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PL 05/02/2007 - 29923CITY OF FRIDLEY PLANNING COMMISSION MEETING MAY 2, 2007 CALL TO ORDER: Chairperson Savage called the regular meeting of the Planning Commission to order at 7:30 pm. MEMBERS PRESENT: Brad Dunham, Leroy Oquist, Diane Savage, David Kondrick, Larry Kuechle, Jack Velin MEMBERS ABSENT: Dean Saba OTHERS PRESENT: Stacy Stromberg, City Planner Bruce Westman, 17758 Palm Street, Andover APPROVE OF MINUTES: 1. Approval of April 18, 2007 Planning Meeting minutes MOTION by Commissioner Kondrick to approve the minutes as submitted. Seconded by Commissioner Kuechle. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Preliminary Plat, PS #07-04, by Bruce and Virginia Westman, to reconfigure Lots 2 and 3, Block 2, Johnson's River Lane Addition, Anoka County, Minnesota, to create Lots 1 and 2, Block 1, Sarah Addition, generally located at 100 and 110 Mississippi Place NE. MOTION by Commissioner Kondrick to open the public hearing. Seconded by Commissioner Kuechle. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Stacy Stromberg, City Planner, stated that Bruce Westman, petitioner, is seeking to replat the properties at 100-110 Mississippi Place to reconfigure Lots 2 and 3, Block 2, Johnson's River Lane Addition, to create Lots 1 and 2, Block 1, Sarah Addition. Essentially, this replat will change the property line from going west and east on these two parcels to north and south. Ms. Stromberg stated that the subject properties are zoned R-3, Multi-Family. The property to the west is also zoned R-3, Multi-Family and the properties to the north and south are zoned R-1, Single Family. The property east across East River Road is zoned C-1, Local Business. Prior to these properties being developed in 2002, the two parcels were part of the R-1, Single Family property to the south (111 64 1/2 Way). There were always three separate parcels; however they were encompassed by one single family home and rear yard. In 2002, the property owner at the time of 111 64 1/2 Way, decided to sell 100-110 Mississippi Place. As a result, the twin home was constructed on the property, which faces and receives access off of Mississippi Place. At that time, the property owner was told to combine Lots 2(100 Mississippi Place) and 3(110 Mississippi Place) of the Johnson's River Lane Addition, which separates the two lots by a west and east property line, to create one lot. Apparently that lot combination was never filed, therefore; the petitioner is seeking the current replat request, to separate the lots with a north/south property line, which will then allow the property owner to sell the units individually. Ms. Stromberg stated that the petitioner is not proposing to change the current R-3, Multi-Family zoning. The R-3 section of City code stated that "Lot requirements of this Section are for thee (3) or more dwelling units. Two-family dwellings in this district shall be subject to the R-2 District regulations." Since this lot consists of a two-family building, the R-2 regulations still apply. Ms. Stromberg stated that lots in the R-2 district be a minimum of 75' in width with a minimum total lot area of 10,000 square feet. The proposed Lots #1 and #2 will be 94.54 feet in width and 15,574 square feet in size after the replat. The minimum lot area requirement of 10,000 square feet for a two-family dwelling unit has been met on the proposed plat. Ms. Stromberg stated that the existing twin home meets all setback and lot coverage requirements. However, the fence along the western and eastern property line is nonconforming as it is over the required 4 feet requirement in the front yard and the property also falls short of meeting the City codes landscaping requirements. Staff plans to stipulate that the fence be reduced to 4 feet in the front yard and a landscape plan be submitted and approved by City staff prior to final plat approval. City Staff recommends approval of this plat request, with stipulations as it does provide additional homeownership opportunities for Fridley residents. Ms. Stromberg stated that if the plat is approved, the following stipulations be attached. 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east sides of the property prior to final plat approval. 2. Petitioner shall submit landscape plan to be reviewed and approved by City staff prior to final plat approval. 3. The line separating the two lots shall align with the party wall of the twin home. Commissioner Oquist asked if there were any issues with lot 1 or 2 being on the corner lot. Ms. Stromberg answered that the minimum sideyard set back on a corner lot is 17.5 feet and this is met with the plat request. Commissioner Kuechle asked if there were any issues with the driveway. Ms. Stromberg answered that it is a shared driveway and it may be a good idea to have the joint shared driveway agreement on file with the city. Commissioner Dunham asked if the homeowner ever thought of splitting the driveway as it may be easier to sell and finance if the driveways were split. Ms. Stromberg answered that with the horse shoe shape of the driveway it may be difficult to split. Commissioner Oquist suggested just taking a section out of the middle of the driveway to split the driveway. Commissioner Kondrick commented that the fence height probably helps reduce the noise factor with East River Road being so close. He asked if it was important to tear down the fence as it is an attractive plastic fence. Maybe the fence could remain on the west side and tear down the other side. He did not think that the fence was in line of site for traffic on that corner as the traffic comes from the other direction. He suggested to keep the fence on that side. Chairperson Savage asked if the homeowner would need to request a variance to keep the fence at the current height. Commissioner Kondrick answered yes, a variance would need to be submitted. He asked if the homeowner has submitted a landscaping plan. Ms. Stromberg answered that staff has not seen a plan yet but it will be required and the homeowner must comply. The homeowner will need to plant nine trees per the code for this zoning district. Bruce Westman, property owner, stated that when he bought the property, there was an 8-10 foot fence around the entire property. He asked the city what the maximum height was and at that time, they said it was 6' so he installed a 6' maintenance free fence and it passed final inspection. He can reduce the height to 4' if it is a safety issue. He added that the fence on the west side adds privacy for the owner. He stated that he could split the driveway but did not feel it was necessary to sell the units. Landscaping was not required in the past and he is wondering what staff would like him to do for landscaping and what the requirements are. The tenants are required to take care of the yard so that is why the landscaping has been so minimal. Commissioner Savage asked if Mr. Westman had a problem submitting a landscaping plan. Mr. Westman answered no as long as he knew what staff was looking for. Commissioner Kuechle asked if the cross easement on the driveway would be a problem to sell to two different people. Mr. Westman answered that he could sell the units as is and the driveway is designed to go out into the street. Commissioner Dunham stated that the units may be more marketable if the driveways were separate. A first time buyer may find it easier to find financing with separate driveways. MOTION by Commissioner Kondrick to close the public hearing. Seconded by Commissioner Velin. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:47 P.M. Commissioner Kondrick asked if the fence was an issue with anyone else. Commissioner Velin stated that he has seen the fence and it looked nice. Commissioner Kondrick agreed it was a nice fence and it is nice to have the privacy with the neighbors being so close. Chairperson Savage stated that the homeowner would need to request a variance to keep the 6' fence as it is restricted to 4' for other owners. Commissioner Kuechle agreed that if the owner wanted to keep the 6' fence he should go through the Appeals Commission and request a variance. Commissioner Oquist suggested the owner work with staff on the landscaping requirements. MOTION by Commissioner Kuechle to approve the consideration of a Preliminary Plat, PS #07- 04, by Bruce and Virginia Westman, to reconfigure Lots 2 and 3, Block 2, Johnson's River Lane Addition, Anoka County, Minnesota, to create Lots 1 and 2, Block 1, Sarah Addition, generally located at 100 and 110 Mississippi Place NE with the following stipulations: 1. Petitioner shall remove or reduce the height of the fence to 4 feet in the front yard on the west and east sides of the property prior to final plat approval. 2. Petitioner shall submit landscape plan to be reviewed and approved by City staff prior to final plat approval. 3. The line separating the two lots shall align with the party wall of the twin home. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. This item will be heard before City Council on May 21st at 7:30 p.m. OTHER BUSINESS: Stacy Stromberg announced that there will be a meeting on May 14th at 6:00 p.m. downstairs, to discuss the results of the Council Commissioner Survey. She also thanked Larry Kuechle for his 20 years of service to the Planning and Appeals Commission and wished him good luck. ADJOURNMENT: MOTION by Commissioner Oquist to adjourn the meeting. Seconded by Commissioner Kuechle. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MEETING ADJOURNED AT 7:52 P.M. Respectfully Submitted, Krista Monsrud Recording Secretary