CCP 08-24-2010 - Laserfiche WebLink

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Approved Chair Howard opened the Public Hearing. The applicant, Jeff Van Der Wal 1847 15`h Ave NW introduced himself. Commissioner Schiferl inquired as to how a vehicle could access the garage if needed. Mr. Van Der Wal explained that while it is not his intent to use it to park a car, he has between 8.2 and 9.2 feet on the side of his property that would allow vehicle access to the garage. Commissioner Schiferl questioned of landscaping should be addressed, primarily for the winter months. Mr. Van Der Wal reported he has spoken to his neighbors, and they did not express concern. Motion by Commissioner Schiferl, seconded by Commissioner Danger to close the Public Hearing. Approved 7-0, Public Hearing closed. Commissioner Zisla reported he recalls concern expressed with the size of the structure, and the setback requirements. City Planner Gundlach reported the setback meets the 50' setback required by the Rice Creek Watershed District (based on DNR regulations) for principal structures. Commissioner Danger questioned the criteria to be met in order to approve the Special Use Permit request. City Planner Gundlach explained the criteria requirements, and explained if the required conditions are met, an approval is obtained. Commissioner Danger asked for clarification between a Special Use Permit and a Variance. City Planner Gundlach explained a variance is when an applicant wants to do something that is not in compliance with the code. This request is considered a Special Use Permit based on the request for the size of and the intended use of the building. Commissioner McPherson questioned if the applicant could build two 624 square foot structures. Ms. Gundlach confirmed he could, as the code permits multiple accessory structures on a site. Commissioner McPherson questioned the total height of the structure. Commissioner Danger stated with a ten foot side wall, the peak would be about 17 feet. Commissioner Schiferl stated his questions have been answered and motioned approval. Motion by Commissioner Schiferl, seconded by Commissioner Nichols-Matkaiti to approve Staff recommendation to approve the Special Use Permit with the following conditions: 1) The applicant agrees not to conduct a home occupation within the garage structure. 2) The exterior materials are consistent with the existing detached garage structure and compliment the home. Further Discussion: Commissioner Zisla questioned if there was further discussion related to the size of the structure at that particular location. Commissioner McPherson stated that while the structure is well screened from the neighbors; it is not well screened form the lake, and suggested more screening be required on the lake side. Commission Nichols-Matkaiti stated that while she is not in favor of the size of the structure, she sees no reason to deny the request. Commissioner Zisla suggested if the Commission feels the size overwhelms the area, requirements could be imposed. Commissioner Danger stated the while currently the neighbors are in favor of the request, future residents could feel different, or change current landscaping that offers screening. Commissioner McPherson suggested requiring screening on the east side (lake side) of the building. Commissioner Danger noted if the trees on the south side of the property were removed, the screening would be gone. Commissioner Zisla suggested a condition could be added to substitute the screening on the south side in the event the trees are removed.