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HomeMy Public PortalAbout04-08-1997PLANNING COMMISSION MINUTES - APRIL 8, 1997 PRESENT: ANNE HEIDEMAN, BOB BRADLEY, KATHY COOK, FRANK MIGNONE, SUSIE MACKAY, CAROLYN SMITH, LENNY LEUER AND BRUCE WORKMAN. ALSO PRESENT, PLANNING AND ZONING ADMINISTRATOR LOREN KOHNEN AND PLANNING AND ZONING ASSISTANT SANDIE LARSON. ABSENT: CHRIS CROSBY Before the meeting was called to order, Carolyn Smith presented a tape on development that encourages land conversation using techniques such as cluster housing. Carolyn explained a little about the tape and there was some discussion on cluster type housing. Kathy Cook was not present for this presentation. Chairperson Anne Heideman called the meeting to order at 7:49 p.m. 1. MINUTES OF MARCH 11, 1997 MOVED BY FRANK MIGNONE AND SECONDED BY BRUCE WORKMAN TO ACCEPT THE MINUTES AS PRESENTED. MOTION PASSED. 2. DANIEL & KIMBERLY MAXWELL - 4772 SYCAMORE AVE. - SIDE SET -BACK VARIANCE FOR A GARAGE - 7:50 P.M. Loren Kohnen read his memo to the planning commission and put up an overhead of the site and explained the request. Bob Bradley asked why you couldn't excavate what the retaining wall is holding up and move the garage closer to the house. Anne Heideman asked if the house was a walkout and she was told no. Lenny Leuer said he was at the site and the retaining wall does not start at the house, it is behind the garage. He wanted to know if there had been other variances in this neighborhood. None could be thought of. B. Bradley said that he does not see a hardship. An attached garage could be built and meet the set -backs. Frank Mignone said it is a hardship not having a garage. 1 L. Kohnen said that financial reasons is not a hardship. Bruce Workman asked if this was a level lot. Dan Maxwell said that it slopes to the north. L. Kohnen said that the water runs east to west in this area. D. Maxwell said that the large tree was their only shade tree and L. Kohnen said the loss of the tree could be considered a hardship. L. Leuer said that when a variance request got over 50% we used to take a dim view of it. He told Mrs. Maxwell that adjustments could be made in the plan. He then asked how far a detached garage had to be from the house and if the setback was measured from the foundation or the overhang. L. Kohnen said that a detached garage should be at least 3' from the house and if the overhang is more than 30" then the overhang is counted in the setback. L. Leuer suggested moving the garage so the variance would not be over 50%. B. Workman asked why the garage was 9' from the house. D. Maxwell explained that steps and door were at the side of the house. Kathy Cook stated that the retaining wall did not preclude an attached garage. F. Mignone asked if there was 6' of steps out from the house and Mr. Maxwell said yes. K. Maxwell said that safety wise she preferred a detached garage so she could look outside. L. Kohnen said that an attached garage should be wider. MOVED BY BOB BRADLEY AND SECONDED BY BRUCE WORKMAN TO RECOMMEND DENIAL OF THE VARIANCE REQUEST DUE TO LACK OF A HARDSHIP. L. Leuer questioned if we could have a compromise. Both Bob Bradley and Bruce Workman agreed that they would recommend denial of any kind of variance. C. Smith said she also preferred a detached garage, but can we think of a way to do it and not detach it. 2 L. Kohnen said that with needing a fire wall, etc., it might as well be attached. MOTION PASSED WITH 2 NAYS. CAROLYN SMITH AND SUSIE MACKAY VOTING NAY BECAUSE THE TREE AND TOPOGRAPHY OF THE LOT ARE HARDSHIPS. 3. FRANK & SALLY PERNAT - 2937 LAKESHORE AVE. - SIDE SETBACK VARIANCE FOR ENTRY/LANDING - 8:11 P.M. Loren Kohnen read his memo to the planning commission and put up an overhead of the site and explained the request. He also corrected his memo to read `landing' instead of `deck'. Bob Bradley asked how old the house was. Frank Pernat said it was built in the early 40's or 50's. Frank Mignone asked if there was an exit door now. F. Pernat said yes. Lenny Leuer asked about the basement bedroom and about the egress window. There was discussion concerning egress windows, walkways, etc. F. Mignone said that there are lots of variances in the Independence Beach area. MOVED BY BOB BRADLEY AND SECONDED BY KATHY COOK TO RECOMMEND APPROVAL OF A 8.1' SIDE SET -BACK VARIANCE TO FRANK & SALLY PERNAT AT 2937 LAKESHORE AVE. BASED ON SAFETY, THE PLACEMENT OF THE EXISTING HOUSE AND THE MAIN ENTRY BEING ON THE SIDE OF THE HOUSE.. Carolyn Smith asked about the shed in the yard. Sally Pernat said that when they were here last time for their deck, they were told as long as it was maintained it could stay where it was, but cannot be expanded. It is noted that both the shed and the neighbors porch go over property lines. MOTION PASSED. Anne Heideman urged the planning commission to visit sites before the meetings. Loren Kohnen said that every variance item should be answered and all agreed. 3 4. ORDINANCE AMENDMENTS/REVISIONS - 8:28 P. M. TELECOMMUNICATION TOWERS AND FACILITIES Anne Heideman said she found all changes included as was talked about at the last meeting. Lenny Leuer had some questions and comments: Page 7, Subd. 4 - dual mode lighting needs a definition.; Subd. 7, camouflage - if an area is close to residential or multi - residential, that's when camouflage should come in, there are techniques to design towers so they do not have to look like towers. Lenny also said that landscaping is for the building's, not the towers; page 7, Subd. 3, engineering certification, he said that the Hamel antennas were not erected as the planning commission passed. He said that the planning commission must see the engineering design There was discussion of how to camouflage some towers. Bob Bradley, page 5, Subd. 6, wanted to know what a satellite earth station was - decided there was no concern. Page 7, paragraph in italics, wanted to know why this was necessary and Loren explained how towers with guy wires could fall. MOVED BY CAROLYN SMITH AND SECONDED BY FRANK MIGNONE TO RECOMMEND THE ORDINANCE AMENDMENT ON SECTIONS RELATING TO TELECOMMUNICATION TOWERS AND FACILITIES WITH THE FOLLOWING CHANGES: 1. Page 7, Subd. 3 - Engineering Certification - add that the planning commission must see the engineering plans when they are reviewing the application. 2. Page 7, Subd. 4 - dual mode lighting needs a definition. 3. Page 7, Subd. 7 - clarify that landscaping is for buildings, not for towers. MOTION PASSED. LAND EXCAVATION AND RECLAMATION Anne Heideman said that the corrections that the planning commission had requested were in this draft. Lenny Leuer - said that the part that was deleted talked of dust control and he did not see it in here. It was pointed out that it was covered on page 2, Subd. 3. Kathy Cook - page 1, Subd 31(b), wanted clarification of beneficial cover - it was discussed. 4 Bob Bradley - page 2, Subd. 4(a), , 2nd line down, should read less than instead of not more than - - -. MOVED BY BOB BRADLEY AND SECONDED BY BRUCE WORKMAN TO RECOMMEND APPROVAL OF THE ORDINANCE AMENDMENT RELATING TO LAND EXCAVATION AND RECLAMATION WITH THE FOLLOWING CHANGES: 1. Page 2, Subd. 4(a) - 2nd line - change not more than - - - to less than - - -. MOTION CARRIED. AMENDING SECTIONS IN THE ZONING & SUBDIVISION SECTIONS REGARDING INDIVIDUAL SEWAGE TREATMENT SYSTEMS: Frank Greczyna, Pineview Overlook Homes, said that he was the owner of Lot 6, Blk 1, Mohawk Estates and he wanted to address this lot and address the fact that the city has a chance to come up with what other cities do with accepting "experimental systems" He said that he has had MPCA engineers to this lot and they have said that an experimental system would work there. There was discussion with the planning commission and Loren concerning experimental systems. Frank Mignone said that now we are saying that an experimental system can only be used if there is a failing system. F. Greczyna said that should not be the only criteria. Anne Heideman said that a variance could be requested. F. Greczyna said that the city attorney said city could not grant a variance and suggested that he come tonight to talk about it. A. Heideman said there was some miscommunication as a variance can always be requested and applied for which may or may not be granted. A. Heideman - page 2 (i) - said that she went over Ron's memo and concurred with this section being deleted entirely. Pages 3 & 4 - no changes - There was discussion of lot size as stated on page 11, Subd. 2(a). Lenny Leuer went to page 5, Subd. 4(a). There was discussion of meaning of buildable area and sufficient for sewage disposal systems. - page 6, top of the page, after contiguous soils, add as defined in - - -. 5 A. Heideman - page 7, Subd. 7 - eliminate with large lots - Frank Mignone concurred. L. Leuer - page 8 - top, last sentence to read - Each lot must contain an area of contiguous soils lage enough to support a primary site and an area of contiguous soils for a secondary site for a standard sewage disposal system. A. Heideman - page 10, 826.15 - add Agriculture Preservation at the top, Subd. 4, second line, add standard after secondary. Also in this section, reword to read like the top of page 8, changed above by Lenny Leuer. MOVED BY CAROLYN SMITH AND SECONDED BY FRANK MIGNONE TO RECOMMEND THE AMENDMENTS TO THE SUBDIVISION AND ZONING ORDINANCES RELATING TO INDIVIDUAL SEWAGE TREATMENT SYSTEMS WITH THE CHANGES AS NOTED ABOVE AND REVIEWED BY THREE PLANNING COMMISSION MEMBERS BEFORE COUNCIL ACTION. MOTION PASSED. MOVED BY FRANK MIGNONE AND SECONDED BY BOB BRADLEY TO ADJOURN. MOTION PASSED. Meeting adjourned at 10:20 p.m. Planning & Zoning Assistant Date 6