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1993-05-25 Planning Comm MinutesCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA PLANNING COMMISSION MAY 25, 1993 The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, May 25, 1993, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:30 o'clock P.M. The following members were present: Koll, Dwyer, Hunter, Duggan and Tilsen. Commissioner Dreelan was excused. Commissioner Friel informed the Commission that he would be late. Also present were Public Works Director Jim Danielson, Planning Consultant John Uban, Administrative Assistant Kevin Batchelder and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Duggan moved to approve the April 27, 1993, Minutes with corrections. Commissioner Tilsen seconded the motion. AYES: 3 NAYS: 0 ABSTAIN: 2, KOLL AND DWYER CONTINUED HEARING: CASE NO. 93-11: BOBST - SUBDIVISION As requested by the applicant, Commissioner Duggan moved to continue the hearing to June 22, 1993 at 7:30 o'clock P.M. Commissioner Koll seconded the motion. AYES: 5 NAYS: 0 HEARING: SOMERSET AREA MASTER PLAN Chair Dwyer opened the meeting for the purpose of a public hearing to discuss the results of an "Inventory and Analysis" study completed by Planner Uban of Dahlgren, Shardlow and Uban. Chair Dwyer explained the Somerset Area is bordered by Wentworth Avenue, Marie Avenue, Dodd Road and Delaware Avenue. It was noted there were approximately 30 residents in the audience. Administrative Assistant Batchelder briefly explained that the purpose of the public hearing is to summarize the results of the inventory and analysis and to facilitate a discussion of Planning Commission May 25, 1993 Page 2 the community's objectives with respect to future development within the Somerset Study Area. Batchelder explained there have been two neighborhood meetings held to discuss a proposed Master Plan with the Somerset Area residents during this process. Batchelder also explained the City has received a number of written statements and petitions from area residents. He briefly explained the City is aware of concerns which the area residents have expressed regarding lot sizes, landlocking concerns, protection of trees, private vs. public streets, preservation of wetlands and public parks. He briefly explained the recently approved Mazzara Subdivision request. Planner Uban summarized that the analysis encompasses an area bordering Wentworth Avenue /Marie Avenue /Delaware Avenue /Dodd Road. He explained part of the area is zoned as R1 -A with unsewered lots and to the west, the zoning is R -1 with a large open space located in the center. Uban reviewed a topography map indicating steepness of slopes and the difficulty of constructing driveways or roads from Delaware to the west. He reviewed a map indicating swamps and lakes in the area. He stated it is important to note that on site septic systems cannot be placed on wetlands. Uban briefly explained a map indicating storm water runoff. He stated the water flows from the east to west. Uban explained that almost all of the property in this area is difficult to develop due to severe soil conditions. Uban summarized the neighborhood issues regarding lot size for unsewered development, minimum developable lot excluding wetlands, protection of existing trees, no encroachment on wetlands, no extension of Ridgewood Drive cul -de -sac, private roads and driveways, preservation of the wetlands using private conservation and scenic easements, preserve corridors for future utilities by easement and special subdivision ordinance to control development. Mr. Tom Garrett, 540 Wentworth Avenue, stated at past neighborhood meetings, it seemed that area residents do not want to develop their property. He stated he does not want the City to spend money on studies of development if the neighborhood is not interested in developing their property. He stated this idea seems self serving to persons who drew up the list. Chair Dwyer responded he agrees there is a consensus, at this point in time in not developing the property, but that a plan should be reviewed as the future of the area is a concern. He Planning Commission May 25, 1993 Page 3 stated that the list of ideas is not an endorsement to develop the area. Commissioner Duggan stated several issues are of a concern to the City and to the residents such as preserving lot size and tree replacement. He commended the residents for attending the past meetings and expressing their concerns for the area. Commissioner Tilsen concurred with Commissioner Duggan and stated that preserving of the wetlands area is the number one concern. He further stated a major issue affecting the development of the area is looking at how public utilities will serve the area in the future. Tilsen stated the economics of public utilities often assumes a higher density of development. He further noted his concern for on -site septic systems located near wetlands. Chair Dwyer inquired as to who will pay for the public utilities, the City or the residents. Commissioner Tilsen stated that is why the City should research the possibility of public utilities now as it will be very costly. He stated the Somerset Area soil condition is poor which creates the potential for failure of on -site septic systems. Tilsen stated the City may be obligated to solve health problems in the future if private sewer systems fail and easements may be needed. Mr. John Bradford, 1673 Delaware Avenue, noted his concerns for preservation of the wetlands. Planner Uban responded with information regarding the Wetlands Conservation Act of 1991 noting the restrictions of filling wetlands, preservation, etc. He stated the City will need to explore the various programs in preserving the wetlands. Mr. Bradford stated the City should research the possibility of a public park. He also stated it seems the City is trying to force the issue of installing public streets and utilities. Commissioner Tilsen responded the City should review the possibility that the land can be served with public utilities. Commissioner Duggan briefly summarized the current density of Mendota Heights. He further cited several figures from the City's Comprehensive Plan. He stated that the progress of development in the City has been fast and the City has lost some of its character. Duggan stated development in this area would cause the City to lose more of its character. Mr. John Murphy, 650 Wentworth Avenue, stated most of the development Commissioner Duggan is referring to has occurred south of Highway 110 and does not impact the Somerset Area. A brief discussion ensued as to how the Planning Commission proceeds next. Chair Dwyer stated the land will continue to develop in this area. He stated it is up to the Commission to Planning Commission May 25, 1993 Page 4 recommend to the City Council how development should occur in this area; case by case or to create new regulations that accommodate utilities and dedication of wetlands. Commissioner Koll stated most of the residents want the area preserved. She stated this is the inner core of the community and the residents are proud of their territory. She stated this is the last area of wooded lots. Commissioner Koll stated the decision to develop the area should remain with the landowners. She further stated future development should be regulated to help preserve the land. She noted her concerns for a public park in the area. Commissioner Hunter stated landowners have the right to develop their own property. He noted his concerns for septic systems and the possibility of septic failure in the future. Planner Uban stated the City could review the possibility of amending the City's Ordinances to not calculate wetlands with total lot size. He stated it is the consensus to continue with large lots. In response to a question from Commissioner Hunter, Planner Uban stated it is difficult to rezone an entire area. He stated rezoning could occur where there are unsewered lots and some lots could be considered non- conforming. Commissioner Hunter stated it is important that the residents do not think the City is imposing on their rights to develop their own property. He stated the City is in a position to help the residents in developing or not developing their land if they request development controls. Mr. Garrett stated the neighborhood has expressed a desire to have 2 1/2 acre lots. Chair Dwyer stated the City should review the minimum lot size for developing land while avoiding any impact to the wetlands. Commissioner Duggan concurred stating wetlands should be excluded in calculating land size. He further stated the consensus of the neighborhood is to have private roads. Duggan explained State Law requirements for private driveway widths with respect to emergency vehicle access. Chair Dwyer pointed out the Fire Chief's concerns regarding road width in an upcoming subdivision request. Mr. Tom Mairs, former owner of 1707 Delaware Avenue, stated he is part owner of Grappendorf Outlot A. He stated the wetlands map presented tonight seems to be exaggerated. He stated he would like to see more information on wetlands boundaries. Chair Dwyer responded that a Biological Research may be completed and that it is not inexpensive. In response to a question from the owner of 1737 Delaware Avenue, Planner Uban stated he did not do a well inventory of Planning Commission May 25, 1993 Page 5 the area. He stated there are several existing wells located on Wentworth Avenue. Commissioner Tilsen moved to recommend that the City Council consider restricting lot sizes to 2 1/2 acres for unsewered properties, excluding wetlands; the City look at acquiring placement of easements for future utilities; driveway requirements by order of the Fire Chief including 20 foot driveways with weight bearing load requirements and maximum grades as allowed by the City Engineer. He further stated he would like to see the wetlands preserved by allowing 30 foot scenic easements around the wetlands. Commissioner Duggan offered a friendly amendment stating a 2 for 1 replacement value for trees should be enforced. Commissioner Tilsen accepted the friendly amendment. Commissioner Duggan seconded the motion. Mr. Ridder, 1744 Dodd Road, stated he has not done a thorough review of his property with respect to trees. He stated he cannot agree with the requirement of replacing trees 2 for 1 at this point in time. Commissioner Duggan clarified the motion by stating trees should be replaced within the development project. Planner Uban suggested amending the existing ordinance and defining developable land. He explained scenic easements can be done by landowners, if they wish. He further stated the Ordinance should be consistent throughout the City in regards to wetlands, within all R1 -A districts. After a brief discussion on whether to recommend amending the City's Zoning Ordinance or to release Dahlgren, Shardlow and Uban to proceed with Phase III of the Somerset Area Study, to design alternative Master Plans. Commissioner Tilsen withdrew his motion. Commissioner Duggan seconded the withdrawal. Commissioner Tilsen moved to amend the Zoning Ordinance to a raw minimum buildable area. Commissioner Duggan seconded AYES: 2 NAYS: 3, KOLL, DWYER, HUNTER recommend that the City Council require 2 1/2 acres minimum with the motion. Planning Commission May 25, 1993 Page 6 MOTION FAILS Chair Dwyer moved to recommend that Phase III of the Somerset Area Study be released and prepared by Planner Uban of Dahlgren, Shardlow and Uban. He further stated the consensus of the Commission includes limits to future development in terms of lot sizes, impact on wetlands, appropriate safeguards for non - sewered systems and an ongoing concern for private roads that satisfy public emergency access standards. Commissioner Duggan offered a friendly amendment by adding protection of open space. Commissioner Koll stated conservancy easements and other private methods of conserving open space should be explored. Commissioner Duggan stated securing open space and trail access should be reviewed. Commissioner Tilsen accepted the friendly amendments with additional suggestions from Commissioners Duggan and Koll. Commissioner Duggan seconded the motion. AYES: 5 NAYS: 0 Mr. Garrett stated that the northern part of the Somerset Area has multi acreage lots. He stated he would like to see a minimum lot size designated at 2 1/2 acres whether there is sewer or not. He noted the fundamental concerns in sizes of lots on Marie Avenue. In response to a question from Chair Dwyer, Mr. Garrett stated his property is 2 1/4 acres. He further stated he does not want to see 1/2 acre lots being developed. HEARING: CASE NO. 93 -13: MCMAHON - SUBDIVISION, LOT WIDTH VARIANCE AND WETLANDS PERMIT Mr. John McMahon, son of Dr. and Mrs. John McMahon owners of 620 Wentworth Avenue, was present to discuss his parent's request to subdivide their existing 8.13 acre lot into two lots. Mr. McMahon explained that his parents have resided at their residence for 11 years. He explained there is an existing Planning Commission May 25, 1993 Page 7 home with a horse stable with an apartment. He explained it is his parent's desire to remain in the area as it is beautiful and peaceful. He stated his parents wish to sell their large main home and construct a new home. Mr. McMahon explained they are proposing to demolish the barn and put in its place (not in the same location) another home. He explained the current home, Lot 2, would be on 2.81 acres of land and encompasses most of the wetlands. He explained that Lot 1, is proposed to have 5.8 acres of land which will accommodate a new home and new on site septic system. Mr. McMahon explained the proposal also calls for the existing driveway to be between the Weyerhaueser's property and the Murphy property. He explained the driveway will head towards the wetlands. He explained that Lot l's driveway will be kept at a 12 foot width with four foot shoulders area and then re- routed across the meadow to the west through the existing barn site and come to a turn circle before the existing home. He further explained he had contacted Mr. Sid Daily, contractor, who indicated it would be feasible to build a driveway to hold large trucks. He stated Mr. Daily also suggested that Class V fill will be brought in. He stated they will build the shoulder up and will continue to maintain the driveway. McMahon stated they would like to preserve the meadow as much as possible. McMahon stated they will resist constructing anything wider than a 12 foot paved driveway. McMahon explained his parents are in the preliminary stages of a new house plan. He stated Mr. Bill Brown, of Paul McLagan and Sons, has surveyed Lot 1 for the new home site. He stated the new home will face the wetlands. McMahon stated a tree inventory has been completed showing over 200 trees. He stated they do not anticipate clearing many trees. He stated the existing pine trees will be moved and replanted to help screen the new home site and driveway. McMahon stated his parents are willing to limit future development on Lot 2 by placing a restrictive covenant. He further stated that his parents will grant a private easement access for ingress and egress for Lot 2. McMahon stated their request includes a 60 foot lot width variance on Wentworth Avenue and for Lot 2 not fronting on a public street. In response to a question from Chair Dwyer regarding the possibility of constructing a cul -de -sac, Planner Uban stated the 60 foot lot width could be treated like a public right -of -way dedication but the road would be considered a private road. He stated then only a variance for Planning Commission May 25, 1993 Page 8 access would be necessary for Lot 2. Mr. McMahon responded that construction of a cul -de -sac would be an "over kill" as there will be no development of the property as directly to the east is owned by the Weyerhaueser's and that a majority of the land is wetlands. He stated it would be very expensive to construct a public street. He stated if a cul -de -sac were constructed, the Weyerhaueser's would loose their garage. He stated that this situation is much different than the Mazzara Subdivision request. Mr. McMahon explained his parent's are also requesting a Wetlands Permit to allow the construction of the proposed home on Lot 1 to within seventy -five feet (75') of the wetlands. He stated a biological survey has been completed. He explained the survey determined where the highest part of the property is for placement of the septic system. He stated the drainfield will be placed away from the wetlands 10 feet above the water. Mr. McMahon submitted a letter from Mr. John C. Anderson, of Wetlands Data, explaining that if the driveway were to be removed, the conditions should be restored to pre - settlement conditions. Mr. McMahon explained the area will be enhanced with woody vegetation and grasses native to the meadow land. Mr. McMahon stated the current driveway is bituminous. In response to a question from Chair Dwyer, Mr. McMahon stated the house cannot be pushed back further to the northeast due to the location of the septic system. Mrs. McMahon also stated the placement of the house is to protect the existing pine trees. Dr. McMahon stated there are mature evergreen trees on the property. He stated their intentions are to save as many trees as possible and that they will move as many as they can. He stated the proposed house location seems to have less of an impact on the property. Mr. McMahon stated the neighborhood has indicated numerous times to keep this area relatively undevelopable. Commissioner Tilsen noted his concerns for the septic systems. He stated the existing on site system is probably located near the water table within the 100' setback of the wetlands. He stated that the problem of failing on site systems is a great concern in this area. He stated the existing system may never fail but that the existing system may be within the wetland area. He stated older systems were not constructed to treat waste as they are now. He stated vast changes have occurred in construction of on -site systems near wetlands. He further inquired where the gas service, underground telephone and Planning Commission May 25, 1993 Page 9 electrical utilities will be located. He stated there is no indication of these utilities on the maps provided to the Commission. He further inquired if there is an existing well and septic system at the barn site. He stated this information is not included on the maps provided to the Commission. He further stated that old wells, which have abandoned, have not been properly capped is a concern. Commissioner Tilsen stated with respect to the existing home that he would like to see an alternate site for the septic system and to enforce inspections of the existing system. He stated he would like to see two alternate sites for the system. Commissioner Tilsen reiterated his concerns for the entire Somerset Area and on-site sewer systems located near the wetlands. Mr. McMahon stated the current elevation is 940 feet. He further stated he is unsure if the system is located within the wetlands. He stated he recognizes that with a new home and septic systems that there are new standards. He stated that today's regulations should not have to apply to septic systems which are 25 years old. He further stated construction of lift stations is an undue burden. Commissioner Tilsen responded the City is in a position, right now, to correct a problem. He stated the City has health and safety concerns for the community. He stated this parcel is difficult to get to with public sewer. He stated a lift station is a most prudent solution. Chair Dwyer inquired if there is a current status report on the septic system. Mr. Brown stated no and that the existing septic system was adequate. He further stated he did not think the existing system would be scrutinized at tonight's meeting. Mr. McMahon stated the system has been well maintained and pumped on a regular basis. Mr. McMahon further stated he appreciates the City's concerns for the community's safety and that if a lift station is needed, why doesn't the City install a public sewer system. Commissioner Tilsen stated with the requested lot split, it has come to the Commission's attention that there can be other sites available for the existing septic system. Commissioner Tilsen inquired if there are two sites available on Lot 2. Mr. McMahon responded no. Commissioner Tilsen inquired what percentage of wetlands is located on Lot 2. Mr. McMahon responded he does not know. In response to a question from Commissioner Tilsen, Mr. Brown stated the existing lot is in excess of 120,000 square feet and that better than half of the lot is buildable. He stated Planning Commission May 25, 1993 Page 10 60,000 square feet of the lot is dry and buildable. Commissioner Duggan stated he agrees with the idea of a restrictive covenant with the creation of Lot 1. Chair Dwyer stated the covenant will run with the plat. Dr. McMahon stated there are no existing covenants running with the land. Commissioner Duggan inquired if a restrictive covenant is strong enough in maintaining the land as undevelopable. Mr. McMahon stated the covenant will run with the land along with a permanent easement and they will section off the land to make the property uninhabitable. Commissioner Hunter stated he has no problem with the requested variances and inquired with mortgage standards if the City has the right to prevent a subdivision that is reasonable. Planner Uban stated the City may use the matter of life and safety as an issue in denying a subdivision. Planner Uban stated that with any additions to a house, the house must be brought up to code. Planner Uban stated the City can review an existing septic system. He stated there are methods of updating systems. Commissioner Hunter stated he does not share the same level of concern for existing septic systems as Commission Tilsen. Mr. McMahon inquired as to the standard of review with existing septic systems. He stated that new septic systems have quite a construction technique. Chair Dwyer inquired as to who has the authority to conduct inspections and require a clean up of an inadequate septic system. Public Works Director Danielson briefly explained the Furlong neighborhood on site septic system problem. He stated Dakota County may become involved. He stated that the existing system will be difficult to analyze as it will be unlikely the City could located the plans of the original design. Chair Dwyer inquired if water samples could be completed down stream. Danielson stated it would take cooperation of landowners and that it would be a lengthy and difficult process. He stated the City could look at bringing utilities to the area. He stated it would be a very difficult process. Commissioner Tilsen stated the existing septic system is a non conforming system. He stated that Lot 2 should have an alternate site. He further stated an easement is necessary for ingress /egress access. Commissioner Friel arrived at 9:15 o'clock P.M. Mr. McMahon stated there is already a 20 foot wide easement and that he wanted clarification on the definition of an easement. Chair Dwyer stated the County requires a 55 foot Planning Commission May 25, 1993 Page 11 dedication. Planner Uban stated there is no material impact with the dedication and it gives the County future use to widening the road in the future, if so desired. Public Works Director Danielson stated Mr. Mazzara was able to dedicate an easement. Commissioner Koll inquired if there would be plans to construct an addition to the new home. Mr. McMahon responded no, not at this time. He stated the plans at this point in time are schematic. He further stated the barn will not be replaced because the driveway needs to be located there. He further stated Carl Bolander will demolish the barn. In response to a question from Commissioner Koll, Mr. McMahon stated the existing road is just over 1,200 feet and when re- routed, will be 1,100 feet. Mr. McMahon stated the existing house is roughly 120 feet from the Gesell home. Chair Dwyer opened the meeting to the public. Mr. Weyerhaueser, east property owner, stated he supports the McMahon's project. He stated they have been good neighbors. He stated he agrees that the wetlands should be protected. He stated he is bothered by a 60 foot wide road. He stated he has no intention of developing his property as it is low and much of it is wetlands. He stated with the construction of a 60 foot wide road, many trees will be lost. Commissioner Tilsen explained the Commission is discussing a 60 foot right - of -way dedication not the construction of a 60 foot wide road. He stated with the dedication of right -of -way, the City retains the area for other uses such as roadway and utilities. Mr. Weyerhaueser responded the area residents do not want a road. Commissioner Tilsen explained further that the City retains the right to provide utilities if the owners of the property petition the City for utilities. Mr. Murphy, neighbor to the north, stated he supports the McMahon's proposal. He further stated he is in support of long term plans for the area. Mr. Guyer, neighbor to the west, stated his property adjoins where the wetlands are located. He stated that he adamantly supports the McMahon's. He stated the McMahon's proposal is in keeping with the entire area. He stated the McMahon's have taken a great concern in caring for the wetlands and prairie restoration. Commissioner Duggan moved to close the public hearing. Chair Dwyer seconded the motion. Planning Commission May 25, 1993 Page 12 AYESs 6 NAYS s 0 Commissioner Tilsen moved to recommend that City Council approve the requested subdivision with the following conditions: 1. That a ninety foot (90') variance to the required lot width of one hundred fifty feet (150') in the R1 -A Zone be granted for Lot 1; and 2. That a Wetlands Permit be granted to allow construction of the proposed home on Lot 1 to within seventy five feet (75') of the designated wetlands and to allow for the removal of the current driveway and the restoration of this area, as proposed; and 3. That a variance to the required public road frontage be granted for Lot 2; and 4. That the preliminary plat be revised to show the locations of all wells, septic systems, electric utilities, gas utilities, telephone utilities, and other utilities; and 5. That the applicant provide an inspection and report on the current state of the existing septic system in operation for the existing home located on proposed Lot 2 and that this preliminary plat approval be subject to replacement of the existing septic system, if deemed necessary; and 6. That an alternate septic sewer site be shown on the plat, if deemed necessary and that an easement be provided on the plat if the alternate septic system cannot fit on Lot 2; and 7. That a conservation easement of thirty feet (30') around the existing wetlands to preserve the vegetation in its natural state be filed with the plat; and 8. That a restrictive covenant be filed with the plat to run with the land that states there will not be further subdivision of Lot 1; and 9. That a private access easement for ingress and egress for Lot 2 be filed with the plat to run with the land, as proposed; and Planning Commission May 25, 1993 Page 13 10. That all utility easements be shown on the plat as approved by the City Engineer. Commissioner Tilsen further moved that this motion with conditions are subject to the inspection of the septic sewer system, and the report of this inspection, to be completed prior to the review of this application by the City Council on June 15, 1993. Commissioner Duggan seconded the motion. AYES: 5 NAYS: 0 ABSTAIN: 1, FRIEL Commissioner Friel noted his abstention as he was not present during the full discussion of this request. Chair Dwyer called a recess at 10:10 o'clock P.M. Chair Dwyer reconvened the meeting at 10:20 o'clock P.M. HEARING: CASE NO. 93 -12: BAARS - VARIANCE FOR SECOND GARAGE Mr. Clifford Baars, of 1947 Knob Road, was present along with his attorney, Russell Crown, to discuss his request for a variance to allow a second garage. Mr. Crown explained the diagram of the proposed garage addition and explained where the existing driveway is located from Knob Road. He explained that Mr. Baars has one garage and that he desires to construct a detached garage to store several recreational vehicles. Mr. Crown explained it is not practical to build an attached garage as there would be an encroachment to the property line. He stated the proposed location of the detached garage is the most practical place to position the garage as it cannot be seen from Knob Road. He explained the neighbor to the south has not agreed to the requested variance. Crown stated Mr. Baars believes that landscaping will screen the neighbor's view of the proposed addition. Mr. Crown stated it could be possible to construct the garage to the rear of the home but then the Baars' would loose their rear yard. He stated it may be possible to create another room out of the existing attached garage. He stated a spruce Planning Commission May 25, 1993 Page 14 tree will need to be removed. He stated that Mr. Baars' request seems realistic as it accomplishes his goals of storing his recreational vehicles. Mr. Crown stated the Planner has suggested that Mr. Baars submit an additional scaled diagram of the addition. He stated a ten foot (10') rear yard setback, as required, is not a problem. Mr. Crown explained that Mr. Baars had started pursuing this request in 1992 when he bought his father's home. He stated that at that time, the Code Enforcement Officer informed Mr. Baars' father that the garage addition would not be a problem. He stated when Mr. Baars applied for the permit in October, he was told that he needed a variance. He stated that there have been changes to the Ordinance since Mr. Baars began the process and that he would like to be given some consideration in approving the addition without a variance. Commissioner Friel stated there have been changes to the Ordinance. He stated the applicant does have an attached garage and that he is actually applying for an accessory structure. He inquired as to why Mr. Baars is applying for a variance and not a conditional use permit. Administrative Assistant Batchelder explained that staff had met with Mr. Baars prior to the ordinance change and had directed him to apply for a variance to have a second garage. Commissioner Friel responded the Ordinance did not change in that garages are regulated separately and that this is still considered an accessory structure which should be reviewed as a conditional use. A brief discussion ensued regarding the interpretation of the Zoning Ordinance regarding accessory structures and variances. Commissioner Tilsen pointed out that a conditional use permit does not require an applicant to prove hardship. He stated he does not believe the Mr. Baars' application will be setting a precedent as there are several homes on Knob Road with similar situations. Commissioner Friel stated Mr. Baars has not proven hardship. Mr. Crown cited Section 5.5(1) of the Zoning Ordinance regarding practical difficulty or undue hardship. He stated that Mr. Baars only has a one car garage which he considers a practical difficulty in that most people have two car garages. Chair Dwyer inquired as to how this application could be converted to a Conditional Use Permit. Batchelder responded there seems to be an interpretation disagreement and that Planning Commission May 25, 1993 Page 15 staff should ask the City Council for clarification. Commissioner Duggan stated he would like to see the proposed garage reduced in size. In response to a question from Commissioner Duggan, Mr. Baars stated there is adequate drainage as he has just removed some top soil. Commissioner Duggan cited Section 4.5(3) of the Zoning Ordinance explaining that the floor of a garage shall be at least 1 1/2 feet above the street grade. He stated that this does not exist within Mr. Baars neighborhood. He further stated that accessory structures cannot be larger than the primary structure. Commissioner Duggan stated the Planning Commission does not have an accurate drawing to review. He reiterated that he does not have any objections to the request but that he would like to see the garage reduced in size. The Planning Commission and Mr. Baars briefly discussed the size of the recreation vehicles and the necessity for a large garage. Mr. Baars explained there will be three overhead doors and there will be a service door located on the north side of the garage. He stated there will no windows due to security reasons. In response to a question from Commissioner Duggan, Mr. Baars stated his wife will use the existing attached garage. He stated there is a yard light which lights up the driveway. Commissioner Friel stated the applicant should be required to apply for a Conditional Use Permit. Commissioner Duggan inquired as to what the procedure would be for a Conditional Use Permit. Administrative Assistant Batchelder responded that a hearing is conducted and that an abstract is needed for published notice and that mailed notice is sent to property owners within 350' feet of Mr. Baars property. Commissioner Tilsen stated the proposed addition seems to fit well within the neighborhood. Mr. Baars stated the addition will match the exterior of his home. Commissioner Duggan moved to table the request to June 22, 1993 to allow time for Council or City Attorney to clarify which method Mr. Baars should proceed under, a variance or conditional use permit. Commissioner Tilsen offered a friendly amendment stating that Mr. Baars should also submit scaled drawings and a landscape plan. Commissioner Tilsen seconded the motion. Planning Commission May 25, 1993 Page 16 AYES: 6 NAYS: 0 HEARING: CASE NO, 93-14: MIKE - VARIANCE FOR LOT WIDTH Mr. Fredric Mike, owner of a vacant lot located at 547 Simard Street, was present to discuss his request for a variance to lot size to allow the construction of a single family home. Mr. Mike explained his lot is approximately 10,200 square feet. Chair Dwyer explained this lot is located within an older plat and that similar variances to lot sizes on other lots in this area have been granted. Mr. Mike explained his lot is located in between two new houses. Commissioner Tilsen inquired if there is a drainage easement. He stated because this is an old platted area, the utility and drainage easements have not been dedicated. He stated the City currently requires utilities and drainage easements on all new plats. Mr. Mike responded there is no drainage easement on his property. Commissioner Tilsen stated he had walked the area and inquired if a drainage easement would be necessary since the area is no longer considered a wetlands area. Public Works Director Danielson stated it would be appropriate to recommend a drainage easement to be located at the rear of the lot. Commissioner Tilsen further noted that the new home being constructed on Lot 3 seems to have more grading completed than originally shown on the grading plan. He asked that the City staff check into the original grading plans and to also check the manhole which is sticking up out of the ground. Chair Dwyer opened the meeting to the public. There was no one present to discuss this request. Commissioner Duggan moved to close the public hearing. Commissioner Tilsen seconded the motion. AYES: 5 NAYS: 0 Commissioner Duggan moved to recommend that the City Council grant a 300 square foot lot area variance for Lot 5, Block 2, Guadalupe Heights. Planning Commission May 25, 1993 Page 17 Commissioner Tilsen offered a friendly amendment stating the approval should be subject to the applicant providing a drainage easement for the rear of the lot as determined necessary by the City Engineer. Commissioner Duggan accepted the friendly amendment Commissioner Tilsen seconded the motion. AYES: 5 NAYS: 0 CONTINUED HEARING: PUD AMENDMENT Commissioner Friel briefly explained he has drafted amendments to the City's Planned Unit Development Ordinance. He explained the proposed changes within the Purpose and Definition Sections of the PUD Ordinance. He further explained changes to the procedural methods for obtaining a PUD, particularly the process for sketch plan review. Commissioner Friel stated he is proposing these changes to develop more of a consistency within the PUD Ordinance, Commissioner Friel stated he concurs with Planner Uban's suggestion that the City consider reviewing its Comprehensive Plan. Administrative Batchelder reminded the Planning Commission of the joint workshop between City Council and the Planning Commission which will be held on June 3, 1993 at 7:30 o'clock P.M. Commissioner Duggan stated the City should review its Comprehensive Plan as most of the statistics are from 1977 and 1983. Commissioner Duggan moved to continue the public hearing to June 22, 1993 at 7:45 o'clock P.M. Commissioner Tilsen seconded the motion. AYES: 5 NAYS: 0 Planning Commission May 25, 1993 Page 18 ADJOURNMENT There being no further business, the Planning Commission adjourned its meeting at 11:30 o'clock P.M. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary