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HomeMy WebLinkAbout09-09-02HASTLN S PL A NNLNfi COMMISSION September 9th' 2002 Regular Meeting 7:00 pm Chairman Anderson called the meeting to order at 7:01 pm. 1. Roll Call Commissioners Present: Alongi, Anderson, Greil, Hollenbeck, Truax, and Twedt Commissioners Absent: Michno Staff Present: Planning Director John Hinzman, Administrative Assistant Samantha Schmidtke 2. Approve August 26th, 2002 Planning Commission Minutes With no changes, the minutes were accepted by a unanimous vote. PUBLIC HEARING - Lehtola and Heiman - Shoreland/Floodplain Variance #2002- 74 to vary from setback, lot size, and impervious surface regulations for construction of a new home at the southeast corner of 4th Street East and Locust Street. Director Hinzman presented background information on the project. Chairman Anderson opened the public hearing at 7:12 pm. David Hume, 320 Locust Street, expressed concerns with the illegal dumping of fill and rock on the site, as well as previous flooding of the area. He also stated that he feels the proposed house is very large for the area. Mary Anderson, 1501 4th Street East, stated that she resides directly across the street from the proposed home location. She was not opposed to the vacating of the south side of the 4th Street right-of-way as it helped to preserve the Barker house, but she was opposed to the recent request for the Locust Street vacation because there are many in the area that want to preserve public access to Lake Isabel as a part of the effort to revitalize the lake. She added that she has been told by many people, including City employees, that the proposed lot was not buildable. She stated that nothing was ever done regarding the complaints made about illegal dumping onto the lot, and that she would like to have a survey done of her property to accurately determine the location of property lines in the area. Steven Hood, 310 Lake Street, expressed concerns about what the construction of this home would have on the views of the lake. He also was told that this was an unbuildable lot. Dan Reuter, 1512 4th Street East, stated that he purchased the Barker house from the City several years ago and was told at that time that no home could be built to the west of him (the Lehtola/Heiman lot). The past couple of years he has had water at the foundation level of his home. Steve Lehtola, applicant, stated that the rear building level is about 3 feet above the 100 year level, as he wants to avoid flooding in the home as well. He added that he bought the property for the view and went through much work to ensure it was buildable. He has contacted Gopher One to locate utilities in the area and it seems that all are available. He estimated that 80 yards of fill were brought into the site, based on conversations with someone who dumped material there. Chairman Anderson closed the public hearing at 7:49 pm. Commissioner Greil inquired as to the proposed foundation size of the home. Mr. Lehtola responded that it is approximately 1,665 square feet. Mr. Reuter added that his foundation size is 900 square feet. Ms. Anderson stated her foundation size is 600 square feet. Chairman Anderson asked if the home was a one or two stow design. Mr. Lehtola stated that it is a one-stow with a walkout. Commissioner Greil asked for clarification on the 20,000 square foot requirement. Director Hinzman explained that the shoreland overlay is anything within 1,000 feet of the OHWL. General development of the area is similar to the request, and lot size is consistent in the area. The Shoreland ordinance is a template of the DNR model. Commissioner Twedt inquired as to when part of Locust was vacated, and what happened with the request for the remainder of Locust. Also, what is the notification distance required. Director Hinzman stated that the vacated portion of Locust was approved in the late 1990's. Recently, Mr. Lehtola requested that the remainder of Locust be vacated, but the request was denied by the City Council. State statute requires notification of land owners within 350' of the affected property. Commissioner Alongi asked Director Hinzman for his opinion on whether this was a buildable lot. Director Hinzman replied that without variances, it was not. Commissioner Alongi asked if there were other lots around Lake Isabel similar in size, and expressed concern that there was an assumption that many lots were smaller. Commissioner Truax asked what the elevation was that needed to be built above. Director Hinzman stated that the Ordinary High Water Level is 677 feet. Commissioner Truax stated that he had visited the site and was positive that more than 80 yards of fill had been dumped on the lot. Director Hinzman stated one of the questions to consider is if the Planning Commission and City Council would have granted permission for the fill to be placed on the site. He also added that there is potential to redesign the house to minimize some of the variances requested. Chairman Anderson stated that no permits or approvals were obtained for the fill, therefore it is illegal. He added that he feels the house design is wrong for the property, and that there is too much impervious surface. He also felt that a different house design could better meet setbacks on the site, and he is unsure if the house design blends with the neighborhood. Commissioner Alongi concurred with the Chairman, as well as the fact that the lot was well under the 20,000 square foot requirement. Commissioner Greil asked if findings of fact were necessary. Director Hinzman stated that the 4 elements of findings of fact are from the Zoning Code, and that these are variances from the Shoreland/Floodplain Codes. Commissioner Truax stated that he felt 3 of the 4 variances could be eliminated with a different home design. Chairman Anderson added that a denial of the variances wouldn't completely deny the applicants use of the lot, simply that a different configuration may be more appropriate for the site. Planning Commission Action: Commissioner Truax moved and Commissioner Alongi seconded a motion to recommend to the City Council the denial of the 4 variances listed below: 1) Chapter 13, Section 13.05, Subd. 2.1 - Construction of a building within 15 feet of the regulatory flood elevation. Proposed home would be setback 8.5 feet. 2) Chapter 16, Section 16.05, Subd. 1.2(B) - Construction of a home on a lot less than 20,000 square feet. The existing lot is 9,456 square feet. 3) Chapter 16, Section 16.05, Subd. 2.1(A) - Construction of a home within the 75 foot setback from the Ordinary High Water Level. Proposed home is approximately 60 feet from the Ordinary High Water Level. 4) Chapter 16, Section 16.05, Subd. 5.2(A) -Impervious surface coverage exceeding 25 percent of lot area. Proposed coverage is approximately 26.8 percent. Upon vote taken: Ayes: 6, Nays: 0. Motion carried. PUBLIC HEARING - Marilu Husman-Woodford - Shoreland Variance #2002-75 to vary from lot size and lot width regulations for construction of a new home at 629 2® Street East. Director Hinzman presented background information on the proposal. Chairman Anderson opened the public hearing at 8:27 pm. Marilu Husman-Woodford stated that she had 3 lots, each 66'x152'. She stated that she was told that the DNR wouldn't support the variance, but then contacted the DNR who stated they hadn't been contacted regarding the property. Chairman Anderson opened the public hearing at 8:31 pm. Commissioner Alongi asked if there was anything in the records about the 2 lots being combined. Director Hinzman stated that there was not. Commissioner Truax clarified that both lots were too small for a duplex. Commissioner Greil asked if this would be an issue if not located within the Shoreland District. Director Hinzman stated that it would not be an issue - the lots meet the criteria under the zoning code. Commissioner Greil suggested that perhaps the City review the Shoreland ordinance and consider changes. Director Hinzman agreed with the suggestion. Planning Commission Action: Commissioner Twedt moved and Commissioner Hollenbeck seconded the motion to recommend approval of 2 variances (listed below) from Chapter 16, Section 16.05, Subd 1.2(B), for a single-family home at 629 2nd Street East 1. Construction of a home on a lot less than 15,000 square feet. 2. Construction of a home on a lot less than 75 feet in width. Upon vote taken: Ayes: 6, Nays: 0. Motion carried. Dakota County - Site Plan #2002-76 Expansion to existing Administration Building at the Dakota County Government Center Campus, 1560 Highway 55. Planner Jenson presented background on the project. Planning Commission Action: Commissioner Alongi moved and Commissioner Greil seconded the motion to recommend approval of the Dakota County Administration Center Building Expansion to the City Council, subject to the following conditions: 1) Grading and utility plan must be approved by the Public Works Director. Any comments must be incorporated into the approved plans. 2) Five Emerald Lustre Maple Trees, as indicated on page C1.1, dated 8/16/02, must be planted prior to Final Occupancy being issued for the new addition. 3) Building Elevations conform to the exterior elevations as shown on pages A2.01 and A2.02. Upon vote taken: Ayes: 6, Nays: 0. Motion carried. 6. Michael Steinke - Variance #2002-77 - Expansion of existing nonconforming structure (detached garage) at 920 West 5th Street. Planner Jenson presented background information on the item. Planning Commission Action: Commissioner Twedt moved and Commissioner Hollenbeck seconded the motion to recommend approval of the variance request to the minimum side yard setback from 5' to 4' for a detached garage addition at 920 West 5th Street, based on the following findings of fact: 1) Construction of the home and garage predates establishment of minimum side yard setbacks. The proposed addition would not encroach and further into the side yard setback than the existing garage. Upon vote taken: Ayes: 6, Nays: 0. Motion carried. 7. Other Business 8. Adjournment With no further business, the meeting was adjourned at 8:46 pm.