2016.08.16 PC Minutes - Laserfiche WebLink

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3 Chairperson Nichols-Matkaiti questioned why this property does not have an address. Planning Director Gundlach was uncertain. She explained when the property was developed it was with the Armstrong property and a building was never placed on the site. She anticipated the address would be 589 1st Street SW. Councilmember Jacobsen inquired if the property had enough real estate to support 30 trees and 60 shrubs. Commissioner McPherson expressed concern with trees being planted too closely along the railroad noting that these trees may have to be removed in the future. Planning Director Gundlach stated the property had a forty- foot front yard setback that would allow for a large number of plantings. She recommended the applicant create a landscape plan in order for this to be reviewed further by staff. Commissioner McPherson asked if plantings could be placed in the 100-year flood plain along the southern property line. Planning Director Gundlach reported this could occur noting the soil conditions would be more wet. Brian Houman, architect for the project, thanked staff for the thorough report. He stated he supported staff’s recommendation at this point. Motion by Commissioner McPherson, seconded by Commissioner Miwa to close the Public Hearing. Approved 4-0. Motion by Commissioner McPherson, seconded by Commissioner Miwa, to approve staff recommendation adding Condition 12 stating: The applicant shall put in place a fence or other permanent marker at the 50-foot ordinary high water level setback of Jones Lake to prevent the storage from growing into the setback over time. Approved 4-0. (B) The City of New Brighton requests adoption of an Ordinance opting out of subdivision 9 of Minnesota Statutes, Section 462.3593 which permits Temporary Family Health Care Dwellings. Planning Director Janice Gundlach reported the City of New Brighton is requesting consideration of Ordinance No. 845 opting out of Subdivision 9 of Minnesota Statutes Section 462.3593, which permits temporary family health care dwellings. This request is unique in the sense that the ordinance will not alter the City’s Zoning Code; rather it will document the City’s legislative right to opt out of a law established by Subdivision 9 of Minnesota Statues Section 462.3593, signed into law on May 12, 2016. Because this law is deemed a zoning matter, the City Attorney’s office is recommending the City follow the normal zoning procedures for approval, including holding a public hearing at the Planning Commission following proper notice in the official City newspaper. Planning Director Gundlach stated this issue was presented to the City Council during a work session on July 26th. The City Council directed staff to process the opt-out ordinance via the Planning Commission. Additionally, Council’s direction included the Commission studying an alternative permit that would accommodate a temporary health care dwelling use. This direction included examining what additional conditions (other than those written into State law) would need to be included so as to protect local zoning concerns.