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HomeMy WebLinkAbout1994-07-05 Minutes M PLANNING AND ZONING COMMISSION MEETING MINUTES TUESDAY, JULY 5, 1994 - 7:00 P.M. PUBLIC HEARING - Request for Variance - 7236 Clear Ridge. Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held a public hearing on Tuesday, July 5, 1994 at the City Hall. The purpose of the hearing was to hear all persons present regarding a request for variance from Ordinance #4, TABLE B - SCHEDULE OF DISTRICT REGULATIONS - LOT AND YARD REQUIREMENTS - Side yard setback. The variance requested is to construct a deck into the side yard setback as follows: 4.5 feet on the northwest corner and 3 feet on the northeast corner. The property is legally described as Lot 25, Block 1, L'Allier Estates II and commonly known as 7236 Clear Ridge. Chairperson Tourville called the hearing to order at 7:12 p.m. Present: LaMotte, Vermeulen. Absent: Drilling, Welk. Chairperson Tourville described the nature of the application and explained the action to be taken by the Planning and Zoning Commission. Steve Leslie, 7236 Clear Ridge, applicant for the variance was present to address questions and concerns of the Planning and Zoning Commission. The Planning and Zoning Commission reviewed a letter dated June 15, 1994 from Steve and Theresa Leslie regarding their request for variance. A copy of this letter is attached to and made a part of these minutes. Mr. Leslie expressed that without a variance the deck would be odd in size. Mr. Leslie noted without a variance the largest the deck could be is 7 1/2 feet at the northwest corner and 7 feet at the northeast corner. Theresa Brenner, 7206 Clear Ridge, was present. Ms. Brenner noted she does not oppose the variance. Motion by Vermeulen, second by LaMotte to adjourn the public hearing, motion carried unanimously. Hearing adjourned 7:20 p.m. PUBLIC HEARING - Request for Variance - 1594 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 Tuesday, July 5, 1994 at the City Hall. The purpose of the hearing was to hear all persons present regarding a request for variance from Ordinance #4, TABLE 13 - SCHEDULE OF DISTRICT r ________ PSI MEETING MINUTES JULY 5, 1994 PAGE TWO REGULATIONS - LOT AND YARD REQUIREMENTS - Rear and /or side yard setback. The variance requested is to construct a deck into the a rear and /or side yard setback of an odd or irregular shaped lot as follows: 7.5 feet from the west property line (a side yard variance of 2.5 feet) and a 20 foot variance from the rear property line at the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. The property is legally described as follows: Lot 1, i Block 1 Burque Addition #1 and commonly known as 1594 Peltier Lake Drive. Chairperson Tourville called the hearing to order at 7:21 p.m. Present: LaMotte, Vermeulen. Absent: Drilling, Welk. Chairperson Tourville described the nature of the application and explained the action to be taken by the Planning and Zoning Commission. Amy Ebsen, 1594 Peltier Lake Drive, applicant for the variance was present to answer questions and concerns of the Planning and Zoning Commission. Mark Glocke, 7246 Main Street, was present. Mr. Glocke noted he does not object to variance request. John Watson, 1585 Peltier Lake Drive, was present and offered comment. Ms. Ebsen noted they are proposing a 12 x 16 foot deck. Ms. Ebsen noted the door to the deck swings out, there is not a sliding door, and intrudes on the usable space of the deck. Motion by Vermeulen, second by LaMotte to adjourn the public hearing, motion carried unanimously. Hearing adjourned 7:30 p.m. PUBLIC HEARING - Request for Variance - Lot 1, Block 6, Village of Centerville. Pursuant to due call and notice thereof, the Planning and Zoning 'l Commission of the City of Centerville held a public hearing on Tuesday, July 5, 1994 at the City Hall. The purpose of the hearing was to hear all persons present regarding a request for variance from Ordinance #4, TABLE B - SCHEDULE OF DISTRICT REGULATIONS - LOT AND YARD REQUIREMENTS - Front yard setback. A twenty -five (25) foot variance is requested from the front yard setbacks. This would result in a ten (10) foot front yard setback abutting Progress Road and Heritage Street. The purpose of the request for variance is to construct a single family home on a 50 x 150 corner parcel. The property is legally described as Lot 1, Block 6 Village of Centerville. Chairperson Tourville called the hearing to order at 7:35 p.m. Present: LaMotte, PAZ MEETING MINUTES JULY 5, 1994 PAGE THREE Vermeulen. Absent: Drilling, Welk. It was noted that neither the property owner Edward Kuntz or the applicant Dennis Erickson were present at the public hearing. Chairperson Tourville noted the public hearing was scheduled for 7:00 p.m., however was delayed to accommodate the possible late arrival of the applicant or property owner. Chairperson Tourville described the nature of the application and explained the action to be taken by the Planning and Zoning Commission. Richard Kinning, 7059 Progress Road, was present. Mr. Kinning expressed objection to the request for variance. Mr. Kinning explained he would not like to see a home placed ten feet from the street right -of -way. Mr. Kinning expressed concern regarding the number of children in the neighborhood and the possible obstruction of visibility at the intersection. Mr. Kinning thought the home should line up with the abutting properties. John Saline, 1716 Heritage Street, was present. Mr. Saline expressed objection to the request for variance. Mr. Saline noted a home being placed that close to the road could create a "blind" intersection. Mr. Saline also expressed concern regarding the effect on the value of surrounding properties with a home placed so close to the property line. John Watson, 1585 Peltier Lake Drive, was present and offered comment. Motion by Vermeulen, second by LaMotte to adjourn the public hearing, motion carried unanimously. Hearing adjourned 7:50 p.m. REGULAR MEETING Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held their regular meeting at the City Hall. Chairperson Tourville called the meeting to order at 7:51 p.m. Present: LaMotte, Vermeulen, City Council Liaison Brenner. Absent: Drilling, a.v\7aIK. { MINUTES: June 7. 1994 meeting minutes. Motion by Tourville, second by LaMotte to table consideration of the June 7, 1994 meeting minutes due to lack of quorum of members present at the meeting for approval, motion carried unanimously. NEW BUSINESS: P &Z MEETING MINUTES JULY 5, 1994 PAGE FOUR Request for Variance - 7236 Clear Ridge. It was noted that variances have been granted previously for similar situations. Chairperson Tourville noted the problem of meeting the side yard setback appears to exist due to the placement of the home on the lot. II I Motion by Vermeulen, second by LaMotte to recommend to the City Council approval of the request for variance of Steve and Theresa Leslie, 7236 Clear Ridge, to construct a deck into the side yard setback as follows: 4.5 feet on the northwest corner and 3 feet on the northeast corner based upon the following justifications: - Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and do not result from the actions of the petitioner; - the lot is irregular in shape; - the placement of the home on lot, the home is centered on the lot with a 16 foot setback from each side yard; - the placement of the patio doors; Literal interpretation of the provision of this ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; - variances to construct a deck into the side yard setback have been previously granted; - Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; - The proposed variance will not impair an adequate supply of light and air to adjacent property, or unreasonable diminish or impair established property values with the surrounding area, or in any other respect impair the public health, safety, or welfare of the residents of the city; - and that there does not appear to be any objection from neighboring properties, motion carried unanimously. Request for Variance - 1594 Peltier Lake Drive. Motion by LaMotte, second by Vermeulen to recommend approval of the request for variance of Ron Barnes and Amy Ebsen, 1594 Peltier Lake Drive, to construct a deck into the rear and /or side yard setbacks of an odd or irregular shaped lots as follows: 7.5 feet from the west property line (a side yard variance of 2.5 foot variance from the rear property feet) and a 20 foo P P Y line at the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building based upon the P &Z MEETING MINUTES JULY 5, 1994 PAGE FIVE following justification: - Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and do not result from the actions of the petitioner; the lot is irregular in shape (three sided); - the placement of the home on lot; - the distance from the corner of the lot; - Literal interpretation of the provision of this ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; - variances to construct a deck into the side yard setback have been previously granted; - Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; - The proposed variance will not impair an adequate supply of light and air to adjacent property, or unreasonable diminish or impair established property values with the surrounding area, or in any other respect impair the public health, safety, or welfare of the residents of the city; - and that there does not appear to be any objection from neighboring properties, motion carried unanimously. Request for Variance - Lot 1. Block 6 Village of Centerville. Motion by LaMotte, second by Vermeulen to recommend to the City Council to deny the request for variance of Edward Kuntz and Dennis Erickson, Lot 1, Block 6 Village of Centerville for a twenty -five (25) foot variance from the front yard setbacks which would result in a ten (10) foot front yard setback abutting Progress Road and Heritage Street to construct a single family home a 50 x 150 corner parcel based upon the following justification: - Special conditions and circumstances do not exist which { are not the result from the actions of the petitioner; - Literal interpretation of the provision of this ordinance would not deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; - a variance was granted by the City Council on June 11, 1986 to the south property line (off of Heritage Street) of Lot 1, Block 6 Centerville to allow construction of a single family home no closer than 16 feet to that property line; - Granting the variance requested will confer on the applicant special privilege that is denied by this ordinance to other lands, structures, or buildings in P &Z MEETING MINUTES JULY 5, 1994 PAGE SIX the same district; - a similar request for variance due to the fact the house is to large for the lot was previously denied; The proposed variance will impair the public health, safety, or welfare of the residents of the city; the placement of the single family home may impair the visibility at the intersection, motion carried unanimously. OLD BUSINESS: Update Comprehensive Plan /MUSA Extension. Motion by Vermeulen, second by LaMotte to recommend to the City I E Council to ask the Metropolitan Council for an extension of MUSA; - also to recommend that a Planner be consulted regarding the amount of additional acreage and to help coordinated a development pattern for the extension of MUSA; - City staff is directed to forward the information researched to the City Council, motion carried unanimously. 1995 Budget. Motion by Tourville, second by LaMotte to table discussion of the 1995 budget, motion carried unanimously. NEW BUSINESS: City Survey Results. Motion by Tourville, second by LaMotte to table discussion of the results of the City Survey, motion carried unanimously. ADJOURN: Motion by Tourville, second by LaMotte to adjourn the meeting, motion carried unanimously. Meeting adjourned 8:50 p.m. Respectfully submitted, Sanna E. Buckbee Assistant City Clerk