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HomeMy WebLinkAbout1999-09-13 CPC MIN6 Planning Commission September 13, 1999 Present: Jerry Fontaine, chairperson Glenna Bealka, Russ Hultman, John Rheinberger, Kirk Roetman, Darwin Wald, Tom Weidner and Terry Zoller Others: Planner Sue Fitzgerald Mr. Fontaine called the meeting to order at 7 p.m. Approval of minutes: Mr. Rheinberger, seconded by Mr. Wald, moved approval of the minutes of Aug. 9, 1999. Case No. SUP/99-34 A special use permit for the use of an outside sales area for the proposed Ace Hardware at 1662 and 1650 Market Drive in the BP-C, Business Park Commercial District. Kellison Company, applicant. Chad Bouley was present representing the Kellison Company. He provided cuts of proposed light fixtures that will meet the requirements of the Heritage Preservation Commission. Mr. Rheinberger, seconded by Mr. Wald, moved approval as conditioned; all in favor. i Case No. V/99-36 A variance to the lot size requirements (10,000 square feet required, 7,000 square feet requested) to construct a single family home on Lot 3, Block 7 McKinstry and Seeley's 2°a Addition in the RA, Single Family Residential District. Allen and Laurie Clausen, applicants. Allen Clausen was present for the discussion. He noted they are questing the lot size variance only and will not need a side yard variance as previously thought. He said they intend to use a set of plans so the design of the home will fit in with the existing neighborhood. Mr. Rheinberger asked about a potential drainage problem. Mr. Clausen responded they would do whatever needs to be done regarding drainage issues. Mr. Clausen stated he did not think construction of the new home would exacerbate existing problems, and might improve the situation with the installation of drainage tiles. Mr. Zoller asked if the Clausens owned the lot and what hardship would result from a denial of the variance. Mr. Clausen said they do not own the lot. They might lose $1,000 and would have to look elsewhere for a building site. Mr. Clausen stated he thinks the lot is a buildable lot, and they are 100 percent flexible in plans. Lloyd Zieske, 1404 W. Olive St., spoke in opposition, citing the front footage and drainage problems. He also suggested the configuration (steepness) of the lot would made it difficult to place a house on the lot. 1 Planning Commission September 13, 1999 Jeff and Debbie Main, 1405 W. Olive St., provided a letter of opposition for the record and a list of 24 signatures of residents opposed to the request. The Mains also provided oral comments. Mrs. Main cited existing drainage problems. Bringing in fill to construct a house, she said, may cause the existing storm water flow to back up into neighbors' basements. A 7-house area is impacted by the existing drainage situation. Mr. Main stated there is a reason for a 10,000-square foot lot requirement - to prevent the crowding in of houses. A 50-foot front footage lot is going back to the standards of the past, he said. Ken LeTourneau, 1417 W. Olive St., stated they would have drainage problems if a house is constructed. He also noted there are a lot of large trees on the lot, and stated their preference not to have anything built on the lot in question. Nanette Peterson, 316 S. Grove St., stated her main concern is drainage and said they already have a "stream" going through their back yard. Chuck Heitmiller, who along with his sister inherited the property in question, said he had lived at 1405 W. Olive for many years and they didn't have any real drainage problems. He stated he thought a house could be built and the drainage diverted. He suggested that people just don't want anything built on the lot. Mr. Zoller noted that drainage could be corrected if the applicant is willing to spend enough money. The point, Mr. Zoller said, is that a hardship can't be financial. Mr. Weidner noted that recently the Commission had to grant a subdivision for 50-foot front footage lots on Greeley Street because they were conforming lots. This request, Mr. Weidner said, is an opportunity not to allow additional housing in an area where it doesn't fit, and, he said, the applicant doesn't own the lot and cannot show any hardship in denial. Mr. Wald referred to the problems created by bringing in fill, and Mr. Rheinberger noted that with a non-conforming lot and drainage problems, there is a potential for litigation should the variance be granted. Mr. Rheinberger, seconded by Mr. Hultman, moved to deny the requested variance; motion passed unanimously. Case No. V/99-37 A variance to the accessory building regulations (120 square feet allowed, 392 feet requested) for an addition to an existing 720 square foot accessory building at 2278 Orwell Court in the RA, One Family Residential District. John A. Schultz, applicant. Mr. Schultz was present. He explained that his is a uniquely shaped lot so the accessory structure is barely visible from the street; the lot is just shy of one acre in size. He said in addition to needing more storage space, he is a woodworking hobbyist. He said he considered adding onto the attached garage, but the architectural features of the house would be difficult to match; also electrical cable was placed outside the utility right-of-way and is located near the garage where the addition would be. He said the use of the accessory structure would be strictly personal and would not be a home-based business. The addition would not require much grading and would 2 Planning Commission September 13, 1999 not require any trees to be removed; he said the intent is to made the addition and existing structure appear as a single building. He said he had contacted all the adjacent neighbors and 12 signed a letters of support. Mr. Weidner noted the existing accessory structure is near the back property line and asked if the property owner to the rear of Mr. Schultz's lot had signed the letter of support; Mr. Schultz responded in the affirmative. Tim Press, 2276 Orwell Court N., stated his lot is the closest to the existing structure; none of the other property owners have a direct line of sight as he does. He said he is concerned about the largeness of the proposed structure and is concerned that should the property change hands, the structure might be put to some other use. He said he was concerned about the precedent that would be set in granting the request. During the Commission discussion, several members spoke of the uniqueness of the Penthouse Acres subdivision, where the property is located, a subdivision of large lots and a subdivision unlikely to be served with sewer or water in the future. Mr. Weidner suggested that the addition fits the character of the neighborhood. Mr. Rheinberger, seconded by Mr. Hultman, moved approval as conditioned. Motion passed 7-1, with Mr. Fontaine voting no, agreeing with the concern about the potential for a change in use of the structure in the future. Case No. SUP/99-38 A special use permit to assume the operation of the Rivertown Inn Bed and Breakfast at 306 W. Olive St. in the RB, Two Family Residential District. Jeff and Julie Anderson, applicant. The applicants were present and briefly explained their plans. Mr. Anderson said letters had been sent of all neighbors informing them of the Andersons' plans; they will have a live-in manager. Mr. Zoller asked if the conditions were the same as under the previous owners. Ms. Fitzgerald explained there is a change in that an on-sale wine license was granted the previous owners; that license has been transferred to the Andersons. Linus Sullivan, 206 S. Fifth St., said he had no objection to the B&B and encouraged approval. Paul Lacy, 318 W. Olive St., stated he was "excited" about having the Andersons assume ownership of the property/business. Mr. Rheinberger, seconded by Mr. Wald, moved approval as conditioned; all in favor. Other business • Regulation of auto repair facility: Ms. Fitzgerald asked if the Commission wanted to set a hearing for the October meeting. Since Mr. Fontaine, Mr. Rheinberger and Mr. Wald all will be gone for the October meeting, Ms. Fitzgerald will check to Mr. Russell as to when the hearing should be scheduled. 3 Planning Commission September 13, 1999 • Mr. Zoller referred to a Sept. 22 open house being conducted by the Met Council to explain preferred growth design for the new bridge planning area. He said it would be nice for Commission members to receive information about the meeting; Ms. Fitzgerald said she would forward the information to members. • Mr. Fontaine, Mr. Hultman, Mr. Roetman and Mr. Rheinberger all attended the Sept. 1 Joint Board public hearing regarding the Bergmann property development proposal. Mr. Zoller invited members to attend the Sept. 15 Joint Board meeting when a decision is expected. Mr. Rheinberger, seconded by Mr. Wald, moved to adjourn at 8:20 p.m. Respectfully submitted, Sharon Baker Recording Secretary 4