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HomeMy WebLinkAbout1995-10-09 CPC MIN• I• PLANNING COMMISSION Oct. 9, 1995 Present: Chairman Jerry Fontaine Glenna Bealka, Duane Elliott, Rob Hamlin, Kirk Roetman, Don Valsvik, Darwin Wald and Terry Zoller Absent: Dorothy Foster Others Steve Russell, Community Development Director Mr. Fontaine called the meeting to order at 7 p.m. Mr. Valsvik, seconded by Mrs. Bealka, moved approval of the minutes of Sept. 11, 1995; all in favor. Case No. SUP/95-50 Case No. SUP/95-55 Case No. SUP/95-58 These three cases were continued. Case No. V /95-66 A variance to the sideyard setback (5 required, 2 requested) for the construction of an 8' x 10' shed at 1010 N. Fourth St. in the RB, Two Family Residential District. Billy J. Elliott, applicant. Mr. Elliott and his mother, Adeline Dornfeld, appeared regarding the request. The intent is to sheetrock the structure as conditioned. The building will be used for storage of tools, yard equipment, etc. The shed will be wood and painted to match the house. Mrs. Bealka, seconded by Mr. Elliott, moved approval as conditioned. All in favor. Case No. V/95-73 A variance to the front yard setback (30 feet required, 21 requested) for construction of a garage addition at 920 Amundson Drive in the RA, One Family Residential District. Ray Damis and Marilyn Morehead, applicants. The two applicants appeared regarding the request. Mr. Damis explained there is no storage except for a downstairs area they would like to finish as a family room; a storage area would be constructed under the garage addition. Because of the unique shape of the lot, only a corner of the garage addition would be outside setback requirements, he said. Most neighbors already have 3-car garages, and he said he did not feel the addition would adversely affect the neighborhood; no neighbors have objected to the proposal. For discussion, Mr. Valsvik, seconded by Mr. Zoller, moved approval as conditioned. Mr. Hamlin and Mr. Elliott spoke in favor of upholding setback requirements, rather than granting a precedent-setting variance. Mr. Zoller noted that most houses in Oak Glen have 3-car garages, and he said he felt the requested addition would fit in with the neighborhood. Motion of approval failed 6-2, with Mrs. Bealka and Mr. Zoller voting in the affirmative. Case No. V/95-74 A variance to the sideyard setback (30 feet required, 24' 4" requested) for the expansion of an existing garage at 421 W. Elm St. in the RB, Two Family Residential District. Duane and Marylou Kendrick, applicants. Mr. and Mrs. Kendrick appeared regarding the request. Mrs. Kendrick showed photos indicating the slopes of the yard which would prohibit expanding the garage in a different direction. She also showed photos of the intersection to indicate the addition would not impact visibility at the intersection. She said her husband is handicapped, which makes it difficult to park on the street. Mr. Elliott noted the requested variance should be 6' 4", rather than as indicated on the agenda item. Mr. Hamlin, seconded by Mr. Roetman, moved approval as conditioned. Mr. Zoller noted that a one-car garage is inadequate for the applicants and there is no other way to build an addition given the topography of the lot. Mr. Valsvik also noted it doesn't appear the addition will affect the intersection visibility, and there will still be room for a sidewalk if the addition is constructed. Motion for approval passed unanimously. Case No. V/95-76 A variance for additional building signage for Schoonover Body Works, 2000 Curve Crest Blvd. in the BP-I, Business Park . Industrial District. Kellison Company, applicant. A representative of the Kellison Company appeared regarding the request. He said the additional signage on the building is needed to provide visibility for traffic eastbound on Curve Crest. The requested signage will be backlit, rather than facelit, he said; the requested signage has 36" high lettering. He also noted a number of neighboring businesses have two signs. The monument sign will be about half the allowable square footage -- 9' x 6', including the rock base. Mr. Russell suggested that 36" high lettering was rather large. Mr. Wald, seconded by Mr. Valsvik, moved approval as conditioned. Mr. Roetman suggested adding language that the building sign lettering be no more than 30" high to the condition of approval. Mr. Wald and Mr. Valsvik accepted that as an amendment to the motion -- that no additional signage beyond the building sign with 30" high lettering and the pedestal monument sign be allowed. Motion passed unanimously. Case No. V/95-77 A variance to the front yard setback (30' required, 12' requested) for the expansion and renovation of City Hall, 216 N. 4th Street in the PA, Public Administration District. BWBR Architects, applicant. Dick Olsen, Olsen Construction, and Dennis Vonasek, BWBR Architects, appeared regarding the request. Mr. Vonasek briefly went through building plans. Mr. Valsvik, seconded by Mrs. Bealka, moved approval; all in favor. Case No. 377 A request from Monti A. Moreno to delete restrictive covenants limiting the commercial use of a vacant site at 6720 N. Stillwater Blvd. (County Road 5) between KinderCare and Brooks Superette. Mr. and Mrs. Moreno appeared regarding the request to delete covenants to enable him to construct a one-story building, with his hair salon as one of the building uses. Mr. Moreno said he understood some property owners are concerned. However, he said he thought the project would serve as a buffer zone between County Road 5 and the residential area. He noted the property was zoned commercial when the neighbors bought their homes. Speaking in opposition to the proposal were: Janet and Charles Kenning, 2337 Hidden Valley Lane; Steve and Leslie DeMars, 2307 Hidden Valley Lane; Tom and Beth Schwintek, 2327 Hidden Valley Lane; Peg and Leo Lautele, 2317 Hidden Valley Lane; Mick Johnson, 2318 Hidden Valley Lane; and Joni Morris, 2347 Hidden Valley Lane. Concerns raised included: decreased property values; increased traffic congestion and the existing problem with driveway access; the potential for odors from the hair salon. It also was pointed out Mr. Moreno knew there was a restrictive covenant on t he property when he purchased it. Neighbors also voiced a concern about the upkeep of Brooks and the early morning garbage pickup. Mrs. DeMars said the covenant was drawn up following discussions with neighbors and City Attorney David Magnuson. The intent of the covenant is to allow a single professional office building, she said, and she said the allowable uses were carefully thought out. A hair salon was discussed when the covenant was being developed and was not included as a use. Mr. DeMars presented a petition with 79 signatures opposed to the project. Mr. Moreno said he is not asking that the covenant be removed, rather that a hair salon be added as an allowable use under the same kind of business parameters allowed under the covenant. He also said there would be no odors from the salon. Mary and Frank Taylor, 327 Northland Ave., spoke in support of Mr. Moreno. Mr. Elliott said he favored keeping to the letter of the covenant; a covenant, he said, is an absolute promise. He later suggested he thought the issue was a legal question and one the City Council should address. Mr. Hamlin moved to support the covenant to the letter and that a hair salon is not an allowable use under the covenant. Mr. Wald seconded the motion. Mr. Zoller suggested splitting the motion into two separate motions. Mr. Hamlin accepted that amendment. The motion to retain the covenant as written passed unanimously. The motion that a hair salon is not an allowable use under the covenant passed 6-2, with Mrs. Bealka and Mr. Valsvik voting no. The Planning Commission's action will be forwarded to the City Council as a recommendation. 10 be held with the City Council at 7 p.m. Oct. 24; that date was later changed Other business Mr. Russell told members a joint workshop on the comprehensive plan will to Oct. 25. Dorothy Foster has resigned. Mr. Russell said he didn't know if the vacancy should be filled until the comprehensive plan process has been completed. He will bring the matter before the City Council. Mr. Russell gave a brief update on the SuperValu and UBC site proposals. Mr. Hamlin asked that staff check out the comments regarding the early morning garbage pickup at Brooks. Mr. Roetman, seconded by Mr. Hamlin, moved to adjourn at 9:40 p.m. All in favor. Respectfully submitted, Sharon Baker Recording secretary 10