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HomeMy WebLinkAbout10/9/07 . Planning Commission Minutes Regular Meeting October 9, 2007 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Oswald, Larson, Barker, Burke Members Absent: Rotty Also Present: Tony Wippler - Assistant City Planner, Lee Smick - City Planner Stephen Pierskalla and Karen Davis, Michael Bischel, Kimberly Sperling, Shannon Walsh 2. Approval of Minutes a) September 11, 2007, Regular Meeting MOTION by Barker, second by Burke to approve the September 11,2007 minutes. APIF, MOTION CARRIED. 3. Continued Business a) Variance to Encroach into Drainage & Utility Easement -19874 Dover Dr. . Applicant: Stephen Pierskalla and Karen Davis 19875 Dover Drive Farmington, MN 55024 . This item has been continued from the September 11,2007 Planning Commission meeting. The Commissioners were concerned that there was a potential hardship and requested that staff from the Engineering and Building Inspections Departments go to the site to determine if the grade ofthe property poses a hardship. The property is adjacent to a drainage pond that will need occasional dredging of silt build up. The homeowners have constructed a rock wall 6.5 feet into the drainage and utility easement. Staff is concerned that the rock wall will prevent access to the pond. The slope has been determined to be 33% which is a maximum slope and is not considered to be a hardship. Staffis recommending denial ofthe variance and is requesting direction to work with the City Attorney to draft findings of fact. Commissioner Burke asked the homeowner ifhe was told by City staff on two occasions to stop constructing the rock wall in the easement area. Ms. Karen Davis stated that someone did come out and speak with her, but they were almost finished with the wall at that time so they continued to work and completed the wall. Commissioner Burke stated that he would not be in support of the variance. Mr. Stephen Pierskalla stated that he was confused by what "line" staff was referring to, regarding the easement line and the property line. He came into City Hall and spoke with staff about the as-built survey but by that time the wall was already done. Commissioner Burke asked if it is customary to notice a homeowner verbally or in writing in this type of situation. Ms. Davis stated that there was only one occasion when staff came to the site, however, she did mention later a second visit by a different staff member to attempt to locate the northwest property line. City Planner Smick stated that typically there is an initial verbal warning. Ms. Davis stated that there is over 20 feet between the rock wall and the pond. She stated that the rock wall makes the slope of their yard more gradual Planning Commission Minutes October 9, 2007 Page 2 . for safety reasons. MOTION by Oswald, second by Barker to close the public hearing. APIF, MOTION CARRIED. Commissioner Burke asked what the staff would be recommending with regard to the applicant's building permit application to construct a deck that is currently being held until the encroachment issue is resolved. Staff replied that per the City Attorney; the deck permit can be released once the encroachment is removed. Commissioner Burke stated that he would like to move to deny the variance but to approve the deck permit. Commissioner Barker stated that he did not feel that the Planning Commission has the authority to approve a building permit. Staff stated that the Building Official has put the approval of the building permit on hold until the resolution of the encroachment issue per the City Attorney's recommendation. Commissioner Burke stated that if we have the opportunity to impose fines for failure to comply with the denial of the variance, then he feels that the building permit should not be tied to this issue. MOTION by Burke, second by Barker to deny the variance and direct staffto draft findings of fact. APIF, MOTION CARRIED. b) Bischel-Sperling Preliminary and Final Plat Applicant: Michael Bischel and Kimberly Sperling P.O Box 194 Farmington, MN 55024 . This item was also continued from the September 11 th Planning Commission meeting. There were several concerns raised at that meeting that needed to be reviewed. City Planner Smick has responded to the concerns raised by the homeowner to the south, Ms. Shannon Walsh. Acting Chair Larson stated that he would like to continue this item for one more month so that there can be discussion between the Planning commission and the City Council. He stated that there should be discussion regarding the larger lots in the downtown area and whether or not this type of development should take place there. Commissioner Barker stated that he would be in favor of waiting as well. Commissioner Oswald said that his only concern would be ifthe 120 day review period were to run out. Staff stated that this would not be an issue if they were to continue the item one month. The 120 day period is designed for the Planning Commission to get as much information as possible. Commissioner Burke asked ifthe changes that have been made since the last meeting meet the requirements of the City Code. City Planer Smick stated that the only item that concerned her at this point is the lot coverage for Lot #3 which is currently at 31 %. The coverage can only be 30% and this would need to be corrected. Mr. Ray Brandt stated that he has computed the lot coverage at 30% and he will get staff the numbers. . Mr. Mike Bischel stated that every time this item is continued it costs him money. He feels that the way this is being handled is counter productive. He doesn't feel that what the original developers of the lot had in mind 100 years ago is relevant today. He stated that land prices continue to rise and the current use of the lot is wasteful. He feels that there are other uses for these properties that will increase densities. There are multi- family properties to the north of this property and across the street. He stated that he has spent over $14,000 to develop this property and is not currently renting it in anticipation of redeveloping the site. Acting Chair Larson stated that there have been many . . . Planning Commission Minutes October 9, 2007 Page 3 unforeseen issues with this site. The Planning Commission needs to take the time to ensure that they make the ri~t decision. Ms. Shannon Walsh, 816 2n Street, stated she would like to respond to Commissioner Burke's question regarding the revised plan meeting the City Code requirements. Ms. Walsh stated that she would like to address the issue of net density. She feels that the densities for the three lots do not meet the requirements of the code. She also stated that Lots 2 and 3 do not have principal frontage on a public road which is also required by the Code. MOTION by Barker, second by Oswald to continue this item to November 13th. VOTING FOR: Oswald, Larson, Barker VOTING AGAINST: Burke MOTION CARRIED. Commissioner Burke stated that he would like to note that if the code requirements can be met, he would like to vote in favor of this plan regardless of the results ofthe discussion at the upcoming workshop. He feels that the discussion at the workshop will be regarding development in general and this developer purchased this lot prior to this issue being raised. 4. Discussion a) Joint Planning Commission/City Council Workshop The workshop will be October 1 ih at 6:00 p.m. at City Hall in the Council Chambers. The discussion will be regarding the Comprehensive Plan Update, MUSA allocation, the commercial and industrial market study, the Spruce Street Corridor Master Plan and the connection to downtown, the proposed Comprehensive Plan action steps, ordinance revisions, downtown lot subdivisions and the Comp Plan time1ine. 5. Adjourn MOTION by Oswald, second by Burke to adjourn. APIF, MOTION CARRIED. RespectftJlty ~lnitted, _ ~ --.-~+~' \) / -!i \ '\ I i\.. \1"Y: \ v ' <~~~V'-"" -'--'''''''\ Lisa Dargis ' \ Administrative Ass~tant \ ' '" '" j . '- Approved