SUNFISH LAKE PLANNING COMMISSION MEETING
– DECEMBER 20, 2006
7:00 P.M. - ST. ANNE’S EPISCOPAL CHURCH
Attendants:
Chair Tom
Votel
Commissioners: Arnulf Svendsen, Eberhard Bulach and Andrea McCue.
Commissioner
Joanne Wahlstrom arrived at 7:10 p.m
City Planner:
Laurie Shives
City Clerk:
Catherine Iago
and
Members of the General Public.
I.
CALL TO ORDER: Chair Votel opened the meeting at 7:00
p.m.
II.
APPROVE AGENDA: Chair Votel asked if there were any comments
regarding the September 20, 2006 minutes. City Clerk Iago also noted
that the Commission should also consider approval of the Special Meeting
minutes of October 3, 2006.
Commissioner McCue moved to approve the September 20, 2006 Planning
Commission minutes as submitted, seconded by Commissioner Svendsen and
carried 4-0.
Commissioner Svendsen stated he had
reviewed the October 3 minutes and made one minor correction to include
the vote on the Schadegg motion.
Commissioner Svendsen moved to
approve the October 3, 2006 Special Planning Commission meeting minutes
as amended, seconded by Commissioner McCue and carried 4-0.
IV. Public Hearing/Conditional Use Permit: Consideration of a
request for Placement of an Accessory
Structure within the Front Yard at 2
Roanoke Road, Chang Residence.
Planner Shives stated the applicants are
requesting approval of a conditional use permit to allow construction of
an accessory structure within the front yard of their property. She
explained the Zoning Ordinance only allows accessory structure in the
front yard under a CUP and only if topographical or other conditions
indicate that the proposal would not have a detrimental effect on
adjacent properties. She further explained that the site is considered
to be a legal, non-conforming lot of record due to steep slopes and a
low, wet area within the rear yard that decrease the net lot area to
2.25 –acres. She stated the applicants were granted a CUP in April 2000
to construct the existing home on the non-conforming lot and that the
existing home meets all required setbacks.
Commissioner Wahlstrom arrived at 7:10 p.m.
The Planner explained the proposed accessory structure would be located
17 ft. north of the existing home and approximately 150 ft. from the
front property line; as such, the proposed accessory structure would
meet all required setbacks. She advised that the proposed building
would be a 6 ft. by 8 ft. screen house with a small deck off the front.
She also noted that the structure would have an exterior finish
consistent in type of materials and color to the existing home and the
roof would be constructed of asphalt shingles. The applicant is not
proposing to add any lighting as part of the request.
Staff finds the proposed accessory structure to be consistent with
Zoning Ordinance requirements in terms of its size and design. The
planner noted that the proposed structure meets the criteria established
for reviewing and granting a conditional use permit. Staff recommends
approval of the request with the two conditions as listed in the
planning report; 1) that building plans are subject to review and
approval of the City Building Official and a building permit must be
obtained prior to construction and; 2) that the structure shall be
constructed of materials of similar type and quality to the principal
structure.
Commissioner Wahlstrom asked if neighbors were notified and if any
comments were received. Planner Shives responded that notification was
sent to adjacent property owners and no comments or concerns were
received.
Chair Votel asked if there were any further questions from the
Commissioners and hearing no response, he opened the public hearing.
Jeannine Nayes, 5900 Zehnder Road, was present and stated she had no
comments on the matter.
Larry Durand, Landscape Architect for the Chang’s, explained that he was
retained by the property owner to design the structure and to perform
landscaping on the property. He stated the structure was designed to be
similar in nature to the existing home. He noted that the dormers on the
existing contain wood shakes and that the accessory structure would
typify the architectural design of the home. He stated the proposed
structure would not be visible from any adjacent properties since it is
located in an area 18 ft. lower than any surrounding properties.
Chair Votel agreed that the location would not be visible and he also
pointed out that front yard of the parcel is well screened from the
road.
Commissioner McCue asked if electricity would be extended to the
structure. Mr. Durand explained that there is an existing electrical box
near the proposed location; however, he advised the applicant only
proposes low voltage lighting in the area leading to the structure, not
in the building itself.
Chair Votel asked for clarification that
the applicant is proposing only pathway or walkway lighting. Mr. Durand
stated they are planning only walkway lighting and that the lighting
would be wash-type lighting. He also stated that no lighting is planned
for the interior of the structure.
Commissioner Wahlstrom asked Mr. Durand
to define “wash” lighting. Mr. Durand explained it is a low voltage type
lighting that “washes” over landscaping and rocks.
Chair Votel asked if there were any further comments and hearing no
response he closed the public hearing.
Commissioner Svendsen questioned the height of the structure. Mr. Durand
stated it would be 12 feet high.
Commissioner Wahlstrom suggested that the
height be identified on the plans for future reference. Planner Shives
agreed to place the height on the plans submitted.
Commissioner Svendsen asked if the height would meet ordinance
requirements. The Planner explained that the ordinance limits the height
of the structure to 16 feet.
Mr. Durand explained that the structure would be used primarily for
meditation purposes and it would be screened so that the applicant is
not bothered by mosquitoes during the summer months.
Commissioner Bulach explained that he walked the site and suggested that
the applicant’s telephone numbers should be included when information is
sent to the Commissioners; he commented that he preferred to call the
applicant prior to reviewing the site. He stated that the site is
beautiful and has wonderful landscaping. He also agreed that the
structure would not be seen from the road in this location. He supports
the request.
Commissioner McCue moved to approve the Conditional Use Permit with
conditions as listed in the Planner’s report, seconded by Commissioner
Wahlstrom.
In discussion, Planner Shives suggested the height limitation for the
structure also be included as a condition. She suggested the language
for Condition No. 3 read; “The Accessory Structure shall be no higher
than 16 feet as regulated by the Zoning Ordinance.”
Commissioners McCue and Wahlstrom agreed to amend the motion to include
Condition No. 3 as above-stated.
Chair Votel expressed his concern that the landscaping on the property
began prior to a permit being obtained. The Planner explained that a
letter was sent to the property owner advising them that a permit was
necessary and they did obtain a permit for the landscaping in response
to the letter.
Mr. Durand apologized for not requesting a permit and explained he was
unaware it was necessary and that this is the only community he has
worked in that has required a permit for landscaping.
Chair Votel thanked Mr. Durand for the apology but noted that ignorance
it not an excuse. He explained the disappointment of the Commission
since it is their job to be involved and to provide input into the
planning process.
Commissioner Wahlstrom questioned if residents are aware of which
improvements to their property requires a permit.
The Planner explained that in this instance a permit would be required
when a structure exceeds 1,000 sq. ft. or if a property owner adds more
than 50 cubic yards of fill or mulch to their property. She advised that
this case was also discussed by Council and staff prepared information
to be included in the City Newsletter regarding when a permit is
necessary. She further explained that information in the form of a
reference guide is also sent to new residents.
Chair Votel commented that any resident that has constructed a home
within the last few years is aware of what types of projects require
permits. He also noted that Mr. Durand did an excellent job on the
landscaping at this location.
Jeannine Nayes explained that as a new resident she can attest that it
was apparent what was needed after talking to staff and that the
information was easily obtained from the Ordinance. Chair Votel thanked
Ms. Nayes for her comments.
Chair Votel called for a vote on the motion as amended to include
Condition No. 3.
The motion as amended carried unanimously 5-0.
Mr. Durand thanked the Commission.
III. Other Business/New Business:
- Upcoming
Applications. Planner
Shives explained that she had received an application from Mike
Kampmeyer on behalf of Mr. Mager to bring in soil to the Mager
parcel. Commissioner Bulach asked if the applicant would be
stockpiling the soil. The Planner responded yes that it would be
1,000 cubic yards.
Commissioner McCue asked if this is a large parcel. The Planner
explained it is approximately 30-acres.
Commissioner Svendsen asked why the applicant proposes to stockpile
the soil and what type of soil would be placed on the site. The
Planner responded that Mr. Kampmeyer indicated the soil would be
used to create berming for future development. She was not aware
what type of soil would be moved; however, she explained that an
application would be reviewed by staff.
Chair Votel suggested that staff determine if there is precedence
for how long the applicant may stockpile the soil; he suggested the
Planner discuss the matter with the City Attorney and that other
staff members be made aware of the proposal. He questioned if the
request would be predicated on some time-frame for obtaining a
building permit or filing a plat.
The Planner stated she would contact the Attorney and appropriate
staff to discuss the matter.
Planner Shives also explained that Bethel Baptist church has
discussed the possibility of a summer social event for a large group
of people. She advised that no parameters or criteria are included
in the existing Zoning Ordinance to prohibit such an event and that
the current Ordinance allows for “related social events” although it
does not provide any criteria. She noted that she and the Mayor
would be meeting with representatives from the Church to discuss the
event. She explained that the City Attorney suggested Council may
wish to consider a provision in the Ordinance that allows such
events under a CUP and on an interim basis.
Chair Votel stated that an application for the event should require
a public hearing and the criteria should include limiting the number
of attendees.
Commissioner Wahlstrom explained she lives near the church and there
have been outdoor events in the past that were noisy but were closed
by 10:00 p.m.
Chair Votel also suggested that staff research how other cities
handle such events.
The Planner explained that she would keep the Commission informed
regarding this matter.
- Meeting
Dates for 2007. The
Planner explained that she had included the proposed meeting
schedule for 2007 which lists the meeting dates on the third
Wednesday of each month. She advised that Council plans to formally
adopt the schedule at their meeting on January 16, 2007.
Clerk Iago reported that Council did not formally appoint the
Planning Chair at their last meeting and that appointments would be
made on January 16, 2007.
MISCELLANEOUS: Commissioner Bulach asked if the final
blueprint for the Schadegg landscaping plan was approved. Chair
Votel explained it was approved after review by the Planning
Commission on October 3. He stated that he and his neighbor Diana
Kootz walked the property with Mr. Schadegg to express their
concerns. He noted that Mr. Schadegg restored the original large
berm and that both he and his neighbor agreed with the final plan.
Commissioner McCue stated that Council supported the Planning
Commission review of the matter.
Commissioner Bulach commented that the Schadegg’s constructed a
beautiful home, although there were several difficulties associated
with review of the plans.
Chair Votel asked if there were any further items for discussion and
there was no response.
V.
ADJOURN: Commissioner Svendsen moved to adjourn the meeting at
7:45 p.m., seconded by Commissioner Bulach and carried.
Catherine Iago, City
Clerk
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