Planning and Zoning Commission Meeting

PLANNING AND ZONING COMMISSION MEETING MINUTES Tuesday, March 12, 2024 at 6:00 PM Baxter City Hall, 13190 Memorywood Drive, Baxter, MN “A Growing Community” CALL TO ORDER The regular meeting of the Baxter Planning and Zoning Commission was called to order at 6:00 pm by Acting Chair Hiltner at 6:00 pm. ROLL CALL MEMBERS PRESENT: Commissioners Chuck Hiltner, Larry Kellerman and Council Liaison/Mayor Darrel Olson MEMBERS ABSENT: Chair Bob Kinzel and Commissioner Howie Oswald and Gwen Carleton STAFF PRESENT: Planner Matthew Gindele OTHERS: Roger Blomberg MINUTES 1. Approve the Planning & Zoning Commission Meeting Minutes from February 13, 2024. MOTION by Commissioner Kellerman, seconded by Commissioner Hiltner to approve the Planning and Zoning Minutes from the February 13, 2024. Motion carried unanimously. Acting Chair Hiltner stated that this Commission is a recommending body and that final approval/denial is taken with the City Council on March 19, 2024. COMMENTS AND QUESTIONS None OLD BUSINESS None NEW BUSINESS 2. PUBLIC HEARING. Variance to a rear yard setback for property located at 14467 Blackberry Court (City file 24-08) Acting Chair Hiltner asked for the staff report. Planner Gindele stated the applicant is requesting a variance to a rear yard setback for property located at 14467 Blackberry Court. The subject property is a through-lot located on a cul-de-sac; through-lots have required 40-foot front yard setback to each street frontage rather than the standard side or rear yard setbacks. 3/12/2024 Planning and Zoning Commission Meeting Minutes Page 2 Planner Gindele reviewed the location with an aerial view and site plan with the Commission. He also reviewed the site plan with the home located on the plan. The subject property has little to no topography and is approximately .45 acres in size. The property is wooded with a presence of mature deciduous and coniferous trees. There are no wetlands or floodplains on the lot and it is not within any shoreland district. The property is an upside-down triangle shape narrowing to a point on the cul-de-sac and widening out as you head north toward Clearwater Road. The property is a through-lot meaning it has frontage on multiple streets but is not a corner lot. The property fronts on both Blackberry Court (in the front yard) and on Clearwater Road (in the rear yard). Being a through-lot, the property has a required 40-foot front yard setback on both street fronts. The applicant is requesting a variance to construct a new home that would extend five feet the required 40-foot rear yard setback. The standard rear yard setback in the R-1 residential district is 30 feet but since the lot is a through lot with frontage on Blackberry Court in the front yard and frontage on Clearwater Road in the rear yard, the ordinance states that a 40-foot front yard setback is required to each street frontage. The total depth of the lot between the frontage on Blackberry Court and the frontage on Clearwater Road is 133 feet. When the two 40- foot setbacks are taken out of the equation the applicant is left with 53 feet of buildable lot area between the two setbacks. The applicant’s house plan requires a total of 58 feet from the front of the garage to the back of the house. The difference between the buildable lot depth and the depth of the proposed structure is 5 feet, thus the request for a 5-foot variance. It should be noted that if this were not a through-lot and the subject property had the standard 30-foot rear yard setback, this variance would not be needed. Additionally, a standard 15,000 sq. ft. lot (which is the minimum lot size in the R-1 district) is 100 feet wide by 150 feet deep, whereas the subject property is only 133 feet deep. Utility Commission Review: Public Works Director/City Engineer Walter reviewed the variance application regarding a lot line setback for 14467 Blackberry Court. The application is for the construction of a single-family house on Blackberry Court, the property is on the north end of the cul- de-sac of Blackberry Court and has road frontage on Clearwater Road. According to City Code, the subject property has double frontage, so there is a 40-foot building setback from Blackberry Court and Clearwater Road. The property was platted with the Bitterroot Plat which included the dedication of 10-feet of right- of-way to Clearwater Road. Prior to the plat, Clearwater Road had a 60-foot right-of-way. The Bitterroot plat dedicated 10 additional feet to both sides of Clearwater Road to meet the 80-foot right-of-way as required in City Code. Additionally, included in the plat is the 10-foot Drainage and Utility Easement along property lines adjoining all roads. The builder is proposing to construct the house with a 30-foot setback to Clearwater Road right-of- way. The setback requirement from a building to the back lot line is 30-feet, this situation there is no back (rear) lot setback because they have two front lots setback requirements. The variance would essentially treat the north property line as a back (rear) lot line. Mr. Walter recommended approving the variance for reasons listed below:  Clearwater Road is a collector road, the best engineering practice on collector roads is to reduce the number of access points, therefore Public Works would not allow driveway access if requested. The road frontage should be on Blackberry Court. 3/12/2024 Planning and Zoning Commission Meeting Minutes Page 3  The Clearwater Road right-of-way currently meets the right-of-way width requirement as outlined in the City Code and includes a 10-foot drainage and utility easement. No additional impediments are anticipated that would reduce the 30-foot setback that is proposes. The Utility Commission recommended approval of the variance request. Staff recommends approval of the variance, subject to the findings and conditions in the draft resolution. Commissioner Kellerman asked why the house isn’t being moved forward on Blackberry Court. Planner Gindele stated it was a horse a piece, either way there will need to be a variance and staff thought a variance to the rear yard setback would be better than to the front yard setback, especially since the proposed rear yard setback still meets the standard rear yard setback requirement of the R- 1 district. The Commission noted there are a few more lots in that area that will also most likely require a variance. Council Liaison/Mayor Darrel Olson added that sometimes after a plat is recorded things change, such as roads being widened, service drives being added or a trail being put in after the plat was recorded. He used the Radco building as an example, that building was there before Hwy 371 was widened to 4 lanes and the service drive was added after the building was built. Acting Chair Hiltner opened the public hearing. Mr. Roger Blomberg, owner/contractor approached the podium. He stated that he understood the setbacks and had no questions or concerns. Acting Chair Hiltner closed the public hearing. MOTION by Commissioner Kellerman, seconded by Commissioner Hiltner to approve a variance to a rear yard setback for property located at 14467 Blackberry Court as presented by staff in the draft resolution. Motion unanimously approved. 3. PUBLIC HEARING. Ordinance Text Amendments throughout Title 10 “Zoning Regulations” of the City Code (City file 24-09) Acting Chair Hiltner asked staff for the staff report. Planner Gindele indicated that staff is requesting this item be tabled until the next meeting. Acting Chair Hiltner opened and closed the public hearing with not one in the audience. MOTION by Commissioner Kellerman, seconded by Commissioner Hiltner to table the ordinance text amendments throughout Title 10 “Zoning Regulations” of the City Code as requested by city staff. Motion unanimously approved. UPDATES None ADJOURN 3/12/2024 Planning and Zoning Commission Meeting Minutes Page 4 MOTION by Commissioner Hiltner, seconded by Commissioner Oswald to adjourn the meeting at 6:15 p.m. Motion unanimously approved. Approved by: Submitted By: ___________________________ ______________________________ Chuck Hiltner Shanna Newman Acting Chair CD Administrative Assistant