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Home My WebLink About1989-09-05 Minutes Pursuant to due call and notice thereof, the Planning and Zoning Commission held a public hearing on September 5, 1989, at City Hall. The purpose was to hear all persons present regarding a request for variance from the Side Yard Setback of Ordinance 114, Table B, Schedule of District Regulations, lot and yard requirements to erect a three season porch and attached deck five feet from the north property line of 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. The property address is 7231 Mill Road. Chairman Tourville called the hearing to order at 7:03 p.m. Present: Welk, Lindgren, Drilling. Absent: Vermeulen. Joe Perkowski, owner of the property at 7231 Mill Road, was present. Mr. Perkowski explained that there is an existing deck attached to his home that was constructed four feet into the north side setback. It appears that the deck was built prior to the present setback requirements. He wishes to remove the existing deck and replace it with a three season porch and new deck. His plan would require that he go one foot further into the north side yard setback than his already non - conforming deck, thus requiring a variance for five feet. Mr. Perkowski noted that the neighbor on the north side of his property was 31 feet from that property line, and that his neighbor had no problem with Mr. Perkowski's plan. Mr. Perkowski also noted that due to the design of his home, the north side provided the only location possible for the porch. The fact that his home was constructed fifteen feet from the north side property line at one point and sixteen feet from the north side property line at another point left no extra space between the home and the side yard setback requirement creating special conditions and circumstances. He felt that if he could not construct the porch on the north side of his property he would be denied the privilege of having a porch, something other property owners may be able to have. P & Z Meeting Minutes September 5, 1989 Page Two Motion by Drilling, second by Welk to adjourn public hearing, motion carried unanimously. Hearing adjourned at 7:20 p.m. Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regular meeting on September 5, 1989, at City Hall. Chairman Tourville called the meeting to order at 7:20 p.m. Present: Welk, Lindgren, Drilling, liaison Haberman. Motion by Lindgren, second by Welk to approve the minutes of the August 1. 1989 meeting, motion carried unanimously. Mayor Haberman noted that P & Z had not been charged for any maps in 1989 as questioned in the August 1, 1989 meeting minutes. OLD BUSINESS: Discussion of map overlays. It appeared that the general consensus of the Planning and Zoning Commission was that the map needs of the City of Centerville were well portrayed in the letter from John Stewart, City Engineer, dated August 17, 1989. A copy of this letter is on file with the Clerk /Administrator. It also appeared to be the general consensus of the Commission to wait for development to slow and for the City's Comprehensive Plan to be approved before requesting any new maps be purchased. Meeting recessed at 7:30 p.m. to hold the scheduled public hearing. Pursuant to due call and notice thereof, the Planning and Zoning Commission held a public hearing on September 5, 1989 at City Hall. The purpose was to hear all persons present regarding the possibility of amending Ordinance #4, Table A, Schedule of District Regulations, Permitted and Special Uses, to add Day Care /Nursery for up to 12 children as a permitted principal use in all districts excluding the Commercial and Industrial districts; and to add Day Care /Nursery for 13 or more children as a use permitted on a special use permit in all districts excluding the Commercial and Industrial districts; also defining Day Care /Nursery as a use where care is provided for children for pay. Chairman Tourville called the meeting to order at 7:30 p.m. Present: Welk, Drilling, Lindgren and liaison Haberman. P & Z Meeting Minutes September 5, 1989 Page Three Absent: Vermeulen. No one was present. This matter was discussed by the Planning and Zoning Commission members at the August 1, 1989 Planning and Zoning Commission meeting. Motion by Drilling, second by Welk to adjourn public hearing, motion carried unanimously. Hearing adjourned at 7:32 p.m. Pursuant to due call and notice thereof, the Planning and Zoning Commission held a public hearing on September 5, 1989 at City Hall. The purpose was to hear all persons present regarding a request for variance from the Side Yard Setback of Ordinance #4, Table B, Schedule of District Regulations, lot and yard requirements to erect an attached deck seven feet from the west property line of the property described as follows: Lot 7, Block 4, Centerville Heights. This property address is 1850 Fox Run. Chairman Tourville called the hearing to order at 7 :35 p.m. Present: Welk, Drilling, Lindgren, liaison Haberman. No one was present. Motion by Drilling, second by Welk to adjourn public hearing, motion carried unanimously. Hearing adjourned at 7:40 p.m. The regular Planning and Zoning meeting reconvened at 7:40 p.m. Discussion continued regarding map overlays. Discussion pertained to the scale of map that would be appropriate to have in the office. Motion by Tourville, second by Drilling to table further discussion of map overlays until the October meeting, and to request an opinion from the City Staff regarding what scale of map would be appropriate for their use by the October meeting, motion carried unanimously. Brief discussion of setbacks for detached accessory structures. It was the general consensus of the Planning and Zoning P & Z Meeting Minutes September 5, 1989 Page Four Commission members that the portion of Ordinance #4 dealing with detached accessory buildings did not read well. NEW BUSINESS: Discussion of variance request from the Side Yard Setback to erect a three season porch and attached deck five feet from the north property line at 7231 Mill Road. Commission member Drilling did not feel there were grandfathered rights associated with the construction of the three season porch as it would be constructed after removal of the deck and further into the side yard setback than the original deck. Commission member Welk noted that if the deck were destroyed by fire it could not be replaced. Chairman Tourville questioned the grandfathered rights of an existing non - conforming deck - regarding maintenance and improvements. Motion by Tourville, second by Drilling to table further discussion of the variance request from the Side Yard Setback to erect a three season porch and attached deck five feet from the north property line at 7231 Mill Road until the October 3, 1989 Planning and Zoning meeting; and to request Gunnar Pettersen, City Building Inspector, be present at the October 3, 1989 Planning and Zoning meeting to clarify questions of non- conforming uses, motion carried unanimously. If Mr. Pettersen is not available at that time City Staff will obtain his opinion on this matter. Discussion regarding proposed amendment to Ordinance #4, Table B, Day Care /Nursery. It appeared the general consensus of Commission members Welk, Drilling and Lindgren was that the amendment was acceptable and should be passed as written. Chairman Tourville expressed some concern regarding allowing 12 children in one home without more restrictions, and that maybe the number should be less. He felt it could be disruptive to P & Z Meeting Minutes September 5, 1989 Page Five surrounding neighbors with that many children. Motion by Drilling, second by Welk to recommend to the City Council that Ordinance #4, Table A, Schedule of District Regulations, Permitted and Special Uses be amended to add Day Care /Nursery for up to 12 children as a permitted principal use in all districts excluding the Commercial and Industrial districts; and to add Day Care /Nursery for 13 or more children as a use permitted on a special use permit in all districts excluding the Commercial and Industrial districts; and to also define Day Care /Nursery as a use where care is provided for children for pay; Welk - aye, Drilling - aye, Lindgren - aye, Tourville - nay; motion carried. Discussion of variance request from the Side Yard Setback of Ordinance #4, Table 8, to erect an attached deck seven feet from the west property line at 1850 Fox Run. In the property owner's request for variance, it indicates there may have been some mis- information on the placement of his home when being constructed, thus causing the need for a variance. Motion by Welk, second by Drilling to table further discussion on the variance request from the Side Yard Setback of Ordinance #4, Table B, to erect an attached deck seven feet from the west property line at 1850 Fox Run until the October 3, 1989 Planning and Zoning meeting; and to request that Gunnar Pettersen, City Building Inspector, be present at that meeting to clarify questions the Planning and Zoning Commission members have regarding the placement of the home at 1850 Fox Run; motion carried unanimously. Discussion of the vacancy on the Planning and Zoning Commission. Chairman Tourville thanked Bob Lindgren for his 15 plus years served on the Planning and Zoning Commission. Chairman Tourville also requested the Planning and Zoning Commission members be able to review the applications for the vacancy at the October 3, 1989 Planning and Zoning meeting in order to make a recommendation to the City Council. He noted the Commission would be meeting with only 4 members next month. P & Z Meeting Minutes September 5, 1989 Page Six Discussion of budgeting money for possible codification of ordinances. Mayor Haberman suggested using surplus monies from 1989 for maps or codification as needed. Motion by Lindgren, second by Drilling to adjourn meeting, motion carried unanimously. Meeting adjourned at 8:45 p.m. Respectfully submitted, Debra Gonsior Recorder