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Home My WebLink About2024-08-28 PC MIN(499ateir THE lINTNELACE OF MINNESOTA PLANNING COMMISSION MEETING MINUTES August 28, 2024 REGULAR MEETING 7:00 P.M. Chairman Dybvig called the meeting to order at 7:00 p.m. Present: Chair Dybvig, Commissioners Cox, Hoffman, North, Steinwall, Councilmember Odebrecht Absent: Commissioner Swanson Staff: Community Development Director Gladhill, Planning Manager Gutknecht APPROVAL OF MINUTES Possible approval of minutes of July 24. 2024 regular meeting Motion by Commissioner Cox, seconded by Commissioner North, to approve the minutes of the July 24, 2024 regular meeting. Motion passed 5-0-1 with Councilmember Odebrecht abstaining. OPEN FORUM There were no public comments. CONSENT AGENDA Case No. CD2024-032: Findings to Support Denial of Variance to Maximum Lot Coverage for Proposed Pool at 3393 Pioneer PI - Resolution PC 2024-07 Motion by Commissioner Steinwall, seconded by Commissioner Hoffman, to adopt the Consent Agenda. All in favor. UNFINISHED BUSINESS There was no unfinished business. PUBLIC HEARINGS Case No. CD2024-037: Variance to Maximum Lot Coverage Proposed Back Deck at 403 Northland Terrace Community Development Director Gladhill noted that during plan review when the home was being built, staff informed the property owner of the lot coverage limit. Applicants Kathryn Salvatore and Eric Wheeler are seeking a Variance to exceed the 30% allowed impervious surface coverage and permit the construction of an approximately 422 square foot deck with stairs. The 11,951 square foot residential lot contains a two-story single-family dwelling and an attached garage built in 2023. The home was built with a second story door that currently leads to nowhere. The property was built to 27.7% coverage and has approximately 279 square feet of impervious surface coverage available without needing a variance. The proposed deck would increase the lot coverage to 31.2% (3,728 square feet, an overage of 143 square feet). Because the impervious surface coverage requested exceeds the 30% threshold regulated by the City Code and Development Agreement, a variance is required. Based on the plight outlined by the landowner that they would like to have a deck that is larger than their Planning Commission August 28, 2024 home can accommodate within impervious surface requirements, staff believes this does not satisfy the required practical difficulty requirements, and recommends denial of this request. Applicants Katie Salvatore and Eric Wheeler clarified that as they were planning the home's construction with their builders, they asked that a deck be included. But their builders said they do not build decks and recommended that the property owners contract out the deck project after the home was built. The builder specifically referred them to a home with the same orientation and floor plan, saying they could have the deck built when the home was completed. Several nearby homes have screened decks. Chairman Dybvig opened the public hearing. With no public comments, the hearing was closed. Commissioner Steinwall noted the practical difficulty test has not been met and a smaller deck would be possible within the code. Councilmember Odebrecht pointed out that although a cement slab below the deck is not currently proposed, the future temptation is there. The Commission could add a condition prohibiting future construction of a cement slab underneath. Chair Dybvig commented that some homeowners have added decks off the back, just not large decks. He sees no practical difficulty. The Commission must follow Zoning Code. Motion by Commissioner Steinwall, seconded by Commissioner Cox, to deny a Variance Request to Exceed the Maximum Allowable Structural Impervious Surface of 30% at 403 Northland Terrace (Case Number CD2024-037). All in favor. Case No. CD2024-041: Variance to Front Yard Setback for Proposed Garage at 621 Hickory Street West Chairman Dybvig recused himself from the discussion and the vote. Planning Manager Gutknecht explained that applicant Robert Powell is seeking a Variance to the front yard setback to permit the construction of an accessory structure (detached garage). The home was built in 1882 and is approximately 3' 10" from the front property line. The existing detached garage on the west side of the property, partially over the property line, will be demolished. The proposed new structure will be a two stall 676 square foot garage, designed to fit with the style of the home. Staff finds the use is reasonable and the practical difficulty is the steep retaining wall to the rear; staff recommends approval. Vice Chair Steinwall opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Hoffman, seconded by Commissioner North, to adopt Resolution PC 2024-10, Resolution Approving a Variance Request to Construct an Accessory Structure in Front Yard Setback at 621 Hickory Street West (Case Number CD2024-041). Vice Chair Steinwall suggested a friendly amendment to add a condition requiring that the lots be combined, and another condition requiring that the existing curb cut and the impervious surface (current driveway) be removed. Mr. Gutknecht stated the applicant is starting the lot combination process and the applicant confirmed this. The motion maker and second accepted the amendment. All in favor. Case No. CD2024-042: Variance to Front Yard Setback for Proposed Front Deck at 916 Maple Street West Page 2 of 4 Planning Commission August 28, 2024 Mr. Gladhill explained that applicant Bailey Sivanich is seeking a Variance to the front yard setback to permit the construction of a front deck. The dwelling was built in 1880 and is only 5.8' from the front property line. During remodeling the previous owner removed the front porch, leaving the front door without egress. The project includes a detached front deck, running the length of the primary dwelling, and a concrete walk to access the deck from the side of the property. The proposed deck coordinates with the style of the home and will bring back a previously removed feature that is encouraged by the Design Guidelines. Staff recommends approval. Applicant Bailey Sivanich stated that currently there is no way to use the front door. Chairman Dybvig opened the public hearing. There were no public comments. The public hearing was closed. Councilmember Odebrecht complimented the applicant on the renovation work done thus far. Motion by Councilmember Odebrecht, seconded by Commissioner Hoffman, to adopt Resolution PC 2024-09, Resolution Approving a Variance Request to Build in Front Yard Setback at 916 Maple Street W (Case Number CD2024-042). All in favor. NEW BUSINESS There was no new business. DISCUSSION There were no discussion items. FYI STAFF UPDATES Zoning Code and Subdivision Code Amendment Mr. Gutknecht said that staff is completing changes and a draft will be brought back for review. ADJOURNMENT Chairman Dybvig adjourned the meeting at 7:24 p.m. 4y- ' t Jo Dybvig, Chair ATTEST: Ben Gutknecht, Interim Community Development Director Resolution PC 2024-07, Resolution Adopting Findings of Fact to Support a Denial of a Variance Request to Exceed the Maximum Allowable Impervious surface of 25% at 3393 Pioneer PI (Case Number CD2024-032) Resolution PC 2024-09, Resolution Approving a Variance Request to Build in Front Yard Setback at 916 Maple Street W (Case Number CD2024-042) Resolution PC 2024-10, Resolution Approving a Variance Request to Construct an Accessory Structure in Front Yard Setback at 621 Hickory Street West (Case Number CD2024-041) Page 3 of 4