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HomeMy WebLinkAbout2020-11-19 CPC MINa e4� INSF MINNESOTA PLANNING COMMISSION MEETING MINUTES November 19, 2020 REGULAR MEETING 7:00 P.M. Chairman Lauer called the meeting to order via Zoom at 7:01 p.m. Present: Chairman Lauer, Commissioners Dybvig, Hansen (left at 8:49 p.m.), Kocon, Meyhoff, Steinwall, Councilmember Collins Absent: None Staff. City Planner Wittman APPROVAL OF MINUTES Possible a roval of minutes of October 28 2020 regular meetin Motion by Commissioner Dybvig, seconded by Commissioner Meyhoff, to approve the minutes of the October 28, 2020 meeting. Motion passed 6-0-1 with Commissioner Hansen abstaining. IQ 9 01►0IM 1111001 There were no public comments. CONSENT AGENDA There were no items on the Consent Agenda. PUBLIC HEARINGS Case No. 2020-50: Consideration of Variances associated with the construction of an attached garage and porch on the property located at 805 3rd_Street_North—in the RB district. Charles_ and Am, 1y lard, property owner — POSTPONED FROM 10/28/20 MEETING. City Planner Wittman explained the application. The applicants are seeking to add a 480 square foot attached two stall garage with a 190 square foot screened in porch behind it. The existing small garage will be removed. The proposed new garage will be large enough to alleviate winter parking issues, which are exacerbated by being at the end of a dead-end road. The owners would additionally like to attach a screen porch to the rear (east) side of the home. This proposed addition will require the following variances: 1) a variance to allow an attached garage to be set back a total of I V from both interior side yards, whereas the minimum combined side yard setback is 15'; 2) a variance to allow for a screened porch to be set back 20' from the top of the steep slope, whereas 30' is required. A letter was received from the neighbors, the Smiths, expressing concern about potential damage of one tree that is close to the property line. Staff finds the proposed addition meets the standards set forth for the issuance of a variance. Practical difficulties, such as the lack of a usable garage and the property being flanked by steep slopes, have been established. Therefore, staff recommends approval of the variances with six conditions. Condition #6, added by staff after writing the staff report, states "trees and root zones close to the new driveway will be protected." Charles Hard, applicant, stated the current garage is too small. Commissioner Steinwall asked if the applicant explored other options for the screen porch to avoid the steep slope variance. Planning Commission November 19, 2020 John Sharkey, builder, explained they wanted the porch to be attached to the home which necessitates the variance. Commissioner Dybvig asked if the garage rooftop could be screened to create a three season porch. Mr. Sharkey said that would add mass and would not be in keeping with the historic home. Chairman Lauer opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Meyhoff, seconded by Commissioner Kocon, to approve Case No. 2020-50, variances associated with the construction of an attached garage and porch at 805 3rd Street North, with the six conditions recommended by staff. Commissioner Steinwall voiced concern about the steep slope variance. She sees no practical difficulty or need for the porch. Commissioner Dybvig acknowledged that the increase in impervious surface will generate more runoff which can cause erosion. He suggested a condition stating that the patio shall be constructed of a pervious material. Mr. Sharkey said they plan to make the patio surface 100% pervious. Commissioners Meyhoff and Kocon agreed to add Condition #7 to the motion, stating "the rear yard at -grade patio will be constructed of permeable materials." All in favor. Case No. 2020-54: Consideration of Zoning Map Amendment, Preliminary Plat and associated Variances for White Pine Ridge, a proposed subdivision to be located at 12950 75th Street North, in the AP district. Jon and Ann Whitcomb, property owners — POSTPONED FROM 10/28/2020 MEETING. Ms. Wittman stated that Jon Whitcomb of Browns Creek West LLC has applied for rezoning, preliminary plat and associated variances for a 14-lot single family development to be known as White Pine Ridge. The site is located at 12950 75th Street North and contains 8.81 acres owned by Mr. Whitcomb and .24 acres (10,264 square feet) of property owned by the Lohmer Trust. The smaller parcel of land, located directly to the east, is proposed to be used exclusively as right-of- way. The applicant has requested: 1) rezoning of the property from AP, Agricultural Preserve, to TR, Traditional Residential; 2) preliminary plat known as White Pine Ridge for 14 single family lots; 3) a 25' variance to the 100' setback from CR 12 for Lot 1, Block 1; and a 250' variance to the 600' maximum cul-de-sac length. The Planning Commission is requested to review and make a recommendation to the City Council on the rezoning and preliminary plat. City staff recommends approval of the preliminary plat, rezoning, and an 80' CR 12 setback and cul-de-sac variances with 30 conditions. Commissioner Steinwall said she is not sure that the dry pond proposed in the northwest corner, at one of the highest points of the property, is going to serve the stormwater requirements, given proposed Condition # 19 that the developer show that all stormwater requirements can be met on site without overtaxing proposed infiltration basins. She feels this condition needs further clarification. Ms. Wittman responded there is concern from the City's engineering department and the Watershed District about the dry pond but staff believes the plan can be modified so that all stormwater requirements can be met on site. Jon Whitcomb, applicant, explained that the Watershed District will have to approve the plan for all the water generated from this site to be accommodated. The dry pond is not at the highest point of the property; its grade is significantly below the grade of all the homes in the northwest corner. Page 2of7 Planning Commission November 19, 2020 Additionally, he has had to illustrate to the Watershed and City engineer that not only will the site manage the water generated, but that the properties to the east will not receive any runoff. The handling of the water has been addressed and that condition has been satisfied. Commissioner Hansen remarked that with similar developments, homebuyers often request variances for decks and porches. He would like to address this issue on the front end, possibly at the time of preliminary plat approval. He would prefer that development applications reflect the acceptable setbacks rather than just putting in a patio door and leaving it open to a future desire for a deck. He will not be in favor of granting variances on these lots in the future. City Planner Wittman answered that staff has been identifying these situations earlier. At the time of building permitting, staff is asking for decks to be shown on plans. However, sometimes a homebuyer wants a bigger deck than the builder proposes. In this development, Lots 8 & 9 run up against the 40' slope setback. That is why staff proposed a condition of approval that variances won't be granted for Lots 8 & 9. Mr. Whitcomb said he understands the concern but the lots and pads in his development are much larger than the lots on the plat to the north. Commissioner Kocon said if the buildable footprint on Lots 8 & 9 will accommodate a deck, then not allowing any variance probably works for everyone as a condition. Commissioner Hansen agreed but he is concerned about all the lots in regard to potential future variance requests. Ms. Wittman said when a preliminary plat is approved, it is with the belief that the City is not going to be issuing variances because the developer is showing a building area where setbacks are met. Commissioner Steinwall said perhaps the condition could say that Lots 1-14 shall be developed in conformance with the Code, rather than just limiting that statement to Lots 8 & 9. Commissioner Hansen replied that ultimately it is assumed that all plans will conform to the Code. He is not sure this needs to be stated but the Commission should be more diligent about saying no when variance requests come up. Chairman Lauer opened the public hearing. Bob Lohmer, 12960 75th St. N., said he has absolutely no plans to develop his property but if he did, it would be on the lower end the way Mr. Whitcomb has shown the road on the south end. Richard Schultz, owner of the property to the east of Mr. Lohmer, suggested the Commission could require the developer to combine Lots 8 & 9 and portion the extra property out to all the other lots. He asked how utilities will be extended and asked about the configuration of the Neal Ave. extension. Ms. Wittman replied that utilities will be extended from the West Ridge development down Northland Ave. where there is a utility easement. Chairman Lauer closed the public hearing. Commissioner Kocon referred to a memo from Deputy Fire Chief Ballis voicing concern that the cul-de-sac is longer than code allows and stating that special approval for such situations has been granted in the past when a developer provided automatic suppression systems in all homes along the road. Also, the cul-de-sac should be no less than 96' in diameter. Ms. Wittman clarified that when a cul-de-sac is 500-701 feet long, it must have a 96 foot diameter and special permission must be granted for cul-de-sacs greater than 750 feet. The future planned Page 3of7 Planning Commission November 19, 2020 roadway has no specified timeline, but Deputy Fire Chief Balls was comfortable knowing that a roadway extension would occur at some future date. Commissioner Dybvig expressed concern that the cul-de-sac may not be shortened for 20 years or more. Meeting the Fire Code is a safety issue. The Commission should look at adding some type of requirement that the homes be sprinklered or that within the next five years, the road goes through. Commissioner Hansen said he would want to make sure if the property to the east is ever developed, that it is not developed from a cul-de-sac off of a cul-de-sac. Ms. Wittman stated one of the challenges of working with multiple property owners is that sometimes there are cul-de-sacs off of cul-de-sacs. She understands the Commission's concern but further restrictions will make these properties difficult to develop unless they all develop at once. Commissioner Steinwall countered that the Commission must review the applications as presented assuming that the neighboring properties may never develop. That may mean for health and safety and fire code compliance, adding another condition that fire suppression be added to all the lots. Commissioner Kocon said either the five most northerly lots should not develop until there is another route out of the development, or a condition should be added requiring fire suppression for the homes on those lots. Mr. Whitcomb stated the 600 feet measurement is from the stub that goes into Mr. Lohmer's property, which is the way the City has enacted this provision in the past. A stub road to neighbor's property has been used in past developments as a reference point to determine the length of a cul-de- sac. If the Commission creates an additional provision in this case, it would set a precedent and he would be very reluctant to have that restriction put on those lots. Ms. Wittman added that she spoke with Deputy Fire Chief Ballis who said that when the length of a cul-de-sac is between 500-701', a 96' diameter is required. While special permission is required for cul-de-sacs longer than 750 feet, when future planned roadways exist it meets the intent of the Code, and fire suppression systems would not be required. Commissioners Steinwall and Dybvig stated there is no planned roadway yet. Ms. Wittman explained what the City requests of developers is to show how future roadways would connect. This is the same design that was used for West Ridge. The City has allowed longer cul-de- sacs when developers showed there are connecting opportunities. She reminded the Commission that the matter will be brought before the City Council with the Commission's recommendation. Commissioner Kocon remarked if the Fire Department is comfortable with the proposal, he would like to see that documented and he would suggest a condition stating that it must be formally signed off by the Fire Department that the proposed cul-de-sac is acceptable with the 96' turnaround. Commissioner Dybvig said he has an issue with a setback variance. He does not think practical difficulty has been shown other than financial, as a way to put four lots in rather than three. He asked what is the compelling reason for the 80' setback? Mr. Whitcomb said the 100' setback is more than the County requirement which is 75'. The City granted itself a setback variance at the Fire Hall and at Maryknoll. Even without the variance, he can still fit four lots in there, but it would mean packing more into a smaller area. Ms. Wittman noted that the original request was a 75' setback but Mr. Whitcomb and she discussed that 80' might be a more reasonable request. Motion by Commissioner Kocon to recommend Council approval of Case No. 2020-54, Zoning Map Amendment, Preliminary Plat and associated Variances for White Pine Ridge, a proposed subdivision to Page 4 of 7 Planning Commission November 19, 2020 be located at 12950 75th Street North, with the 28 staff -recommended conditions, adding Condition #29 requiring a written statement from the Fire Department approving the cul-de-sac length as proposed and a 96' turnaround or the request that the northern lots be sprinklered; adding Condition #30 that the Lohmer property be split prior to approval of the final plat; and adding Condition #31 that the width of Lot 10 be increased to 35'. Motion failed for lack of a second. Motion by Chairman Lauer, seconded by Councilmember Dybvig, to recommend Council approval of Case No. 2020-54, Zoning Map Amendment, and Preliminary Plat, and approval of the cul-de-sac variance, and denial of the setback variance for White Pine Ridge, a proposed subdivision to be located at 12950 75th Street North, with the 28 staff -recommended conditions, adding Condition #29 stating "the Lohmer Trust property shall be split prior to the approval of the White Pine Ridge final plat"; adding Condition #30 stating "the width of Lot 10 shall be amended to 35"'; and adding Condition #31 stating "the preliminary plat shall either obtain Fire Department approval or structures will need to meet fire suppression requirements." All in favor. Commissioner Hansen said he would like the record to show he is OK with a 75' or 80' setback but he also knows that to grant a variance, certain criteria must be met. It appears the plans would work for the applicant without the variance and that is why he voted in favor of the motion. Case No. 2020-57: Consideration of a Variance to the Side Yard Setback Fora pzarne addition to the property located at 313 Pine St.W. in the RB district. Matt and Jeri Hauer, property owners. Commissioner Hansen recused himself from the discussion and vote. Ms. Wittman stated that the applicants are proposing to add a deck and a porch on the rear side of the house, as well as a master bedroom suite above the existing garage and closing in the breezeway to attach to the house. This would require a variance, because the existing garage and the proposed addition above it are only one foot from the side property line. The applicants are requesting a variance to allow an attached garage to be set back Ll' from the side yard setback, whereas the minimum side yard setback is 5'. Additionally, this variance will allow for the combined side yard setback to total 7.7', whereas the combined side yards must total 15' in the RB Zoning District. One letter of opposition was received from Chad and Krista Thomas, 504 5th St. S., voicing concern about drainage and maintenance considering the improvement would be one foot off the property line. Drainage would be directed away from the Thomas property but staff understands the maintenance concerns. This is not reflected in the staff report because it was only very recently received. Before receiving the letter, staff found that the proposed addition meets the standards set forth for the issuance of a variance and that practical difficulties have been established; however the Commission may consider that the variance might not be granted to the full extent requested due to the maintenance concerns expressed by the neighbor. Staff strongly recommends the property owner work with the neighbor to get a private easement for maintenance access. Jeri Hauer, applicant, stated that they had an agreement with the former neighbor that they could build their garage. They have discussed the proposal with the new neighbors who did not express concern until very recently. They are willing to redesign the second story if that is what it takes to get approved. The reason for going over to the edge of the garage was the recommendation of the architect and builder regarding the structural load. They have worked on these plans for three years. Ms. Wittman asked if the applicants plan to rebuild the whole garage or just add the second story. Ms. Hauer replied they had to dig down in back of the garage to see if there were footings in place. Their two options are to rebuild the garage with proper footings for a second story or to do underpinning to support the load above. Their intent is to the keep the same footprint. Regarding the Page 5of7 Planning Commission November 19, 2020 letter from the neighbors, she said they intend to solve the existing drainage issues with the construction. They would consider moving the second story back as suggested by the neighbors. Chairman Lauer opened the public hearing. Chad Thomas, neighbor, said they were a little surprised when they got the packet as they had never seen a drawing of how close the whole mass of the structure was going to be to the property line. They didn't realize that the applicants were also going to request an easement. Ms. Hauer said the easement was Ms. Wittman's recommendation. They hoped to work an agreement out with the Thomases that they could put up ladder, but never would want anything like a driveway easement there. Mr. Thomas replied they are OK with allowing for example a ladder, as long as vehicles won't be driven over trees and bushes. Chairman Lauer closed the public hearing. Commissioners Dybvig, Kocon and Meyhoff said they are inclined to grant the variance as requested. Chairman Lauer said the project will improve the look of the house but he feels going vertical almost right on the property line seems like an encroachment. Mr. Thomas said he would not want to have an easement agreement in writing at risk of future sales of the house. He would prefer a verbal agreement. Ms. Wittman clarified that an easement would be recorded against the property. The Thomases could put a fence up on the property line right now which would restrict maintenance access. The house will look better with the second story but the maintenance component is challenging. Councilmember Collins remarked he would like to see something to protect both property owners in future years. Motion by Commissioner Kocon, seconded by Commissioner Meyhoff, to approve Case No. 2020-57, Variance to the Side Yard Setback for a garage addition to the property located at 313 Pine Street West, with the five staff -recommended conditions. Chairman Lauer said he has no problem with the rest of the proposal but he prefers a formal easement agreement. Motion passed 4-2 with Councilmember Collins and Chairman Lauer voting nay. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. FYI STAFF UPDATES There were no staff updates. ADJOURNMENT Motion by Commissioner Kocon, seconded by Commissioner SteinwaIl, to adjourn the meeting at 9:23 p.m. All in favor. j t Page 6of7 Planning Commission ATTEST: Abbi Wittman, City Planner Page 7of7 Chris Lauer, Chair November 19, 2020