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HomeMy WebLinkAbout06/03/2009CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES JUNE 3, 2009 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Churchill at 7:00 p.m. Members Present: Jeannine Churchill, Ken Alwin, Keith Diekmann, Frank Blundetto, Tim Burke and David Schindler Members Absent: Tom Melander Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Associate City Planner Kathy Bodmer, City Attorney Sharon Hills, Assistant City Engineer David Bennett and Department Assistant Barbara Wolff 2. APPROVAL OF AGENDA Chair Churchill asked if there were any changes to the agenda. Community Development Director Bruce Nordquist stated there will be a change in how agenda item SA, Fischer Sand and Aggregate Rezoning, is considered, although it is still required to remain on the agenda. Chair Churchill hearing no fiu Cher changes to the agenda called for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Blundetto, to approve the agenda. -The motion carried 6-0. 3. APPROVAL OF MINUTES OF MAY 20, 2009 Chair Churchill asked if there were any changes to the minutes. There being none, she called for approval of the minutes. MOTION: Commissioner Diekmann moved, seconded by Commissioner Blundetto, to recommend approval of the minutes of the May 20, 2009, meeting. The motion carried 4-0. Commissioner Burke and Commissioner Schindler abstained. 4. CONSENT ITEM --NONE-- 5. PUBLIC HEARING S:\pianning\PLANCOMM\2009 agenda & minutes\060309m.doc A. Fischer Sand and Aggregate Rezoning -Consideration of rezoning of property from "SG" (Sand and Gravel) to low and medium density residential. City Planner Tom Lovelace stated that this is a request for a rezoning of approximately 122 acres located in the southeast comer of County Road 42 and Pilot Knob Road. The request is for the zoning to be consistent with the Comp Plan designations, which are currently low density on the east 74.4 acre site and medium density on the west 44.4 acre site. The petitioner is requesting that the hearing be continued to the Planning Commission meeting of June 17, 2009. MOTION: Commissioner Blundetto moved, seconded by Commissioner Burke, to approve tabling the item this evening and continuing the public hearing to June 17, 2009. The motion carried 6-0. 6. LAND USE/ACTION ITEMS A. Apple Valley Hockey Association Zoning Amendment -Consideration of a proposed amendment to "PD-254" (Planned Development) to allow an athletic training facility. Associate City Planner Kathy Bodmer stated that the petitioner is requesting an amendment to "PD- 254" (Planned Development) to allow a sports training facility.. Currently, sports training facilities are not listed as a permitted or conditional use in the zoning district. The Apple Valley Hockey Association requests an amendment to "PD-254" so that it can operate an off-ice training facility in the Abbey Decorating building, located at 6808-1515` Street. Currently the planned development district does not allow sports training facilities or commercial recreation facilities. The petitioner indicates that the facility would be used specifically to train hockey players. The floor plan shows that space would be devoted to free exercise, skating technique, shooting drills and stick handling. One team of 12 to 15 players would use the facility at one time for approximately 90 minutes. Two to three coaches or trainers would be on hand. The petitioner states that most of the students would be dropped off by parents, but four to six pazents might stay to watch. Based on the discussion that took place at the Planning Commission meeting of May 20, 2009, staff created a draft ordinance which would amend the code to allow a "Sports Training Facility" in this location. Anew definition was created to differentiate a training facility from other commercial recreation facilities like health clubs and bowling alleys. The required number of pazking spaces is based upon the activity area and the maximum capacity. Lastly, a Sports Training Facility was added to the list of permitted uses within "PD-254". The total number of parking spaces available on the entire site is 62. A total of 37 parking spaces would be required for the sports training facility. A total of 20 pazking spaces would be available to the site after calculating the parking requirements for the Abbey Decorating and Granite Countertops stores. While it appears that the site is 17 spaces short of the requirement, the site has a large delivery and receiving area in the back (south side) of the building. Additional parking spaces could be added to the rear if it became necessary. In the meantime, the Abbey Decorating and Granite Countertop stores have large wazehouse azeas and are not large parking generators. Staff is comfortable that the available parking on the site is sufficient for the proposed use. S:\planning\PI,ANCOMM\2009 agenda & minutes\060309m.doc The public hearing for this item was held on May 20, 2009. One comment was received from the public which supported the request. Bodmer asked for comments and questions from the Planning Commission. Chair Churchill hearing no further comments asked for a motion. MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke, to recommend approval of the draft ordinance amending Chapter 155 to allow a sports training facility in Planned Development No. 254. The motion carried 6-0. B. Kustermann Setback Variance -Consideration of a side yard setback variance of 5 ft. from the minimum required setback of 10 ft. to allow for construction of a second floor living space over an attached garage that was converted into living space. City Planner Tom Lovelace stated that the petitioner is requesting a variance of 5 feet from the required minimum building setback of 10 feet for a dwelling in the "R-3" (Single Family Residential) zoning district to allow for the constmction of a second story above a former single stall garage that was converted into living space. The property is located at 929 Duchess Lane. City code requires that single family dwellings in the. "R-3" zoning district shall have a minimum side yard setback of 10 feet for the dwelling unit and 5 feet for the garage. The petitioner is requesting variance approval from the minimum required side yard setback to allow for constmction of a second story addition over a former attached single-stall garage, which received a variance in 2008. Approval was granted to allow for a variance of 5 feet from the required minimum building setback of 10 feet for a dwelling in the "R-3" (Single Family Residential) zoning district to allow for the conversion of an existing single stall garage into living space, subject to obtaining a building pemut and removal of the driveway along Duchess Lane. A building pemut was issued in August, 2008, and the driveway has been removed. The petitioner would like to construct a 14 ft. x 24.5 ft. addition above the converted garage space. Because the variance was very specific and allowed for the converted garage to be located closer than the minimum 10 feet from the side property line, the proposed variance to allow the second story addition to be closer than 10 feet requires review and approval of a variance. The elevations indicate that the wall and roof overhang of the proposed addition will project beyond the existing wall of the converted garage, thereby, encroaching further into the side yard setback area. Staff has concerns with the additional encroachment and would propose that the second story elevafion be flush with the first floor wall. City code does allow eaves to encroach up to 30 inches into the required setback area as along as it is no closer than three feet from the property line. A variance is a legally permitted deviation from the literal requirements of the city code. A variance maybe granted in instances where strict enforcement would cause undue hardship; the circumstances are unique to the individual property under consideration; and the granting of the variance will be in S:\planning\PLANCOMM\2009 agenda & minutes\060309m.doc keeping with the spirit and intent of the applicable ordinances, and will not alter the essential character of the neighborhood. The subject house is located in a neighborhood consisting ofone-level ramblers and split-level homes similar to the petitioner's home, with a smattering of two-story homes. Although this proposed addition would alter the exterior look of the dwelling from asplit-level to a two-story residence, it appeazs that the addition would be a positive investment and would likelynot have an adverse impact on adjacent properties. The granting of this variance would be consistent with the City's Comprehensive Plan, which encourages reinvestment in existing single family residences. Building setbacks are established to provide adequate space, light, and air, as well as safety from fire and for aesthetic reasons. The City has established side yard setbacks in the "R-3" zoning. district based upon abutting uses and their impact to adjacent properties. The proposed variance request will not alter the existing setbacks, but it will change the abutting uses by creating additional living space above the converted gazage. It should be noted that a dwelling unit may have dwelling space constructed above or behind an attached gazage that may be located 5 feet from the side property line. During the 2008 variance request, the petitioner indicated that existing structures and landscaping on the property has limited their. ability to construct an addition that would meet the required setbacks. It would appeaz that this condition continues to exist. Lovelace added that the City Building Official does have some concerns related to the converted garage, which has not been given a Certificate of Occupancy (CO) as of yet. There aze some outstanding issues related to the construction of that conversion. The Building Official suggested that if the Planning Commission approved the second story addition, that the City would not issue a building pernut for the second story until a CO has been issued for the first floor. Lovelace asked if the Commission had any comments or questions. Chair Churchill asked if the Planning Commission is supposed to be looking for a hardship when considering variances. Lovelace responded that is correct. Chair Churchill asked what the hardship is on this variance. Lovelace responded that the variance request does not meet the hazdship test; however, granting of this variance would not alter the essential character of the neighborhood. That could be a condition for granting a variance. Chair Churchill asked for the distance between the subject house and the home next door. Lovelace replied there would be roughly 15 feet between the two walls. The proposal calls for an overhang on the second floor, which would extend beyond the first floor. Mr. Kustermann submitted a drawing that the wall would be flush with the lower level, which was one of the conditions of the recommendation. Typically a 30" overhang is allowed into the 5-foot side yard setback.' S:Aplanning~PLANCOMM~2009 agenda & minutesV060309m.doc Commissioner Schindler said that because the City Council granted the variance of the fast level, he is in favor of the second level following the same guidelines. He would not be in favor of extending anything out farther. He stated that he does not have an issue with this request. Chair Churchill hearing no further comments from the Commission asked the petitioner if he would like to add anything. Paul Kustermann, 929 Duchess Lane, said that because of the number of corrections on the first level, he took a look at finishing the second level in conjunction with work on the first level. So the two projects would be done as a whole. Commissioner Alwin stated that he is concerned with the variance when there are outstanding issues on the first project and it has not been completed. He stated that he is in favor of recommending that all the open issues on the current permit be satisfied before a new permit is issued for additional work Commissioner Blundetto asked Mr. Kustermann if he would have to tear that project up in order to put the addition on, which would cause him to not be able to obtain a CO. Mr. Kustermann replied yes, the construction has already begun. Commissioner Blundetto stated that the petitioner will not have a livable space while constructing the addition so it's not realistic to expect them to get a CO, then teaz it up and obtain another CO. He stated that that is an unrealistic condition to impose upon the applicant. It appears that the building inspector has access to the property and the applicant will need to get a CO for the entire project. Comrissioner Alwin stated that instead of requiring a Certificate of Occupancy, the condition should focus on remediation as part of the plan approval process for the new addition. Chair Churchill stated that she would like to include a condition that states that no building permit shall be issued until City staff is assured that problems related to the original conversion are being adequately addressed such that the Certificate of Occupancy can be issued when work is completed on the entire project. That would give City staff authorization to work with the petitioner in a way that makes best sense. Lovelace stated he believes that condition will satisfy the Building Official. Chair Churchill told the petitioner the condition would allow him to work through the permit process and the inspection process in a way that makes the most sense. Mr. Kustermann stated that is a fair condition. Chair Churchill hearing no fisher comments asked for a motion. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, to recommend approval of a variance of 5 feet from the required minimum building setback of 10 feet for a dwelling in the "R-3" (Single Family Residential) zoning district to allow for the construction of a 14 ft. x 24.5 ft. second story building addition above the existing converted garage at 929 Duchess Lane due to the following: S:\planning\PLANCOMM\2009 agenda & minutes\060309mdoc 1) The granting of the variance will not alter the general character of the locality. Approval of this variance shall be subject to the following conditions: 1) A building permit shall be obtained and all necessary requirements of the building pernut process shall be adhered to. 2) The second story wall shall be flush with the existing first floor wall located adjacent to the side yard. 3) The roof cave shall be allowed to encroach up to 30 inches into the 5-foot side yard setback azea, as established by approval of this variance. 4) No building permit shall be issued until City staff is assured that problems related to the original conversion are being adequately addressed such that the Certificate of Occupancy can be issued when work is completed on the entire project. The motion carried 6-0. 7. OTHER BUSINESS A. Review of the Upcoming Schedule and other Updates Community Development Director Bruce Nordquist stated that there are no updates at this time. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Churchill asked for a motion to adjourn. MOTION: Commissioner Blundetto moved, seconded by Commissioner Alwin, to adjourn the meeting at 7:28 p.m. The motion carried 6-0. S:\planning\PLANCOMM\2009 agenda & minutes\060309mdoc