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HomeMy WebLinkAbout2013-09-10 P & Z Packet PLANNING AND ZONING COMMISSION eryil�e MEETING AGENDA TUESDAY, SEPTEMBER 10, 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 II. APPEARANCES /PRESENTATION(S) SOON AS POSSIBLE. THANK YOU! III. PUBLIC HEARING (S) 1. Request for Variance — Construction of Accessory Structure in Front Yard Due to Limited Space in Rear Yard Abutting Lake, 1588 Sorel Street IV. OLD BUSINESS 1. Interim Use Permit Application, Dirt Processing — Rehbine Black Dirt V. NEW BUSINESS 1. Adopting Findings & Recommendation — Variance — Construction of Accessory Structure in Front Yard Due to Limited Space in Rear Yard Abutting Lake, 1588 Sorel Street VI. DISCUSSION ITEMS VII. CONSIDERATION OF MINUTES 1. August 13, 2013 Planning & Zoning Commission Meeting Minutes VIII. ADJOURNMENT *REMINDERS ** Parks & Recreation Committee Meeting — October 2, 2013, 6:30 p.m. Council Chambers Planning & Zoning Commission Meeting — October 1, 2013, 6:30 p.m. Council Chambers — P.H. 1588 Sorel Street, Variance Request City Council Meeting — September 25, 2013, 6:30 p.m. Council Chambers City Council Meeting — October 9, 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 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) 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 Movie in the Park — "Despicable Me ", LaMotte Park. September 14, 2013, 7:30 p.m. Mr. Robert Voss — Hidden Spring Park, September 28, 2013, 11:00 a.m. — 3:00 p.m. Wedding NOTICE OF HEARING The City of Centerville Planning and Zoning Commission will hold a public hearing on Tuesday, September 10, 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. Lloyd Hanson PROPERTY I.D. #: #R15 -31 -22-44 -0043 LEGAL DESCRIPTION: Lot 1, Block 1 Sorels End, Subject to Ease of Rec TO EASE OF REC ADDRESS: 1588 Sorel Street The petitioner requests that the City grant a variance to allow the construction of a new accessory structure 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., September 6, 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 August 27, 2013. W * City Review will cease if costs APPLICATION FOR VARIANCE exceed deposit and deposit is not / replenished. Date: _ 7Z V1,:5 Fee: $250.00 + $300.00 Deposit* Zoning: 4�0-0. oo "VI&;7 Applicant: Lloyd Hanson Street Address: 1588 Sorel Street 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: Construct Shed/Accessory Structure in Front Yard Due to Limited 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: IQ I �nA 1 - 1 to C V� *By paying the above stated fee, I understat at I am paying the costs of processing this request even though the outcome of Council's action may be denial of tffe request. LA &, t- IQ -1 SIM) '-LI; '134QS &�N 1 City of Centerville 1880 Main Street ' Centerville MN 55038 tey 2Jl ��E Telephone: 651- 429 -3232 Fax: 651 - 429 -8629 Interim Use Permit Application Dirt Processing Applicant Name: /� (� �/� �S ,l��C'C Address: _ 70 /3cx d1'e-q MAI Email Address: 'e iA"'? Property Owner Name: �f `i AOIAJ Yro p� r �l f S Address: A 3 Person /Corporation Conductine Dirt Processine Name: � p�i�'S �l1 Z: - T' Address: n SOX Describe all activities to be conducted on the site: 4-o Say, / ac AJ , J'— Propertv Information/Processing Site Legal Description: _ % 3/ 2- 52� Parcel Identification Number(s): 21, -2V Total Acreage of Parcel(s): _ L/O Interim Use Permit Application Page 1 of 3 City of Centerville 1880 Main Street tervi�l Centerville, MN 55038 � l'!a t. - :' ` Telephone: 651 - 429 -3232 a Fax: 651 - 429 -8629 Depth of water tables throughout processing site M Plan of operation El Drainage, wind and water erosion control plan This permit, upon authorization by City Council, is valid from January 1 through December 31 of the year of issuance. The proposed use will be reviewed according to submitted plans and description of the proposed operation as required under provisions of City Code. In submitting this application the applicant recognized the requirements set forth in the City of Centerville Code for the regulation of interim uses and agrees to meet those conditions prior to requesting approval of this permit. Signature of Applicant Signature of Property Owner Date Date Initial Permit Fee of $750.00 Paid? Yes No Annual Operating Permit Fee of $250.00 Paid? Yes No Interim Use Permit Application Page 3 of 3 Interim Use Permit Attachments Site Reclamation Plan: If site is sold for development we will level site to existing grades. If not sold we will level to existing grades of surrounding property and resume farming. Site analysis information: Site is level. There is a creek on the Northern edge of site. The land surrounding the site is farmed. Flood levels are between 901 and 905, to be determined at a later date. Water Table: Water table in the area is approximately 3'. Plan of Operation: We will be open from 6:00 am to 6:00 pm Monday thru Saturday. Drainage and erosion control: We will maintain the existing 20' wide creek bank with trees, brush, and heavy undergroth. We will also maintain a 30' wide grass way along the creek. We will maintain the current storm water pond and drainage designed by Rice Creek Watershed. ci 01 Y ' 4 #°E r ,. pp 8 TM , F a t R k T i , Y �,, �.s_, �;s.. t ry •• s,e.._. , 5 a� � E k " 4 _ omww a . DRAFT DRAFT DRAFT Planning & Zoning Commission Report and Recommendation. The Planning & Zoning Commission met on September 10, 2013, to consider a request of Lloyd Hanson, 1588 Sorel 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 orients toward Sorel Street. 6. A variance permitting an accessory building in the front yard, would still allow the accessory building to be set back a distance of 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. DRAFT DRAFT DRAFT 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 construct the new accessory building in accordance with the submitted plan, and no closer to the front property line than thirty -five (35) feet and shall meet other yard setback requirements of the Code. 3. Approval is subject to review by the Building Official and verification that the proposed location will not adversely impact easements for utilities and drainage. 4. 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. September 10, 2013 Planning and Zoning Commission Dallas Larson, Administrator CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regular meeting on August 13, 2013, at 6:30 p.m. PRESENT: Commissioner Mark Haiden Commissioner Thomas Wood Commissioner Russ Koski Q Commissioner Olaf Lee Lr Commissioner Matthew Montain ABSENT: Chairperson Darrin Mosher Commissioner James Flint STAFF: Administrator Dallas Larson OTHERS PRESENT: Council Member Love I. CALL TO ORDER. The meeting was called to order by Commissioner Wood at 6:30 p.m. 1. Roll Call II. APPEARANCES Newly appointed Commissioner Mark Haiden attended for the first time and began by taking the oath of office. III. PUBLIC HEARINGS a. Proposed code rules for special privacy screening The Commission opened the public hearing to consider the proposed ordinance which would allow special privacy screening around pools, hot tubs and/patios. Administrator Larson reviewed the draft ordinance, noting that the maximum height is 7.5 feet, and that limits on the amount of special privacy screening is dependent upon the size of the lot and home and that the special privacy screening may not be closer to any property line than the principal structure setbacks. Daniel Twohy, 1615 Widgeon Circle was present in support of the proposed Code amendment. Being no one else who wished to speak with regard to the variance, a motion was made by Commissioner Wood, seconded by Commissioner Lee to close the public hearing. All in favor. Motion carried unanimously. Page 1 of 3 City of Centerville Planning and Zoning Commission August 13, 2013 Motion by Commissioner Koski, seconded by Commissioner Lee that Commission adopt the findings in favor of the Code amendment regarding Special Privacy Screening and recommended approval to the City Council. All in favor. Motion carried unanimously. IV. OLD BUSINESS None V. NEW BUSINESS. 1. Petition for Variance to construct accessory building in front yard — 1588 Sorel Street Mr. Lloyd Hanson requested a variance to permit construction of an accessory building in the front /side yard do to the limitations of being located on Centerville Lake. The Commission discussed the request for variance noting there seems to be sufficient evidence to support the variance. Motion by Commissioner Montain, seconded by Commissioner Koski that Commission hold a public hearing to consider the variance at its next regular meeting. All in favor. Motion carried unanimously. 2. Interim Use Permit- Rehbein Dirt Processing. Administrator Larson reported that the dirt processing that has been located on the property in the industrial area along 21 Avenue is nearing its end. The operation was started without a permit, and by agreement with Rehbein, no new dirt was to be brought in, but rather would not be replaced as it was sold. The consensus was that the Commission would be open to an interim use permit, subject to conditions on the term and amount of materials that may be on the site at any time. Also discussed were the fact that the property is operating a business activity, but taxed as an agricultural use, and the concern over the possibility of premature failure of the streets due to the truck traffic. The administrator was directed to gather information on what other cities are doing to permit this type of use and the kind of conditions that are imposed to address concerns. VI. DISCUSSION ITEMS None VII. CONSIDERATION OF MINUTES 1. Planning & Zoning Commission Meeting Minutes of July 2, 2013 Motion by Commissioner Montain, seconded by Commissioner Lee to approve minutes from the July 2, 2013, meeting. All in favor, except Haiden abstained. Motion carried. VII. ADJOURNMENT Page 2of3 City of Centerville Planning and Zoning Commission August 13, 2013 Motion by Commissioner Wood, seconded by Commissioner Koski to adiourn the meeting at 7:40 p.m. All in favor. Motion carried unanimously. Transcribed by: Dallas Larson, Administrator Page 3 of 3