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HomeMy WebLinkAbout1994-11-02 Minutes PLANNING AND ZONING COMMISSION MEETING MINUTES WEDNESDAY, NOVEMBER 2, 1994 - 7:00 P.M. 7:00 P.M. PUBLIC HEARING - REQUEST FOR VARIANCE - 1573 PELTIER LAKE DRIVE Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held a public hearing on Wednesday, November 2, 1994 at the City Hall. The purpose of the public hearing was to hear all persons present regarding the a request for a nine foot variance from Ordinance #4, Section 34.01 - Any principal structure situated on lands contiguous to or abutting any portion of the public lakes in Centerville shall maintain yard setbacks of seventy -five (75) feet from the lake. Where adjacent structures have yard setbacks different from these requirements, the minimum setback from the lake shall be the average setback of such adjacent structures to a minimum of fifty (50) feet. The request for variance is to construct additional living space and deck to a single family home approximately thirty -seven (37) feet from the lake. The property is legally described as follows: Lot 5, Block 2 Burque Addition #1 and commonly known as: 1573 Peltier Lake Drive Chairperson Tourville called the public hearing to order at 7:08 p.m. Present: Drilling, LaMotte, Vermeulen, Welk, City Council Liaison Wilharber. Chairperson Tourville summarized the variance request for members of the Planning and Zoning Commission and persons present in the audience. Tom Dario, 1573 Peliter Lake Drive, was present. Mr. Dario explained his request for variance to members of the Planning and Zoning Commission. Mr. Dario noted he would like to construction additional living space and a deck on the back of his garage. Commission member LaMotte asked Mr. Dario if he has a permit from the Rice Creek Watershed District. Mr. Dario noted he appears to meet all the criteria for a Rice Creek Watershed District permit. The Rice Creek Watershed District has requested that Mr. Dario obtain letters from the neighboring properties and submit a site drawing. The Rice Creek Watershed District will consider his permit application at their November 9, 1994 meeting. John Watson, 1585 Peltier Lake Drive, was present. Mr. Watson expressed he did not see a problem with Mr. Dario's variance request. He expressed that this is a good example of what a variance is for. Mr. Watson noted with the current setback requirements, only 6% of Mr. Dario's lot is usable for new P &Z MEETING MINUTES NOVEMBER 2, 1994 PAGE TWO construction. Motion by Vermeulen, second by Welk to adjourn the public hearing, motion carried unanimously. Public Hearing adjourned 7:12 p.m. 7:05 P.M. PUBLIC HEARING - PETITION FOR VACATION OF ROAD EASEMENT - 7008 CENTERVILLE ROAD Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held a public hearing on Wednesday, November 2, 1994 at the City Hall. The purpose of the public hearing was to hear all persons present regarding the possibility of vacating the south 10 feet of Auditors Subdivision Number 48 revised south 100 feet of Lot 13 Auditors Subdivision 48, and commonly known as 7008 Centerville Road. Chairperson Tourville called the hearing to order at 7:13 p.m. Present: Present: Drilling, LaMotte, Vermeulen, Welk, City Council Liaison Wilharber. Chairperson Tourville summarized the petition for vacation of the south 10 feet of Auditors Subdivision Number 48 revised south 100 feet of Lot 13 Auditors Subdivision 48 to the members of the Planning and Zoning Commission and persons present in the audience. Richard Thompson, 7008 Centerville Road, was present. Mr. Thompson explained that the purpose of his request is to gain access to the back strip of his property. Mr. Thompson noted he has examined his abstract regarding the easement. The abstract does not state a purpose for the easement. The first reference to the easement is on August 30, 1875. The original date of the abstract is 1854. Russell Almendinger, 1305 Mound Trail, was present. Mr. Almendinger is president of PQT which owns the land abutting Mr. Thompson's to the east. Mr. Almendinger asked who holds the easement. If the easement is for the County, the City does not have jurisdiction and the easement can not be vacated without the County's permission. Mr. Almendinger noted he does not have any objections, the vacation does not appear to effect his property. Chairperson Tourville noted the 10 foot easement only involves one piece of property. Motion by Vermeulen, second by Welk to adjourn the public hearing, motion carried unanimously. Public hearing adjourned 7:23 p.m. P &Z MEETING MINUTES NOVEMBER 2, 1994 PAGE THREE CALL TO ORDER REGULAR MEETING. Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held their regular meeting on Wednesday, November 2, 1994 at the City Hall. Chairperson Tourville called the meeting to order at 7:24 p.m. Present: Drilling, LaMotte, Vermeulen, Welk, City Council Liaison Wilharber. APPROVAL OF MINUTES: June 7, 1994 meeting minutes. Motion by Welk, second by Drilling to approve the June 7, 1994 meeting minutes, AYE - Drilling; AYE - LaMotte; AYE - Tourville; AYE - Welk; ABSTAIN - Vermeulen, motion carried. July 5, 1994 meeting minutes. Motion by Vermeulen, second by LaMotte to approve the July 5, 1994 meeting minutes, AYE - LaMotte; AYE - Tourville; AYE - Vermeulen; ABSTAIN - Drilling; ABSTAIN - Welk, motion carried. September 6, 1994 meeting minutes. Motion by Welk, second by Vermeulen to approve the September 6, 1994 meeting minutes, AYE - Drilling; AYE - Vermeulen; AYE - Welk; ABSTAIN - Tourville; ABSTAIN - LaMotte, motion carried. NEW BUSINESS: Request for Variance - 1573 Peltier Lake Drive. Motion by Drilling, second by Vermeulen to recommend to the City Council approval of the request for a nine foot variance from Ordinance #4, Section 34.01 -3 at 1573 Peltier Lake Drive to construct additional living space and deck to a single family home approximately thirty -seven feet from the lake based upon the following justifications: special conditions and circumstances exist which are peculiar to the land involved and do not result from actions of the petitioner. The lot is lakeshore; literal interpretation of the provisions of this ordinance would deprive the petitioner of rights commonly known enjoyed by other properties in the same district under the terms of this ordinance. The neighboring properties enjoy similar setbacks; granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures or building in the same district; - the proposed variance will not impair an adequate supply of light and air to adjacent property or unreasonably diminish or impair established property P &Z MEETING MINUTES NOVEMBER 2, 1994 PAGE FOUR values within the surrounding area, or in any other respect impair the public health, safety or welfare of the residents of the city, motion carried unanimously. Request for Vacation of Road Easement - 7008 Centerville Road. Chairperson Tourville noted the easement recorded on the abstract goes way back. He suggested the property owner check with the county to see if there is any further reason for the easement. The adjacent property owners do not appear to have any objection to the possible vacation of the easement. Commission member Drilling questioned whose responsibility it is to research the ownership of easement. Sauna Buckbee, Assistant City Clerk, noted that she believes it would be the responsibility of the property owner to research the easement ownership. Motion by Vermeulen, second by Welk to recommend to the City Council approval of the request of Richard and Barbara Thompson, 7008 Centerville Road, to vacate the south 10 feet of Auditors Subdivision Number 48 revised south 100 feet of Lot 13 Auditors Subdivision 48; contingent upon the property owner verifying the ownership of the road easement, motion carried unanimously. Anoka County Highway Department Right -of -Way Needs Based on Functional Classification. The Planning and Zoning Commission reviewed a letter dated August 17, 1994 from Jon Olson, County Engineer, regarding Anoka County Highway Department right -of -way needs based upon functional clarification. It was noted the goal of the county is to prepare for the future by limiting the right -of -way costs necessary for roadway expansions due to development which occurs too close to the highway system. A copy of this letter is attached to and made a part of these minutes. Motion by Tourville, second by Vermeulen to study Ordinance #4 to see how present properties abutting County Roads within the City of Centerville conform with Anoka County's request for a 60' right -of -way from the center line for Minor Arterial B county roads, motion carried unanimously. Casanova Inc. - Request for Special Use Permit. Council member Brenner introduced Dale and Dawn Casanova, Casanova Inc., to the Planning and Zoning Commission. Ms. Brenner noted Casanova Inc., would like to lease property which is located in the commercially zoned district. They are P &Z MEETING MINUTES NOVEMBER 2, 1994 PAGE FIVE currently operating their tool and die shop in the City of Lino Lakes. She apologized to the Planning and Zoning Commission for not getting the information sooner, however there appears to be an urgency, the Casanova's need to find a place by the first of the year. Dale Casanova, Casanova Inc., was present. Mr. Casanova noted he operates a small machine shop. He needs to find adequate space to satisfy his needs for the next three years. He would like to stay in the area. He likes Centerville due to the City's proximity to 35E. Mr. Casanova noted his business is cleaner than an auto repair shop. He expressed that he feels that he is basically a wholesale business. He has a manually operated machines (i.e. milling, loath, grinders). The waste generated consists of aluminum, which is recycled, and some steel chips, which are thrown away. The harshest waste is mineral spirits. His business does not require any special ventilation. The building that he is looking at leasing space in has three phase power and room for expansion. Sanna Buckbee, Assistant City Clerk, noted that light manufacturing is not a permitted uses or permitted use on a special use permit in the Commercial zoning district. Motion by Tourville, second by Vermeulen to recommend to the City Council that Ordinance #4 - Schedule of District Regulations - Permitted and Special Uses - B -1 Commercial District be amended to included light manufacturing, not to exceed 4,000 square feet as a uses permitted on a special use permit; due to the time constraints, the public hearing regarding the proposed amendment should be conducted at the City Council level; if the proposed amendment is approved, it is recommended that the City Council consider the Special Use Permit request of Casanova Inc., motion carried unanimously. OLD BUSINESS: City Survey Results. The Planning and Zoning Commission discussed the results from the City Survey. It appeared to be the consensus of the Planning and Zoning that too+ many questions were asked. This could have resulted in the small number of responses. Updating Ordinance #4. It appeared to be the consensus of the Planning and Zoning Commission to pursue and continue with the updating of Ordinance #4. P &Z MEETING MINUTES NOVEMBER 2, 1994 PAGE SIX It was noted that there may be a new secretary in 1995, and if this is the case, the proposed changes should be reviewed at the January meeting with the new secretary. DECEMBER MEETING AGENDA ITEMS: Chairperson Tourville noted the Economic Development Committee has suggested that the Planning and Zoning Commission investigate zoning of undesirable business, such as adult books stores, and request City staff to ask the City Attorney how to go about limiting these types of businesses. Chairperson Tourville also expressed the placement of obstructions in drainage easements needs to be addressed. City Council Liaison Wilharber updated the Planning and Zoning Commission regarding the Clerk /Administrator position. It was noted 140 applications were received. Of the 140 applications four were lawyers, and there were also executives from large corporations. The Employee Review Board has narrowed the applicants to nine. The final five will be going before the City Council and the newly elected officials. ADJOURN: Motion by Drilling, second by Vermeulen to adjourn the meeting, motion carried unanimously. Meeting adjourned 9:05 p.m. Respectfully submitted, Y �6tiU 6. 6-Ga. Sanna E. Buckbee Assistant City Clerk