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HomeMy WebLinkAbout1990-11-07 Minutes Pursuant to due call and notice thereof the Planning and Zoning Commission of the City of Centerville held a public hearing on Wednesday, November 7, 1990 at the City Hall. The purpose was to hear all persons present regarding a request for a lot split and to develop for residential purposes outside the Urban Service Area on a Rural Residential parcel which is less than ten (10) acres. Acting Chairperson Welk called the public hearing to order at 7:03 p.m. Present: Wilharber, Drilling, Vermeulen, Council Liaison Buckbee. Absent: Tourville. Acting Chairperson Welk summarized the variance request to members of the audience. James Carlson, 7389 Mill Road, was present. Mr. Carlson expressed opposition to the lot split, Air. Carlson would like to see the rural flavor of the northern part of Centerville retained. Mr. Carlson felt that if the Planning and Zoning Commission were to grant this lot split it would set a precedent, and other persons owning ten acres or less could then request the same. Mr. Carlson also expressed environmental concerns with the drain field being close to Clearwater Creek and Peltier Lake and possible ground water contamination. He also expressed concern with the runoff that might be created. Paul Ervin, 7425 Peltier Lake Drive, Lino Lakes, was present. Mr. Ervin also expressed concern over a precedent being set. He likes the rural flavor of Centerville and Lino Lakes in that area. Mr. Ervin also expressed concern about a drain field being located close to a lake. Acting Chairperson Welk closed the public hearing at 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 Wednesday, November 7, 1990 at the City Hall. The purpose was to hear all persons present regarding the possibility of amending Ordinance #4, Table B - District Regulations to allow storage sheds (up to 200 square feet) to be located ten (10) feet versus the present twenty -five (25) setback requirement from the rear property line, except in easement areas. Acting Chairperson Welk called the hearing to order at 7:09 p.m. Acting Chairperson Welk summarized the proposed amendment to Ordinance #4 to members of the audience. There were no comments made by members of the Planning and Zoning Commission or audience. Acting Chairperson Welk closed the public hearing at 7:10 p.m. Pursuant to due call and notice thereof the Planning and Zoning Commission of the City of Centerville held their regular scheduled meeting Wednesday, November 7, 1990 at the City Hall. Acting Chairperson Welk called the meeting to order at 7:10 p.m. Meeting Minutes - P & Z November 7, 1990 page two Motion by Vermeulen, second by Drilling to approve the August 7, 1990 meeting minutes, Aye: Welk, Vermeulen, Drilling; Abstain: Wilharber, motion carried. The approval of the September 4, 1990 meeting minutes was tabled until the next regular meeting. Motion by Wilharber, second by Vermeulen to approve the October 2, 1990 meeting minutes, motion carried unanimously. NEW BUSINESS Request for a lot split and to develop for residential purposes_ outside the Urban Service Area on a Rural Residential parcel which is less than ten (10) acres. Lynda Hentges Peterson, 7397 Mill Road, was present. Ms. Peterson explained to the Planning and Zoning Commission that her intent is to sub - divide her four acre parcel and sell one acre with her present home and build a retirement home of 1,800 square feet on the remaining three acres. Ms. Peterson expressed that her taxes have increased 121.6% over last eight years, and she can no longer afford to live in the area M. Peterson stressed that this would not be a development. The sewer contractor took soil samples and prepared a comprehensive sewer plan. Ms. Peterson stated that if by agreeing to have the drain field pumped every four months would increase her chances of having her request approved, she would do so. The present driveway would have to be an easement, but this would be worked out with a surveyor. Ms. Peterson also noted that the Carlson's drain field is located on her property. Mr. Carlson stated that his drain field is on Ms. Peterson's. property. They have worked out agreement, and Ms. Peterson has allowed the encroachment, and he pays .$1 per year for the lease of the land. Mr. Erivn noted that in Lino Lakes the setback for lakeshore homes follows the DNR guide line of 200 feet. Ms. Peterson questioned how soon the sewer would be extended to the northern part of the City. She would like to build a smaller home and continue to live here. Commission member Wilharber expressed concern over a precedent being established. There are many properties in the City, that if this variance was approved, could request the same, It would be hard to justify the denial to others. If the property owner petitioned for sewer and would pay for the sewer extension this would be different. • • Meeting Minutes - F & Z November 7, 1990 page three Commission member Vermeulen expressed agreement with Commission member Wilharber's comments. She also felt that since the neighbors have voiced opposition this should also be considered. Commission member Wilharber asked that City Staff check on the setback requirements of the DNR versus the City setback requirements. Acting Chairperson Welk felt that nothing unique exists and it would be hard to justify. If the lot split was approved it could cause problems down the road. Commission member Drilling stated that granting the lot split would set a precedent. Ms. Peterson noted that she had a variance before to have a horse, and that certain guidelines were set. She asked the Planning and Zoning if they could set strict guidelines that she would follow, but that would discourage others from requesting the same. She felt she was not like most people, since she would only want the lot split to build a home for herself and her son to live in. Commission member Wilharber expressed that a horse is different than a home. A horse will usually go with the owner if they moved, but a house could be there forever. The guidelines would be hard to control with the possibility of different home owners. Ms. Peterson expressed that since there is creative financing, couldn't there also be creative variances. Council liaison Buckbee questioned if Ms, Peterson's variance request could be justified /denied under the criteria that must be met to allow a variance. The Planning and Zoning Commission reviewed the follewina sections of Ordinance #4 and made comment: Section 65.03 - - There is no special conditions and circumstances which are peculiar to the land, structure or building involved that would not result from the action of the petitioner; Section 65.03 -2 - Literal interpretation of the provision of this ordinance would not deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of the ordinance; Section 65.03 -3 - Granting of the variance requested will confer on the applicant special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; Meeting Minutes - P & Z November 7, 1990 page four Section 65.03 -4 - The proposed variance could impair the public health of the residents of the City from the possibility of ground water contamination and runoff • into the lake. • • Council liaison Buckbee expressed to Ms. Peterson that they would like to help her. It is hard to say no, but the regulations in the Ordinance do not seem to allow for her request to be approved. Ms. Peterson asked if the following would be possible: - To be allowed to split her lot; Sell her home on the one acre; - Move to another home retaining the remaining three acres; - Build another home on the remaining three acres when City sewer is extended to that area. Tamara Miltz- Miller, Clerk /Administrator, was present. Ms. Miltz- Miller stated that this would still require variance and would have to be justified. Mr. Carlson felt that this request would still be close to setting a precedent for other land owners. Other land owners could sell their homes on one acre lots, and sit back and wait for sewer to come in and develop later. Commission member Vermeulen asked Ms. Peterson if she had spoken with the County Assessor's office if she felt she was being unfairly taxed. Ms. Peterson stated that she had spoken to the County Assessor and that her taxes did not appear to be out of line. She felt that by asking the County Assessor out to inspect her home would be asking for trouble. Motion by Drilling, second by Wilharber to recommend to the City Council the denial of Lynda Hentges Peterson request for a lot split and to develop for residential purposes outside of the Urban Service Area on a Rural Residential parcel which is less that ten (10) acres citing the following: Ordinance #4 Section 65.03 -1 - There is no special conditions and circumstances which are peculiar to the land, structure or building involved that would not result from the action of the petitioner; Section 65.03 -2 - Literal interpretation of the provision of this ordinance would not deprive the petitioner of rights commonly enjoyed by other properties in the same Meeting Minutes - P & Z November 7, 1990 page five district under the terms of the ordinance; Section 65.03 -3 - Granting of the variance requested will confer on the applicant special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; Section 65.03 - 4 - The proposed variance could impair the public health of the residents of the City from the possibility of ground water contamination and runoff into the lake. motion carried unanimously. Logo Committee Representative Commission member Vermeulen volunteered to serve as the Planning and Zoning Commission's representative on the Logo Committee. OLD BUSTNESS Poo ib il; v o a m nding Ordinance #4, Table B - Distrit Regulations to allow storage sheds (up to 200 square feet) to be located ten (10) f .t v rsus .he b a k requirement from the rear property line. except in easement. areas. Motion by Drilling, second by Vermeulen to recommend to the City Council to amend Ordinance #4, Table B - District Regulations to allow storage sheds (up to 200 square feet) to be located ten (10) feet versus the present twenty -five (25) setback requirement from the rear property line, except in easement areas, motion carried unanimously. Possibility of Amending Ordinance *4. Section 34.10 MAJOR RECREATION .Q T MENT Motion by Vermeulen, second by Wilharber to recommend to the City Council to amend Ordinance #4, Section 34,10 MAJOR RECREATION EQUIPMENT as follows: NOW READ: MAJOR RECREATIONAL EQUIPMENT. No boat,.boat trailer, travel trailer, pick -up camper or coach designed to be mounted on a motor vehicle, motorized dwelling, tent trailer, or similar major recreation equipment, and no case or box used for transporting such equipment shall be parked or stored for more than seven (7) days on any lot in a residential district except in a carport or enclosed building or in a side or rear yard. No point of any such equipment shall be located within three (3) feet of the rear or side lot line except when parking in an established driveway and in no case shall any point be closer than ten (10) feet from the living quarters of a residence on Meeting Minutes - P & Z November 7, 1990 page six such t adjoining property. No �.ich equihmen. shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use. AMEND TO READ: MAJOR RECREATIONAL EQUIPMENT. No boat,boat trailer, travel trailer, pick -up camper or coach designed to be mounted on a motor vehicle, motorized dwelling, tent trailer, or similar major recreation equipment, and no case or box used for transporting such equipment shall be parked or stored for more than seven (7) days on any lot in a residential district except in a carport or enclosed building or in a side or rear yard. No point of any such equipment shall be located within three (3) feet of the rear or side lot line except when parking in an established driveway and in no case shall any point be closer than ten (10) feet from the living quarters of a residence on adjoining property. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use. Residents may apply to the Clerk /Administrator for a Temporary Parking and Occupancy Permit for one recreational vehicle per residential parcel for a maximum of a fourteen (14) day period in any one year, if such parking and occupancy otherwise complies herewith. Any such occupancy as stated in this paragraph shall be only for noncommercial use with no fee paid to the landowner, occupant or renter. Upon investigation of the site the Clerk /Administrator shall notify the applicant within (10) days of receipt of the application, the decision to deny /approve the request. Extensions or appeals may be heard by the City Council. The Temporary Parking and Occupancy Permit fee shall be determined annually by the City Council. motion carried unanimously. Meeting Minutes - P & Z November 7, 1990 page seven NEW BUSINESS Richard DeFoe - Townhouse Proposal - Special Use Permit Richard DeFoe, developer of the proposed townhomes, was present. Mr. DeFoe stated that he has a signed purchased agreement with the current owners, contingent upon his ability to develop townhomes and a restaurant /bar or 100% townhomes. Mr. DeFoe stated that he is looking to see if the Planning and Zoning Commission would be in favor of the concept of townhomes located near the Waterworks bar. His proposed townhomes would consist of approximately forty (40) units. Commission member Drilling questioned if the units would be rental properties. Mr. DeFoe stated that they would be sold individually. Commission member Wilharber noted that there appears to be approximately 6.71 total acres. Mr. DeFoe stated that there is 6.71 total acres which is presently a ballfield. If the bar is included there would be approximately 9 acres. Commission member Drilling asked Mr. DeFoe what type of townhomes he was proposing. • Mr. DeFoe stated that they would be a combination of two story and single units. The approximate square footage would be 1,500 to 2,300 square feet. There would attached 2 or 3 car garages. Commission member Wilharber questioned if Mr. DeFoe would petition for municipal water. Mr. DeFoe stated that this has not yet been determined. Commission member Wilharber asked Mr. DeFoe if he was aware that on his concept sketch plan the street for the proposed development was off a private road (LaValle Drive). Mr. DeFoe noted that a lot of details needed to be taken care of. Tamara Miltz- Miller, Clerk /Administrator, was present. Ms. Miltz- Miller noted that the ballfield is currently zoned R -2 which is the only zoning district that allows for multi - family dwellings contingent upon the approval of a Special Use Permit. The bar is currently zoned commercial. Meeting Minutes - P & Z November 7, 1990 page eight Acting Chairperson Welk asked what the appropriate density for that parcel of land would be. Mr. DeFoe stated that this is purely conceptual. He would like to know what the Planning and Zoning Commission would like. Commission member Vermeulen asked if there were any examples of similar townhouses in the area. Mr. DeFoe expressed that there is nothing similar in the area. The Pratt Development in White Bear Lake and Burnsville would be similar. Commission member Vermeulen asked as to what the price range would be for the proposed townhomes. Mr. DeFoe noted that the price range of $150,000 would be in the ball park. Commission member Vermeulen asked how many bedrooms the proposed townhomes would consist of. Mr. Defoe noted that they would consist of 2 -3 bedrooms. Commission member Wilharber questioned if the proposed development would have adequate fire protection, having only one entrance. Mr. DeFoe stated that there would be an emergency access provided. He was just present for an informal yea /nay of the concept. Commission member Wilharber noted that with the City's current water ordinance, municipal water would be required to be extended to the proposed development. Mr. Wilharber questioned as to how the extension of water would be financed. Ms. Miltz- Miller suggested to the Planning and Zoning Commission that they could recommend to the City Council that they investigate the possibilities of extension of municipal water to the site. Commission member Drilling stated that he would need to be convinced that this would be good for the City, he is personally not in favor of townhomes in this area of the City. Commission member Wilharber stated that he had no problem with the concept. The number of units proposed seemed heavy. The parcel is already zoned appropriately. Meeting Minutes - P & Z November 7, 1990 page nine Commission member Vermeulen stated that she liked the concept, but the extension of municipal water would have to be investigated. Mr. DeFoe noted that if the City requires the extension of municipal water, he would request financial assistance from the City through Tax Increment Financing. Acting Chairperson Welk noted that the concept appeared to be acceptable. This would be a nice site for townhomes, it would be a far bigger asset to the City than its present use. Mr. DeFoe asked the Commission what their major concerns were, and the things they would like to see happen. Commission member Welk noted that she would like to see recreational facilities incorporated into the area for those people, i.e. tennis courts; a nice landscape design; the road access would need to be addressed with Anoka County. Motion by Vermeulen, second by Wilharber to recommend to the City Council that they approve the preliminary concept of townhouses near the Waterworks bar contingent upon the investigation of the extension of municipal water, Aye - Welk, Vermeulen, Wilharber; Nay - Drilling, motion carried. OLD BUSINESS Er_entinary_aat_Batelumacniat Motion by Wilharber, second by Vermeulen to table the Preliminary Plat Review Checklist until their next regular meeting, motion carried unanimously. ADJOURN Motion by Wilharber, second by Vermeulen to adjourn the meeting, motion carried unanimously. Meeting adjourned 9:04 p.m. Respectfully submitted, Sanna E. Buckbee Assistant City Clerk