PLANNING COMMISSION AGENDA PACKET

Transcription

1 City of Litchfield PLANNING COMMISSION AGENDA PACKET Monday, December 11 th, 2017

2 City of Litchfield Planning Commission AGENDA Monday, December 11, :30 P.M. Held in the Council Chambers of City Hall 126 N Marshall Avenue I. CALL TO ORDER A. ROLL CALL/DETERMINATION OF QUORUM B. ANNOUNCEMENT OF ADDITIONAL ITEMS II. APPROVAL OF MINUTES A. MINUTES: (Packet) 1. November 13, 2017 III. SCHEDULED ITEMS A. PUBLIC HEARINGS: (Packet) 1. Variance Request by Litchfield Building Center at 626 E Crescent Lane 1 variance to front yard fence height IV. NEW BUSINESS A. TAX PARCEL SPLIT & LOT COMBINATION by Ecumen & David Larson at 311 E 2 nd Street Would like to split 311 E 2 nd Street. The northern most portion will be combined with 216 N Armstrong (owned by Ecumen). The remaining portion will have a deed restriction put on that it cannot be sold separate from 319 E 2 nd Street (owned by Larson). V. OLD BUSINESS VI. ADDITIONAL ITEMS VII. SET HEARING DATES AND TIMES VIII. REVIEW OF COUNCIL ACTIONS A. LOT COMBINATION, CHANGE OF ZONING, AND VARIANCE REQUESTS GRANTED by BlueStem Holdings, LLC at 703 E Ripley St. Combine 265 S Hubbard & 703 E Ripley, Change Zoning from R-2 to B-4 so the current use is conforming to the Ordinance, and a variance to correct the current building s nonconforming setbacks. IX. ADJOURNMENT

3 Minutes Monday, November 13 th, 2017

4 November 13, 2017 I. CALL TO ORDER A meeting of the Planning Commission was held on Monday, November 17, 2017, commencing at 5:30 p.m. in the Council Chambers of City Hall. Commissioner Asmus called the meeting to order. A. ROLL CALL: Chairperson Shannon Asmus Present Commissioner Michael Flaata Present Commissioner Judy Hudson Present Commissioner Larry Dahl Present Commissioner Mike Boyle Present Commissioner Jeff Woods Present Commissioner Tom Zens Present City Planner Hannah Rybak Present City Administrator Dave Cziok Absent B. ANNOUNCEMENT OF ADDITIONAL ITEMS II. APPROVAL OF MINUTES It was moved by Commissioner Woods, seconded by Commissioner Dahl, to approve the minutes of the September 11, 2017, meeting and the minutes of the special meeting held on October 16, All members present voted aye. Motion Carried. III. SCHEDULED ITEMS A. PUBLIC HEARINGS: 1. Lot Combination, Change of Zoning and Variance Requests by BlueStem Holdings, LLC, at 703 East Ripley Street Combine 265 S Hubbard & 703 E Ripley, Change Zoning from R-2 to B-4 so the current use is conforming to the Ordinance, and a variance to correct the current building s nonconforming setbacks. City Planner, Hannah Rybak, provided an overview of the requests. She reviewed the consistency of the request with the standards for granting a lot combination, change of zoning, and variance request. 22 findings of fact offered by staff were presented to the Commissioners by City Planner Rybak. Staff recommendation and potential action were reviewed. 1

5 November 13, 2017 This being the time, date and place set, with all mailed and published notices given as required by law, the hearing was opened at approximately 5:46 p.m., November 13, 2017, to consider a Lot Combination, Change of Zoning, and Variance Request from BlueStem Holdings, LLC, at 703 East Ripley Street. The Lot Combination Request would combine 265 South Hubbard Avenue to 703 East Ripley Street. The Change of Zoning Request would change the current zoning of R-2 to B-4 so the current use is conforming to the Ordinance. The Variance Request would be to correct the current building s nonconforming setbacks. An attendance list is on file. No written comments were received. Scott Marquardt, representing BlueStem Holdings, LLC, was present but declined to speak. The commissioners had no questions for him. Following discussion, no further comments were heard and the hearing was closed at approximately 5:47 p.m. Commissioner Boyle made a motion, seconded by Commissioner Dahl, to recommend approval of the Lot Combination, Change of Zoning, and the Variance Requests and by BlueStem Holdings, LLC, at 703 East Ripley Street, with two conditions on the Change of Zoning being the Applicant must provide a parking plan to the City for review prior to construction of the temporary parking lot and the temporary parking area may remain in place for three years from City Council approval of the rezoning application. At that time, a permanent parking area must be installed, or the Applicant can apply for a Conditional Use Permit to potentially allow for longer temporary parking. Upon roll call vote, all members present voted aye. Motion Carried. IV. NEW BUSINESS V. OLD BUSINESS Commissioner Asmus questioned who is checking on a garage that was moved in on East 3 rd Street and is still sitting on stilts. Commissioner Boyle said he recently mentioned it to Dave for followup. More discussion was held on how we are tracking time limits and conditions imposed on applications. VI. ADDITIONAL ITEMS VII. SET HEARING DATES AND TIMES The next scheduled meeting is Monday, December 11, 2017, at 5:30 p.m. VIII. REVIEW OF COUNCIL ACTIONS A. VARIANCE REQUEST GRANTED - by Ryan & Chantipal Stroschein at th Ave 26 shoreline variance for construction of a deck 2

6 November 13, 2017 B. CONDITIONAL USE REQUEST GRANTED by Dick Farmer at XXX CSAH 11 Allow storage rental business C. TAX PARCEL SPLIT & VARIANCE REQUESTS GRANTED by Ambrose & Janis Borowicz at 822 N Holcombe Ave 18.9 front yard variance and 3 side yard variance on the portion of the property to be split off D. VARIANCE REQUEST DENIED by Margaret Dockery at 208 S Austin Ave Addition constructed without zoning approval encroaches into required side yard setback E. VARIANCE REQUEST GRANTED by White Construction at 663 Cottonwood Ave 10 Variance to the front yard setback IX. ADJOURNMENT Commissioner Asmus adjourned the meeting at 6:06 p.m. Hannah Rybak City Planner 3

7 PUBLIC HEARINGS

8 A. 1. VARIANCE REQUEST By Litchfield Building Center at 626 E Crescent Lane

9 Building a legacy your legacy. 701 Xenia Avenue South Suite 300 Minneapolis, MN Tel: Fax: CITY OF LITCHFIELD MEMORANDUM To: From: Planning Commission Members David Cziok, City Administrator Hannah Rybak, City Planner Date: Planning Commission Regular Meeting for December 13, 2017 Request: Request for Approval a variance to allow for a one (1) foot increase in fence height in the front yard at the property located at 626 East Crescent Lane, PID: GENERAL INFORMATION Applicant: Owner: Location: Existing Land Use / Zoning: Chad Shoultz (LBC) Meeker County Community Homes Inc. 626 East Crescent Lane Single-Family Residential; zoned R-1 Residential District Surrounding Land North: Single-Family Residential; zoned R-1 Residential District Use / Zoning: East: Single-Family Residential; zoned R-1 Residential District South: Single-Family Residential; zoned R-1 Residential District West: Single-Family Residential; zoned R-1 Residential District Comprehensive Plan: The Litchfield Comprehensive Plan guides this property for Residential land use. Deadline for Agency Application Date: Action: 60 Days: CONSIDERATIONS RELATING TO THE REQUEST 1. Overview. The Applicant is requesting a variance of one (1) foot from the maximum fence height of three (3) feet in the front yard, in order to build a four (4) foot fence. The use of the property is a group home serving adult residents. The home is owned and operated by Meeker County Community Homes Inc. The operations of the home require staff in several shifts throughout the day and night. The purpose of the fence is to screen staff headlights so that light does not shine into neighboring windows. The fence is not proposed to be an enclosure; it is intended to be a screening mechanism for the driveway. The proposed location is parallel to the driveway and side (north) property line. It will be placed on the edge of the driveway, which is approximately seventeen (17) feet from the property line. The fence will stop approximately fourteen (14) feet from the front (west) property line. This Equal Opportunity Employer wsbeng.com

10 location is set far enough back that the fence will not cause a traffic visibility issue for people backing out of neighboring driveways. Chapter 154, Section 124, B, 1 states that fences in the front yard shall be limited to thirty-six (36) inches (three feet). 2. Ordinance Authority. Chapter 154, Section 124, provides requirements for fences. Chapter 154, Section 27, 2, D. provides Variance approval requirements. Variances shall only be permitted: 1. When they are in harmony with the general purposes and intent of the Ordinance 2. When the variances are consistent with the Comprehensive Plan 3. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties, as used in connection with the granting of a variance, means that: i. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; ii. The plight of the landowner is due to circumstances unique to the property not created by the landowners; and iii. The variance, if granted, will not alter the essential character of the locality iv. The purpose is not solely financial 3. Consistency of the Request with the Standards for Granting a Variance a. The request is in harmony with the general purposes and intent of the Ordinance. The intent of the Ordinance is to protect the public health, safety, and welfare of residents of Litchfield. Minimizing the disruptions of a group home in a residential area is consistent with that. Criteria met. b. The request is consistent with the Comprehensive Plan. The Comprehensive Plan guides this property for continued residential use. As the use is not proposed to change, the request is consistent with the Comprehensive Plan. Criteria met. c. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. In this case, the request to add an additional one (1) foot of fencing in the front yard, for the purpose of minimizing the impact of staff coming and going at night on the neighbors is very reasonable. Criteria met. d. The plight of the landowner is due to circumstances unique to the property and not created by the landowners. The unique circumstances here are the use of the property. Group homes serve an important function within the community, and the variance has been requested out of concern for neighboring properties. Criteria met. e. The variance, if granted, will not alter the essential character of the locality. Allowing the variance will not have an impact on the character of the overall area. Criteria met. f. The purpose of the request is not solely financial. The request for a variance is not solely financial. Criteria met.

11 FINDINGS OF FACT Staff offers the following sixteen (16) findings of fact for this proposal: 1. The applicant is requesting approval of a variance to allow for a four-foot fence in the front yard, where only three feet in height is permitted by Ordinance. 2. The subject property is located at 626 East Crescent Lane. 3. The subject property is located in the R-1 Residence District. 4. The fence is proposed to be fourteen (14) feet from the front property line, and run parallel to and seventeen (17) feet in, from the side property line. 5. The request is in harmony with the general purposes and intent of the Ordinance. 6. The request is consistent with the Comprehensive Plan. 7. The property owner proposes to use the property in a reasonable manner, not permitted by the zoning ordinance. 8. The plight of the landowner is due to circumstances unique to the property and is not created by the landowners. 9. The variance, if granted, will not alter the essential character of the locality. 10. The purpose of the variance is not solely financial. RECOMMENDATION Based on the findings of fact in this report and submitted plans, staff recommends approval of the request. POTENTIAL ACTION 1. Recommend Approval as Submitted: Motion to recommend approval of the requested Variance to allow for a four (4) foot fence in the front yard at the property located at 626 East Crescent Lane, based on the findings of fact and submitted plans. 2. Recommend Approval with Conditions: Motion to recommend approval of the requested Variance to allow for a four (4) foot fence in the front yard at the property located at 626 East Crescent Lane, based on the findings of fact, submitted plans and the following conditions 3. Recommend Denial: Motion to recommend denial of the requested Variance to allow for a four (4) foot fence in the front yard at the property located at 626 East Crescent Lane, based on the following findings of fact (must provide findings of fact to support denial. ATTACHMENTS Exhibit A: Exhibit B: Location Map Application & Site Plan

12 Attachment A 626 East Crescent Lane Location Map

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15 NEW BUSINESS

16 A. TAX PARCEL SPLIT & LOT COMBINATION By Ecumen & David Larson at 311 East 2 nd Street

17 Building a legacy your legacy. 701 Xenia Avenue South Suite 300 Minneapolis, MN Tel: Fax: CITY OF LITCHFIELD MEMORANDUM To: From: Planning Commission Members David Cziok, City Administrator Hannah Rybak, City Planner Date: Planning Commission Regular Meeting for December 13, 2017 Request: Request for Approval of lot split and lot combination at the properties located at 311 East 2 nd Street 216 North Armstrong Avenue, PIDs: & GENERAL INFORMATION Applicant/Owner: Location: Existing Land Use / Zoning: David & Karen Larson & Ecumen 311 East 2 nd Street Single-Family Residential; zoned R-2 Residential District Surrounding Land North: Single-Family Residential; zoned R-2 Residential District Use / Zoning: East: Single-Family Residential; zoned R-2 Residential District South: Single-Family Residential; zoned R-2 Residential District West: Single-Family Residential; zoned R-2 Residential District Comprehensive Plan: The Litchfield Comprehensive Plan guides this property for residentail land use. Deadline for Agency Application Date: Action: 60 Days: CONSIDERATIONS RELATING TO THE REQUEST 1. Overview. 311 East 2 nd Street is currently owned by Ecumen. The property is undeveloped, except for an accessory structure that is used by Ecumen. The property abuts an Ecumen parking lot to the north, and the Larson s property to the east. The Larson s driveway is located partially on the property as well. 311 East 2 nd Street is currently approximately 52 x 148. The minimum lot width in the R-2 district is sixty feet, thus this lot is not suitable for a single-family home to be built. The Applicants proposal is as follows: They would like to split the lot into two pieces. The northern piece with the accessory structure is proposed to be approximately 52.5 feet in width and 38 feet in length. This piece would then be combined with the Ecumen owned parcel to the north. Equal Opportunity Employer wsbeng.com

18 The southern piece is proposed to be 52.5 feet in width and 110 feet in length. After the split, this piece would be sold to the Larson s. Unfortunately there is a section line running between 311 and 319 East 2 nd Street, so this piece cannot be combined with the Larson s parcel (319). Due to the unique circumstances of the Larson s driveway being partially located over their property line, and the section line preventing a lot combination, a deed restriction will be used to ensure that the two parcels function as one, and will not be sold separately of each other. DEED RESTRICTIONS A deed restriction will need to be placed on each parcel in this proposal. The City Attorney is currently working on them and will have them ready for when this application is presented to the City Council. The Larson s Because the parcel being created does not meet minimum lot requirements, a deed restriction will be placed on the property to ensure that the parcels are never sold separately from one another and will function as one property. Ecumen The issue for this parcel does not lie in lot requirements; the parcel resulting from the combination meets minimum lot requirements. The issue here is use. Currently, the parking lot parcel contains an accessory use with no principal use. Adding the northern piece of 311 East 2 nd Street will add another accessory use, an accessory structure. This will result in two accessory uses with no principal use. The deed restriction will state that the parcel cannot be sold separately from the main Ecumen parcel without City approval. This will essentially state that the site functions as a whole and take care of the use issue. RECOMMENDATION Based on the application form and information in this report, staff recommends approval of the tax parcel split and lot combination at the properties located at 311 East 2 nd Street, 319 East 2 nd Street and 216 North Armstrong Avenue. POTENTIAL ACTION 1. Recommend Approval as Submitted: Motion to recommend approval of the requested tax parcel split and lot combination at the properties located at 311 East 2nd Street, 319 East 2nd Street and 216 North Armstrong Avenue. 2. Recommend Denial: Motion to recommend denial of the requested tax parcel split and lot combination at the properties located at 311 East 2nd Street, 319 East 2nd Street and 216 North Armstrong Avenue. ATTACHMENTS Exhibit A: Exhibit B: Location Map Application & Site Plan

19 Attachment A 311 East 2 nd Street Location Map

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21 CLIENT NAME: Dave Larson PROJECT ADDRESS N 319 2nd Street East Litchfield, MN E W S DATE OF FIELD WORK: September 22, 2017 JOB NO: HORIZONTAL DATUM: Meeker County DATE OF MAP: September 26, 2017 DRAFTED BY:_PMH_ Added Legal Description: November 27, NAD83 (1996) 2017 REVISION: DATE, 20 CHECKED BY:_DSH_ VERTICAL DATUM: N/A Surveyed Description EXISTING LEGAL DESCRIPTION FOR PID NUMBER The East 52 1/2 feet of the East 105 feet of Lots 4 and 5, Block 126, 3rd Addition to the City of Litchfield, County of Meeker, State of Minnesota. EXISTING LEGAL DESCRIPTION FOR PID NUMBER Lot 3 and the South 4.00 feet of the West feet of Lot 2, Block 126, 3rd Addition to the City of Litchfield, County of Meeker, State of Minnesota. PROPOSED LEGAL DESCRIPTION FOR REMAINDER OF PID NUMBER (TO BE ATTACHED TO PID NUMBER ) N 89%%d 15 40" E The East 52 1/2 feet of the East 105 feet of Lots 4 and 5, Block 126, 3rd Addition to the City of Litchfield, County of Meeker, State of Minnesota. EXCEPT The East feet of the East feet of the South feet of Lots 4 and 5, Block 126, 3RD ADDITION TO THE CITY OF LITCHFIELD, according to the plat thereof, on file and of record in the Meeker County Recorder s Office. PROPOSED LEGAL DESCRIPTION The East feet of the East feet of the South feet of Lots 4 and 5, Block 126, 3RD ADDITION TO THE CITY OF LITCHFIELD, according to the plat thereof, on file and of record in the Meeker County Recorder s Office. N 00%%d 41 18" W N 00%%d 41 18" W Containing 0.13 Acres, more or less. Subject to easements of record. Subject to any and all enforceable restrictive covenants. CERTIFICATION: I hereby certify that this survey was prepared by me or under my direct supervision and that I am a Professional Licensed Surveyor under the Laws of the State of Minnesota. Doug Huhn Registration No In the State of Minnesota Surveyor s Notes : Northstar Surveying prepared this survey without the benefit of a current abstract or title work. The property N 89%%d 15 40" E shown is based on a legal description provided by you the client or a general request at the appropriate County Recorder s office. We reserve the right to revise the survey upon receipt of a current title commitment or title opinion. 2: Northstar Surveying was not contacted to locate the size, location, or existence of any/all easements, right-of-way lines, setback lines, agreements or other similar matters. 3: Subsurface buildings, improvements and/or Environmental issues may exist on site that we were not made aware of and therefore were not examined or considered during the process of this survey. 2ND STREET EAST LEGEND Set 1/2 Inch by 14 Inch Iron Pipe with Plastic Cap Inscribed Concrete Surface with License No GRAPHIC SCALE Found Monumentation Set PK Nail ( IN FEET ) 40 Gravel Surface Government Section Corner Bituminous Surface