05-09-2019 Planning Commission Minutes

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MINUTES PLANNING COMMISSION MAY 9, 2019 the City Attorney has reviewed the proposed site plan and confirmed that the Labore Road frontage is considered the front yard, and with a double frontage lot then both street frontages are required to meet the minimum lot width. She stated the applicant is seeking a reduced lot width requirement for Lots 1 and 2 to allow a 17.4 foot lot width on the Labore Road frontage. The Associate Planner stated that the directive of the past City Council will understandably be a factor in your consideration. She noted that city staff asked for input from the City Attorney on this matter and he has indicated that the present Planning Commission and City Council are not bound by past Council decisions. The Associate Planner stated that the 2006 restriction to Labore Road access was agreed to by the Owner, and per the City Attorney was contractual in nature. She stated that as a contract whose terms run with the land, the current Owner is bound to recognize it. Mr. Yargici again is not disputing his understanding of this condition, but is seeking to have that decision reversed. The Associate Planner reported that Mr. Yargici has had discussions with Ramsey County since Keller Parkway is a county road and they have regulatory authority over access approval, and they have indicated that two additional access points could be established along this stretch. She stated that this speaks to the feasibility of access off Keller Parkway. The Associate Planner stated that another piece of the variance review are the two Labore Road side access points. She reported that when staff reviewed the 10 foot -wide driveway proposal with only three feet on either side of the driveway, there is concern for snow storage and it falling onto the neighboring properties. She stated the applicant is seeking two access points off of Labore Road that are each 17.4 feet wide, but an alternative could be one access point with a shared driveway, although noted that there can be issues with shared driveways. She noted that the City Code does not allow for shared driveways but it is not unheard of in other cities. Shared driveways can become problematic for ongoing maintenance and use of space between neighbors, but this is slightly different in that it would be roughly 20% of the driveway that is shared between the two properties. The Associate Planner indicated that Planning Staff has not researched shared driveways, but rather is only suggesting that there may be alternate layouts if the Labore Road access is to be considered. The Associate Planner reported that the City Attorney in their review has reiterated that economic factors such as one access over another may be more expensive to construct or that a tuck under garage is harder to market should not be a basis for granting a variance. She stated the City Attorney has also advised that if the City is to vary from the Keller Parkway access then the landowner is required to present a strong position on damaged to