Loading...
HomeMy WebLinkAbout2012-10-08 CPC MINPlanning Commission October 8, 2012 PLANNING COMMISSION MEETING MINUTES October 8, 2012 REGULAR MEETING 7:00 P.M. Chairman Dahlquist called the meeting to order at 7:00 p.m. Present: Chairman Dahlquist, Commissioners Buchanan, Hansen, Kelly, Kocon, Lauer, Siess Absent: None Staff: City Planner Pogge APPROVAL OF MINUTES Commissioner Hansen pointed out corrections needed in the minutes of the September 10, 2012 meeting: in Case 2012-21 the motion was made by Lauer rather than Hansen. In Case 2012-31, identities were switched throughout, so anytime it says Hansen, it should say Lauer including the seconding of the motion. Motion by Commissioner Hansen, seconded by Commissioner Kocon, to approve the September 10, 2012 meeting minutes as corrected. All in favor. OPEN FORUM There were no public comments. PUBLIC HEARINGS Case No. 2012-32. A request for an amendment to a previously approved variance (Case No. 90-73) and consideration of a special use permit for an accessory dwellina unit located at 115 Harriet Street North in the RB. Two Family Residential District. Mark Belay Architects, representing John and Maddv Macindoe.applicants. City Planner Pogge reviewed the request. In 1990, the previous property owner constructed a garage with a variance conditioned upon the second story of the garage being used only as a playroom or storage with no water or sewer services and electric heat only. The current owners would like to convert the garage to a secondary dwelling unit. Ten conditions are recommended by staff, who believe the request is reasonable and recommend approval. Commissioner Kocon asked about parking for the dwelling unit. City Planner Pogge responded there are a minimum of five parking spaces available so parking should not be a problem. Page 1 of 3 Planning Commission October 8, 2012 Architect Mark Balay explained that his client wants to install a bathroom to allow guests to stay in the second story of the garage. There were no public comments. Motion by Commissioner Kocon, seconded by Commissioner Siess to approve the request with the ten conditions recommended by staff. All in favor. Case No. 2012-33. A variance request for the installation of a swimmina pool and associated retaining wall located at 745 Liberty Court in the LR. Lakeshore Residential District. Michael and Peaav Eiselt. applicants. City Planner Pogge explained the request and the site plan submitted by the applicants. They propose to grade, remove trees and add retaining walls to allow construction of a pool. They will not be impacting the conservation easement which is a "no -cut" area. He informed the Commission that Section 31-303(b) of the Lakeshore Residential District states that a) no retaining walls may be constructed to create yard areas or sites for swimming pools; and b) no accessory building or use that results in the cutting of trees or clearing of vegetation are permitted. It would be nearly impossible to construct a pool on the property without a variance to the above standards. City Planner Pogge informed the Commission that staff recommends denial of the variance since it does not meet the practical difficulty standards of the code nor the criteria required for granting of variances. He showed a map indicating Eiselts' property and the no -cut, no -mow line. The ordinance is designed to minimize impacts to the Oak Savannah. Mike Eiselt, applicant, thanked the planning staff for their assistance. He explained that he and his wife have five children and see the pool as an opportunity to entertain not only their children and friends, but also clients as his local company continues to grow. He said the whole lot is "no -cut" so the "no -cut, no -mow" line is a moot point. The trees proposed to be removed are 75 to 125 feet away from the no - cut, no -mow area and are 400 feet away from the lake. He plans on replacing some of the trees in other areas once the project is underway. Commissioner Siess asked about retaining walls planned for the pool. Mr. Eiselt responded the plan is to move the existing retaining walls a bit further from the house in two areas. They will be the same basic size and will not exceed the four foot maximum height. He presented a letter from a neighbor who was unable to attend the meeting, stating that they support the proposal. Debra Charpentier, 725 Liberty Court, stated there are a lot of trees in the area that should be replaced. She feels the applicants have done an unbelievable job on their landscaping and have a good size lot, so she supports the project. Page 2 of 3 Planning Commission October 8, 2012 Commissioner Kocon stated he sees this as a case of the needs of the individual versus the law of the land. The arguments for the proposal are all sound, but zoning and comprehensive plan regulations prohibit it. Oaks are sensitive and are protected in this district. He feels the comprehensive plan must prevail. Commissioner Hansen agreed, stating it's not a practical difficulty. He respects the applicants' desire, but not every lot is suitable for every use; the restrictions in that area are there for a reason. Chairman Dahlquist added that whether the lot itself is suitable or not is part of the question. Some lots in the PUD were larger than others. Motion by Commissioner Kocon, seconded by Commissioner Hansen to deny the variance based on the presentation by staff. All in favor. NEW BUSINESS Chairman Dahlquist mentioned there are openings on the Planning Commission; applications are on the City web site or available by calling City Hall. OTHER BUSINESS There was no other business. ADJOURNMENT Motion by Commissioner Kocon, seconded by Commissioner Siess, to adjourn at 7:47 pm. All in favor. Respectfully Submitted, Julie Kink Recording Secretary Page 3 of 3