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HomeMy WebLinkAbout1999 07-15 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR MEETING JULY 15, 1999 CALL TO ORDER The Planning Commission meeting was called to order by Chair Willson at 7:30 p.m. ROLL CALL Chair Tim Willson, Commissioners Stephen Erdmann, Rex Newman, Sean Rahn, Dianne Reem, and John Whitehead were present. Also present were Secretary to the Planning Commission/Planning and Zoning Specialist Ronald Warren, and Planning Commission Recording Secretary Arlene Bergfalk. Commissioner Graydon Boeck was excused. APPROVAL OF MINUTES - MAY 27.1999 There was a motion by Commissioner Reem, seconded by Commissioner Newman, to approve the minutes of the May 27, 1999 meeting as submitted. The motion passed unanimously. CHAIR'S EXPLANATION Chair Wilson explained the Planning Commission's role as an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. APPLICATION NO. 99006 - MARK & KATARINA PESCHEL Chair Wilson introduced Application No. 99006, a request for a variance from the Critical Area Interim Development Regulations to allow a building set -back less than 100' from the ordinary high water mark of the Mississippi River, submitted by Mark & Katarina Peschel, 6830 Willow Lane. This application was filed on 07- 01 -99, requiring Council action by 08 -30 -99 (60 days.) Mr. Warren presented the staff report using overhead transparencies to describe the location of the property and the site plan that included the area contours and bluff lines. (See Planning Commission Information Sheet dated 07 -15 -99 for Application No. 99006, attached) The applicants seek a variance to construct a solarium addition on the rear of their home. The single family residence is located in the 6800 block on the east side of Willow Lane, bounded on the east by the Mississippi River, and by single family homes on the north and south and Willow Lane on the west side. This property is within the State designated Mississippi River Critical Area Corridor District established in 1976 and is subject to the standards and guidelines contained in the Interim Development Regulations (until the City adopts its own regulations for this area). 07 -15 -99 1 Mr. Warren reviewed the regulations which require that all structures be placed no less than 100 ft. from the normal or ordinary high water mark of the river and no less than 40 ft. from all bluff lines. The standards are designed to maintain the aesthetic integrity and natural environment, to reduce the effect of poorly planned shoreline and bluff line development, and to prevent soil erosion. The City has been responsible for enforcement of the regulations, and has done so by only requiring a 40 ft. building set back in areas along the river where there is a bluff line and using the 100 ft. Ordinary high water setback in areas where there is no bluff line. The City's setback interpretation of the regulations allowed the 1979 construction of the Peschel's home closer than 100 ft. to the normal /ordinary high water mark. Using the City's interpretation for this Application, construction of an I P x 14' solarium at an elevation of 832 ft., 77 ft. inland from this mark, and meeting the 40 ft. bluffline setback would be allowed. The heavily wooded area adjacent to the river would conceal the addition from the river. Mr. Warren reviewed the applicant's prior discussions with the City and the Department of Natural Resources (DNR) regarding the proposal and referred to letters from the DNR dated May 3 and July 13, 1999 regarding the application. In general, DNR representatives believe the proposed application does not meet the requirements of the Critical Area regulations, and any construction requires approval of variance(s) by the City of Brooklyn Center. Photographs of the home showing the placement/design of the solarium and a survey drawing attached to a letter dated July 1, 1999 from the applicant's attorney were viewed and discussed. The City's Standards and Procedures for Zoning Ordinance Variance and relevant Minnesota Statutes were reviewed as they relate to this Application. In addition to the applicant's arguments supporting approval of the variance outlined in the July 1, 1999 letter which addresses each of the specific variance standards, A -D, staff evaluation of the application supports approval of the variance from the 100 ft. setback from the normal high water mark of the Mississippi River. Mr. Warren explained his opinion that the stated objectives of the Critical Area regulations which include maintenance of aesthetic integrity and natural environment, reduction of the effect of poorly planned shoreline and bluffline development, and prevention of soil erosion are not violated by this proposed construction. In addition, a hardship could be considered if the applicant cannot use their property in a manner consistent with other development along the river. Further, although regulations require enforcement of both the bluffline and ordinary high water mark setbacks, it appears reasonable that the bluffline setback standard is most important in this particular case, and is in keeping with the spirit and intent of relevant regulations. Therefore, Mr. Warren recommended that the Planning Commission recommend approval of the variance request submitted under Application No. 99006. Mr. Warren noted that a public hearing scheduled for this meeting on the Application has been properly noticed. 07 -15 -99 2 i Chair Wilson called for questions from the Commissioners. The solarium will be constructed of glass and natural stone. Mr. Warren provided detail in response to Commissioner Newman's questions regarding the 1979 construction of the Peschel home as it related to interpretation of the Critical Area regulations and pointed out that at that time, approval of construction was based on interpretation of those regulations as requiring either a bluffline or high water mark setback. Subsequently, the DNR has indicated that both setback requirements must be met. Mr. Warren noted that the bluffline is basically at the same point as it was when the home was built. PUBLIC HEARING - APPLICATION NO. 99006 There was a motion by Commissioner Rahn, seconded by Commissioner Whitehead, to open the public hearing on Application No. 99006 at 8:04 p.m. The motion passed unanimously. Chair Wilson called from comments from the public. Mr. Mark Peschel, the applicant, stated the current application has evolved from an earlier plan submitted to the DNR. He explained the solarium will be a greenhouse /conservatory for plants and greenery re- located from another part of their home for more convenient care of the plants. A 3 ft. wall of natural stone will be built with the remainder of the solarium constructed of insulated glass. Mr. Peschel reviewed a project undertaken by the neighborhood in the past, under the auspices of the DNR, designed to "shore up" the river bank in the area (not related to this application), which did not prove to be very successful. Commissioner Newman inquired whether there would be reflections from the glass on the river. It was indicated while any reflection would be unlikely, depending upon the sun's location, a reflection may occur near the island in the river. Mr. Carl Wolter, 6807 Willow Lane, supported approval of the application for a variance and stated the solarium plan was a good proposal. Commissioner Newman inquired about the suggested conditions for approval outlined in the DNR letter dated July 13, 1999, and asked whether there is a need for additional planting of "native vegetation species of trees and shrubs" between the structure and the bluff. No other persons from the public appeared before the Commission during the public hearing on Application No. 99006. CLOSE PUBLIC HEARING There was a motion by Commissioner Newman, seconded by Commissioner Erdmann, to close the public hearing on Application No. 99006 at 8:22 p.m. The motion passed unanimously. Chair Willson called for questions /comments from the Commissioners. The Chair suggested consideration of the stipulations outlined in the DNR's letter dated July 13, previously referred to during discussion. Mr. Warren agreed three of the conditions would be appropriate, excluding the 07 -15 -99 3 i reference to requiring additional tree and shrub plantings because the adjacent area is heavily wooded already that obscures visibility of the proposed solarium from the river. The Commissioners discussed the stipulations, particularly the interpretation of the term "best management practices," with regard to runoff, erosion, and sedimentation during and after construction. ACTION TO ADD CONDITIONS Following discussion, there was a motion by Commissioner Reem, seconded by Commissioner Newman, to attach 3 conditions outlined in the DNR July 13 letter, to the recommendation for approval of this application. The motion passed unanimously. ACTION TO RECOMMEND APPROVAL OF APPLICATION NO. 99006 - VARIANCE REQUEST There was a motion by Commissioner Erdmann, seconded by Commissioner Newman, to recommend to the Council that it approve Application No. 99006, submitted by Mark and Katarina Peschel, 6800 Willow Lane, to allow a variance from the 100 ft. ordinary high water mark setback contained in the Interim Development Regulations for the Mississippi Critical Area on the basis that the standards for granting a dimensional variance are met, that the granting of the variance is in keeping with the spirit and intent of the ordinance and regulations and, furthermore, that the granting of the variance will not adversely affect the stated objectives of the dimensional standards of the Interim Development Regulations which are to maintain the aesthetic integrity and natural environment, to reduce the effect of poorly planned shoreline and bluffline development and to prevent soil erosion, subject to the following conditions: 1. The new structure shall be no less than 40 feet from the bluffline. 2. Existing vegetation between the structure and the river, and the structure and the bluff, shall be maintained. 3. Best management practices to minimize runoff, erosion, and sedimentation shall be utilized during and after construction. Voting in favor: Chair Wilson, Commissioners Erdmann, Newman, Rahn, Reem, and Whitehead. The motion passed unanimously. The Council will consider the recommendation at its July 26, 1999 meeting. The applicant must be present. Major changes to the application as reviewed by the Planning Commission will require that the application be returned to the Commission for reconsideration. OTHER BUSINESS FUTURE MEETING DATES 07 -15 -99 4 i There was no additional business to bring before the Commission. The next meeting of the Planning Commission will be a study session on Thursday, July 29, 1999. Mr. Warren requested the Commission's approval to present a business item regarding the Cub Foods development for consideration at that meeting. The Commissioners consented to the additional agenda item. ADJOURNMENT There was a motion by Commissioner Newman, seconded by Commissioner Whitehead, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:53 p.m. f Chair Recorded and transcribed by: Arlene Bergfalk Timesaver Off Site Secretarial, Inc. 07 -15 -99 5