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Home My WebLink About2013-08-13 P & Z Packet PLANNING AND ZONING COMMISSION erz�i!!e MEETING AGENDA TUESDAY, AUGUST 13, 2013 6:30 p.m. IF YOU ARE UNABLE TO I. CALL TO ORDER MAKE THIS MEETING, 1. Roll Call PLEASE LET US KNOW AS SOON AS POSSIBLE. THANK II. APPEARANCES /PRESENTATION(S) YOU! 1 Oath of Office — Commissioner Mark Haiden III. PUBLIC HEARING (S) 1. Amending City Code Chapter 156, Section 156.006 & Section 156.111 — Fences Adding Language for Inclusion of Special Privacy Screening IV. OLD BUSINESS V. NEW BUSINESS 1. Request for Variance — Construction of Accessory Structure in Front Yard Due to Limited Space in Rear Yard Abutting Lake, 1588 Sorel Street 2. Interim use — Rehbine Dirt Processing VI. DISCUSSION ITEMS VII. CONSIDERATION OF MINUTES 1. July 2, 2013 Planning & Zoning Commission Meeting Minutes VIII. ADJOURNMENT *REMINDERS ** Planning & Zoning Commission Meeting — August 13, 2013, 6:30 p.m. Council Chambers City Council Meeting — August 14, 2013, 6:30 p.m. Council Chambers City Council Meeting — August 28, 2013, 6:30 p.m. Council Chambers Parks & Recreation Committee Meeting— September 4, 2013, 6:30 p.m. Council Chambers *PARK USAGE* Centennial Soccer Club — Acorn Creek Park, August 1 — October 30, 2013, 5:00 p.m. to Sunset (Field 1) Centennial Soccer Club — Laurie LaMotte Memorial Park, August 1 — October 30, 2013, 5:00 to Sunset (Field 1, 2 & 11) Centennial Little League — Laurie LaMotte Memorial Park (All Fields) April — August Centennial Youth Football League (Flag Football), Laurie LaMotte Memorial Park, August 12 — September 20, 2013, 5:15 — 7:45 p.m. (Baseball Outfields for Fields 5 & 6) Ms. Stephanie Gavin, Use of Laurie LaMotte Park Pavilion — August 18, 2013 from 10:00 a.m. — 2:00 p.m. Bootcamp, Laurie LaMotte Park — July 24 — September 30, 2013 from 5:30 a.m — 6:30 a.m. Bald Eagle Waterski Shows — June, July & August, 7:00 p.m. @ Trailside Park Night to Unite — August 6, 2013 DRAFT DRAFT DRAFT 7/17/2013 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA ORDINANCE # SECOND SERIES AN ORDINANCE AMENDING CITY CODE, CHAPTER 156, THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS: Section 1 . City Code, Chapter 156, Section 156.006 Definitions shall be amended to change the definition of "FENCES" as follows: FENCE. Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. Fence does not include "Special Privacy Screening." Section 2 . City Code, Chapter 156, Section 156.111 the title shall be amended to read as follows: 156.111 FENCES AND SPECIAL PRIVACY SCREENING Section 3 . City Code, Chapter 156, Section 156.111 shall be amended by inserting subpart (G) as follows: (G) Special Privacy Screening. A single family property may install in a rear yard, special privacy screening around a pool, hot tub and /or patio, with a height of up to 7.5 feet. The total area enclosed by the special privacy screening may not exceed an area equal to one half of the area of the first floor of the dwelling. The total lineal footage of the special screening shall not exceed an amount equal to the distance across the lot at the front setback of the dwelling. Special Privacy Screening may not be located closer to any lot line than ten feet nor closer to any street property line than 35 feet. Installation is not allowed without first securing a permit from the city. Section 3. Effective Date: This ordinance shall be effective immediately upon its passage and publication of the summary attached as Exhibit A, according to law. PASSED AND DULY ADOPTED this day of , 2013 by the City Council of the City of Centerville. Tom Wilharber, Mayor ATTEST: Teresa Bender, City Clerk DRAFT DRAFT DRAFT 7/17/2013 Exhibit A Summary of Ordinance _, Second Series Notice is hereby given, that on , 2012, Ordinance Number , Second Series, entitled "AN ORDINANCE AMENDING CITY CODE, CHAPTER 156 was adopted by the City Council of Centerville, Minnesota. Notice is further given that due to the lengthy nature of the ordinance, the City Council has directed that this title and summary be prepared for publication pursuant to Minn. Stat. 412.191, Subd. 4. Notice is further given that a complete printed copy of the ordinance is available for inspection by any person during normal business hours of the City Clerk, 1880 Main St., Centerville, MN, or will be mailed to anyone requesting it by telephone (651) 429- 3232. Notice is further given that the general purpose of the ordinance is to provide for special privacy screening for residential pools, hot tubs and/or patios. Section 1. This section amends City Code, Chapter 156.006, changing the definition of "FENCE." Section 2. This section changes the title of section 156.111. Section 3. This section inserts a new section (G) providing for Special Privacy Screening. Notice is further given that the Council has by a minimum 4/5 vote approved this public notice on the day of 9 2013. Teresa Bender, City Clerk Published in the Citizen on , 2013 FENCE. Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. Fence does not include "Special Privacy Screening." 156.111 FENCES & SPECIAL PRIVACY SCREENING (Title changed) (G) Special Privacy Screening. A single family property may install in a rear yard, special privacy screening around a pool, hot tub and/or patio, with a height of up to 7.5 feet. The total area enclosed by the special privacy screening may not exceed an area equal to one half of the area of the first floor of the dwelling. The total lineal footage of the special screening shall not exceed an amount equal to the distance across the lot at the front setback of the dwelling. Special Privacy Screening may not be located closer to any lot line than ten feet nor closer to any street property line than 35 feet. Installation is not allowed without first securing a permit from the city. &= k1wW * City Review will cease if costs APPLICATION FOR VARIANCE exceed deposit and deposit is not replenished. Date: 7� 9�.3 Fee: $250.00 + $300.00 Deposit* Zoning: Applicant: Lloyd Hanson Street Address: 1 588 Sore St Phone: 651- 429 -0431 City /State /Zip: Centerville, MN 55038 Status of Applicant: Owner X Lease Holder Other Legal Description of Property: Lot 1, Block 1 Sorel's End Street Address (subject property): Same as above Description of Request: 10'x 12' Shed/Accessory Structure Reason for Request: Construc Shed/Accessory S i Fro Ya D ue to Li Space in Rear Yard Due to Lake 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 Applicant: *By paying the above stated fee, I understated at I am paying the costs of processing this request even though the outcome of Council's action may be denial of tffe request. I D , -a`R%A- 10 L 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 Commissioner Thomas Wood r ® Commissioner Russ Koski (� Commissioner Olaf Lee Commissioner James Flint Commissioner Matthew Montam ABSENT: None 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 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 hearing. All in favor. Motion carried unanimously. Page 1 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 auprove minutes from the June 4, 2013, meeting. All in favor. Motion carried unanimously. VII. ADJOURNMENT Motion by Commissioner Larson, seconded by Commissioner Koski to adiourn the meeting at 7:30 p.m. All in favor. Motion carried unanimously. Transcribed by: Dallas Larson, Administrator Page 3 of 3