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HomeMy WebLinkAbout10-19-2005 PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting October 19, 2005 New Brighton City Hall 803 Old Highway 8 NW, New Brighton, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m. October 19, 2005. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Miller, Zwirn, Hegland, Hull, and Stevenson Absent and Excused: Commissioner Scotch and Meehlhause Also Present: Community Development Director Ericson and Planning Associate Heller ______________________________________________________________________________ Index to Minutes Page Planning Case VR2005-013. Consideration of a Variance Request for a Driveway Extension/Parking Area and Lean-to Garage Addition within 1 Foot of the Property Line. 02 ______________________________________________________________________________ 3. Approve Minutes September 21, 2005. MOTION/SECOND: Miller/Zwirn. To approve the Minutes of the September 21, 2005 regular Planning Commission meeting as slightly amended. Ayes –5 Nays – 0 Motion carried. ______________________________________________________________________________ 4. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ Mounds View Planning Commission October 19, 2005 Regular Meeting Page 2 ________________________________________________________________________ 5. Planning Case VR2005-013. Consideration of a Variance Request for a Driveway Extension/Parking Area and Lean-to Garage Addition within 1 Foot of the Property Line. Planning Associate Heller reviewed the staff report indicating the applicant, Dan Kelner, 8036 Fairchild Avenue, is requesting a variance to permit a driveway/parking area extension along the side of the garage with a lean-to covering it, built onto the side of his garage within one foot of the south side property line. Most of the lean-to structure has already been constructed and the concrete extension is complete – both without a permit. Mr. Kelner, after receiving notification that the construction was in violation of code requirements, stopped and applied for a variance. Planning Associate Heller stated for approval of the request there needs to be a demonstrated hardship or practical difficulty associated with the property. There are no extraordinary circumstances; the applicant would not be deprived of commonly enjoyed rights; granting the variance would confer a special privilege; and stormwater runoff would most likely drain onto the adjoining property. Planning Associate Heller noted the Planning Commission received one letter from a neighbor supporting the requested variance. However, due to the above noted, she recommended the Planning Commission deny the variance as requested. Chair Stevenson opened the public hearing at 7:07 p.m. Chair Stevenson asked what the condition of the driveway was prior to purchasing the property. He also asked how long the concrete had been in before the lean-to construction was started. Mr. Kelner replied he purchased the property in 2000 and at that time the driveway construction was already there, but with gravel and weeds. The neighbor had no objection with him replacing the driveway extension with concrete. He added the concrete was poured about a week before construction on the lean-to was started. Chair Stevenson asked if the construction is seven feet wide from the garage. He also asked if the driveway was raised when it was put in. Mr. Kelner replied there is approximately one foot to the property line. He added the driveway was raised prior to 2000 and timbers were put in. Commissioner Miller stated the construction cannot really be seen from the road due to trees. She asked if the lean-to is being constructed to protect what will be parked there. Mr. Kelner replied the construction was considered a repair, not an extension of a footprint. He added he is thinking of putting a boat in the lean-to. Commissioner Zwirn asked if there are plans to put a roof on it. Mr. Kelner replied yes. He added the reason he failed to apply for a permit on the lean-to was that in reading through materials provided by the City he believed a lean-to did not qualify in any of the categories. Mounds View Planning Commission October 19, 2005 Regular Meeting Page 3 ________________________________________________________________________ Chair Stevenson stated code clearly indicates any construction cannot be within five feet of the property line. Mr. Kelner asked if he was referring to the lean-to or driveway. Chair Stevenson replied both. Mr. Kelner asked if there is an exception of a one-foot setback if the owner has approval of their neighbor. Director Ericson replied the code was changed last year to eliminate the one-foot provision. He added the City has previously granted variances for a driveway that is closer than one foot to the property line; however, any construction does need to be five feet from the property line. Chair Stevenson stated the City is trying to get items such as boats and trailers removed from the sides of homes if they are not on hard approved surfaces. He added if the applicant came in prior to concreting the driveway the Commission might have allowed it, but would not have approved the lean-to because run off from the roof would be going onto the neighbor’s property. Mr. Kelner replied he was going to put gutters on the lean-to. Chair Stevenson replied this would be encroaching more into the neighbor’s property. He added he is inclined to allow the concrete but have the extension of the garage removed. Commissioner Zwirn stated the issue is that concrete has been placed over a surface that was porous so now runoff will go into the neighbor’s property. Mr. Kelner replied the concrete was put in before the heavy rainfall a few weeks ago and the neighbor had no problems. Commissioner Hegland asked which way does the concrete pitch and is it away from the garage. Mr. Kelner replied he made a point to slope it out to the front of the house. Chair Stevenson asked if any timbers were removed from alongside the garage. Mr. Kelner replied no, the timbers are all where they were when the property was purchased. Commissioner Hegland asked if the garage is attached to the house and if there are full footings under the garage. He also asked if there are full footings on the lean-to and, if so, are they below the frost line. Mr. Kelner replied the garage is attached to the house and has full footings. He added the lean-to timbers are buried underground but not below the frost line; however, they have not moved as far as he knows. Commissioner Miller stated the outline of what was there is not changing; therefore, she could go along with the concrete but not the lean-to. Chair Stevenson stated it looks like it would be pretty easy to remove the lean-to because he does not see the body approving it. He added if the property is sold, there could be an issue with the property line or what is built on it. Mr. Kelner replied he would be willing to take it down, but would like to put up fencing around it which he believes could be built close to the property line. Chair Stevenson replied a fence could be installed right alongside the pad, but within his property line. Commissioner Hull stated he is against the lean-to because of the overlap. Mounds View Planning Commission October 19, 2005 Regular Meeting Page 4 ________________________________________________________________________ Mr. Kelner asked what if he moves the footings back and concretes them in. Commissioner Miller replied the construction is still less than five feet from the property line. Director Ericson stated there is sufficient justification to allow the concrete to remain. He added Staff could go to the site and see what the actual run off impact would be. The Commission could make a motion to direct Staff to prepare the resolution but take action tonight. Chair Stevenson replied a resolution approving the concrete and denying the lean-to could be approved contingent upon the run off impact analysis. Mr. Kelner asked for clarification of the decision that the lean-to must be removed, the concrete driveway can remain in place, and the run off will need to be away from neighbors. He stated he predicts there will be some water that will run off into the neighbor’s property. He added he could just put a lip or something on the edge to prevent water run off. Chair Stevenson replied there is always a minor amount of run off, but measures will be required. Director Ericson replied there might be no need to do anything if most of the water remains on his property. Commissioner Miller stated when the neighbor sent the construction approval letter she might not of been thinking about water run off. She asked if the applicant has the right to appeal the Commission’s decision to City Council. Director Ericson replied yes. Mr. Kelner replied he is not going to appeal. Commissioner Hegland stated the applicant could revise the request just to an improved surface. Director Ericson replied if Mr. Kelner drafted a short letter stating he would like to remove the lean-to from the request but keep the surface this would make the request clean. Mr. Kelner asked when the lean-to structure would have to be removed. Director Ericson replied within 30 days from resolution approval. Chair Stevenson closed the public hearing at 7:41 p.m. MOTION/SECOND: Stevenson/Miller. To approve Resolution 818-05, a Resolution Recommending Approval of a Variance Request for a Driveway Extension/Parking Area within 1 Foot of the Property Line with the condition of removing the lean-to roof and normal run-off flow to the neighbors; Planning Case No. VR2005-013. Ayes – 5 Nays – 0 Motion carried. ______________________________________________________________________________ 8. Next Planning Commission Meeting: November 16, 2005. ______________________________________________________________________________ 9. Adjournment to Agenda Session Mounds View Planning Commission October 19, 2005 Regular Meeting Page 5 ________________________________________________________________________ There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:43 p.m. (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Jim Ericson Community Development Director Transcribed by: Cheryl Felix TimeSaver Off Site Secretarial, Inc.