Planning Commission

PLANNING COMMISSION Regular Meeting August 28, 2017 Page 1 of 7 Regular Meeting: Planning Commission Location: City Hall, Council Chambers, 515 2nd Avenue SW, City of Minot, ND Meeting Called to Order: August 28, 2017 at 6:30 p.m. Presiding Official: Chairman, Tyler Neether Members in Attendance: Wallace Berning, Charles DeMakis, Matt Geinert, Jon Hanson, Pam Karpenko, Tim Keller, Todd Koop, Jynette Larshus, Todd Wegenast, Bob Wetzler Members Absent: Randy Bartsch, Jody Bullinger City Staff Present: Planning Director, Principal Planner, Assistant City Planner, City Attorney, Asst. City Engineer, Traffic Engineer, Public Information Officer Others Present: Aldermen Jantzer, Podrygula, Sipma, Straight Meeting Called to order by Chairman Tyler Neether Approval of the July 31, 2017 Regular Meeting Minutes. Motion by Commissioner DeMakis, seconded by Commissioner Koop, to approve the July 31, 2017 regular meeting minutes and was carried by the following roll call vote: ayes: Berning, DeMakis, Geinert, Hanson, Karpenko, Keller, Koop, Larshus, Neether, Wegenast, Wetzler. nays: none Motion passed RECOMMENDATIONS Item #1: The Planning Commission approved an application by Dennis Roberts for a variance to the front yard setback from the required 25’ to approximately 10’ for the purpose of constructing a garage in a R1 (Single Family Residential) District on Charlebois Addition, Block 5, W½ of Lot 7. The property is located at 925 3rd Street SE. Principal Planner Lance Lang presented the staff report. He stated, the lot was platted in the early 1900s and is very narrow. There had been a garage on the east (rear) side of the property and the applicant demolished the garage intending to rebuild it. Under the current zoning ordinance, a 25-foot setback is required on a corner lot and the garage had encroached 15 feet into that setback. Neighboring houses have similar setbacks. An existing deck would have to be removed to comply with the current setback. To summarize, this variance is recommended for the following reasons: 1|Page PLANNING COMMISSION Regular Meeting August 28, 2017 Page 2 of 7 1) Shallow depth of the lot 2) Unreasonable impacts to other improvements present on the site if the variation is not granted. 3) This hardship is not unique and cannot be considered a special condition or special treatment as the other homes in the neighborhood face the same challenges of small lot size and narrow lot width and the improvements on these lots do not meet the modern setback requirement of twenty five feet (25’). 4) In the same logic, this variance will not alter the essential character of the area. 5) The granting of the Variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 6) The proposed Variation will not: a. Impair an adequate supply of light and air to adjacent property; b. Substantially increase the hazard from fire or other dangers to said property or adjacent property; c. Otherwise impair the public health, safety, comfort, morals or general welfare of the inhabitants of the neighborhood; d. Diminish or impair property values within the neighborhood; e. Unduly increase traffic congestion in the public streets and highways; f. Create a nuisance; or g. Result in an increase in public expenditures; 7) The variation is the minimum variation that will make possible the reasonable use of the land and building. Chairman Neether called on the applicant to come forward. Dennis Roberts stated, they had demolished the garage with the intention of rebuilding it. Chairman Neether asked Mr. Roberts whether he intended to expand the garage from its original footprint. Mr. Roberts answered, it would be expanded to the west to line up with the roofline of the laundry room, however the footprint would not be expanded to the east or south. Chairman Neether then opened the floor to public comment. Hearing none, Chairman Neether closed the floor to public comment and brought the issue to the Commission for discussion. He asked City Attorney Kelly Hendershot whether the Commission needed to reference the hardship in the motion. Ms. Hendershot answered, the motion is based on staff recommendation and therefore the hardship would not need to be referenced in the motion. Chairman Neether asked whether any opposition had been received from neighbors. Mr. Lang answered, no opposition had been received. Hearing no further discussion, Chairman Neether called for a motion. Commissioner Berning moved to approve the variance based on staff recommendations. Commissioner Koop seconded the motion which was carried by the following roll call vote: ayes: Berning, DeMakis, Geinert, Hanson, Karpenko, Keller, Koop, Larshus, Neether, Wegenast, Wetzler. nays: none Motion Passed Item #2: The City Council approve an application by Mark Sandstrom to subdivide an unplatted portion of the W½SW¼NE¼ of Section 12-154-83 into two lots to be known as Dakota Estates 8th Addition, Lots 1-2. 2|Page PLANNING COMMISSION Regular Meeting August 28, 2017 Page 3 of 7 Also, to change the zone from AG (Agricultural) to RA (Residential Agricultural) District on the proposed Dakota Estates 8th Addition, Lots 1-2. This property is located at 5712 7th Street SE. Mr. Lang presented the staff report. He stated that the property is located outside City limits in the 2- mile extraterritorial jurisdiction. It consists of 20 acres and the applicant proposes to split it into a 14.6- acre lot and a 5.4 acre lot. The smaller lot will contain a house and two outbuildings, one of which will be demolished to comply with setbacks before the property is sold. The larger lot contains a pasture. Both lots will have access to 7th Street SE via a 33’-wide access easement in a “pipe stem” configuration. As the minimum lot size for Agricultural District is 20 acres, a rezone to Residential Agricultural is required. Chairman Neether opened the floor to public comment. Applicant Mark Sandstrom stated, his intent was to sell this property and build another house elsewhere. The outbuilding has not yet been removed. Hearing no further public comment, Chairman Neether closed the floor to public comment and brought the issue to the Commission for discussion. He noted that the Planning Department had received a letter from a neighboring property owner in opposition to this request. Mr. Lang stated, the neighbor had expressed concerns about traffic and whether subdividing the property further would create an undue burden on septic systems. The RA District requires a lot size sufficiently large to accommodate both a well and septic system, and the addition of only one lot would not generate a noticeable increase in traffic. Hearing no further discussion, Chairman Neether called for a motion. Commissioner Karpenko moved the City Council approve the item. Commissioner DeMakis seconded the motion. Chairman Neether asked whether the access easement needed to be included in the recommendation. Mr. Lang responded, as the easement was already shown on the preliminary plat, he saw no need to make it a condition for final approval. Chairman Neether called for a roll call vote: ayes: Berning, DeMakis, Hanson, Karpenko, Keller, Koop, Larshus, Neether, Wegenast, Wetzler. nays: none. abstentions: Geinert Motion Passed Item #3 Chairman Neether noted that Item 3 a request by Earth Recycling, Inc., represented by Arden Jesz, for a conditional use permit to allow a nonhazardous resource recovery facility in a M1 (Light Industrial) District on Expressway 2nd Addition, Block 1, Lot 3. The proposed site is located in a portion of a building at 3500 Burdick Expressway E had been held. Item #4 The Planning Commission approved an application by Dean & Norma Bachmeier for a variance to construct a fence 100% closed from the required 50% open within the front yard setback, and a variance to construct a fence 6’ in height from the required maximum of 4’ within the front yard setback in a R1 (Single Family Residential) District on Green Acres Addition, amended plat less Outlot 6 for road, Lot 1. 3|Page PLANNING COMMISSION Regular Meeting August 28, 2017 Page 4 of 7 This property is located at 1600 Meadowlark Drive. Mr. Lang presented the staff report. He stated, the property was located to the west of the mall north of Cash Wise Foods. The house that had been across the street to the south along with a noise barrier had been removed to accommodate a turn lane from 16th Street to 31st Avenue SW, opening this property to noise and traffic. While trees have been planted on the vacant lot to the south, it will be a number of years before they can provide adequate screening. In response, the applicants were requesting to construct a fence for a length of 18 feet from the remaining noise barrier on their east property line that would be situated along the south property line, to provide better privacy for their front porch. Staff recommends denial of the variance as requested due to the lack of a demonstrable (undue) hardship or exceptional (practical) difficulty. • Approval of the requested variance would provide special consideration for the applicant’s property that does not apply generally to other properties in the area. • If this variance were granted it would set a precedent and the Commission would be hard pressed to deny similar applications in the future. • It would not be in best interest of public health, safety and welfare to allow other properties in the neighborhood to erect solid six-foot fences along the street right-of way line. Staff further recommends that the applicant plant shrubs in the front yard to provide screening and buffering from the activity to the south as opposed to the fence. Commissioner Geinert asked whether the color of the fence would match the block of the existing wall. Mr. Lang responded, the applicants had not provided a detailed description but believed the fence would be constructed of solid wood plank. Commissioner Wetzler expressed support for the variance requests. He stated, he had visited with the applicants and seen how the removal of the house and wall to the south had impacted this property and felt the requests were reasonable. He believed they would construct a vinyl fence that would match the color of the existing barrier. As left turns from Meadowlark Drive on to 16th Street are prohibited, there are no line-of-sight issues. He did not believe that granting a variance for this property would set a precedent, but was concerned that they would be unable to fully enjoy their property due to noise and headlights. He further stated, every variance granted by the Planning Commission sets some type of precedent and granting this particular variance would benefit the neighborhood as opposed to negatively impacting it. The trees planted in the vacant lot to the south do not provide adequate screening. Chairman Neether then called on the applicants to come forward. Dean Bachmeier stated, they have lived in this house for approximately 45 years and 16th Street consisted of a gravel road with no surrounding commercial development at that time. They had evergreen trees planted along the east side of the property, but they were removed many years ago, in error, when the barrier was built and a small portion of the property was purchased by the City. At the time the City bought the property across the street, they had not been approached by anyone representing the City and had no knowledge that the City was considering buying part of their property until reading an article in the newspaper. Norma 4|Page PLANNING COMMISSION Regular Meeting August 28, 2017 Page 5 of 7 Bachmeier stated, the proposed fence would be two feet shorter than the existing wall and would not create any visibility issues. Mr. Bachmeier stated, the ban on left turns to 16th Street is rarely, if ever, enforced. Mrs. Bachmeier added that the left turn ban is, in practice, only really enforced by insurance companies when determining liability for accidents. While they accepted that traffic on 16th Street would continue to increase, removal of the wall had drastically altered the character of Meadowlark Drive. Chairman Neether then opened the floor to public comment. Hearing none, Chairman Neether closed the floor to public comment and brought the issue to the Commission for discussion. Commissioner Geinert stated, he would prefer to see more detailed plans before taking action. Chairman Neether called on the applicants to provide more information for the Commission. Mr. Bachmeier stated, the fence would be constructed of vinyl and match the color of the existing wall. Commissioner Hanson asked whether there would be any setback concerns with the proposed location. Mr. Lang responded, anything in the front yard setback must be built to a maximum height of 4 feet and 50% open per the ordinance. Commissioner Hanson asked whether this meant that a fence meeting the requirements in the ordinance would be permitted in the proposed location. Planning Director Robert Davis clarified, anything within 25 feet of the front property line is subject to a maximum of 4 feet high and a 6-foot high fence is permitted past that distance. Mr. Bachmeier responded, conforming to the requirements in the ordinance would not have suited their needs. Commissioner Hanson then asked how many other properties would have a similar situation. Mr. Davis responded, Planning staff needs to consider not just the impact to the neighborhood, but the community as a whole, so if a similar case arises in a different location within an R1 District, the Commission would have to grant a similar privilege. Commissioner Keller stated, this is an extraordinary situation in which the property has been exposed to a great deal of traffic and noise, and granting a variance would not be out of the ordinary. Commissioner Koop asked whether the structure would still be considered a fence if it were built closer to the porch. Mr. Davis responded, no fence or wall in the front yard setback above 4 feet in height can be built per the ordinance. Commissioner Wetzler moved to approve the variance based on the fact that, due to the work performed, enjoyment of the property has been deteriorated. Commissioner Keller seconded the motion. Chairman Neether then asked Mr. Lang how tall the evergreen trees on the property across the street would grow. Mr. Lang believed they would grow to 40 feet in height and 20 feet in diameter, in approximately 20 years’ time. Commissioner DeMakis asked why the wall south of Meadowlark Drive had not been replaced. Mr. Lang answered, the State Department of Transportation had determined that the wall was inadequate as a noise barrier and had therefore chosen not to replace it. Assistant City Engineer Jacqueline Melcher added, the Department of Transportation had determined that a noise barrier would need to be constructed 18 feet high to adequately insulate the noise at this location and did pose visibility issues for traffic turning right on to 16th Street. The wall was only intended to act as a visual buffer and never a noise buffer. 5|Page PLANNING COMMISSION Regular Meeting August 28, 2017 Page 6 of 7 Hearing no further discussion, Chairman Neether called for the vote. Whereupon Commissioner Wetzler moved to approve both the variance to the open space requirement, and the variance to the height restriction. Motion seconded by Commissioner Keller and carried by the following roll call vote: ayes: Berning, DeMakis, Hanson, Karpenko, Keller, Koop, Larshus, Wegenast, Wetzler. nays: Geinert, Neether. Motion Passed Item #4 The City Council approve an application by Icelandic Properties LLC and Keith Johanneson/Pace North Dakota #3 LLC, represented by John Meyers, to subdivide Market at North Hill, Lot 3 less right-of-way and Market at North Hill 2nd Addition, Lot 2 into 3 lots to be known as Market at North Hill 3rd Addition, Lots 1-3. This property is located at 1900 21st Avenue NW. Mr. Lang presented the staff report. He stated, the commercial use is not proposed to be changed. The existing lot on the north side of 21st Avenue will be split in two, and both lots will take a strip of the lot to the north. With the existing utilities and easements, the lots are easily developable. Staff recommends approval of Market at North Hill 3rd Addition with the following condition: Additional right-of-way on the north side of 21st Avenue NW is required to accommodate future widening from a two-lane road section to a four-lane road section. The required dedication is not shown on the plat. An additional 12 feet of right-of-way shall be dedicated along the north side of 21st Ave NW for the length of the subdivision and shown on the final plat. Chairman Neether called on the applicant to come forward. Josh Reiner, Moore Engineering, stated that the dedicated right-of-way was marked with a dotted line on the preliminary plat. Ms. Melcher stated, the right-of-way dedication as shown in the preliminary plat was too ambiguous and would need to be more clearly defined on the final plat. Chairman Neether asked Mr. Reiner whether that would be acceptable to the applicant. Mr. Reiner answered that it would. Chairman Neether then opened the floor to public comment. Hearing none, Chairman Neether closed the floor to public comment and brought the issue to the Commission for discussion. Hearing none, Chairman Neether called for a motion. Commissioner Karpenko moved to recommend approval based on Staff recommendations. Commissioner Larshus seconded the motion which was carried by the following roll call vote: ayes: Berning, DeMakis, Geinert, Hanson, Karpenko, Keller, Koop, Larshus, Neether, Wegenast, Wetzler. nays: none Item #5 Mr. Lang made a presentation to the Commission about changes Staff had proposed to Chapter 24 of the Ordinance, which contains the regulations for landscaping. He stated, when he first came to the City 6|Page PLANNING COMMISSION Regular Meeting August 28, 2017 Page 7 of 7 he felt that the landscaping regulations were too restrictive and Staff was proposing revisions with the aim of creating more relaxed and flexible regulations by reducing certain required quantities. The proposed changes are based on seven goals: • Clearly define minimum requirements by component • Consistent application across similar use types/zones • Provide a reasonable formula to calculate minimum quantities • Eliminate conflicts between sections and consolidate all landscaping requirements in one chapter • Promote creativity and flexibility in design • Insure functional integrity • Provide guidance for unanticipated challenges Mr. Lang stated, the specific changes proposed had been included in the Commissioners’ packets and would be discussed at the following meeting. With no further business before the Commission, Chairman Neether called for a motion to adjourn. Commissioner Karpenko moved and Commissioner Larshus seconded to adjourn the meeting. Motion passed. Meeting adjourned at 7:46 pm. 7|Page