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HomeMy WebLinkAbout09.13.94 Planning Packet ", . . . AGENDA PLANNING COMMISSION REGULAR SEPTEMBER 13, 1994 1. CALL TO ORDER - 8:00 P.M. 2. APPROVE MINUTES - AUGUST 9, 1994 3. PUBLIC HEARINGS 8:00 P.M. - Variance Request to Create a Parcel within 2 Feet of Existing Building 8:15 P.M. - Variance Request to Place Sign 50 Feet from Center of Akin Road a. b. 4. DISCUSSION Revised Lot Layout - Nelsen Hills Farm 3rd Addition Proposed Ordinance - On Site Sewage Treatment Systems Variance Request - Performance Industrial Coatings a. b. c. . . . AGENDA REPORT PLANNING COMMISSION REGULAR SEPTEMBER 13, 1994 1. CALL TO ORDER 2. APPROVE MINUTES 3. PUBLIC HEARINGS a. 8:00 P.M. - Variance Requested by Evelyn Cummings to Create a Parcel with One Side Lot Line within Two Feet (2') of an Existing Building on the South Side of County Road 50 Two homes are located on this lot and one has been sold but needs a variance before a division can be approved. The reason that a variance is required is that a metal quonset building is located on the proposed property line. The real estate agent proposed a division which leaves a two foot maintenance space on three sides of the building. The problem is that the agricultural district requires a 20 foot wide sideyard setback. While this may be excessive, the R-1 Low Density District includes minimum side yards of 6 feet. The options for the Commission range from a finding that since the building exists, whoever purchases either property will be well aware of the lack of setback, to increasing the setback around the building to six feet which would compare favorably with the R-l District. Another might be to request that the structure be eliminated so that the property line can be drawn without four right angle turns. The Board may grant a variance if literal enforcement would result in undue hardship with respect to the property; such unnecessary hardship results because of circumstances unique to the property; the hardship is caused by provisions of this title and is not the result of actions of persons presently having an interest in the property; and the variance observes the spirit and intent of the ordinance, produces substantial justice and is not contrary to the public interest. All of the other requirements can be addressed convincingly in a motion to approve. On the other hand, this situation is not likely to present itself very often in the administration of the ordinance. Recommendation The staff recommends approval with the understanding that each of the variance criteria are addressed in the motion. b. 8:15 P.M. - Variance Requested by Bible Baptist Church to Place a Sign Fifty Feet (50') from the Center of Akin Road The right of way of Akin Road in this area is 66 feet wide. The sign, therefore, would need to be 83 feet from the centerline to observe . . . Agenda Report - 9/13/94 - Page 2 the 50 foot setback required of all structures which front along County Road 31 (10-4-1[J]). While the applicant did not submit a site plan (one has been requested), it is assumed that the requested sign will be placed in the same location as the temporary sign. The location of the proposed sign would, therefore, be in the middle of the parking lot if the setback lines are observed. The Commission is in the position of evaluating the request in terms of other site options as in the planting areas in the parking lot or at either edge. Would these locations work equally as well or does the site topography, which pushes all of the development to the western edge of the property, create a hardship under the terms discussed in the first variance? A visit to the site and a copy of the site plan may help in formulating an opinion. It should be recognized that any variance granted at this location will create a precedent for other development proposals along County Road 31 and County Road 60 west of County Road 31, particularly with respect to signs. The Church has also requested an 84 square foot sign where only 75 square feet is acceptable (4-3-2[A]16). Recommendation The staff needs to look at a specific site map and observe topography at the same time. 4. DISCUSSION a. Revised lot layout of Nelsen Hills Farm 3rd Addition The MAPCO Gas Company, on Tuesday, September 6th, issued a request to the developer to eliminate any roads which cross their easement adjoining Pilot Knob Road. Because the developer was concerned about time consuming litigation if the gas company continued its objection to the crossing, the City Council approved a revised preliminary plat for Nelsen Hills Farm 3rd Addition which includes a cul-de-sac 700 feet long subject to a recommendation from the Planning Commission that a variance is justified. The maximum length of a cul-de-sac in Farmington in 500 feet. If the cul-de-sac were to be restricted to 500 feet, the developer would lose approximately 3 lots. The section of the City Code referred to is 11-6-2-1 Findings - The three tests of a variance include special circumstances which would deny the applicant reasonable use of the land, granting of a variance would not be detrimental to the public health, safety or welfare, and the variance is to correct inequities resulting from an extreme physical hardship. All three tests appear to warrant such a variance. Recommendation Approve findings which will justify the City Council action in granting the variance. b. Proposed Ordinance for Installation and Maintenance of On-Site Individual Sewage Treatment Systems The City Administrator has prepared a draft ordinance for on-site systems and would like Planning Commission input before it goes to the City Council for a public hearing. t Agenda Report - 9/13/94 - Page 3 . c. Variance Request from Performance Industrial Coatings On August 8, 1994, Jack Matasosky mailed the enclosed variance application to construct a 40' driveway opening for Performance Industrial Coatings in the Industrial Park. The request is similar to one raised by Lexington Standard when that facility was built. The company moved here because it does contract work for Lexington Standard and, as such, paints many long poles. A narrower driveway opening will not function efficiently inasmuch as the trucks need reasonably straight access to the loading area. Because the application was misplaced, a hearing was not advertised and official action cannot be taken. This discussion is intended as an introduction to the subject with feedback sufficiently strong to allow City staff to issue a curb breaking permit before the actual hearing if the Commission agrees that a variance is justified. The actual hearing would then occur after the driveway is in place. Recommendation Evaluate variance criteria in relation to this request. ,.&J., 4! 1/,~ Charlie Tooker City Planner .