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HomeMy WebLinkAbout2004-07-06 P & Z CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION JULY 6, 2004 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on July 6, 2004, at 6:30 p. m. PRESENT: Michelle Lakso Brian Hanson Tom Wilharber ABSENT: Jennefer Klennert Hunt COUNCIL: Linda Broussard Vickers STAFF: Mr. Moore-Sykes I. CALL TO ORDER 1.Roll Call The meeting was called to order at 6:36 p.m. II. PUBLIC HEARING(S) 1. Centerville Redi-Mix, Mr. Dennis Shudy (Site Plan Review) Chair Hanson opened the public hearing at 6:38 p.m. Chair Hanson asked for information on ponding as it was not provided. Mr. Shudy provided the ponding information to the Commission. Chair Hanson asked if all offices were on the first floor. Mr. Shudy explained that half of the mezzanine is open to the offices below and there is storage over the locker room and break room. Chair Hanson asked if there would be any customers upstairs or anything that would require that it be ADA accessible. Mr. Shudy indicated there would not be any customers on the upper level. Chair Hanson asked whether a grading plan was available. Page 1 of 5 Planning and Zoning Commission July 6, 2004 Meeting Minutes Mr. Shudy provided the drawing to the Commission. Council Liaison Broussard Vickers advised that the City is looking at requiring that dumpsters be more enclosed than the current requirement and asked that he consider that at the time of construction. Motion by Commissioner Wilharber, seconded by Commissioner Lakso to close the public hearing. All in favor. Motion carried unanimously. Chair Hanson commented that he likes the plan and feels it will be a nice addition to the City. He then agreed that the dumpsters should be screened. Motion by Commissioner Lakso, seconded by Commissioner Wilharber to recommend Council approval of the proposed site plan. All in favor. Motion carried unanimously. Chair Hanson noted this matter would be on Council’s agenda on July 14, 2004. III. APPEARANCES 1. Chairperson Hanson Welcoming Jeff Hanzal to the Commission Chair Hanson welcomed Mr. Hanzal to the Planning Commission and asked Staff to have the oath of office available for the next meeting. IV. OLD BUSINESS None. V. NEW BUSINESS 1. Mr. Hal Liebel, 7397 Main Street, Request for Letter Mr. Hal Liebel of 7397 Main Street addressed the Commission and explained that he would like to rezone and subdivide his property into two developable lots and eliminate the business that is there now sometime in the future. He then said that the County has asked him to come to the City for a letter indicating it is possible to have two developable lots. Chair Hanson asked where the burial mound is located and whether that affects the ability to subdivide. Mr. Liebel indicated he talked to the Archaeological Society and asked about the requirements and setbacks and was told there are no setbacks as long the mound is not Page 2 of 6 Planning and Zoning Commission July 6, 2004 Meeting Minutes disturbed. He then said that he was told they would prefer a 20 foot setback but could live with a 10 foot minimum. Ms. Moore-Sykes asked if Mr. Liebel had discussed access to those lots with the County. Mr. Liebel indicated that if he does not have access onto Main Street he would be able to access the property through The Shores development. He then indicated it may also be possible to have access onto Mound Trail. Mr. Liebel asked the Commission for a letter that states that without taking into consideration the widening of the road that he does have two developable lots. Chair Hanson indicated he was concerned about the impact of the burial mound on potential development. He then said that he would like to know what the state requirements are. Mr. Liebel indicated that he could obtain further information on the requirements. Council Liaison Broussard Vickers suggested that the City provide a statement that the lot meets the minimum size requirements for two lots but she is not sure that the City can state that the property is buildable. Commissioner Wilharber questioned whether access to the burial site has to be provided through an easement. Commission asked Staff to supply the information that it meets requirements and is eligible for rezoning. Commissioner Wilharber indicated the Comprehensive Plan would need to be amended and told Mr. Liebel that he would be asked to pay for it. He then said that the property is zoned commercial and the auto body shop would be a nonconforming use and if it were destroyed by something then it could not be rebuilt should the property be rezoned to R- 2. He further commented that he would like to see information in writing from the state as to the requirements concerning the burial mound and whether an access easement would be required. Mr. Liebel indicated that an access easement could be provided if it is necessary. Mr. Jeff Nottum of 7238 Main Street indicated he lived in St. Paul for a few years and Mounds Park has huge mounds and they brought the walking paths pretty close to them so he does not feel there would be an issue with developing and providing access to them. Council Liaison Broussard Vickers recommended stating that the rezoning is subject to final approval of the Bureau of Indian Affairs or whomever has jurisdiction over the burial mound to ensure that the requirements are met. Page 3 of 6 Planning and Zoning Commission July 6, 2004 Meeting Minutes 2. Mr. Peter Despen of 1688 Heritage Street Peter Despen of 1688 Heritage addressed the Commission and indicated he was told by Staff that he could only build a 20 x 20 garage and he would like to build a 26 x 28. He then said he has a half acre lot and letters from the neighbors indicating they do not have an issue with it. The Commission discussed his request and informed him that in order to grant a variance he would need to meet the hardship requirements and they do not see that he would meet them. Mr. Despen said he feels that the fact that the neighbors do not care should be taken into consideration. He then commented that he feels it is discriminatory that swimming pools can be half the size of the back yard but a garage is limited to 2%. 3. Mr. Jeff Nottum of 7238 Main Street Mr. Jeff Nottum addressed the Commission and explained that he has the option of purchasing 75 feet of property to add to his and then he would have 118 feet plus 75 feet and asked whether he would have enough square footage for two lots. The Commission discussed the request and suggested that Mr. Nottum meet with Mr. Palzer to determine how his property fits within the ordinance requirements. 4. Mr. Sheldon Frank Mr. Sheldon Frank of 7313 Old Mill Road addressed the Commission and indicated he is interested in purchasing a lot on Peltier Lake Drive and he has been told that the lot does not meet City lot size requirements. He then asked whether he would be allowed to build on the property or whether he would need a variance. Chair Hanson recommended checking with the DNR for setback requirements from the Lake. Council Liaison Broussard Vickers recommended contacting Mr. Palzer to determine how the ordinance would apply to that particular lot. She then said that she does not think the City can prevent someone from building on a previously platted lot but, it would be nonconforming and that may cause an issue for someone getting a mortgage because, if it were destroyed, it could not be rebuilt. VI. DISCUSSION ITEMS 1. Ordinance #4 – New Format Ms. Moore-Sykes reviewed the memo from City Attorney Hoeft and noted that it is his recommendation that the City does not need to make any changes to Ordinance #4 Page 4 of 6 Planning and Zoning Commission July 6, 2004 Meeting Minutes concerning the slaughterhouse. She then explained that anyone coming in would need 10 acres and would have to apply for a conditional use permit so the City has the ability to control the use. Ms. Moore-Sykes indicated that the moratorium will expire and no action is necessary by the City. Council Liaison Broussard Vickers asked the Commission to choose some of the more straight forward changes and move them through. The Commission discussed having the public hearing at Council level to save time. Commissioner Wilharber indicated that he would like to see it again to avoid the possibility of missing something. Council Liaison Broussard Vickers indicated that she had provided wording from Jeff Paar to Chair Hanson for consideration. Chair Hanson read the proposed wording concerning changes in the drainage language in Ordinance #4. He then said that he does not feel that the City should get involved in this at all. Council Liaison Broussard Vickers asked the Commission to discuss the request when all members are available for comment. VII. CONSIDERATION OF MINUTES 1. June 1, 2004 Planning and Zoning Meeting Minutes Chair Hanson asked for an update on ATVs and snowmobiles. Ms. Moore- Sykes indicated that Staff had not provided one to her. She then agreed to look into it and provide that at the next meeting. Motion by Commissioner Wilharber, seconded by Commissioner Lakso to approve the Minutes of June 1, 2004, as presented. All in favor. Motion carried unanimously. VIII. ADJOURNMENT Motion by Commissioner Wilharber, seconded by Commissioner Lakso to adjourn the July 6, 2004 Planning Commission Meeting at 8:00 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary Page 5 of 6 Planning and Zoning Commission July 6, 2004 Meeting Minutes TimeSaver Off Site Secretarial, Inc. Page 6 of 6