Loading...
HomeMy WebLinkAbout1993-07-06 Minutes PLANNING AND ZONING COMMISSION MEETING MINUTES TUESDAY, JULY 6, 1993 PUBLIC HEARING - REQUEST FOR VARIANCE 1581 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 6, 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, TABLE 8 - SCHEDULE OF DISTRICT REGULATIONS - LOT AND YARD REQUIREMENTS - Front yard setback. The variance requested from the yard setback is eighteen (18) feet, six (6) inches. The purpose of the request for variance is to demolish the present garage and replace with a room addition and a three car garage. The property is legally described as Lot 4, Block 2 Burque Addition and commonly known as 1581 Peltier Lake Drive. Chairperson Tourville called the public hearing to order at 7:13 p.m. Present: Drilling, LaMotte, Welk, City Council Liaison Brenner. Absent: Vermeulen. Chairperson Tourville summarized the request for variance to the Planning and Zoning Commission members and persons present in the audience. Jeff Godwin, 1581 Peltier Lake Drive, was present. Mr. Godwin noted that he is the applicant for the request for variance. Mr. Godwin noted that the house was built in the 1960's and the garage roof sags and needs to be replaced. Mr. Godwin would like to build forward and up to allow for the addition of a master bedroom, family room and a triple car garage. Mr. Godwin noted that his boat presently sits in the front yard. Mr. Godwin expressed that his boat in the front yard is a nuisance and an eyesore to the community. Mr. Godwin would like to build a three car garage to allow for storage of his boat inside. Mr. Godwin feels that his proposed addition will improve the property value which will be of benefit to the community and themselves. A letter dated June 12, 1993 from Mr. Godwin regarding the request for variance is attached to a made a part of these minutes. Chairperson Tourville questioned Mr. Godwin if a variance from the front yard setback is the only variance being requested. Mr. Godwin noted a variance from the front yard setback is all is would be asking for. Matt Dean, Designer for the Godwins was present. Mr. Dean noted that he was familiar with the variance process. Sandy Stevenson Watson, 1585 Peltier Lake Drive, was present. Ms. Stevenson Watson expressed that she was in favor of the project. P&Z MEETING MINUTES JULY 6, 1992 PAGE TWO Motion by Tourville, second by Drilling to adjourn the public hearing, motion carried unanimously. Public hearing adjourned 7:25 p.m. PUBLIC HEARING - AMENDMENT TO ORDINANCE 34, ARTICLE 3, SECTION 34.05 Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held a public hearing on Tuesday, July 6, 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 34.05 as follows: NOW READS: ATTACHED ACCESSORY BUILDINGS. In case an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this ordinance applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than five (5) feet to the main building, except as otherwise provided in this section. AMEND TO READ: 34.05 ACCESSORY BUILDINGS. In case an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this ordinance applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than five (5) feet to the main building, except as otherwise provided in this section. ADD: 34.05 -01 TYPES OF ACCESSORY BUILDINGS AND STRUCTURES. Storage or tool sheds: detached garage: detached rural storage building: detached domesticated farm animal building; agricultural farm building: or other accessory buildings and structures as determined by the Building Official. All accessory building and structures are subiect to compliance with Section 34.06 AMOUNT OF YARD OCCUPIED. P &Z MEETING MINUTES JULY 6, 1992 PAGE THREE 34.05 -02 Total Number of Accessory Buildings Permitted in Residential Districts. The following summarizes the maximum number of accessory buildings allowed in an individual parcel according to lot size and residential district. (A) R -1 or R -3 Districts No requirement. All accessory building and structures are subject to compliance with Section 34.06 AMOUNT OF YARD OCCUPIED. (8) R -2, R -2A, R -4 and R -5 District One storage or tool shed. One detached garage (if there is no attached garage). Chairperson Tourville called the public hearing to order at 7:26 p.m. Present: Drilling, LaMotte, Welk, City Council Liaison Brenner. Absent: Vermeulen. Chairperson Tourville summarized the proposed amendment to the Planning and Zoning Commission members and persons present in the audience. No comment was offered from persons present in the audience. Motion by Tourville, second by Welk to adjourn the public hearing, motion carried unanimously. Public hearing adjourned 7:30 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, July 6, 1993 at the City Hall. Chairperson Tourville called the meeting to order at 7:31 p.m. Present: Drilling, LaMotte, Welk, City Council Liaison Brenner. Absent: Vermeulen. APPROVAL OF MINUTES: April 13. 1993 meeting minutes Approval of the April 13, 1993 meeting minutes was tabled until a majority of the Commission members in attendance at the April 13, 1993 meeting are present to approve. P &Z MEETING MINUTES JULY 6, 1992 PAGE FOUR June 1, 1993 meeting minutes. Approval of the June 1, 1993 meeting minutes was tabled until a majority of the Commission members in attendance at the June 1, 1993 are present to approve. May 4. 1993 meeting minutes. Motion by Drilling, second by Welk to approve the May 4, 1993 meeting minutes, AYE - Drilling; AYE - Tourville; AYE - Welk; ABSTAIN - LaMotte, motion carried. NEW BUSINESS: Request for Variance - 1581 Peltier Lake Drive Chairperson Tourville asked Mr. Godwin if he had spoken with Gunnar Pettersen, Building Inspector, regarding his request for variance. Mr. Godwin noted that he had spoken with Gunnar Pettersen, Building Inspector. Mr. Godwin noted that Mr. Pettersen did not express anything negative about the proposed plan. Mr. Godwin also noted that Mr. Pettersen said he does not have the authority to approve the variance. Chairperson Tourville noted that the proposed construction to the front of the house should not conflict with the 75 foot setback from the lake. Chairperson Tourville asked if using the average setback has been suggested. Commission member Drilling asked if the City staff has received complaints regarding the boat in the front yard. City staff noted that there has not been any complaints received regarding the storage of the boat at 1581 Peltier Lake Drive. Commission member Drilling suggested that the Building Inspector be asked to verify distance from the curb to the house. Commission member Drilling also expressed that the average yard setback should be investigated. Commission member Drilling noted that, in his opinion, Mr. Godwin does not meet the criteria for granting a variance. Mr. Godwin noted that he did struggle to come up with the reasons outlined in his letter dated June 12, 1993. Commission member Drilling expressed concern that a precedent would be set if Mr. Godwin's request for variance is granted. P &Z MEETING MINUTES JULY 6, 1992 PAGE FIVE Chairperson Tourville questioned that if it is possible that the average yard setback could be applied, would the variance fee be refunded. Sanna Buckbee, Assistant City Clerk, noted the City Council could consider refunding the variance fee if an error was made by staff. Chairperson Tourville questioned what the basis for denial of the variance would be based on. Commission member Drilling noted that he does not feel the criteria has been met. Commission member Drilling noted that Mr. Godwin could build out, but it is a question of how far. Chairperson Tourville asked Mr. Godwin if there would be any chance of changing his plans to stay within the setback requirements. Mr. Godwin noted he would need to remove one stall and have only a two stall garage. Commission member LaMotte noted that Mr. Godwin could expand more into the back and this may lessen the front yard setback. Matt Dean, Designer for the Godwins, noted the proposed project will not fly without the three car garage. Chairperson Tourville noted that due to the lake shore, there is more variation in setbacks. The entire street (Peltier Lake Drive) has been one of continuing improvement of properties. The improvements should a net gain to the City tax base. Comlliaaiun ffiember Welk expressed concern that if this variance was granted, how could the Planning and Zoning Commission deny other properties a variance. Commission member LaMotte expressed that he did not have a problem granting the variance due to the setbacks of the other properties. However, Commission member LaMotte expressed concern about other variances that have been denied. Commission member LaMotte also expressed concern that if this variance was granted that it may come back to haunt them. Commission member Drilling noted he would like to have the Building Inspector investigate the possibility of utilizing the average yard setback before making a decision. Commission member Drilling noted he would like to wait until the Building Inspector comments on the average yard setback. Commission member Drilling P &Z MEETING MINUTES JULY 6, 1992 PAGE SIX noted he is not in favor of granting this variance. Commission member Drilling noted the Planning and Zoning Commission has denied other similar variance requests. Mr. Godwin expressed concern that the requirements of the ordinance prevents improvement to properties. Commission member Welk noted that she would like to see the improvement, she has nothing against a three car garage. However, Commission member Welk expressed concern about how the Planning and Zoning Commission could justify denying other variance requests that may come down the road. Mr. Godwin expressed that each request for variance should be considered as an individual case. Matt Dean, Designer for the Godwins, noted the Godwins do have a case for hardship. In Mr. Dean's opinion, there is no buildable area on the lot and to improve the house the Godwins must expand beyond the setback requirements, build within pad or move. Mr. Dean also noted that if the variance is granted the Godwin home will not be the closest to the street. Chairperson Tourville noted that the ordinance should not discourage improvement of properties. Chairperson Tourville also noted that there is a certain amount of precedent set with other houses being closer. Chairperson Tourville did express concern with treating everyone fairly. Motion by Drilling, second by LaMotte to table discussion of the request for variance - 1581 Peltier Lake Drive until further information from Gunnar Pettersen, Building Inspector, regarding the average yard setback can be reviewed, motion carried unanimously. OLD BUSINESS: Foundation Sizes versus Minimum Living Area and Minimum Lot Size Reauirements in each of the Residential Zoning Districts. Motion by Tourville, second by Drilling to table discussion of foundation sizes versus minimum living area and minimum lot size requirements in each of the residential zoning districts until Chairperson Tourville contacts Tim Rehbine, Economic Development Task Force Chairperson, for further information, motion carried unanimously. Possibility of Amending Ordinance #4. Article 3. Section 34.05. Motion by Drilling, second by LaMotte to recommend that the City JULY 6, 1992 PAGE SEVEN Council approve the following amendment to Ordinance #4, Article 3, Section 34.05 as follows: NOW READS: ATTACHED ACCESSORY BUILDINGS. In case an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this ordinance applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than five (5) feet to the main building, except as otherwise provided in this section. AMEND TO READ: 34.05 ACCESSORY BUILDINGS. In case an accessory building is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with the requirements of this ordinance applicable to the main building. An accessory building, unless attached to and made a part of the main building, shall not be closer than five (5) feet to the main building, except as otherwise provided in this section. ADD: 34.05 -01 TYPES OF ACCESSORY BUILDINGS AND STRUCTURES. Storage or tool sheds: detached garage: detached rural storage building: detached domesticated farm animal building: agricultural farm building: or other accessory buildings and structures as determined by the Building Official. All accessory building and structures are subject to compliance with Section 34.06 AMOUNT OF YARD OCCUPIED. 34.05 -02 Total Number of Accessory Buildings Permitted in Residential Districts. The following summarizes the maximum number of accessory buildings allowed in an individual parcel according to lot size and residential district. (A) R -1 or R -3 Districts No requirement. All accessory building and P &Z MEETING MINUTES i P &Z MEETING MINUTES JULY 6, 1992 PAGE EIGHT structures are subject to compliance with Section 34.06 AMOUNT OF YARD OCCUPIED. (B) R -2. R -2A. R -4 and R -5 District One storage or tool shed. One detached garage (if there is no attached garage). motion carried unanimously. Acorn Creek City Council Liaison Brenner noted that the Planning and Zoning Commission appeared to be concerned that the City Council did not fully use the Planning and Zoning Commission recommendations with regard to Acorn Creek Development. Ms. Brenner asked the Planning and Zoning Commission if they had any comments regarding this concern. Chairperson Tourville noted that he felt that the City Council bypassed the Planning and Zoning Commission. Chairperson Tourville noted that the Planning and Zoning Commission has dealt with Developers all the way through the Preliminary Plat approval. Chairperson Tourville questioned why the City Council appointed a sub - committee when the Planning and Zoning Commission existed. Chairperson Tourville suggested that at the sketch plan stage a joint meeting of the City Council, Park and Recreation Committee and Planning and Zoning Commission be held. Star City City Council Liaison Brenner updated the Planning and Zoning Commission on the status of the Star City Program. Ms. Brenner noted that the Star City Committee is making progress and are now at Phase II of the program. Ms. Brenner asked if the members of the Planning and Zoning Commission would like to become involved in Phase III of the process. Phase III is the analyst and planning portion of the program. Commission member Drilling questioned what are the advantages of becoming a Star City. City Council Liaison Brenner noted that the program helps promote economic development. The Star City program will present Centerville in the best light. Ms. Brenner noted the Star City is a positive program and appears to be very effective. Ms. 1 � P&Z MEETING MINUTES JULY 6, 1992 PAGE NINE Brenner also noted that the program will help the City have a professional image and also represents the interest of the residents and business owners of the City of Centerville. ADJOURN Motion by Drilling, second by Welk to adjourn the meeting, motion carried unanimously. Meeting adjourned 9:25 p.m Respectfully submitted, Sanna E. Buckbee Assistant City Clerk