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
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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.
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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.
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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
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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.
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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
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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.
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