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HomeMy WebLinkAbout1993-01-12 Minutes MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF CENTERVILLE, MINNESOTA HELD ON TUESDAY, JANUARY 12, 1993 AT 7:00 P.M. IN THE COUNCIL CHAMBERS Pursuant to due call and notice thereof the Planning and Zoning Commission of the City of Centerville held their regular meeting on Tuesday, January 12, 1993 at the City Hall. Chairperson Tourville called the meeting to order at 7:07 p.m_ Present: Drilling, LaMotte, Vermeulen, Welk. MINUTES Motion by Vermeulen, second by Welk to approve the November 10, 1992 meeting minutes, motion carried unanimously_ OLD BUSINESS Request for Variance - 7169 West Robin Tang Chairperson Tourville reviewed with the members of the Commission the following information enclosed in their Planning and Zoning packets: - Memorandum from Ray Siebenaler to the Mayor and City Council dated December 3, 1992; - Information on garages located on West Robin Lane with regard to square foot of garage, allowable garage size and percent garage is exceed; percent of rear yard allowable for use and actual rear yard used or proposed to use; - Memorandum from Ray Siebenaler to the Mayor and City Council dated December 15, 1992; - Letter dated December 16, 1992 from Greg Hellings, City Attorney to Ray Siebenaler; - Photocopy of Royal Meadows plat map indicated the lots that have detached, attached and no garages. A copy of the above information is on file with the City Hall_ Curtis Burn, 7169 West Robin Lane, was present. Mr. Burn noted it was his understanding the City Council has asked the Planning and Zoning Commission to review his request for variance at this meeting, Pam Harare, 7181 West Robin Lane, was present. Ms. Hamre expressed that everyone with a detached garage in the Royal Meadows development is effected by the section of Ordinance #4, with regard to amount of yard occupied_ Ms_ Harare noted she has a 24 x 24 garage which exceeds the amount of rear yard occupied. Ms_ Hamre explained she had come to City Hall to apply for P &Z Meeting Minutes January 12, 1993 page two building permit to build a 8 x 10 shed. City Hall staff told her a building permit to build a 8 x 10 shed was not required. Ms. Hamre has been ordered to stop construction of the 8 x 10 shed because her garage already exceeds the 10% of the rear yard occupied. Ms. Hamre noted the rear yards in the Royal Meadows development may be equal to the other developments in the City because the front yard setback is less_ Commission member Drilling noted the Building Inspector may have allowed garages to be built in past that exceeded the 10% of the rear yard occupied_ Commission member Drilling also noted that two wrongs do not make a right ". Commission Drilling expressed that he would like to see a response from Gunnar Pettersen, Building Inspector, as to the reason why the oversized detached garages were allowed to be built without a variance_ Chairperson Tourville noted the purpose at this meeting is to discuss the matter and decide on a course of action. Pam Hamre, 7181 West Robin Lane, expressed that in her opinion, the garages and sheds fit the development and do not look "tacky". Chairperson Tourville expressed that the Planning and Zoning Commission needs to look for a solution to the problem. Curt Burn, 7169 West Robin Lane, noted he has been to three meetings (one Planning and Zoning Commission meeting and two City Council meetings) and he has heard from the Planning and Zoning Commission and City Council that the would like an explanation from Gunnar Pettersen, Building Inspector, and it appears that a response has not been received from Mr. Pettersen. Chairperson Tourville noted that the Planning and Zoning Commission needs to deal with the future and not the past. Commission member Drilling asked how many non - conforming garages there are in the Royal Meadows development and by how much they exceed the 10% of the rear yard occupied. Curt Burn, 7169 West Robin Lane, noted he had purposely located his home in its present position to be able to build a detached garage. the J of the Commission if Chairperson Tourville questioned th members o t they felt there was any justification that could be applied to grant a variance from Ordinance #4, Section 34.06 AMOUNT OF YARD OCCUPIED. P &Z Meeting Minutes January 12, 1993 page three It appeared to be the consensus of the Planning and Zoning Commission members that there is no justification for the granting of the variance. The Planning and Zoning Commission appeared to be in favor of amending Ordinance #4_ Commission member Drilling asked what would be the right percentage to amend the Ordinance_ Chairperson Tourville noted that the City of Hugo has amended their Zoning Ordinance recently with regard to amount of yard occupied due to the number of requests for variances. Pam Harare, 7181 West Robin Lane, asked the Planning and Zoning Commission to figure a garage and shed into the amount of yard occupied. Curt Burn, 7169 West Robin Lane, noted that he has been told that he would have to remove his shed before the garage is built. But once the garage is built who would be allowed to erect a shed_ Commission member Vermeulen noted she would like to know the number of garages that exceed the 10% of rear yard occupied and to the percentage they exceed the 10% of the rear yard occupied. Commission member Vermeulen would like to make all the existing non - conforming detached garages conforming_ Commission member Vermeulen suggested that City staff measure the detached garages in the Royal Meadows development and come up with the percent that they exceed the 10% of the year yard occupied_ Chairperson Tourville noted he does not see a problem with amending the Ordinances as long as all the set back requirements are complied with It appeared to be the consensus of the Planning and Zoning Commission members to deal with the R -4 Manufactured Housing Zoning District separately with regard to Ordinance #4, Section 34.06 AMOUNT OF YARD OCCUPIED_ It appeared that the Planning and Zoning Commission would be in favor of raising the amount of rear yard occupied from the 10%_ The Planning and Zoning Commission also would like to consider inclusion of lots with shed in the percentage of rear yard occupied_ Motion by Vermeulen, second by Drilling to request City staff to investigate the percentage the lots in the Royal Meadows Development with detached garages which exceed ten (10) percent square footage of the area of any rear yard; in order to make informed decision on an amendment to 0PgifiRRE@ 44 § sti@n §4:08 AMOUNT OF YARD 000DP11Th • P &Z Meeting Minutes January 12, 1993 page four and to make all the non - conforming detached garages conforming, motion carried unanimously. Acorn Creek Development Gordon Rehbein, Developer, and Ken Vanderbeek, Realtor, were present to discuss the proposed Acorn Creek development. It was noted the "dead ending" and re- routing of Mill Road is an issue that needs to be decided. Gerald Rehbein, Developer, has reviewed the Planned Unit Development section of Ordinance #4 and expressed concern with the open space requirements and the street lay-outs. It appeared that Gerald Rehbein did not feel that a Planned Unit Development would be feasible. Chairperson Tourville asked if the park land dedication issue had been resolved_ Ken Vanderbeek noted that 3.8 acres located in the north east corner (of the northern section) would be dedicated as park land_ There would be a sixty foot wide easement with a "T" turn around. There would also be an trail easement through two lots located in the north east corner of the southern section of the proposed development. The trees located in the ditch area will be preserved_ The drainage ponds will be wet. Chairperson Tourville noted that, in his opinion, the proposed park land location does not appear to be easily assessable. Chairperson Tourville expressed that the park land should be more centrally located. Ken Vanderbeek noted that the proposed park land would be assessable to neighborhood traffic patterns. Park and Recreation Committee member Linda Drilling was contacted by telephone to relay the Park and Recreation Committee's opinion on the proposed park land for the Acorn Creek development. Committee member Drilling noted the following: assuming the Planning and Zoning Commission was viewing the sketch plan were the proposed park land was located in the north east corner with a 40 foot easement off the cul -de -sac: - The Park and Recreation Committee did not feel that this provided enough access to the proposed park land_ It would not be adequate for emergency vehicles to access the proposed park land. the Park and Recreation Committee did not receive any clear description that the proposed park land was not to include any water or drainage ditches_ P &Z Meeting Minutes January 12, 1993 page five - The Park and Recreation Committee would like to make sure that actual land is dedicated as park land. Ken Vanderbeek noted that a 60 foot wide easement, a "T" turn around and an easement through lots on the first half are feasible. Committee member Drilling noted that the Park and Recreation Committee would like to make sure the park land dedication is 10 %, and would like to have this in writing. Committee member Drilling expressed that the Park and Recreation Committee would approve the park land dedication if the 40 foot easement is enlarged to 60 foot "T" turn around, that the developer agree to pave the "T" turn around and provide a four section parking area. Also an additional walk way easement in the first half be included_ Committee member Drilling noted that the Park and Recreation Committee has reviewed different locations for placement of the park land. The Committee expressed that there was no ideal location for the park land. The Committee saw problems with every location. If the park land was located in the southern half it may be more assessable for people. Commission member Welk expressed that as far as she was concerned, locating the park in the north east corner was wasted space_ Ken Vanderbeek noted that park land is desirable for this development_ Chairperson Tourville expressed that the north half is to be zoned R -5 Single Family Estate and is to be an "elite" part of the City and expressed concern that property owners may complain about the noise and traffic from a park in this location. Ken Vanderbeek expressed he did not see the location of the park land as a burden to property owners in the R -5 Single Family Estate zoning district. The main use should be from walking, there may be a little more traffic with the "T" turn around. It is Mr. Vanderbeek's understanding the park land would consist of picnic areas and playground equipment, he also understood that there would not be any ball fields_ Mr_ Vanderbeek explained that he and Mr. Rehbein were present to hear the Planning and Zoning Commission's opinion on the closing and re- routing of Mill Road. Commission member Drilling noted that concern has been expressed by residents that the Comprehensive Plan is not being following. • P &Z Meeting Minutes January 12, 1993 page six Chairperson Tourville noted the concern appears to be that the proposed R2A Zoning District is larger than suggested in the Comprehensive Plan. Commission members Vermeulen and Welk noted that the R2A zoning district should be located south of the proposed 73rd Street and that the R2 Zoning District should be located north of the proposed 73rd Street to the ditch. Ken Vanderbeek expressed that if the lots north of the proposed 73rd Street were zoned R2 the houses built would be smaller. If the zoning was to be R2A the houses built would meet the minimum living space for the R2 Zoning District_ The cost of developing is directly related to the frontage of the lots. Commission member Vermeulen and Welk expressed that the R2 Zoning District might be met with the elimination of one lot. Chairperson Tourville noted the following_ - the park land dedication appears to be okay with the Park and Recreation Committee; - all land dedication - no park and trail dedication fees will be collected; - a 60 foot wide "T" turn around versus a cul -de- sac; - an easement between lots 4 and 5 located on the southern half would be included_ - and the drainage ponds will be wet. if The discussion appears to be on lot size and lot alignments. Chairperson Tourville asked the Commission their opinion on the realignment of Mill Road. Commission member Drilling expressed that the realignment would help decrease traffic on Mill Road_ Ken Vanderbeek noted that the Planned Unit Development issue is "dead "_ The development agreement would include that R2 houses would be built in the R2 and R2A Zoning Districts. Mr. Vanderbeek noted that the whole idea of this development is to build better housing_ Chairperson Tourville questioned if the contour of land would change. Ken Vanderbeek noted that the City Engineer feels he can keep the contour of the land pretty much the same. P &Z Meeting Minutes January 1 2 1993 page seven Motion by Vermeulen, second by LaMotte to schedule a public hearing for the next meeting to hear persons present regarding the rerouting of Mill Road, motion carried unanimously. Change Meeting Date - First Tuesday of Ranh Month Motion by Tourville, second by Drilling to change the meeting date of the regular Planning and Zoning Commission meetings to the first Tuesday of each month, motion carried unanimously. Re view of O d_nan. $4 Article 7 Motion by Tourville, second by Drilling to table discussion of Ordinance tt4, Article 7 until the next meeting, motion carried unanimously. FUTURE AGENDA ITEMS 1_ Goals and Priorities. 2. Nomination of Chairperson and Acting Chairperson_ ADJOURN Motion by Vermeulen, second by Drilling to adjourn the meeting, motion carried unanimously. Meeting adjourned 9:30 p.m. Respectfully submitted, Canna E. Buckbee Assistant City Clerk