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HomeMy WebLinkAbout11/13/1991 P&Z MinutesDESIGN REVIEW BOARD NOVEMBER 13, 1991 Chairperson Fred Chase called the meeting of the Design Review Board to order at 7:02 P.M. Those answering to roll call were Al Robinson, John Bergeson, Fred Chase, Robert King and Monika Slatten. Engineer Dan Boxrud; City Planner, John Miller and support person, Joyce Lund were also present. CONSIDERATION OF MINUTES Robert King moved to approve the minutes of the October 9, 1991 meeting. John Bergeson second the motion and the motion was approved unanimously. OPEN MIKE No one was present who wanted to speak under open mike. CONSIDERATION OF MINOR SUBDIVISION FOR TOM BRUNNER DRB APPLICATION 91 -19 Mr. Brunner was in the building, but out of the room so Robert King moved to place this item farther down on the agenda. Al Robinson seconded the motion and it carried unanimously. CONSIDERATION OF VARIANCE BY R. J. MOSER, FOR MIKE FIX AT 6457 FAWN LANE, DRB APPLICATION 91 -46 John Miller addressed the board. R. J. Moser Builder, Inc. constructed the residence at 6457 Fawn Lane in March if 1991. At that time an "as built survey" showed the home did not meet the required five foot setback. The home is four and three tenths inches (4.3) from the property line. The set back limit if five (5) feet. Mike and Carol Fix are concerned that this may cloud title to the property or in some other way make its future sale difficult. The applicants are asking for an after - the -fact variance. There are two ways to approach the problem: one is to arrange a land swap, and the other is a variance. Robert King asked on the side of the property that is to close to the property line, what is on the adjacent property. John Miller said it is the neighbor's garage. Al Robinson made the motion to deny the request for the variance with the stipulation that Mr. Moser would acquire land from adjacent neighbor. Robert King seconded the motion. John Bergeson asked if the land swap cannot be accomplished, does 2 1 1 1 1 1 1 DESIGN REVIEW BOARD NOVEMBER 13, 1991 it mean he cannot come back for a variance. John Miller said he could come back for the variance, or the issue could be tabled, the problem solved and then come back for the variance. Fred Chase asked if the neighbor gave up property would the frontage of his property be undersized. John Miller explained they would use the triangle approach. The apex of the triangle would be at the street and the base at the garage. This way the frontage would remain the same and still meet code. John Bergeson said it appeared from the survey that the back lot lines are not in line, and the back yard would be an odd shape. Fred Chase suggested that this item be tabled. Voting on the motion to deny the variance, nay and the motion fails unanimously. Monika Slatten made the motion to table DRB Application 91 -46 until the parties explore the avenues mentioned by John Miller in the staff report in regard to a land swap. Al Robinson seconded the motion, it was carried unanimously. Robert King made the motion to return to aganda item #4, the Consideration of a minor subdivision for Tom Brunner, DRB Application 91 -19. Monika Slatten seconded the motion and it carried. CONSIDERATION OF A MINOR SUBDIVISION FOR TOM BRUNNER DRB APPLICATION 91 -19 Tom Brunner addressed the board. He said the situation remains the same as before, with the previous owner wanting to retain 50 feet on the north side from east to west next to Outlot A. John Miller addressed the board with a change in a minor subdivision since Design Review Board and City Council approval. Other issues are 1) fill has been brought in the back of the property, if it is less than 50 yards Mr. Brunner will not need a Conditional Use Permit. Mr. Brunner has produced a receipt for the fill and not enough fill was brought in so it is no longer an issue. John Miller recommended that Mr. Brunner contact agencies to determine if wetlands have been filled. 2) use of the property. There are numerous other cars and trucks parked on the back of his property. Monika Slatten asked what time frame was needed for Mr. Brunner to remove the parked cars and trucks from his property. Mr. Brunner stated the vehicles have all been moved, and he owns a tow truck and drives it as his personal vehicle. 3 DESIGN REVIEW BOARD NOVEMBER 13, 1991 Peggy Carol addressed the board. Her first concern is the vehicles that are on the adjacent property. This is the first day since October 1990 that the cars and trucks are gone. Another concern is that their property backs up to wetlands and she would like assurance that it will always remain as wetlands. Robert King moved to recommend approval of a minor subdivision, DRB Application 91 -19 to the City Council. Fred Chase was interested in including the three issues in the report by John Miller. John Bergeson seconded the motion to include issues of land use and wetland protection be resolved as in items 1 - 3 in John Miller's recommendation. Motion carried unanimously. CONSIDERATION OF SUBDIVISION FOR MARCEL EIBENSTEINER, DRB APPLICATION 91 -47 Marcel Eibensteiner addressed the board. He has purchased the property contingent on an acceptable report from soils testing. This plat was previously known as Lake Crest, and now has formed the new subdivision of Black Duck Estates Second Addition with 28 lots. He is aware of the high water table and is having soil tests done, but with drain tile and split entry homes he is confident the plat will work. The left cul -de -sac is 75 feet from the 883 water line, so lot #2 will be eliminated and the right street will be moved over to be in accord with Black Duck Estates. Dan Boxrud addressed the board. He said the developer is aware of the water table issues. The land use is urban residential. The Outlot A and B must be rezoned to maximize the number of lots. The west cul -de -sac is 600 feet long and needs a variance. Al Robinson asked a question about the proposed pond, where will the water drain. Mr. Boxrud said it goes into a storm sewer at Lantern Lane and then to Reshanau Lake. Monika Slatten stated concern for the names in the plat, they were confusing. Mr. Boxrud explained the city planner will rename all of the streets. John Bergeson asked if a provision had been made for the driveway. Mr. Boxrud said yes. Mr. Bergeson also asked about park fees, Mr. Boxrud said they were paid a long time ago, but the plat will go before the park board for trail review. 4 1 1 1 1 1 1 DESIGN REVIEW BOARD NOVEMBER 13, 1991 John Bergeson made the motion to recommend to the City Council approval of a subdivision for Marcel Eibensteiner, DRB Application 91 -47 subject to conditions (1 -12) outlined in memo of 11 -08 -91 by Dan Boxrud. Monika Slatten seconded the motion. Ms. Slatten amended the motion to include the addition of park trails that will be considered by the Park Board. Robert King seconded the amended motion and the motion carried unanimously. The board recommended that the amendment be considered #13 in Mr. Boxruds memo. John Bergeson made the motion to recommend to the City Council approval of a variance for the most easterly cul -de -sac that runs about 600 feet in length for reasons as outlined in the memo from Dan Boxrud. Al Robinson seconded the motion, and the motion carried unanimously. CONSIDERATION OF A SUBDIVISION AND REZONE FOR DRB APPLICATION 91 -48 FOR KEITH EIBENSTEINER Keith Eibensteiner addressed the board. It was explained that about two months ago he brought three different sketches in for review, staff and advisory boards agreed on the plan being submitted because of fewer double sided lots. This land was previously platted as Lake Estates #7. There is a need to rezone Outlot J from neighborhood business to make the neighborhood the same. Several lot sizes have been changed. Dan Boxrud addressed the board. Mr. Boxrud stated the water table is the key issue, plus dealing with the Army Corps on the wetland issue in the northeast corner of the plat. Corps approval will determine limits of the proposed pond. Digging the pond will generate dirt to be used as fill for the homes. There is a cul -de- sac and a double sided lot that will each need a variance. John Bergeson asked which was the frontage sided lot. Mr. Boxrud explained that it was lot #10. John Bergeson moved to recommend to City Council approval of the preliminary plat for Black Duck Estates DRB Application 91 - 48 including comments 1 - 10 by the Engineer in his memo of 11 -8 -91. Robert King seconded the motion. The comment was made that the Park Board has not seen the preliminary plat. Monika Slatten moved to amend the motion to include approval of the Park Board. Al Robinson seconded the amended motion and the motion carried as amended. Monika Slatten moved to recommend to City Council approval of a rezone from neighborhood business to R -1 as described in DRB 5 DESIGN REVIEW BOARD NOVEMBER 13, 1991 Application 91 - 48. John Bergeson seconded the motion. The motion passed unanimously. Robert King moved to recommend to City Council approval of a variance for cul -de -sac length as described in DRB Application 91 - 48. Monika Slatten seconded the motion and it carried unanimously. Robert King moved to recommend to City Council approval of a variance for the double -sided lot, Lot #10, Block 2. Monika Slatten seconded the motion and it carried unanimously. INFORMATION CONCERNING A VARIANCE FOR JOHN KENNY DRB APPLICATION 91 - 29. Material is included in the Design Review Packet as correspondence between WCCO and John Kenny. There is a pending sale of WCCO to CBS and the negotiations between WCCO and John Kenny are still pending. Robert King moved to table DRB Application 91 - 29 until the December 11, 1991 meeting. Al Robinson seconded the motion and the motion carried unanimously. CONSIDERATION OF A NEW AGENDA ITEM 8 - A, REQUEST FROM LINDA AYDE FOR AN INTERPRETATION OF "NON- CONFORMING STATUS" Linda Ayde 7923 24th Avenue North addressed the board. The applicant owns 10 acres of land and wants to demolish five accessory buildings (totaling 2,978 square feet) and build a new addition to their barn and a garage (totaling 2,400 square feet) to replace them. John Miller explained the 10 acres is in a rural reserve district the actual "rural" land use will not change for many years, the applicants are allowed 2,400 square feet in accessory buildings. The applicants have more square feet than that now. The applicants would not be allowed to get a building permit to build that many square feet, but "trade -in" makes it a different question. Fred Chase stated that if the new would be less than the old, that would be just fine. Linda Ayde stated that it was explained to her that the largest hurdle would be with her neighbors. So she met with them and had them sign the petition that is enclosed in the packet. Al Robinson said the applicant is wishing to build almost 6,100 square feet over the 2,400 allowed and he cannot justify that. 6 1 1 1 1 1 1 DESIGN REVIEW BOARD NOVEMBER 13, 1991 Others have asked and the answer has been NO because thats what the ordinance states. Robert King moved to deny the request as submitted by Linda Ayde because of the additional square footage that will be added. Al Robinson seconded the motion and it carried unanimously. CONSIDERATION OF THE PIPELINE ORDINANCE John Miller stated that he had no report this month. Robert King moved to table the Pipeline Ordinance, Monika Slatten seconded the motion and it carried unanimously. CONSIDERATION OF THE ZONING ORDINANCE Chairperson Fred Chase has given John Miller technical corrections that need to be made. CONSIDERATION OF OLD BUSINESS There was no old business. CONSIDERATION OF NEW BUSINESS 1. John Miller reminded the board that three members will have their terms expire in December. Those members are Robert King, John Bergeson and Fred Chase. Mr. Miller said that if any of those persons wish to continue to be on the board them must submit their intentions with the city clerk, Marilyn Anderson. Fred Chase asked if the terms could be staggered, so that so many would not be leaving the board at one time. 2. John Miller brought the matter of driveway width to the attention of the board. One hundred per cent of the R1 -X homes and about 50 per cent of the other building permits for new construction have have triple garages. There was a Planning Management Meeting this afternoon and it was recommended that the 26 foot driveway width be expanded to a maximum 32 foot width. Al Robinson said that on smaller lots of about 75 foot width, the new 32 foot wide driveway would not leave much green. Al Robinson made the motion to extend the driveway width to 32 feet where desired. Robert King seconded the motion. Monika Slatten asked about increase in run -off, Fred Chase remarked about outdoor parking and other issues like snow removal. John Bergeson said that on cul -de -sac lots where frontage is 50 feet 7 DESIGN REVIEW BOARD NOVEMBER 13, 1991 frontage that would not leave much room for snow etc. The motion failed to pass. Robert King moved that this issue be sent back to city staff for further investigation to consider the problems involved. Monika Slatten seconded the motion. The motion carried unanimously. Robert King moved to adjourn and Al Robinson seconded the motion, all were in favor of adjournment. 8 1 1 1