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1998-07-28 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MINUTES JULY 28, 1998 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, July 28, 1998, in the Council Chambers at City Hall, 1101 Victoria Curve. The meeting was called to order at 7:30 p.m. The following members were present: Koll, Betlej, Duggan and Tilsen. Chair Dwyer and Commissioners Friel and Lorberbaum were excused. Also present were Public Works Director Jim Danielson, Planner Meg McMonigal, Administrative Assistant Patrick Hollister and Senior Secretary Kim Blaeser. F-AW:j altely'ril We I a kvi I 10 1119 Commissioner Tilsen moved approval of the June 23, 1998 minutes with corrections. Commissioner Koll seconded the motion. AYES: 3 NAYS: 0 ABSTAIN: 1, BETLEJ CASE NO. 98-25: MACZKO - SETBACK VARIANCE Mr. and Mrs. John Maczko, of 751 Cheyenne Lane, were present to discuss their request for a rear yard setback variance which would allow the construction of a three season porch within 25 feet of the rear property line, versus 30 feet as required by the Zoning Ordinance. * Mr. Maczko stated that his family has lived in the home since 1983 and that he has been a long time resident of the City. He stated that over the years, he has made significant improvements to his home. Maczko stated that the lots in Friendly Hills are relatively small and that his lot is approximately 9,000 square feet. Maczko stated that his neighbors support his proposal. He stated that the property directly behind his home is Friendly Hills Marsh Park. PLANNING COMMISSION MINUTES - ✓UL Y 28, 1998 1 Maczko stated that his hardship is that his lot is not big enough to accommodate his request. Maczko explained that they looked at providing a room that would not require a variance and felt that a room 9' wide by 24' long would look and feel more like a bowling alley than a living space. Commissioner Koll stated that she visited the site and that she noticed that there is a patio and fence where the addition will be placed. She stated that the grade slightly drops off and that there is a fire pit in the back yard. She stated that there is a park in the Maczko's backyard and that the addition will not sit on top of another resident's property. She stated that the addition will be an asset to the neighborhood which is reflected by the fact that all the neighbors have signed the consent form. She stated that a 9' x 24' room does not make sense. Commissioner Betlej stated that he visited the site. He stated that the Zoning Ordinance has been written for a more modern community and that this lot is considered, by today's zoning ordinance standards, to be non- conforming. He stated that with this in mind, a hardship has been established. He stated that he supports reinvesting in property value. Commissioner Tilsen stated that the City has seen a number of variance requests within the Friendly Hills neighborhood. He stated that the request seems reasonable. Vice Chair Duggan inquired if the two red fences will be removed. Mr. Maczko responded yes. Duggan stated that the City has granted similar requests in the past, particularly within the Friendly Hills neighborhood. At Mr. Maczko's request, Vice Chair Duggan polled the Commission to see if there would be support for an additional two feet of variance to allow for a sixteen foot wide porch. All but Commissioner Tilsen said yes. Commissioner Koll moved to recommend that the City Council approve a five foot rear yard variance which would allow the construction of a 14' x 24' three season porch. Commissioner Betlej seconded the motion. AYES: 4 NAYS: 0 PLANNING COMMISSION MINUTES - JULY 28, 1998 2 HEARING: CASE NO. 98-22: JOHNSON - PRELIMINARY PLAT Mr. Dale Johnson, owner of 4.82 acres of land located north of Alice Lane, was present to discuss his request to subdivide this property into 8 lots. Mr. Johnson explained that this plat would include three existing homes as well as five new lots. Vice Chair Duggan accepted a letter from Mr. Johnson which responds to City Planner McMonigal's concerns within her July 17, 1998 Planner's Report. Mr. Johnson explained that three of the lots will be 1/2 acre in size and that the remaining two lots will be slightly smaller and that they meet the 15,000 square foot requirement. Mr. Johnson stated that the front lot widths will be 90 feet for Lot 2 and 64 feet for Lots 3,4 and 5. He stated that these lot widths are of the same configuration as the adjacent cul-de-sacs of Rogers Court and Swan Drive. In response to a question regarding the developer of the Rogers Court and Swan Drive cul-de-sacs, Mr. Johnson responded that the property was developed by Mr. Eide. In response to a question from Vice Chair Duggan, Public Works Director Danielson explained that mailed notice went out to property owners within 350 feet of Mr. Johnson's property. He explained that as a requirement of the Subdivision Ordinance, Mr. Johnson is required to submit a map which depicts property ownership within 150 feet of the proposed development. Vice Chair Duggan stated that with the purchase of land by the Omodt's, Lot 2 will be 15,086 square feet. He inquired about the taxability of the new land when the Omodts acquire the property. Public Works Director Danielson stated that the entire property will be replatted and that Lot 1 will become one large lot. He stated that Dakota County will handle this process. Mr. Johnson informed the Commission that there are quite a few pine trees on the property. He stated that there are walnut trees behind Lot 4 and that Lots 3 and 4 have several pine trees. He stated that it is his intention to not bother these trees. Vice Chair Duggan stated that a tree survey is required. Commissioner Betlej inquired about the location of the trees on Lot 4. Mr. Johnson responded approximately 20 feet from the NSP service road. He PLANNING COMMISSION MINUTES - JUL Y 28, 1998 3 stated that there is no possible way a house will be constructed that far back on the lot. Regarding the proposed two smaller lots, Mr. Johnson explained that he is trying to utilize the space as efficiently as possible. He stated that he wants to save as many trees as possible and that the design of the homes will have to accommodate these issues. He stated that he intends to design and build the homes himself. Mr. Johnson stated that the soil consists of sand and gravel. Commissioner Tilsen inquired if soil borrings have been conducted. Mr. Johnson responded no because he does not know the placement of the homes. He stated that when he planted the pine trees years ago, the soil consisted of sand and gravel. Commissioner Tilsen inquired about erosion control. Mr. Johnson stated that the City will engineer the cul-de-sac and that each site will be graded at the time of home construction. He stated that he intends to use a silt fence. Mr. Johnson stated that he wants to minimize the runoff. Commissioner Tilsen stated that he believes a better job can be done to minimize the runoff. Public Works Director explained that the proposal is a fairly minor development and that the runoff was originally designed for when Alice Lane was constructed. He stated that the City needs to be careful that the backyards drain well and that the drainage does not harm adjoining homes. Vice Chair Duggan inquired how the City monitors this situation. Danielson responded that a final grading plan is submitted to the engineering department before each house is constructed. He stated this is normally done at the time the building permit is applied for. Vice Chair Duggan commented that Lot 6 appears to have more than a 3 or 4 foot drop in grade. He stated that there is also quite a drop in grade on Lots 1 and 2. He stated that Mr. Johnson needs to do a better job in controlling runoff. Commissioner Tilsen stated that the proposal is pushing the limit on front yard. width requirements. He stated 100 feet of frontage is required and that most of the homes in the area comply with this requirement. He pointed out that there are four lots on Rogers Court and four lots on Swan Drive. Commissioner Tilsen stated that the City should pursue this development cautiously and that more information is needed to properly approve this development. He stated that the City is concerned about lot size and that more specific details are necessary to make a development appealing. Mr. PLANNING COMMISSION MINUTES - JULY 28, 1998 4 Johnson stated that he is required to follow the constraints of the building permit process and that he needs to adhere to the building code requirements. Tilsen stated that a tree survey which identifies significant trees 6" or greater is needed. He further stated that he would feel more comfortable if there was one less lot. Commissioner Betlej inquired if there is any fill on the property. Mr. Johnson responded no. Betlej inquired about the grade of the street. It was noted that Alice Lane has a 10 percent grade. Public Works Director Danielson explained that a 6 to 8 percent grade is preferred but that sometimes the topography of the land does not allow it. He stated that he does not see this to be a problem. Regarding the length of the cul-de-sac, Vice Chair Duggan asked that the Fire Chief review the plan. Public Works Director stated that this is an infill development and that the City was aware that Alice Lane would be extended in the future. He stated with the extension of Alice Lane, the grade of the street may be decreased. Mr. Johnson reminded the Commission that he is trying to minimize tree loss and that if the road is moved further back, then several trees will need to be removed. He stated that it would be like the area has been clear cutted. Commissioner Tilsen stated that a new concept can be demonstrated and that trees can be saved. He stated that extending the road will gain linear feet and may prove to benefit the front yard setbacks. Commissioner Koll stated that she isconcerned that the developer is not meeting the ordinance requirements. She stated that the design seems smaller than the existing cul-de-sac developments in the area. She stated her concerns with the steep street grade and the length of the cul-de-sac. Mr. Johnson explained that the City's engineering staff will review the topography of the land and will help to determine the best grade for the street. Vice Chair Duggan opened the meeting to the public. Mr. Jack Hood, Alice Lane, noted his concern with the tightness of the proposed plat. He stated that he is concerned with the proposed small lots and small houses. He stated that he does not feel that the other cul-de-sacs in the area look nice and that he really does not want to see a "sardine" look in the City. He stated that he would like to see fewer lots. Mr. Jeffrey Lori, 2218 Rogers Court, noted his concerns with the tightness PLANNING COMMISSION MINUTES - JULY 28, 1998 5 of the proposed plat. He further stated that he is concerned with runoff. He informed the Commission that there is a drainage problem between his lot and the lot to the north of his property. He stated that soil samples have been taken and those samples indicated there is an underground river in this area. He stated that there may be more to the soil conditions than what Mr. Johnson is aware of. He stated that his sump pump runs constantly and that additional runoff from a new development is a major concern. Mr. Lori stated that he would like to see larger homes within this development. He further inquired about covenants and stated that within the Eide Addition, covenants were not always adhered to. Vice Chair Duggan noted that the Planner's Report states the zoning as R-1 A and that the correct zoning classification is R-1. Duggan inquired if Mr. Johnson would consider eliminating Lots 2 and 6, the smaller lots, and develop the property as a four lot subdivision. Duggan stated that the character of homes in the area are larger. He inquired if Mr. Johnson has ever considered a smaller subdivision. Mr. Johnson stated that he is aware of an underground river which runs from Rogers Lake to Wagon Wheel Trail. He stated that there is a swamp area in this area and that at least one lot in the Eide subdivision has not been built on because of the poor soil conditions. In response to a question from Mr. Lori, Public Works Director Danielson stated that the City does not want to design a development that will harm existing developments. He stated that the City engineering department will research this proposal further. Danielson stated that it appears that if the cul-de-sac were to be increased in length, then more frontage will be given to the lots. Mr. Lori stated that he is concerned that the proposed Lot 2 will be too close to his property. Mr. Peter Egan, 2224 Alice Lane, stated that his house is south of proposed Lot 6. He stated that he purchased the property five years ago with the knowledge that Alice Lane will be extended to accommodate a new subdivision. He stated that he would like to be a good neighbor. He stated that he would encourage the City to follow its ordinances and make sure that all ordinance requirements are met. He stated that if the cul-de-sac were pushed farther back, then the five proposed new lots would be larger and the homes would not require variances. He stated that he is at the end of Alice Lane and that the steep grade is a real concern, particularly during the winter time. He further stated that he would like to encourage the developer to save as many trees as possible. A resident, 2229 Alice Lane, stated that he is concerned with the tightness PLANNING COMMISSION MINUTES - JULY 28, 1998 6 of the subdivision and the proposed front yard setbacks. He stated that runoff is a concern. He stated that he felt that moving the cul-de-sac further back, may not necessarily eliminate the tightness of the homes. At the request of the Commission, Public Works Director Danielson briefly reviewed a map which indicated a possible alternative in platting the parcel of land that reduced the street slope, increased the front yard lot widths and preserved the number of lots. Mr. Lansbury, Alice Lane, stated that he would like to see one less lot. He inquired about the width of the cul-de-sac. Public Works Director Danielson stated that the new cul-de-sac will be larger and will have a required 60 foot right-of-way. Vice Chair Duggan stated that the Fire Chief should review this information. Tim McQuillian, Wagon Wheel Trail, commented about the number of driveways on the cul-de-sac and wondered if there is a concern for parking on the street. Commissioner Betlej moved to close the public hearing. Vice Chair Duggan seconded the motion. AYES: 4 NAYS: 0 Commissioner Tilsen moved to table action on the proposed subdivision until August 25, 1998 at 7:30 p.m. and directed the applicant to submit the following information: 1. Tree Survey locating significant trees 6" or greater and identifying trees being saved or removed. 2. Soil Boring information. 3. Revised plan attempting to meet the 100 foot setback requirement. If this is not able to be done then an explanation as to why it cannot be done. 4. Erosion Control Plan. 5. Plans revising the grade of the cul-de-sac to 6 or 7 percent. Vice Chair Duggan seconded the motion and offered a friendly amendment to include review by the City's Fire Chief. Commissioner Betlej stated that he is not opposed to the development and PLANNING COMMISSION A41NUTES - JUL Y 28, 1998 7 that the neighbors are aware that this area will be developed. He stated that it is important to have more discussion regarding runoff concerns. He stated that the revised plan should also address individual site development and how it will affect the drainage in this area. 0 Tel F4 NO ET, rey UsTa AYES: 4 NAYS: 0 HEARING: CASE NO. 98-23: HORNER - CUP AND VARIANCE Mr. Mark Horner, of 995 Delaware Avenue, was present to discuss his request for a Conditional Use Permit and a setback Variance for a detached 22' x 30' garage. Mr. Horner explained that the current 14' x 24' garage is not adequate. He stated that his cars are usually parked outside of the garage because there is no room. Mr. Horner informed that Commission that he has a new proposal for the Commission to review besides the one currently before the Commission. Mr. Horner stated that he intends to replace the driveway and remove the existing garage. He explained that the new garage location will be back behind the overhead NSP wires.: He stated that this location will require the removal of a pine tree and a crab tree. In response to a question from Vice Chair Duggan, Mr. Horner stated that his lot size is 50' x 240'. Mr. Horner explained that most garages along his street are in the corner of each lot with driveways approaching on the south side of each lot. Mr. Horner explained that they intend to add shrubbery along the side of the driveway to provide some screening between his property and the lot to the south. He stated that they have no plans to change the grade of their property. He stated that they do need to raise the new garage for positive drainage. Horner stated that the proposed 22' x 30' garage should adequately store two vehicles plus miscellaneous equipment. He explained that the roof of PLANNING COMMISSION MINUTES - JULY 28, 1998 8 the garage will be a 10/12 pitch with potential attic space. Commissioner Betlej stated that he visited the site. He stated that approximately 90 percent of the homes on the Horner's street do have similar garage and driveway setbacks. In response to a question from Commissioner Betlej regarding plantings on the south side of the driveway, Mr. Horner stated that he intends to work with his neighbor because his neighbor has recently added plantings. He stated that he would like his plantings to compliment his neighbor's plantings. He stated that he would like to purchase an affordable, fast growing shrubbery. Commissioner Betlej stated that he would like to see more vertical plantings, if possible. Commissioner Betlej stated that this request represents how the City's Zoning Ordinance does not take into account the older neighborhoods within the City. He stated that these neighborhoods have fifty foot wide lots and the current Zoning Ordinance is geared towards the newer neighborhoods with 100 foot wide lots. He stated that he encourages reinvestment in properties and that this is a request to do just that. He stated that the width of the lot is the hardship. Betlej stated that Mr. Horner has submitted a nice proposal which will compliment his home and the neighborhood. Commissioner Koll stated that she had visited the site. She stated that she likes the proposal and inquired if the exterior material will be stucco. Mr. Horner responded cost permitting, the sides of the garage will be stucco. Mr. Horner explained that the existing driveway is seven feet wide and has two strips of concrete with grass growing in the middle of it. He stated that they would like to install a nine foot wide driveway with either asphalt or concrete. He stated that the plans submitted indicate an eight foot wide driveway. He stated that this is a typographical error and that it should be nine feet wide. Commissioner Koll inquired about the construction schedule. Mr. Horner stated that he would like to have it constructed by winter of this year. Commissioner Koll stated that some of the garages along Delaware gain access off of Cherokee. Mr. Horner stated that he did consider this option and felt that it was more of a disadvantage because the garage would be placed in the middle of the property as well as creating a safety concern for PLANNING COMMISSION MINUTES - JUL Y 28, 1998 9 his family. In response to a question from the Commission regarding expiration of Conditional Use Permits and Variances, Public Works Director Danielson stated that if no work has been done, Conditional Use Permits expire in six months and Variances in one year. Vice Chair Duggan opened the meeting to the public. Mr. Dave May, 987 Delaware Avenue, stated that he had intended to go through this same process. He stated that he decided not to because it is such an expensive process. He inquired as to why the process is so expensive. Vice Chair Duggan responded the fee is established to help cover advertisement costs as well as staff time. Duggan explained the process of reviewing detached garages versus attached garages. Duggan explained that an applicant may ask the City Council to waive the fees. Mr. May stated that the City's ordinances do not reflect the realization of what is really out there. Commissioners Betlej and Tilsen stated that different rules apply for today's building standards. A resident, 999 Delaware Avenue, stated that he supports Mr. Horner and that he does not agree with the process. He stated that he is unhappy with the amount of time the process takes. Mr. Horner reviewed Plan B. He stated that the plan is similar to the previous plan with the driveway. He stated that this proposal involves constructing a smaller, 22' x 24' garage in the same location as the existing garage. He stated that it does create a problem in accessing the garage from the house and that no trees will be removed. He stated that they would add only shrubs to one side of the garage. He stated that roof pitch would change to 4:12, similar to a rambler style. Horner stated that this proposal does not change the setback requests. Mr. Horner asked that both plans be passed on to the Council. He. stated that he needs to research the cost further and that he does not want to be tied down to one particular plan. Planner McMonigal stated that the requested variances are the same for either plan. Commissioner Betlej moved to close the hearing. Vice Chair Duggan seconded the motion. PLANNING COMMISSION MINUTES - JULY 28, 7998 10 AYES: 4 NAYS: 0 Commissioner Koll inquired if NSP is concerned with the placement of the proposed garage. Mr. Horner stated that he has spoken with NSP and that they have indicated there should not be a problem with encroaching the easement. He stated that they would not give him an approval in writing. Regarding Plan B, Commissioner Betlej stated that he is concerned that this garage will look like a prefabricated "Menard's style" garage. He suggested that Mr. Horner consider maintaining a steeper pitch which would be in keeping with the neighborhood. Mr. Horner stated that he would look into different design styles. Commissioner Betlej stated that he would like to see that the garage style match the style of the home. Commissioner Betlej moved to recommend that the City Council approve a Conditional Use Permit for a detached garage between 528 and 660 square feet in size and between 85 and 140 feet from the east lot line, and a eight foot side yard setback variance for the garage and the driveway to be two feet from the side property line upon the following conditions: 1. That the pitch of the garage roof be 9:12. 2. That the materials for the garage complement the existing home. Vice Chair Duggan seconded the motion. AYES: 4 NAYS: 0 Vice Chair Duggan called a recess at 9:40 p.m. Vice Chair Duggan reconvened the meeting at 9:45 p.m. Ms. Susan Gagnier, of 1957 Walsh Lane, was present to discuss her request for a three foot height variance for a six foot fence within a front yard setback. Ms. Gagnier explained that her lot became a through lot when Summit Lane became a public right-of-way. She explained that the fence would extend along the west property line and then down her property lines to the north PLANNING COMMISSION MINUTES - JUL Y 28, 1998 11 and south which would then connect with the existing fence along the south property line. Ms. Gagnier stated that she has quite a cat problem. She stated that her yard is littered with cat waste as well as dead animals. Vice Chair Duggan preferred a shorter, four foot high fence and inquired as to why Ms. Gagnier feels that an additional two feet to the fence would deter cats from jumping into her backyard. Ms. Gagnier stated that it might not but that she would like to try. Vice Chair Duggan noted that the site plan is confusing. He noted that there is a utility pole on the property and he inquired if it can be enclosed or even built by the pole. Public Works Director Danielson stated that he would inquire with NSP. Ms. Gagnier explained that she would like to complete the fence next year because it is an expensive process. In response to a question from Commissioner Tilsen regarding matching the existing fence material, Ms. Gagnier explained that each section of the fence would need to be hand made because the manufacturer does not make three foot sections. Commissioner Tilsen inquired if Ms. Gagnier will extend the fence along the north property line to the front yard. Ms. Gagnier stated that she will comply with the City's ordinance requirements if and when she does. Tilsen stated that the only variance needed is in her rear yard. Tilsen stated that a six foot fence is not aesthetically pleasing. He stated that he would be more inclined to approve the variance if it were more aesthetically pleasing. Ms. Gagnier explained that the fence will also help windbreak her property. She stated that she has been installing a lot of landscaping and that she does not want to lose the investment. She stated that the wind comes over the river valley and strikes her house and that a fence would help break the wind. Vice Chair Duggan inquired about the opacity of the fence along Summit Lane. Commissioner Betlej read Section 4.8(1)d which states that all fences located in front yards shall be constructed in such a manner that thirty percent of the plane between the ground and the top of the fence is open. Vice Chair Duggan inquired if neighbors on Summit Lane had been notified of PLANNING COMMISSION MINUTES - JULY 28, 1998 12 the hearing. Staff responded yes. Commissioner Koll stated that she had spoken with some of the Summit Lane residents and that they have expressed their concern with the height and the massiveness of the fence. She stated that they would like to see a fence varied in height which would help make it look more aesthetically pleasing. Vice Chair Duggan inquired if Ms. Gagnier has considered this option. Ms. Gagnier stated that she is not asking for a variance other than along Summit Lane. She stated that that portion of the fence will comply with the City's ordinance requirements. Planner McMonigal stated that a fence in the front yard would have to be 36" maximum with a 30 percent opacity and setback 30 feet from the property line. Vice Chair Duggan stated that he would like to see a more accurate site plan. Vice Chair Duggan opened the meeting to the public. Ms. Lois Chambers, 999 Kay Avenue, stated that she is confused because she does not know the placement of the proposed fence. She stated that she has safety concerns and finds the existing 6' fence distracting. She inquired about encroaching the utility easement. Ms. Chambers stated that fences serve a purpose and that she is unclear as to what the purpose is of the proposed fence. Ms. Gagnier pointed out that, upon another neighbor's request, she removed every other slat on the existing fence. Ms. Chambers stated that she is opposed to the request for a variance. Vice Chair Duggan stated that he is trying to justify why a variance is needed. Commissioner Tilsen moved to close the public hearing. Commissioner Betlej seconded the motion. AYES: 4 NAYS: 0 Commissioner Koll suggested that Ms. Gagnier consider having less fencing on the boundary lines and to consider planting shrubbery instead. She stated that something needs to be done to make the area more eye appealing. Ms. Gagnier stated that the City owns a ditch near her property which looks terrible. She stated that she has asked that this property be landscaped and that she would maintain it for the City. PLANNING COMMISSION MINUTES - JULY 28, 1998 13 Commissioner Betlej asked for hardship clarification. Ms. Gagnier inquired if a four foot fence would be more aesthetically pleasing. She stated that this is a nice height and that maybe her neighbors would like it especially with plantings. Gagnier stated that she would rather have a six foot fence to help keep the cats out of her yard. She informed the Commission that the cats are a real nuisance. Ms. Gagnier stated that she has received copies of ordinances regarding nuisances and animal control. She informed the Commission that Ordinance No. 1301 is suppose to regulate cats as well as dogs. She stated that there is no mention of cat control within this ordinance. She further noted that Ordinance 901 - Nuisances specifically discusses carcasses of dead animals. Vice Chair Duggan stated that the existing fence is partially open and that this does not help keep cats out. Ms. Gagnier stated that she is planning for her future. She stated that she may wish to build a garage in the future and then connect the fence so that the entire front yard is enclosed. Vice Chair Duggan stated that there is no justification of a hardship. In response to a question from Commissioner Tilsen, Ms. Gagnier stated that her house was constructed in 1953 and that she has been living in the home for fifteen years. Tilsen stated that Ms. Gagnier may have a good hardship in the sense that the street was platted after she occupied the home. He stated that a double fronting lot is subject to specific rules. He noted his concerns with aesthetics. He noted that some creativity could be used similar to that done by Children's Country Day School. He stated that their fencing has wire mesh placed behind their fences. He stated that while they have opaqueness in the fence the mesh helpskeep stray animals out of the yard. Ms. Chambers stated that she believes the road has always been there. Public Works Director Danielson stated that road was a private driveway before the homes were platted. Vice Chair Duggan moved to continue discussion of this application to the August 25, 1998 meeting and requested that Ms. Gagnier return with more detailed proposal, including fence material, height and plans for the future garage and all fence additions. Commissioner Betlej seconded the motion. PLANNING COMMISSION MINUTES - JULY 28, 1998 14 Ms. Gagnier stated that the Commission is asking for too many things and that she is not sure as to what she will build in the future. Vice Chair Duggan stated that Ms. Gagnier has not provided the Commission with a hardship. VOTE ON MOTION: AYES: 2 NAYS: 2, TILSEN, KOLL MOTION FAILS Commissioner Tilsen moved to recommend that the City Council grant a one foot height variance for a four foot fence within the rear yard setback but maintain the 30 percent opacity requirement. Tilsen stated that because the lot became a through lot upon public acquisition of the road in the rear of the property is a justifiable hardship. Commissioner Koll seconded the motion. AYES: 2 NAYS: 2, DUGGAN, BETLEJ I kh L•111[s]L1111 ;r—A1M*J Vice Chair Duggan stated that the Commission is at an impasse and that Ms. Gagnier should appear before the. City Council to discuss her request. HEARING: CASE NO. 98-26: WOLLF - VARIANCE Mr. Dan Wolff, of 600 Spring Street, was present to discuss his request for an eight foot front yard setback variance for a covered stoop to be added to the front of his home. Mr. Wolff explained that his home is a two bedroom and that he has three children. He stated that they intend to add a second story to their home which will add three bedrooms and two bathrooms. He stated that his builder suggested that they extend the entryway to give more room for the new second story addition. He stated that most houses in their neighborhood have covered stoops. In response to a question from the Commissioner, Planner McMonigal PLANNING COMMISSION MINUTES - JUL Y 28, 1998 15 explained that if the stoop did not have a roof, a variance would not be necessary. Mr. Wolff explained that the existing sidewalk and steps extend out seven feet. He stated that the stoop will take a part of the sidewalk out. In response to a question from Commissioner Tilsen, Planner McMonigal stated that according to Section 4.6(4)b whenever buildings have been built on one side of the street between two intersections, no building shall be erected to extend so as to project beyond a line drawn between the forward most portion of the nearest building on each side. Commissioner Tilsen stated that one house on the corner of Spring Street and Chippewa Avenue does already has the same setback as Mr. Wolff's request. He stated that a precedence has been established. Vice Chair Duggan opened the meeting to the public. There was no one to discuss this request. Vice Chair Duggan moved to close the public hearing. Commissioner Betlej seconded the motion. AYES: 4 NAYS: 0 Commisisoner Koll stated that this addition would be an asset to the community. She stated that she has spoken with the Wolff's neighbors and that no one expressed any concerns. Commissioner Tilsen moved to recommend that the City Council approve the eight foot front yard setback variance for the covered stoop based on the following findings: 1. The applicant had demonstrated a practical difficulty. 2. The addition to the house would be an asset to the neighborhood. 3. That there was already one house on the corner of Spring Street and Chippewa Avenue with the same setback. 4. That the variance for the covered stoop is diminimus. Vice Chair Duggan seconded the motion. AYES: 4 NAYS: 0 PLANNING COMMISSION MINUTES - JULY 28, 1998 16 VERBAL REVIEW Public Works Director Danielson gave a brief review of Council action regarding previous planning applications. ADJOURNMENT There being no further business, the Planning Commission moved to adjourn its meeting at 11:08 p.m. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary PLANNING COMMISSION MINUTES - JUL Y 28, 9998 17