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1978 08 23 - ,- . REGtJLl.\R PLANNING CCf.1MISSICN ME::m'ING AUGUST 23, 1978 Ranan Roes called the :m:eting to order at 7:35 p.m. with the f011CMmg members present: Mal MacAl.pme, Hud Hollenback, and Jeny Neher. Dick Matt.h.ew's, Walter Thdn:'lPson, and Tim Stone were absent. MINUTES: Approval of the July 26, 1978, Planning ccmnission minutes was tabled to the next neeting. Hud Hollenback rroved to approve the August 9, 1978, P1arm.ing CCmnission minutes. M:>tion seconded by Jerry Neher and unanimously approved. Jerry Neher noved to note the August 7, 1978, Council minutes. Motion seconded by Hud Hollenback and unanirrous1y approved. Hud Hollenback rroved to note the July 31, 1978, counoi1 minutes. Motion seconded by Mal MacAlpine and unanirrously approved. Hud Hollenback rroved to note the August 14, 1978, council minutes. Motion seconded by Jerry Neher and unani.m:msly approved. PUBLIC HEARING DAVIS/BIO:MBERG REZONING, SUBDIVISICN, PLANNED RESIDENTIAL DEVEI.DPMENI', PLANNED CCMMUN'ITY DEVEI.OPMENT AMENIMNI' TO ORDINANCE #47 Ranan Roes called the public hearing to order at 7:50 p.m. with the fo11CMmg interested persons present: Mr. and Mrs. W. E. Hagman, 7602 Erie Mrs. Curtis Robinson, 202 West 77th Street Mrs. Ejvind Fenger, 7501 Erie Mr. and Mrs. John M31by, 7530 Chanhassen Road Mr. and Mrs. Jeff Johnson, 7604 Erie Clark Hom, 7608 Erie I :':~::..-" D::m Schmieg, 200 West 77th Street Vem Zetah, 7500 Erie Avenue Bob Meuwissen, 201 West 77th Street Mr. and Mrs. Frank Kurvers, 7220 Chanhassen Road Paul Rojina, 220 West 77th street Earl McAllister, 7510 Erie Mr. and Mrs. Wesley Arseth, 7520 Chanhassen. Road Mr. and Mrs. Irv Paym:md, 7440 Chanhassen Road Mr. and Mrs. John Segner, 7530 Chanhassen Road M. Hughes, 7343 Frontier Trail C. Peter Linsmayer, 7421 Frontier Trail William Kirkvo1d, 7423 Frontier Trail Joyce Horr, 7510 Chanhassen Road Mr. and Mrs. Alex Hartmann, 6687 Horseshoe curve Mr. and Mrs. John Ryan, 6685 Horseshoe curve Frank Kuzma, 6651 Horseshoe CUrve Theodore Bentz, 7570 Chanhassen ROad William McRostie, 7015 Dakota Robert Davis, 4212 Alden Drive Sharon Gagnon, 7508 Erie Mr. and Mrs. Richard Peters, 202 Chan View Bill Brezinsky Crai~ M3rtz Herb -Bloomberg Planning Canmission M3eting August 23, 1978 -2- The Assistant City Planner read the official notice as published in the Carver County Herald. This hearing is to consider a proposed subdivision, rezoning fran R-lA to P-1 and _ P-3, azrendrrent to Ordinance 47 to allow hotels as a peootted use in a P- 3 District and pre1:ilninary deve10prent plan for the proposed deve10pnent on property located on the north side of Chanhassen Road across fran the Chanhassen M3a.d0ws Apa.rt:1mnts. The Assistant City P1armer gave his report dated August 21, 1978. A copy of the plan has been sent to the Depa.rtm:mt of Natural ReSOl.'lrceS for review. The Assistant City Planner reccnmended that the Planning Ccmnission look with favor on the proposed rezoning, subdivision, planned residential deve1q;:ment, planned camnunity deve10p00nt and preli.mi.nary deve10J;m3t'lt plan. and subsequently re'Carmmded an arrendrrent of Ordinance 47 to allow for a hotel in a P-3 District. This reccmrendation is based upon full consideration of an adequate access for. the residents on Hill Street onto Highway 101. Robert Davis - What I am requesting is to divide 2.05 acres into four residential lots. I have been assessed for three sewer and water units. The access to the parcels would be fran a road across the B10cmberg property. I do have an access on Highway 101 and I am suggesting we plat this to provide access to this street. The lots neat the minimum size required. Ranan Roes - A long tiIoo ago, in respect to Hill Street, we had a proposal and I can't renember the details but sarehc:M we were going to alleviate the traffic congestion on Hill Street. Do you recall how that was? Bob Waibel - I initially recamended that both ends of IIill Street be blocked off at both ends and have tum arounds in there sufficient for snow plowing, eta: ~d that. the residen~s use. the system within the wtus Lake _ Addition to gJ.ve better sJ.ght distance. . Wayne Hagman - If you blocked off Hill Street and go through the B10anberg property which I as~ is going to .care up later, where \\TOOld this exit? Robert Davis - I am not requesting that situation. 'rhe existing house is very close to the line of Hill Street. If serre way this was brought across and exited out it would mean caning across dCMn here quite a distance to get out. Herb B10anberg - We are suggesting that we preserve the entire 1akeshore for residential use including another tier of lots for conventional residential lots adjoining all of the platted area in the adjoining areas. We have this mass here for the hotel site. This would be essentially an apartmant hotel of a very high quality acC<mI'K:>dation which we feel would be a very attractive and good addition to the city. We are in a position of course it is across fran the apartmants. Every other proposal down through the years have been for apart:mants. I don't that we. could ever sell or praoote a typical residential develq;;ment except in very lot cost deve10p00nt. I think dCMh through the years there have been a number of proposals for high density, low cost apa.rbrent developnent on this property which I think is a likely trend unless we can do sc::nething of this kind which I feel would be much rore desirable. We have scma lots that \\TOO1d be reserved for ll'Ore m:xlest priced hares and using the concept of zero lot line setbacks. In. other words there \\TOO1d be two individual hcrres that would have a ccmron line where the house would adjoin. ~ ~c:mtage of it is ~t it mak~s a better ,use .Of. the land and the indivJ.dual structures WJ.th the sJ.ze of two J.:nStead of ane would be a better looking structure we feel. As far as traffic is conoerned, the first consideration is topography. We have a treroondous hill in here. e e - Planning Camlission M3eting August 23, 1978 -3- OUr feeling is we want to make roads that are going to serve the camu.mity but still not invite unfavorable traffic. we have made, we feel, good. access caning do.m here on Chan view. There is good. circulation for all uses and still we eli:mi..n.ate inviting traffic that we feel could be objectionable. "We have lived 1i!Yself on IOtus Lake for 21 years and I know this property and have lived with the thought of it for many years. I really feel it would be desirable and attractive use of the land. It would keep the ccnp1ete resi-dential tone of the area. We want to put in an outlot for cannumityrecreational use. 'Ibis would be a private, non-profit type of an entity similar to what is in Sunrise Hills and I believe a system that is self policing. It gives a cc:mnunity park to supp~t our other park systems. I think it would work out well for us here. All these lots would have rights to join this association that would serve this area. John Segner - There is no mmtion of any kind of drainage on that. Am I going to get swa:rcped or what? Herb B10anberg - We would expect to handle the storm sewering and ponding or whatever in confo:t:n1ity to the r~tions of the engineer. Was Arseth - Is there going to be any kind of a guarantee. that there will not be any nore water than now go dorm that hill because it is a real. bear cat right nCM. With all the blacktop and everything that is ccm:ing in it's going to nultiply that by many fold. Bill Brezinsky - I think that would be our require.nslt. We don't have any proposed grades or storm sewer systems shc::Mn at this t:i:ne on the plan but I think the city would require that there would be no more water. I knCM that the Engineering Depa.rt:m:mt would require that there be no nore water draining fran this. property after the develc:p:l'ent than there is right now. Wes Arseth - Would there be any less? Bill Brezinsky - We would work for less. Wes Arseth - Is there any chance of putting in a stonn sewer with the project that would take care of that water? Bill Brezinsky - That's a possibility. We don't have a drainage plan right now and we don't knc:M what the final grading of this property is going to be. It may be possible that a good share of this could be picked up through a system and directed toward the lake. Jerry Neher - Are we going to have the sama problem with that thing being developed without a holding area as they have on lot 12? Bill Brezinsky - There are going to be certain requirezoonts for deve10prent put on it by the watershed district and the DNR. I suspect that there will be a holding area probably required in this outlot and since there is quite a bit of the area that cares through this there is going to have to be s~thing done here. I don't know what form it will take exactly. Ranan Roes - Is there going to be a lot of land cutting in the residential portion? Herb B1oa:nberg - No, we are following the basic contours very close. Jack Melby - Why a hotel in that specific area as opposed to a dCMIltavn area? Herb B1oa:nberg - We plan and. expect to have hotel facilities in the dCMIltcMn area. We feel that the dormtown area is a close urban develq.mant whereas this would be an opportunity to have a green space cctrplirrentary scheme. It would be a different theme and we feel very desirable and attractive. Planning Commission Meeting August 23, 1978 -4- Jack Melby - Why are you developing for hotel reasons? Robert Davis - The south Lotus sewer line was put several years ago and assessments were made against that line both for existing residents and proposed ~ or vacant land and there are some 50 odd assessments against this .., property. Nobody is going to hold the property vacant and pay assessments Jack Melby - I don't understand why, in a residential area, why put a hotel in, why put townhouses in, why put apartments in? Herb Bloomberg - In the overall Chanhassen you have phasing areas. You have the town development and you practically never see a urban development with residential coming up to a wall. I feel that with the development of the hotel surrounded by these relatively vast green spaces this would be much more attractive in views and for the quality of life in this community. Jack Melby - I can see your point now look at Bob (Davis), he has got the adjacent property and I understand what you guys are doing as a joint venture. I look at Bob and I say, ok he is going to put four houses there. I have a personal interest I own the adjacent property to Bob Davis. Bob Davis is going to put four homes in there, how is he going to sell those homes with a hotel 25 feet away and tennis courts and public access? Bob should be concerned. I am concerned because I live there. When I look at the city as a whole and I look at the kinds of development that are proposed not only for this area but for the area downtown I see some positive things but relative to this area I see positive things when you tell me that you are going to put private homes up there. You tell me you are going to develop the lakeshore, that's positive. When you tell me you are going to put hotels in a residential area, I don't understand that. There has to be a reason why. Roman Roos - What you are objecting to is a hotel being in that location, not ~ downtown so I understand what you are talking about. .., Jack Melby - I have no objection to a hotel in the area. The question I am asking is why. Do I want a hotel 50 feet outside my bedroom window that's what I am going to have. Hell, no I don't. I understand his rights. If I owned that property I would do something with it myself. The question is, what the hell are you doing all this stuff for? Herb Bloomberg - I feel we are on a commercial highway here and so the question is what is the best use of this land. This hotel would serve a function of a transient hotel, resident hotel, we have people coming that are in between homes, retirement, someplace that's really a very fine unusual beautiful situation and those people have as much right to a spot. They say, maybe I don't want to buy a home. C Jack Melby - I understand that. The last planning session I sat through there was a question relative to what we were going to do with the property at the intersection of 101 and 5, comments of a Happy Chef, comments of a combination of Happy Chef and a gas station and at that time we were saying that that area was going to be the initial area where you come into Chanhassen, what more appropriate place than that area for a hotel, or something attractive. I have no objections to hotels. I have no to developing of that land. Bob Meuwissen - If there would be a hotel, how many stories high would you plan on going? Herb Bloomberg - It wouldn't be any higher than a home. Perhaps at the most three stories. Our thinking is that we have very valuable lakeshore lots and expect to sell those to people that want very fine homes. We really have our own proof built in. If somebody else owned this ~ and I was asking for this these people obviously would ask lots of .., questions. I have to answer my own questions because I expect to move this first ahead of this and we expect to build and satisfy Planning Commission Meeting August 23, 1978 -5- these people that what we are proposing here by that time will have plans along, models, drawings, everything finalized. We feel that this will be a feature that will be very compatible with this. Jack Melby - I have seen the plans and I am looking a't'this as a selfish question, as I have said before I own the adjacent property. I look at the plans and I see some very nice things about them. I see a new community. I see new tax base. I look at where I am at and look at Bob's property adjacent to mine and I see this development as not a negative factor. You talk to the people on the western side of your property and ask them questions about how they felt about this, how they felt about that. No one asked me. If I look at this piece of property right down in my front yard I am going to have a community access, I am going to have a tennis court and a hotel. That's a selfish issue. Do I like that, no. Can I anything about it? Hell, I don't know. Roman Roos - What we are trying to do is get a feel of the public, their response to this proposal and the various concepts of this proposal. To answer your question, yes, you are heard and that's the kind of view we are looking for so we can make a decision in the land use and the planning of all of Chanhassen. Mal MacAlpine - Would you object as much to an apartment house with tennis courts being planned as you would the hotel or is your objection primarily the hotel? Jack Melby - I think I would object outside my bedroom window having apartments. I would object to tennis courts outside my bedroom window. I would to tennis courts in my front yard because that's where we enjoy the beach. I understand that there is a lot of people to consider here. I am only one family. If Herb came to me and told me that he was going to develop that for residential property, that's his property. He can develop that as he wishes. He has the right of private enterprise. I do too. I can take my property and put it into four lots like Bob did. I won't because I like it the way it is. Frank Kuzma - What additional density would you expect in regard to boat traffic as a result of this property? Herb Bloomberg - I really think it would be very small. I am very much expecting that if there is any abuse of the boating privileges on Lotus Lake we are going to see tighter and tighter restrictions. In fact I am satisfied that we would have no motorized boats going off this area. Frank Kuzma - I would think with a development like this we are going to end up having to completely ban motors on the lake period. Clark Horn - You indicated the development across from the apartments (Chanhassen Meadows) is not usable as a residential area. Was that based on the facts that it's next to Highway 101 or the fact that it is across the street from the apartment houses? Herb Bloomberg - I think it is rather unusable. I wouldn't gamble a dollar on building a house in here and try to sell it across from those apartments. I think people would say, that's a nice house but I wouldn't want to live on Highway 101 and facing those apartments, not that there is anything wrong with apartments. Our feeling here is that this hotel would look more like a home. Our feeling is that this would be just a very attractive home like atmpsphere ~ and completely landscaped. Don Schmieg - All the previous developments that we have had come in here have had no access to the old streets on the old part of town. It's kind of e ~ Planning Commission Meeting August 23, 1978 -6- a quiet end of town and they are dead end streets and I for one bought a house down there because it is. My property adjoins di rectly with that particular piece of property by the well. I would like to know why now we all of a sudden exited two streets onto one that ~ doesn't have enough room now? You are going to drain all the water .., down that area. Storm sewer factlitieswere~just 'put in. I know for a fact they are not big enough to handle that plus all the extra traffic. Bill Brezinsky -About five acres of this area will drain into the new system. Wes Arseth - What would be the possibility of lowering the speed limit on 101 to say 30 which would make it a little easier for people to get on and off? Frank Kurvers - I would like to know the density in all these different areas as far as his overall land use and his density. Roman Roos - We are looking at 122 units totally including the 60 unit hotel. Hud Hollenback - Sixty - hotel, twelve - apartment, and the rest single family. Some of which would be zero lot line. Jack Melby - I would like to go on record with a statement. (1) Houses instead of hotels. (2) Community access in the center of the community as opposed to adjacent to my property. Wayne Hagman - I would like a clarification of the rezoning proposition. You are talking about a hotel. What happens if that hotel doesn't go in. What else can go in there in lieu of the hotel? Mal MacAlpine - If we would agree to this plan and recommended it to the Council and they said all right to the rezoning, he could not put anything else up there unless it came back to the Planning Commission and ~ it was reviewed allover again. .., Bob Waibel - Any use other than a hotel, once approved, would have to come back for a plan amendment. Mal MacAlpine - I think the one thing that wasn't covered here and I just want to be sure everyone knew the amount of property he is talking about that would be devoted to the hotel, not because I am for the hotel I am not in a position to say that, but it's 248,000 square feet. The only reason I bring that up is that it would be a rather large area. It is going to be a very large green area in here. I am saying' you could also come up with a plan, as a developer to get the most money out of it, where he would make it a high density area where you might try to put in 300 apartments in that same space. Earl McAllister - This is strictly going to be a residential hotel. There would be no bars or liquor license? Herb Bloomberg - I am sure not. Frank Kurvers - Are you going to require an environmental impact statement on this project? Bob Waibel - An environmental worksheet must be completed by the applicant before Council gives final approval. Frank Kurvers -Are Mr. Davis' lots going to be able to use the outlot? Bob Davis - I have made no arrangements to use that outlot. The reason that the two are reviewed together is my first proposal to the Planning Commission was access onto Highway 101 and the suggestion was I didn't use access ~ to 101 that I work with the adjacent property owner for all the traffic .., access. Frank Kurvers - You didn't answer my question. e e - , Planning Commission Meeting August 23, 1978 -7- Roman Roos - There are two separate proposals being reviewed together. Craig Mertz - It would be two separate plats. Bob Meuwissen - When they start developing which way are they going to bring in the ready mix and the equipment? Mr. Bloomberg invited residents to meet with Mr. Davis or himself to discuss the propos a 1 . Jack Melby - There was a Planner's,reconirJiendati,onwhich 'really hasn't been discussed and that was what to do with,~'HiJl Street. Since some of the residents are here that should be reviewed. Bob Waibel - What my recommendation essentially was that these be blocked off and that the residents, if they so desire, gain a safer access through the transportation system of the development. Bob Davis - I don't want to pay for improving roads for other people. They have a road now. If the city would recommend some public improvements this is something else. John Segner - There was four of us that were assessed $1 ,000 extra for putting tar on Hill Street and I don't see why anybody else should be cutting in on it now. Bob Davis - I am not using Hill Street and that was one of the Planner's original comments back two meetings ago that we not put any additional traffic on Hill Street. Bob Waibel - My recommendation was to essentially eliminate what I thought was a hazardous access onto 101. Bill Brezinsky ~ I think we are saying that we still wish that something could be done about the Hill Street thing but with this plan as it is presented right now I don't think it's worth it. Jerry Neher - It is a very dangerous place for a school bus to be turning around. Mal MacAlpine moved to close the public hearing and hold the public record open for one week to receive written comments. Motion seconded by Hud Hollenback and unanimously approved. Hearing closed at 9:25 p.m. DAVIS/BLOOMBERG SUBDIVISIONS: Mal MacAlpine moved to table discussion until September 13, 1978. Motion seconded by Hud Hollenback and unanimously approved. HESSE FARM, PHASES II AND III - PRELIMINARY DEVELOPMENT PLAN: Mr. Hesse is proposing to subdivide phases II and III of the Hesse Farm which is located on the west side of Bluff Creek Drive into 27 residential lots averaging approximately five acres in size. The Council moved to rescind resolution 911721 in the occasion of the Hesse Farm at its July 17, 1978 meeting. The Planner discussed his report of August 23,1978. The property is rezoned P-l. Roman Roos - Let's take the four variances and state our reasons. The first would be the platting and subdivision of lands within the area not served with sanitary sewer. Mal MacAlpine - At our last meeting we felt that if we did make a recommendation to approve this recommendation that we should be very sure that the City Engineer took the necessary steps to see proper type septic system was designed. Hud Hollenback - I agree. I think that's the main consideration here. Apparently it worked for the first phase. Jerry Neher - A previous Planning Commission had more or less approved the whole project. This was grandfathered in in my opinion. Roman Roos - Once we made the recommendation to rescind that resolution 911721 to the Council that automatically said that we figured that Ordinance 45 would not take effect in that area but we did state that the septic _, --.-r Planning Commission Meeting August 23, 1978 -8- systems should be very stringent. That was my big concern. It is the concensus of the Planning Commission based on our comments that we grant the variance to Ordinance 45 in respect to sewer. The second variance required would be in regards to Ordinance 33 which tit requires all residential lots have frontage on a public street. Craig Mertz - Mr. Hesse advises me.that he is proposing to do the same thing he did on the first addition and that would be to make the streets an outlot and the outlot would be owned by the homeowners association. Hud Hollenback - I have no problem with that. Jerry Neher - I hav~ no problem. Bob Waibel - The Subdivision Ordinance requires that large tracts of land demonstrate that they can be resubdivided when sewer is imminent. Frank Burg - I am Harold Hesse's engineer. We went through the same routine that we are embarking on right now when we did the first addition and I think the first and foremost premise that Mr. Hesse goes on is that (1) the lot will not be resubdivided. The area is to remain large and I think if you look at the plan that we have on this particular Phase II and Phase III development the topography of the area, the available building sites per lot are very, limited and a resubdivision of the lots is just impractical. You said the same thing when we did the first phase, that they will not be resubdivided and I think Harold, that went in to the covenants. Hud Hollenback - That's probably the only reason we are doing this is because we agree there is a need for that type of homestead, however, there is nothing to say that the City Council again after the year 2000 can come through if they are told sewer has to go in there and assess each lot owner four assessments or five or six like has happened in some of these other areas where we had large lots. tit What we find is somebody dies and the son inherits the house and the first thing you know he comes up here and wants to subdivide. There is nothing we can do about it. Frank Burg - We agree wholeheartedly with the City's position on this. In this particular one we looked at them from a soils configuration,from a topographical configuration, and the lots are just there. I would say that probably 90% of the lots, no way could be resubdivided. Some of those lots are going to have 13, 15 acres in them but they are unbuildable other than one area which is the area the house is going to be which is going to be very compatible to some of your other,maybe,one acre parcels elsewhere in the City. I am going to guess that by the time sewer and water gets to this area which is going to be past the year 2000 that our technology in treating and handling sewage and the transportation of sewage is going to be quite different than it is today. Roman Roos - There is very few lots that ~can be subdivided. . Hud Holl enback - You can always make the argument' that itdoesnJt front on. a public street or a private street for that matter and therefore you can't replat it. I guess there is no problem. Roman Roos - In essence what we are saying is ~he four variances, we feel, should be granted. Mal MacAlpine moved to hold a public hearing on September 13, 1978, at 8:15 p.m. to consider preliminary development plans for Phases II and III, Hesse Farm. Motion seconded by Jerry Neher and unanimou~ly approved. e DISEASED TREE DISPOSAL SITE, CONDITIONAL USE PERMIT: The City Planner gave his report of August 21, 1978. Doug Mitchell - As far as hours go, if we would open it up to the public and to Planning Commission Meeting August 23, 1978 -9- tit the contractors with an attendant there, it would have to be open from about 8:00 a.m. until 9:00 p.m. six days a week. If it was not open to the public an attendant wouldn't be necessary. The contractors could have keys for the gate. A fee hasn't been set up yet. It probably would be $10.00 to $12.00 for a single axle truck, $15.00 for a tandem. The county is presently looking for a chipping site. Hud Hollenback moved to recommend the Council issue a conditional use permit to the City Utility Department for the establishment of a diseased tree burning site provided. that no chipping of trees is to occur on the site. The hours of operation are to be established by staff and no recommendation is made on the issue of hiring an attendant or citizen access to the site as opposed to contractor access to the site. Motion seconded by Jerry Neher. The following voted in favor: Hud Hollenback, Jerry Neher, and Roman Roos. Mal MacAlpine abstained. Motion carried. e Mal MacAlpine - I don't think it is right to have a burning site closed to residents. if somebody wants to take a diseased elm tree that they have taken down and they have a trailer to that site that we are saying they can't do that. I think the City of Chanhassen has an obligation to have some site where you can take a tree and dump it. Bob Waibel - Maybe that can be worked into the conditional use permit whereby there would be one day set aside and then they could hire an attendant. Doug Mitchell - I would like to see it open to the public more than anybody else. If there is any financially possible way I would think we could do it. BRAMBILLA USED CAR SALES: Mr. Brambilla is proposing to establish a used car dealership on the premises formerly known as the Fas Gas Station on Highways 169- 212. The property is zoned C-3. The applicant intends to have two rows of cars in a.:east:to west fashion along the entire width of the property. The Assistant City Planner recommended that the Planning Commission look with favor upon the request with the following conditions: That the applicant maintain the setbacks as prescribed by Ordinance 47 and post an escrow account in the amount of $50.00. Mr. Brambilla stated that the pump island will be removed. The above ground gas tanks have been removed. Mr. Brambilla further stated that no parking of his cars for sale and no customer parking would occur within the southerly 25 feet of the property. Inasmuch as thi s is a permitted use and inasmuch as he can 1 i ve with the 25 foot setback there is no need for action of any kind from the Planning Commission. . SUBDIVISION REQUEST, BRUCE ROSS: Mr. Ross is requesting to subdivide approximately 14.5 acres located on the east side of Highway 41 into two residential lots. The property is zoned R-1A and is not served with sanitary sewer or water. He does not wish to divide the property but if he is required to do so he would prefer to divide it by metes and bounds into one 9.5 acre parcel and another 5 acre parcel. The Assistant City Planner has reviewed the property and feels it does not qualify as an agricultural homestead in that it does not derive its income from the products produced on the premises. In seeking a conditional use permit or a variance to the R-1A requirements of the zoning ordinance, the applicant must have proof or present plans that demonstrate that both households will derive their subs is tence from the products produced on the 1 and. The Pl anner recommended that Planning Commission Meeting August 23, 1978 -10- the most suitable metnod of approaching this request is to go through the variance process to Section 2.01 of Ordinance 45. Craig Mertz - As a general rule our ordinance provides that you cannot have two dwellings on one tract of land with one exception, if the property is zoned R-1A and if the second house is for the pcrrpose of providing living quarters to someone employed on the farm. This meets one of the two conditions. If it is Mr. Ross~. request to put up a second house on one tract of land, no division of the land, he is asking for a variance to that farming requirement. If his request is to divide the property then he is asking you for a variance to Ordinance 45 that prohibits the subdivision of land in the absence of sewer and water. He is not here to say what exactly he wants. I would have to interpret this as a request for one of those two. I would have to review my comment on this agricultural home or second dwelling on the same tract of land. I think if the commission were to attempt to give Mr. Ross a variance doing away with the requirement that he be employed on the premises if he wished to erect that house that constitutes a use variance and State Law does not permit us to grant use variances. We can only grant variances to performance standards,setbacks and such things. His options then are (1) to petition for an amendment of the Zoning Ordinance to allow two structures on the same tract of land or (2) to present a subdivision request to you and ask for a variance to Ordinance 45 that prohibits subdivision of unsewered lands. Bob Waibel - If you grant a variance to section 2.01 of Ordinance 45 you are eventually coming up with another variance which states that the way he would divide it would be creating lots that are two times greater in depth than they are in width. Mal MacAlpine moved that while the commission looks with disfavor on any attempt to build a second residence on this property prior to sanitary sewer being available or looks with disfavor on constructing a second residence on the property in the absence of a subdivision of the land, the commission wishes to table the item until such time as the applicant can personally appear and more fully describe his proposal. Motion seconded by Hud Hollenback and unanimously approved. COUNCIL MINUTES: Members discussed previous Council actions. ECOLOGICAL COMMITTEE: Members wish to meet with the Ecological Committee to discuss the status of the Ecological Ordinance. NEW HORIZON HOMES: Park and Recreation Commission and Planning Commission members will take a field trip to one of their developments on September 13, 1978, at 5:30 p.m. Mal MacAlpine moved to adjourn. Motion seconded by Hud Hollenback and unanimously approved. It e Don Ashworth City Manager .