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HomeMy WebLinkAbout02.15.83 Planning PacketAGENDA PLANNING COMMISSION REGULAR FEBRUARY 15, 1983 7:30 P.M. 1. Minutes of January 18, 1983. 2. Public Hearing 7:30 P.M.- Special Exception, Home occupation at 908 Westlyn Ct. 3. Review Preliminary Plat Dakota County Estates. 4. Request Special Exception, 315 Pine Street. 5. Organization of Planning Commission for 1983. 6. Discussion Planning Commission Work Program for 1983. Items PLANNING COMMISSION AGENDA REPORT REGULAR MEETING FEBRUARY 15, 1983 2 Public Hearing T.R. Schoonover Special Exception 7:30 P.M. The request for a home occupation permit at 908 Westlyn Court involves the conversion of one room in the residence to a display area and shop for the sale of silk and dried floral arrangements. The City Code authorizes the Board of Adjustment to grant special exceptions under specific circumstances listed in Section 2 -4 -4. The following need to be discussed: A) A home occupation is possible only in single family dwellings. B) Vehicular access and parking are of a concern particularly on a cul -de -sac street. One outlet may not be a problem but a home occupation in the turn around portion of the street could be. In addition, the Board of Adjustment should review Section 10- 10 -8(C) with the applicant to be assured that the activity will be conducted solely by full time residents and that the activity does not deal with the general retail public and generate unusual automotive traffic. RECOMMENDATION: Assuming that the proposed use is not located at the end of the cul -de -sac, and that customers view the display area by appointment,' traffic into the neighborhood will not substantially increase. Staff recommends approval of the home occupation. 3 Preliminary Plat Dakota County Estates The preliminary plat submitted by Martinez Mapping and Engineering Inc. is substantially the concept approved at the Joint Meeting held together with the City Counci and Park Recreation Commission on November 29, 1982. In its review of the preliminary plat on February 7, 1983, the Park Board has suggested that the Park should be at a minimum of 275 feet wide, in order to accommodate softball, and the road along the north side of the Park should be adjusted northward. At an earlier discussion by the Planning Commission, the narrow width of the Park was pointed out, but there appeared to be a consensus that softball could be accommodated on the east 40 acres when it is developed. The tentative layout for the east 40 acres showed a space large enough for softball. That plan has no official status but can be used in recog- nition of the concerns of the Park Recreation Commission. A major concern of the planning staff is that Lots 33 and 34 of Block 7 are not buildable. The ponding area, subject to considerable earlier discussion, starts at the building setback line and continues throughout both lots and includes a substantial portion of Lots 3 and 4 of this same block. The latter two lots appear to be buildable as there is at least 100 feet separating the setback line from the pond. The County Engineer has asked that the final plat show a restricted access Page 2 Agenda Report easement dedicated to Dakota County adjacent to the right -of -way line of County 31. The developer has requested that public improvements be installed by the City and assessed to the property. He has also indicated an interest in developing the first phase of the plat in 1983. Because October 10th in the last day in which assessments may be certified to the County Auditor, there is a considerable time constraint upon completion of necessary approvals, preparation of engineering detail and developing cost estimates in order to make this first phase a reality in the current year. Staff will outline the necessary time sequence at the meeting. RECOMMENDATION: Forward the preliminary plat to the City Council as proposed, recommending approval and establishment of a public hearing. 4 Request for Special Exception 315 Pine Street by C. Weisbrich The existing mobile home is a continuing non conforming residential use in a B -3 Zoning District. As a non conforming use major improvements may not be made unless the use becomes conforming. The potential buyer is interested in this mobile home as living space and would increase the size for that purpose. Section 2- 4 -7(A) reads as follows: "A non conforming use which occupies a portion of a structure or premises may be extended within such structure or premises as they existed when the prohibitory provision took effect, but not in violation of the area and yard requirements of the district in which such structures or premises are located. No change of a non conforming use shall entail structural alterations or any additions other than those required by law for the purpose of safety and health. RECOMMENDATION: A public hearing should not be scheduled since the ordinance clearly states that additions are not permitted. 4 5 An election of officers should be followed by a discussion of planning activites envisioned for the coming year. Respectfully submitted, Charles Tooker Planner CT /sz cc: file f