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HomeMy WebLinkAbout2004-09-07 P & Z CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION SEPTEMBER 7, 2004 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on September 7, 2004, at 6:30 p. m. PRESENT: Michelle Lakso Brian Hanson Tom Wilharber Jennefer Klennert Hunt Jeff Hanzal ABSENT: None COUNCIL: Linda Broussard Vickers STAFF: Mr. Palzer I. CALL TO ORDER 1.Roll Call The meeting was called to order at 6:30 p.m. II. APPEARANCES 1. John Thill, 1375 Mound Trail (Preliminary Request for Variance) Mr. Thill addressed the Commission and explained his desire to add onto his home and the fact that he would need a variance from the front yard setback to do so. The Commission discussed the matter and informed Mr. Thill that Members would need to review the plans provided and determine whether hardship could be established or whether there would be an alternative way to be able to add onto the home without the requirement for a variance. III. PUBLIC HEARING(S) 1. Shonagh Boyle/Richard S. Carlson – Lot Split/Lot Combination Chair Hanson opened the public hearing at 6:43 p.m. Page 1 of 8 Planning and Zoning Commission Meeting Minutes September 1, 2004 Mr. Carlson addressed the Commission and explained his lot split/lot combination request. Chair Hanson asked whether there would be any issues with attaching this parcel to the second phase of Hunter’s Crossing. Council Liaison Broussard Vickers explained that the lots in those locations would need to be rezoned as they are not ten acres and are currently zoned R1. Motion by Commissioner Lakso, seconded by Commissioner Klennert Hunt to close the public hearing. All in favor. Motion carried unanimously. The Commission discussed the matter and agreed that they saw no issues with the request provided that the parcel is rezoned. Motion by Commissioner Lakso, seconded by Commissioner Klennert Hunt to recommend Council approval of the requested lot split/lot combination contingent upon the rezoning. All in favor. Motion carried unanimously. Chair Hanson closed the public hearing at 6:53 p.m. 2. Robert Koran/Richard S. Carlson – Lot Split/Lot Combination Chair Hanson opened the public hearing at 6:54 p.m. Mr. Carlson addressed the Commission and explained his lot split/lot combination request noting that he is giving property to Mr. Koran to allow his pigeon coop to remain in its present location and not have to be moved. The Commission discussed the matter and asked that Mr. Carlson look into running the property line straight rather than as shown on the survey.Mr. Carlson agreed to do so. Motion by Commissioner Klennert Hunt, seconded by Commissioner Lakso to close the public hearing. All in favor. Motion carried unanimously. Chair Hanson closed the public hearing at 7:01 p.m. Motion by Commissioner Hunt, seconded by Commissioner Lakso to recommend Council approval of the requested lot split/lot combination subject to clarification of the survey and research on running the property line all the way to the road easement for Centerville road (straight).All in favor. Motion carried unanimously. 3. Kruger & Boyle Parcels MUSA/Comprehensive Plan Amendment Chair Hanson opened the public hearing at 7:03 p.m. Page 2 of 8 Planning and Zoning Commission Meeting Minutes September 1, 2004 Mr. Carlson addressed the Commission and explained his request noting that he did not intend to immediately build out the property but needs the MUSA approval in order to begin the planning and design work for the site. Mr. Carlson would like to add the parcels to his parcel and into MUSA for 2001 to 2005. Commissioner Wilharber commented that the request is to add a parcel that is 430 feet by 480 feet into the parcel already approved for MUSA. Motion by Commissioner Klennert Hunt, seconded by Commissioner Lakso to close the public hearing. All in favor. Motion carried unanimously. Chair Hanson closed the public hearing at 7:12 p.m. Motion by Commissioner Lakso, seconded by Commissioner Klennert Hunt to recommend Council approval of the requested MUSA/Comprehensive Plan Amendment for 2001 to 2005 contingent upon rezoning of the other parcels. All in favor. Motion carried unanimously. 4. Mr. Cheldon Frank, 1597 Peltier Lake Drive – Variances to Build Home on Non- Conforming Lot Chair Hanson opened the public hearing at 7:14 p.m. Mr. Frank addressed Council and explained his variance requests noting that this was a previously platted lot and telling the Commission that he has worked very hard to have a home designed that required as few variances as possible on this nonconforming lot. Commissioner Hanzal expressed concern with the potential for drainage issues due to the steep drop off and recommended checking the pitch of the roof and making gutters mandatory. Mr. Palzer informed Mr. Frank that the home plan shows patio doors which leads him to believe that there is a plan for a future deck. He then said that Mr. Frank, if the home is approved and built, would be at .7 feet from the 75 foot setback requirement necessitating another variance and approval by Rice Creek should he wish to build a deck. He further suggested that the applicant reconfigure or shorten the home to accommodate the future deck. Council Liaison Broussard Vickers cautioned Mr. Frank that the variances being requested are not of his own doing but the situation would be different when asking for a variance for the deck because he will have built the home in that location causing the issue. Mr. Frank commented that he would worry about a future variance at that time and said he feels he would be entitled to the variance because properties around his are closer to the lake than the 75 feet. Page 3 of 8 Planning and Zoning Commission Meeting Minutes September 1, 2004 Motion by Commissioner Klennert Hunt, seconded by Commissioner Lakso to close the public hearing. All in favor. Motion carried unanimously. Chair Hanson closed the public hearing at 7:21 p.m. Commissioner Klennert Hunt expressed concern with the front yard setback variance as one was previously discussed and the applicant was told it more than likely would not be possible. She then asked whether the home could be shifted or reconfigured so that a front yard variance would not be required. Commissioner Lakso expressed concern with the front yard setback in addition to the other two variances and said it worries her with regard to the number of variances required just to build on this lot. Chair Hanson commented that the applicant needs to meet the minimum building size requirement of 1,050 square foot footprint. Mr. Palzer explained that there is an exception to the 1,050 square feet requirement provided the finished square footage is at least 1600. He then pointed out that this home will be two feet higher at the foundation than the one next to it and that may affect drainage. Council Liaison Broussard Vickers indicated that drainage would be handled during the building permit stage. Mr. Palzer indicated there are no drainage easements on this property so the City cannot require that drainage be routed to a drainage easement. He then suggested that any recommendation for approval include requirements for drainage along the property line. Motion by Commissioner Wilharber, seconded by Commissioner Hanzal to recommend Council approval of the requested variances. All in favor. Motion carried unanimously. Mr. Palzer indicated he would work with the property owner on the drainage situation. 5. Mr. Dennis Shudy/Rehbein Properties Lot Split/Lot Combination Chair Hanson opened the public hearing at 7:36 p.m. Mr. Shudy addressed the Commission and explained his request noting that the purpose behind it is to allow him to push his site plan back and leave a tree line in the front for screening. Motion by Commissioner Klennert Hunt, seconded by Commissioner Lakso to close the public hearing. All in favor. Motion carried unanimously. Page 4 of 8 Planning and Zoning Commission Meeting Minutes September 1, 2004 Chair Hanson closed the public hearing at 7:40 p.m. Motion by Commissioner Wilharber, seconded by Commissioner Klennert Hunt to recommend approval of the requested lot split/lot combination. All in favor. Motion carried unanimously. Chair Hanson closed the public hearing at 7:41 p.m. 6. Mr. Dennis Shudy/Ms. Colleen Carpenter Lot Split Chair Hanson opened the public hearing at 7:41 p.m. Mr. Shudy addressed the Commission and explained his request. Council Liaison Broussard Vickers noted that this would create a nonconforming lot until it is combined with something else. Motion by Commissioner Wilharber, seconded by Commissioner Klennert Hunt to close the public hearing. All in favor. Motion carried unanimously. Chair Hanson closed the public hearing at 7:43 p.m. Chair Hanson commented that while this creates a nonconforming lot he has heard that it will be temporary and it will be combined with another piece of property. Commissioner Wilharber indicated that this would take care of a longstanding issue for the City. Motion by Commissioner Wilharber, seconded by Commissioner Hanzal to recommend Council approval of the requested lot split. All in favor. Motion carried unanimously. th 7. Mr. Ray Olson, 6805 – 20 Avenue South – Special Use Permit Chair Hanson opened the public hearing at 7:44 p.m. Mr. Olson addressed the Commission and explained that he had received a letter from the City indicating that he was in violation and he has come to seek a temporary special use permit in order to be allowed to continue his existing operation. He then noted that he started with 24 trailers, is down to 16 and intends to be down to 12 by January 1, 2005. Mr. Palzer pointed out that the property is zoned industrial on the zoning map but the comprehensive plan dictates that it is commercial and special use permits are not allowed in commercial zoning. Page 5 of 8 Planning and Zoning Commission Meeting Minutes September 1, 2004 Mr. Shudy indicated that he is a neighbor to this property and the property is well kept for this type of operation. The Commission discussed the matter and agreed that the use should be allowed to continue provided that the zoning issues are resolved. Council Liaison Broussard Vickers suggested discussing the matter with the City Attorney for clarification. Motion by Commissioner Hanzal, seconded by Commissioner Lakso to close the public hearing. All in favor. Motion carried unanimously. Motion by Chair Hanson, seconded by Commissioner to recommend Council approval of the special use permit pending determination of the zoning of the property. All in favor. Motion carried unanimously. IV. OLD BUSINESS None. V. NEW BUSINESS 1. Ordinance Review The Commission discussed Staff’s recommendation to combine Ordinances 6, 6A, 50 and 54 and agreed. The Commission asked Staff to provide a draft for review at the next meeting. The Commission discussed the recommendation on Ordinance #4 and agreed. The Commission discussed the recommendation discussed the recommendation on Ordinance #39 and agreed to insert the City rather than Building Official. Motion by Chair Hanson, seconded by Commissioner Lakso to direct Staff to combine Ordinances 6, 6A, 50 and 54, make the change to Ordinance #4 as discussed, and make the change to Ordinance #39. All in favor. Motion carried unanimously. 2. Rezone Request Mr. Richmond Evans, 6716 Centerville Road (From R-1 to R-2) The Commission briefly discussed this matter and noted it would be heard before Council at its next meeting. Page 6 of 8 Planning and Zoning Commission Meeting Minutes September 1, 2004 Motion by Commissioner Klennert Hunt, seconded by Commissioner Hanzal to recommend Council approval of the rezoning of the Evans property from R1 to R2. All in favor. Motion carried unanimously. VI. DISCUSSION ITEMS Chair Hanson expressed concern with the amount of fill that is being brought onto the th property at the corner of 20 Avenue and Center Street. He then explained that there has been a lot of soil work and he is concerned that more dirt has been brought in than allowed by the permits received. He further commented that he has received some resident comments concerning the potential for issues with drainage in the spring because of the height increase on the property. The Commission discussed the matter and Mr. Palzer indicated he could inform Mr. Drilling that he is over the amount of dirt allowed by his permits but, Mr. Drilling has the ability to obtain another permit. He then said that if Mr. Drilling goes over a certain amount of dirt engineering information is required. The Commission asked whether a formal written complaint on the property had been filed with the City. Chair Hanson indicated that there have been phone calls only that he is aware of. Council Liaison Broussard Vickers noted that Staff does not deal with complaints unless they are submitted in writing. Commissioner Wilharber asked whether anyone is taking pictures of the site as proof of what is occurring. He then said that he would be willing to look at controlling this type of situation by ordinance. Chair Hanson commented that Mr. Drilling may be in violation of federal law if he did not pull a permit and there is no erosion control in place that he has seen. Council Liaison Broussard Vickers suggested someone contact the Rice Creek Commissioner that lives on Birch Street and Centerville Road to discuss the matter. VII. CONSIDERATION OF MINUTES 1. July 6, 2004 Planning and Zoning Meeting Minutes Motion by Commissioner Wilharber, seconded by Commissioner Hanzal to approve the Minutes of July 6, 2004, as presented. All in favor. Motion carried unanimously. Commissioner Klennert Hunt abstained from voting on the Minutes. Page 7 of 8 Planning and Zoning Commission Meeting Minutes September 1, 2004 VIII. ADJOURNMENT Motion by Commissioner Wilharber, seconded by Commissioner Klennert Hunt to Adjourn the September 7, 2004 Planning Commission Meeting at 8:31 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 8 of 8