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08-04-08 PCITEM 2.1 OTSEGO PLANNING COMMISSION MEETING OTSEGO CITY HALL AUGUST 4, 2008 7 PM 1. Chair Black will call the meeting to order. Chair Black called the meeting to order at 7:01 PM. Roll Call: Chair Pam Black; Commission Members: David Thompson, Richard Nichols, Tammie Fallon, Doug Hackman, John Thelen and alternate Brian Gerten. Absent: Jim Kolles Staff: Judy Hudson, Clerk/Zoning Administrator and Dan Licht, City Planner. Council: Vern Heidner and Mark Thorsted. 2. Consider the following minutes. 2.1. July 7, 2008 Planning Commission Meeting. Chair Black and Commissioner Hackman abstained. Commissioner Thelen motioned to adopt the minutes as written. Seconded by Commissioner Fallon. All in favor. Motion carried. 3. Planning_ Items: PUBLIC HEARING ITEMS: 3.1. Ted Beebe: A. Conditional Use Permit (CUP) for a second driveway to a single family lot within an R-3 District. Dan Licht presented the Planner's Report. Chair Black opened the Public Hearing at 7:08 PM. Judy Hudson attested that all the proper noticing, publishing and posting was done. The applicant was not present. Dennis Gatenby, 9460 Ogren Ave, he opposes this exception for the reason that there are plenty of garages in Otsego and concerned with businesses being run out of these garages. He feels if this is approved, there will be more second driveways and will ruin the landscape in Otsego. Margaret Gatenby, 9560 Ogren Ave, understands the former rule of one driveway no longer exists and that now you can have two and could she have two accesses. Mr. Licht explained the current ordinance allowing a second driveway requiring the property owner to show a need and conform to spacing requirements. Mr. Licht also said that home extended businesses are not allowed. Commissioner Hackman questioned why the City would allow this location of the garage when built. Mr. Licht said that today City Staff would more actively work with the property owner regarding the location of buildings on the lot to allow access from one driveway. Commissioner Gerten asked if this lot could be split. Mr. Licht said that if and when sewer and water goes in, the intent of the Zoning Ordinance is to allow the lot to be split. Richard Wilt, 9309 Nelmark Ave, asked why the city would allow the garage to be built in a location requiring a second access. Commissioner Hackman always thought that if garage couldn't access from principal driveway garage couldn't be built. Mr. Wilt said he had asked for a double driveway and was denied. Planning Commission Meeting August 4, 2008. Page 2. Mr. Gatenby asked how long ago this property was purchased. Mr. Licht said Mr. Beebe came to the City in the spring prior to purchasing to ask about this driveway and closed on the property sometime after that. Margaret Gatenby, said it seems as though the request is already approved so why hold the Public Hearing? Chair Black stated that City staff has presented their recommendation based on the ordinances. Planning Commission will consider this and information from the hearing and a recommendation to City Council, who makes the final decision. Mrs. Gatenby said they were told where to build on their property and city needs to clarify this and put in black and white and this doesn't make sense to her. Chair Black closed the Public Hearing at 7:26 PM. Commissioner Hackman clarified he is not against outbuildings but his problem is with the concrete driveway coming all the way out to Right of Way. Commissioner Thelen motioned to recommend approving a CUP allowing construction of a second driveway, subject to the two conditions listed in the Findings of Fact. Seconded by Commissioner Fallon. Commissioner Hackman opposed. Motion carried. 3.2. An amendment to the Comprehensive Plan regarding the Transportation Plan map. Mr. Licht presented the Planner's Report. Chair Black opened the Public Hearing at 7:40 PM. Mrs. Hudson attested that all the proper noticing, publishing and posting was done. Pat Hilden, 7094 Odell Avenue, said that there is a problem with CSAH 37 near LinBar Estates as it has a blind spot due to changes in elevation along the roadway. If CSAH 37 would be widened he hopes it will be graded to improve visibility. Mr. Hilden is also concerned with "jake braking" and would like to see more berming and tree planting to help eliminate noise. Mr. Licht explained the planning process for roadway improvements and noted that the Zoning Ordinance was previously amended to require buffer yards along major roadways. Commissioner Nichols asked about if CSAH 37/701h Street would be straightened at Oakwood Avenue when improved. Mr. Licht said yes. Commissioner Nichols asked about Nashua Avenue alignment. Mr. Licht replied this is a schematic and would be defined as development happens. Commissioner Gerten asked about the Kadler Ave interchange. Mr. Licht replied it would be a full directional interchange. Hearing no other comments, Chair Black closed the Public Hearing at 7:49 PM. Commissioner Thompson motioned to recommend approval of the Transportation Plan. Seconded by Commissioner Gerten. Commissioner Nichols abstained as it affects his land. Motioned carried. 3.3. An amendment to Section 20-16-4.B of the Zoning Ordinance regarding residential accessory buildings. Mr. Licht presented the Planner's Report. Mrs. Hudson attested that all the proper noticing, publishing and posting was done. Chair Black opened the Public Hearing at 7:54 PM. Pat Hilden, 7094 Odell Avenue NE, showed a copy of his lot survey and said that was told when he purchased he has to put a detached garage behind his house. Mr. Hilden would like to see stronger wording in the Ordinance regarding second access. Planning Commission Meeting August 4, 2008. Page 3. Mr. Hilden supports second garages as he hates to see any outside storage in the city. His garage will come off his existing driveway and he wants the 10 foot setback. Chair Black asked about current ordinance. Mr. Licht said that the current ordinance is if detached building is larger than 1000 sq ft it must be 20 feet from rear lot line (R1, R2 and R3). Commissioner Fallon asked about sq footage of building with a 3 foot overhang. Mr. Licht said that an overhang is exception to rule up to a 2 ft overhang. Commissioner Thompson said he feels 10 foot is reasonable. Commissioner Fallon said this doesn't bother her either way but this is pushing accessory building's closer to neighbor even though lots are larger. Commissioner Nichols asked what is setback for wood fence. Mr. Licht said it can be right on property line. Mr. Hilden said he did take into consideration of his unique situation and there will be no homes any closer as they built on the opposite sides of their lots. If his lot is ever subdivided it would be divided with garage kept with house. Hearing no more comments, Chair Black closed the Public Hearing at 8:10 PM. Commissioner Thelen said the City just can't catch everything and Planning Commission is doing nothing with change of garage sizes. Commissioner Fallon said she doesn't see a need to change and Mr. Hilden can apply for a CUP. Mr. Licht said he would need to ask for a variance and staff didn't feel he met the needs for a variance. Commissioner Thelen asked if this has come up with other properties. Mr. Licht explained how this has come up several times. Commissioner Hackman motioned to recommend approving the proposed Zoning Ordinance amendment regarding residential accessory buildings. Seconded by Commissioner Hackman. Commissioner Fallon opposed. Motion carried. 4. Any other Planning Commission Business. 4.1. Update on City Council actions. CM Heidner updated the Commissioner on recent Council actions. 4.2. Update on future Planning Commission Agenda Items. Mr. Licht said there is none. 5. Adjournment by 10 PM. Commissioner Fallon motioned to adjourn. Seconded by Commissioner Thelen. All in favor. Motion carried. Adjourned at 8:30 PM. Pam Black, Chair Attest: Judy Hudson, City Clerk/Zoning Admin. Written by: Tami Loff, Deputy Clerk