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