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HomeMy WebLinkAbout1993-10-05 Minutes PLANNING AND ZONING COMMISSION MEETING MINUTES TUESDAY, OCTOBER 5, 1993 - 7:00 P.M. PUBLIC HEARING - REQUEST FOR VARIANCE - 1721 WESTVIEW STREET Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held a public hearing on Tuesday, October 5, 1993 at the City Hall. The purpose of the public hearing was to hear all persons present regarding a request for variance from Ordinance #4, Section 33.03 EXCESS HEIGHT ON PERMIT (1) The front, rear and side yards shall be increased one foot for each one foot by which the building exceeds the height limit established for such district. The proposed structure is a 50 foot ROHN 45G Tower to be located at the Centerville Elementary School, 1721 Westview Street. The proposed 50 foot ROHN 45G Tower will be utilized for computer data transmission to link the Centennial School District computer network. Acting Chairperson Welk called the public hearing to order at 7:20 p.m. Present: LaMotte, Vermeulen, City Council Liaison Helmbrecht. Absent: Drilling, Tourville, There was no one present in the audience to offer comment. Motion by Vermeulen, second by LaMotte to adjourn the public hearing, motion carried unanimously. Public hearing adjourned 7 :21 p.m. PUBLIC HEARING - POSSIBILITY OF AMENDING ORDINANCE *4, ARTICLE 3, SECTION 39 SPORTING, ATHLETIC AND MUSIC EVENTS, SUBDIVISION 39.01 AND 39.01 -2. Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held a public hearing on Tuesday, October 5, 1993 at the City Hall. The purpose of the public hearing was to hear all persons present regarding the possibility of amending Ordinance #4, Article 3, Section 39 SPORTING, ATHLETIC AND MUSIC EVENTS, Subdivision 39.01 and 39.01 - 2. Acting Chairperson Welk called the public hearing to order at 7:22 p.m. Present: LaMotte, Vermeulen, City Council Liaison Helmbrecht. Absent: Drilling, Tourville. There was no one present in the audience to offer comment. Motion by Vermeulen, second by LaMotte to adjourn the public hearing, motion carried unanimously. Public hearing adjourned 7 :23 p.m. PUBLIC HEARING - POSSIBILITY OF AMENDING ORDINANCE *4, ARTICLE 3, SECTION 34.01 GENERAL REQUIREMENTS. Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held a public hearing on Tuesday, October 5, 1993 at the City Hall. The purpose of the P &Z MEETING MINUTES OCTOBER 5, 1993 PAGE TWO public hearing was to hear all persons present regarding the possibility of amending Ordinance #4, Article 3, Section 34.01 GENERAL REQUIREMENTS. Acting Chairperson Welk called the public hearing to order at 7:24 p.m. Present: LaMotte, Vermeulen, City Council Liaison Helmbrecht. Absent: Drilling, Tourville. There was no one present in the audience to offer comment. Motion by Vermeulen, second by LaMotte to adjourn the public hearing, motion carried unanimously. Public hearing adjourned 7:25 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, October 5, 1993 at the City Hall. Acting Chairperson Welk called the meeting to order at 7:26 p.m. Present: LaMotte, Vermeulen, City Council Liaison Helmbrecht. Absent: Drilling, Tourville. MINUTES: Approval of the August 3, 1993 meeting minutes. The August 3, 1993 meeting minutes were tabled until a majority of the Commission members in attendance at the meeting are present for approval. Approval of the September 7. 1993 meeting minutes. Motion by Vermeulen, second by LaMotte to approve the September 7, 1993 meeting minutes, motion carried unanimously. OLD BUSINESS: Proposed Amendment to Ordinance #4, Article 3. Section 34.01 GENERAL REQUIREMENTS. ih Jeff Godwin, 1581 Peltier Lake Drive, was present. Mr. Godwin expressed that he was in favor amending the ordinance to allow for averaging of the front yard setback. Motion by LaMotte, second by Vermeulen to recommend to the City Council approval the an amendment to Ordinance #4, Article 3, Section 34.01 GENERAL REQUIREMENTS as follows: NOW READS: 34.01 GENERAL REQUIREMENTS. The minimum depth of front yard, rear yard and side yard for each district shall be as defined in the Schedule of Regulations and conform to the following regulations: P &Z MEETING MINUTES OCTOBER 5, 1993 PAGE THREE AMEND TO READ: 34.01 GENERAL REQUIREMENTS. The minimum depth of front yard, rear yard and side yard for each district shall be as defined in the Schedule of Regulations except where adiacent structures have front yard setbacks different from these requirements. the minimum front vard setback shall be the average front yard setback of such adiacent structures to minimum front yard setbacks of twenty (25) feet. and conform to the following regulations: motion carried unanimously. Request for Variance - 1721 Westview Street. The Planning and Zoning Commission reviewed the following information: - A letter dated August 24, 1993 from Gregory Stonehouse, City Engineer, regarding the excess height on permit variance requirement; - A lay out of the Centerville Elementary School showing the approximate location of the proposed tower; - A diagram of the proposed tower; - A site plan of the Centerville Elementary School property. A copy of the above information is attached to and made a part of these minutes. It was noted that a representative from the Centennial School District was not present to offer comment or answer questions regarding the request for variance from Ordinance #4, Section 33.03 EXCESS HEIGHT ON PERMIT (1) The front, rear and side yards shall be increased one foot for each one foot by which the building exceeds the height limit established for such district. The proposed structure is a 50 foot ROHN 45G Tower to be located at Centerville Elementary School, 1721 Westview Street. The proposed 50 foot ROHN 45G Tower will be utilized for computer data transmission to link the Centennial School District computer network. It appeared to be the consensus of the Planning and Zoning Commission that more information is needed in order to make a recommendation to the City Council. Some of the information needed is: The current setback of the Centerville Elementary School from Westview Street; - The specific number of feet requested for the variance; - Did the City Engineer in his letter dated August 24, 1993 included the height of the building in the numbers present in the letter? ; P &Z MEETING MINUTES OCTOBER 5, 1993 PAGE FOUR If the Centennial School District would like their requet for variance expedited, they can go directly to the City Council. Proposed Amendment to Ordinance #4. Article 3. Section 39 SPORTING. ATHLETIC AND MUSIC EVENTS. Subdivision 39.01 and 39.01- 2. Motion by Vermeulen, second by LaMotte to recommend to the City Council the approval of an amendment to Ordinance #4, Article 3, Section 39 SPORTING, ATHLETIC AND MUSIC EVENTS, Subdivision 39.01 and 39.01 -2 as follows: NOW READS: 39.01 Sporting, athletic, and music concert events, as defined herein, shall be permitted by special use permit in the residence districts of the City of Centerville, subject to the following requirements: AMEND TO READ: 39.01 Sporting, athletic, and music concert events, as defined herein, shall be permitted by special use permit in the *City of Centerville, subject to the following requirements: NOW READS: 39.01 -2 Such activities shall be considered a special use within all residential districts of the City and shall require a permit therefore. The City shall have the right to make provisions in such permit for insuring public health and sanitation, traffic regulation, noise and litter control and regulation on the number of events that may be conducted on specific site. AMEND TO READ: 39.01 -2 Such activities shall be considered a special use within all *of the City and shall require a permit therefore. The City shall have the right to make provisions in such permit for insuring public health and sanitation, traffic regulation, noise and litter control and regulation on the number of events that may be conducted on specific site. *Indicates deletion. motion carried unanimously. Foundation Sizes versus Minimum Living Area and Minimum Lot Size Re.uir-ment 'n =ach of the Residenti =l Zonin• Districts. Discussion regarding the foundation sizes versus minimum living area and minimum lot size requirements in each of the residential zoning districts was tabled. P &Z MEETING MINUTES OCTOBER 5, 1993 PAGE FIVE Ordinance #4, Article 7 - DEFINITIONS. Discussion regarding Ordinance #4, Article 7 - DEFINITIONS was tabled. NEW BUSINESS: Possibility of Amending Ordinance #4. Section 25.11 FENCES to Make the addition of the requirement for a fence permit. Sanna Buckbee, Assistant City Clerk, explained that the City Council has requested the Planning and Zoning Commission investigate the possibility of requiring a permit for the installation of fences within the City of Centerville. It appears the major area of concern is the placement of fences within drainage easement areas. Ms. Buckbee also noted that Greg Hellings, City Attorney, appeared to feel that fence permits may be a good idea. Mr. Hellings noted that City staff could inspect the easement area where the fence is to be installed to see if the installation would hamper the use /purpose of the easement area. Mr. Hellings also noted the permit should make it clear that the property owner would be responsible for the cost of the re- installation of the fence if the City would need to remove the fence from the easement area for maintenance purposes. Commission member Vermeulen expressed concern regarding charging a fee for a fence permit to property owners who do not have easement areas on their property. City Council Liaison Helmbrecht noted the requirement for permits for fences would furnish the City with a way to monitor the installation. Commission member Welk expressed concern that storage sheds (120 square feet or less), sand boxes, etc. could be placed within an easement area as they are not required to have building permits. City Council Liaison Helmbrecht noted that Gunnar Pettersen, Building Inspector, expressed that it is important for the City to stop double fencing. Sanna Buckbee, Assistant City Clerk, noted that Gunnar Pettersen, Building Inspector, expressed some options regarding double fencing. One of the options was that if one property owner has a fence installed the adjoining property would not be allowed to install another fence. Another option was to require a certain amount of feet between fences to allow for the rear of the fences to be maintained. Mr. Pettersen noted that if a property has a fence installed on the property line, the adjoining property P &Z MEETING MINUTES OCTOBER 5, 1993 PAGE SIX would need to install their fence back the entire amount of feet required. Commission member Vermeulen expressed concern about how the City could tell a property owner they can't put up a fence just because their neighbor already has a fence. Commission member Welk expressed concern about how can you tell a property owner that "oh, no you can't have a fence" because the adjoining property already has one. Commission member LaMotte noted it could come down to telling property owners what type of fence they can have. Commission member Vermeulen noted that she feels this is a drainage easement problem, not a fence problem. Ms. Vermeulen noted that if a subcommittee will be prioritizing the drainage easement areas, the City could send letter to people that have placed things in the drainage easement and request them to be removed. Commission member Welk expressed that she felt it is more of a drainage easement situation than a problem with fence placement. Ms. Welk expressed that a letter should be sent to people who have drainage easements stating they must have permission from the City before installing anything within the easement area and require them to be three to four feet out of the easement area. • It appeared to be the consensus of the Planning and Zoning Commission that: • - the problem is not that of installation of fences; the problem deals with easement area; - the City should inspect existing structures located within easement areas to verify if there causing problems; - any new construction should require permission from the City to install structures within easement areas. ADJOURN: Motion by Vermeulen, second by Welk to adjourn the meeting, motion carried unanimously. Meeting adjourned 8:20 p.m. Respectfully submitted, Sanna E. Buckbee Assistant City Clerk