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HomeMy WebLinkAbout1994-05-003 Minutes PLANNING AND ZONING COMMISSION MEETING MINUTES TUESDAY, MAY 3, 1994 - 7:00 P.M. PUBLIC HEARING - Lot Split /Variance - Lloyd and Diane Hanson. Pursuant to due call and notice thereof, the Planning and Zoning Commission held a public hearing on Tuesday, May 3, 1994 at the City Hall. The purpose of the hearing was to hear all persons present regarding a request for variances from the following sections of the City Ordinances: Ordinance #4 - Section 34.09 Structures to Have access; Ordinance #8 - Section 25.03 Access; - Section 26 Streets; - Section 26.10 Street Design Standards; - Section 25.02 Shape of Lots. to allow for a lot split to create two lots. The property owner of the northern most proposed lot is requesting a 25 foot front yard variance. The proposed split would have a permanent easement for access to the southern most parcel which would not abut a designated City street. The purpose is to build two single family dwellings. A complete copy of the City Ordinance are on file at the City Hall and are available for public viewing. The property is legally described as follows: Lots 7 and 8, Block 12 Centerville, Lots 4 - 6 Block 13 sd add and that part of vac 2nd street lying N of a line drawn from the SE corner of said Lot 4 to the SW corner of Lot 9 said Block 12; ex the westerly 20 ft. of said Lots 4 & 6 subject to easement of REC. Chairperson Tourville called the hearing to order at 7:10 p.m. Present: Drilling, Vermeulen, Welk and City Council Liaison Helmbrecht. Absent: LaMotte. Lloyd Hanson, property owner, was present. Mr. Hanson noted the City Council denied their previous lot split /variance request. The City Council did give the Hanson's a chance at the meeting to explain the alternative split. A copy of Mr. Hanson's alternate split is attached to and made a part of these minutes. Chairperson Tourville discussed a letter dated April 21, 1994 from Greg Hellings, City Attorney, regarding the proposed lot split. A copy of this letter is attached to and made a part of these minutes. Sanna Buckbee, Assistant City Clerk, noted Mr. Hanson is also requesting a twenty five foot front yard setback variance. Mr. Hanson is proposing placing the structure on the northern most lot ten feet from the street right -of -way. P &Z MEETING MINUTES MAY 3, 1994 PAGE TWO Commission member Drilling noted the southern most lot does not require any setback variances for the structure. Ethel Woestehoff, 7067 Goiffon Road, was present. Ms. Woestehoff expressed concern regarding the drain tile located on the parcel. Ms. Woestehoff noted when the previous property owner plugged the drain tile, water backed up into her yard and remained there for two years. Commission member Drilling asked Mr. Hanson about his request for a special use permit to build a four unit townhome development. Mr. Hanson noted he has always planned on building two single family homes on the parcel. Mr. Hanson noted the property was very expensive, and to recoup some of the money (if two single family homes can not be built) he would like to propose a four unit townhome development. Mr. Hanson noted his daughter and son -in -law may live there, however, they may not. LyNae Marshall, Mr. Hanson's daughter, was present. Ms. Marshall noted her husband and herself have invested their entire life savings into this lot. Their intentions were to build two single family homes. Ms. Marshall noted she wanted to raise family here. If they are not allowed to build two single family homes they need to recoup their costs. Commission member Drilling questioned if variance was necessary for the proposed townhome development. Mr. Hanson noted the proposed townhome development meets all the requirements of the ordinance and would require no variances. Chairperson Tourville noted the Hanson's first preference is to obtain variances and split the lot. Their second choice appears to be to build a four unit townhome development. Commission member Drilling questioned the easement of the REC, would it be necessary to be setback a certain distance from this easement, and where on the property is the easement located. The Planning and Zoning Commission noted receipt of a letter dated April 21, 1994 from Kenneth Klingelhoets, 1405 Mound Trail, regarding the proposed split. A copy of this letter is attached to and made a part of these minutes. City Council liaison Helmbrecht expressed concern regarding the setting of a precedent. Ms. Helmbrecht also noted a setback variance may present a problem. P &Z MEETING MINUTES MAY 3, 1994 PAGE THREE Motion by Drilling, second by Vermeulen to adjourn the public hearing, motion carried unanimously. Public Hearing adjourned 7:35 p.m. Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regular meeting on Tuesday, May 3, 1994 at the City Hall. Chairperson Tourville called the meeting to order at 7:35 p.m. Present: Drilling, Vermeulen, Welk. Absent: LaMotte. MINUTES: April 5, 1994 meeting minutes. Motion by Vermeulen, second by Welk to approve the April 5, 1994 meeting minutes, motion carried unanimously. OLD BUSINESS: Lot Split /Variance Request - Lloyd and Diane Hanson. Chairperson Tourville noted the easement of REC should be investigated. Sanna Buckbee, Assistant City Clerk, noted Northern States Power could be contacted regarding this easement. Committee member Drilling expressed he has difficulty justifying the granting of the front yard setback variance. Committee member Vermeulen noted she does not have a problem, it could be justified with the way the lot is laid out. Chairperson Tourville noted that if the lot split /variance was granted ether issues would need to be addressed (i.e. drain tile). Committee member Drilling expressed concern about creating something that requires a variance. Commission member Welk noted, in her opinion, it does not make sense that a four unit townhome development can built without any variances, yet the property owner can not build two single family homes. Mr. Hanson noted he feels his situation is unique due to the shape of the lot. LyNae Marshall noted the City Council stated if they could split the lots into two conforming lots that they would have no problem granting a variance for a structure. P &Z MEETING MINUTES MAY 3, 1994 PAGE FOUR Eric Marshall noted they have split the lot into two conforming lots and they are looking for variances enjoyed by other people. Commission member Welk noted she would rather see two single family homes than a four unit townhome development. Motion by Tourville, second by Welk to recommend to the City Council that the lot split request of Lloyd and Diane Hanson, owners of the property legally described as follows: Lots 7 and 8, Block 12 Centerville, Lots 4 - 6 Block 13 sd add and that part of vac 2nd street lying N of a line drawn from the SE corner of said Lot 4 to the SW corner of Lot 9 said Block 12; ex the westerly 20 ft. of said Lots 4 & 6 subject to easement of REC. be granted and the lot be split into two parcels as presented in their alternative plan; - the twenty five front yard setback variance be approved due to the following justifications: 1. Sorel Street ends and is an unimproved street dedication and the Planning and Zoning Commission envision the street right -of -way to remain unimproved. 2. This is a unique situation as it applies to this property. 3. Due to the size of the lot is more appropriate to build two single family homes. 4. Each lot (after split) would be in excessive of 16,000 square feet. 5. There is not a minimum depth requirement in the ordinance. and the following City Attorney's opinions: that the front yards could be either the side abutting the street or the side abutting the lake; the front yard of the northern most lot will abut Sorel Street and the front yard of the southern most lot will abut Centerville Lake. - that an approved private street needs to be constructed which provides access to the southern most parcel; the City Engineer should be consulted regarding what would be considered to be an appropriate private street. - the City Council and Planning and Zoning Commission have much leeway to make a determination regarding variation from Ordinance #8, Section 25.02 Shape of Lots if it improves the overall design; contingent upon the following: - the easement of the Rural Electric Coop be investigated for location and possible setback requirements; - as per the recommendation of Chief VanBurkleo, Circle pines /Lexington Police Department and Chief Milo Bennett, Centennial Fire District that the properties P &Z MEETING MINUTES MAY 3, 1994 PAGE FIVE be appropriately numbered both on Sorel Street and at the junction where the driveway splits to individual residences; and that the property owner deed an easement for street purposes over the northern most parcel to allow access to the southern most parcel. AYE - Tourville; AYE - Vermeulen; AYE - Welk; NAY - Drilling, motion carried. NEW BUSINESS: Special Use Permit - Lloyd and Diane Hanson - to build a four unit townhome of the property legally described as follows: Lots 7 and 8, Block 12 Centerville, Lots 4 - 6 Block 13 sd add and that part of vac 2nd street lying N of a line drawn from the SE corner of said Lot 4 to the SW corner of Lot 9 said Block 12; ex the westerly 20 ft. of said Lots 4 & 6 subject to easement of REC. Chairperson Tourville noted the proposed plan does not require a public hearing for a special use permit. The zoning is appropriate, the size of the lot meets the requirements and the access issue is not relevant. A copy of the proposed four unit townhome proposal is attached to and made a part of these minutes. Motion by Drilling, second by Vermeulen to recommend to the City Council approval of the Special Use Permit for the concept to build a four unit townhome on the following legally described property: Lots 7 and 8, Block 12 Centerville, Lots 4 - 6 Block 13 sd add and that part of vac 2nd street lying N of a line drawn from the SE corner of said Lot 4 to the SW corner of Lot 9 said Block 12; ex the westerly 20 ft. of said Lots 4 & 6 subject to easement of REC. contingent upon the investigation of the easement of the Rural Electric Coop, motion carried unanimously. OLD BUSINESS: Star City Representative. It appeared that members of the Planning and Zoning Commission present were not able to volunteer to serve as a representative to the Star City Committee. City staff is requested to ask Commission member LaMotte if he would interested in serving. Ordinance #4, Article 7 - Definitions. Motion by Tourville, second by Vermeulen to table discussion of Ordinance #4, Article 7 - Definitions, motion carried P &Z MEETING MINUTES MAY 3, 1994 PAGE SIX unanimously. Possibility of Amending Ordinance #8, Article 3, Section 38.12 SODDING. Motion by Drilling, second by Vermeulen to recommend to the City Council approval of an amendment to Ordinance #8, Article 3, Section 38.12 as follows: Now Reads: SODDING. The developer must sod the front yard, boulevard and side yards to the rear of the structure on every lot.* * Added 2/10/88 Amend to Read: SODDING. The developer must sod the front yard, boulevard and side yards to the rear of the structure on every lot.* The required sodding shall be placed prior to occupancy or an escrow deposit shall be submitted to the City in a dollar amount sufficient to guarantee the required sodding. motion carried unanimously. NEW BUSINESS: Park and Pedestrian System Comprehensive Plan - Public Hearing Date. It was noted that the Planning and Zoning Commission received a copy of the Park and Pedestrian System Comprehensive Plan and that a public hearing is scheduled for Wednesday, May 18, 1994 at 7 :00 p.m. at the City Hall. All members were encouraged to attend. City Council /Planning & Zoning /Park & Recreation /Economic Development Joint Meeting Date - May 17, 1994 - 7:00 p.m.- Comprehensive Plan Update and MUSA Extension. It was noted that a joint meeting has been scheduled for a City committee and commission regarding the possibility of updating the Comprehensive Plan and possible extension of MUSA. All member of the Planning and Zoning Committee were encouraged to attend. Annexation. Sanna Buckbee, Assistant City Clerk, noted the Minnesota Municipal Board has denied the detachment /annexation petition. The Planning and Zoning Commission was asked what, in their opinion, is the avenue the would like to see the City pursue. 1. Do nothing. 2. Encourage the property owners to re- petition. 3. Appeal the decision of the Minnesota Municipal Board. P &Z MEETING MINUTES MAY 3, 1994 PAGE SEVEN The Planning and Zoning Commission ask what was the length time the decision can be appealed. Council liaison Helmbrecht noted she recalled that the time frame for re- petitioning is two years. It appeared to be the consensus of the Planning and Zoning Commission to poll the property owners as to what their desires are. Paul Palzer, Building Inspector /Public Works Director. It was noted that Paul Palzer has accepted the Building Inspector /Public Works Director position. Mr. Palzer will begin full time on Monday, May 9, 1994. ADJOURN: Motion by Vermeulen, second by Drilling to adjourn the meeting, motion carried unanimously. Meeting adjourned 9:25 p.m. Resppe��cttpfully submitted, 9` Sanna E. Buckbee Assistant City Clerk