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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. G APLANNING\PLANCOMM\2008\ 11.10\MINUTES.doc Page 2 of 3 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. G: \PLANNING\PLANCOMM\2008\ 11.10\MINUTES.doc Page 3 of 3 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. GA\PLANNING\PLANCOMM\2008\ 11.10\MINUTES.doc