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HomeMy WebLinkAbout022299REGULAR PLANNING COMMISSION AGENDA MONDAY, FEBRUARY 22, 1999 6:30 p.m. 1. Call Meeting to Order: 2. Roll Call: 3. Approval of Minutes: 4. Public Hearings: 5. Old Business: A. Comprehensive Plan update. 6. New Business: A. Case #99-006 Lot variance request for 1,502 square feet instead of the required 7,500 square feet for the property at 14602 Oakland Beach Avenue. B. Variance Summary Annual Report. C. Code Enforcement Annual Report. D. Planned Unit Development Annual Report. E. Planning Commission Workshop - Dates and Topics 7. Announcements and Correspondence: 8. Adjournment: r-,L:~gqFIL~'OgPI~CO~I~PC~lI~A~Ci0222~9. D~C 16200 Lagle creek ~ve. ~.L., ~'nor LaKe, Minnesota SS372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION MINUTES FEBRUARY 22, 1999 1. Call to Order: The February 22, 1999, Planning Commission meeting was called to order by Chairman Stamson at 6:33 p.m. Those present were Commissioners, Criego, Kuykendall, Stamson and Vonhof, Planning Director Don Rye, Planning Coordinator Jane Kansier, Planner Jenni Tovar, Zoning Administrator Steve Horsman and Recording Secretary Connie Carlson. 2. Roll Call: Vonhof Present Kuykendall Present Criego Present Cramer Absent Stamson Present 3. Approval of Minutes: The Minutes from the February 8, 1999, Planning Commission meeting were approved as presented. 4. Public Hearings: 5. Old Business: A. Comprehensive Plan Discussion - Sanitary Sewer Plan Update. Planning Coordinator Jane Kansier presented the Planning Report dated February 22, 1999, on file in the office of the City Planner. The City is continuing to update the Comprehensive Plan for submittal to the Metropolitan Council by May 1, 1999. One component of the plan is the Sanitary Sewer. The 2010 Comprehensive Plan provided an analysis of the sanitary sewer system and the capacity for growth to 2015. It is necessary to extend this analysis to 2020. The City hired WSB to prepare the update. The draft copy focuses on the differences between the 2010 Plan and the updated version. Comments from the Commissioners: Kuykendall questioned the price of the study. Rye said it was approximately $8,000.00 and then went on to explain the Metropolitan Council's concern for projects. l:\99files\99plcomm\pcmin'mm022299.doc .... · Criego pointed out the benefit of the floating MUSA. The Commissioners agreed. Vonhof questioned if the Metropolitan Council will continue to use the MUSA as a control device for suburban sprawl. Rye responded it is the only mechanism at this point and went on to explain their intentions. The Metropolitan Council looks at the Sewer chapter of the Comprehensive Plan very carefully. Up until a few years ago, Metropolitan Sewer System was an independent agency and its only been in the last 3 years that they have been part of the Metropolitan Council. The engineering staff that used to work for the Metropolitan Waste Control Commission pay a lot of attention to the material given to them. · Vonhof questioned the infrastructure building: Does the sewer and water system mn as an enterprise fund? Rye responded "Yes". Vonhof: Is it self-sufficient in terms of building its own structure? As we get out into some of the areas, the cost will be much higher for expansion on a lot of these areas. Rye said the Trunk Reserve Fund is what finances the cost of the trunk extension. Developers pay for cost within their own developments. The Trunk Reserve Fund has been adequate to cover those costs. The City Finance Director will keep an eye on that and make the necessary adjustments. No action was necessary. in a public hearing. This item will all come back before the Planning Commission 6. New Business: A. Case #99-006 David Rembold requesting a lot variance for 5,998 square feet instead of the required 7,500 square feet for a buildable lot for property located at 14602 Oakland Beach Avenue. Planner Jenni Tovar presented the Planning Report dated February 22, 1999, on file in the office of the City Planner. David and John Rembold are requesting a variance to construct a new single family residence. The cabin on the lot was removed this past summer as a result of severe storm damage suffered in the spring storms of 1998. The lot is 59.98 feet wide at the 25 foot minimum required front yard setback and contains a lot area of 5,998 square feet. Section 5-8-12 of the City Code requires substandard lots to have a minimum lot width of 50 feet and a minimum lot area of 7,500 square feet to be buildable. A 1,502 square foot variance is being requested so a structure can be constructed on the lot. Staff concluded the criteria for granting a variance for lot area are met as there are unique circumstances and hardships pertaining to the lot that the applicant has no control over. l:\99files\99plcomm\pcminXrrm022299.doc Comments from the public: Dave Rembold, 10535 Parker Drive, Eden Prairie, stated the 20 foot road is common property. The actual road is in the 35 foot lot he owns behind the 20 foot road easement along with all the utility easements. In reality, the garage is closer to 32 feet from the street. Comments from the Commissioners: Vonhof: Questioned if the City plans to change the road into a city street. Kansier replied "No, the City avoids taking over private streets at all costs." At best the City might help out with some minor maintenance. · Is the infrastructure up the street? Where are the utilities? Kansier said they were probably under the existing common road. · The variance hardship criteria are met. The proposed structure is completely in the building envelope and no other variances are requested. Kuykendall: · Agreed with Vonhof. · This is the first home to be redeveloped in the area. · Supports the application. · One of the conditions of criteria should be related to impervious surface - give credit to the common property in the calculations. If the City does it in one area, why not practice in terms of the entire area requirements? Tovar explained the City does use the requirement in all similar situations involving a lake lot where the property is not platted down to the lake shore or where there is common area platted to all the property owners in the subdivision. The policy is used consistently for impervious surface calculations. · The City should allow that (common) area to be credited. · Rye explained the impervious surface is a physical condition affecting runoff. The other issue is an ownership issue and in fact, everyone in that subdivision presumably has a common interest in the lakefront property. There is a distinction between the use and the ownership. Criego: · Questioned if the current garage was going to stay. Rembold said it was going to be removed. · Questioned if there was anything on Lot 8 and if there were any plans to develop it. Rembold said there is a two car garage on the lot and he has no plans to add anything. · Agreed with staff's recommendation. Stflmson: · Agreed. The criteria had been met. l:\99files\99plcomm\pcminhnm022299.doc 3 MOTION BY VONHOF, SECOND BY KUYKENDALL, TO ADOPT RESOLUTION 99-01PC GRANTING A 1,502 SQUARE FOOT VARIANCE TO PERMIT A LOT AREA OF 5,998 SQUARE FEET INSTEAD OF THE REQUIRED 7,500 SQUARE FEET TO BE BUILDABLE FOR A SUBSTANDARD LOT. Vote taken signified ayes by all. MOTION CARRIED. B. Variance Summary Annual Report. Planner Jenni Tovar presented the Planning Report dated February 22, 1999, on file in the office of the City Planner. The report provided a variance summary of activity for 1998 and a comparative of previous years activity. Comments from the Commissioners: · Very good report. MOTION BY KUYKENDALL, SECOND BY CREIGO TO ACCEPT THE REPORT AS PRESENTED BY STAFF. Vote taken signified ayes by all. MOTION CARRIED. C. Code Enforcement Annual Report. Zoning Administrator Steve Horsman presented the Planning Report, on file in the office of the City Planner. The report provided a summary of the 1998 code enforcement activity. Comments from the Commissioners: Criego: · Out of the 199 complaints, how many are outstanding? Horsman responded 18 are still pending. Through the City's efforts and the City Attorney, they are working on cleating up the remaining complaints. One, potentially may become a court proceeding. · Suggestion for 1999 to look at time closure. · Horsman explained some of the time constraints. Kuykendali: · Questioned the penalty for not complying. Horsman said he is working with the City Attorney for a program to press the issue for a number of people who do not comply. · Rye said our current ordinance only allows for criminal prosecution. The whole idea is achieving compliance, not just paying a fine. l:\99files\99plcomm\pcminXmn022299.doc · Questioned Horsman if there were any communities he knew of that offer a positive incentive for compliance? · Horsman said his past experience was in one city the police handled all ordinance complaints and the other city handled it by citations. Vonhof: · Knows of incidents where people have bccn arrested on outstanding warrants for overgrown grass. · Any commercial complaints? Horsman said the majority of complaints are residential. · Is there any legal mechanism that can be written into the ordinance on a time basis? Rye said it can be brought up with the City Attorney. · A litter complaint can be brought up in a criminal complaint under State Statute. Kuykendall: · Regarding grass and leaves - Is it based on health reasons or noxious weeds? Horsman stated most of the complaints were tall weeds. · Is the price to pay the City less than it would cost the violators? Is there any consideration to increase the fee to take care of the problem? Rye said he was not sure the City could charge any more than the actual charge. The City can only recover its costs. Vonhof: · How many residents can simply not handle their weeds? Horsman said "Not too many." It is across the board, from non-compliance to people not being able to handle it. · There are some problems with rentals. Criego: · Do you have records of when complaints come in and when they are complied with? Horsman replied "Yes". · Suggest for 1999 to keep track of the time. MOTION BY CRIEGO, SECOND BY KUYKENDALL, TO ACCEPT THE REPORT AND TO INCLUDE THE AMOUNT OF TIME INVOLVED TO CLOSE THE FILE. Vote taken signified ayes by all. MOTION CARRIED. D. Planned Unit Development Annual Report. Planner Jenni Tovar presented the Planning Report dated February 22, 1999, on file in the office of the City Planner. The status report included a summary of activity in each PUD district, concluding more than half the PUD districts are complete. l:\99files\99plcomm\pcminhmn022299.doc 5 Comments from the Commissioners: Vonhof: · Question the affect on changing the price on some of the lots in the Wilds. Rye said one of their biggest problems is the competition in the metro area. · Questioned ifstaffheard the Harbor area is asking for a light at the intersection on County Road 42. Rye said he is not aware of the request, the County would be the governing body. Kuykendall: · Questioned the success of The Wilds townhouse/villas. · Rye said again, the market is really limited. With homes over $300,000 one is getting down to a small percentage of the population. · The commercial property is Savage is really going to help. Criego: · Questioned the Windsong association agreeing to changes to the Bylaws. As far as the City knows the PUD was not approved, so there is no additional dock space. · Kansier said it was not included in the report. The final plat information just came in today. MOTION BY CRIEGO, SECOND BY VONHOF, TO ACCEPT THE REPORT. Vote taken signified ayes by all. MOTION CARRIED. E. Planning Commission Workshop - Dates and Topics Rye asked the Commissioners to get back to staff in the next few weeks with any topics of particular interest they would like to discuss at the workshop. Suggestions and Comments: · Kuykendall would like to see an hour of brainstorming on the ring road and take on some key issues. Also, review the downtown area. He would like to continue discussions on how the City is going to deal with Highway 13. · Vonhof suggested addressing redevelopment issues, i.e. Priordale Mall, go to downtown Chanhassen and get examples. The City doesn't have a lot of commercial experience. · Kuykendall suggested going on a field trip to the 66th and Lyndale Avenue area. · Rye said maybe we should piggyback a joint workshop with the EDA and view Hopkins, Richfield, etc. · Workshop should be on a Saturday. · Suggestion to come in an hour before the next Planning Commission meeting to discuss the ring road. 1 :\99fi les\99plcomm\pcmin'mm022299.doc · Criego commented on the limited amount of property along the lake, and there should be discussion on the remaining undeveloped area. · Discuss the approved Zoning Ordinance. · Kuykendall suggested taking an extra hour after a meeting for a workshop. 7. Announcements and Correspondence: 8. Adjournment: The meeting adjourned at 7:48 p.m. Don Rye Director of Planning l:\99files\99plcomm\pcminhnnO22299.doc