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HomeMy WebLinkAbout1991-08-06 Minutes Pursuant to due call and notice thereof the Planning and Zoning Commission of the City of Centerville held a Public Hearing on Tuesday, August 6, 1991 at the City Hall. The purpose of the Public Hearing was to hear all persons present regarding the possibility of amending Ordinance #4 - Schedule of District Regulations - Lot and Yard Requirements as follows: Now Reads: * Width at front yard setback line. Amend to Read: Width at front yard setback line. On curvilinear streets or cul -de -sacs the minimum lot width shall be determined at the building setback depth. Chairperson Tourville called the Public Hearing to order at 7:05 p.m. Present: Welk, Vermeulen, Drilling, City Council Liaison Wilharber. Chairperson Tourville summarized the proposed amendment to the Planning and Zoning Commission and members of the audience. Chairperson Tourville asked the Planning and Zoning Commission and members of the audience for comment. There was no comment offered. Motion by Drilling, second by Welk to adjourn the Public Hearing, motion carried unanimously. Public Hearing adjourned 7:09 p.m. Pursuant to due call and notice thereof the Planning and Zoning Commission of the City of Centerville held a Public Hearing on Tuesday, August 6, 1991 at. the City Hall. The purpose of the Public Hearing was to hear all persons present regarding the possibility of granting a variance to build a detached garage in an R2 Single Family Residential Zoning District. The variance is requested from Ordinance #4, Section 24. SCHEDULE OF REGULATIONS. (7) All future new dwellings shall have an attached double garage of minimum 440 feet. the property is legally described as follows: Tract A Registered Land Survey Number 44 and commonly known as 1689 Peltier Lake Drive. Chairperson Tourville called the Public Hearing to order at 7:10 p.m. Present: Welk, Vermeulen, Drilling, City Council Liaison Wilharber. Chairperson Tourville summarized the request to the Planning and Zoning Commission and members of the audience. Florence and Irene Seashore, 1693 Peltier Lake Drive, were present. The Seashores presented the Planning and Zoning Commission with a list of homes that presently have detached garages in the City of Centerville. The Seashores presently have a detached garage. r P &Z Meeting Minutes August 6, 1991 page two Chairperson Tourville asked questions of the Seashores and their builder, Dennis Kiel, North Shore Construction. Mr. Kiel noted that the proposed home is 62' x 28' and the proposed garage is 30' x 28'. This exceeds the minimum square footage requirements for new construction. The Seashores noted that their proposed new home would be all on one level and they would like a detached garage for storage. Florence Seashore noted that she had experienced a fire in 1927 where a fire had started in an attached garage and the entire structure burned down. Mrs. Seashore expressed that she would like a detached garage for fire safety. Irene Seashore noted that they meet the setback requirements from the lake and front, rear and side yard setbacks. Chairperson Tourville made the following comments: - The list of homes with detached garages is not relevant, since they were built prior to the adoption of the amendment of the Ordinance; - The reason behind the amendment was to require garages; - Requiring attached garages makes for a more current appearing home; - The amendment eliminated requests for variances to build a garage, especially in the R2A Zoning District with 80' frontage; - Agreement with the fact that a detached garage could be safe in regards to fire, but that with today's fire technology that is not a great factor; - Can not grant a variance solely on fire safety; - Variance needs to be based on uniqueness of lot. City Council Liaison Wilharber noted that before the amendment to the Ordinance some houses were built in the center of a lot and then would require a variance to the side yard requirements to add a garage. Liaison Wilharber suggested removing "attached" from the ordinance. Bill Svetin, 1687 Peltier Lake Drive, was present. Mr. Svetin noted that he had spoken with some of the neighbors and that no one appeared to express a problem with the Seashores building a detached garage. Mr. Svetin expressed that it would be a shame if the Seashores request for a variance is denied. Dennis Kiel noted that the existing development in the area has detached garages. Mr. Kiel asked that the Planning and Zoning Commission look at this as a unique situation. Mr. Kiel noted that the Seashores are building a new home because of Florence P &Z Meeting Minutes August 6, 1991 page three Seashore's health. Their proposed new home is a lot like their present home. Mr. Kiel noted that he had supplied Gunnar Pettersen with all requests and nothing was said about the requirement of an attached garage. Chairperson Tourville noted that a reason is needed to grant a allow enough variance. If the lot did not a w h room for an attached e g garage that would be justification. Chairperson Tourville expressed having a problem with meeting the standard of Ordinance $4, Article 6, Section 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 ". Commission member Drilling expressed agreement in that a reason is needed to grant a variance. By granting the Seashores variance the City could have problems done the road. Commission member Vermeulen expressed agreement. with Liaison Wilharber suggestion of giving serious consideration to amending the ordinance. She expressed that a detached or attached garage is one of personal preference. Commission member Welk expressed that. the Seashores request is not eligible for a variance. They do not meet the criteria to approve Seashores variance and deny others. The Commission needs - to decide what is fair. Chairperson Tourville suggested amending the ordinance to allow detached garages on all lots on plats approved prior to the amendment of the ordinance. Florence Seashore expressed that she prefers a detached garage and if she is not granted the variance she will just have to move away. Chairperson Tourville noted that he had spoken with Gunnar Pettersen, Building Inspector. Mr. Pettersen appeared to be in favor of granting the variance. Mr. Pettersen did not appear to be in favor of amending the ordinance. Commission member Drilling expressed that if the law is not followed this could create problems. Mayor John Buckbee was present. Mayor Buckbee expressed that he personally could not see a reason to grant the variance. Mayor Buckbee suggested amending the ordinance. P &Z Meeting Minutes August 6, 1991 page four Motion by Drilling, second by Vermeulen to adjourn the Public Hearing, motion carried unanimously. Public Hearing adjourned 8:10 p.m. Pursuant to due call and notice thereof the Planning and Zoning Commission of the City of Centerville held their regular meeting on Tuesday, August 6, 1991 at the City Hall. Chairperson Tourville called the meeting to order at 8:11 p.m. Present: Welk, Vermeulen, Drilling, City Council Liaison Wilharher. Motion by Vermeulen, second by Welk to approve the July 2, 1991 meeting minutes, motion carried unanimously. NEW BUSINESS Request For Variance, Florence Seashore, 1689 Peltier Lake Drive Motion by Welk, second by Vermeulen to recommend to the City Council that a variance be granted to Florence Seashore, to build a detached garage based on the following: - Due to the fact that this was an approved plat prior to the amendment of Ordinance #4 requiring attached garages; - Due to the fact that Mrs. Seashore's medical condition is the reason for her building a new home; - Mrs. Seashore concern's about fire safety, because of a previous experience, she would be prefer to have a detached garage; - Both the proposed home and garage exceed the minimum requirements for size; - And that there would be no additional variances with regard to setbacks required, Aye - Welk; Aye - Vermeulen; Aye - Tourville; Nay - Drilling, motion carried. OLD BUSINESS Possibility of amending Ordinance #4 - Schedule of District Regulations - Lot and Yard Requirements Motion by Vermeulen, second by Welk to recommend to the City Council to amend Ordinance #4 - Schedule of District Regulations - Lot and Yard Requirements as follows: Now Reads: * Width at front yard setback line. Amend to Read: * Width at front yard setback line. On curvilinear streets or cul -de -sacs the minimum lot width shall be determined at the building setback depth. motion oanni @d tammnim©i@ly: P &Z Meeting Minutes August 6, 1991 page five !aS ant Planning and Zoning Commission Seat Discussion on the criteria for member: - Longer resident, knows history of City; Newer resident, could offer objectivity; - Feel for community; - Willing to work with people; - Attendance important; - Dependability. Motion by Tourville, second by Vermeulen to hold a special meeting on August 27, 1991 to conduct interviews for the vacant Planning and Zoning Commission seat, motion carried unanimously. 1992 Budget Discussion of goals and objectives of the Planning and Zoning Commission. Codification of Ordinances was a goal discussed. Discussion on cost of having the City Attorney reviewing Ordinance #4 for legal compliance. Liaison Wilharber questioned if a planner would be more cost effective. Chairperson Tourville expressed that a planner is not versed in the law. He suggested getting legal advise first, than bringing to a planner for review. It appeared to be the consensus of the Planning and Zoning Commission to set the 1992 budget at $1,500 based on the following: - Salaries $600.00 with balance of monies to be used for: Seminars - Savings for legal fees for review of Ordinance 04. They expressed that with monies carried over from previous budgets, this should be a sufficient dollar amount. The Planning and Zoning Commission also noted that with State Aid cuts that everyone should tighten their belts. Motion by Welk, second by Vermeulen to recommend to the City Council that the 1992 Budget for the Planning and Zoning Commission be set at $1,500.00, motion carried unanimously. NEW BUSINESS Request for Conditional Use Permit as required by Ordinance #33- A, Section 23 - Jim an. Joyce Stevens - 7007 20th Avenue South Motion by Tourville, second by Drilling to table for discussion at the next appropriate meeting, motion carried unanimously. P &Z Meeting Minutes August 6, 1991 page six Eossibi-1'ty of Amending Ordinance. #4 Section 24. SCHEDIUJ Q1 REGULATIONS. (7) All future new dwellings shall have an attached double garage of minimum 440 feet.. Motion by Tourville, second by Drilling to discuss the possibility of amending Ordinance #4 to allow for a detached garage; - That Gunnar Pettersen, Building Inspector, be asked for input on the proposed amendment; - That City Staff research the number of vacant lots that may be effected by the proposed amendment, motion carried unanimously. September Meeting Date The September Planning and Zoning Commission meeting is rescheduled to Thursday, September 5, 1991. Adiourn Motion by Vermeulen, second by Drilling to adjourn the meeting, motion carried unanimously. Meeting adjourned 9:08 p.m. Respectfully submitted, Sanna E. Buckbee Assistant City Clerk