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HomeMy WebLinkAbout2001-12-04 P & Z CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION DECEMBER 4,2001 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on December 4,2001, at 6:30 p. m. PRESENT: John McLean Ray DeVine (arrived at 7:40 p.m.) Brian Hanson Tom Wilharbcr ABSENT: David Kilian COUNCIL: Linda Broussard Vickers ST AFF: City Administrator Kim Moore-Sykes 1. CALL TO ORDER I. Roll Call The meeting was called to order at 6:32 p.m. Chairperson Hanson indicated that Rob Sheppard had submitted his letter of resignation. Motion by Commissioner Wilharber, seconded by Commissioner McLean to accept the resil!.nation of Rob Sheppard from the Planning Commission. All in favor. Motion carried unanimously. II. PUBLIC HEARING(S) None. III. APPEARANCES None. Page I of9 IV. OLD BUSINESS I. Ordinancc #4 Amendments Ms. Moore-Sykes indicated that the document that states which page the changes are on was incorrect and then indicated she had gone through the document and written down the correct pages and would indicate the page number as the discussion proceedcd. Council Liaison Broussard Vickers recommended going through each change individually to make sure the changes are correct. Council Liaison Broussard Vickers askcd why the City would want to lengthen the time a structure is allowcd to be nonconforming. Ms. Moore-Sykes indicated that, in her experience with other cites, the time period has been 12 months to allow for inclement wcather during the winter months. Ms. Moore-Sykes lcd the Planning Commission in a review of all of the changcs to Ordinance #4. Tracy Tratar asked if there was a reason the City wanted to bc so restrictive on the number of structures. Council Liaison Broussard Vickers indicated that it was a consensus that was arrivcd at after numerous public hearings. Ms. Moore-Sykes indicated that one reason is to limit the amount 01' water runoff and with the soil conditions in Centerville runoff is not casily absorbed. Council Liaison Broussard Vickers indicated she would like to ask Mr. Palzer why he wants to remove the rear yard setback. Commissioner DcVine arrived at 7:40 p.m. Mr. Tratar indicated he measured from the curb to the building for the figures providcd to the Commission. Mr. Tratar indicated his lot is 100 x ISO. He thcn indicated he was told hc does not own the IS-foot City right of way. Council Liaison Broussard Vickers indicatcd if the City measures from the curb it does not mattcr where his lot line is because the City would use the curb. Commissioner DeVine indicated that thc Ordinance indicates that the measurement is Crom the lot line and, ifthc lot line is at the IS-foot right of way, then that is where the measurement should start. Page 2 of9 Commissioner DeVine indicated that the 35-foot setback is there for new construction. Commissioner Wilharber questioned how many houses on comer lots in Centerville do not have a garage. He then indicated that this situation may be easier handled under the variance process because it is a unique situation. Commissioner DeVine agreed that he thinks the situation is unique enough to be granted a vanance. Commissioner DeVine asked if the City has an interim planner. Ms. Moore-Sykes indicated he was an intern and said his last day is December 5,2001. Commissioner DeVine indicated that he would like to research the way the City is measuring for the setbacks and asked who would do that. Ms. Moore-Sykes indicated she would like to see the Anoka County survey maps to see where the lot lines and easement lines for right of way are located. Commissioner Wilharber asked for a site plan. He then inquired as to how far the house is located from the property line to the east. Mr. Tratar indicated the house was 67 feet from the east property line. Ms. Moore-Sykes indicated she thought a variance would be more appropriate in this situation to maintain the integrity of the Ordinance. Commissioner DeVine indicated he was interested in knowing how many houses in town on comer lots do not have garages. Mr. Tratar indicated that with the money left over from building his garage he wants to put a pool and fence in the backyard. Chairperson Hanson asked if the Ordinance addresses burning garbage because he knows someone on Center Street burns garbage. Commissioner Wilharber suggested Chairperson Hanson make a call so the Fire Department can put a stop to the burning of garbage. It was the consent of the Commission to research the front and rear yard issues for lots abutting lakes before making any changes. Ms. Moore-Sykes indicated that the City would corne to a point in development where tearing down homes and rebuilding on the lot will happen and she suggested striking out permit applications not required for single family residential. Page 3 of9 L Council Liaison Broussard Vickers indicated that she did not see language for the zoning permit that Mr. Palzer had suggestcd and indicated she would like to see a list added of everything Staff can think of that should be rcviewed. 2. Zoning Map Modifications Ms. Moore-Sykes explained that the Conscrvation District was not intended for the protection of waterways but was created for future recreation and parks. She then explained that the Mctropolitan Council does not recognize Cl zoning but does recognize thc flood plain designation and that is what governs the development process. She further cxplained that she had discovered that the C I zoning was done to provide a recreation area around Clear Water Crcck back in June of 1991 at the request of the resident at 1759 Main Street. Thc Commission discusscd the pros and cons of the conservation district and dctcrmined that it would be appropriate to solicit input from the City Attorney and the consultant who assisted with the changes to the Comprehensive Plan before deternlining how to rezone the C I district. Ms. Moore-Sykes indicated that a resident had applied for a variance from Rice Creek Watershed District to be allowed to build a four-season porch in the floodplain. She thcn indicated that Ricc Creek had told the residcnt that it would grant approval if the City granted a variance and, since the resident applied for the variance, the 60 day time limit is running. The Commission asked Ms. Moorc-Sykes to call the residcnt and ask her to waive thc 60- day requirements because the City needs to research whether or not a variance from the City is required. V. NEW BUSINESS ]. Consideration of Cablecasting Meetings After discussing thc matter, it was determined that the Commission did not fccl it was necessary to cablecast its mcetings. 2. Extension Requests - Non-compliant Sheds Mr. Michaels addressed the Commission and explaincd that he had been doing extensive remodeling on his house because it was purchased as a HUD home and needed repair. He then indicated that the roof of the shed was not in very good condition and last winter a heavy load of snow slid onto it from the house and collapsed the shed. Mr. Michaels indicated he had come to City Hall to ask several questions concerning the work he was doing and specifically asked whether he needed a permit to rebuild the shed. Page 4 of9 He then indicated that, after asking the size of the shed, the City Clerk had told him that hc did not need a permit. Mr. Michaels indicated that he rebuilt the shed on thc cxisting concrete pad and said the shed is anchored to that pad. He then asked the Commission for eithcr permission to leavc the shed where it is or for an extension to next year, after the ground has dried out, to move the shcd because he did some grading in his yard and installed new sod and a sprinkler system. Commissioner Wilharber askcd how much it cost to rebuild the shed. Mr. Michaels indicated that it had cost between $1,200 and $1,300 to have Minncsota Quality Shed build the shed. Commissioner Wilharber asked if it was possible to move the shed. Mr. Michaels indicated he was not sure and cxplaincd that after the shed was built he had sealed it. Chairperson Hanson asked if the shed was anchored to the concrcte. Mr. Michaels indicated the shed was built professionally and was anchored to the concretc. Chairperson Hanson noted that Mr. Michaels had said he came to the City and spoke to someone conceming the shed. He then asked when Mr. Michaels had come to the City. Mr. Michaels explained he had come to the front desk to obtain information about building a deek and for information on a permit for siding and windows. He noted that the person at the front desk had told him to have his contractor eome and get the permit and then gave him information about decks. He then indicated that he discussed the shed with this person who told him that, based on the size of the shed, a permit would not be necessary. Ms. Moore-Sykes asked whether Mr. Michaels had a site plan with him at the time he inquired about the permit for the shed. Mr. Michaels indicated he did not. Ms. Moore- Sykes indicated that a site plan may have shown that there was a problem with the location of the shed. Mr. Michaels commented that he was surprised that a professional contractor did not know the shed was too elose to the house. Chairperson Hanson explained that because the structure was non-conforming and was tom down, not just modified, the City requires that the new structure conform to the Code. Page 5 of9 Commissioner McLean asked what type of material the shed was built out of. Mr. Michaels indicated that the shed was built out of treated lumber. Chairperson Hanson asked if the shcd could be movcd or if the structure would havc to be demolished and rebuilt. Mr. Michaels indicated he did not know but said he hoped thc anchors could bc detached and the structure lifted off the concrete and moved to another location. He then indicated that ifhc was granted the extension he would have time to research how to move the shed. Commissioner Wilharber indicated that the Commission could either grant an abstention or possibly a variance to allow the shed to remain where it is. Ms. Moorc-Sykes indicated that it might be possible to issue a conditional use pennit and allow the shed to stay in its location provided modifications could be made to comply with the fire codc. Commissioner McLean indicated he did not think Mr. Michaels would be able to meet the hardship requirements for granting a variance. Chairperson Hanson asked if Mr. Michaels could attach the shed to the housc. Council Liaison Broussard Vickers indicated that the shcd would need to have a foundation if it wcre attached to thc house. Ms. Moore-Sykes indicated she would like to research the possibility of using a conditional use pennit. She then explained that, with the conditional use pem1it, Mr. Michaels would be allowcd to leave the shed where it is provided certain conditions arc met. Chairpcrson Hanson suggested setting a date for moving the shed in the event that it is not possible to use a conditional use permit to allow the shed to remain in its current location. Mr. Michaels indicated that he understood that the problem was with the state fire code and thanked the Commission for its consideration. Chairperson Hanson recommended that Mr. Michaels obtain a copy of Ordinancc #4 for fmiher information. Ms. Moore-Sykes asked Mr. Michaels to look into how thc shed could be moved and the costs to do so whilc she researched the conditional use pennit. She then indicated that they should meet to discuss the matter at a later date. Page 6 of9 Motion by Commissioner McLean, seconded by Commissioner Wilharber to recommend to Council an extension to July 1, 2002 to move the shed. All in favor. Motion carried unanimously. Commissioner Wilharber explained that Bill Michacls used to be a Circle Pines Lexington Police Officer and Leanne Huhl is Gene Huhl's daughter. He then indicated that Mr. Michaels was a dare officer and when the kids found out he was leaving the program they were crying because he had made such an impression on them through the dare program. He further indicated that Mr. Michaels is now an Anoka City Police Officer and is the nicest guy to get along with. Commissioner Wilharber indicated that Mr. March had applied for a permit to build an addition and was told his shed was too close to the house. Council Liaison Broussard Vickers indicated that, if the shed was not newly reconstructed it would be grandfathered in. She then asked ifthcrc would have been a site plan provided when the building pennit for the addition was requested. Commissioner Wilharber indicated the new zoning permit fee proposed by Mr. Palzcr would help with these types of issues. Motion by Commissioner Wilharber, seconded by Commissioner McLean to recommend to Council an extension to July 1. 2002 to move the shed. All in favor. Motion carried unanimously. Council Liaison Broussard Vickers commented that the City should not have given a permit that would allow something to become nonconforming. Mr. March indicated he would take the extension to move the shed but said his real interest is seeing if the Commission has any desire to change the Ordinance. He then explained that when he received the notice on his shed that has been in the same location since 1995 he spoke to the building official in the community that he works in and was told that if a one hour fire wall was installed the structure could be located one foot from the principal structure. Mr. March indicated that he wants to side his shed so it matches the house. He indicated that the shed has significant landscaping around it and suggested he would upgrade his shed to be allowed to have it closer to the house than currently allowed. He also indicated that there are a number of sheds in the community that are in a similar situation but stated some may not be able to be upgraded to meet the fire code requirements. Chairperson Hanson indicated that the Commission had just discussed allowing another resident to keep his shed in its current location through a conditional use permit which would involve the use of a fire wall. Page 7 of9 "---- Mr. March indicated he did not think upgrading the shcd to provide for the one hour fire protection would work in all situations. He then indicated that thc way his house is built there is a nook behind the garage and the main part of the house where thc shed is located. He further indicated that, ifhc is required to move the shed, it would bc moved to the farthcst back corner of his lot and his neighbors would have to look at it. Council Liaison Broussard Vickers indicated that the City has allowed zcro clearance in the past as long as the structurc complied with the fire code. Ms. Moore-Sykes indicated that using a conditional use permit rather than changing the Ordinance would allow the City to retain control over the other sheds in town. Commissioner Wilharber questioned whether, after receiving his letter of noncompliance, Mr. March had taken a look to see if there are other noncomplying sheds in town. Mr. March indicated he had not driven through the south portion of the community but stated there are other noncompliant sheds in his area. Commissioner McLean questioned whether the shed was nonconforn1ing all along. Mr. March indicated his shed has been nonconforming since the home was built. Council Liaison Broussard Vickers indicated that the resident is not required to bring the shed into compliance unless it burns down or falls down. Mr. March asked thc City to look into the matter and notify him by letter as to whether the shed needs to be moved. Council Member Broussard Vickers indicated she did not understand where the address list containing propcrtics with nonconforming structures originated and who issued the letters. She then indicated that thc structure is nonconforming and, since nothing has changed, it is grand fathered in. Ms. Moorc-Sykes indicated she would look into the matter. VI. DISCUSSION ITEMS Ms. Moore-Sykes indicated that the first Tuesday in January was January 1,2002. She then asked when the Commission wished to hold its January meeting. Discussion ensued and the Commission asked Ms. Moore-Sykes to find out ifMr. Palzcr is available on January 8, 2002 or if the meeting needs to be held on January 3, 2002 and report back to the Commission. Page 8 of9 . VII. CONSIDERATION OF MINUTES I. November 6,2001 Meeting Minutes Chairperson Hanson requested the following change: On Page 6, delete the words "if any." Motion by Commissioner DeVine, seconded by Commissioner Wilharber to approve the November 6, 2001 Meetinl! Minutes as amended. All in favor. Motion carried unanimouslv. VIII. ADJOURNMENT Motion by Commissioner Wilharber, seconded bv Commissioner DeVine to adiourn the December 4, 2001 Planninl! Commission Meeting at 9:15 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver OflSite Secretarial, inc. Page 9 of9