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HomeMy WebLinkAbout2021-10-05 P & Z Minutes - Approved CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Regular Meeting of the Planning and Zoning Commission held a meeting on Tuesday, October 5, 2021 at 6:30 p.m. I. CALL TO ORDER The meeting was called to order at 6:30 p.m. Chairperson Linda Broussard-Vickers 1. Roll Call Present: Chairperson Linda Broussard-Vickers Commissioner John Krueger Commissioner David Kubat Commissioner Les Kuiper Commissioner Nick Twohy Absent: Commissioner Darrell (DJ) Olson, Jr. Commissioner Richard Nelson Staff: City Administrator Mark Statz Council Liaison, Russ Koski City Planner, Phil Carlson II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Administrator Statz requested Agenda Item VIII.1, August 4, 2021 Planning & Zoning Commission Meeting Minutes be removed from the Agenda. No further changes were requested. Motion by Commissioner Krueger, seconded by Commissioner Twohy to Approve the Agenda as amended. All in favor. Motion carried. IV. PUBLIC HEARINGS (6:30 PM or shortly thereafter) 1. Outside Storage in Residential Districts Administrator Statz introduced this item and reviewed the proposed changes to City Code, Chapter 156, Section 156.144 Other Standards, (M) Outside Storage, 1. Residential Districts, (c). Chairperson Linda Broussard-Vickers opened the public hearing at 6:54 p.m. Chairperson Broussard-Vickers stated there is a lot of social media content out there about this topic and she would like to make sure it is clear that responding to any content on social Page 1 of 5 City of Centerville Regular Meeting Planning and Zoning Commission October 5, 2021 media does not mean the comments become part of the public record of the City. She stated for example, there have been some untrue, unacceptable and rude comments made such as ones insinuating the Commissioners gain financially at the residents’ expense, as a result of partnerships from companies contracted to do work on the City, and while she doesn’t approve of them, if someone wanted to share those comments or thoughts with the Commission in person, they could attend a public hearing and speak at the podium on the record. Mr. Charles Reinhardt, 1723 Meadow Lane, addressed the Commission and stated he has had a lot of run-ins with the City regarding ordinances in the past and feels he has been unfairly picked on. He stated after being targeted for many violations of ordinances he decided to look at homes in the community to see if anyone else was violating them and found City Council members in violation of some things, so he recorded the violations via camera and reported these issues to City staff to handle accordingly. He stated his main concern is about where he is going to be able to park his trailer and his boat. He noted when ordinances are created, he feels there is a thin line between enforcement of large issues and having police showing up at your house whenever they want and walking through your garage or yard without permission or warning. Mr. Mike Dufault, 7045 Centerville Road, addressed the Commission and stated he has a smaller side yard but needed a place for his trailer and icehouse, so last year he put up a retaining wall and side driveway area adhering to the City requirements. He stated and it looks nice, however, it is very close to the edge of his property line and would most likely violate the setback they are proposing. He noted that neighboring city, Circle Pines has a 2ft setback on the side yard and asks they consider that for the Centerville. He stated he is looking for empathy and hopes the Commission takes into consideration the comments provided. Mr. Brian Hanson, 1950 Center Street, addressed the Commission and stated he used to be on the Commission himself and helped write the ordinance they are looking to amend currently, so he noted he is familiar with this item. He stated the 10ft minimum setback is an issue because many older homes garages only fit one car inside and one in the driveway, so if the household has more than two vehicles, they wouldn’t have anywhere to store the rest. He noted it was mentioned earlier tonight by someone that people with larger homes and garages would be able to park everything in their garages, so they wouldn’t have an issue owning several vehicles of any kind, but he feels that is an insult to people who have smaller homes. He noted just because a house may be smaller it does not mean they are not kept up, but it does mean they do not have the space to store a few vehicles like larger houses would, so the proposed amendments would be in favor of those with larger homes. He stated it would also be a problem for people who have a house that has a small garage and driveway if there is a teen driver in the household along with two parents, or if someone wanted to have a person stay overnight at their house, while already having one car in the driveway, they would need to get a permit from the City and all of a sudden the City is dictating who can stay at residents homes. He stated he would like the Commission to consider that people who are doing their best with what they have. Mr. Joe George, 1926 - 72nd Street, addressed the Commission and stated he has four (4) kids at home right now, all of whom drive. He stated he also brings his work truck home Page 2 of 5 City of Centerville Regular Meeting Planning and Zoning Commission October 5, 2021 from time to time for a night, he works as an electrician, so it is a larger truck. He stated right now, all six (6) vehicles fit in his driveway but go right to the edge. He stated if people are informed of when plows will be coming by and someone’s car is parked too close to the curb in their driveway and gets damaged, he feels the owners should be liable for choosing to park there. He stated he hopes the Commission will be empathetic to the situations presented tonight. Mr. Kevin Amundsen, 1782 Peltier Lake Drive, addressed the Commission and stated he is in favor of using pervious rock for permanent driveways and noted the new development in his neighborhood has a lot of homes that cut through his street and that intersection could use some speed limit and traffic signs to regulate that as it is a safety concern. Ms. Suzanne Seeley, 1784 Peltier Lake Drive, addressed the Commission and stated there have been many good comments made. She noted she has noticed that almost all lots in the city aren’t square so it would be hard to measure many yards to comply with such a ridged ordinance. She stated she moved to Centerville to live in a small town where the neighbors tell each other if they have a problem with anything they are doing they don’t approve of. Mr. Rick Houle, 7186 Clear Ridge, addressed the Commission and stated he agrees with everything that has been said tonight. He stated he is looking for clarification and asked if there is a pavement setback on both sides of everyone’s lots, and if so, how wide is it. Administrator Statz stated there is a setback on both sides and it’s a 10ft minimum. Mr. Houle added, he would like to emphasize that he thinks they should allow the use of pervious rocks as mentioned earlier in the discussion. Mr. Neil Reisdorfer, 7176 Clear Ridge, addressed the Commission and stated he would like to reiterate they are in Centerville and not in St. Paul or Minneapolis so they should have some leeway. He stated he wouldn’t mind if his neighbors wanted to park a boat or something in the yard between his house and theirs. He noted living in a suburban city in Minnesota they should take into consideration that many people have summer and winter recreational vehicles and toys that they keep at their homes and need a place to store them. Motion by Commissioner Kubat, seconded by Commissioner Kuiper to close the public hearing at 7:48 p.m. All in favor. Motion carried. V. AWARDS, PRESENTATIONS & APPEARANCES 1. None VI. OLD BUSINESS 1. City Code Amendment, Outside Storage in Residential Districts Chairperson Broussard-Vickers asked the Commissioners for their thoughts on this item after hearing the public comments. Commissioner Twohy stated he heard a lot of great input. He stated it seems the concern is that people think if an ordinance is being enforced, regardless if the requirements within it Page 3 of 5 City of Centerville Regular Meeting Planning and Zoning Commission October 5, 2021 were relaxed or not, they worry the ordinance will be enforced at a higher rate after approval. He stated he would be fine going back further into the right-of-way if anyone wanted to explore that, he would be fine going closer to the curb. He noted he has empathy for everyone, stating stuff comes up and things happen. He stated he doesn’t feel comfortable moving forward with a vote this item tonight. Administrator Statz stated that most of the time violations are a result of complaints by neighbors. He stated City staff does not make a habit of driving around measuring yards and driveways, although they would be within legal right to do so, they usually look at those issues when complaints are made. City Planner Carlson stated something to consider is that they can have different standards in different zoning districts to accommodate the varying neighborhoods and areas. Administrator Statz showed a map of predefined districts for reference. Commissioner Krueger stated he is against the five (5) foot setback on the side but feels two (2) feet is fair. He stated the10 foot setback from the curb is difficult to figure out because it will affect so many people. He noted he would be interested to see what liability, if any, the City carries regarding plowing and possible damage to cars in driveways. Commissioner Kuiper stated he thinks flexibility is key and if the complaints are where most violations come from, then that is where the City needs to use discretion and flexibility. Commissioner Kubat stated if the City begins restricting someone’s use of their own property, then they better have a very good reason. He noted while public safety is always a good thing to consider, it can be used as a reason for doing anything, but he has yet to hear what the concern is regarding public safety in this regard. He stated if you can put a fence up to the property line then he does not see why someone could not have a boat within the fenced yard. He stated if plows are the issue, he feels those can be figured out and enforce something like other cities, that only allow parking within so many feet of the street between certain hours to make room for plows, and if they do not move and damage occurs to their vehicles, then that is the owner’s responsibility. He stated he cannot get on board with an ordinance he is not comfortable enforcing. He reiterated that if there are bigger issues then plowing concerns, then those need to be explained and defined. Administrator Statz stated he was asked to and did get some safety study information but forgot to include it in the Commission packets. He stated he reached out to the Police Chief, and he deferred to the Fire Chief. He stated the Fire Chief stated two (2) feet in a side yard would be tight if a fire fighter needed to get through in full gear with a hose and ground ladder but stated four (4) feet would be adequate. Chairperson Broussard-Vickers stated since the Fire Chief stated two (2) feet on the side would be ok for them, she is good with changing that. She stated she would like to know that if they change the setback from the curb to be shorter, that the City would not be liable for claims if cars reported damage from plows. She stated she feels a five (5) foot setback from the curb would be fine if the City would not be liable for damages. She noted she would like to do something different in the Royal Meadows neighborhood because of the smaller parcels and driveways. She also noted she would like to look at changing the surface Page 4 of 5 City of Centerville Regular Meeting Planning and Zoning Commission October 5, 2021 materials that can be used on the side of the driveways to include pervious surfaces if they only go down to the right-of-way. Administrator Statz stated the consensus from the Commission tonight is to do a two (2) foot setback on the side yard, provide exploration of different zoning districts having different setbacks to the curb, provide exploration of driveway expansions through use of approved materials (pervious materials) and get an answer regarding City liability with snowplows and residential vehicles in driveways. Motion by Commissioner Kubat, seconded by Commissioner Twohy to table this item until a later date. All in favor. Motion carried. VII. NEW BUSINESS 1. None VIII. APPROVAL OF MINUTES 1. August 4, 2021 Planning & Zoning Commission Meeting Minutes This item was tabled until a later date. 2. September 7, 2021 Planning & Zoning Commission Meeting Minutes Motion by Commissioner Kubat, seconded by Commissioner Kuiper to approve the Planning & Zoning Commission meeting minutes of September 7, 2021 with correction listing Commissioner Twohy as absent, All in favor. Motion carried. IX. Announcements and Updates 1. Council Member Liaison Council Member Liaison Koski stated he was absent at the last Council meeting and does not have anything new to report at this time. 2. Administrator’s Report Administrator Statz provided a brief update on the City projects and their current progress. X. ADJOURNMENT Motion by Commissioner Kubat, seconded by Commissioner Krueger to adjourn the meeting at 9:03 p.m. All in favor. Motion carried. Page 5 of 5