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HomeMy WebLinkAbout01/06/20031. Call to Order MAPLEWOOD PLANNING COMMISSION Monday, January 6, 2003, 7:00 PM City Hall Council Chambers 1830 County Road B East 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. December 3, 2002 5. Public Headng None 6. New Business a. Conditional Use Permit (Over-sized Accessory Building) - 2776 Keller Parkway b. 2002 Planning Commission Annual Report 7. Unfinished Business None 8. Visitor Presentations 9. Commission Presentations a. December 9 Council Meeting: Mr. Mueller b. December 23 Council Meeting: Mr. Ledvina c. January 13 Council Meeting: Ms. Dierich d. January 27 Council Meeting: Mr. Rossbach 10. Staff Presentations a. Reschedule January 20 Meeting - January 22 or January 23 11. Adjournment MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, JANUARY 6, 2003 I. CALLTO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. I1. ROLL CALL Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner Tushar Desai Mary Dierich Lorraine Fischer Matt Ledvina Jackie Monahan-Junek Paul Mueller Gary Pearson William Rossbach Dale Trippler Present Present Present Present Present Present Present Present Present Staff Present: Ken Roberts, Associate Planner Lisa Kroll, Recording Secretary II1. APPROVAL OF AGENDA Mr. Roberts added item X. b. Planning Commission reappointments under Staff Presentations. Commissioner Pearson moved to approve the agenda as amended. Commissioner Trippler seconded. The motion passed. Ayes- Desai, Dierich, Fischer, Ledvina, Monahan-Junek, Mueller, Pearson, Rossbach, Trippler IV. APPROVAL OF MINUTES Approval of the planning commission minutes for December 3, 2002. Commissioner Dierich had a correction on page 4 in the second and third paragraphs changing the words _effect and _effected to affect and affected. Commissioner Trippler had a correction on page 5 in the second paragraph on the seventh line. Change the words doesn't do an_i/thing to take no action. Another correction is on page 7 number 6. at the bottom of the page should read is a peat bog a wetland in place of or a wetland. Commissioner Rossbach moved to approve the planning commission minutes for December 3, 2002, with the proposed changes. Planning Commission Minutes of 01-06-03 -2- Commissioner Mueller seconded. Ayes- Desai, Fischer, Ledvina, Mueller, Rossbach, Trippler Abstentions - Dierich, Monahan-Junek, Pearson V. PUBLIC HEARING None. VI. NEW BUSINESS a. Conditional Use Permit (Over-sized Accessory Building) - 2776 Keller Parkway Mr. Roberts said Mr. Ron Brown is requesting that the city council approve a conditional use permit (CUP) to have an accessory structure that exceeds the size limits set by the city code. On a lot the size of Mr. Brown's property, the code allows a maximum of 2,250 square feet for the combined area of the accessory structures and no accessory structure may exceed 1,250 square feet. The garage and carport exceed the maximum size limit by 266 square feet in area. Mr. Roberts said the code allows the city council to approve a CUP to increase the area or height of an accessory building. Mr. Roberts said Mr. Brown built the carport on the garage without receiving a permit from the city. It was after the city received a complaint and Mr. Brown applied for a building permit that staff discovered that the garage and carport exceeded the city code size standards for an accessory structure. Mr. Roberts said Mr. Brown has applied to the city for all necessary zoning and building permits. Mr. Roberts said the garage and carport are complete. If the city council approves the CUP, city staff may issue Mr. Brown his building permit for these structures. Mr. Roberts said if the city council denies;the CUP request, then Mr. Brown must remove the carport to make the accessory structure meet the city size requirements. Mr. Roberts said staff recommends approval of the CUP for 2776 Keller Parkway for Mr. Ron Brown with the conditions on page 2 of the staff report. Commissioner Rossbach asked staff if there were recent alterations that were made to increase the size of the garage? Mr. Roberts said a neighbor claimed that there were alterations made but staff had not verified that. The building inspection department did not have any record of any permits pulled to have alterations maJde to increase the size of the garage. The applicant,i Mr. Ron Brown at 2776 Keller Parkway, addressed the planning commission. Commissionei Rossbach asked Mr. Brown if he had recently increased the size of his garage. Mr. Brown said he had increased the size of the garage about ten years ago. He said actually he enlarged the garage twice without a permit. He said he increased the size of the garage to the maximum size allowed. Commissioner Rossbach asked Mr. Brown if he knew he had increased the size of the garage to the maximum !size allowed? Planning Commission -3- Minutes of 01-06-03 Mr. Brown said yes, he did know that, he did not want to go over the maximum size because then someone migldt make him tear it down. Mr. Brown said the carport he built is basically a tin roof with a dirt floo¢ with three open sides. He said he did not think he needed a permit to build it, in his opinion it is just a canopy. Mr. Roberts sa!d he believes Mr. Brown did not think a carport would include the total garage area of 1250 square feet. Mr. Roberts said Mr. Brown was measuring the "enclosed" area not the "covered" area. Commissioner Trippler asked if the roof was not attached to the garage and there was a six-inch space between the two buildings, would it be a different structure then? Commissioner Rossbach said he called the building inspection department and asked what the city's definition of a shed or accessory building is because Mr. Brown has a lean-to-roof with no walls. He said the building inspection department said you could build accessory building up-to- 120 square feet without a permit. It is the roof coverage of 120 square feet not necessarily the "walls" of the area. Mr. Rossbach said the building inspectors don't enforce that, they have always measui'ed the walls. If the roof had an overhang they would include that as being more than the 120 Square feet. Because the enclosure that Mr. Brown built has a lean-to roof it is covered under! the carport section of the accessory building ordinance. He said it is a cumulative total of the square footage of all the accessory buildings on the property. Commissioner Dierich asked staff if the carport has been inspected yet? Mr. Roberts said the city can't do an inspection until a building permit is issued and a building permit cannot be issued until the zoning issues are resolved. Commissioner Pearson asked staff if the materials that Mr. Brown used to build this carport would be up to code today or not? Mr. Roberts said the biggest concern is the snow load but that would be a question the building inspectors would have to answer. Commissioner Ledvina moved to approve the resolution on pages 10 and 11 of the staff report. This resolution approves a conditional use permit for an accessory structure (garage and carport) that is 1,515 square feet in area for the property at 2776 Keller Parkway. The city is approving this permit based on the findings listed in the resolutions, this approval is based on the unique situation and the existinq structures for this particular site and it shall be subject to the following conditions: (changes or additions are in bold and underlined) 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The applicant shall obtain all necessary building permits from the city. 3. The owner shall not use the garage and carport for commercial or business activities, unless the city council approves such a request. 4. The conditional use permit shall be reviewed by the city council in one year. Planning Commission Minutes of 01-06-03 -4- Commissioner Trippler seconded. The motion passed. Ayes- Desai, Dierich, Fischer, Ledvina, Monahan-Junek, Mueller, Pearson, Rossbach, Trippler This item goes to the city council on Monday, January 27, 2003. b. 2002 Planning Commission Annual Report Mr. Roberts reviewed the 2002 Planning Commission Annual Report with the planning commission. Commissioner Dierich would like the commission to have an in-service on septic systems and wells. Commissioner Pearson would like information on current drainfields in the south of Maplewood, what is their average life, if there are failed systems are they using septic tanks as a holding tank and what is the proper size for a tank based on the square footage of a home? He also would like to know if there is much of a variation in the perk tests from one area to the other in south Maplewood. Commissioner Trippler said he wanted to see the votes under the pc action and council action to see a comparison. He said that request was made last year and it still wasn't in the report this year. Commissioner Pearson asked staff if there had been any feedback recent from the meeting with Barb Strandel? Mr. Roberts said he has not heard any recent feedback but he believes commission members are now working well together. Mr. Roberts said he would make the changes that were discussed for the 2002 Planning Commission Annual Report and it will be sent to the city council for the Monday, January 27, 2003, meeting. Commissioner Ledvina moved to approve the 2002 Planning Commission Annual Report with the proposed changes. Commissioner Pearson seconded. Ayes- Desai, Dierich, Fischer, Ledvina, Monahan-Junek, Mueller, Pearson, Rossbach, Trippler Commissioner Mueller made a motion to reopen discussion for the 2002 Planning Commission Annual Report. Planning Commission Minutes of 01-06-03 -5- Commissioner Monahan-Junek suggested a friendly amendment to add the Manufactured Home Park Closing Ordinance as a review item to the 2002 Annual Report as a small paragraph under the list of activities. Mr. Roberts said he would insert a small paragraph as requested by Commissioner Monahan- Junek. Commissioner Monahan-Junek The motion passed. Ayes- Desai, Dierich, Fischer, Ledvina, Monahan-Junek, Mueller, Pearson, Rossbach, Trippler This item goes to the city council on Monday, January 27, 2003. VII. UNFINISHED BUSINESS None. VIII. VISITOR PRESENTATIONS None. IX. COMMISSION PRESENTATIONS a. Mr. Mueller was the planning commission representative at the December 9, 2002, city council meeting. Mr. Mueller said the city council approved on a 3-2 vote spending $80,000 to do a detailed alignment study of the County Road D Extension for the alternate plan. The one-year building moratorium in south Maplewood for properties larger than one acre also was approved by the city council. Mr. Ledvina was scheduled to be the planning commission representative at the December 23, 2002, city council meeting, however, there were no planning commission items to be discussed. Ms. Dierich was scheduled to be the planning commission representative at the January 13, 2003, city council meeting, however, there will be no planning commission items to be discussed. d. Mr. Rossbach will be the planning commission representative at the January 27, 2003, city council meeting. Items to be discussed will be the CUP for Mr. Ron Brown at 2776 Keller Parkway and the 2002 Planning Commission Annual Report. Planning Commission Minutes of 01-06-03 -6- (Commission Presentations Cont.) Commissioner Pearson said since there was discussion to add a small paragraph for the Manufactured Home Park Closing Ordinance in the 2002 Planning Commission Annual Report, he wanted to give an update regarding APAC. Mr. Pearson stated that APAC is claiming that they did not receive a fair hearing and were not given an opportunity to voice their concerns. Mr. Pearson also said one of the couples from Beaver Lake Estates put their manufactured home on the market and sold their home for a profit of $10,000 more than they would have received if the city would have adopted a manufactured home park closing ordinance. Mr. Roberts asked how would one know there was a $10,000 difference? Commissioner Pearson said he knows this because the price that the manufactured home sold for and the manufactured home park closing ordinance, when a manufactured home is not being moved, the measure used in most cases is the "tax assessed value". X. STAFF PRESENTATIONS a. Rescheduling the January 20, 2003, planning commission meeting (due to Martin Luther King Day) to either Wednesday, January 22 or Thursday, January 23, 2003. Chairperson Fischer conducted a vote and the planning commission decided to have the next planning commission meeting on Wednesday, January 22, 2003. b. Planning Commission Member reappointments Mr. Roberts said Planning Commissioner members Jackie Monahan-Junek, Gary Pearson and Will Rossbach's terms as planning commission members have expired. If they are interested in being reappointed, Mr. Roberts said they should let him know. Xl. ADJOURNMENT The meeting was adjourned at 8:28 p.m.