HomeMy WebLinkAbout08.11.92 Planning Packetr
1. CALL TO ORDER 7:00 P.M.
2. APPROVE MINUTES JULY 14, 1992
3. DISCUSSIONS
AGENDA
PLANNING COMMISSION
REGULAR
AUGUST 11, 1992
a. Pat and Bobbi Devney 4900 203rd Street West Request Variance for Height
of Playhouse
b. Sandy Yule 900 Maple Street Request Recognition of Multiple Operator
Beauty Shop in Home
c. Francis Blaha 201 Spruce Street Conditional Use Landscape Plan
d. Very Low Density Housing Option in Draft Comprehensive Plan and Zoning Ordinance
e. Zoning Amendment to Eliminate Mobile Homes within R -4 Mixed Code District
4. ADJOOURN
1. CALL TO ORDER
2. APPROVE MINUTES
3. DISCUSSIONS
AGENDA REPORT
PLANNING COMMISSION
REGULAR
AUGUST 11, 1992
Pat and Bobbi Devney 4900 203rd Street West
Bobbi Devney's father built a playhouse for his grandchildren measuring 10' x 12'
and approximately 15 feet high. The zoning ordinance says that such a structure shall
only be 9 feet tall (10 -6 -5 A.2). The Devney's would like an informal discussion
of this issue by the Planning Commission to see if there is any possibility that a
variance could be granted. There does not appear to be grounds for a variance. The
building is two stories high with an exterior staircase to the second level. It might
be possible to replace the enclosed second level with an open deck with railing, but
the structure as it stands clearly violates the intent of the zoning code with respect
to accessory storage buildings. The Commission should make every effort to see the
structure.
Sandy Yule 900 Maple Street
Ms. Yule was granted a permit to create a beauty parlor in her home as a special exception
in September of 1976. The ordinance under which this was adopted allowed two employees
who were not members of the family. Ms. Yule has indicated that she has documentation
to prove that she did, indeed, have an employee who was not a member of her family
at about that time. In March, 1980, the zoning ordinance was amended eliminating
the employee option. The ordinance required that only people residing in the home
were eligible to operate a home occupation. This action made the use non conforming
and at some subsequent time, there was no longer an employee.
The zoning code is very specific in Section 10 -6 -1 (D) that if any nonconforming use
ceases for whatever reason for a period of one year, such nonconforming use shall
not be resumed. It appears that Ms. Yule does not have a legitimate claim for "grand-
father" rights since there has not been a nonresident operating in this facility for
many years.
Francis Blaha 201 Spruce Street
Mr. Blaha supplied the attached site plan on July 31st, drawn at a scale of 3/8" 1'.
The staff has discussed the circumstances of this use and agree that it is an interim
use. As such it does not make a great deal of sense to develop a landscape plan that
might be implemented and in place anywhere between nine months and nine years. However,
the City in the past has required landscaping of boulevards in the business district
when firms upgrade or change their mode of operation. By way of example, Lamperts
has been allowed to create a landscaped boulevard along its Spruce Street frontage
as well as to fund extension of the north /south walk adjoining the west side of the
railroad adjoining the site rather than to plant on site. The pattern of development
to be implemented by Lamperts within the Spruce Street boulevard duplicates the planting
plan created along Spruce when the Senior Center was remodeled.
The staff, therefore, recommends that the Blaha landscaped space also occur within
Spruce Street between the existing sidewalk and future curb of Spruce Street. The
entire strip should be grass except for driveway access to the Collision Center parking
area. The area between the existing curb and the future curb line may remain in asphalt
for parallel parking until Spruce Street is improved. Neither the existing sidewalk
or curb should be replaced until then, or until a longer term use is developed on
site. The important point is that the character of Spruce Street can be established
now and a more finished look established when redevelopment takes place.
Staff recommends that the trees involved in the planting continue with the alignment
established at the Senior Center. A schematic plan prepared by staff is enclosed
for consideration by the Planning Commission.
The other major concern of staff is the material to be utilized in creating a screen
fence for the enclosed area at the north end of the property. A cedar board -on -board
fence six feet tall would be most appropriate since it would have the ability to block
the view of stored vehicles. Mr. Blaha has not indicated his intention regarding
materials for the screen fence.
Very Low Density Housing
Attached is a memo prepared for the Development Committee and forwarded to the City
Council. The Council is satisfied with the approach and has asked for Planning Commission
input. If the Planning Commission agrees that amendments should be prepared, the
staff will forward the information to the Metropolitan Council for their review.
Zoning Amendment for R -4 Mixed Code District
A call from an attorney in one of the large law firms in the metropolitan area regarding
mobile homes has raised a question about the advisability of retaining mobile homes
within the R -4 District. Currently, there are few to no available lots in the north
eighty acres of Dakota County Estates. If the developer were to suddenly change,
or an existing house were destroyed by fire, a mobile home could be placed on any
available lot within the R -4 District.
A change would be advisable since the City Council is also looking to establish City
wide design standards. The R -4 District was originally created as a special district
to include mobile homes somewhere within the City. It is based on the R -2 District,
but without the potential for mixed architectural styles that is available within
the R -2 District. The simplest solution to an immediate problem would be to eliminate
mobile homes from the permitted use section and then to revise the entire ordinance
after the draft comprehensive plan has been adopted.
(eat,
Charles Tooker
City Planner
cc: file