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HomeMy WebLinkAboutPCMin_94Feb28MINUTES REGULAR PLANNING COMMISSION MEETING FEBRUARY. 28,.1994 7 P.M. PRESENT ABSENT ALSO PRESENT Tom Brace Kay Andrews Susan Hoyt, Administrator Wendy Treadwell Lee Barry Peter Bachman, Attorney Paul Kuettel Lisa Lampi Sam Jacobs, City Council Liaison Ken Salzberg Meetirig was called to order at 7 p.m. by Salzberg in the absence of Chairperson Barry. Minutes of the January 24 meeting were approved as written. REQUEST FOR A VARIANCE TO CHAPTER 9-4.01 SUBDIVISION (4) OF FIFTEEN FEET THREE INCHES (15'-3") TO THE REQUIRED THIRTY FOOT REAR YARD SETBACK, AND TO CHAPTER 9-2.04 SUBDIVISION 1(c) OF TWO FEET THREE INCHES (2'-3"- TO THE REQUIRED FIVE FOOT SIDE YARD SETBACK FOR 1775 . ASBURY STREET. Administrator Hoyt explained that Mr. & Mrs. Theodore Wiger would like to remodel their home and garage at 1775 Asbury Street. The Wiger lot is 96' wide and 75' deep with a square footage of 7,545. Because the lot is shallow, a variance in the thirty foot rearyard setback is required for the proposed construction. Hoyt said three neighboring property owners have responded. The property owners at 1780 N. Snelling Drive expressed concern that a two story addition 14 feet from their property line will infringe on the privacy of their rear year and will have a negative impact on the resale value of their home and so they would oppose granting of the variance. The resident at 1789 Asbury said that without additional information on the exterior house plans she could neither support nor object to the variance request at this time. The property owner at 1770 N. Snelling Drive indicated the variance request does not affect him because his property is not contiguous to the Wigers and, therefore, he has no objection to it. Hoyt introduced Mr. Phil Carlson, City Planning Consultant, who had reviewed the variance request. Mr. Carlson explained that the variance is requested by the Wigers in order to accommodate expansion plans for the kitchen, living room, dining room, and upstairs bedrooms and they believe it necessary to extend west, • encroaching on the rear yard, instead of south into an available lot area. Aside yard setback variance is also requested to replace the existing 18' wide garage to • accommodate a new two story 22' wide garage. Mr. Carlson showed an aerial photo of the Wiger lot. The lot is below the minimum size requirement for the R-1 district. He said the width is adequate but the depth is less than typical or desirable and that such anon-conforming lot may not be more intensively developed. The photo showed there are many shallow lots on the block between Asbury and North Snelling Drive similar to the Wiger lot. He said the ordinance standards in §9-2.02 Subd.8(b) allow alterations, additions, or enlargement of non-conforming uses as long as all other standards (including setbacks) are adhered to. Mr. Carlson stated that since both the house and garage need setback variances, the proposed. project does not meet this standard. Mr. Carlson explained that there is room to expand to the south of the house without needing a substantial variance. He felt that because the rear yards on this block are already shallow and the houses close together, that to allow an encroachment other than a garage would set a negative precedent. Also, Mr. Wiger would need to demonstrate that he cannot meet the ordinance standard without causing a hardship. It has not been shown that expanding the house to the south where a limited variance would be needed would create a hardship, so Mr. Carlson felt a rear yard variance is not justified. However, the side yard variance request for the garage is necessary to avoid a hardship because an adequate size garage would be considered a necessity. • Mr. Wiger, property owner, brought plans for the commission to review showing both the original and the expansion plans. He said that expanding to the south is not an option because the house is a colonial style home and cannot be expanded without making it look "added on". Also, he explained, their side yard is used for recreation and they do not want to lose any of it. He said that if they expanded to the south, a good share of the house would have to be gutted, so to keep it within a reasonable price range and not lose side yard space, expanding to the west made more sense. Mr. Wiger explained the second story on the garage wilt be used for storage of airplane parts that are currently in a rental hanger. Neighboring property owner, Glen Olson of 1780 Snelling Drive, said that he would like to have the variance denied because the Olsons have a small back yard that is landscaped so he and his wife can enjoy some seclusion, especially from Snelling Avenue. He said if the variance were to be granted they would lose this seclusion. Mrs. Helms of 1789 Asbury was also present and expressed concern about the size and appearance of the proposed addition. Commissioner Salzberg asked Mr. Wiger if he would be agreeable to having the variance discussion continued to the March meeting thus giving him some time to investigate the feasibility of expanding to the south. Mr. Wiger said yes, if was necessary. • • After a brief discussion, Commissioner Brace moved to continue the item to the March meeting to allow the applicant time to develop and refine alternative plans that would need little or no variance, and to continue discussions with city staff. Seconded by Commissioner Kuettel and unanimously passed. A PUBLIC HEARING ON A REQUEST FOR A CONDITIONAL USE PERMIT FOR BASEMENT STORAGE OF APPROVED ITEMS AT 1533 TO 1559 WEST LARPENTEUR AVENUE, BULLSEYE SHOPPING CENTER [CHAPTER 9-10.01, SUBDIVISION 21b1 OF THE ZONING CODE] Acting Chair Salzberg opened the public hearing at 8:07 p.m. There being no one wishing to be heard closed the hearing at 8:08 p.m. Hoyt briefly went through the proposed conditions for granting the conditional use permit. Because the commission had previously reviewed this request, they felt no further discussion was necessary and moved to recommend to the city council that the conditional use permit be granted with the following conditions attached: 1. That the shopping center continue to be in compliance with the current Minnesota Uniform Fire Code as it applies to structures of this age and construction including maintenance of sprinkler systems, storage of • materials, access and other items identified in the fire code. 2. That loading and unloading of storage materials be done in a timely manner to minimize any obstructions in the alley. This loading and unloading should be between 8 a.m. and 8 p.m. on Mondays through Fridays and 9 a.m. to 4 p.m. on Saturdays to minimize disruptions to neighboring property owners. 3. That all storage items be light ordinary hazard class and shall not contain mixtures of other hazardous classes, specifically not including items gasoline, oil, batteries, tires and gasoline fired engines and other items considered hazardous by the fire marshal. 4. That no smoking signs be installed and visible in the storage area. 5. That no storage shall a. be over six feet high or within eighteen inches of a fire sprinkler head; b. be within thirty inches of mechanical and electrical flame sources c. reduce the access aisle from 44 inches to make it easy for fire personnel to move about in the space 6. That any stored items not specifically identified in the light hazard class be • reviewed by the fire marshal and approved by the city administrator. 7. That an evacuation plan with proposed storage areas be submitted to the fire marshal for review and approved by the city administrator. Seconded by Treadwell and unanimously approved. ACTION ON ITEMS RELATED TO THE INTERIM DEVELOPMENT MORATORIUM INCLUDING A PUBLIC HEARING ON 1) PROPOSED AMENDMENT TO THE 1991 COMPREHENSIVE LAND USE PLAN BUSINESS SECTION; 2) PROPOSE AMENDMENTS TO THE CITY'S ZONING CODE • 9-1.02 DEFINITIONS SECTION • 908.01,9.01 AND 10.01 COMMERCIAL DISTRICTS RELATED TO PURPOSE AND INTENT STATEMENTS, PERMITTED, CONDITIONAL AND ACCESSORY USES AND ADDITIONAL REQUIREMENTS 3) PROPOSED AMENDMENTS TO THE INTERIM DEVELOPMENT MORATORIUM 5-5.01 FINDINGS AND PURPOSE, 5.02 APPLICABILITY AND 5.04 TERM Salzberg opened the public hearing at 8:12. There being no one wishing to be heard the public hearing closed at 8:13. • After discussing all of the proposed amendments, a recommendation was made to change 9-10.01 Subd. 2 Ih1 to read, Financial institutions with hours open to the public no earlier than 8 a.m. and no later than 6 p.m. An automatic teller machine may operate 24 hours a day. Treadwell moved to adopt the proposed amendment to the comprehensive land use plan, the city's zoning code with the recommended change in 9-10.01 Subd.2lh) (hours of operation of financial institution) adopt all items related to the interim development moratorium as reviewed, and to schedule a workshop for March 9, 1994 with the city council to go over the entire package with them. Seconded by Brace and passed unanimously. Meeting was adjourned at 8:40 Susan Hoyt, Administrator Dee Swenson, Recording Secretary