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01-22-08 PCITEM 2_1 OTSEGO PLANNING COMMISSION MEETING OTSEGO CITY HALL JANUARY 22, 2008 7 PM 1. Chair Nichols will call the meeting to order. Chair Nichols called the meeting to order at 7:00 PM. Roll Call: Chair Richard Nichols; Planning Commission Members: Pam Black, Doug Hackman, David Thompson, Jim Kolles and John Thelen. Excused absence: Tammie Fallon, Troy Watring and Brian Gerten. Staff: Judy Hudson, City Clerk/Zoning Administrator and Dan Licht, City Planner. City Council: Mayor Larry Fournier, CM Vern Heidner and Mark Thorsted. 2. Consider the following minutes. 2.1. January 7, 2008 Planning Commission Meeting. Commissioner Thompson motioned to approve. Seconded by Commissioner Black. All in favor. Motion carried. 3. Planning Items: PUBLIC HEARINGS: 3.1. Joe Banack: A. Conditional Use Permit (CUP) to allow construction of a single family dwelling on a lot of record with an area less than 75 percent of the R-1 District minimum. Dan Licht presented the Planner's Report. Dan Licht said that he had a call from the DNR and went over the application and they had no issue with this CUP. The applicant had no comments. Chair Nichols opened the Public Hearing. Judy attested that all proper publishing and posting was completed and said she received a phone call from Scott Kohler, 10348 99"' St NE, concerned with water drainage. Dan Licht said the City Engineer will review the water drainage issue. James Macheledt, 10383 Kahler Avenue, owns property adjacent, his concern is the difference in elevation between his lot and the applicant's lot, a concern with removal of vegetation and the erosion this could create and affect his residence. Before purchasing his property he did review the Wild and Scenic Ordinance, he had assumed that this lot would not be buildable. It is his understanding that the same person owns both of these lots and that according to City's Zoning Ordinance these lots should be combined. He is concerned with how this will affect the stability of his lot. He showed his lot with a retaining wall (via pictures) which shows a big drop in the lot elevation. He is very concerned with drainage, erosion causing soil to shift. He would like to see these lots combined. Dan Licht said the City will check into the ownership. With regards to slope, the property owner can't cause a negative impact to neighboring properties and that will be reviewed at the time of building permit. Dan Licht explained the City administers the Wild and Scenic. Mr. Macheledt is on the west side and the drainfield would be next to him. Planning Commission Meeting January 22, 2008. Page 2. Linda Rae, 10390 Kahler Avenue, east of James, she has no qualms about a house going up in her neighborhood but her concern is with erosion as she has seen erosion going on in her neighborhood and doesn't feel putting a house with all the water going thru there is a good idea. Gail Anderson, 10410 Kahler Avenue, we have had serious problems with erosion on their hill. They have been trying to restore the slope and it has been difficult, they have worked with soil and water conservation people on this and finally put in a drain. Applicant Joe Banack said he has a pending purchase order for this lot. The lot has been fully surveyed. On the top lot in corner there was a culvert in place and he feels with a little berming it will be one of driest lots in the area. As far as trees go, he plans on trying to save as many trees as possible. He is building on the west side of lot and shouldn't have to grade very much on the east side of lot for drainfield. Dan Licht asked if the adjoining property owns this property. Mr. Banack said yes and that they are planning on selling. Dan Licht said this makes this not allowed as it wouldn't be a buildable lot according to Zoning Ordinance. At this point, Mr. Licht recommends tabling the application for staff to research the ownership. Commissioner Thelen asked about drainage. Mr. Banack said the water goes to the corner of lot and goes into a culvert to other side of road and runs down hill on Kahler. James Macheledt, 10383 Kahler Avenue, his main concern is erosion. It is true that culvert he talks about is designed to do what he says but in Spring the water also goes over this lot. Dan Licht said the City Engineer is aware of the water issues and he is concerned with making a correction. Paul Wilcox, 10274 Kahler Avenue, asked about side yard setback. Dan Licht said 10 feet. Mr. Wilcox said it was told 30 feet several about years ago when he wanted to add on. Dan explained this setback was changed awhile back to make it consistent throughout city. Chair Nichols motioned to table this application until the February 4, meeting. Seconded by Commissioner Thompson. All in favor. Motion carried. 3.2. Wildflower Meadows South: A. Zoning Map Amendment from A-1 District to R-7. B. Prelimina[y Plat/PUD-CUP for six townhouse buildings 24 units). Dan Licht presented the Planner's Report. Debra Ridgeway, Rottland Homes, stated she agrees with the Staff Reports. Judy Hudson attested that all the proper noticing, publishing and posting was completed. Chair Nichols opened the Public Hearing at 7:52 PM. No public comments. Commissioner Hackman asked about the garage sizes in the first addition and how high the garage is. Debra showed the floor plan showing no change in elevation within the garage but rather outside into a separate entry way. Chair Nichols asked about square footage in Planning Commission Meeting January 22, 2008. Page 3. comparison to Pulte Homes. Debra did not know. Commissioner Black said many townhomes require garbage cans maintain inside will this one? Dan Licht said it is a requirement of Zoning Ordinance to keep them inside. Hearing no public comments, Chair Nichols closed the Public Hearing at 7:56 PM. Commissioner Thompson said he can't vote for an 18 X 22 foot garage. Chair Nichols asked is this the same as the first addition? Dan Licht said it is and nothing has been changed in Ordinance. Commissioner Black motioned to recommend approving a Zoning Map amendment rezoning the subject site from A-1 District to R-7 District based on a finding that the action is consistent with the Comprehensive Plan. Seconded by Commissioner Hackman. All in favor. Motion carried. Commissioner Hackman motioned to recommend approving a PUD- CUP/Preliminary Plat for Wildflower Meadow South, subject to the twelve conditions listed in the Planner's Report. Seconded by Commissioner Kolles. Voting For: Chair Nichols, Commissioner Black, Hackman, Kolles and Thelen. Against: Commissioner Thompson. Motion carried. 3.3. Remington Coves First Addition: A. Concept plan to replat 18 detached townhome unit lots as 18 unit lots for twin home buildings (no change in total number of dwellings). Dan Licht presented the Planner's Report. The applicant Brian Reiner from Cottage Builders said they haven't sold any units and feel the homes they are looking at will increase square footage and have more appeal to baby boomers. Judy Hudson attested that all proper noticing, publishing and posting was completed. Chair Nichols opened the Public Hearing at 8:14 PM. No public comments. Commissioner Black remarked that she understands restrictions of land costs but looking at Remington Coves it appears to have space and openness to it and the proposed plan with twin homes it appears to be crowded. CM Heidner asked if Rick Harrison has reviewed your design. Mr. Reiner said no they are working with a different architect. Chair Nichols asked if it is 800 sq ft more in size to each building. Mr. Reiner said yes and that Garage sizes haven't been decided at this time. Commissioner Thelen asked what are chances of removing one building with this design thereby freeing up more room. Mr. Reiner said that is a possibility. Chair Nichols said he would have liked to see the bay homes work but this proposal seems too crowded and maybe taking one out would help. Commissioner Thompson said he could live with this if one unit is dropped and minimum width of the garage is 24 feet. Commissioner Black said space between buildings is 10 feet but plan shows 15 feet. Planning Commission Meeting January 22, 2008. Page 4. Commissioner Thompson motioned to provide favorable comment for 16 units. Seconded by Commissioner Thelen. Commissioner Thelen suggested to alternate units with varying sizes in units. Mr. Reiner said this would have to be looked at — he thinks 1,400 is the smallest he could go and might have a problem with going bigger. Chair Nichols suggested looking at the 20 feet between the buildings and also consider Commissioner Thelen's suggestion. All in favor. Motion carried. 4. Any other Planning Commission Business. 4.1. Update on City Council actions by Councilmember Heidner. Councilmember Heidner updated the Commission on Council actions. 4.2. Update on future Planning Commission Agenda Items by Judy Hudson. 5. Adjournment by 10 PM. Commissioner Black motioned to adjourn at 8:43 PM. Seconded by Commissioner Thompson. Richard Nichols, Chair Attest: Judy Hudson, City Clerk/Zoning Admin. Written by: Tami Loff, Deputy Clerk