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HomeMy WebLinkAbout2003-07-01 P & Z CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION July 1,2003 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on July 1,2003, at 6:30 p. m. Commissioners John McLean and Ray DeVine PRESENT: ABSENT: COUNCIL: None. STAFF: Mr. Paul Palzer, Public Works Director/Building Official I. CALL TO ORDER 1. Roll Call The meeting was called to order at 6:33 p.m. II. PUBLIC HEARING(S) 1. Ordinance #49 - Noise Chair Hanson opened the public hearing at 6:34 p.m. Motion by Chair Hanson, seconded by Commissioner Wilharber to close the public hearin2 and send the Ordinance to Staff for a rewrite. All in favor. Motion carried unanimously. Chair Hanson closed the public hearing at 6:35 p.m. III. APPEARANCES 1. Sedona Homes - Concept Plans (Centerville Office Park) Mr. Paul Kel1ier, 4150 Hilleire Road, White Bear Lake addressed the Commission on behalf of Sedona Homes and reviewed the concept plan for the office townhomes. Page 1 of6 Planning & Zoning Connnission July l, 2003 Meeting Minutes Mr. Kel1ier indicated that Sedona Homes is constructing townhomes in Hugo. He then said that they attempted to respect all City requirements and setbacks but noted they intend to seek a variance from the required 15 parking stalls to 7 stalls. Chair Hanson indicated that vinyl siding is not allowed for commercial developments in the City and then reviewed for Mr. Kel1ier the types of outside building materials allowed. He also questioned whether the two story townhomes would meet ADA requirements. Mr. Kel1ier indicated they would review the City requirements for outside materials and indicated he has been working on the ADA requirements and will be sure that those are met. Chair Hanson asked what types of businesses would be typical for these types of buildings. Mr. Kel1ier indicated that mortgage companies, attorneys and real estate companies are the typical users. Mr. Kel1ier indicated that it may make for nicer flow on the site if they were allowed two entrances. Commissioner Wilharber asked who had determined that only one entrance would be allowed. Mr. Kel1ier indicated his surveyor told them that only one entrance would be allowed after reviewing the ordinances. Commissioner Wilharber indicated that he would like to look into the entrance requirement further as it would seem that two entrances would be safer. He then said the concept seems good but he would like two entrances. Mr. Palzer indicated it is a County requirement and recommended that Mr. Kel1ier contact the County to discuss it. He also indicated that a wider entrance with a median dividing it could be used. Commissioner Wilharber indicated he had no issue with recommending approval to the City Council provided the entrances and the outside building materials are addressed. Commissioner Wilharber asked if it was advantageous to build them separately. Mr. Kel1ier indicated that it allows for windows on three sides and that makes a more desirable office space. Commissioner Wilharber asked what the distance would be between buildings. Mr. Palzer indicated it appeared to be about 20 feet. He then commented that individually owned units would be preferable to rented units. Page 2 of6 Planning & Zoning Connnission July l, 2003 Meeting Minutes Mr. Kel1ier asked if there was a concept plan for the development of 20th Avenue. The Commission explained the proposals for 20th Avenue and read from the Ordinance the list of allowed uses for commercial and industrial zoning. Mr. Kel1ier asked if there was a plan to widen 20th Avenue. Mr. Palzer indicated that there were discussions at the County level concerning widening 20th Avenue and recommended that Mr. Kel1ier contact the County to discuss it. Mr. Kel1ier asked if he could present his plan to Council. The Commission recommended that he contact Ms. Moore-Sykes to discuss the matter. Mr. Palzer asked what type of signage was proposed. Mr. Kel1ier indicated there would be one sign listing the property address and the businesses located there and each business would have a sign on their building. He then said that he would be requiring that the signs be uniform. The Commission recommended that Mr. Kel1ier obtain a copy of the sign ordinance for reVI ew. IV. OLD BUSINESS None. V. NEW BUSINESS 1. Mr. Dave Kilian - 1695 Sorel Street Site Plan Review Mr. Kilian presented his plan for constructing a detached garage on his property. He then indicated that he had applied for a variance three years ago that was never acted upon and he could have built the garage as it was approved by non-action of the City. Since then he has been told that the ordinance was amended and any previous approvals, even if by non-action are null and void. Mr. Kilian addressed all the issues listed in the Staff report and indicated he could meet all of them with the exception of the square footage requirement which he says should have been removed from the Ordinance because that is why he was asked to wait until the Ordinance was amended when he applied for the variance last time. He then read language from the Ordinance that he feels supports his right for a structure larger than 704 square feet. Mr. Palzer indicated that the Ordinance specifically indicates that the maximum SIze allowed in an M-l district is 704 square feet. Page 3 of6 Planning & Zoning Connnission July l, 2003 Meeting Minutes Mr. Kilian asked why he was not told of that requirement when he spoke to Mr. Palzer concerning the proposal. Mr. Palzer indicated that he had specifically indicated to Mr. Kilian that the maximum size allowed is 704 square feet without a variance. Mr. Kilian indicated he had discussed his proposal with Ms. Moore-Sykes and Ms. Bender and was told that he should be fine but then found out through receiving the packet the issues she had outlined in the Staff report. Mr. Palzer suggested that Mr. Kilian discuss the square footage requirement with Ms. Moore-Sykes and indicated that he would need to apply for a variance unless he wished to build a 704 square foot structure. Mr. Kilian indicated that 704 square feet did not suit his purposes and said that is why he had applied for the variance three years ago and was told to wait until the Ordinance was amended and he thought that the 704 was going to be removed from the Ordinance to allow for larger structures in the M-l district. He further commented that he could have built his garage because it was approved by inaction. Mr. Palzer indicated that once the Ordinance was rewritten whatever was approved by inaction was nullified. Commissioner Wilharber asked if Mr. Kilian was willing to pay the $175.00 and apply for the variance if that is required. Mr. Kilian indicated he would pay the fee if he knew for sure that his variance would be approved. Commissioner Wilharber indicated he does not have an issue with approving the request whether or not it requires a variance. He then said that a City's planning is never perfect and that is why variances are available. He further commented that he feels the City should encourage residents to make improvements to their property rather than discouraging them by denying variances for good projects that would improve the property and increase taxes for the City. Commissioner Klennert Hunt indicated she understood the reasoning behind caution when granting variances but said this property is different in that it is in the M-l district located next to Trio Inn and she does not see a reason that the garage should not be allowed. Chair Hanson indicated he would like Staff to look into the legal issues concerning the previously applied for variance and whether the City has a responsibility to Mr. Kilian to approve this request due to how things were previously handled. He further clarified that he would like to know whose responsibility it was to bring the variance off the table, the City's or Mr. Kilian's responsibility. Chair Hanson indicated he would like to know what is the right course of action. Whether Mr. Kilian has to apply for a new variance or if the previous variance request should be pulled off the table and acted upon. Page 4 of6 Planning & Zoning Connnission July l, 2003 Meeting Minutes Mr. Kilian indicated that Ms. Bender told him that he would have had 12 months to act upon the variance that was approved by inaction but, since that was not done, the approval is void. Kilian then asked whether he would have to wait for the next Planning Commission meeting for a public hearing on the variance and then for Council approval which means it would be two or three months before he would obtain approval. Mr. Palzer indicated that Mr. Kilian could discuss that matter with Ms. Moore-Sykes. He then said that it may be possible to hold the public hearing at the Council level to expedite the process. Commissioner Wilharber commented that he hopes this City has not gotten so big that it has lost sight of common sense. Mr. Kilian paid the fee for the variance once and the City did not act upon it. He then said that it is sad when the City has to depend upon attorneys for everything when years ago a handshake was all that was required. Motion by Commissioner Wilharber, seconded by Commissioner Lakso to recommend to Council approval of the site plan for 1695 Sorel Street with a five foot separation from the property line, no zero lot lines, no occupancy of the structure and approval from Rice Creek Watershed District. Ayes - 4, Nays - 0, Abstain - 1 (Kilian). Motion carried. Mr. Palzer indicated that he did not think this would make it past Ms. Moore-Sykes to the Council agenda because a variance application is required. Mr. Kilian indicated he would contact Ms. Moore-Sykes to discuss why he was not given the information presented in the packet when he brought in the application and discussed the plan with her. VI. DISCUSSION ITEMS Commissioner Wilharber indicated the County had become involved in the City's vacation of Goiffan Road and said the church intended to widen it and provide angled parking on both sides. He then indicated that the church is still discussing its plans for whether to add onto the existing church or rebuild it. He also asked for any ideas people had for celebrating the church's 150th anniversary. VII. CONSIDERA TION OF MINUTES 1. June 3, 2003, Planning and Zoning Meeting Minutes Commissioner Klennert Hunt requested the following change: On Page 3, paragraph 3 change as mall to "a small". Page 5 of6 Planning & Zoning Commission July l, 2003 Meeting Minutes Motion by Commissioner Wilharber, seconded by Commissioner Kilian to approve the Minutes of June 3, 2003, as amended. All in favor. Motion carried unanimously. VIII. ADJOURNMENT Motion by Commissioner Wilharber, seconded by Commissioner Hunt to adiourn the July 1, 2003 Plannin2 Commission Meetin2 at 7:36 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 6 of6