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HomeMy WebLinkAbout2013-07-02 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 July 2, 2013, at 6:30 p.m. PRESENT: Chairperson Darrin Mosher Commissioner Eric Larson O Commissioner Thomas Wood Commissioner Russ Koski Commissioner Olaf Lee Commissioner James Flint Commissioner Matthew Montain ABSENT: None STAFF: Administrator Dallas Larson OTHERS PRESENT: Council Member Love 1. CALL TO ORDER. The meeting was called to order by Chairperson Mosher at 6:30p.m. 1. Roll Call I1. APPEARANCES None M. PUBLIC HEARINGS a. Petition for Variance to allow accessory building in front yard - 7247 Main Street The Commission opened the public hearing to consider the proposed variance which would allow construction of an accessory building in a front yard. Mr. Tim Herr was present to answer questions regarding the proposed variance. The following persons were present to speak with regard to the variance. Mr. Jonathan Hakes, 7250 Main, expressed that he does not object to the variance. He feels that the new structure will be an improvement, as two old buildings will be removed. A written comment was received from Frank and Sharon Zimny, 7252 LaValle Drive, expressing no objection to the proposed variance. 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 hearine. All in favor. Motion carried unanimously. Pagel of 3 City of Centerville Planning and Zoning Commission July 2, 2013 IV. OLD BUSINESS None V. NEW BUSINESS. 1.Petition for Variance to construct accessory building in front yard - 7247 Main Street The Commission discussed the request for variance and reviewed draft findings for approval, prepared by staff. Motion by Commissioner Larson, seconded by Commissioner Koski that Commission adopt the findings in favor of the variance and recommending approval to the City Council. All present voting in favor. Motion carried. 2. Consider rescheduling August meeting in favor of Night to Unite. Motion by made and duly passed to reschedule the August meeting to August 13, 2013. Motion carried unanimously. 2.Request for change in code relating to fencing/privacy screening. Daniel Twohy, owner of the property at 1615 Widgeon Circle was present to request a change in the code relating to fencing, to allow screening of a portion of the rear-yard where a pool or hot tub might be located. The code currently does not distinguish between screening and fencing, in that the height is limited to six feet. He would like a taller fence around the area where his hot tub is located. The Commission was receptive to the change and discussed several ideas on how to change the rules to implement screening of a portion of the rear-yard. Possible regulations could be square footage of screened area being a percentage of the dwelling footprint. Also, having the ability to use an allowed lineal footage and permitting flexibility on where it is placed. Consensus was that screening should be placed in from property lines to comply with setback rules that are applied to accessory buildings. It was understood that the allowed screening could be less than enough to completely enclose a pool-patio area and that the owner would need to place the allowed screening in a way that provides the desired benefit. Motion by Commissioner Larson, seconded by Commissioner Koski that the Commission direct staff to prepare proposed code rules for privacy screening and scheduling a public hearing on the changes at the meeting of August 13, 2013. All in favor. Motion carried unanimously. Page 2 of 3 City of Centerville Planning and Zoning Commission July 2, 2013 VI. DISCUSSION ITEMS None VII. CONSIDERATION OF MINUTES 1. Planning & Zoning Commission Meeting Minutes of June 4, 2013 Motion by Commissioner Larson, seconded by Commissioner Koski to approve minutes from the June 42013, meeting. All in favor. Motion carried unanimously. , VII. ADJOURNMENT Motion by Commissioner Larson, seconded by Commissioner Koski to adjourn the meeting at 7:30 p.m. All in favor. Motion carried unanimously. Transcribed by: Dallas Larson, Administrator Page 3 of 3 Planning & Zoning Commission Report and Recommendation. The Planning & Zoning Commission met on July 2, 2013, to consider a request of Tim & Lisa Herr, 7247 Main Street, for a variance to allow placement of an accessory building in a front yard. 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. City Code, Chapter 156, Sec. 156.107, (A), (3) provides that "no accessory structure shall be erected or located within any required yard except a rear yard." 3. The applicant's property is a lake frontage lot. 4. The property is subject to a 75 foot rear -yard setback due to lake frontage on Centerville Lake and the home is setback approximately the minimum leaving insufficient room in the rear yard for a garage /accessory building 5. The front of the home is setback a distance of approximately 150 feet from the street property line. 6. Due to the extraordinary setback, a variance permitting an accessory building in the front yard, would still allow the accessory building to be set back a distance more than the minimum front yard setback of 35 feet. 7. The use and building type meets the requirements of the Comprehensive Plan. 8. The applicant provided evidence that an accessory building could not be constructed without the variance. 9. 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 justify a variance. 10. 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 finds that the standards for granting a variance have been met, and recommends that the variance be granted to allow constructing an accessory building in a front yard in accordance with 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 remove the two existing accessory buildings located in the front yard. 3. The applicant shall construct the new accessory building no closer to the front property line than the larger of the two existing accessory buildings and shall meet other yard setback requirements of the Code. 4. The applicant shall construct the driveway with a turn- around, so vehicles are able to head front first into Main Street (CSAH 14). 5. 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. July 2, 2013 Planning and Zoning Commission Dallas Larson, Administrator