2018.03.27 CC Minutes - Laserfiche WebLink

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March 27, 2018 Page 7 of the requests being made were to construct a garage in excess of 624 square feet and also to permit tl(xxlpUn alterations by adding fill to the 100 -year floodplain, including providing.an equal amount of new flood storage. The main issues discussed were about the use of the home as a rental and that the proposed garage blocks the neighbor's view of the channel and lake. She noted the new garage would be used for personal storage and not commercial activities. She reported the garage would have a pitched roof and the building materials would match the home. She explained the Planning Commission heard this request at their February 20'" and March 20" meetings. She indicated the Commission appro. ed the request noting all Special Use Permit standards were being met, no Zoning or City Code standards exist that protect view sheds across private property, no private easements exist protecting the neighbors view, a 2006 code amendment aimed at protecting views was not supported by the public, Commission or County, and the applicant can't be forced to move the garage to a different location because all standards are being met. Councilmember Jacobsen asked if the water ponding concerns raised by Ms. Storla will be addressed by the Rice Creek Watershed District. Assistant Community Assets and I )evelopment/Planning Director Gundlach noted water was pooling all over the City at this time as a function of snow melting and the ground thawing. She explained the proposed garage had an 11 to 12 -foot setback from Ms. Storla's property line and noted only a five-foot setback was required per City Code. She indicated the City would ensure swales were created along the property lines prior to issuing a building permit. Couticil mmemher Allen asked when the City required a grading plan to be submitted for a project. Assistant Community Assets and DevelopmerWPlanning Director Gundlach stated upon first reviewing this request staff did not require a grading plan, however she noted a grading plan would be required at the building permit phase. Mayor Johnson stated this was a tough case for the Council to review. Counciinmember Burg commented the applicant was following all of the City's rules and was allowed to building on his property. She asked if the applicant had considered any other locations on his property for the new garage. Tim Miller, 1244 Long Lake Road, explained the proposed location would allow him to properly access to garage from Long Lake Road. He noted Ms. Storla only has a view of the lake and channel two months out of the year. He discussed the location of an existing retaining wall with the Council. Councilmember Burg stated she would have to support this request due to the fact Mr. Miller was asking to build something on his property that followed City Code requirements. Councilmernber Allen agreed with this comment and stating the applicant has met all of the City's corKWons for the request. Mayor Johnson thanked Mr. Miller for working with his neighbor and for moving the proposed garage slightly. She noted Mr. Miller was well within his rights and was following City Code lx clui l�li�clmts. City Manager Lotter stated after conferring with the City Attorney he noted this vote would require 4/5's of the City Council to vote in support of the request in order to pass. CUUIIC11menib l- Burg questioned if the City Council had any reason to not support the request City Manager Lotter commented a vote against this request would violate the City's Zoning Code given the fact the request was in cotnplkuice with City Code. He explained the property owner had the right to enjoy his property in the requested manner. He commented there was no legal reason to deny the request and should the vote fail, the City could be sued and would likely lose the case. 4 Ayes, 0 Nays -Motion Carried Commission Liaison „Reports, Announcements and Updates Dean Lotter City Manager Lotter reported Metro Cities would be holding their annual meeting at the Como Park Observatory on Thursday, April 19th. He stated the City's Open House would be held on Saturday, May 5th at the New Brighton Community Center and would begin at 8:00 a.m. Graeme Allen Councilmember Allen thanked everyone that attended the March 22nd neighborhood meeting at Commission Liaison Reports, Announcements and Updates