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HomeMy WebLinkAbout2004-04-06 P & Z CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION APRIL 6, 2004 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on April 6, 2004, at 6:30 p. m. PRESENT: Chairperson Brian Hanson John McLean Jennefer KlennertHunt Michelle Lakso TomWilharber ABSENT: None. COUNCIL: Linda Broussard Vickers STAFF: Ms.Bender I. CALLTOORDER 1.Roll Call The meeting was called to order at 6:30 p.m. II. PUBLICHEARING(S) 1.Lot Combination Request Submittedby Mr. and Mrs. Douglas Chesnut Chair Hanson opened the public hearing at 6:35 p.m. The Commission discussed the request. Motion by Commissioner Wilharber, seconded by Commissioner Klennert Hunt to close the public hearing. All in favor. Motion carried unanimously. The public hearing was closed at 6:37 p.m. Motion by Commissioner Wilharber,seconded by Commissioner Lakso to recommend approval of the lot combinationas requested. All in favor. Motion carried unanimously. Page 1 of 6 Planning& Zoning Commission April 6, 2004 Meeting Minutes Street Vacation/Easement Submitted by Mr. Clay Alcock (Mill Road 2. th Extension/8 Street) Chair Hanson opened the public hearing at 6:38 p.m. Ms. Jennifer Smith representing Mr. Alcock explained that the issue before the City is whether to approve of the street vacation and not how the property will be divided. Commissioner Wilharber commented that by state law it is a 50/50 split of the land. Mr. Larry Perron of 1798 Main Street explained that there are three pieces of land because he owns two parcels. He then said that he is not necessarily for the vacation because it compromises the access to his garage because of the design and layout of the house and garage. Commissioner Klennert Hunt asked if the additional piece of land would be landlocked. Mr. Perron indicated that there is the potential that it would be a landlocked parcel. Ms. Smith indicated it is her understanding that you go back and look at who owned the property when it was platted. She then said that it is their contention that the second parcel owned by Mr. Perron is outside of the plat and does not play a part at all in how the vacated property is divided. Ms. Linda Broussard Vickers of 6756 Centerville Road commented that the Commission is only looking at whether the City has any use for the parcel for a possible future street extension. Commissioner Wilharber asked if the City would be liable for not allowing access that previously existed. Ms. Smith commented that there is Minnesota case law and Attorney General opinions that state that when looking at a vacation a city must look only at the public interest and not private interest. Commissioner Wilharber said he is concerned that the City could cause an issue by precluding a person from using an area that they have been using for years. Council Liaison Broussard Vickers indicated the City Attorney has reviewed the matter and did not express concern over the vacation. Chair Hanson commented that the City is notgoing to extend that road and it is currently a dead end for two pieces of property so he does not see any issues for the City. Page 2 of 6 Planning& Zoning Commission April 6, 2004 Meeting Minutes Mr. Perron indicated he would like the Commission to hold off on making a decision on the vacation until he knows how the property would be split. Chair Hanson indicated the Commission needed to make a recommendation and pass the matter along to Council. Motion by Commissioner Klennert Hunt, seconded by Commissioner Lakso to close the public hearing. All in favor. Motion carried unanimously. The public hearing was closed at 6:51 p.m. Chair Hanson asked whether the City plows the street. Mr. Perron indicated that the City does not plow it. Commissioner Wilharber indicated he would not be voting to recommendapproval of the vacation because he would like further information from legal counsel as to whether that other parcel of land would be landlocked and whether that creates liability for the City. Motion by Chair Hanson, seconded by Commissioner Lakso to recommend approval of the street vacation as requested pending final review and approval by the City Attorney as to whether there are any legal issues for the City. Ayes – 4, Nays – 1(Wilharber). Motion carried. 3.Rezone/Comprehensive Plan Amendment Request Submitted by Mr. Dennis Shudy (Cedar Street Park) Chair Hanson opened the public hearing at 6:55 p.m. Mr. Dennis Shudy indicated he is purchasing the property from the City and he would like to have the property rezoned to industrial. Motion by Commissioner Wilharber, seconded by Commissioner McLean to close the public hearing. All in favor. Motion carried unanimously. The public hearing was closed at 6:57 p.m. Motion by Commissioner McLean, seconded by Commissioner Lakso to recommend approval of the rezone/comprehensive plan amendment as requested. All in favor. Motion carried unanimously. 4.Lot Splits/Lot Combination Requests Submitted by KCR Investments & Mr. and nd Mrs. Keith Kruger (Hunter’s Crossing 2 Addition Phase 2 and 6719 Centerville Road) Chair Hanson opened the public hearing at 7:00 p.m. Page 3 of 6 Planning& Zoning Commission April 6, 2004 Meeting Minutes Mr. Rick Carlson explained that he and Mr. Kruger have worked out an agreement to deed over property to allow the garage and driveway to Mr. Kruger and Mr. Kruger will deed property to him which would allow himto recover lots lost by deeding the 35 foot wide strip of property to Mr. Kruger. Mr. Carlson mentioned that Mr. Koran has an auxiliary building that is encroaching and he is willing to give Mr. Koran a strip of land so that he does not have to move his building but Mr. Koran will be responsible forthe costs to split the lot and combine it with his. Motion by Commissioner Lakso, seconded by Commissioner Klennert Hunt to close the public hearing. All in favor. Motion carried unanimously. The public hearing was closed at 7:09 p.m. Motion by Commissioner Klennert Hunt, seconded by Commissioner McLean to recommend approval of the lot split combination as requested. All in favor. Motion carried unanimously. III. APPEARANCES None. IV. OLD BUSINESS None. V. NEW BUSINESS 1.Lot Split Requests Submitted by Mr. Richard Davidson (1337 Mound Trail) Public Hearing at Council Level Council Liaison Broussard Vickers indicated the City would need fire department approval for access to the lake homes on the roadway easement. Commissioner Wilharber asked how lot one would be serviced by sewer. Ms. Bender indicated that the sewer line is along the lake and the developer would need to provide service to that lot. Commissioner Wilharber asked if the existing home would be removed. The applicant indicated that she believed it would be. Page 4 of 6 Planning& Zoning Commission April 6, 2004 Meeting Minutes Motion by Commissioner Wilharber,seconded by Commissioner Lakso to recommend approval of the lot split and site plan review as requested and to recommend approval of a temporary variance for the existing home contingent upon approval of the road access by the Fire Department and approval from public works on the sewer connections. Chair Hanson requested a friendly amendmentto make the recommendation contingent on final approval of the road access from the fire department and public works for sewer service to lot one. The Motion and Second agreed to the friendly amendment. 2.Dave Brown Pool Fence Height Mr. Brown provided information to the Commission on research he had done concerning the height of pool fences in the surrounding communities. The majority of cities have their pool fence height at four feet with a few at five and Centerville is at six feet. He also indicated that the state building code defers to regulation on pool fences to the Department of Health. The Commission told Mr. Brown they were waiting for an amendment to the State Building Code and intended to match their requirement for fence height. 3.Proposed Amendments to Ordinance #52 – Site Maintenance Fees The Commission discussed the proposed changes and asked Staff to set Ordinance #52 for public hearing along with Ordinance #4. VI. DISCUSSIONITEMS 1.Ordinance #4 – New Format/Steffen Letter on Drainage Easements/Accessory Buildings Ms. Bender indicated that Staff is looking for feedback to the suggested language changes highlighted in the Ordinance. The Commission agreed that nothing above two and a half feet should be allowed in the boulevard for corner lots. They also agreed to the proposed language changes that make the Ordinance easier for Staff to enforce. The Commission discussed pool fence height and agreed to incorporate a change to four feet in height noting that anything more restrictive inthe state building code would automatically require the City to abide by that height requirement. The Commission discussed Mr. Steffen’s letter concerning accessory structures in drainage easements and asked Staff to verify whether structures are allowed provided Page 5 of 6 Planning& Zoning Commission April 6, 2004 Meeting Minutes they do not impede the flow of water and inform him of their findings. They also agreed not to review and treat each instance separately as it would be difficult to determine whether or not a structure would truly be on “high ground” and not impede water flow. VII.CONSIDERATION OF MINUTES 1. February 17, 2004 Planning and Zoning Meeting Minutes Motion by Commissioner Wilharber, seconded by Commissioner Klennert Hunt to approve the Minutes of February 17, 2004, as presented. All in favor. Motion carried unanimously. VIII. ADJOURNMENT Motion by Commissioner Wilharber, seconded by Commissioner McLean to adjourn the April 6, 2004 Planning Commission Meeting at 8:00 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 6 of 6