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1978 07 12 e - - REGULAR PLANNING COMMISSION MEETING JULY 12, 1978 Roman Roos called the meeting to order at 7:30 p.m. with the following members present: Dick Matthews, Les Bridger, Hud Hollenback, Walter Thompson, and Jerry Neher. Mal MacAlpine was absent. MINUTES: Jerry Neher moved to accept the June 28, 1978, Planning Commission minutes as written. Motion seconded by Walter Thompson. The following voted in favor: Roman Roos, Les Bridger, Jerry Neher, Walter Thompson, and Dick Matthews. Hud Hollenback abstained. Motion carried. Walter Thompson moved to note the June 19, 1978, Council minutes. Motion seconded by Les Bridger and unanimously approved. PUBLIC HEARING AMENDMENT TO ORDINANCE 47 PERMITTED USE OF STORAGE SHEDS IN R-1 DISTRICT Roman Roos called the public hearing to order at 7:45 p.m. with the following interested persons present: Leander Kerber, 1620 Arboretum Blvd. Mr. and Mrs. Dean Wallentine, 507 Chan View DeAnn Wal1entine, 507 Chan View Marlene Roufs, 7615 Laredo Drive John Kreger, 7606 Kiowa Raymond Peitz, 7607 Kiowa The purpose of this hearing is to consider the use of storage sheds in the R-l District. Currently a conditional use permit is required to erect a storage shed. The hearing was opened for comments frbmpersons present. Leander Kerber - What happens when you buy a piece of property and there is a shed on it? Bob Waibel - It is considered, right now, non-conforming unless it was in there before February 14, 1972. Marlene Roufs -Are you saying that this is when the ordinance went in was in 1972,so anybody who had a shed in before 1972 what happens then? Bob Waibel - They become an amortizednon~conforming use. A period of 15 years from that date, that has to be dismantled and removed from the property. Dean Wal1entine - I would just as soon see my neighbors lawnmower in a shed as sitting out in the back yard. If he has a decent shed, what's wrong with it? Roman Roos - The zoning ordinance is very explicit in that if you are going to put up a storage shed you will get a conditional use permit.- The conditional use permit presents a fairly heavy administrative load to process it plus the cost to you as a homeowner. There are many of these sheds that have been erected illegally and that's what we are trying to do is to take a look at this ordinance. The public hearing tonight is to get a feel of the audience as to what they think about this situation. We have to look at it from the size of the shed possibly. Do we want to classify a "Sears" storage building as a storage shed? This is what we are trying to weigh. We are trying to get some feelings as to how to handle this situation so that it~. s' not in direct conflict with the zoning ordinance. Whether that calls for an amendment to the zoning ordinance or if we try to put it under some administrative control Planning Commission Meeting July 12, 1978 -2- where the city administrator might have a set of standards that he can judge a storage building. Marlene Roufs - Why'was the ordinance put in in the first place? I .. look out my back yard and I can see like eight or nine ~ sheds and I see nothing wrong with it because they all look very nice and are set toward the back of the lots. Roman Roos - Let's take the extreme opposite, let's take the man who buys the back of a freezer truck. He puts it in the back yard and uses it as a tool shed. Let's take it a step further and let's say it's sitting on lake property and it's blocking your view of the lake. How can you fight that situation? That's what a zoning ordinance is all about. Marlene Roufs - In other words people with decent sheds are being penalized for people who take advantage of sheds. Roman Roos - I would say a law is made for an express reason. The reason being that we have to have some kind of control. Some way of policing that segment. LuAnn Wallentine - Fifteen years ago when we built our home. We have a shed attached to our house. It is wood. We had a building permit. After the tornado came through of course another building permit was required. Are you telling me that we have to take it down in 1987? We have building permits. It is wood and it has a foundation. Hud Hollenback - It mi*ht have to be reviewed. Bob Waibel - The word 'yard" storage shed would mean that it would be detached. Roman Roos - If you had a bui1din? permit then actually it's a part of your dwelling. I don t think you have a problem. That ordinance is directed toward the so-called detached storage shed. We are trying to figure out how to handle this situation so that we have some control but how much control should we exert. Can we put it in a situation where that you can come toeity hall, pay a $35.00 charge to get a conditional use and handle it through that procedure. If that be so then it has to come before the Planning Commission and that's totally absurbed. How else can we handle it, maybe we can set up a set of standards on these buildings and have it controlled by the city administrator so that there is some effective control so that neighbors or anybody else can have some kind of justice if there is something wrong. Dean Wal1entine - Can't there be a value set on what a shed has to be worth before it can be erected? Roman Roos - That's very possible. You can look at sizes, what .it's made out of, maybe that could be one of the standards. e Jack Kreger - I happen to be the fire chief in town. I also have a 15 x 10 foot shed. I feel if I didn't have that shed I would have my junk sitting outside or in the garage. If I had it in the garage I would also have a five gallon can of gas for the lawnmower and one for the snowmobile. I think it would be a fire hazard and I think most people e that put up a shed put it out in the back. If they don't have a garage in the wintertime they are carrying their 1awnmower and stuff in the basement and along with it goes the two gallons of gas. I hope you see fit to permit some kind of shed. e e e Planning Commission Meeting July 12, 1978 -3- I think the ordinance the way it.i~ se~ up righ~ now is ridiculous. The $35.00 in my op:Ln:Lon :LS exceSS:Lve. You are dealing with personal property. In 99% of the cases you are not dealing with real estate. I agree we have to have some sort of control and the ordinance should be aimed at that and not a catch-all. It could get us in the same bind that we who own recreational vehicles are in right now where somebody in the city all of a sudden wants to send out a blanket enforcement of the ordinance. When the thing was originally written as a complaint type of deal. T would say that the three main reasons for dispute over the.existance of these storage sheds seems to be either they become to large for the portion of land that they are on, they obstruct visual distances or sites or they become unduly blemished. Maybe if we set criteria or standards those are they" things we should look at. Hud Hollenback moved to close the public hearing. Motion seconded by Dick Matthews and unanimously approved. Hearing closed at 8:20 p.m. Jerry Neher - Bob Waibel - PUBLIC HEARING FRANK METZIG SUBDIVISION Roman Roos called the public hearing to order at 8:20 p.m. with the following interested persons present: Mr. and Mrs. Frank Metzig, 6400 Chanhassen Road' Art Kerber, 511 Chan View The Assistant City Planner read the official .notice as published in the Carver County Herald. The purpose of this hearing is to considersubdiividing 8.,350 x 211 foot parcel into three residential lots. The property. is. located at the southwest quadrant of Chanhassen Road and Pleasant View Road. The property is zoned R-l and sanitary sewer and water are available. Jerry Neher moved to close the public hearing. Motion seconded by Hud Hollenback and unanimously approved. Hearing closed at 8:30 p.m. FRANK METZIG SUBDIVISION: Members noted that the Kartak property to the south could be landlocked for future development. Access could be obtained through the Ecklund and Swedlund property. Hud Hollenback moved to recommend the Council approve the subdivision request for Mr. Frank Metzig. Motion seconded by Walter Thompson and unanimously approved. HAPPY CHEF' SYSTEMS, INC. This restaurant is proposed for the western portion of Lot 1, Block 2, Frontier Development Park. The HRA Concept Plan shows this area to be open space. The Planning Commission has endorsed the HRA Concept Plan but has not received any further guidelines from the HRA. ERICKSON PETROLEUM CORPORATION - HOLIDAY SERVICE STATION: Jerry Jensen was present seeking approval to construct a service station on the eastern portion of Lot 1, Block 2, Frontier Development Park. The HRA Concept Plan shows this area to be open space. The HRA has not defined the size of the open space. Planning Commission Meeting July 12, 1978 -4- Jerry Neher moved to table action on the Happy Chef and Erickson Petroleum and instruct staff to set up a meeting with the HRA, City Attorney, City Manager" - and Mayor Hobbs'at the earliest possible time. .- Motion seconded by Les Bridger and unanimously approved. ~ Les Bridger moved that the- President of the Chanhassen Chamber of Connnerce receive-a.copy of the Planning Commission agenda. Motion seconded by Dick Matthews and unanimously approved. COMPREHENSIVE PLAN: -Commission members noted that no progress has been made toward completion of the city comprehensive plan since the City Planner resigned~ Some of the -funding of this project may have to be forfeited if some progress is not shown. - - DISEASED TREE BURNING SITE - ORDINANCE AMENDMENT AND CONDITIONAL USE PERMIT: Hud Hollenback moved to hold a public hearing August 9, 1978, at 7:45 p.m. to consider an ordinance amendment and conditional use permit. Motion seconded by Walter Thompson and unanimously approved. RESIGNATION: A letter of resignation was ,received from Les Bridger as he is moving out of the City. The Assistant City Planner will advertise for a replacement and contact persons who had previously : applied. DEAN DEGLER - CONDITIONAL USE PERMIT:' Mr. Degler is seeking a conditional use permit to erect a single family home on his farm for his son. This is a father/son farming operation. Les Bridger moved to hold a public hearing August 9, 1978, at 8:15 p.m.... to consider a conditional use permit. Motion seconded by Jerry Neher ~ and unanimously approved. AMENDMENT TO OR,DINANCE'47 ,- STORAGE SHEDS IN R-l DISTRICT: Members discussed the following criteria for staff to judge each individual application so the, applicant does not have to go through the conditional use process. Location - Back Yard. Rear of rear house line from side lot line to side lot line. .Size - 150 square feet maximum. Maximum height 8 feet. Material - Prefabricated metal or wood. State of Repair - Consistent with Ordinance 22. Visual - Consistent with Ordinance 22. Any storage shed not meeting the above requirements would go through the conditional use process. Dick Matthews moved to table action t10 l'eceive an op:Ln:Lon from the City Attorney as to what procedure is needed to implement these standards. Motion seconded by Jerry Neher and unanimously approved. Les Bridger moved to adjourn. Motion seconded by Dick Matthews and unanimously approved. Meeting adjourned at 11:35 p.m. Don Ashworth City Manager e