2 Variance SaatzerC1TYOF
CHANHASSEN
Alilallkmlm
Phone= 952.227.1100
Fa: 952227.1110
lV~.MORANDUM
TO:
FROM:
DAT~
SUBJ':
Teresa B~, Public W_,~-k~ DLrcctadCity Bn~
cit
Saalzar Variance Appeal - Variance Pile No. 2003-1
kkk]l W
Fm3m: ~ :~'/.11,40
Fax: 95222"/.1110
Ptaldll &
KlllaJ Rmllr~ll
~ ~ :~'.1130
F~x: ~;~ ~7.1110
I~ ~52227.1125
Fmc 952.227.1110
REnU'EST
The applicant, Rcm Saawc~, i. aPt)ea~g the Plam~g Commission's d~Li~ of a
vafia~e for a second driveway accc~ on hi~ lot at 9450 Fox~ord Road.
BA(~KGROUND
Thc home and original driveway off of Foxford Road were con~x~t~! in 1989.
The ~xmd driveway, for which thc vazhmee is ~ wa~ con~ in th~
fall of 2002.
On Jamm.ry 21, 2003, tbe ~ Plaxming Cornmi~ion d~lied tho vl~:ianco
request (~e attae&ed me~ing minute).
DISCUSSION
The a~pUcant lure ~ that the ~oond drivcway'wa~ con~ a~ a mn~t~ of
convenience. The original driveway, in thc applicant's opinion, is long and
difficult to ba~k out of at night
Staff believes the~ are other optiotm t~ thc ~amd driveway vafi~mce. Th~
~~t ~d ~~ a I~ ~ay w fie ~k ~ ~ ~ ~
~way ~ ~ ~ ~ ~ of ~ 1~ ~ wo~d ~ ~ m~ of
~ ~ ~ ~c ~g w~ ~ no ~ ~ng ~ w~ w~ ~c f~
~ ~ns~ ~ ~c ~ ~way.
By simply paving a ~ tm'naround area in front of the garage, the problem with
backing down thc long driveway could be averted. In nddltion, the applicant
could add som~ landscaping or cl~cor~ve lighting along the drive'~,ey:;~g~,.,l~lll~:r4~t:~hhiG
illuminate it at night ~ ~ _
RECOMMF..NDATION R~.~m ~1o. _
Staff recommends that the Cit7 Council adopt the following motion: ~ _~__~4~
Teresa Burgess
4,2oo
"The City Council denies vsriance #2/E3-1 to allow a second driveway on
property loc. sled at 9450 Foxford Road based on the findings of fact in the staff
report and orders the removal of the second driveway and to rev¢l~etate the area
by June 30, 2003."
If the va_dance is approved, staff would recommend that the second driveway
comply with the current City Code (20-1122c) hard surface requir~nm~. Also, a
r~vised as-built survey should be submitted which shows accurate elevation data.
This survey would be reviewed by staff to de~--,ine the need for a storm culvert
or other dmina measures.
jms
Attachmmlt: 1. Staffl'~ort.
2. Plamaing Commission lv~tuute~ rlnt,-d 1/21/03.
Bob Generous, Senior Planner
Ron Snn*wr, 9450 Foxford Road
PC DATE: 1/21KB
CCDATE: 2lilY03
REVIEW DEADLINE: 60 Day~ from
6'~o~i~ (2/13/09)
CASE ~. 2003-1 VAR
BT. Saam
PROPOSAL:
LOCATION:
APPLICANT:
Request for a variance to allow a second driveway.
9450 Poxfurd Road
Ron Saatzex
9450 Poxford Road
Chanhzsa~ MN 55317
PRESENT ZONING:
ACREAGE:
DENSITY:
ADJACENT ZONING
WATER AND SEWER:
PHYSICAL CHARACTER:
RR, Rural Residential
2.74 sa'es
N/A
N:
$:
E:
W:
R1L Runfl Rez/~; Single-Family ~:rme
RIL Single-Family ~
RIL Singl~Fma'tily Home
R1L Single-Fm~ily Home
Not available to the site; ou~ide the MUSA
Saatzcr Variance//2003-1
January 14, 2003
Page 2
APPLICABLE REGULATIONS
Section 20-1122(c) of the zoning oniinan~ ~ ~ outsid~ of the M,~ropolitan Urban
S~'vices Ama (MUSA) to have driveways that ,ne ~ with bituminous, ~ or othe~
hard surface material from the edge of the existing paved roadway to the property line.
Section 26-1122(h) ~ that one drive~,'ay is allowed per resJ.~ lot.
BACKGROUND
The property is a single family lot located in the Lake Riley Woods d~elopment in southeast
Chanhass~ on the south side of Lake Riley.
The home and original driveway off of Foxford Road were co~ in 1989. The second
ddveway, for which the varian~ is rexiuested, was constructed in thc fall of 2002. The original
bituminous driveway com~s out from the front of the house and is clearly visible from Foxf-ord
Road. The second driveway has a gravel surface and comes off the north s/de of the
garageYdriveway. Th~ second driveway was consmicted through an area oftr",,,~ and bru.h. It is
approximately 10 to 12 feet wide.
Saatzer Variance g2003-1
January 14, 2003
Page 3
The applicant has ~tst~-A thai th8 8~,ond dl'iv~way was c, oils~ as a r~stt~r of convenience.
The original driveway, in the applicant's opinion, is long and difficult to ba~k out of at night.
The second driveway, when combined with the original, provides a homeahoe-type configuration
for the applicant.
The applicant has indicated that, if the variance is granted, he will cor~. ly with the hard sudace
requirement for the portion of the driveway within the ri~ht-of-way.
ANALYSIS
Site Characteristics
While not shown on the submitted survey, there is a small 3- to 4-foot high retaining wall along
the north side of the original driveway. This wall is 50-80 feet away from the house. The site
has very minor grade changes without any significant slopes.
As previously mentioned, the~e is a group of trees and bruah in the m-ea where the second
driveway connects with Eastwood Court. Due to the large amount of trees and brush, cars
entering the street in this area can be hard to see. This is especially true in the summer and fall
months when trees are fully foliatecC
O!)tions
Thea'e are other options to the second driveway variance. The applicant could construct a loop
driveway to tie back in with the original driveway in the front yard area of the lot. This would
requir~ some r~grading of the area around the retaining wall, but no more grading than what was
done for the construction of the second driveway. Due to the large lot size, the amount of
impervious or hard surface covera~ on the lot is not a problem.
By simply paving a larger turnarotmd area in front of the Ipm~, the problem with backing down
the long driveway could be avertecL In addition, the applicant could ,rld some landscaping or
decorative lighting along the driveway to help illuminat~ it at night.
Reasonable Use
The reasonable use of the property is not ~ed by the lite~al enforcement of the zoning
ordinance. The property owner's original driveway meets the current design requ/rements of the
City ordinance. A reasonable use is defnl~l as the use made by a majodty of eo _mpambl~
_ _mx)pe~v_ within 500 feet. A "use" can be defined as "the purpose or activity for which land or
maintained." In this case, because it is in a RR zoning district, a reasonab/e use/s a s/ng/e
fam//y home w/th a two-sta//garage~ The owner has a reasonable use of the propegty.
S~r Variance #2003-I
Sanuary 14, 2003
Pa~e 4
A variance is ~ when a hardship is present Thai is, the property owner cannot make a
reasonable use of the site without relief from the ordinance. In this ~ the owner has other
options available which do not mtuire a vafiancc.
If thc variance is approved, staff'would recxmm~ that the second driveway comply with the
current City Code (20-1122c) hard mmface requirement. Also, a revis~ a~-buitt survey ahould be
submitted which shows acam~ elevation data. This survey would be r~ed by staff to
determine the need for a storm culvert or other draina~ measures.
The PlanninE Commission shall not ~'ant a variance unle~ they fred the followin~ fa~:
That the lita'al ~ent of this chapter would cause an ~m~_~. hardship. Undue
hardship me, ms that the property camlot be pu~ to reawnable use beca~ of its size,
physical sun~oundin~ shape or topography. Reasonable use includes ause madebya
majority of comparable property ~ 500 feet of it The inte~ of/his provisian is not to
allow a proliferation of variances, but to reco~i?~ that flmre ar~ pre-existi~ standards in
this nd/hbofl~vod. Variances tba~ blend with these pre-~is~ standards wilhout departing
downward from them meet this crite6s.
lqlnding: The literal enforcement of thc ordinance does not create a hardship. In o~
words, being llmited to one driveway acce~ per lot is not a hardship. Stafflook~ at
properties within 500 feet of the applicant's lot and fmmd that there was one pwpegy ouI of
18 thathad a second driveway. Clearly, ~is not amajorityofpropertieswi~i~ 500 f~t
that have the pre-exist~ condition of a second ddv~ay.
bo
The conditions utxm which a petition for a variance is based are not applicable, Emerally, to
other property wi~'~ 6ac same zonin~ cls~fi¢-~/on.
Iqndlng: The conditions upon which this variance is based are applicable to most
properties in the RR zoninE district. Many of the other pwpealies in lhe area have lang
The purpose of ~ ~~ is not based utxm a desi~ to increase the vahe or/ncome
potential ofth~ parcel of lanct
Finding: The variance would allow tho second driveway to remain in place~ The variance
would not be expected to increase the vahe of the property.
SAa~Ter Variance g2003-1
Sanuary 14, 2003
hardship. Additionally, thea~ am other options available which would resolve the peacei~
hardship without a vltfiance.
The granting of th~ vltrian~o will not b~ detfimea~ t~ tho public wrMa~ or injurious to
other hind or i .rnpm~ in the nefighbothood in which the pamel is located.
Finding:. The variance will allow tl~ second driveway to remain in place. If this valance
is approved, a r~vised survey with drainage infom:t~on snrl elevation contot~ ahould b~
submitted and the applicant requinxt to mitiga~ any drainage issues caus~ by the driwway
consmlclion. The only public cleUinzat would be an ~ chance of vdticle accide~
driveway among the tre~.
f.
The proposed variation will not ira?air an adeqn~_- supply of light and air to adjacent
pmtz~ or substantially increase ~o cc~g~s~on of ~he public streets or ~ the dsng~
of file or caclang~ the public safety or substantially ~ or i .ml~ir IxoPetty values
Finding: The proposed variation will not i .repair an adequat~ supply of light and air to
adjacent property or subst~tially hacrea~ the congestion of the public ~treet~. A~ noted
RECO~AT~QN~
"rhe Planning Commission denie~ the variance qf2003-1 to allow a ~cond driveway on the
ixopmy located ~t 9450 FoxfoM Road based on the findings of fact in the staff lZtXm and orders
the removal of the second dri~way and to mvegetate the area by ~ June 30, 2003.
ATTACHMENTS
1. Applicalion and Letter
2. Section 20-1122(c &h), Access and Driveways
3. Public hearing notice and propa'ty owners list
4. 11" x 1T' Survey
CiTY OF CHANHASSEN
69O COULTER DRIVE
CHANHA88EN, MN 55317
DEVELOPMENT REVIEW APPLICATION
Tn ~=PHONE (Day ~e) 9~'9-~o~.-~"/-/1
ADDRESS: ~'""~"f..
TELEPHONE:
Compmhen~ Ptan Amendment
Condflior~ Use Permit Vacation of ROW/Easem~
Interim Use Permit ~ Variance
Non-confomflng Use Permit
Wettand AJteration Permit
Planned Unit Devek)pme~ Zord~ Appeal
Razor,lng Zoning Ord]nanm Amendmenl
s~
Sign F~an Review NoUfk:atlon Sign
A I~t of all pmpe~ ownem within 500 feet of the boundaries of the propmty mu~t be Included with the
Building material aamplee mu.t be .ubmltted wi~ ~te plan revlew~
'Twen~ full size folc~d copies of the ptmm mu~ be m~bmltted, Including an 8V~" X 11" reduced copy of
-i=--; each pbm ~heef..
'* Escrow will be required for othe~ ~q~pllc~tlons through the dev~ contract
TOT, M. ACREAGE
WETLANDS P]:ESENT
I:EQL~E~TED ZONING
~ LAND USE DESIGNATION
REQLr:b"TED LAND USE DESIGNATION
]=i~=ASON FOR THIS REQUEST
A mlm~ofl of completm of fie ap~lcatiofl shall be made within ten b~ _r~__ days of ~ submittal. A wflt/en
notice of applk:a~bn defictem shall be mailed to the applicant within t~n ~ days of a~lk=mJon.
'i'hfs ts to cer~y 1hat ! am making apHlcmlon for the de8crlbed action by the City and tt~ I am respon,~ for complying vdth
al City requirements v~h regard to fils reqtmsL This appllca~ion should be processed In my name and I am the party whom
copy of Owner's ~ ~ of-Title, Abstrm~ of Title or purchase agmemer~., or I am the authodzed ~rson to make
~ Rapa:mbn and the fee owner has also signed this applicatkxL
rny ~,-,:mdedge. ..
The applicant should contact .taft for a copy of the ~ report whk:h will be available on Friday prim' to the meeting.
if not contac-tad, a copy of the report wll] be mailed to the appllcant'a acldree~
· Attachment 2
Sec. 20-1122. Acce~ and driveways.
The purpose of this subsection is t~ provide minimum design criteria, setback and slope
standards for vehicular use. The intent is to r~luce interference with drainage and utility
easements by providing setback standards; redoc~ erosion by requiting a hard surface for
all driveways; to limit the number of driveway access points to public street~ and to direct
drainag~ toward the sheet via e~tablishment of minimum driveway slope standards.
Parkin§ and loading spaces shall have proper access from a public fight-of-way. The
numb~ and width of access drives shall be locaIed to minimiTe traffic congestion and
abnormal traffic hazard. All driveways shall meet the following criteria:
a. Driveways shall be ~-tback at least five (5) feet from the side protx~ lines,
beginning at twenty (20) feet from the front yard setback unle~ an encroachment
agreement is received from the city.
b. Driveway grades shall be a minimum of one-haft of one (0.5) percent and a
maximum grade of ten (10) percent at any point in the driveway.
c. In areas located within the Metropolitan Urban Services Area (MUSA) as identified
on the Comprehensive Plan, driveways shall be surfaced with bituminous, concret~ or
other hard surface mat¢~i_'al, as approved by the city engineer. In areas outsid~ the MUSA,
driveways shall be surfaced from the into'section of the wad through the fight-of-way
portion of the driveway with bituminous, concrete or other hard surface material, as
approved by the city engineer.
d. On comer lots, the minimum comer clearance from the roadway right-of-way line
shall be at least thirty (30) feet to the edge of the driveway.
e. For A-2, RSF, and R-4 residential uses, the width of the driveway access shall not
exceed twenty-four (24) feet at the right-of-way line. No portion of the right-of-way may
be paved except that portion used for the driveway. Inside the pwtxaty line of the site, the
maximum driveway width shall not exceed thirty-six (36) feet. The winimum driveway
width shall not be le~s than ten (10) feet.
L For all other uses, the width of the driveway access shall not exceed thirty-six (36)
feet in width measured at the roadway right-of-way line. No portion of the right-of-way
may be paved except that portion used for the driveway.
g. Driveway setbacks may be reduced subject to the following criteria:
1. The driveway will not interfere with any existing easement; and
2. Shall require an easement encroachmem agreement from the engineering
department; and
/~ ~ Atlachment 2
3. The location of the driveway must be approved by the city engineer to ensur~
thai it will not cause runoff onto adjacent prope~es.
h. One driveway access is allowed from a single resideatial lot to the streeX.
i. A ~d is requfi~ on a driveway entegng onto a stare highway, county road or
collector roadway as designaled in the comprehensive plan, and onto city s~ where
this is deemed nece~ssry by the city engineer, based on trm~c counts, sight distances,
street grades, or other relevant factors. If the engineer require~ a turnaround, this
requirement will be stated on the building pe~miL
j. Separate driveways serving utility facilities ar: permitmd.
(Ord. No. 117, § 1, 1-8-90; Ord. No. 330, § 1, 11-13-01)
NOTICE OF PUBLIC HEARING
CHANHASSEN PLANNING COMMISSION MEETING
TUESDAY, JANUARY 21, 2003 AT 7:00 P.M.
CITY HALL COUNCIL CHAMBERS
7700 MARKET BLVD.
PROPOSAL: Variance for a
Second Driveway
APPLIC,,ANT:
LOCATION:
the put)lb hearing lftrough the following steps:
1. 8taft will give an overview of l~e pmlxmed project.
3. Comnxmts am recelvecl from the public.
City Review Procedure
Subdlvlsions, Planned Unit Developments, Site Plan Reviews, Conditional and Interim
Uses, Wetland Alterations, Rezonlngs, Comprehensive Plan Amendments, Code
Amendments require a public hearing before the Planning Commission. City
ordinances require all property within 500 feet of ~e subject site to be notified of the
application In wrtting. Any Interested party le Invited to attend tim meeting.
The staff prepares a report on the subject application. This report Includes all pertinent
Information and a recommendation. These reports are available by request. At lhe
Planning Commission meeting, staff will give a verbal overview of ~ report and a
recommendation. The item will be opened for the public to speak about the proposal
as a part of ~e hearing process. The Commission will close the public hearing and
discuss the Item and make a recommendation to ~e City Council. The City Council
may reverse, affirm or modify wholly or partly ~e Planning Commission's
recommendation. Rez0nlngs, land use and ocxle amendments take a simple majority
vote of l~e City Council except mzonlnga and land use amendments from residential to
comrnerclal/Industrlal.
Minnesota State Statute 519.99 requires all applications to be processed within 60 days
unless the applicant waives this standard. Some applications due to lhelr complexity
may take several months to complete. Any pemon wishing to follow an item ~rough
the process should check with the Planning Departznent regarding Its status and
scheduling for the City Council meeting.
A neighborhood spokesperson/mpresentatJve is encouraged to provide a contac~ for
the city. Often developers am encouraged to meet with the neighborhood regarding
their proposal. Staff Is also available to review the project with any Interested
person(s).
Because the Planning Commission holds the public hearing, the City Council does not.
Minutes am taken and any correspondence regarding the application will be included In
ltm report to the City Council. If you wish to have somelfllng to be included In the
report, please contact the Planning Staff person named on the notification.
Smooth Feed SheetsTM Use temptate for 5160®
DONALD B & ~ N DEAL
9390 I~XFORD RD
CHANH, I~.~q MN 55317
~-'TEVEN P & ~ R M~
9391 FOXI~RD RD
CHANHA,~EN MN 55317
ROBERT M & TAMMY I O'ROURI~
9410 POXI=ORD RD
CHANHA,~N MN 55317
DOU(tLAS M & IX)RI A RYNDA
9411 FOXFORD RD
CHANHA,.~,~ MN 55317
IOEL N & KATHY R MEYER
9085 165TI-I b~T
CHIPPEWA FALL~WI 54729
~NPOTTS &
KAREN KING-POTTS
9431 FOXI~RD RD
CHANHA~N MN
553i7
ROBERT G & SUSAN I MCCAROER
9450 FOXH3RD RD
CHANHASSEN MN 55317
WAYI~IE A & BONNI~ l I[INION
9451 I:~XFORD RD
~ MN 55317
ffFEVEN R & ~rff J. L SHIPLEY
261 EASTWOOD CT
CHANI-IA~SI~ MN 55317
J'A_MILq S & DARCY D LOFI~ l~R
9471 FOXFORD RD
CHANHA..R,~ MN 55317
W~ J.rAM L & LYNN H STOKKE
241 ~OOD CT
CHANHASSEN MN 55317
SI'EVEN J UMBUSCH &
CHARI,oTrE M ZUMBUSCH
9700 MEADO~ LN
CHANHAS,~ ~ 55317
Wn.T.TAM L & LINDA C JANSEN
240 ~OOD CT
CHANI'L~.~EN ~ 55317
MATTHEW J & CHA~I ~IE M Tl=m I.
9610 MEADO~ ~
CHANHASSEN MN 55317
W~-T.TAM S HENAK &
KRISTll~ AT.T ~
280 EAffI'WOOD CT
CHANI-IAS,~N MN
55317
ffrEVENF&KATI-n-.m~IMBUI~R'~
9591MEADO~LN
CHANHAz~ MN 55317
BRIAN E & TRACY $ Bm J OWS
9470 FOXFORD RD
CI~sNI-IA..~SEN MN 55317
PETE P & JOYCE L PHTER
9490 FOXFORD RD
CHANHAS,~N MN 55317
Address Labels
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DEC 1 9 ?.007.
EXOmr. r~uo OEP'r,
:,UKV,'~J.N~ & ENG1rNEERI'NG CO.
VICTORIA' BUILDERS
.J
CHANItASb-~ PLANNING COMMI~ON
RF_~ULAR MI~TING
JANUARY 21, 2003
Chalrw~ Blackowiak cslled the meeit_ noo to order at 7:00 pan.
MEMBERS PRESENT: Rich Slagie, Uli Sacchet, ~ Blackowiak, and Stye IAllehang
MEMBERS ABSENT: LuAnn Sidney, Bruce Feik and Craig Claybaugh
PUBLIC PRF,,~iNT FOR ALL ITEMS:
PUBLIC __I~ARING:
CONSIDER THE REOUF..~ FOR A VARIANCE FOR A SECOND DRIVEWAY ON
PROPERTY ZONED RR. RURAL RESID~ AND LOCATED At 9450 POXFOR0
ROAD. RON 8AATZER.
Bla~kowlsk. Thank you. Commlssione~, any questions of sta~fight now? Uli, go ahead.
Sacchet: I have one quick question Matt. In the rec, rmm~rl~tlon where you recoumend that this
Saam: Yeah, I'm sorry I didn't memtion that. Ifthevariancei~denied,~it'sf-orthesecond
driveway, we would -a,tltionally ask that the second driveway, since il's already been
8acchet: And rou're astinS t~t t~at would be d~te ~ Atn'il ~
Saam: Yeah, we wanl~ to giw tl~n a timeframe b~amm right now wilh ~ow and ~
groined, obvi~y ~ can't be coming up uutil the sprig thaw.
Saucier: Is April 30~ a n~mmabl~ tim~?
Saam: We could ~ t~t if you wanU~
Sacchea Ijus~ wonder wha~ ti~ ~ioaal~ was.
t,t-lng hold. Tha~ ~ of ~
Blackowiak: Thank you.
Slagle~ Ijustb~md aquickquestio{~lVlm~. Iftl~,au/~ceisnotaplx~w~ibyCity~w/mt
e~d-o~nem do you have, the tools to. ~ ~n I'm not. I don't w~nt an3~c~/y to
m~xt how is/t enforced c{dy I~cause I drove by u Inoa~.,, ~nd I don't n~.an W me~fian which house
it w~ ~ wej~t ~ ~ ~ of~ ~3 nwcmfl~ ago wln~re we
Saam: Yeah, that'sasocd~ rve,,,~,',~tha~questi~~t~. I believe our only
enfomenz~ measures to tam it ov~ to the city n-nannay's of T~e for legal prosecution by
whatever means they use. You lmow we ch~n't employ anybody to go out ami ~ like say
this driveway if the app~ cl~esn't comply. All we e~m do is go through legal meam.
Slagle: Okay. That's all.
Ss~rn' Is that your und~ Bo~ what woukl be dane?
C-eaemus: Yes. Technically violafi~ of the cily code is a mi~lemeanor, and so you could
them.
TJllehaug: Yes I do. We, enclosed in our packet we hav~ a ~ from the applicant nrta my
question with that letter would be to the, he indicated that ~ was contact made with lhe c/ty
and thut someone at the city said they we~ allowed two eatrances. To your knowledge, c~ to
your's Bob, have you guys logged anything as far as this call?
Snum: Ihaven't, andlasked, uma Ran will pwbably get up afler this. Iluik~b{maboutthaL I-~
couldn't remember the mune of the persou he sp~ wi& Now it's possible, this has only been
driveways but it w~sn't part of the c/ty cede, so ff somebody would have called say 3 years ago,
then maybe ~y would have said no, it's not on the books butbe ccmstructed/t last fall and
that was a code then.
Blackowiak: Okay, thankyou. Alright: this imm is open fc~ public teadng. Before we do that,
would the applicant ~x their designee like to rmim a lXeS~,~? ~ come up to the
microphol~. ~ yolir Ba~e unrl .rlt~re~ fi~r the 1'~:0~.
RouSimtzer:. I-~ My name is R/m S~ut'~.~- snd my wife I)enise. Oood evening you guys thst
roughed the cold ~ here. I do huve some pictures ~ I ~ ~ I ~ to l~t you
this driveway, I woulfl tmv~ come in and did this tl~ lXOp~ way. So we apologize~ We just
landscaping snd wl~st have you and when I did make a phcme call to the city, Ihud~ doing
some stuff with Shsrmeem m~d some otb~ Imsiness deve. l~ inthe city of(Rum, and I
recall who I spoke to at the city but I think it w~s a m~v~omuumie~a'cm ~ ~ irnowledg~
that you can hsve two accesses on Foxfcrd ~ _bec~ n~e theze's, I've go~ prubably almost 10
plsnnln_,~ C.~ ...... lsslon M. eetln~ - Jazltlal'y 21.2003
hav~ 4 little ~ts and backin~ thin~ om ~ ~ ~t th~ ~ of Fo~m-d fight h~ t~, is kind
Of S downhill road cornin_,o this wa), alid we hsv~ a ~ to b~ bar,]~ out h~r~ alld people
easier way f~r us to kind of purl in and pull right oak The~'s ~mly what, 3 neighbc~ down here
and ~ dead cad cul-de-sac that we're not r~a.Uy causing much problems to. And aestbeiically I did
with the wa~ draina~ and what haw you. Ami I gu~s you gu~ probably hav~ a copy of th~
letmrtbatlwro~ I know that them' s possibilifie~ that you can do li~hfing and wbat haw yoa. I
think it's a lot ~ fo~ us to b~ able to do that and we ~ trying to maim somefl~g of kind of
Denise S~ec. Not really e. xcept thai just looking at ii, I think it was for im kind of a safety
isst~ fo~ the kids, and ff you see where the road iy:~. k just ~h-~ it ,;,,,.-ler sna safez fc~ us to
come out o~ Eastwood Court which is not as, it's not a ~ way. It doesn't you know,
it's just a cul-de-sac. We did not ta]~ down any r~mr~, big tme~. It was ali kind 'of lxickly
brush and looked li~ nobody had dcs~ anything with you know this whole area that we'v~ kind
of brought up to good ~ as much as we coald l~f~ tl~ fall came, aixl we did hav~
some intentions of you know we're doing some nmre plsnfings srut what not. And again I just
would like to say that Rmmie did make a phone call and I thi~k it was a misuadm'staadi~ of
maybe th~ covemm~ in tb~ nei~bodg~d. But I think if you look at the pho~ and if you were
to go and look and see what we have done, you'd see that it's not really a d~irm~t to anyane,
Blackowialc Okay, thankyou. If you' d lilre to seixi alx:mmt the phoWs so we could just tsla,., a
quick look at them, thst would be aplxeCi~ Before you step down, commissio~rs any
questions? Uli, go ahead.
Sacchet: Yeah, I do have a few questions ~ yom ~ tl~ alt~nafiv~ that staff is looking at
like either a loop around or a turn around. Wouldn't that acco,~otam the safety ~ ,, well?
I:~a~Saam~. W~rdlilmtosay, y~ahitwouldbaw. O~oft~t~w~w~mtr~notto
do was tala-, out bit~ trees, a~l if you w~mto go out c~o the ~ and I don't know ffth~
picah-~ show, but what I can ~ is them are a couple ~ trees in them, and I really
tl~ thomy.
Ron Saatzec. Buckthcra...
D¢~i~ Saat~_~. Stuff and it just r~a~. more seine to do it this way and not knowing that we
mayb~ we~a't supposed m do thls, we rr~a~- the choice based ~n the trees.
Planning CommOn,ion Meetin~ - J~u~ry 2,1.2003
have to back out and then go oot so if you back out the othe~ way and go out, you could atmost
Would that acco ..... ~,t~te the safe~ caucem?
Deaise,Snatzer:. Ithinkit, Iguessit, it'shardtoteJ1. Doyaut~i'nkitwoaldbe?
Roa Saatzer:. I don't know if w~'d have tn.
Sacchet: Yeah, it's hard.
Ran Saatzec....look and see if it's something.
Ran Sn~tv~c_....before we just did it bu~ any more... _re~mmshle thing just to kind of exit it out
that way where it wouldn't be so busy.
Sac, clw, C Now I have one mor~ question now. By the way these pictures really help. You said
you moved in about a year, year nmi a half ago.
Ron $~,,r.,~:. No, wejust moved in this spring.
Deaise S~nt-a~_. May.
Sa~che~ May.
Ron Saatzer:. May.
$~_c~be~: So the call to ci~ would definitely not hav~ been mm'e thsm a year and a hslf ago.
Sacchet: Okay. Okay, that's my questions. Thank you.
Blackowiak: Any otl~r questions?
T~llehaug:. I do have a question, and it would be on the two driveways on Foxfc~l. And maybe if
Ican direct thi~ ~toBob. Iz that allowed, two driveways c~~? Idon'tthlnktlmfs
Saam: No. No. One driveway accel, per lot. Well p~ residential lot is allowed in town.
~ it's Foxford or g-~stwood ix 101. It's one driveway access ~ a public street.
Iillehaug: Okay.
Ron S~nt-,_~. But those w~re granted in b~ffc~ the ~ of us?
Saam: Yeah, F m assuming if they're tim'e, tl~-y w~'~ g~lfaflm~i in...
Ron ,Saalzer:. But time's 10 people on Foxfc~ that have e~a~r tb~ entrance ~r a cir~l~
Blackowiak: I have a question for you, to follow up on that.
actual physical cuts cu-,tn Poxfm'd? I didn't see those.
Ron S.~nt-a~. Correct
Blackowiak
Ron Saatzer:
Blackowialc
Ron
So you mean that they have two
I saw maybe a loop but still back to the single ~trance.
Yeah, I've got the ~ of.
Actually F~stwood Court, add~ss 240 has a driveway plus t~y haw an e~Iram~
going back to the lake per se mayt~ So ~ have a secc~ cut. 9471 Foxford has a circle
driveway, so they acuudly hav~ two cms going down to Poxf~ 9550 h~s a tm-nsxound
driveway, so somehow they did a tm:naround witl~ ~ lot.
Rc~~ Single access, yep. 9511. rmjustkindafgivingyouarundownofwhat.
Blaclwwiak~ Right, because I we~t t~o~o~ and I rually didn't see any that I thought had two
Deaize Ss~o~. I think it's a lot of them, they're tl~ and this time of year maybe, same of the
Ron Saatzer:. Kind of li~ our's.
Ron S~o~. Yeak 9511 ha~ a turnzrotmd. 9570 has two c~rances. 9610 haz two entmnc~.
96~0hss twoen~mces. So ~ I don't know if you guys didn't see th~m buI they'~ ~ I
me.8.~.
~ that I cotfld maybe even have anot~ enUance. I have 3 acres out tlmm ~ I
would just put an entrance somewhere else and put a shed back like everybody else seem~ to have
so I was just eoucem~ about that and that would maybe be another option of having ~hat fight
theresa You lmow aesthetically we have to look at all optiom. Idon'twanttodist~an~
Blackowialc So Matt, do you know timi.S tm any of these other~7 Were they
bef~e?
Saam: Yoah, rm~sumingallofthosewere~. If l could just chrify what we look~
slwhen I mentioned 1 oflS. Ofcourse we onlylook~ st propea~ within 500 f-e~ of Ron's
property. A lot of the addre~es he m~a~tioned I don't have on my list of l~ing ~ 500 fe~
The ~ thing is with the snowfall, if it's not a paved driveway, maybe it's a field
where it's going ove~ gra~ and we couldn't see it thea~ I guess ttm~'s possible th~-a~ could be a
couple nam~ but we l~lly loolaxi for them out th¢~ so,
Ron Saatam:. And you looked, I think you pulled up sddresses in Meadowlm, k which is really not
part of oar neishbartwod. ~lark' s hTl~ on the oth~ side.
Blackowiak: Right, !~I if it's s~ll within the 500 fe~ thst's ~ ~ hsw to, I mean legally we
lmve to look at specific sreas t]~ a~ prescn~
Blackowi~k: Olmy. Rich, any questions?
Slagle: No.
Blackowiak: No? Okay. Thsnkyou.
Rrm Saae,~_. Okay, [~hanir yolL
Blackowiak: This item is open for a public beaten5 so ff anybody would like to speak on this
i~meo please step to the microplmne. Stat~yrmrnan~and~aaress. No'/ I'll close the publk
hearing. Commi~sio~a's, any ~ please.
$1agle: Icanstart. Matt, Ihaveaquesfion, andldan'tlmowifI'mgringtog~tanamw~
tonight but, you know how w~ have these 500 feet, which this is a good examp~ wher~
might not be qtfite as much of an inter~ in ~ what to do lmt~ _toni~oht~ My quesfica is
Planning Commission Meeti%o - January 21, 2003
the~ would k be in your o~inion that some of tho~e we~ just put on ami we just didn't know as
a city?
Saam: Exactly. People not com/ng in to ~ a pe~,,,k maybe far a shed c~, you know who knows
wha~ you were doing thee bu~ a lot of that stnff ~y go~ on so I'm assuming that's
Slagle: Okay. And I apologize i~ I how this almdy but, how did w~ fad out that Ron and his
wife were putting a driveway in?
Saam: I thought you'd ask thaL
Ron Saatzec We'd like to know thnt t4x~
Saam: Actmflly one of the bu/lding inspect/xs, and I dan't know how he forest out abo~ it,
· lertedmetoit. Hewasouttharef-oranotl~rrea~c~ IthinkRc~'sapply/ngforabuild/ng
permit or s4~I~t_hln~ ~ he ~ the ~ driveway and notified o~r deplmment of it and
then we, I think w~ selR R~I a leil~r and gav~ him a call a~d ii wetlt ~ ~
Slagle: Su~ Well I'll close my comments with just th/s ~ You know to the applicants,
obviously it's not just ~ house, it's all homes that we haw to tr~ and adhe~ to our codes
becamm wh~t you've done tas~dully, someone might not do so ts~-ully and be/n a situatic~
wbe~ wow, wha~ do you do? So, lint I will say this. I th/nk ri~oht now ~ I'm lem~n~ towsrd~
granting the variance only became cae, I th~ tha~ was innocence in wha~ ~ Ithink
two, with the neighbc~hood having mnltiple, let's just say, homes that hav~ clone this and maybe
didn't do it quil~ as up fro~ as these folks s~ he~ doing. And I cmly can go back to all the decka
in that ~me developmem off to the east of Powers. Renmxnber those discussions and people w~e
there to apply for variances snrl ndghbc~ had them all over the place and I just ~ we ~
have to go back to those pc~le who have those and never asked far a permit ,nd do someth/ng
with it. Whether it be charge them o~ some. thln~, bec__~-~e I dan't know how ranch arc~h'b/lity we
based ~ our records show no indicafion that fl~ came in and aaked fc~ it. Avadanc~ So
I'm going to have to say that l'm go/rig to grant the variance.
Sacchec Yeah. Well, it'stricky. I mean ~y what we're lcok/ng at he~e h, is it applicable
inthnt m~h~ ~ And if we grant t]~s ~ we'~eNrettynnlah~a
statement th~ it's o]my in ~h~t n~ighlmrhood. Now if you n~Im a s~u-~-~_ t fl~st iI's okay in tim1
and I would think it has to ~,~ to C~y Coun~ w deal with it in t~s~ scope. I mean it's, we have ~
~ofcz~t~rj~thnt w~hnv~.mloo~. One, isltahazdship? Wdl, ttmmisIwettyhighli]ml/ne~
it's a~_ rally pretty clear that tl~re are sImmstlws that would ac~mylish the same thing. The
hardship would be to undo what you'v~ ~y dam That is a hanhhip in itsetf, but that's not
the hardship you're ccmsid~,i,,g. The hardship you have to comid~ tm~ is what's the
applicable to our properties? Now, I think that would be s City Coun~ decision to decide it's
okay in that ~ighb~'hood, and I ckm't know exa~y what the framework would be to anchor
somethln~ lik~ that in, butin te~ns of the framewca~ that I und~siand thst we have as a planning
commission, by looking at the critm'ia we have,, I do believe I need to vote f~r deaying the
variance at this txdnt and would say you can certainly hr~g it to coum:il and see what they do
withit. However, I do th/nk we need, I would not vamt to have that April 30 dal~ in thm~ That
seems awfully harsh in c~ler to aak far re-~ and all that. That would have to be a
reasonable amount of time. A good chunk of summer, half s~ ~ some/hing film that_
Severalmonths. I mean April we would have ba~a'y a manlh to really wark on it Id~n'tth/~
that's maaonab~ It's, I mean the gre-e~fiug type of elemmat is, it see~ Illin there wu a
mi~communicafion and certainly no fault of your's that, wh~re thh entted up. But obvioualy this
It's not like you would have started this when it was still okay. So thaI's my comments.
Bhckowiak: Okay, thank you. Steve.
Lillehaug: One more question before my ~. Thest~plicantindicatedthat~hs~a
larger lot, can he have another driveway because it's a 3 ac~c lot? Wh~ I ~ the codes ths~'s
still not how I understoc~ it.
Sum: No. Notifit'saresidenfiallot. Ifit's, and I' d have to look up the code but l think if it' s
notclusified ulikemralmsiden~ Ifit'slik~agd(mlUn-aldist~t,~~reallowed. That
was one of the discussio~ points when thc code was being ~_~opt~L When ~ part of the code
was bein~adopted. Thc driveway, sono. Bccauseit's amsidenfiallot, on~access.
Lillehaus: Okay, thanks. Well~. Seeingthatm~codewasjustco~.leu~,spedfic
code to llmlt aeeess ccmmal pcfint~ flirecfly W cry streets m a single driveway. And I think this
thh case by limltin~ thi~ access cc~'oL And ff this case were allow~ I th/nk them would be a
proli/e~o~ofaconfinuedvadancesinthi=c~se. SpecificallyIhaveacam~lo~ Iwouldlike
can saf-ely say that. Amt actually I would dmy my own vm'isnce h this case also. Somally
believe that there a~ other options available, ~1 the~'s not an undue ~. Similar m ~
item that we saw at our last meeti~ mgm'ding the city z~questing a variance fcr a lot that they
own. City Council ifthey chooscto go nh~d and grant a va~/ancc, that's within their~eslm of
granting it. They have ~ issues that they have to take a look at. We as a P1mming
C~ ....... ~ssion have to look at specifically city code and wheth~ or not a request mce~ the
that you go ahead to (Tay C. otm~ You have 4 bus/ness days to agpeal so I would ce~ainly, ~
that's something you choose to do, go ahe~ and appeal ~a ami talk to CRy Coundl b~__~-~- they
may, they have a little more leenvay ia saying yea or no than we as a co ...... iasion do~ And Uli, I
agree with you on your date~ April 30a seems ~le and I would suggest June 30a, just
based on the uncertainty of the w~th~'. With that, I'd liim to hav~ a mot/an.
Planning Commi~on Meeting - ~anuary 21, 2O03
Blackowia~ Amotion. Isthereasecand?
Sacchec I sec~ld.
re-vegetate the area by June ~0, 2003. AIl votedin favor,,~','-,pt Slagle who oppmed, ~
the motion esrrled with a vote of 3 to L
Blackowialc And a~ain, talk to Bob specifica~y abo~ how to ~ppeal if yon choose to do so.
Okay? Thank you.
APPROVAL OF MINUTES: None.
Blackowiak: The ones that v~ were submi~ were not ciml~m~aueou~ We had atmady
arpmved those so w~'re just going to sog of ~o ri~ p~t that im~ A~irm~to ~~
because we only have 4 of 7 _commi~ we felt it was i .repentant to have m~re input fc~ such
a very i .m~ d/scussion. So that ~ Code, upda~ will be poNtxmcd ~ntil the l:~m.lary 4n
bDMINIffrRATIVE APPROVAL:
B
Generous: Tbankyon. There' s not really a staff reporC Unfixtmme2ythebe~l~gforthis~ave
a misconception of what we were trying to do. The code allow~ staff to wad: with dewJopers
with the information to let yoa know what was happing out in the community so that you'l~
aware ff someone would talk to yon, well I know what that ~ is and so you're not sart of
surprised whea it tiredly goez forwaxd. This site plan was ac~-,lly approved quite a wMTle ago.
We thlnir it will be a nice building. It's nice to see office industrial ~ ~ m come
this y~ar.
Blackowiak: That's good. Before I ask any c~ ...... i.sioners if they have questions, Bob. This
item then is irlmi of a m~xe or less a courtesy to the Planning _Commlssion just to kind of ~ ~ a
heads up of what's going to happen ~r what ha~ happened administrafi~y so that ff tlm'e am
Generous: RiEhL We want to keep you in the _comrmmiaafion.
Blackowiak: So it's not really an approval I mean we don't have to give any approval. We're
just scat of, it's sort of an ut~am nmm or less~