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HomeMy WebLinkAbout06/16/2004CITY OF APPLE VALLEY PLANNING COMMISSION MINiJTE5 JUNE 16, 2004 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Vice Chair Jeannine Churchill at 7:00 p.m. Members Present: Jeannine Churchill, David Schindler, Alan Duff, Tim Burke, and Tom Melander Members Absent: Karen Edgeton and Jim Hadley Staff Present: City Planner Tom Lovelace, City Attorney Bob Bauer, Associate City Planner Margaret Dykes, and Assistant City Engineer Jacob Fick. 2. APPROVAL OF AGENDA Vice Chair Churchill asked if there were any changes to the Agenda. City Planner Tom Lovelace made the following amendments to the Agenda: Item S.A. Home. Depot CUP -Consideration of a Conditional Use Permit to Allow for Outdoor Storage, was withdrawn by the Petitioner. Item 6.A. American Legion Post #1776 CUP -Consideration of a Conditional Use Permit to Allow a Recreational Structure in Conjunction with a Private Club, should be listed as Item S.B. under the section titled PUBLIC HEARINGS. MOTION: Commissioner Burke moved, seconded by Melander, to approve the Agenda as amended. The motion carried 5-0. 3. APPROVAL OF MINUTES OF JUNE 2, 2004 Vice Chair Churchill asked if there were any changes to the minutes. Commissioner Duff made the following amendment to the minutes (highlighted in bold print): MOTION: Commissioner Duff moved, seconded by Churchill, to recommend approval of the ordinance regulating swisnxning pools with the following amendments: MOTION: Commissioner Duff moved, seconded by Schindler, to approve the minutes of the June 2, 2004, meeting as amended. The motion carved 4-0. Commissioner Burke abstained. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS A. Home Depot CUP -Consideration of a Conditional Use Permit to Allow for Outdoor Storage Withdrawn by the Petitioner. B. American Legion Post #1776 CUP -Consideration of a Conditional Use Permit to Allow a Recreational Structure in Conjunction with a Private Club Vice Chair Churchill opened the public hearing with the standard comments. City Planner Tom Lovelace presented the request from the Apple Valley American Legion Post #1776 for a conditional use permit to construct a 1,944 sq. ft. (36' x 54') open air pavilion. The conditional use permit would be required to meet all of the conditions set forth in Section 155.092(L) of the City Code. The structure would be located in the southeast comer of the property located at 14521 Granada Avenue. Lovelace reported the Apple Valley American Legion currently conducts its operations on six lots. The pavilion would be constructed on the most southeasterly of the six lots, south of the Legion's building. The City Code does not allow for the construction of an accessory structure on a lot when a primary use does not exist. Lovelace has informed the petitioner of the need to consolidate the six lots in order to make the primary building and pavilion on one lot. Issuance of a permit for the pavilion would be contingent upon completion of the replat. One Chinese Elm and two cottonwood trees are proposed to be removed as part of the pavilion construction. The trees represent less than 10% of the total number of diameter inches of trees, therefore no replacement would be necessary. A landscape plan was also submitted with the proposed plan. The petitioner will be required to install approximately $500 worth of landscaping. A planting bid list should be submitted to the City for review and approval. The property has frontage along local streets in which the City permits on-street parking. It appears that additional parking will not be needed for the pavilion. A nine-foot pathway would be constructed from the parking lot north to the pavilion. This would require the removal of one parking space which staff has identified in the plan. The lost parking space should be striped to indicate no parking. Lovelace stated that although it is the policy of the Planning Commission not to act on an item the same night as its public hearing, staff is requesting the Commission act on this item with the conditions outlined in his report if there are no adverse comments or questions from the Planning Commission or the public. Vice Chair Churchill asked if anyone from the public had any comments and if so, they may address them at this time. No comments were received from the public. Vice Chair Churchill asked if Planning Commission members had any comments or questions. No comments were received. Vice Chair Churchill closed the public hearing with the standard remarks. MOTION: Commissioner Burke moved, seconded by Duff, to recommend approval of a conditional use permit to allow for the construction of a 36' x 54' pavilion at 14521 Granada Avenue, subject to the following conditions: • Consolidation of Lots 11-16, Block 2, VALLEY COMMERCIAL PARK 2Nn ADDITION, into one lot. • The construction and ongoing use of the open air pavilion shall be in compliance with all conditions set forth in Section 155.203(L). • Approval of landscaping by the Natural Resources Coordinator. • Striping of pazking space directly north of the pavilion pathway. The motion carried 5-0. 6. LAND USE/ACTION ITEMS A. Height Variance -Consideration of a Variance from the Maximum Residential Height Requirement of 35 Feet to Allow the Construction of a Single Family Home Associate City Planner Margaret Dykes presented the request from McDevitt Homes for a variance to increase the height of asingle-family residence from35 feet to 40 feet. The home site is located at 12518 Empress Court. The property is zoned "R-3" (Residential single family, minimum lot 11,000 sq. ft.), which requires that no one side of a single family residence be taller than 35 feet as measured from grade. Dykes reported the rear (east) elevation of the house has a height of 40 feet from grade. The proposed home measures 31.5 feet from grade on the front (west) elevation and the side elevations (north and south) meet the 35 feet height requirement. The house complies with all setbacks. The purpose of a maximum building height of 35 feet for a single family home is to maintain the residential character of a neighborhood. The height limit of 35 feet from grade for a building on a flat piece of land would maintain the residential character of that house. However, if the house is constructed on a sloping piece of land crating awalk-out or atuck-under, it becomes difficult for the house to comply with the height limit on the elevation where the walk-out or tuck-under is located. Dykes stated that the topography of the site makes it difficult to construct the house without a variance. There is an approximate 8.5 foot difference between the top of the existing grade at the front of the proposed house and the grade at the reaz of the house. In addition, there are significant slopes on the site and the applicant has stated that he cannot change the grades on the site due to an exiting stonnwater pond easement. In order to grant a variance, the City must find "special conditions applying to the structure or land in question are particular to such property, or immediately adjoining property; ..." It is staff's opinion that because of the steep slopes on which the house is to be built and the existing stormwater ponds, it would create a hardship for the applicant for the applicant to comply with the zoning ordinance regarding the required building height on the east elevation. Therefore, staff is recommending approval of the request for height variance based upon the hardship created by the exiting slopes on the site and the proximity of an existing stormwater pond. Vice Chair Churchill asked if there were any questions or comments from the Commission. Commissioner Melander commented that the Seasons on the Pazk project is a lovely addition to the City and the developers have done a great job given the topography of the land. MOTION: Commissioner Duff moved, seconded by Schindler, to recommend approval of a variance for asingle-family residence located at 12518 Empress Ccourt to exceed the maximum building height of 35 feet to a height of 40 feet, as measured from grade due to steep slopes on the site and an existing stormwater pond, subject to compliance with all applicable City codes. The motion carried 5-0. In relation to this request, Dykes reported that this is the sixth request that staff has processed this year for a variance to the building height requirement. It is likely there are other houses in the City where similar topographical circumstances exist who do not have variances to exceed the maximum height. Dykes recommended that the Planning Commission direct staff to begin drafting language for an ordinance amendment to address this issue. The Commission agreed and directed staff to begin the process of dralling an amended ordinance. OTHER BUSINESS None 8. ADJOURNMENT MOTION: Commissioner Burke moved, seconded by Duff, to adjourn the meeting at 7:21 p.m.