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HomeMy WebLinkAbout1994-03-01 Minutes PLANNING AND ZONING COMMISSION MEETING MINUTES TUESDAY, MARCH 1, 1994 - 7:00 P.M. PUBLIC HEARING - REQUEST FOR VARIANCE /LOT SPLIT - LLOYD AND DIANE HANSEN. Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held a public hearing on Tuesday, March 1, 1994 at the City Hall. The purpose of the public hearing was to hear all persons present regarding a request for variance from the following sections of the City Ordinances: Ordinance #4 - Section 34.09 Structures to Have Access; Section 42.02 Lots in Same Ownership; Table B Schedule of District Regulations - Lot and Yard Requirements; Ordinance #8 - Section 25.03 Access; Section 26 Streets; Section 26.10 Street Design Standards, to allow for a lot split to create two lots with 80 foot frontage (variance of 20 feet). 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 ordinances 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 No fa line drawn from the SE corner of said Lot 4 to the SW corner of Lot 9 said Block 12; ex the westerly 20 st. of said lots 4 & 6; subject to easement of REC. Chairperson Tourville called the public hearing to order at 7:07 p.m. Present: LaMotte, Welk. Absent: Drilling, Vermeulen. Lloyd Hansen, 5428 Eagle Street, White Bear Lake, was present. Mr. Hansen explained the proposed lot split is as previously presented, except for changes due to Sorel Street not being vacated. A copy of the proposed split is attached to and made a part of these minutes. Mr. Hansen explained in his mind he is only asking for two variances versus six variances. Mr. Hansen expressed, in his opinion, all other variances deal with access which he feels are the same issue. Mr. Hansen stated the variances he feels are necessary are for the lot width and creating a lot without access. Mr. Hansen noted he is not asking for any variance related to building P &Z MEETING MINTUES MARCH 1, 1994 PAGE TWO setback requirements. Eric Marshall, 5428 Eagle Street, White Bear Lake, was present. Mr. Marshall would like to build on the southern most lot. Mr. Marshall noted the property is zoned R -2 Single Family Residential and that a twin home could be built on the parcel, but the driveway would be the same distance. Mr. Marshall expressed this lot is buildable without a variance, but would prefer to split the lot. The Planning and Zoning Commission reivewed comments from Milo Bennet, Centennial District Fire Chief and Circle Pines /Lexington Chief of Police David VanBurkleo. A copy of those comments are attached to and made a part a of these minutes. Mayor Buckbee was present. Mayor Buckbee noted there are other situations regarding privately maintained streets within the City. Mayor Buckbee expressed this property is unique, even before a lot split. Mayor Buckbee expressed the reasons for granting a variance could be due the uniqueness of being an odd size and shaped lot. Mayor Buckbee noted the requirements of the ordinance could be satisfied without the need for variance by building a twin home. Mayor Buckbee noted the problem with the granting of the variance would be that of setting a precedent. Mayor Buckbee expressed the sections of the ordinances addressing access for which the variance is requested may be redundant. Commission member LaMotte noted there are other issues of the ordinances that need to be considered. Commission member LaMotte noted Ordinance #8, Section 26.08 states dead end streets shall be prohibited unless provided with a turn - around or cul -de -sac arrangement. Commission member LaMotte expressed that perhaps the street could be deemed a private street and a half width street could be applied. Commission member LaMotte expressed concern regarding the setting of a precedent, there are still larger parcels on Centerville Lake. Commission member Welk recalled that Sorel Street was extended in the first place because the City would not allow a driveway. Commission member Welk explained it would be difficult to allow this type of driveway when the Mullins were not allowed the same. Commission member Welk expressed concern regarding the setting of a precedent. Commission member Welk noted it is one big lot now, P &Z MEETING MINTUES MARCH 1, 1994 PAGE THREE and if split it could create a lot of problems in the future. Commission member Welk noted it would be hard to turn some one else down if this variance is granted. Chairperson Tourville noted a variance was granted to split three lots to create two lots. The reason for granting the variance was that there was two sanitary sewer stubs servicing the three lots. Chairperson Tourville noted he has questions regarding the reasoning for the decision that the access is a City street versus a private driveway. Sanna Buckbee, Assistant City Clerk, noted Ordinance #4, Section 34.09 STRUCTURES TO HAVE ACCESS states that every building hereafter erected or moved shall be a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and required off - street parking. It was also noted that Ordinance #8, Section 25.03 ACCESS states that every lot shall be provided with access adequate for the use of public safety vehicles and other public and private purposed and shall be served by a public or private street system, improved in accordance with this ordinance and connected to the general street system. It was noted that there was no other audience members present to offer comment. Motion by Welk, second by LaMotte to adjourn the public hearing, motion carried unanimously. Public hearing adjourned 7:45 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 on Tuesday, March 1, 1994 at the City Hall. Chairperson Tourville called the meeting to order at 7:46 p.m. Present: LaMotte, Welk. Absent: Drilling Vermeulen. MINUTES: February 1, 1994 meeting minutes. Motion by Welk, second by Tourville to approve the February 1, 1994 meeting minutes, motion carried unanimously. OLD BUSINESS: Lot Split /Variance Request - Lloyd and Diane Hansen. Sanna Buckbee, Assistant City Clerk, noted the City Attorney's P &Z MEETING MINTUES MARCH 1, 1994 PAGE FOUR opinion is that the Planning and Zoning Commission should not allow the Hansen's request for a lot split. The City Attorney appeared to feel it would not be illegal to grant the lot split, but it could set a precedent to allow 80 frontage on all remaining lake lots which are zoned R -2 Single Family Residential. By setting a precedent, if pushed the City would have to allow 80 foot frontage on all remaining lake lots. Lloyd Hansen expressed that when he first came in he was told this was the last available lot on Centerville Lake and there would be no problem with the vacation of Sorel Street. Chairperson Tourville asked if the Planning and Zoning Commission was familiar with the property. Chairperson Tourville noted the property is unique primarily due to the irregular shape. Chairperson Tourville expressed, in his opinion, it does not look possible to place two homes on the parcel due to the topography. Chairperson Tourville noted the Planning and Zoning Commission was surprised that the City Council voted not to approve the vacation Sorel Street. Mr. Hansen noted his parcel is unique compared to the other lake lots, the other lake lots appear to be larger. Commission member Welk noted the Planning and Zoning Commission need substantial justification for granting a variance. Chairperson Tourville made some of the following comments: - the parcel has unique topography and elevation, - the parcel is lakeshore, - the existing structures adjacent do not justify the building of a $300,000.00 home, - it behooves the City to assist someone to improve the tax base, - it may be hard to justify to others, he would like very much to meet the needs of the Hansens without compromising others, - he disagrees with the access being a street versus a driveway. If the property owners are in complete agreement, and the easement is of permanent record, the City should be removed from any liability. - he is at a loss to come up with absolute justification, - a twin home is a possibility. Eric Marshall expressed the following concerns regarding a twin home: 1. Fire safety. If a fire occurs it is more likely to damage both units, whereas two single family homes may be safer. P &Z MEETING MINTUES MARCH 1, 1994 PAGE FIVE 2. He has heard that twin homes have water leakage problems. 3. It is more desirable to have two separate parcels. Chairperson Tourville noted it is his understanding that twin homes are required to have a common fire wall. The water leakage problems could possibly be a design problem. Sanna Buckbee, Assistant City Clerk, noted the drain tile may prohibit the use of the land as proposed. Mr. Hansen noted that it was his understanding the Mullins blocked off the drain tile and it did back up on someone else's property. Chairperson Tourville reviewed the four standards for recommending a variance and made the following comments: 65.03 -1 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; Comment: The actions of the petitioner will take a conforming lot and make two non - conforming lots. 65.03 -2 Literal interpretation of the provisions of this ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; Comment: The variance previously granted had two sewer stubs, it appears there are two sewer stubs, to this lot however both apear to be servicing the northern lot. 65.03 -3 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; Comment: It appears granting the variance may create problems with the fair application of zoning standards. 65.03 -4 The proposed variance will not impair an adequate supply of light and air to adjacent property, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, P &Z MEETING MINTUES MARCH 1, 1994 PAGE SIX safety, or welfare of the residents of the city. Comment: It appears there is no particular problem with this section, except for the drain tile located on the parcel. Mayor Buckbee expressed there appears to be difficulty in meeting the standards required for the issuance of a variance. Chairperson Tourville noted the City Council did not approve the vacation of Sorel Street and in his opinion there are far more desirable places for a park bench. Mayor Buckbee noted the City Council received pressure from the Park and Recreation Committee, Star City Committee and the Park and Trail Comprehensive Trail Plan Chair Carol Pelton regarding the vacation of Sorel Street. Commission member Welk noted it is good to plan ahead for open space within the City. She noted she can understand the reasoning for not vacating Sorel Street. Commission member Welk expressed the Planning and Zoning Commission wants to help everyone out but needs justification to enable fair enforcement of the ordinance. She expressed the Hansens are creating their own problems which makes it difficult. Mr. Hansen felt his situation is unique. There is nothing like it or will be like it. Mr. Hansen feels he meets the intention of a variance. Chairperson Tourville noted the desires of the property owners rank very high with him. In the past, the Planning and Zoning Commission has granted variances and gives due consideration to requests. Chairperson Tourville noted he sees the access as a driveway and not a City street. The problem appears to be with the southern most lost being odd shaped. Chairperson Tourville noted it is illegal to spot zone. The vacation of Sorel Street will not settle the need for a variance. It is definitely an asset to the community to see this lot built upon. Commission member LaMotte expressed proof is needed that this a special case. He questioned if any of the other lots can be divided into non - conforming lots. Commission member LaMotte does not want this issue coming back in the future. Mayor Buckbee noted possibly the City Council could reconsider the vacation of Sorel Street at the Wednesday, March 2, 1994 joint meeting of the Park and Recreation Committee and City Council. Mayor Buckbee noted the Planning and Zoning Commission, P &Z MEETING MINTUES MARCH 1, 1994 PAGE SEVEN in the past has been very aggressive in trying to help someone with the issuance of a variance. Mayor Buckbee noted in some cases an ordinance has been amended due to a variance request. Chairperson Tourville suggested tabling for further consideration as to not close the door. Perhaps something new will arise before the next meeting. Commission member Welk noted the Planning and Zoning Commission has a legal opinion and should put some emphasize on the opinion. Motion by Welk, second by LaMotte to table the lot split /variance request of Lloyd and Diane Hansen for further discussion at the April 5, 1994 Planning and Zoning Commission meeting, motion carried unanimously. Ordinance #4. Article 7 - DEFINITIONS. Motion by Welk, second by LaMotte to table discussion of Ordinance #4, Article 7 - DEFINITIONS, motion carried unanimously. NEW BUSINESS: Star City Committee Member. Sanna Buckbee, Assistant City Clerk, noted the Planning and Zoning Commission is the only City advisory board which does not have a member on the Star City Committee. Chairperson Tourville requested City staff to solicit a member of the Planning and Zoning Commission in the next packet as a volunteer for the Star City Committee. ADJOURN: Motion by Tourville, second by Welk to adjourn the meeting, motion carried unanimously. Meeting adjourned 9:45 p.m. Respectfully submitted, '(tititt ERsu,Gi - Sanna E. Buckbee Assistant City Clerk