05-18-2010 - Laserfiche WebLink

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Not Approved PLANNING COMMISSION PROCEEDINGS Regular Meeting—Apel 20, 2010 7:00 p.m Present. Commissioners Bruce Howard lames Aivey, Verne McPherson, Steve Danger, Paul Zisla and Erin Nichols-Matkaiti Absent: Commissioner Nora SChifl Also Presort David Phillips -Council Member, Janice Gudlach-City Planner, and Katie Bmno-Otfice Assistant Agenda Review: Commissioner Howard requested adding into Number 7, `Comments" and Number 8 "Adjoam", with them the Agenda was approved. Minutes: Mwutes from March 16, 2010 was presmted end approved. Counril Action: Comcil Member Plvllipsmeportedheand Mayor JambsmatimdedaRA Managemmt Conferencethroughthe Lmgueof Mwnesota Cities. Amethijunsdictionmeetingwas attended itthe City ofArdm Hells related to the TCAAP site. Apprownately428acreswillbe auctioned. The Council amended tbe 2010 budget reducing the woad budget by $220,000, Council continues to work on the 2010 and the 2011 budgets. The state bas passel a lobs Bill, allowing cities to use extra TIF funds from 2010 and 2011, provided the use of dense fiends result in an armed coustmcdon project. Council militarized staff produce a PSA regarding Emerald Ash Borer. Town Had will also host a presentation related to Emerald Ash Bora. Public Hearing: 1. David & Susan Hoel request consideration of a Nonconforming Use Permit and Special Use Permit in permit construction of an enclosed front miry witilim the required 30' front yard setback at 203817th Terrace NW. The applicators are requesting consideration of a Special Use Permit and a Nonconfomnmmg Use Permit to Parent corvmuction of an enclosed fiont entry within the required 30' front yard smback. The proposed front cony would maintain a 25' setback and measure 5' in depth and 12' 3" in Imgth. The Special Use Permit process allows a 6' encroachment or a 24' Dont yard setback. Additionally, a Nonconforming Use Permit is necesenry as the coram survey depicts a 4' side yard setback at the northwest coma of the existing Mme. Hennes 5' normally is required, the applicant must obtain a Nonconforming Use Pmnit can order w proceed with the addition. Staff has been working with the applicants for several mondms on this r quest. It was malady thought that a Vatimce would be required as the applicant intended to, construct enclosed space within the fiant yard setback. However research of dq files confirmed that the special use allowance in Zming Cade Section 4-040 (3) (B) allows for fmvt entry encroachments w be fully enclosed. Leafy, only aRa obtaining a survey was it known that a nonconforming setback exists, warmmdvg consideration of a Nonconforming Use Permit. The recommendation is for the City Council w approve the rwquesL subject to the following conditions: a The applicant may revise the plans to allow for a 24' sedback, maximizing the allowed setback enemindu rot of 6'.