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Home My WebLink About2007-02-06 P & Z Packet 'Lstab{islied lBS7 PLANNING AND ZONING COMMISSION MEETING AGENDA TlIESDA Y, Fehru311' 6,2007 6:30 p.m. L CALL TO ORDER 1. Roll Call n. APPEARANCES/PRESENTA TION(S) m. PUBLIC HEARING (S) 1. Mr. JeffHanzaJ - Request for Variance (7381 Old Mill Road) (Cont'd from Previous Meeting) IV. OLD BUSINESS 1. Sedona Townhomes - Final Plat 2. Comprehensive Plan Review "''''Please Bring YlJUf Cop,' '" a. Consultant Selection Process v. NEW BUSINESS VL DISCUSSION ITEMS VIL CONSIDERATION OF MINUTES 1. January 2, 2007 Planning and Zoning Meeting Minutes vm. ADJOURNMENT **REMlNDERS:'* Parks & Recreation Committee Meeting - February 7, 2007 - 630 pill. Council Chambers City Council Meeting -February 14,2007 - 630 p.m Council Chambers City Council Meeting - February 28. ~i)07 630 p.l11 Council Chambers tervi[{e 'Estabfisfi ed 1857 1880:MainStreet, Centervi([e, TWN 55038 651-429-3232 or 'FIX( 651-429-8629 AFFIDAVIT OF MAILING PUBLIC BEARING NOTICE State of Minnesota) County of Anoka ) City of Centerville) I, Teresa Bender, being first duly sworn, deposes and says: . I am a United States citizen, over twenty-one (21) years of age, and the Account Clerk IT of the City of Centerville, Minnesota. On December 20, 2006, acting on behalf of the said city, I deposited in the U.S. Postal Service mailbox located at City Hall in the City ofCenterville, 1880 Main Street, copies of the attached Public Hearing Notice for Jeff Hanzal's Request for Rezone, Compo Plan Amendment, Preliminary Plat & Variance, enclosed in envelopes, with postage thereon fully prepaid, addressed to the following persons at the addresses appearing opposite their respective names: NAME ADDRESS See Attached There is delivery service by United States mail between the place of mailing and the places so addressed. __~~ ~ C--- Teresa Bender, City Clerk Subscribed and sworn to before me this 20th day of December, 2006. :~:~) I KRIS SWEENEY NOTARY PUBliC. MINNESOTA My Commissiof1 E>.. ~lre3 ,Jan. j i J ;]10 ~1/} ~h-T Notary Public ervi{{e STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING REZONE~ COMPREHENSIVE PLAN AMENDMENT, PRELIMINARY PLAT & VARIANCE THE PUBLIC HEARING WILL BE HELD BEFORE THE PLANNING AND WNING COMMISSION NonCE IS HEREBY GIVEN, that the Planning and Zoning Commission of the City of CentelVilIe will consider the requested rezone, Comprehensive Plan Amendment. Preliminary Plat and variance submitted by Mr. & Mrs. Jeffiey Hanzal. The Hanza.l's are requesting that the Planning and Zoning Commission consider rezoning the portions of their property located at 7381 Old Mill Road from P-] (Public, Semi-Private) and R-5 (Single Family Residential - Estate) to R-2 (Single Family Residential). The Hanzal's are requesting a corresponding Comprehensive Plan Amendment_ The Hanzar s are also requesting Preliminary Plat allowing them to construct Hanz.a1's Subdivision containing six (6) lots with one (1) of those lots containing an existing home. The HanzaI's are requesting that the Planning and Zoning Commission also consider granting a variance request for Lot 6 of the proposed subdivision due to the proposed plat's current wetlands and minimum building site for the lot. The meeting will be held on for Tuesday, January 2, 2007 at 6:30 p.rn. or shortly thereafter. The purpose of the meeting is to ascertain public input regarding the above requests and the possibility of granting the rezone, Comprehensive Plan amendment, preliminary plat and variance. The public hearing on these matters wiIl be held in Council Chambers located at 1880 Main Stree~ Centerville, Minnesota 55038. The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received before 4:00 p.m. December- 29,2006. All persons interested are invited to attend and to be heard. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429- 8629 if you need additional information. If you desire, you may email: dlarson@centeIVillemn.com or tbender@centeIVillemn.com with questions or concerns. This notice is also available on the City's web site: www.centeIVillemn.com. December 13, 2006 Teresa Bender, City Clerk-CMC Published in the Quad Community Press on December 19 and December 26, 2006 O A'b ~. R. \,.. S. TRAC -:t .... ../:> :J'\ 2 1825 1831 1828 .} 12 Z~J1illil n:y..05.i ho DS1 . _11 ~J'<o !~ ;,.~,,'.. p' 1 .J, . r,~.!- -;;tt: R ~D~~ . 4 R5 ~u-~/S;rU )~~ ~ 4 ;I~/~/1t;J- ~ Hanzallabels , ---- iJ~ ;! POD-/", II ~~ ~ &-~PV' ~) 1211B~ 143122130002 iSALO JAMES W & BERNICE M lOR CURREN ;7482 PELTIER DRIVE 143122130002 iCURRENT OWNER 50176 ;OR CURREN 17482 PELTIER DRIVE 143122240001 iNELSON RICHARD D & JANET M lOR CURREN i7401 PELTIER LAKE DR 143122240001 iCURRENT OWNER 50180 lOR CURREN 17401 PELTIER LAKE DRIVE 143122240005 iCURRENT OWNER 1002 :OR CURREN UNASSIGNED SITUS 143122240005 1ST PAUL CITY OF JOR CURREN '84TH ST E SUITE 200 ~*~~~~~~-666~.tb%~~~~6~~~~1120----------!g~-~-~~~~~-~~~ :~~ ~:-~~ ~~~ ~~IVE --- 1431-223-1 0014 !CURRENT-OWNER 51435 ----------IOR"-cuFfFfE-N"- i381"M1LL ROAD-----.-------- 143122310014 IHANZAL JEFFREY ,OR CURREN 7381 OLD MILL ROAD 143122310015 iBOWEN WILLIAM E OR CURREN 40 PARK LN 143122310015 iCURRENT OWNER 51431 lOR CURREN 17397 MILL ROAD 143122310016 CURRENT OWNER 51434 lOR CURREN 7389 MILL ROAD 143122310016 IJAQUES MELISSA ,OR CURREN 7389 OLD MILL RD 143122310022_jt!~~_~L JEFFE!3.~~ & LAU~_~____~~~~..l:l_~~5~-f381 OLD MILL ROA-'?______ 143122310028 :JNTEGRA HOMES INC OR CURREN '50 GROVELAND TERR 143122310030-tiLLESTRANO-RONALD ---'----'--lORCURREN 1272ToVERlOOK Ro---'- 143122310032 SCHMIDT RAYMOND 'OR CURREN 7339 PELTIER CIRCLE 143122310032 CURRENT OWNER 74803 'OR CURREN 7339 PELTIER CIRCLE 143122310034 CURRENT OWNER 74804 'OR CURREN 7343 PELTIER CIRCLE 143122310034 KUBAT DANIEL J & STACY M OR CURREN 7381 PELTIER CIRCLE 143122310036 JOHN MATTHEWS & R ARONSON J OR CURREN 1364 HUNTERS RIDGE ~~}~~i~~b~}j-t~$~~~-~f~~:~L~8~4~-~~~~~~' ~~-g~~~-~ ~~-~~~t ~:~~ ~:~~~------- ---'-~'------~--~- ~-"---'-___'______"'_'~R_____~____.__.___ .____.________.,.. ___..____..__.___._.____~..____..__.__. 143122310040 CHERRY HOMES .INC OR CURREN '622 180TH LN NE 143122310040 CURRENT OWNER 2817 eR CURREN 17369 PELTIER CIRCLE 143122310041 ,BRUTON DANIEL 'OR CURREN 17373 PELTIER CIRCLE 143122310041 CURRENT OWNER 2818 lOR CURREN 7373 PELTIER CIRCLE 143122310044 FEHRENBACHER BEN OR CURREN 7330 PELTIER CIRCLE 143122310044 'CURRENT OWNER 2833 :OR CURREN 7330 PELTIER CIRCLE !~~ 22_~ 1 OQ~_IS;B~t'i~_tlA W _~_'='~W~________________1Q.~~~~f3-~~ ?]_~Q~~_~!!~~~~CL~_____.__ .!~31_~~~_1_004.?_fS;~.I3:.~E=N!..9yyN ~~_?~?~________________~~I3..~~~-f3!=~_1?}-~-f~~.!~~R CI.~~.!:_~________ 143122310048 'CUMMANS JAMES C & GINA M OR CURREN 17370 PELTIER CIRCLE 143122310048 'CURRENT OWNER 2823 OR CURREN 7370 PELTIER CIRCLE 14312231005 OR CURREN 143122310050 iERKENBRACK THEORDORE D & M OR CURREN 7377 PELTIER CIRCLE 143122310050 CURRENT OWNER 2831 OR CURREN 7377 PELTIER CIRCLE 143122340015 HORSNELL MICHAEL D & KIMBERL :OR CURREN 1783 PELTIER LAKE DRIVE !~3122~_40Q.!~_._ ~y~_~~i'J_TO~~_~!3._?~~________IQ!3..<2URRE!i ~~~~_ PE.!: TI~R LAK~9BJ~~_ !~~_~2_~~qg01 ~~~HE._~_~!3.~D~!3~~!< vyJ!___._________19_13_~_!J RR~~_ ~~~~__MI L!:_139~!?________________ 143122420001 ,CURRENT OWNER 51432 OR CURREN 7396 MILL ROAD 143122420002 !FRUTH PATRICK H & C AOR CURREN 7384 MILL ROAD 143122420002 CURRENT OWNER 51436 lOR CURREN 17384 MILL ROAD 143122420012 iCENTERVILLE CITY OF DR CURREN '1880 MAIN ST 143122420015 ,FRANK CHELDON & ANGELA lOR CURREN '7313 OLD MILL ROAD 143122420015 iCURRENT OWNER 36271 JOR CURREN 17313 OLD MILL ROAD Page 1 Hanzallabels 12/18/2006 L1NO LAKES MN 55038 L1NO LAKES MN 55038-0000 L1NO LAKES MN 55038 L1NO LAKES MN 55038 L1NO LAKES MN 00000-0000 ST PAUL MN 55101 CENTERVILLE MN 55038 ---'"'-~-'."-------~--"----' .,..-.-.------------.--.. ENTERVILLE MN 55038-0000 .w__~_____..____.._ _,_......__..___._._..~.___~. CENTERVILLE MN 55038-0000 CENTERVILLE MN 55038 MINNEAPOLIS MN 55415 CENTERVILLE MN 55038-0000 CENTERVILLE MN 55038-0000 CENTERVILLE MN 55038 CENTERVILLE MN 55038 ------ ._.~."'~-"'-'~- -.-.--..------. MINNEAPOLIS MN 55403 -. -------,---...-..--."' ..-.--.--.-----.. DAYTON MN 55327 CENTERVILLE MN 55038 CENTERVILLE MN 55038-0000 CENTERVILLE MN 55038-0000 CENTERVILLE MN 55038 L1NO LAKES MN 55038 CENTERVILLE MN 55038 ----....---.,----....----.....--.------..- -.----.--......-..-,....-..----.. CENTERVILLE MN 55038-0000 --,--.-.----..-..----,--.---.....-.--.-..- -.---.-----.---,----.-- HAM LAKE MN 55304 CENTERVILLE MN 55038-0000 CENTERVILLE MN 55038 CENTERVILLE MN 55038-0000 CENTERVILLE MN 55038 CENTERVILLE MN 55038 CENTERVILLE MN 55038 _._..--~_.__._.,_.._._._...._-_.._--_._.__._-.._._.- . ...__._-------~------....,--_..------ CENTERVILLE MN 55038-0000 -_.-._._--_._.._.._."_.~--_.__.._--_._._...__.,-_..- ._~_._.-._-,.__._._,_....__._".-- CENTERVILLE MN 55038 CENTERVILLE MN 55038-0000 CENTERVILLE MN 55038 CENTERVILLE MN 55038-0000 ENTERVILLE MN 55038 CENTERVILLE MN 55038-0000 ----_._~.._.._--_._-.~ '._~_._"-~-~-"--'-' CENTERVILLE MN 55038 ..~._..___w__.._._.___.__.._...__.. .__.____.~.......__..__..__."'._._.._. CENTERVILLE MN 55038-0000 CENTERVILLE MN 55038 CENTERVILLE MN 55038-0000 CENTERVILLE MN 55038-0000 CENTERVILLE MN 55038 CENTERVILLE MN 55038-0000 Page 2 Hanzallabels 12/18/2006 143122420016 'GLASOW TIMOTHY J & LORI A :OR CURREN 17319 OLD MILL ROAD 143122420016 'CURRENT OWNER 37178 JOR CURREN 17319 OLD MILL ROAD 143122420017 :ESSEX BURTON L & NORMA J JOR CURREN 17333 OLD MILL ROAD 143122420017 'CURRENT OWNER 51392 JOR CURREN 17333 OLD MILL ROAD 143122420018 ,KRUEGER JON A & MORD LADINE ;OR CURREN 17368 OLD MILL ROAD 143122420018 'CURRENT OWNER 51439 lOR CURREN '7368 OLD MILL ROAD ! 431~243.~~!~-lKOWAR~.~~~ E~_N I ~.~~_.._______._.19.~.CU R~~f':J4?35~ OLD M~_LL 13"<?~Q____._. ~ :~~ ~~:~~~~~~~;f:i~~~~E~.~0~~2N'NA-M-'---"-f~~-g-~~~~.~-I~~~.~-~~e~~~;;~t~T--""--""'- 143122420020 CURRENT OWNER 51440 OR CURREN 1817 REVOIR STREET 143122420021 EST GREGORY A & JODI R lOR CURREN 1825 REVOIR STREET 143122420021 CURRENT OWNER 51441 .OR CURREN 1825 REVOIR STREET 143122420027 SMITH JACQUELINE C 'OR CURREN 7310 OLD MILL ROAD 143122420027 CURRENT OWNER 34158 iOR CURREN 17310 OLD MILL ROAD !~31224200~8 ENGE~~EJER_~EN~5!~_-!.~~~__ IO~.E~!3..~EN ?322 Ol!?_~I~_~_~g~!?_'_d___ ~ 4312~~~0028 .. CURRE~l.OWN~R 5d~~~~____.___.....jQ.'3~_~REN ?~??g!:'~.~~!:'.~Q~_..____ 143122420029 SALAZAR SANDRA S & PEDRO 'OR CURREN 7336 OLD MILL ROAD 143122420029 CURRENT OWNER 51383 OR CURREN 7336 OLD MILL ROAD 143122430007 'KACZMARSKI J K & GOLDSMITH ROR CURREN 7294 MILL ROAD 143122430008 CITY OF CENTERVILLE lOR CURREN 1694 SOREL Page 3 Hanzallabels 12/18/2006 CENTERVILLE MN 55038 CENTERVILLE MN 55038-0000 CENTERVILLE MN 55038 CENTERVILLE MN 55038-0000 CENTERVILLE MN 55038 CENTERVILLE MN 55038-0000 CENTERVILLE MN 55038 .._-_.__.._~_.~_._.~-_._--_._-------_. ---...-.--...--.-- CENTERVILLE MN 55038-0000 .._------_...-._-~-_.._......._. ---..--.--......--...---.-...... CENTERVILLE MN 55038 CENTERVILLE MN 55038"0000 CENTERVILLE MN 55038 CENTERVILLE MN 55038-0000 CENTERVILLE MN 55038 CENTERVILLE MN 55038-0000 CENTERVILLE MN 55038 .."-_._-----~.- ..-. .,-..-.--..----. CENTERVILLE MN 55038-0000 _._.__._~----_._._._-----_._._.___ "__.________...k CENTERVILLE MN 55038 CENTERVILLE MN 55038-0000 CENTERvrlLE MN 55038 CENTERVILLE MN 55038-0000 Page 4 PETITION FOR VARIANCE I 261J.~ Date: \, ~ to JOin Fee: S + , .1 Fees Zoning: Applicant: -S~ ~ n '""'~ Ln vf'CL \\0. o-zCc..L Street Address: 7~<6) ('))13 T11;;i. (Zoa), Phone:{p51-1",'5".~ -:lOd.O City/State/Zip: C elilkhuit/-L ffin 55038" Status of Applicant: Owner V- Lease Holder _ Other Legal Description of Property: ~D lJ A ~ Street Address (subject property): 7xl1'l'W.- 0,..., cJooue_ Description of Request: +C'c,rA ~~ 'nor'Ll 'Xv, '. nA'"lCJl. (7){"'\ Ll">+- J:l: (" ~::':7'(;:;~~~;~~~~~~r (t~ ~t~J Uxe. ~o_ ~O.o ~ ()C~\3 A variance is a use that is not generally permitted by the City's zoning ordinances but which is aUowed in special cases only. A request for a variance from the City's zoning ordinances will be granted upon a showing of undue hardship by a property owner who is determined to have a unique situation. "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 if some reasonable use currently exists under the terms of the City's zoning ordinance. If the property owner purchased the property knowing that the City's zoning ordinances prohibited a use, the property owner's circumstances are self-created. Minnesota Statutes (MS 462.357, Subd. 6) and City Code 154, Section 154.310 require that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets of paper if necessary. I. Because of the particular physical surroundings, shape or topographical conditions of the parcel or lot, the proposed variance would relieve an undue hardsbip, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. 2. The pwpose of the proposed variance is Dot based exclusively upon a desire to increase the value or income potential of the parce1 of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. 3. The alleged difficulty or hardship is caused by the City Ordinaooe and has Dot been created by any persons presently having au interest in the parcel of land. 4. The variance win not adversely affect public health, welfare and safety and win Dot be detrimental or injmious to property or improvements in the neighborhood.. 5. Variances win not be granted that aHow a use that is otherwise not a permitted use in the zoning district that the subject property is local .-- APPLICANTS, PLEAsE NOTE: AU developers or property owners must submit the following information to the City of Centerville by the Tuesday that is 30 days PRIOR to the meeting of the Planning and Zoning Commission or the City Council meeting at which the request will be heard at a public hearing. I. Complete the application for the specific request and pay the fee. 2. Submit a complete survey and site plans (including measurements. dimensions), showing lot lines and building footprint, driveways, sidewalks. curb cuts, ingress, egress, etc. on tbe property and its relation to adjacent properties. 3. Explanation of materials that will be used and plans for screening, landscaping, fencing and dumpster enclosures. 4. Drawings of completed bui Idings, if appropriate to the project, and materials used. 5. Stenn water retention and drainage plans. The Rice Creek Watershed District and/or other water management organizations may need to be notified of the project. 6. A Jetter explaining the reason for the variance request. The letter must also demonstrate the variance will not impact the surrounding properties DOr impact the characteristic of the neighborhood in any manner. EXHIBIT-A- Legal Description File No. 4-34578 Parcel 1 : AU of Tract A. Registered Land Survey No. 48, Res of the Registrar of Titles, Anoka County, Minnesota, Except the North 299 feet thereof. Parcel 2: outlot A, Acorn Creek Second Addition. Parcel 3: That part or Government Lot 3, Section 14. Towns~p 31 North, Range 22 West, Anoka County, Minnesota described as follows: Commencing at the most westerly comer of Tract A, Registered Land Survey No. 48; thence on lit assumed bearing d South 83 degrees 18 minutes 00 seconds East along the southerfy line of said Tract A a distance of 355.00 feet to an Mate pont in said southetty Hne and the point 01 beginning of the property to be described; thence South 42 degrees 10 minutes 00 seconds East along said southerly line a distance of 340.DO reet to the wester1y line of said Tract A; thence South DO degrees 50 minutes 00 seconds West along said westel1y line . distance of 52.00 feet to the easterfy extension of the northerly fine of Tract B, Registered Land Su~ey No. 48; thence North 89 degrees 10 minutes 00 seconds West along said north line and its eastelty extension a distance of 108.50 feet; thence northwesterly n.11 feet along a non~angential cW'Ye concave to the southwest with a chord bearing of North 60 degnts 19 minutes OS seconds West, a radius of SO.OO feet and an included angle of S3 degrees 15 minutes 51 seconds to a point of reverse CUrlature; thence westerty &9.84 feet along a reverse c~e concave to the north with a radius of 100.00 feet and a central angle of 40 degrees 00 minutes 50 seconds; thence North 81 degrees 58 minutes 13 seconds West tangent to the previously described curve a distance of 90.93 feet; thence westerly 41.17 feet along a tangential curve concave to the south with a radius of 55.00 feet and an included algle of 43 degrees 38 minutes 54 seconds; thence North 30 degrees 30 minutes 23 seconds East a distance of 246.91 feet to the point of beginning. ~ .. ~.. .. .. ~ ... .. .. "I. ~6:~ .. .. ~ .. .A .A I I I 1 .. ,/ / /" / /" .,/"" .,./ ./ J'I ' " I I I ~ - .. .. .. ... ... .. .. .. .. .. ~e6.3~~\<.C<<i-t.\( .. ... '-J. ~Of'e .. .. ... .. .. .. .. ... '. ... .. .. .. .. .. ... ... ~ ... .. .. .. ... .. ... .. ~ .. '" ~6.~' ~tr..CRrf,..v.. .. -t ,Q?e~ .. .. .. .. .. .. .. .. ~.. ... ... .. .. .. .. --- --- --- ..-- ... /" /" ./ \. 90'2.\1"> ee :::"'( \". "" ~, \ ..... \ / "," 904.X'" "'." , ac "". , '. '" ' ..',,_......11..... . .:" "" - ...... , .....,... , Gr.. 905'.10 9~'~ )l: G't.p' ~ < 90'" ,'09.0~ ;!>G .... y.. ti. - '< . 9Q1.4" r'" y... G't. , .... .. ". "!- 90'2..!J\ \ l".~ ..- ( ( "' } - g09.0~ 'j.. Grr.. ( ... " I L_ .. c'ft€:tlf.. - ~.. ..~.. .. .. .. ... .. ... .. .. .. e~.~l'l~c~t.~ '/.. "tQ'P0""' ... .. .. .. . '.. .. .' ... .. ~~~~)l: .. .. .. .... ,. ... '/.,'f. ~ tlJ~ >. .. 8e1 ,!I..~~~~El .. 0,.:)..0 -., '.. O~.:rr' .. ~:..fl\tk \ .. '" .. ..... y.... ~t".Ir" &'06 .11~'\C.c~€.l ... ~ "1C1?~ .. .. ...... ... ~ ~8j\ .. . .. .. ... ... ... ... .. .. .'lc .. {j" .. ff.. .. -~ ,.., "'I[' .. .. "'-f ~~. .. ~ / .. ... ... .. ... /' ... .. .. ./ .. ,/"'" , , .. "'7 ;' .. /"'" -< , .,/"" ... ,/ /' , / /"'" ..A ...."' I -< I ....1 /'" /" I I ."1(. . I / :'. \\ , ....., - - / " " ( " \ "~\ \' "- \ / ' \ '. '. '. 1<). . \)~<v . T 892.0 . . ~~ B' 891.0 .. c!f'~~ . . T 902.0 , <v\>-- B .898:0 ()O . I, : ~ . . B 901.0. . . . 1,\, \ . TO=rAC LOT = .38,-837 FT^2 . . .. . \ \ 36,524 f"T'~2 OPEN. SPACE .... . :.,v (26,096 F;r^2 WETLA~D =1- '1"0,428 FT^2. GRASS) . 806. FT^2 DRIVEWAY . .. .. .1,067.FT"2 HQUSE, .440 FT^~ GARAGE. . , \ ~35 FT^2 F \ \ V (/l c:> .u '" z ;::: ~ . ::; :r u UJ ., L c... LO .0 I<) LO ,,,, ,-,-, ,... -,- I -,I I I I I I I ...,,,,, . I.."" I ,..... o o ~ ::! .j . . w o o L /\, .-<. ) < l' / '- / .... "" o ;0 5! ..., o '" IL 00 o - o ... ~ w ~ o ...J ~ (/l / \ o ~\ ~\ ~ ;;-f '" '\ / / / / -< ~ / / / " / NORTI-1 ~t~ (o':;'<:kJ> '. "" #:V-~~ tJI;~ ~ "...-__NORTH LINE OF RLS NO. 48 AS ~ONUMENT[D ~~,..s CENTER OF SEC. 14, T 31, R 22-J...... ~ _-= =-= ~~~ -= _ ~_----= =-= ~_- S89'3il':;:9'45'W -_----= ."Ol =-__=__=_ --= =- NE C~NE~ GCN'T LOT J =-_ I04':~O , I i ~ ~ l:: " , t=l \.'Z ,'Ii 1- - - - - - W:ft'1\ I .1-'.... ~ I /1 j! I I ./~~ ! ! ! ~ : ~""'~i-'--"',--\ , \ I:, . \ I 'I,' , ~/I N8tr29~-#5"'''' , ~ ~ZONfR --= ( <v/ -<\0-0 's<? \ Si-G ~I\ 02I.JqN[D--.,..... I~ & EAST X OF SEC. 14, 131, R22 4;) I ~~~4~ 3~.W:Ti~ ----..., ~1 ,,41' I (ANOKA COUNTY UONUUENT)~', . . _ _ ~9"29'45~ _ 2635.~ -22- - "- r 589'36'45"[ - -2~22 I \, ~~~CrS~~~R "LINE 33 --MEAN BEARING AND USED I ~~J~r;~.GT~N3i~ ~ 22 I I I I I I I I I I I I I 'I I I: I 11_ ffl Ii I 'I I, I i! :t I cl ,.. ',' \) ~ g :;l EX/STING PROPERTY DESCRIPTION: (PER llllE COMMITMENT NUMBER 4-34576) PARCEL 1: All of Tract A. Registered Land Survey No. 48. files of the Registrar of mles, Anoko County, Minnesota. Except the north 299.00 feet thereof. TREE INVENTORY SKETCH -of- HINZAlIS ADDITION -for- JEFF & LAURA HANZAL 7381 OLD MILL ROAD CENTERVILLE, MN 55038 PHI (651)-653-2020 OWNER/DEVELOPER I, PARCEL 2: Outlot A. ACORN CREEK SECOND ADDITION, Anoka County, Minnesota. PARCEL 3: That part of Government lot 3, Section 14. Township 31, Range 22. Anoka County, Minnesota described as follows: "., ,.......,.....-,. '. , l~'" ,,~- ~ "'''''''' '--' Commencing at the most westerly corner of Tract A, Registered Land Survey No. 48; thence on on ossumed bearing of South 83 degrees 18 minutes 00 seconds Eost along the southerly line of said Tract A 0 distance of 355.00 feet to on angle point In said southerly line and the point of beginning of the property to be described; thence South 42 degrees 10 minutes 00 seconds East along said southerly line a distance of 340.00 feet to the westerly line of SCJid Tract A; thence South 00 degrees 50 minutes 00 seconds West along said westerly line a distonce of 52.00 feet to the easterly extension of the northerly tine of Tract B, Registered Land Survey No. 48; thence North 89 degrees 10 minutes 00 seconds West olong said north line and its easterly extension 0 distance of 106.50 feet; thence northwesterly 72.66 feet along a non-tangential curve concave to the southwest with a chord bearing of North 60 degrees 19 minutes 06 seconds West. a radius of 50.00 feet and on Included angle of 83 degrees 15 minutes 51 seconds to a point of reverse curvature; thence westerly 69.84 feet along a reverse curve concave to the north with a radius of 100_00 feet and a central angle of 40 degrees 00 minules 50 seconds; thence North 61 degrees 56 minutes 13 seconds West tangent to the previously described curve a distance of 90.93 feet: thence westerly 41.87 feel along a tangential curve concave to the south with a radius of 55.00 feel and on included angle of 43 degrees 36 minutes 54 seconds; thence North 30 degrees 30 minutes 23 seconds East 0 distance of 246.91 feet lo the point of beginning. ~, ~. " , ..' ...... ....- ...., ....- r... ~... .._ , ., ", , ... .... .._ I , ,..._""-,, ".""-." ,~.~~ ) ) \:\'\! , . / /( / \ \ \ \ \ ~ZONk--.E ~ \ \ \ \ \ \ \ \ \ \ I m .. '" m :il --;i;l~c?o~E- - ..... ..... i ~ i j -/80.20 -:::-'-- -.-". '~4.2.1B / " " PARCE;l 1 lO"{6 't. "'- " " --.... i9.,Sl~ r, " ",-, \ ) I ( \ \ , , I '" J -~. .,. . . /, . . . " -'... - . .,;\ ........l~-:\~.~ . "I/"-: - - . .. . '\ _i. . . \Q' 0'..... .-..00 ~ZONflS.J * Q' .i~' .... . , ,- ' ..... \ APPROXIMATE CENTER Of n, 25 fOOT WID[ CREEK ;..- \ I: " / I ____L I I I I "- . 'j,. '~'ftf?'.' . .. ........cREf;k:..... . ." ~~'6l1" , ,-, ~o::: ----- ~ ~ , '\ ..... -' ~ZONfJ8J :_\ r- '- , 1/ /:..... r- I ',-- - f..) - , , \ \ A'~- ,/ '/, (/y' ../"" (, v ,-, '0(' _ \ - -< - < ' {, I' "" ~,"vl \ ..., - ,"" I ' ' G 1-\' /....,~' ~~~ _"",-... 1-' /', ~ (, ", - , \ r -, -<, '; < -(' / <, ') "- '- ! ('";) v <: ') v -----,- :_\ r-\ J..-..... ,..........- I f-.. /.--, 'X~ ,\.~ :,..... r-\ '--.... t~ ,', ~ (~>' _ ~ZONKB '," ..' / , '- ,.; - GRAPHIC ~CALE ~..J ":" , ~/ :~.... , ',' ( IN FEET ) 1 inch'" 50 fL ,/ ,/ LEGEND . DENDTES IRON MONUMENT FOUND AS lABELED o DENDTES IRON MONUMENT SET, MARKEO RLSI 41578 ~OENOTES ANOKA COUNTY CAST IRON MONUMENT "@DENOTES EXISnNG WELL (!.) DENOTES SANITARY SEWER MANHOLE r2i'JDENOTES TRANSFORMER ~ DENOTES F/BEROPnC BOX /D OENOTES TELEPHONE BOX i:J DENOTES CABLE BDX /IJ OENOTES ElECTRICAL BOX ->>----<1 OENOTES 12" de 16" RCP ....~::::::.:::._-< OENOTES EXISnNG CONTOURS -- DENOTES WEtlAND LINE Illl!lI!l\!!ll DENOTES GRAVEL SURFACE c:::::::::::.:J DENOTES CONCRETE SURFACE C~=:J DENOTES WETlAND AREA ~ DENOTES BITUMiNOUS SURFACE --- 10 DENOTES HYDRANT ~ DENO TES SOil BORING o DENOTES CA TCH BASIN * DENOTES WATER SERVICE: !Xl DENOTES GA IE VAL VE --- (......., " APPROXIMA.TE CENTER OF---" 25 FOOT WIDE CREEK --- '/, ,/ " ( '-::"" \ '-;'-', \ .. -,~- \ " \\<; \ \ --- ,:A- --- - ,~'- /' " Professional Land Surveyors www.egrud.com6776LakeDriveNE.Suite 110 Uno Lakes, MN 55014 Tel. (651) 361-8200 Fax (651) 361-8701 S:Wd~~""I:1 ,/ /' ,/ ,/ ,/ / / ~ZO~ NO TES: Field survey was completed by E.G. Rud and Sons, Inc. on 10-03-06. Proposed contours. storm sewer, ponding. wetland fill, and mitigafion areas provided by Plowe Engjneering. N.C. V.D. Vertical Datum Bearings shown are on an assumed datum. Contours ore at 2 foot intervo/s. Curb shots ore taken at the top and back of curb. Wetland delineation completed by Kjolhoug Environmental Services Company, phone /952-401-8757. Trees tagged with numbers 531-826 by Vernix Forestry Consultonts, phone #763-767-1142, on 12-18-06. This survey was prepored using a Title Commitment prepared by Burnet Title file number 4-34576. Contact the Post Cfosing Department with questions or comments at (952)-844-6210. --E~.E.~ --- --.---.......-.- ,..--..-1.......... _________---!t:- DRAWN" BY: NAA CHECK BY: .ER JOB NO: 06-482PP DATE: 01-02-07 OK(; NO: TRffINVfN SCANNED ----. " ,'''.\.~~..~1:4 "" t<r<~~""\\ :. \ CIRCLE PINES,; E ~ \" tAN ./~.l ...~:f.1,..-....-..~O",' ',,~~~~~,"~ CER TlF/CA TlON: I hereby certify that this survey. plan or report was prepared by me or under my direct supervision and that I am o duly Registered. Land Surveyor under the lows of the State of Minnesota. 2 J NO_ DATE. DESCRlPTJON BY ~~ Date: 7 00 License No. 41578 January 6, 2007 To Members of the City Council RE: Variance for lot six of Jeff and Laura Hansel's property Placing a house only 25 feet from the street is too close (includes the boulevard). Our house is 50 feet from the road including the boulevard. That leaves very little space for sidewalk and landscaping. Our sidewalk extends more than 5 feet from the house. If a two -story house is placed on the lot; it would look over-powering and appear closer to the street than it actually is. It definitely would be out of place in relations to the other homes in the area. Now that the lot is an R2, the owner can put in a two-car garage. Everyone else has a three-car garage. Everyone has at least two vehicles. The third garage is filled with a snow blower, lawn mower among other things and a number of residents have run out of room and built storage buildings. Where will the people put a storage building on that lot? We are not aUowed to put structures within 100 feet of the aeek middle. Will the cars have to park in the driveway? Where will the cars park if there are more than 2 adults or teenagers with cars? How high will the retaining wall be? A retaining wall would have to be on the south side and west side of the house. The driveway would need to have fill and it would sit 22 feet from the bottom of the hill. The area floods with snow melt and heavy rains. I have seen Jeff's back yard under water almost to his back door. We have 24 steps going down the hill and the water comes up to the second step. When we first moved in our house. we intended putting rocks on the bank to avoid erosion. We had bids sent to the watershed district We were told the rocks would have to go up 7 feet That was the level of the flood zone. When we built, we did not put in retaining walls or add fill. We had to build within the code requirements. The 100-foot setback from the aeek center wasn't in place when we built. We had three different house plans. The first two didn't fit the lot We had to work until we had a plan that fit the lot without variances and within codes. Attached are pictures of the area. You can see how the creek cuts into the property. With a 100 It setback, I don't see how there will be room for a structure. The second picture shows the front parcel. The tree line is where Jeff plans to have the front of the house. There is a wrve in the road at that point and cars come down that road speeding. It would be a dangerous situation. (.- / . ... . , l.L 7?f..,e-:L.-- (~./> ,d':L~l.:-L./ ,...., . '" l.r :'.'uj'" ...,.~ ,~ i .' ,'~_ ~ ~ \ ., . /,,\ ~-_.... ~ , ~', l ., S :I- III . e-& tv cr Planning and Zoning Officer, February 1, 2007 We are writing this letter in order to address the major issues for the Hanzal Development near 7381 Old Mill Road. Our main issues and concerns for the development are the re-zone and the variance request for the property. We live at 7368 Old Mill Road so this will have a huge impact on our quality oflife. We are not against development at the property, but will want the development to conform to the ordinances and codes as we also had to when we built our house in 1998. We are listing the following concerns that would like the P & Z Board to look at when making their decisions: t.-S 1. Our neighborhood ~ zoned R-5, we would like that to stay the same across the street. Main concern is the lot and house structure must follow certain restrictions to comply. Ground Level structure must be minimum 1200 sq. feet and have three car garage of 600 sq. ft. area in garage. 2. Variance set-back issue is a major concern. Currently all of our houses/garage structures are set back from the street curb of more than 50 feet. City code requires set back in R-5 and R-2 to be a minimum of35 feet from the right of way easement on the street. (That usually equates 50 or more feet from the curb because of the easement.) Hanzal is requesting a 20 feet variance which would mean the house/garage would be 30 feet away from the street. The following are serious concerns when it comes to a variance that great: a. Safety is a major problem. Front yard would be very small and kids would be in the street more. Ifa child were to ride their bike from the driveway, there is no sidewalk there, thus an increased chance to being hit by a vehicle. b. Parking another issue. Driveway would be short, like the ones in North and South Robin Lane neighborhood. Cars would be parked on the street more like there. Cars in the driveway would be obstructing view for motorists because they would be in the right away more. c. Police patrol issues. Structure would be 30-40 feet closer to the street and thus blocking clear view down the neighborhood. d. Old Mill Road is a major traffic route to the north in Lino Lakes. Cars tend to go 30-35 mph and the road design there is a curve and a hill from the south. Cars coming from the south would not see the house until the last minute. Traffic has increased ever since Eagle Brook Church has opened to the north. Having the house that close to the road would increase to chance of having a vehicle strike it. (There was an incident like this in 1998 on this street, minivan went into a house) 3. More issues with approving a variance this great on the south lot are as follows: - No variance this great has been approved in this area before. There was a variance ofa 10 foot set back at 7381 Mill Road in 1999 but that builder also received a 50 foot variance was the Rice Creek Watershed District to build closer to the creek. That house/garage structure sits more than 45 feet from the street. - There's a house in Forest Lake built on an irregular lot with variances and still sits vacant three years later. (21640 Imperial Ave.) 4. When our development was built in the early 1990's by Rehbein Development (Acorn Creek), the out lot considered the major portion ofHanzal's lot #6 was deemed not developable by Rehbein and the city council. 5. Also in the Variance code book a developer can not take an existing lot (7381 Old Mill Rd.) and attempt to split it and then claim hardship in order to make a new lot from it. Hanzal is attempting to split this lot from his existing house and is claiming hardship to get the variance. In closing, we are writing this letter to address some major concerns. This proposed development has the neighborhood very divided with the majority against the variance issue. Ifwe wanted our house to be close to the street we would have moved to S1. Paul or Robin Lane in Centerville(R-4, manufactured homes). Having a house/structure not conform to city codes and the surrounding homes is not only a quality of life issue but also a crime. We are not against having a house built on lot #6 or the other lots; we just want them to conform to the others in the neighborhood. IfHanzal could get a variance from the RCWD to allow the house be closer to the creek, we believe a house could be built similar to ours and have the necessary set back as the city code states. Therefore we are asking the Commission to deny the set back variance and either keep the area R-5 zoned or at least have covenants in place so the houses/garages(1200 sq. feet/3car stall) will conform to the neighborhood. ./";7 -=7 c::: SincerelY'(if<.~-"~ ~A -c? ~ Jon ger. y/ ': evr:01t.R /1:,Uur~ Ladine Krueger 7368 Old Mill Road Centerville, MN 55038 651-407-9369 January 26 2007 Planning and Zoning Commission! City Council Members My name is Kevin Malani and I live at 7354 Old Mill Road in Centerville. I am writing this letter with the support of many other residence in the immediate area. This letter is in response to the proposal by Jeff and Laura Hanzal to build a single-family home in the lot directly across the street from my property and south of their residence at 7381 Old Mill Road. We are very concerned with the Hanzals proposal because it includes a variance to the existing code for development in the area. They are requesting for a variance to allow for the new construction to be 15 ft from the easement instead of the required 35 feet. This ultimately would allow for this new construction to sit approximately 20 feet closer to the street than any other residence in the development. In reviewing their proposal we are asking that their request be denied. To support our views we have listed our concerns. Our first concern is with having a non-conforming home in the area. For good reason, city codes usually require basic uniformity in residential developments so that other homeowners can walk out their front doors and view the entire block without difficulty. If granted this 20 foot variance, residence both south and north of this new construction would be looking at the side or back of this house. Also, this new construction will almost certainly have some type of walkway built from the front door as well as some type of landscaping in the front. These logical additions to the new home would ultimately bring the appearance of the home even closer to the street. In addition, if the city decided to use the easement for a sidewalk (or some other use) the house would be less than 15 feet from it. We strongly believe that a home given such a large variance would change the landscape to the degree that the esthetic appearance of the area would be great! y affected in a negative way. Our second concern is with security in the neighborhood. Police rely on the uniformity of home being the same distance from the street when patrolling an area; especially at night. The proposed new construction would block the view of officers patrolling in either direction. Additionally, it would be easier for a criminal to hide behind a house that protrudes out 20 feet. Granting this variance would reduce the visibility of the officers patrolling the neighborhood while giving criminals an advantage. Granting this variance would infringe upon the security of our neighborhood. Our third concern is with increased on-street parking. It is without doubt that a driveway of 30 feet or less would increase on-street parking on that side of the road. My driveway is approximately 55 feet long, my neighbors John Krueger and Norma Essex driveways are both at least is 51 feet long and I believe the Hanzals driveway is at least 60 feet long. I can fit 4 cars in my driveway though occasionally I have guests over and need to utilize on-street parking. A driveway of 30 feet or less would be able to accommodate 2 cars at most and on-street parking on that side of the road would become commonplace. In the event that we both need to utilize on-street parking at the same time would create a narrow one lane to pass through either way. Given the contour of that stretch of Old Mill Road would almost certainly lead to accidents. Our fourth and most important concern is with the safety of the residence of the new construction, their children as well as other children in the neighborhood. The road in front of the lot curves towards it and with the new construction being only 30 feet from the street... there is a greater chance a driver losing control of their car driving up through the lawn and into the house. Additionally, we all know that children love to play with each other and they all love to play in their front yards. We also know that it is impossible to watch them all the time. With a front yard that is only 30 feet from the street there is an increased risk of those children playing to close or even in the street and being hit by a car. With a shortened front yard there is naturally less playing area and naturally less reaction time a driver would have to react if a child was running towards the street. This is a serious concern of many parents including myself (a parent of 3 children) who would be devastated if something tragic happened in my own front yard. Additionally, it has come to my attention recently that this lot was once owned by the developers of the homes in the area some years ago. They and the City Council at that time had come to the conclusion that this lot should not be developed. With that in mind, they sold this small piece ofland to the former owner of Jeff Hanzals' house at a very reasonable price. It seems to me that if the owners of the development couldn't build there why should we consider it now. I believe they realized that developing this lot would not be good for the community nor its residence. Finally, I leave you with this question. I ask you who would be responsible if something tragic happened? Would it be the Hanzals for asking for such an extraordinary variance for this new construction? Would it be the residence of the area for not doing enough to stop it? Or would it be the Planning and Zoning Commission and City Council for granting the variance to allow this new construction to take place in light of the concerns perceived in this letter? I believe the answer is all of us in some way would be responsible. We are asking that you reject the requested variance for the aforementioned reasons. Weare asking that you support the sanctity of our community as well as the safety of our residence and our children. Thank you for your time, Kevin Malani 1~' 1)/4.,' CENTERVlllE TOWNOFFICE PARK 2ND ADDITION KNOW ALL MEN BY ll-IESE PRESENTS: That Sedona Townhomes, U.C, a Minnesota Limited Liability Company, fee owner, and The RIverBank, a Wisconsin Banking Corporation, mortgagee of the following described property situated in the State of Minnesota, County of Anoka, to wit: Lots 3, 4, 5, 6, and Lot 11, Block 1, and OUTLOT A, CENTERVlLLE TOWNOFFlCE PARK, Anoka County, Minnesota. Has caused the same to be surveyed and platted as CENTERVlLLE TOWNOFFlCE PARK 2ND ADDI110N and does hereby dedicate to the public for public use forever the drainage and utility easements as shown on this plat. Also dedicating to the County of Anoka the right of access onto County Road Number 54 as shown on thIs plat. In witness whsreof said Ssdona Townhomes, LLC., a Minnesota limited liability company, has caused these presents to be signed by Its proper officer this _ day of 200_ Sedona Townhomes, LLC Chief Manager Paul J. Keleher STATE OF MINNESOTA COUNTY OF The foregoing Instrument was acknowledged before me this _ day of 200~ by Paul J. Keleher, as Chief Manager of Sedona Townhomes, LLC., a Minnesota limited liability company, on behalf of the company. Notary Public, My Commission Expires County, Minnesota I hersby certify that I have surveyed and platted ths property described on this plat as CENTERVlLLE TOWNOFFlCE PARK 2ND ADDI11ON; that this plat Is a correct representation of said survey, that all distances are correctly shown on the plat In feet and hundredths of a foot; that all monuments will be correctly placed In the ground as shown; that the outside boundary lines are correctly designated on said plat and that there are no wet lands as dsflned In Minnesota Statutes, See. 505.02 Subd. 1 or public hIghways to be designated other than as shown on said plat. Jason E. Rud, Land Surveyor Minnesota Registration No. 41578. STATE OF MINNESOTA COUNTY OF ANOKA The foregoing Surveyor's Certificate was acknowledged before me this _ day of Rud, Land Surveyor. 200~ by Jason E. Notary Public, Anoka County, Minnesota My Commission Expires This plat of CENTERVlLLE TOWNOFFICE PARK 2ND ADDI110N was approved by the City Counc~ of Centerville, Minnesota at a regular meeting thereof held this _ day of . 200_ and If applicable, the written comments and recommendations of the Commissioner of Transportation and the County Highway Engineer have been received by the City or the prescribed 30 day period has elapsed without receipt of such comments and recommendations, as provided by Minnesota Statutes. Section 505.03, Subd. 2. By Mayor By Clerk This plot has been checked and approved this _ day of .200_ Larry D. Hoium Anoka County Surveyor GRAPHIC SCALE ~~~ i T ( IN FEET ) 1 Inch - 40 lL 4 4 Denotes Restricled Access dedicated to Anoka County . Denotes 1/2" Found Iron Monument marked RlS #41578. unless otherwise noted. NOFCTH All monuments required by Minnesota Statute. and not shown on this plot. will be set within one year of the recording dote of this plot. and sholl be evidenced by 0 1/2 inch by 18 inch iron pipe morked by RlS 41578. For the purposes of this plot the West line of Outlot A, CENTERVllLE TOWNOFFICE PARK, Anoka County. Minnesota. is assumed to have a bearing of 500"22'20"E. Professional Land Surveyors I -----------------.----l E. line of the W. 956.5' r of 5E1/4-NE1/4 Sec. 23 S89028'<l9"' Found 1/2 inch - <10.00 -- iron j e ~~ r------- / / / / / / / / .. .. " l.. " ... ... ~-~ ... --~ ." ~ ~) ,- , \ -, ,- L ' -..I ~~/: / , / I..l.J "- , ~ c- -~ ---- --- --- --- Found 1/2;;;Ch iron pipe '\.- L.I. I , ; I..l.J / r-. ,,-- .../ ... ... ... ~-~ -~.. '\.- L.I.. ........... <~I- ... / , / I..l.J , ~-..1 , \ '- ... .. , , . , ...... ...... ...... ...... ................................. ............ .te-;>o~ .............. \ .....olI. ,~6'.:e-~ .J ~- : SB9'J1r04'W : I I I I, I '" I , , I ...~ I... \ " I 1_ .....'" ~--------------~< I. I "1'( .... : ,..\.t,,' ! !.. ,/', Y : ... -'.!4 ' : I '" I ~._-<-~-~--_._~ \ - 'I( " , I' V I : ,_J : I r- 1 I :~ 1 : : -------------- CD1--- I \ ~ ~nm-m-m-~ ..~:t <:I i ; \ " ~y 1 ! I n I S89096 '09"" ~ '" l-----m-f\C-~ tl6~.t.t SB9'J6'OJ'W \<.., ~ ~~ V ~,.;~ ---.-..- n --. __m_ - - - ---. - --- -- --<{>Y-- -::Y~~-~~:~~~ m______. -" - m ~~-..-- ---- --l~- ! ~~ 1000OO . .. ,<~_:> 1<:1 , -< < , , - -< l" ' ' , ~~ 3 \ ,',>/ g~ 1<:1 ~5! ...>':: ~~ , ' -l ill ,,( '-' , , 5107.#7----- 84'rJl 18"" ~. l'i 107.25 202.75 ~ ~~ ~!':i ~~ ~ f;! "'- ~ "" \ ( \ \ ,-North line of Lot II, Block 1, CENTERVlLLE TOWNOFF/CE PARK I N89038'01"" 306.56 I I I I J 60.00 S89036 '0<1"" t roq .!O ~~ _ll'f___n---.>n ~ ~\S I:) " c::o ~ ,~ ~ S89"3S'OrF 60.00 1 DRAINAGE AND unL/TY EASEMENT 7HROUGHOUT LOT 1 .. : : .. < , -< " ... .... , .. V .. 35.50 <:I ~ ~ ." It) ~: l" ~ ~ ~ ~ ~ !')fg 19!') ~~____m_~~ ~ 8 ~ <:I ~ ~ ~ ~ Sl8'28{#f .<.::.. <:I I ~to.;" .(o$) ~. t1~::: .,. ~l~ r ~ '-, '., '-. ":... S90'llO~ Jv !.'!..~ "'11 ~ 't ~(" I _',r- < I. ... '< ... ,.... ' ,.. ... \ .....:- ", " . .~ ~'>~ ..., ~. cJ"'1o'1o DRAINAGE: AND unuTY EASEMENT 1HROUGHOUT LOT 2 ............... 2 ~ ,"', " ~ '..' ~" . , - ., . ,,:,,'-' < / '< ... ~ Cdge __/ of "'ot ___ 8r Os ~ __ Oeoted .A IIIY.31 __ ' 200.3 - - <:I '., '.. c.:( f ", '-, "" "0 "-, '-' f ' , '., Woter eleVation '" 8960 . (r"eoSlI red du~ .37 ~ 200J) 50 Ctt'!d Or Cent.srv1l\s COUl'lt.!d or Anoka eect.ton 23, 131, R22 60 I I I , , I , 1----------- I I I I I \ I I , I \ I \ I I I I I 1 I I I I I I I I I I I I I I I I / 50 I I \ , I I_T- ,-.- , ~-- ,,'" ~~M - 0>--. ~ II g ~88 000 ~~~ 0::"'- "l: . :::;-'0 J:":> ~e< ~i-~ " , , . I,.' 'A_ 1'-' I ~;: ,"-- 1..1 I ~~~ '--' ,Z \,., ... ,> II::: -.- ~-- I ,:~ .-, '-' .-. , -T- _A. .....r -. , " '" , , '-' {'': u Ii I I I I ...., '" is ,>= -u ~~ ",15 i!:... lo...'-- 0- ~~ ::;'" I ...i!: I ~lo... !'-"'O I " I , I I , , I I 50 CI1Y OF CENTERVILLE PLANNING AND WNING COMMISSION JANUARY 2, 2007 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on January 2, 2007, at 6:30 p. m. COUNCIL: Chairperson Brian Hanson Commissioner Jeff Hanzal Commissioner Robert Wright Commissioner D. Love Commissioner Thomas Wood Commissioner Mark Pangell A Commissioner Jennefer Klennert Hunt n/7(D)t,gJ :::issioner Ben Febrenbach~@~ &~~[f@\J~ Council Member Broussard PRESENT: ABSENT: STAFF: Mr. Dallas Larson L CALL TO ORDER 1. Roll Call The meeting was called to order at 6:30 p.m. It APPEARANCES None. m PUBLIC HEARING(S) 1. Mr. Jeff Hanzal - Rezone Request. Comprehensive Plan Amendment. Preliminary Plat & Variance (7381 Old Mill Road) Chair Hanson opened the public hearing. Mr. Jeff Hanzal of 7381 Old Mill Road addressed the Commission and explained his request for rezone, Comprehensive Plan Amendment, Preliminary Plat and Variance. Mr. Patrick Fruth of 7384 Old Mill Road asked if there would be future development plans for this property or why R-2 is being requested. Page 1 of8 City of Centerville Planning and Zoning Commission January 2, 2007 Mr. Hanzal explained that their home and most of the property is zoned R-2 and they are not planning anything additional other than what is shown on the proposed Plat. Mr. Hanzal explained that they are attempting to rezone the smaller portions that are R-5 to have them match the R-2 of the remainder of the property. Chair Hanson asked what the minimum lot size is for this development. Mr. Hanzal indicated that the smallest lot is .72 acres. Mr. Jon Krueger of 7368 Old Mill Road said that he feels that the development should be R5 for 17,500 square feet minimum and the building size concerns him because they were required to have a 1,200 square foot foundation for their house and R2 only requires 1,050 square feet. He then said that 440 square feet of garage is required for R2. He further said that he is concerned with his property value by adding these smaller homes and garages. Mr. Krueger indicated that this development will increase noise, light, density and an R5 lot would be less of an impact to their development. He also said that he is concerned about drainage issues. Mr. Krueger indicated that there is a water pipe on the outlot and Rice Creek uses that outlot to get water into the creek but his main concern is that this will bring down his property value by going with a smaller size house. He then said that he feels that the variance for the driveway should not be allowed because he was required to follow code for a 35-foot driveway and it causes him concern for safety hazards and there will be nowhere to park. Mr. Krueger indicated that he would like all of the property to stay R5 rather than be rezoned to R2. Council Liaison Broussard indicated that the lot sIZe IS almost double the R5 requirements. Mr. Fruth asked what will be done with the drainage pipe. Mr. Hanzal indicated that it flows into the creek right now and their plan will redirect the drainage to a holding pond west of Lot One. Chair Hanson asked what the property north and south of the Hanzal property is zoned. City Administrator Larson explained that across the street is R5 and the other area is R2. Mr. Hanzal indicated that the R2 zoning does not guarantee a small home. He then said that the homes in Peltier Preserve, which is zoned R2, are nice large homes and they plan large homes in their development as well. Page 2 of8 City of Centerville Planning and Zoning Commission January 2, 2007 Ms. Norma Essex of 7333 Old Mill Road asked how far back is it from the road to the bluff at the north and south end. Ms. Essex indicated that they are concerned with putting homes 10 feet closer to the road than they are. She then said that the whole creek area is prone to flooding with heavy rains and snowmelt in the spring. Mr. Hanzal explained that the home would be 15 to 20 feet back from the road and noted that they have the flood way delineated on the plan. Commissioner Love asked which areas are not R2 because most of the property is R2. City Administrator Larson pointed out the R5 and PI zoning area of this property on the map. Mr. Kevin Kowarsch of7354 Old Mill Road indicated that he lives across from the south lot and said that his major concern is the driveway since he lives across from it. He then said that he feels it will be an eyesore looking at a building that is 15 feet closer than required by Code. He further said that something like that will increase on street parking and safety hazards for his kids and other kids in the neighborhood. Mr. Grant Peters of 1817 Revoir Street questioned the R2 versus the R5 zoning as the lot size seems to be in line with the neighborhood. He then asked why this needs to go to R2. Mr. Hanzal said the intention is to zone it all the same rather than having two parts of the same lot zoned separately not to allow for smaller lots and smaller homes. Mr. Peters asked if the value of the properties on the opposite side of the street would be affected by R2 zoning versus R5. The Commission said it would not. Mr. Peters asked how the bluff drop offwill be filled. Mr. Hanzal indicated that a retaining wall would be engineered to address the fill in that location. Ms. Jodi West of 1825 Revoir Street said that she is concerned with the home being closer to the road and she is concerned about her property value. Chair Hanson said that usually there would not be a devaluation of property adjacent to this property if it is rezoned to R2. He then said that the types of homes may affect values. Page 3 of8 City of Centerville Planning and Zoning Commission January 2, 2007 Commissioner Wood indicated that lot size and value of the home is considered when valuing real estate rather than the zoning to detennine the value. Mr. Kevin Kowarsch indicated that his concern is that the home would be 15 feet closer to the street. Mr. Hanzal explained that he spoke with Mr. Larson and there may be an opportunity to bring the driveway in from the side to alleviate that concern. Mr. Hanzal indicated that they are concerned about the neighborhood and are attempting to do whatever can be done to make this development a nice development to enhance the area. Mr. Peters asked for a diagram showing how the home would sit on the lot. Mr. Hanzal explained that a side loading garage has been considered for that lot. Ms. Essex asked if the Commission have been out to view the property. The Commissioners indicated that they had been out to the property. Ms. Ladine Krueger of 7368 Old Mill Road said that a nice house could be put on these lots but putting a large home on a smaller lot means there is no room for them to play and they will be out in the street playing and that concerns her because Old Mill Road is not safe for the kids to play in. Commissioner Wood asked whether there would be covenants in place for the size of the homes and other amenities. Mr. Hanzal indicated that there would be covenants in place for the lots. City Administrator Larson asked the Commission to consider whether the variance should be approved prior to receipt of a specific plan for that lot. He then noted that if this is recommended for approval, Council will not approve it until or if public utilities are available. City Administrator Larson explained there are time constraints for making decisions on whether the utilities will be extended and Council may be asking Mr. Hanzal for an extension. Motion bv Commissioner K1ennert Hunt. seconded bv Commissioner Love. to close the DubUc hearin2. All in favor. Motion carried unanimouslv. Commissioner Klennert Hunt asked to do this one step at a time. She then said that the goal is to make sure there are not islands of zoning by themselves and the street is a natural border so it seems to make sense to move the small pieces ofR5 zoning to R2. Page 4 of8 City of Centerville Planning and Zoning Commission January 2, 2007 Commissioner Love indicated that the zoning makes sense because the property is owned by the same property owner and the road makes a natural break. Motion bv Commissioner K1ennert Hunt. seconded bv Commissioner Wood. to recommend approval of the Comprehensive Plan Amendment and Rezonin2. All in favor. Motion carried unanimouslv. Council Liaison Broussard asked what happens to the lot if the variance is not approved for it. Mr. Hanzal indicated that it would be added to his property, which is the existing lot. Mr. Hanzal indicated that the lots will be fairly pricey and he does not see anyone putting a small home on them. City Administrator Larson asked for a site plan that shows exactly where the home would go and shows how much variance is needed for the driveway and how much green space would be available to the family to use. Mr. Fruth asked if the rest of the lots would be approved. Chair Hanson said that would be up to the Council. Commissioner Wright said that he is concerned with the setbacks for officers for patrolling and for safety in the neighborhood. Motion bv Chair Hanson. seconded bv Commissioner Pan2ell. to recommend aporoval of the Preliminarv Plat and Table Variance Reouest for 7381 Old Mill Road. All in favor. Motion carried unanimouslv. City Administrator Larson indicated that this would be before Council on January 10, 2007. Council Liaison Broussard asked how the Commission feels that the Variance meets the state statute for hardship. The Commission discussed criteria two. City Administrator Larson said that the floodway boundaries and steep grades would make the property unique. Council Liaison Broussard asked if this is detrimental or injurious to the adjoining property and whether approving the variance would create a safety hazard for the people that build a house on that lot. Page 5 of8 City of Centerville PIamring and Zoning Commission January 2, 2007 The Commission agreed so long as the home is set properly on the lot to allow it to be used properly there would be no safety issues with creating this lot. The Commission agreed that this meets the requirements to grant the variance. Chair Hanson indicated that he would like to ensure that the driveway is situated properly. City Administrator Larson said that the City should limit the variance to the smallest variance required. Council Liaison Broussard recommended requiring plantings for screening the home from across the street. Council Liaison Broussard indicated that this would not change the line of site down the street because there is not one because of the curve in the street. The Commission and Council Liaison Broussard discussed undue hardship and how it applies to this property. IV. OLD BUSINESS 1. Comprehensive Plan Review The Commission asked that the tables, years and number of acres be updated by Staff Commissioner Love indicated that he would like to adjust the figures for commercial on Page 39. Chair Hanson agreed. City Administrator Larson indicated that Council wanted to wait with that but it may be possible to move some of the property along 14 to commercial. Commissioner Love would like to consider making land along 20th Avenue commercial rather than industrial. Chair Hanson would like the section to the north to be commercial rather than industrial. City Administrator Larson indicated that when the Planner comes on board he/she will review and make recommendations for changes. Chair Hanson questioned whether it is necessary to state the type of housing. Staff will have the Planner take a look at that statement for updating or removal. Page 60f8 City ofCenterville Planning and Zoning Commission January 2, 2007 The Commission discussed whether 10 acres of multi-family housing has been accomplished or if the statement should be removed. Staffwill discuss that matter with the Planner. The Commission asked for an update on CSAH 14. City Administrator Larson indicated that the agreement has been signed by the City and the County and construction will begin this construction year. City Administrator Larson indicated that the County has said it will approve a traffic signal if built by the developer but they would only allow a left turn out of the north side at 20th Avenue Commissioner Klennert Hunt indicated that the Livable Communities Act information can go into the downtown area. Commissioner Love asked about the PUD language on Page 42. City Administrator Larson indicated that is the priority way to develop the downtown. Chair Hanson indicated that he would like to be more consistent with signage and would like to enforce the sign ordinance. Staff recommended looking at it for the types of signs wanted in downtown. Chair Hanson suggested removing the sentence about discussing with Lino Lakes for construction of 21 st Avenue. Staff will reword that sentence slightly to leave the option of discussions open because it is not currently being discussed. Commissioner Klennert Hunt asked that the EDC Committee be removed as well as the Star City information. City Administrator Larson will add that the City has established an Economic Development Authority. Chair Hanson asked Staff to remove the note on Page 48 stating that no construction is pending for CSAH 14. Staff will remove. Commissioner Klennert Hunt asked to add something about the backage road to state that the City is working to promote development. Page 70f8 City ofCenterville Planning and Zoning Commission January 2, 2007 City Administrator Larson indicted that Park & Recreation would be reviewing the park portion of the Comprehensive Plan and providing feedback to the Planning Commission. v. NEW BUSINESS None. VL DISCUSSION ITEMS None. VII. CONSIDERATION OF MINUTES 1. December 5. 2006 Planning and Zoning Meeting Minutes Motion by Commissioner Loye. seconded by Commissioner Fehrenbacher to aoorove the Minutes of December 5. 2006. as oresented. AJI in favor. Motion carried unanimously. Commissioner Wood abstained from voting as he was not present at the meeting. VIII. ADJOURNMENT Motion by Commissioner Love. seconded bv Commissioner Wood to adiourn the January 2. 2007 Plannin2 Commission meetin2 at 8:40 o.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 8 of8 ..'-c ~ w' 2007 LAND USE PLANNING WORKSHOPS FOR LOCAL GOVERNMENT OFFICIALS - Appointed, Elected and Staff Sponsored by Govemment Training Services (GTS) Co-sponsored by Association of Minnesota Counties (AMC), The Initiative Foundation, League of Minnesota Cities (LMC), Metropolitan Council, Minnesota Association of Minnesota Townships (MA T), Minnesota Chapter of American Planning Association and Minnesota Regional Development Organizations (AfRDO) Each spring, GTS presents a series of Land Use Planning workshops in various Minnesota locations designed especially for citizen planners, and 2007 will be no exception! Sessions provide opportunities for in-depth study of current topics and hands-on applications. Faculty have extensive backgrounds in all aspects of land use planning. The following is a summary of our regular offerings and new workshops. Brochures with complete details and registration forms will be available in late January and posted on our website www.mnats.ora. To receive a copy, call GTS at 651-222-7409 ext. 205 (from metro area) or 800-569-6880 ext. 205 (from Greater Minnesota), or e-mail us at ats~mnats.ora. CORE PROGRAMS YOUR ROLE AS PLANNING COMMISSION MEMBER (half-day) For those interested in practical tips that can make the difference between results and regrets in this important position. Leam how to aeate and implement an annual work program, conduct prrxJuctive meetings, work as an effective teiJm with other commission members, facilitate public participation in the planning process. Obtain effective tools including a model planning report and findings of fact, primer on parliamentary procedures. Much more! ~ March 24 (mom) or April 19 (eve) - St. Paul ~ May 23 (aft) - Utile Falls THE BASICS OF PLANNING AND ZONING Designed for those new to land use planning or interested in a review of the fundamentals, this workshop provides participants with an understanding of the nuts & bolts of planning, zoning & su/x:livision reguliltion. Participants leam where they fit into the planning & zoning process, how to maximize their impact&. how to conduct public hearings plus lots of other basics! ~ April 11 or June 6 - St. Paul ~ April 14 - Utile Falls BEYOND THE BASICS OF PLANNING AND ZONING Participants leam about preparing and using planning tools to deal with a wide variety of development problems, plus obtain an in-depth review of the planning process--from proper legal notice to development of sophisticated findings of fact. It is intended for those with general knowledge of the planning process or who have attended the '777e Basics". ~ April 25 - St. Paul ~ May 2 - Utile Falls ADVANCED ZONING APPUCATIONS This workshop follows the "The Basics" and "Beyond the Basics" and offers a more in depth exploration of IiIOO use issues. Participants leam more about variances, conditional use permits, planned use development ordinances and performance zoning. Emphasis is also given to discuSSion of recent court cases and their implications as well as regulilting challenging uses. ~ May 16 - St. Paul ~ June 13 - Utile Falls SPECIAL FOCUS PROGRAMS SHORELAND MANAGEMENT-THE NEXT STEP Discover the benefits of Minnesota's Alternative Shore/and Management Standards plus new and important ~ principles in ShoreIand management Leam about the flexibility of this approach and become familiar with ~ sample ordinance language. Topics include: open space requirements for shoreIands, when and how to use conservation easements, the need for low impact design principles, case studies and emerging issues. Offered in cooperation with the MN Department of Natural Resources. ~ March 16 - Uttle Falls ~ March 22 - Mankato ~ March 28 - Duluth ~ April 13 - Alexandria SITE PLANNING BASICS FOR NON-DESIGN PROFESSIONALS Sfilff and citizen planners are often called upon to review site plans & render opinions about their compliance with local codes and orcfmances; often with little if any design background. 7his course provides fundamenfills of site iIfIilIysis, cheddists for suIxIMsion & site p/iln tevBv, insights into unintended results, and more! ~ April 12 - St. Paul GElTING THE MOST OUT OF YOUR COMPREHENSIVE PLAN Is your jurisdiction facing /he 2008 deiIdIine set by /he Metropolitan Couna7? OR do your land use p/iln and ordini1nCes no longer matr:h /he current realities and future goals of your community? 7his special pIOfJriIm takes you through /he basics in /he morning including required and optional elements, getting started, /he step-by-step planning process, meaningful community involvement research and mapping tools, and then offets how-to workshops in /he afternoon. Choose from Community Design, Implementing Conservation Development & Open Space Preservation, Preparing & Implementing A Compe6ing Vision and Overcoming 0IiI/Ienges in Redevelopment ~ April 18 - St. Paul SPOTLIGHT ON SUBDMSIONS (half-clay--moming) Designed to provide a basic understanding of /he issues surrounding review and approval of suIxJMsions, /he program wiD COJlB" creating and enforring subdivision regulations, terms, /he elements included in a subdivision fJIOP06i1I. Ci1se studies wi1J illustrate effective designs I:iJking into account street rights of way, utDity easements, grading and drainage, building pads, /ot aaess;. wetlands, and more. ~ May 3 - St. Paul SUBDMSIONS: BEYOND THE BASICS (half-day--aftemoon) Added by popular demand, tfJis workshop begins where /he morning leaves off. Become familiar with examples I I of new subdivision designs around /he country and the elements that are key to creating sustail1ilble N EWI communities. Gain a more detailed understanding of the regulatory flexibility needed, plus how to use that knowledge to review and encourage private developers to be creative and sensitive to your community goals. ~ May 3 - St. Paul HOW TO AVOID DROWNING IN LAKESHORE DEVELOPMENT 7his high/y-rated program is designed to help participants understand how land use dedsions made by local officials have far-reaching impacts on our water resources-particular/y lake quality. Presentef5 discuss the issues created by changing demographic trends, convetSion of resorts, variance abuse, etc. and desaibe effective tools for addressing /he many economic & environmental challenges. ~ September 20 - Fergus Falls ~~_.. . ...~, .'.11, ... .. . . ~'... -."W CUSTOMIZED TRAINING Call Carol Schoeneck at 651-222-7409 x205 Many of these workshops can be brought to your site. You choose the date and location; GTS provides the faculty and materials. Benefits include: . Program is held exclusively for your community (or area of the state) at a lower per-person cost than sending them to the open enrollment presentations. . You are guaranteed a date convenient to your participants. . Workshop topics can be tailored to ensure that your current key community issues are covered. YOUR LINK TO COMPLETE INFORMATION ON GTS SERVICES AND PROGRAM SCHEDULES: www.mnats.ora Complete Workshops Brochure Available Late January!