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HomeMy WebLinkAbout06.12.90 Planning Packet1. CALL TO ORDER 7:00 P.M. 2. APPROVE MINUTES MAY 8, 1990 3. PUBLIC HEARING 7:00 P.M. AGENDA PLANNING COMMISSION REGULAR JUNE 12, 1990 Evaluate R -3 Zoning in Fair Hills Plat 4. PUBLIC HEARING 7:30 P.M. Request from Gerald Sacks to Move a Garage Onto the Lot at 820 7th Street 5. PUBLIC HEARING 7:30 P.M. Request for Gregory St. John for a Conditional Use to Recognize an Existing Accessory Apartment at 515 Oak Street 6. DISCUSSION Request from Warren Sifferath Representing Whispering River Homeowners Association to Build a Storage Shed Within Designated Open Space Recommendation AGENDA REPORT PLANNING COMMISSION REGULAR MEETING JUNE 12, 1990 1. CALL TO ORDER 7:00 P.M. 2. APPROVE MINUTES MAY 8, 1990 3. PUBLIC HEARING 7:00 P.M. Evaluate R -3 Zoning in Fair Hills Plat Since the last public hearing, Wilbur Goetze from Brookpark Realty, Inc., repre- senting the landowner, called to discuss the development limitations of this out lot with respect to topography. It will not be possible to construct a street with lots on both sides since the distance between the west property line and the storm water management ponding easement averages only 200 feet. He wondered if the City would accept a platted street along the property line. The response was that this would be possible only if the adjoining landowner was also going to participate in the plat, since the City cannot accept half streets. Since that conversation, the property owner to the west, John Devney, has indicated that he has no interest in developing this agricultural land at the present time. In essence, Mr. Goetze looked upon the R -1 Density as suitable only for single family construction. Actually, single family dwellings are the only permitted uses, but double and multiple family dwellings, plus planned unit developments would be possible as conditional uses. The major differences between R -1 and R -3 zoning involves density and some of the more intensive uses move from the conditional use list to the permitted use list in the R -3 District. The acceptable number of units in an R -1 PUD is 4.5, whereas the maximum number in an R -3 PUD is 18.2 units per acre. Since the average number of units built in a traditional subdivision is approximately 2 units per acre, both R -1 and R -3 PUDs would result in a higher density. The difference for the Planning Commission to consider is the total number of units that would be appropriate on this property. The analysis presented in the previous agenda does justify a change in zoning and the staff recommendation continues to be as originally presented. Forward a recommendation to the City Council in support of a reduced density for the Fair Hills outlot by replacing the existing R -3 District with an R -1 District. 4. PUBLIC HEARING 7:30 P.M. Special Exception to Move a Garage onto the Lot at 820 7th Street Requested by Gerald Sacks Section 10 -8 -7 of the City Code identifies the procedure for moving structures into or within the City. Paragraph (D) indicates the criteria that the Board of Adjust- ment (Planning Commission) must use in evaluating a request which relates more to principal buildings than to accessory structures. However, items listed in 1 thru 3 of paragraph (D) appear to be satisfied based upon the snapshots that were sub- mitted with the application. Item 4 will be outlined by the Commission since it relates to the conditions of a possible approval. Paragraph E requires that a letter of credit shall be delivered to the City Finance Director in an amount equal to the cost of the work to be done. The Finance Director has suggested that an approval should be contingent upon the applicant securing a Certificate of Insurance from his agent to cover the cost of repairing damage to public rights of way or potential failure of equipment on the way. In addition, a Letter of Credit shall be drawn in favor of the City in the amount of $1,500.00, the stated value of the garage. The ordinance also requires in paragraph (B) that the Building Inspector shall investigate the building and provide a recommendation regarding the appli- cation. Assuming that the recommendation is favorable and both a Certificate of Insurance and Letter of Credit are provided, this Special Exception likely should be approved. The major question might relate to the economics of such a move. A new garage may not cost any more than the moved unit, especially after paying for the contingencies required by the Finance Director. Recommendation Approve the requested Special Exception to move a garage onto the lot at 820 7th Street from Gerald Sacks, subject to the applicant securing a Certificate of Insurance to cover all aspects of the proposed move, a Letter of Credit in favor of the City in the amount of $1,500.00 to be held until the required improvements are in place, which shall not involve more than ninety (90) days from the time of approval. 5. PUBLIC HEARING 7:30 P.M. Conditional Use Request to Recognize an Existing Accessory Apartment at 515 Oak Street from Gregory St. John Between the time that this request was originally discussed and the application actually submitted, a public hearing was advertised mentioning only an accessory apartment. The application was filed stating that before the house was purchased by the applicant, two rental units had been created. One unit includes its own kitchen area, whereas the second does not. Both units share the same bath from a common hall. The lot is large enough at 11,900 square feet to justify a duplex and the size of the rental area if both rooms were put together will qualify as an accessory apartment. There are only two other two unit structures in this block. The problem is that the previous owner converted the rental space to two separate units. These units together with the primary unit make this structure a multiple family dwelling, which could be a conditional use if the lot were at least 20,000 square feet in area. The subject property came to the attention of staff only after one of the tenants asked for services that they believed: the City should be supplying. There has been a fire in the primary unit and it is temporarily unoccupied. It is the opinion of staff that because of the land area limitations on this site, the two units should be converted to one rental unit by the elimination of the central hall. The remodeling would be timely since the primary unit is currently being redone. The applicant would like to keep the rental income of both units and believes it is justified because the conversion took place before his acquisition. Recommendation Approve the conditional use request for an accessory apartment at 515 Oak Street based upon the lot size which does not contain enough land area to justify a multiple family dwelling. 6. DISCUSSION Request from Warren Sifferath for the Whispering River Homeowners Association to Build a Storage Shed Whispering River was approved as a conditional use with designated open space within an R -2 District involving some Flood Fringe land. The homeowners association has not been satisfied with the yard service it hired last year and either has, or would like to, hire one of the homeowners to do the work. The problem is the lack of any storage space for the equipment needed for year round maintenance of the yard area. The problem here is that such a utility storage building will eliminate the open space agreed to in the approved plan. A secondary problem is the diffi- culty the group will have in creating a structure that reflects the design and character of the original structure. It would appear that a structure possibly could become a permanent solution to a temporary problem. The storage unit could be in place long after the resident caretaker has moved to other quarters. If however, the Commission believes that such a structure is justified, a Public Hearing will need to be advertised and the Conditional Use Plan changed. Recommendation Advise the applicant to seek another solution. Charles Tooker d P Planner CT /mh