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Planning Commission Meeting Minutes – Wednesday, March 02, 2011 Page 3 garage had been built approximately twenty (20) years ago, and advised that he had 97 lived on the property for four (4) years. Mr. Carr apologized for not having spoken directly 98 to Ms. Michels about the proposed project. 99 Mr. Carr reviewed the net living area of the proposed unit based on the slanted roof and 100 short wall along one side and insulated interior wall; and his intent for the area in 101 reconfiguring the entryway and connection to the home. Mr. Carr advised that at this time 102 it was not his intent to develop the unit as a rental unit, but wanted to have that option 103 available in the future. Mr. Carr advised that the purpose of this request was to eliminate 104 problematic appraisals of the property in identifying actual living space of the dwelling. 105 Mr. Carr opined that the unit had been used as a rental in the past by a previous owner, 106 but that apparently the City had been unaware of that rental use. Mr. Carr advised that, 107 while he was not immediately intending to rent the unit, he concurred with 108 recommendations of the City’s Building Permit staff to bring the unit up to Code as an 109 ADU with more stringent conformity, as part of this process. Mr. Carr advised that this 110 would facilitate future appraisals and possible future sale of the property. Mr. Carr 111 advised that the request should unify the house for the time being and legally separate 112 the upper unit to make it a rental unit if so desired in the future. 113 Chair Boerigter closed the Public Hearing at 7:08 p.m. 114 Member Gisselquist concurred with the applicant that the proposed application would 115 make the space more a part of the existing dwelling unit, and spoke in support of the 116 request, while recognizing that it could become a rental in the future. Member Gisselquist 117 expressed appreciation for the applicant’s honesty about the potential for future rental. 118 At the request of Member Wozniak, Mr. Lloyd responded that City Code did not address 119 Americans with Disabilities Act (ADA) requirements for residential properties such as this; 120 but noted that applicable requirements would be enforced through the Building Permit 121 process. 122 At the request of Member Wozniak, Mr. Lloyd responded that there was nothing the City 123 Zoning Code limiting residential occupancy, but that elsewhere in City Code; it was 124 addressed for unrelated occupants, but no restrictions on family members. 125 Member Wozniak concurred with the comments of Member Gisselquist, and opined that 126 the proposed structural changes would enhance the use and value of the residence, 127 without raising any significant concerns for surrounding properties. 128 MOTION 129 Member Gisselquist moved, seconded by Member Gottfried to RECOMMEND 130 approval of the proposed accessory dwelling unit as a CONDITIONAL USE at 2478 131 Hamline Avenue; based on the comments and findings of Sections 4 and 5; and 132 the recommendations of Section 6 of the Request for Planning Commission Action 133 dated March 2, 2011. 134 Ayes: 5 135 Nays: 0 136 Motion carried. 137 Mr. Lloyd advised that the case was anticipated to be heard at the March 21, 2011 City 138 Council meeting, but that their schedule was subject to change. 139 b. PLANNING FILE 11-002 140 Request by Meritex Enterprises, Inc. for approval of a PRELIMINARY PLAT of the 141 industrially-zoned property at 2285 Walnut Street 142 Chair Boerigter opened the Public Hearing at 7:12 p.m. 143 Associate Planner Bryan Lloyd reviewed the request of Meritex Enterprises, Inc. for 144 approval of a PRELIMINARY PLAT at 2285 Walnut Street in the industrially-zoned 145 property to plat the southernmost triangle of the parcel with the remainder of the parcel 146 as an Outlot until future development plans necessitate platting more of the property 147