CCP 05-25-2010 - Laserfiche WebLink

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Approved PLANNING COMMISSION PROCEEDINGS Regular Meeting —ApaR 20, 2010 7:00 p.m. Present Commissioners Bruce Howard lames Alvey, Verne McPherson, Steve Danger, Paul Zisla and Erin Nichols-Matkabi Absent: Commissioner Norm Schiled Also Present David Phillips-Ccumil Member, Janice Gure tach -City Plarmer, and Katie BtunoAffice Assistant. Agenda Review: Commissioner Howard requested adding item Number 7, "Comments" and Number 8 "Adjourn", with that, the Agenda was approved. Minutes: Minutes from March 16, 2010 were presented and approved. Council Action: Council Member Phillips reported he and Mayor Jacobsen attended a Risk Management Conference through the League of Alumni Cities. A multi jurisdiction meeting was attended at the City of Arden Hills related to the TCAAP site. Approximately 428 acres will be auctioned. The Councilamendedtlre20lObudgetreducingthetotalbudgetby5220,000. Council continues b work on We 2010 and the 2011 budgets. The state has passed a Jobs Bill, allowing cities to use ex" TIF funds fiom 2010 and 2011, provided the use oftbose foods result in an stand construction project Council authorized staff to produce a PSA regarding Emerald Ash Borer. Town Hall will also host a presentation related to Emend Ash Borm Public Hearing: 1. David & Susan Hcel request consideration of a Noncommittal; Use Permit and Special Use Permit to permit construction of an enclosed front entry wiWir the required 30' front yard setback at 273819th Terrace NW. The applicants are requesting consideration of a Special Use Permit and a Nonconforming Use Permit to Permit concoction of an enclosed front entry within the required 30' front yard setback. The proposed front entry would maintain a 25' setback and measure Yin depth and 12' 3" in length. The Special Use Permit process allows a 6' encroachment or a 24' front yard setback. Additionally, a Nonconforming Use Permit is necessary as the commit survey depicts a 4' side yard setback at the northwest comer of the existing home. Bemause 5' mrnmlly is required, the applicant must obtain a Nonconforming Use Permit in order to Proceed with the addition. Staff has been working with the applicants for several months on this request. It was initially thought Naz a Variance would be required as the applicant intended to construct enclosed space within the front yard setback. However resevch of city fides confirmed that the special use allowance in Zoning Code Sewn 4-040 (3) (B) allows for front carry encroachments to be fully enclosed. lastly, only after obtaining a survey was it known that a nonconforming setback exists, warranting consideration of a Nonconforming Use Permit. The recommendation is for the City Council to approve the request, subject to the following conditions: • The applicant may revise the plans to allow for a 24' setback, maximizing the allowed setback encroachment of 6'.