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Planning Commission Minutes 05-15-1995 (Special Meeting) . . . Minutes SPECIAL MEETING - MONTICELLO PLANNING COMMISSION Monday, May 15, 1995 - 6:00 p.m. Members: Dick Frie, Jon Bogart, Richard Carlson, Rod Dragsten, Richard Martie Staff: Jeff O'NeIl, Gary Anderson, Steve Grittman, Wanda Kraemer 1. Call to order. Chairman Dick Frie called the meeting to order. 2. Public Hearine---Consideration of a prelimina:r:y plat reQJ.1est to subdivide an existine- plat of residential lots into two 3-unit townhome buildine- lots into a residential subdivision known as Pinehurst. Applicant, EU2:ene Bauer. 3. Public Hearine- --Consideration of a variance reQJ1est to the side yard setback requirement for driveway. Awlicantr Eue-ene Bauer. 4. Public Hearinlr--Consideration of a conditional use permit which would allow two 3-nnit townhome huildines in an R-2 district. l\pplic-.ant. EUlrene Baner. Steve Grittman, City Planner, reported the applicant, Eugene Bauer, has submitted a preliminary plat to construct two three-unit townhouse buildings on four existing platted lots. This does involve three applications but can be discussed at one time. The applicant has requested a subdivision approval, a conditional use permit to develop the property as a PUD, and a variance for side yard setback for a driveway. The project is proposed for construction in a mature neighborhood of the City and where the predominant building type is single family homes. The site plan calls for two, three unit townhouse building sites. Each townhouse would have its own parcel of land surrounding the building, with common waIls. In addition, the development would include a space surrounding all building sites which would be commonly owned. The Zoning Ordinance requires a minimum of 5,000 square feet oflot area per unit. As proposed, the Pinehurst project would consist of over 7,200 square feet of lot area per unit. The second request to develop the property as a planned unit development is allowed in the R-2 zoning district with a conditional use permit. The requirements of Chapter 20 PUDs and the administrative conditions of Chapter 22 must be met. The Commission should consider the following five items: 1. Relationship to municipal comprehensive plan. Page 1 . Special Planning Commission Minutes - 05/15/95 The geographical area involved. 2. 3. Whether such use will tend to or actually depreciate the area in which it is proposed. 4. The character of the surrounding area. 5. The demonstrated need for such use. . The third request is consideration of a variance request to the side yard setback requirements for the driveways. The ordinance states that the driveways shall be a minimum of three feet from the side yard property line in residential districts. In this case, the driveways of four units are adjacent to the side yard lot lines of the individual unit lots. The zoning ordinance requires a separation between the driveways either side of the lot line in order to eliminate the visual appearance of a single, continuous concrete slab driveway for both double width garages. Also, there is a non-conforming condition with the driveway and the curb cut of the Unit 1 which is the closes to the intersection. Curb cut access has to be at least forty (40) feet from the intersection of two or more street right-of-ways. In the current site plan the driveway is only twenty-five feet from the intersection of the front and side yard lot line, a considerable deviation from the code requirement. The best solution would be to change the layout of the townhouses to allow more distance from the curb cut to the intersection. Chairman Frie opened the public hearing. Gene Bauer, applicant, explained that the reason for the present design was to save as many large pines trees as possible. There was a driveway turn around planned for Unit One so the vehicles would not be backing onto the street. Bauer was open to suggestions for changing the layout to meet the forty foot setback requirement but was concerned with saving the large trees. He did take time sketch an alternate plan at the meeting and then reviewed it with the Commission. Chairman Frie closed the public hearing. Chairman Frie questioned Jim Eisele, land owner, why there had been so many trees removed from the property already. Eisele explained that most of the trees that were removed were "junk" trees and would not meet the landscape requirements. As many trees as possible were left, including a thirty foot tree in the common area (Lot 4). . The Commission discussed how the city governs the associations. O'Neill explained that staff reviews the association bylaws and the bylaws are Page 2 . Special Planning Commission Minutes - 05/15/95 then filed with the final plat. Park land dedication was also discussed. O'Neill stated that the City has only required park dedication on new plats in the past. This plat is less than an acre and park dedication would not be required. The issue of the street being tom up during installation of utilities was addressed next. Bauer was aware that he would need an excavation permit to complete the utilities. RICHARD CARLSON MADE A MOTION TO GRANT THE REQUEST TO SUBDNIDE AN EXISTING PLAT OF RESIDENTIAL LOTS INTO TWO 3-UNIT TOWNHOME BUILDING LOTS INTO A RESIDENTIAL SUBDNISION KNOWN AS PINEHURST. SECONDED BY JON BOGART. Motion passed unanimously. RICHARD MARTIE MADE A MOTION TO DENY THE SETBACK VARIANCE REQUEST BASED ON THE FINDING THAT A HARDSHIP HAS NOT BEEN DEMONSTRATED TO JUSTIFY THE VARIANCE. SECONDED BY ROD DRAGSTEN. Motion passed unanimously. . Bauer indicated that he would make the necessary adjustments to the site plan to allow development without the need for the variances. JON BOGART MADE A MOTION TO APPROVE THE CONDITiONAL USE PERMIT WHICH WOULD ALLOW TWO 3-UNIT TOWNHOME BUILDINGS IN THE R-2 DISTRICT SUBJECT TO: 1. A REVISED SITE PLAN IS SUBMITTED INDICATING THE DISTANCE BETWEEN THE INTERSECTION AND THE CURB CUT OF ANY DRNEW A Y IN EXCESS OF 40 FEET, AS WELL AS COMPLIANCE WITH THE 3 FOOT SETBACK FOR DRIVEWAYS FROM SIDE PROPERTY LINES. 2. A GRADINGIDRAINAGE PLAN IS SUBMITTED WHICH INDICATED DRAINAGE PATTERNS AND GRADING NECESSARY TO DIVERT SURFACE WATER RUNOFF AWAY FROM THE TOWNHOUSE PROJECT. . Page 3 . . . Special Planning Commission Minutes - 05/15/95 3. A LANDSCAPE PLAN IS SUBMITTED WHICH INDICATED THE TREES ON SITE BEING PRESERVED, AS WELL AS ANY ADDITIONAL LANDSCAPE IMPROVEMENTS ASSOCIATED WITH THE TOWNHOUSE PROJECT. 4. THE CONNECTION OF PUBLIC UTILITIES IS FOUND TO BE ACCEPrABLE BY THE CITY ENGINEER AND APPROPRIATE TO THE CITY'S SERVICE CAPACITIES. 5. THE APPLICANT ESTABLISHES A PROPERTY OWNER'S ASSOCIATION FOR THE PRIMARY PURPOSE OF MAINTAINING THE PROPERTIES COMMON SPACES. 5. Adjournment. There being no further discussion the meeting was adjourned. Respectfully submitted, Wcuzo!c. J<1~ Wanda Kraemer Development Services Technician Page 4 -