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2014.01.13 PC Meeting MinutesApproved Minutes of the January 13, 2014 Planning Commission Meeting Page 1 of 5 J:\PLANNING\Planning Commission\2014\01.13\approved minutes.doc CRYSTAL PLANNING COMMISSION MINUTES Monday, January 13, 2014 at 7:00 p.m. Council Chambers, Crystal City Hall A. CALL TO ORDER The regular meeting of the Crystal Planning Commission convened at 7 p.m. with the following members present: X Commissioner (Ward 1) Sears [Vice Chair] X Commissioner (Ward 2) Kolb X Commissioner (Ward 4) Richter X Commissioner (Ward 1) Heigel X Commissioner (Ward 3) VonRueden [Chair] X Commissioner (Ward 4) Johnson X Commissioner (Ward 2) Erickson Approved Minutes of the January 13, 2014 Planning Commission Meeting Page 2 of 5 J:\PLANNING\Planning Commission\2014\01.13\approved minutes.doc Commissioner Strand recommended approval of the 2014 calendar, Commissioner Erickson seconded the motion. Passed unanimously. D. APPROVAL OF MINUTES Moved by Sears and seconded by Johnson to approve the minutes of the December 9, 2013 regular meeting with no exceptions. Motion carried. E. OLD BUSINESS 1. Consider Application 2013-16(b) for setback variances to allow expansion of an existing detached garage at 4952 Quail Avenue North (continued from December 9, 2013 meeting). Staff presented the following: Mr. Sutter explained that the property owner was unable to be at the meeting because he was out of town on business, but he was provided with a copy of the staff report and he has no concerns with the alternate variance. This property is one of eight where the front faces the lake and the former service road became Quail. Their current garage is right on the west lot line and appears to be one foot from side lot line. There is an existing garage on the lot to the north that was built in the 1980’s basically on the lot line on Quail Avenue, it’s unknown why the city council approved a variance to allow the garage to be built so close to Quail, and because it was a new structure, there are no findings. Commissioner Kolb questioned whether the neighbor’s garage at 4958 Quail was actually 3 feet from the lot line. Mr. Sutter said that the 4958 garage is 3 feet from the side lot line and the eave is right on the lot line on Quail. Mr. Sutter said because the neighbor’s garage is set back the standard 3 feet from the side lot line, it makes the requested 1 foot setback more plausible because it would still leave 4 feet between the two structures. While that is less than the standard 6 feet for accessory buildings, it makes it more palatable in regards to fire safety and other things. The property owner has agreed with the need to keep the structure at least 3 feet from Quail. While city staff are still recommending denial of the original variance request to eliminate both of these setbacks, they recommend approval of the alternate variance which would require a new garage meet the setback along Quail but would allow it within one foot of the side lot line to the north. Commissioner Sears asked if the sewer and water were very old or had they been upgraded. Mr. Sutter said that the sewer was built in the mid-to-late 50’s, and he presumed the sewer line runs in the Quail right-of-way. Commissioner Approved Minutes of the January 13, 2014 Planning Commission Meeting Page 3 of 5 J:\PLANNING\Planning Commission\2014\01.13\approved minutes.doc Sears thought the 3 foot setback would be to the homeowner’s benefit if there were ever a sewer upgrade. Mr. Sutter said he would pull the sewer tie card to determine where the sewer stub ends, which is probably under the driveway. The tie card will indicate where the stub is placed in relation to existing buildings and when it was installed. When streets are reconstructed, property owners have the option to have that stub replaced so he will determine if the prior owner opted to upgrade the sewer stub. The following were heard: No one spoke before the commission. Planning Commission discussion: Commissioner Heigel questioned what would happen if the neighbor at 4958 Quail decided they also wanted to build a garage one foot off the property line, which would only leave two feet between the two structures. Mr. Sutter said that they could only do that if a variance was also granted to that neighbor. Commissioner Heigel wondered if there would be any issues with the city granting a variance to one resident and not another. He feels it could cause a problem down the line, especially on this block. Mr. Sutter stated that some thought was given to this, the neighbor’s existing garage is mid-80’s and is a two- car stucco garage so its life span is probably greater. However, if they wanted to do something similar, the city would need to determine if it would be to the public benefit to have the garage further from the public road and closer to the side lot line than would otherwise be permitted. Commissioner Strand questioned the main purpose of the 3 foot setback. Mr. Sutter said that it would make it harder for fire to jump and makes maintenance easier. Commissioner VonRueden said also that water running off the roof could cause water damage if the buildings are closer together and thought the owners would want to keep that separation. Mr. Sutter said that approval of the variance could be based on a condition that the garage is built with the gable running north and south so the water doesn’t run off between the two structures. Commissioner Johnson said that variances almost always deal with existing structures but this is a variance for something that hasn’t even been built yet. He thought the commissioners should consider that the case for a variance for a new structure should be pretty compelling and questioned whether this was compelling enough. Commissioner Kolb questioned what would happen if they ended up denying the initial variance and also the alternate variance what would happen to the homeowner’s request. Mr. Sutter said commissioners could vote on the alternate variance first and then vote on the original request. Then if the alternate variance fails, commissioners could continue the original variance for more discussion at the February meeting. Approved Minutes of the January 13, 2014 Planning Commission Meeting Page 4 of 5 J:\PLANNING\Planning Commission\2014\01.13\approved minutes.doc Commissioner VonRueden asked where his curb cut was located and questioned whether the property owner would have enough room to maneuver two vehicles after a new garage was built if two additional feet were taken away. Mr. Sutter said it’s a 50 foot lot; if the garage is 22 feet deep, which is the modern minimum, they would still have 27 feet remaining with the one foot setback. He also mentioned the aisle width in a standard parking lot is 24 feet, so even with the 3 foot setback, that will still leave the property owner with 25 feet, and there are narrower lots in the city with garages and there is nothing about the width of this lot that makes it unique. Mr. Sutter stated that what does make this lot unique is the tradeoff that the new garage would be built 3 feet off of Quail even if it’s allowed to be within one foot of the side lot line, so it’s a benefit to the public interest. The downside to denying the variance could be that the property owner decides to repair the existing garage and it may stay there longer. Commissioner Kolb feels that the handful of lots in this area is compelling enough because they are so unique and moving the garage back from the street is a compelling case. Commissioner VonRueden agreed that it’s crowded in that area and it would be a plus if the city can get the garage moved 3 feet off the lot line along Quail. Commissioner Johnson said that he understood trying to accommodate the homeowner when possible, although feels the city needs to take into account whether they want to establish a precedent of pre-approving variances. Commissioner Strand feels that this is a good alternative for the homeowner. Commissioner Richter asked that if the variance is passed, is the commission saying that the owner can build within a foot of the lot line but they might not. Mr. Sutter said that is correct, this is a minimum and no part of the garage can be within one foot of the lot line but the setback could be greater. Mr. Sutter also stated that the neighbor’s lot at 4958 Quail to the north is two feet wider than the subject property, and that if there is a concern about setting a precedent, that could be used as a basis for denial of a future variance at 4958 because they have already demonstrated that the garage works on the property. He feels that the different widths of the lots could be the rationale for approving one variance and denying the other. Moved by Kolb and seconded by Strand to recommend denial of Application 2013-16(b) for setback variances to allow expansion of an existing detached garage at 4952 Quail Avenue North. Motion carried. Moved by Kolb and seconded by Richter to recommend approval of an alternate setback variance, as suggested by the property owner on December 9, 2013 and subsequently recommended by staff, to reduce the north side setback in the rear Approved Minutes of the January 13, 2014 Planning Commission Meeting Page 5 of 5 J:\PLANNING\Planning Commission\2014\01.13\approved minutes.doc yard from 3 feet to 1 foot for future construction of a new detached garage at 4952 Quail Avenue North with the condition that the garage is built with the gable roof running north and south and finding that the fact that this lot is two feet narrower justifies this variance, where it wouldn’t justify it for the lot to the north. Motion carried. F. GENERAL INFORMATION 1. City Council actions on December 17, 2013 on Planning Commission items: ▪ Approved Application 2013-15, a CUP and setback variance for a child care center at 5510 West Broadway ▪ Approved Application 2013-16(a), a setback variance for a house at 4952 Quail 2. Staff preview of likely agenda items for Monday, February 10, 2014 meeting Mr. Sutter said that currently no applications have been received; the deadline for submittal is Friday. There was no objection among the Commissioners to cancelling the February meeting if no applications are received. 3. Quarterly Development Status Report Mr. Sutter stated that since the report had been printed, 2 lot options and a lot purchase proposal have been received. G. OPEN FORUM H. ADJOURNMENT Moved by Sears and seconded by Erickson to adjourn. Motion carried. The meeting adjourned at 7:38 p.m.