Zoning Commission heard and considered all testimony of interested persons submitted in writing and in person during the public hearing and input process. 2. The proposed setback would encroach thirteen feet into the required 35 foot front -yard adjoining Main Street. 3. The property is subject to a 75 foot rear -yard setback do to lake frontage, and being a corner lot has a 35 foot setback from both Peltier Lake Drive and Main Street. 4. The need for a variance is substantially caused by the taking of twenty -five feet of additional right of way by Anoka County to reconstruct Highway 14. After the taking, the lot has approximately 2400 square feet of buildable area, but the buildable pad is triangular in shape, making it much more difficult. 5. The variance in the setback would not be for the entire length of the building, but because of the triangular shape of the lot, would be variable, provided that approximately 350 square feet of structure would be in the setback area. 6. The use is consistent with the Comprehensive Plan. The use and building type meets the requirements of the Comprehensive Plan. Constructing a dwelling on this parcel is in keeping with a stated goal of the city, which is to maximize the tax base and utilization of available land. 7. The applicant provided evidence that the property could not be developed in a reasonable manner if the city imposed the normal setback requirements. 8. The alleged difficulty or hardship has not been created by any persons presently having an interest in the parcel of land. Special circumstances exist that are peculiar to the land, structure or building involved and do not result from the actions of the petitioner. The Commission finds that the unique circumstances of the property is substantially caused by the condemnation and taking of a portion of the property by Anoka County, effectively reducing the amount of property available for building. 9. The Commission finds that the applicant has demonstrated that the variance proposed is the minimum necessary to accomplish the permitted use. The Commission has identified conditions that will mitigate any adverse impact that granting the variance would have on adjoining properties and such are included in the recommendation. RECOMMENDATION. The Planning Commission finding that the standards for granting a variance have been met, and recommends that the variance be granted to allow a building setback encroachment of thirteen feet as shown on the attached plan, subject to the following: 1. The applicant will be required to satisfy all building permit and City code requirements for the construction of the proposed structure. 2. The applicant shall construct a driveway turn- around, so vehicles are able to head front first into Main Street (CSAH 14). 3. This variance shall expire if the approved plan is not implemented and the building constructed within twenty - four months of the date of the approval by the City Council. June �t , 2013 Planning and Zoning Commission Dallas Larson, Administrator