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HomeMy Public PortalAbout10-12-1999PLANNING COMMISSION MEETING - OCTOBER 12, 1999 PRESENT: KATHY COOK, ELIZABETH WEIR, LENNY LEUER, FRANK MIGNONE AND SUSIE MACKAY. BRUCE WORKMAN ARRIVED AT 8:05 P.M. ALSO PRESENT: PLANNING AND ZONING ADMINISTRATOR LOREN KOHNEN AND PLANNING AND ZONING ASSISTANT SANDIE LARSON. ABSENT: JERRY BROST Chairperson Lenny Leuer called the meeting to order at 7:34 p.m. He added two items to the agenda: 1. Selecting planning commission members for the committee to implement ordinance changes to reflect the comprehensive plan and 2. Determine the number of planning commission members. 1. JEAN DIDIER - 2992 ARDMORE AVE - VARIANCE REQUESTS - TABLED FROM SEPTEMBER MEETING. MOVED BY ELIZABETH WEIR AND SECONDED BY FRANK MIGNONE TO TABLE THIS REQUEST UNTIL FURTHER INFORMATION IS RECEIVED. MOTION PASSED. 2. LORRI AND THOMAS UNDERWOOD - 1325 ELSINORE CIRCLE - FRONT YARD SETBACK VARIANCE AND CONDITIONAL USE PERMIT FOR HOME OCCUPATION - PUBLIC HEARING - 7:37 P.M. Loren Kohnen read his memo to the planning commission and put up an overhead of the site and pointed out the proposed addition. Tom Underwood, 1325 Elsinore Circle, said that he had no comment, but was here to answer any questions the planning commission may have. VARIANCE: L. Kohnen put up an overhead of the floor plan for the proposed addition and also of the house elevation. Lenny Leuer said that he had talked with Mr. Underwood and that there were some slight changes in the plan. T. Underwood said that they had added an outside door on the 18'x15' addition in back of the garage. L. Kohnen pointed out that the door could not be used as an entrance for the home occupation, that the house entrance must be used. 1 Elizabeth Weir wondered if building code would require the second door and Loren said no. She then asked Mr. Underwood if he would still construct the second door. T. Underwood said yes. L. Leuer said the door could still be used but from the City's prospective, it is not a business door. L. Weir said that it seem a likely area on the top of the garage to put an addition some day and would the garage be built so that could maybe be done in the future. T. Underwood said it is not something that they have planned. L. Kohnen said the construction would be strong enough if it was done someday. There was continued discussion of the design of the addition. Variance: MOVED BY KATHY COOK AND SECONDED BY SUSIE MACKAY TO RECOMMEND APPROVAL OF THE SETBACK VARIANCE OF 5' FOR AN ADDITION TO THE SOUTH SIDE OF THE HOUSE WITH THE HARDSHIP THAT THIS VARIANCE IS CONSISTENT WITH OTHER WHICH HAVE BEEN GRANTED IN THIS AREA WITH CORNER LOTS WITH ONE CONDITION: 1. Only one driveway permitted and that to be approved by the Director of Public Works, Jim Dillman. MOTION PASSED. CONDITIONAL USE PERMIT Kathy Cook asked about the part of the ordinance that states there will be no over the counter sales, and would selling shampoo, etc. as part of this business be considered over the counter sales. Loren Kohnen said there would be such a limited amount, that it would not be considered as over the counter sales. K. Cook asked if one employee is allowed and Loren said yes, with a conditional use permit. Lenny Leuer asked Loren how he arrived at 4 vehicles in his recommendations. L. Kohnen said that with the garage addition and the existing garage, there would be ample space for 4 vehicles, thus eliminating excessive on street parking for the business. The four could be: the one employee, 2 customers and maybe 1 customer arriving a little early. 2 Elizabeth Weir asked if there would end up with too much paving, that it would be kinder to have less for impact on the neighbors. L. Kohnen said that the pavement already exists in front of the existing garage and there would be the new portion of the driveway in front of the new garage and it is better to have the parking in the driveway than on the street. L. Leuer asked Loren what he considered hard surface for parking, pavement or gravel. L. Kohnen said in this case, pavement or concrete because gravel would end up in the road. L. Leuer asked about condition #4, business to be conducted only in the 18'x15' addition. L. Kohnen said customers could certainly wait in the family room or other places in the house, he meant that the work itself should only be in the room intended for the business. MOVED BY ELIZABETH WEIR AND SECONDED BY FRANK MIGNONE TO RECOMMEND APPROVAL OF A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION FOR LORRI AND THOMAS UNDERWOOD AT 1325 ELSINORE CIRCLE WITH THE FOLLOWING CONDITIONS: 1 Only one outside employee permitted 2. Off street parking on hard surface for a minimum of 4 vehicles to be provided 3. No signs permitted other than address 4. Business only to be conducted in the 18'x15' addition 5. No outside storage of business related items 6. This home occupation conditional use permit is not transferable at time of sale of the property 7. If business activity should cease for a period exceeding 6 months, the conditional use permit will be void MOTION PASSED 3. WOODRIDGE CHURCH - 1500 COUNTY ROAD 24 - CONDITIONAL USE PERMIT AMENDMENT FOR PRESCHOOL/KINDERGARTEN MONTESSORI SCHOOL - PUBLIC HEARING - 7:52 P.M. Loren Kohnen read his memo to the planning commission and explained where in the church the school would be held. He said that he will be checking to make sure that all fire and building codes are met for the location in the church that the school will be using. Carole Busch, school director, said the architect was sure that building codes would be met for the location. She said there is an exit right from the classroom and also another exit in the area. She said they do fire drills all the time and with 3 teachers/10 students, it is not a problem getting the out if necessary. 3 Susie Mackay asked about the playground area. She was concerned on how close it seemed to the septic system. She mentioned a vent in the area and also that it seemed like the area had just been re -surfaced. C. Busch said that it is the only flat area available for the playground. Licensing requires that they have a fenced play area and it would be more difficult to fence in the hill area. L. Kohnen said that the drainfield is at the north end of the parking lot and Susie mentioned the mound by the main parking area. Elizabeth Weir asked where on the site plan the active septic system was. L. Kohnen said the dashed line on the survey. He said you could not get into any of the sloped area for the playground. Lenny Leuer said that the back of the curb to where the mound starts is 30' and the 60' length is not a problem. S. Mackay said she was questioning this because she did not know how a mound system worked and how close you could be to it. L. Kohnen said that a mound system drains down into the ground under the mound. He said the fence should be about 4' behind the curb and that 25'x60' would be sufficient for the play area. C. Busch said that 1800 square feet is the licensing requirement. Kathy Cook questioned whether we had ever done a conditional use permit for a school such as this before and wondered if it was appropriate to put an additional use in the residential area. Frank Miqnone said it is a permitted use in a residential area. E. Weir said it seems appropriate. C. Busch said that for the use, they cannot afford to rent in a commercial area. L. Leuer said that since this is an amendment, is the church in compliance with their current conditional use permit. L. Kohnen said that he has received no complaints, except for the lights being left on one night. Ralph Anastasia, 1400 County Road 24, said he did not come here to complain, but since it has come up, the lights in the parking lot are left on about every other night. He said he does not call because he does not feel it would do any good. 4 Betty Anastasia, 1400 County Road 24, said that the old equipment that was supposed to be removed has not been and with talking about having children around, this should be done. R. Anastasia said that they (the church) did put some trees up, but the old truck and old elevator are still there. Ralph was given a copy of the site plan . L. Kohnen said a condition can be removal of the old truck and other equipment. R. Anastasia mentioned the lights again. Bill Sime representing the church, said he will talk to the church about the lights. L. Kohnen said that if we keep getting complaints of the lights being left on, we will restrict the use at night. MOVED BY KATHY COOK AND SECONDED BY ELIZABETH WEIR TO RECOMMEND APPROVAL OF AN AMENDMENT TO THE CONDITIONAL USE PERMIT FOR WOODRIDGE CHURCH TO ALLOW A PRESCHOOL/KINDERGARTEN MONTESSORI SCHOOL TO BE CONDUCTED AT 1500 COUNTY ROAD 24 WITH THE FOLLOWING CONDITIONS: 1 Removal of old truck and any other equipment and/or debris 2. School to be for children ages 3-6 3. Number of children not to exceed 25 4. Hours 8:30 a.m. to 2:45 p.m. 5. Fenced play area to be on the east side of the building 6. Drop off and pick up of students to be at the south portion of the north parking lot 7. School to remain licensed by the Department of Human Services 8. Area used to meet fire and building codes 9. The existing septic system to be reviewed by a licensed individual to ensure that it is sized properly for the additional use L. Leuer asked if we wanted to be so restrictive on the hours C. Busch said in 30 years, the hours have not changed and she has no desire to increase the enrollment or the hours. L. Leuer asked Mr. Sime if the church is thinking of getting into other activities such as this school and he said no. C. Busch said that the kids stay with them for 3 years in this school program. B. Sime said this intent is not to have a `school' at Woodridge, just to keep a good Montessori school going. He said it is not an issue to say this is it. 5 R. Anastasia he said speaking of forward thinking, he believes that the church has bought Lucille Scherer's house and wondered if they were thinking of a school there and if so, could they do that. L. Kohnen said no, not without having sanitary sewer. MOTION PASSED. 4. KEN DARULA - 4737 MEDINA LAKE DRIVE - SIDE YARD SETBACK VARIANCE - PUBLIC HEARING - 8:20 P.M. Loren Kohnen read his memo to the planning commission and put up an overhead of the site. Ken Darula gave a letter for the record from his neighbor saying they had no problem with the proposed deck. He also said they have located the survey stake in the back yard. Lenny Leuer pointed out where there was more room than thought for a deck to be placed. K. Darula said they had to angle the house on the lot and would like to add a deck. This seems to be the most appropriate place for it - it is not a huge deck and it will be a quality deck. Elizabeth Weir said that some of the footings appear to be dug and wondered if they were in the easement area at all. L. Kohnen said that they need to see a survey to be sure that it is not projected out into the 5' easement area. E. Weir asked if it did project over, would it be a problem to change it. K. Darula said they want to make sure the deck looks good architecturally. Sandie Larson read the letter from the neighbor and entered it into the record. Kathy Cool said that she was at the site and she understood that variances are to be done because of a hardship. L. Kohnen said that you have to state a hardship. Elizabeth Weir said the lot is an awkward shape, the current house placement and the amount of wetlands on the lot. L. Kohnen said he would like to recommend to Ken 4' footings so there are no problems with frost. 6 L. Leuer said that he has a problem with this variance - this is a brand new subdivision - it is not built out and now a homeowner is asking for a variance - he said he would like to bring Lundgren Brothers to task - putting a very large house on the lot where they did, designed like it is, when there could have been another area for a deck without a variance - he said he finds it hard to do this on a new subdivision - more will ask for the same. K. Darula said it is not fair to assume something will happen. L. Leuer said the error is where Lundgren's placed the house - a lot line re-arrangment would be better than a variance. K. Darula said it seems like you are trying to make a big project out of this - I just want to build a deck where it belongs on the house. L. Kohnen said a lot line re -arrangement would make more sense if Lundgren's still owned the lot next to this, but it is owned by a private individual and what would they be getting is wetlands. Susie Mackay asked if we could grant the variance with the caveat that we all recognize that this is a unique situation. Frank Miqnone said he sees Lenny's point. Bruce Workman said he agrees, but does not think this variance will change how Lundgren's will build. K. Cook said she is comfortable with a variance when there are no other options. L. Kohnen pointed out on the overhead where the deck could be. K. Darula said that the location Loren pointed out would not work or look as well. He said he thinks the planning commission is worrying too much about Lundgren Brothers. S. Mackay said this has to do more with granting variances in general - there does not seem to be a hardship. The deck could be redesigned even if you do not want it to be different. L. Kohnen said the hardest to meet is the applicants cannot create their own hardship. K. Darula said once again, that this is the best place for the deck. It makes the house and the lot look the best. K. Cook said that we have done a lot of lot line re -arranging. L. Kohnen said the only property to exchange here it swamp. 7 B. Workman asked about tabling the application until a new survey can be done to determine the exact location of the house to the lot line. K. Darula said he does not think there will be much of a difference. He said again, he just wants to build a deck to barbecue on. L. Leuer said there are three options: turn it down, table it or approve. He called for a straw vote. Bruce - abstain Susie - approve with reservations Frank - approve Lenny - no Liz - approve with reservations Kathy - abstain S. Mackay asked Ken if he had thought of moving the deck to follow the lines of the big windows. K. Darula said this would block their view, especially from the lower level. MOVED BY FRANK MIGNONE AND SECONDED BY SUSIE MACKAY TO APPROVE A VARIANCE OF 10' OR LESS AT 4737 MEDINA LAKE DRIVE TO CONSTRUCT A DECK WITH THE HARDSHIP BEING THE LOCATION OF THE HOUSE ON A LIMITED UPLAND AREA, LOCATION OF WETLANDS ON THE PARCEL AND THE PIE SHAPE OF THE BUILDABLE AREA WITH THE FOLLOWING CONDITIONS: 1. The deck may not project into the 5' drainage and utility easement area 2. Lot line and easement staked by registered surveyor 3. Protect and maintain the sump pump system MOTION PASSED WITH THE FOLLOWING VOTE: Mignone - yea; Weir - yea; Mackay - yea; Workman - yea; Leuer - nay; Cook - nay The two nay votes for the following reasons: 1. Place exists to build deck without variance 2. New subdivision - not built out - City should send message out that setbacks are not fluid and there should be forward thinking on the developers part 5. MINUTES OF SEPTEMBER 14, 1999 MOVED BY FRANK MIGNONE AND SECONDED BY BRUCE WORKMAN TO ACCEPT THE MINUTES AS PRESENTED. MOTION PASSED. 6. DESIGNATION OF PLANNING COMMISSION MEMBERS TO COMMITTEE TO WORK ON ORDINANCES TO COMPLY WITH COMPREHENSIVE PLAN 8 Lenny Leuer said that at the last city council meeting, the comprehensive plan was accepted. (applause from the planning commissioners!). He also stated that a moratorium was placed on areas designated for UC1, PUD or Uptown Hamel and also any land that is within 1000' of these areas. A committee is to be formed of 3 city council members and 4 planning commissioners to work on the new ordinances to comply with the new zoning areas and also any ordinances that are affected. City staff and the public will have input, but will not be voting members of the committee. The city council members are: Mayor John Ferris and councilmembers, Carolyn Smith and Jim Johnson. Loren Kohnen said that Lenny was appointed chairperson of the committee. He said that the council will interview the consultant that will be used and let him know what we are looking for. There was discussion of how the committee will work, days to meet, etc. Tuesday was ruled out as a meeting time. Monday or Wednesday nights were the nights that the planning commissioners could meet. Suggested time for the meetings was 7 p.m. to 10 p.m. Commissioners who volunteered to be part of the committee: Susie Mackay Bruce Workman Kathy Cook (only if the meetings are on Monday night) Lenny will call Jerry Brost to see if he is interested and if so, will replace Kathy. Those not on the committee would be alternates. Kathy said that it was very helpful when Paul organized the work sessions for the comprehensive plan and all agreed he had done a terrific job. L. Kohnen said the consultant will give an outline to follow. Bruce Workman said the first meeting should outline the rules, such as times, etc. 6. NUMBER OF PLANNING COMMISSION MEMBERS Lenny Leuer said that Carolyn Smith has resigned from the planning commission now that the comprehensive plan was complete. He asked the planning commissioners what they thought of keeping the number of commissioners at 7 or advertising for new member(s). Loren Kohnen said that at the council meeting, Carolyn had said the number would be taken care of when I resign. Kathy Cook said she liked 7 members. Susie Mackay said it is important to let Sandie know if a member cannot be at a meeting. 9 L. Leuer said he does not like to see applicants having to wait, if we have to wait for a quorum and with less members, that is less we have to have for a quorum MOVED BY ELIZABETH WEIR AND SECONDED BY FRANK MIGNONE TO RECOMMEND TO THE CITY COUNCIL THAT THE PLANNING COMMISSION CONSIST OF 7 MEMBERS. MOTION PASSED. MOVED BY FRANK MIGNONE AND SECONDED BY BRUCE WORKMAN TO ADJOURN. MOTION PASSED. Meeting adjourned at 9:20 p.m. Planning and Zoning Assistant Date 10