2008.11.10 PC Meeting MinutesPage 1 of 3
CRYSTAL PLANNING COMMISSION MINUTES
November 10, 2008
A. CALL TO ORDER
The regular meeting of the Crystal Planning Commission convened at 7:00 p.m. with the
following members present:
X Commissioner (Ward 1)
X Commissioner (Ward 2)
Vacant (Ward 4)
Sears
Whitenack [Chair]
X Commissioner (Ward 1)
X Commissioner (Ward 3)
X Commissioner (Ward 4)
Davis
VonRueden [Vice Chair]
Scheibe
X Commissioner (Ward 2)
X Commissioner (Ward 3)
X Commissioner (At -Large)
Nystrom
Buck
Strand
Also present were Council Liaison Ed Lenoch and city staff members John Sutter, Jason
Zimmermann and Corinne Elfelt.
B. APPROVAL OF MINUTES
A copy of the October minutes was left of the dais for members to review. Moved by
Commissioner Buck and seconded by Commissioner Nystrom to approve the minutes of the
October 13, 2008 regular meeting.
Motion carried.
C. PUBLIC HEARINGS
Consider Application 2008-14 for a Variance to reduce the rear (west) setback at 7900
32nd PI N.
Jason Zimmermann presented the staff report.
Commissioner Whitenack opened the Public Hearing. Hearing none the Public Hearing
was closed.
There was no comments or discussion made by the Planning Commission.
Moved by Commissioner Davis and seconded by Commissioner Strand to recommend to
the City Council to approve Application 2008-14 for a Variance from Section 515.33
Subd 8 b) to reduce the rear (west) setback from 30 feet to 5 feet at 7900 32nd PIN. Said
approval dependent on and subject to an increase in the minimum south setback from 10
feet to 30 feet so it is consistent with the actual setback when the house was built, and
..-� also to be consistent with the findings of fact that are the justification for approving a
variance from the west setback.
Motion carried.
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2. Consider Application 2008-15 to amend City Code Section 515.33 Subd. 8 a) 2)
regarding tree houses.
Jason Zimmermann presented the staff report. John Sutter added that treehouses are not
prohibited by current code. However they are limited to the rear yard with three foot
setback from the side and rear lot lines, and a maximum 120 square feet before requiring
a building permit. City Council has asked that this be reviewed for possible change.
Other cities surveyed are either silent on the issue or outright prohibit treehouses in front
yards.
Commissioner Whitenack opened the Public Hearing. Hearing none the Public Hearing
was closed.
Planning Commission discussion was begun by comments from Commissioner Sears
regarding the need to consider the longevity of the tree and should a structure be prone to
damage by wind, could it then become a liability.
Mr. Sutter noted that homeowner would need to take on that responsibility. If the
structure is under 120 square feet, there is no need for a permit, therefore, there are no
assurances from the city of the safety of the structure. Part of the issue is how much the
city wants to get into the regulation of tree houses.
Mr. Zimmermann noted that even if no building permit is required, any structure,
including treehouses, that would fall into disrepair or safety becomes an issue would be
addressed by the Property Maintenance Code. This would include the authority to have
the structure removed or secured.
Commissioner Davis indicated that this does not seem to be a huge problem in the city
and that he is proud that Crystal is a very family friendly place. His recommendation
would be for at least the modest recommendations made by the city of maximum 90
square feet and 15 foot setback.
Commissioner Whitenack agreed that the 90 square feet sounds reasonable and definitely
no more than 120 square feet as more support for the structure might be needed if the
structure were any larger. Otherwise, treehouses are fun and feels that we should let
people do what they want. He would hope that homeowners would speak with their
neighbors about any treehouse they would wish to construct.
Commissioner Whitenack asked for discussion comments on possible color or materials
restrictions.
Commissioner VonRueden commented on the Property Maintenance Code and whether
it addresses whether the structure is made of sheet metal, that could be an issue if it were
windy or if someone painted it a color that would be unattractive.
Mr. Zimmermann stated that the Property Maintenance Code addresses any structure that
,IN is unsafe, and the Building Official could address any unsafe structure. If the structure
appeared unsafe in any way the Building Official could get involved.
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Commissioner Davis did not feel that any color restriction would be necessary but that
something neutral or to match the home would be preferred.
Commissioner Sears recommended earth tone structures.
Commissioner Buck recommended no bright colors.
Commissioners Sears and Nystrom recommends use of the language the "structure being
earth tone."
Hearing no further discussion Commissioner Whitenack asked for a motion.
Moved by Commissioner Davis and seconded by Commissioner Nystrom to recommend
to the City Council to approve Application 2008-15 to amend City Code Section 515.33
Subd. 8 a) 2) regarding tree houses to include the following language:
Tree houses, defined as structures attached exclusively to trees and used solely for
recreational purposes, provided they do not exceed 120 square feet in area and are located
at least 10 feet from the front lot line.
The Planning Commission's recommendation is that treehouses be earth tone structures.
Motion carried.
D. OLD BUSINESS
Mr. Sutter reported the Comprehensive Plan has been approved by the City Council for the 6
month review by neighboring jurisdictions. It will be back to the Planning Commission and City
Council in May, 2009.
E. NEW BUSINESS
F. GENERAL INFORMATION
1. City Council actions on recent Planning Commission items.
2. Staff preview of likely agenda items for the December 8, 2008 meeting. Nothing is
scheduled as of this date. Should no items come in, the December 8 meeting of the Planning
Commission will be cancelled.
G. OPEN FORUM
H. ADJOURNMENT
Moved by Commissioner Buck and seconded by Commissioner Nystrom to adjourn.
The meeting adjourned at 7:35 p.m.
Motion carried.
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