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HomeMy WebLinkAbout1999-05-10 CPC MIN• Planning Commission May 10, 1999 Present: Jerry Fontaine, chair Glenna Bealka, Russ Hultman, Holly Owen, John Rheinberger, Kirk Roetman, Darwin Wald and Tom Weidner Others: Community Development Director Steve Russell Absent: Terry Zoller Mr. Fontaine called the meeting to order at 7 p.m. Approval of minutes: Mr. Hultman, seconded by Mr. Rheinberger, moved approval of the minutes of April 12, 1999. Motion passed unanimously. Case No. V/99-20 A variance to the side yard setback requirements (10 feet required, 5 feet proposed) for construction of a single story addition in the RB Two Family Residential District at 1314 S. Second St. John M. Zoller, representing John R. and Joyce Zoller, applicant. John M. Zoller briefly explained where the addition will be located. The addition will follow the existing house line and will be constructed using materials/colors/roof pitch similar to the main structure. Ms. Bealka moved approval as conditioned. Mr. Rheinberger seconded the motion; all in favor. Case No.SUP/99-21 A special use permit modification to remodel the carriage house kitchen space for the Mulvey Bed and Breakfast at 807 Harriet Drive in the RB, Two Family Residential District. Bob Lafayette, representing Truett and Jill Lawson, applicant. Mr. Lafayette explained the request is to remodel the kitchen space in the carriage house to include a bath and bedroom. The space is not part of the B&B, he pointed out. He said the space will be used by visiting family members, and he said the Lawsons would be willing to sign a covenant stipulating that the space could never be rented out. Mr. Fontaine asked Mr. Russell about the feasibility of requiring a covenant. Mr. Russell noted the carriage house is a separate parcel from the main structure, and there is some question as to how the covenant might apply if the carriage house is sold at some point in the future. In the discussion, it was noted the city's ordinance would preclude future use as a B&B because of the 900 foot rule; however, it could be used as a single-family residence. Mr. Russell noted there is an issue of potentially using the space as part of compensation for staff. Mr. Lafayette reiterated the Lawsons willingness to sign a covenant restricting the use of the space to family members only. Mr. Weidner moved to deny the request based on a concern about the potential for problems if the properties ever change hands in the future and the difficulty of policing the use of the space. • • Planning Commission May 10, 1999 Mr. Rheinberger seconded the motion. Motion to deny passed 5-3, with Mrs. Bealka, Ms. Owen and Mr. Fontaine voting against. Case No. V/99-13 A variance to the side yard setback (5 ft. required, 1 ft. requested) for construction of a detached garage at 510 N. Fifth St. in the RB, Two Family Residential District. Gilbert Gragert applicant. This case was continued from the April meeting. Mr. Gragert reviewed changes made from the original proposal. He said he had reduced the length and width of the garage, increasing the side yard setback to three feet and the front setback to 16 feet. He said further changes would be precluded by the location of the white pine tree; City Forester Kathy Widin has advised him the structure should be no closer than 15 feet in order to avoid potential damage to the tree. Mr. Weidner noted that when the request was initially heard, members expressed a concern about the garage eaves being on the property line and asked if the three foot setback included the eaves; Mr. Gragert responded in the affirmative. Mr. Roetman noted that a usual condition of approval is that all drainage remain on site. Mr. Fontaine expressed his strong concern about the safety issue of the front setback, stating the Commission had never granted a variance from the required 20 foot setback. Mr. Weidner suggested that considering the low volume of traffic in the Gragert's neighborhood, the safety issue is not as big a concern as in other areas. Mr. Weidner also noted that it is illegal to park on a sidewalk, and if Mr. Gragert does so and neighbors are concerned, neighbors should call the police. Mr. Weidner also noted that Mr. Gragert had made a good faith effort in revising his plans in an effort to meet setback requirements. Mr. Rheinberger moved approval as conditioned, with the additional condition that drainage remain on site; Mr. Weidner seconded the motion. Motion passed 7-1, with Mr. Fontaine voting no. Case No. PUD/99-18 and Case No. SUB/99-19 A concept Planned Unit Development and Resubdivision of 26.18 acres of land into 13 single-family lots, 86 townhome lots and 5.01 acre park located west of County Road 5 and north of 62°a Street North. Tim Nolde, applicant. Present for the discussion were Mr. Nolde and his engineer, James DeBenedit. The request was continued from the April meeting, and Mr. Nolde reviewed changes made since the last meeting. The streets will be public, not private as initially proposed. There will be a 50-foot dedicated right-of-way in the townhome development, 60 foot right-of-way in the single-family lot area; streets will be 27-feet from face to face in the townhome development. Mr. Nolde said the revised plans have been reviewed by the Fire Chief; "hammerheads" will be provided for turnaround in the cul-de-sacs. 2 Planning Commission May 10, 1999 Mr. Weidner asked about the staff recommendation. Mr. Russell said the recommendation is to continue reviewing plans based on additional information but to made a decision on either granting concept approval or continuing the request at this time. Mr. Rheinberger, seconded by Mrs. Bealka, moved concept approval of Case No. PUD/99-18 as conditioned. Motion passed 7-1, with Mr. Weidner voting no. Mr. Rheinberger, seconded by Mr. Wald, moved approval of Case No. SUB/99-19. Motion passed unanimously. Mr. Roetman, seconded by Mr. Wald, moved to adjourn at 8:20 p.m.; all in favor. Respectfully submitted, Sharon Baker Recording Secretary • n U 3