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HomeMy WebLinkAboutPCMin_93Aug23MINUTES • REGULAR PLANNING COMMISSION MEETING AUGUST 23, 1993 PRESENT: ABSENT: ALSO PRESENT: Tom Brace Kay Andrews Susan Hoyt, Administrator Lee Barry Lisa Lampi Paul Ciernia, Council Liaison Paul Kuettel Ken Salzberg Meeting was called to order at 7:30 by Lee Barry, Chair. Minutes of the July 26 meeting were approved as written. Welcome was extended to the new planning commissioner, Tom Brace. REQUEST FOR A VARIANCE OF TWO FEET IN THE REQUIRED FIVE FOOT SIDEYARD SETBACK FOR 1817 SIMPSON STREET IN AN R-1 ZONE, CHPT 9, X2.04 SUBD. 1(d) OF THE ZONING CODE. Margaret Sampson, property owner, was represented by her daughter who said her mother, Mrs. Sampson, would like to replace her existing 12' X 20' single car garage with a new 24' by 24' garage. The present garage which is approximately 50 years old and beginning to tilt is 3' from the north side property line and 34' from the rear property line. She said Mrs. Sampson would like to construct a new double garage 3' from the north side property line and 12' from the rear property line in order to provide adequate access in and out of the new garage. None of the neighbors have objected. After a brief discussion, Kuettel moved to grant the variance for the construction of a new double garage for the following reasons: • the amendment to the variance will not substantially diminish or impair property values or improvements in the area; • the amendment to the variance is necessary for the preservation and enjoyment of substantial property rights; • the amended variance will not impair an adequate supply of light and air to adjacent property; • the amended variance will not impair the orderly use of the public streets; and • the amended variance will not increase the danger of fire or endanger the public safety. Seconded by Salzberg and unanimously approved. CONSIDERATION OF THE ADOPTION OF THE UNIFORM HOUSING CODE WITH • SOME REVISIONS. Hoyt reported that two years ago a recommendation was made to the planning commission and to the city council that the city adopt a housing code that could be used when the health and safety of residents is threatened by the condition of a dwelling unit. She said it is easier for Ramsey County health officials to enforce health standards when a housing code is in place. After some research, she said staff would recommend adopting a uniform housing code now to have in place if this type of situation should arise. A program could be considered for issuing a "certificate of occupancy" for apartment buildings in the future. The city could also consider a "truth-in-housing" program. A copy of an ordinance amending the city code relating to the adoption of the uniform housing code with proposed amendments was handed out. A discussion by the commissioners followed regarding the adoption of the Uniform Housing Code. Commissioner Salzberg mentioned that some communities require a truth-in-housing inspection when a house is sold so if it was substandard it would have to be brought up to code before it could be sold. Commissioner Kuettel suggested that perhaps it would be a good idea to check other communities to find out if they have housing codes and if they worked. Hoyt said this was being done. After more discussion, the commissioners recommended that a date be set for a public hearing on the proposed adoption of the uniform • housing code possibly in October. DISCUSSION OF PROPOSED CHANGES IN THE HOME OCCUPATION REQUIREMENTS §9-14.02 SUBD. 25. Because there has been an increase in home occupation requests, the planning firm of Dahlgren, Shardlow and Uban was asked to review the city's home occupation code to see if it met the city's needs. The commission discussed Dahlgren, Shardlow & Uban's recommendation that "normal residential traffic should be maintained" as stated in our current home occupation ordinance should be amended to specify a particular number of trips per day. Perhaps 4 - 6 depending upon the type of business. Dahlgren, Shardlow & Uban also recommended specifically listing permitted or non-permitted uses as home occupations. This is not done in the current code which allows any use that does not disrupt the character of the neighborhood. Currently, a home occupation that does not meet the requirements of the code may apply for a conditional use permit. Hoyt recommended this procedure be replaced with the variance procedure. A variance procedure would require the applicant to demonstrate hardship due to the requirements of the code. If a hardship is truly . demonstrated it can be approved; if not, it can be denied. Another item to be considered may be limiting the percentage of floor area to be used. The commission discussed whether 25% of floor area is reasonable and enforceable. (The complete letter listing all recommendations from Dahlgren, Shardlow & Uban is on file.) Hoyt agreed to put together a proposal for the discussed changes in the home occupation requirements and bring back to the September meeting. 1994 CAPITAL IMPROVEMENT PROGRAM After reviewing the 1994 draft capital improvement program, Commissioner Salzberg moved to approve the CIP noting that the planning commission has reviewed it and it conforms to the city comprehensive plan. Seconded by Commissioner Brace and unanimously approved. UPDATE ON THE COMMERCIAL ZONING MORATORIUM Hoyt briefly updated the commission on progress of the moratorium. Meeting adjourned at 8:40. Susan Hoyt, Administrator/Planner Dee Swenson, Secretary U