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HomeMy WebLinkAbout1991-06-04 Minutes Pursuant to due call and notice thereof the Planning and Zoning Commission of the City of Centerville held a public hearing on Tuesday, June 4, 1991 at the City Hall. The purpose was to hear all persons present regarding the possibility of rezoning the following property described as follows: Auditor's Subdivision number 48, revised lot 9 Auditor's Subdivision 48, revised. Including 1/2 of vacated street lying west of and adjacent to lot 9. And the 1/2 of vacated street lying adjacent to and east of lot 1 and 2 in Block 3 in Village of Centerville 10/28/63. (Subject to sanitary sewer easement to Centerville 2- 24 -77); and commonly known as 1759 Main Street. Acting Chairperson Vermeulen called the hearing to order at 7 :06 p.m. Present: Wilharber, Drilling, City Council Liaison Buckbee. Absent: Tourville, Welk. Acting Chairperson Vermeulen summarized the proposed rezoning noting that the request is to rezone from Conservation (C -1) to Single Family Residential - Sewered (R -2). Acting Chairperson Vermeulen opened the hearing to audience members present for comments. Rich Tuomi, 1759 Main Street, was present. Mr. Tuomi presented the Planning and Zoning Commission with written information prepared by him regarding his request for rezoning. A copy of Mr. Tuomi's letter dated June 4, 1991 is on file with the Clerk /Administrator. Motion by Wilharber, second by Drilling to adjourn the public hearing, motion carried unanimously. Public Hearing adjoined 7:22 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, June 4, 1991 at the City Hall. Acting Chairperson Vermeulen called the meet to order at 7:23 p.m. Present: Wilharber, Drilling, City Council Liaison Buckbee. Absent: Tourville, Welk. Motion by Drilling, second by Wilharber to approve the May 7, 1991 Planning and Zoning meeting minutes, motion carried unanimously. OLD BUSINESS Request for Rezoning - 1759 Main Street (PropQed Rezoning from Conservation (C -1) to Single Family Residential - Sewered (R -2) Motion by Wilharber, second by Drilling to recommend to the City Council that the property commonly described as 1759 Main Street be rezoned from Conservation (C -1) to Single Family Residential - §4 r4Sd tt =k3i gifeg ?&M44Y # @@id @ntigi as it is presently t @ing u® @4 a® ragidantiMl prop @rty, motion oarriad unanimou®ly. PeZ Meeting Minutes June 4, 1991 page two Request for Variance - 1759 Main Street Ordinan #4 ion 4 06 AMOUNT nF YARD O U IED and SP t+ u 43.01 CHANGE IN NON - CONFORMITY. It was noted that the Public Hearing for the variance request was held at the April 8, 1991 Planning and Zoning Commission meeting. It was the recommendation of the City Attorney that a variance not be granted because the use of the structure is non- conforming with the zoning requirements for a Conservation C -1 Zoning District. It was the recommendation of the City Attorney that this parcel be considered for rezoning, if the property owner requests the rezoning. If the property owner requested rezoning than the request for variance could be considered. The property owner has requested rezoning of the property. The public hearing and recommendation were discussed earlier at this meeting. Motion by Drilling, second by Wilharber to recommend to the City Council that a variance from Ordinance #4, Section 34.06 AMOUNT OF YARD OCCUPIED to expand the existing garage be granted based on the following: 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; 65.03 -2 Literal interpretation of the provision of this ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; 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; 65.03 -4 The proposed variance will not impair an adequate supply of light and air to adjacent property, or unreasonable diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety or welfare of the residents of the City; contingent upon the City Council approving the rezoning of said property to Single Family Residential - Sewered (R -2), motion carried unanimously. The Planning and Zoning Commission asked Mr. Tuomi if the garage were to be expanded would the garage be more non - conforming in regards to the current 10 foot rear yard set back. Mr. Tuomi noted that the expansion would not be more than the present 10 foot year yard set back of the present garage. P &Z Meeting Minutes June 4, 1991 page three Motion by Drilling, second by Wilharber to recommend to the City Council that a variance from Ordinance #4, Section 34.06 CHANGE IN NON- CONFORMING to expand the existing garage, with a current rear yard setback of 10 feet versus the 25 foot rear yard setback requirement, granted based on the following: 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; 65.03 -2 Literal interpretation of the provision of this ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; 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; 65.03 -4 The proposed variance will not impair an adequate supply of light and air to adjacent property, or unreasonable diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety or welfare of the residents of the City; that the City Council has granted a variance to 7231 Mill Road to erect a three season porch if the porch could be built so that it would be no further into the setbacks then the existing encroachment, contingent upon the City Council approving the rezoning of said property to Single Family Residential - Sewered (R -2), motion carried unanimously. A copy of the November 20, 1989 City Council meeting minutes which references the variance request of 7231 Mill Road are attached to and made a part of these minutes. Proposed Ordinance 052 - Site Maintenance Motion by Drilling, second by Wilharber to approve the proposed Ordinance 052 - Site Maintenance as revised, motion carried unanimously. A copy of the revised Ordinance #52 - Site Maintenance is attached to and made a part of these minutes. P &Z Meeting Minutes June 4, 1991 page four ADJOURN Motion by Drilling, second by Wilharber to adjourn the meeting, motion carried unanimously. Meeting adjourned 8:05 p.m. Respectfully submitted, SCOWL- etakte_ Sanna E. Buckbee Assistant City Clerk JUNE A1991 SUBJECT: Rezone to Residential (from C -1 to R-2) 1759 Main Street, Centervihe. Requested by: Richard W. Tuomi 1. Use: The property has been used for residential purposes since the house was built approximately 1920. 11. Current Zoning Status: About 1982 the city zoned the property as C -1 ( parks and playground usage) thinking that someday a walkway may be placed along the creek. Due to changes in property use north of the property, this is no longer a potential usage. The current zoning does not reflect the residential usage of the property over the last 70 years. 111_ Building Bevations: Landmark Surveying Inc. of Scandia, MN shot elevations of the buildings on April 24, 1991 with the following results: Garage slab: 908.2 feet House (south threshold): 911.2 feet The flood elevation as taken from the FIRM (Flood Insurance Rate Map) is 899 feet. This puts the house at 12.2 above flood plain and the garage at 9.2 feet above flood plain. IV City Attorney Comments: In his letter dated April 10th, city attorney, Cflgory J. Hollings, stated that a rezoning to residential use may be appropriate, if the city decides that C -1 (parks & playground) is not the intended usage. V. Water Conservation: The DNR sees no problem with rezoning the property. VI. At the Zoning Board hearing of April 22, to hear request for variances to remodel a garage, this board suggested that I apply to rezone the property to residential (R -2). I therefore request the Zoning Board approve rezoning the property to R -2. Mso that the Zoning Board approve the variance request on the property and submit approvals to the City Council for approval at the June 12, 1991 meeting. Res tfully: r Richard W. Tuomi Applicant and property owner Meeting Minutes - CC November 20, 1989 Page Five in order to obtain the chipper. The chipper could be obtained with a matching funds grant. Ayde advised that with regard to animal remains, they are not an acceptable waste for the resource recovery plant. She noted that if residents will call, the remains could be taken care of through a special pickup as animal remains still can be brought to landfills. She noted that the suggestion of a special pickup will be put in the October 1990 bill. Ayde advised that she will begin an award program in January 1990 for recyclers. This was referred to in the past as a recycling lottery by the City Council. Ayde advised that with regard to household waste she is proposing a drop off center by appointment only as Lake Sanitation would have to have personnel on hand for data and record keeping. Ayde noted that funding is available through the Metropolitan Council and encouraged the Council to continue to pursue funding on the County level. Ayde will draft proposals with regard to possible grants to be given to the City to be considered at their December 27, 1989 City Council meeting. She will also mail her report and findings on their township surveys with regard to possible minimum servicing. Ayde advised that Centerville has received an award by Anoka County for going beyond it's goal for abatement. She advised that Centerville is the only City which Lake Sanitation serves that received the award. NEW BUSINESS *231. 144!11 aisi Joe Perkowski, property owner of 7231 Mill Road, was present to request a variance to erect a three season porch and attached deck five feet from the north property line of said property. Perkowski advised that he thought that his situation did fall under the four criteria required in Ordinance 14 with regard to variance requests. He reiterated the four criteria as he felt they pertain to his situation as stated in the Planning and Zoning minutes dated November 9, 1989. Council member Neumann noted that per City Ordinance 14 a non- compliant structure could not be replaced or increased. Motion by Pelton, second by Burgstahler that if the porch were to be only 9 feet wide and not any further into the setback then currently, and that due to the deck already being within the Meeting Minutes - CC November 20, 1989 Page Six setback, and that this not being due to action by the current property owner, a three season porch would be allowed to be erected if the porch could be built so that it would be no further into the setbacks then the existing encroachment on the property described as follows: that part of lot 11 auditor's subdivision no. 47 revised description as follows; commence at the northeast corner of said lot 11 - then southerly along the east line of said lot 11 a distance of 416.86 feet to the point of beginning - then continue southerly along said east line of lot 11 a distance of 105.62 feet - then westerly parallel with the north line of said lot 11 a distance of 175 feet - then northerly parallel with the east line of said lot 11 a distance of 105.62 feet - then easterly to the point of beginning and subject to the existing. 8th street along the east line thereof; justification would be: • - everyone else appears to have something similar to the proposed three season porch; - the floor plan of the structure does not allow for any other place on the property for a three season porch; - that this does not provide more of a privilege to this property owner; and - that this does not negatively impact neighboring property owners; Haberman - aye, Peterson - aye, Pelton - aye, Burgstahler - aye, Neumann - nay, motion carried. Centennial Fire District Bylaws Proposed Amendment. Motion by Peterson, second by Burgstahler that the proposed bylaw amendment be declined, Peterson - aye, Pelton - aye, Burgstahler - aye, Neumann - aye, Haberman - abstain,. motion carried. planning and Zoning Commission Member Appointment. Council member Neumann noted that he thought that Tom Wilharber had better qualifications with regard to experience. He noted that Charles Brenner appeared to be qualified but may not be versed in current City ordinances. He noted that the current Planning and Zoning Commission members, with the exception of Chairperson Dan Tourville, may not have a depth of knowledge of City Ordinances. ORDINANCE # 52 ORDINANCE REGULATING THE SITE MAINTENANCE ON PARCELS OF __.OPERTY ON WHICH NEW RESIDENTTAh. COMMERCIAL, OR INDUSTRIAL CONSTRUCTION TS IN PROCESS. THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA ORDAINS: SECTION 1. CONTAINMENT OF DEBRIS. 10.01 On parcels which construction is being taken place, the property owner shall be responsible to contain all rubbish, debris and excess construction material within the construction site. SECTION 2. REMOVAL OF DEBRIS. 20.01 The property owner is responsible to remove all rubbish, debris and excess construction material from the construction site bi- weekly, 20.02 In the event the property owner fails to contain or remove rubbish, debris and /or excess construction material, the City shall be authorized to clean the premises and the property owner shall be responsible for the costs thereof. SECTION 3. SITE MAINTENANCE FEE. 30.01 A $215 Site Maintenance Fee shall be placed in escrow to the City at the time that a building permit is issued. 30.02 Contingent upon no City action being required to monitor and or clean the site, $200 of the Site Maintenance Fee will be refunded to the property owner at such time that construction on the parcel has ceased, and the construction site is free of rubbish, debris and excess construction materials. SECTION 4. PAYMENT /ASSESSMENT OF COSTS. 40.01 The cost for any action taken by the City to monitor or clean the site will be deducted from the Maintenance Fee. Should the costs for City action exceed $200, the property owner will be billed for the excess. 40.02 A Certificate of Occupancy will not be issued for newly constructed buildings until such bill is paid in full. 40.03 On or before September 1 of each year, the City Clerk shall list the total unpaid charges for monitoring and removal of rubbish, debris and /or excess construction materials against each separate lot or parcel to which they are page two attributable under this ordinance. The council may then spread the assessment charges against the property benefited as a special assessment under Minnesota Statutes, Section 429.101 and other pertinent statutes for certification to the County Auditor and collection along with the current taxes the following year. 30.04 A $15.00 Final Site Inspection Charge shall be retained by the City. SECTION 5. PENALTY. Any person who violates, disobeys, omits, neglects or refuses to comply with the provisions of this ordinance shall be guilty of a petty misdemeanor and upon conviction shall be punished as defined by State Statute. Adopted by this City Council this day of April, 1991. ATTEST: Mayor Clerk /Administrator