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HomeMy WebLinkAbout04/01/20151. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:00 p .m Members Present: Tom Melander, Ken Alwin, Tim Burke, Keith Diekmann, Paul Scanlan and David Schindler. Members Absent: None Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, City Engineer Colin Manson, Planner Kathy Bodmer and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. Hearing none he called for a motion. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler, approving the agenda. Ayes - 6 - Nays - 0. 3. APPROVAL OF MINUTES MARCH 18, 2015 Chair Melander asked if there were any changes to the minutes. Community Development Director Bruce Nordquist stated a revised copy of the minutes had been distributed to the Commission. MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan, approving the revised minutes of the meeting of March 18, 2015. Ayes - 6 - Nays — 0. 4. CONSENT ITEMS CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES APRIL 1, 2015 A. Set public hearing for May 6, 2015, 7:00 p.m. to consider rezoning of two properties: Outlot C, Valley Business Park and 5751 - 150th Street W. from "A" (Agricultural) to "BP" (Business Park). PETITIONER: City of Apple Valley MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, adopting resolution setting a public hearing for May 6, 2015, to consider the rezoning of the following properties from "A" (Agricultural) to "BP (Business Park) for consistency with 2030 Comprehensive Plan designation of "IND" (Industrial): a. Parcel 1: Outlot C, Valley Business Park b. Parcel 2: 5751 — 150th Street W. Ayes - 6 - Nays — 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes April 1, 2015 Page 2 of 3 5. PUBLIC HEARINGS --NONE-- 6. LAND USE/ACTION ITEMS A. Schesso/Hine Fence Variance — Request for a variance allowing for increase in fence height from 3.5 feet to 6 feet where a fence is located along a rear property line, which constitutes the side lot line of an abutting lot. (PC15-12-V) LOCATION: 14334 Embry Path PETITIONER: Troy Schesso and Lisa Hine Planner Kathy Bodmer stated the applicant is requesting a variance to the maximum height of a fence from 3.5' to 6' within a 17' sight triangle where a rear yard abuts a neighbor's side yard, based upon the practical difficulty that they need to have a six foot (6') fence for a dog and that extending the fence around the corner would allow them to preserve one of four mature evergreen trees on the northeast corner of the property adjacent to Ebony Lane. The Staff reviews variance applications based strictly upon the requirements of the state statutes and the City Code which require that the applicant establish that there are "practical difficulties" present in order for a variance to be granted, and that logical alternatives are not available. The definition of a practical difficulty is the following: the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of the code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. The City Code also states that economic considerations alone do not constitute practical difficulties. Because the owner has options other than a variance, staff is not recommending approval of the variance. She stated the applicants wish to extend their 6' privacy fence along the side and rear lot line. However, while the petitioners fence would be located along their property's rear lot line, it would be located along the side lot line of the neighbor's property to the north. The zoning code states, when a property's rear lot line constitutes the side lot line of the neighbor's property, that the height of a fence within a 17' triangle area may not exceed 3.5' in height. The previous owner of the property installed a 6' privacy fence along Ebony Lane and terminated it when it reached the 17' sight triangle. In its place, the previous owner installed four evergreen trees which are now over 20' tall. The current owners wish to extend the 6' privacy fence along the side lot line around the corner and around the rear lot line. This requires a variance from the fence height requirement through the 17' sight triangle. In the future, the owners plan to construct a detached garage on the northwest corner of the property with a driveway access on the northeast corner of the property off of Ebony Lane. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes April 1, 2015 Page 3 of 3 The owners have two alternatives available which would allow them to avoid a variance: the first would be to simply reduce the height of the fence and make it 3.5' tall within the 17' triangle. The rest of the fence could be 6' tall. The petitioners state that the fencing is for a dog and that the shorter fence is not an option for them. The second alternative would be to angle the fence so that the 17' sight triangle remains open. The owners state that angling the fence would require the removal of the mature evergreen trees located in the corner. They state that the variance would help them to keep one of the existing mature trees. Without the variance, all of the trees would likely need to be removed to angle the fence. The primary concern the City has regarding fence heights in the 17' sight triangle would be ensuring that the neighbor can see safely to exit his /her driveway. In this case, the driveway is on the other side of the neighbor's lot. In addition, the 20'+ trees are a larger obstruction to the view than a 6' fence would be. The variance would not impact the neighbor's visibility. The neighbors have submitted a letter in support of the requested variance. Troy Schesso and Lisa Hine, 14334 Embry Path, provided additional information Discussion followed. The variance request was tabled by the applicants and they will work with staff. 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, April 15, 2015, at 7:00 p.m. A worksession for Vitalocity would be a presentation on strategies for an aging- friendly community. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan to adjourn the meeting at 7:34 p.m. Ayes - 6 - Nays - 0. Respectfully Submitted, , rit4L J Murphy, Planning epa ent Assistant Approved by the Apple Valley Planning Commission on