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Home My WebLink About2015 11-12 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 NOVEMBER 12,2015 1. CALL TO ORDER The Planning Commission meeting was called to order by Chair Christensen at 7:03 p.m. 2. ROLL CALL Chair Randy Christensen, Commissioners John MacMillan, Stephen Schonning, Rochelle Sweeney, and Susan Tade were present. Commissioners Alexander Koenig and Carlos Morgan were absent and excused. Also present were Secretary to the Planning Commission Tim Benetti, Director of Business & Development Gary Eitel, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. 3. APPROVAL OF AGENDA There was a motion by Commissioner Schonning, seconded by Commissioner MacMillan, to approve the agenda for the November 12, 2015 meeting. The motion passed. 4. APPROVAL OF MINUTES—NOVEMBER 12, 2015 There was a motion by Commissioner Sweeney, seconded by Commissioner Tade, to approve the minutes of the October 29, 2015 meeting as submitted. The motion passed. 5. CHAIR'S EXPLANATION Chair Christensen 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. 6. PLANNING APPLICATION ITEMS 6a) CONSIDERATION OF ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE OF ORDINANCES REGARDING DECKS AND PORCHES AS AN ALLOWABLE ENCROACHMENT INTO CERTAIN RESIDENTIAL YARD SETBACK AREAS AND ADDING NEW DEFINITIONS OF DECKS AND PORCHES. Secretary to the Planning Commission Tim Benetti went over the ordinance amendment process and the proposed changes to the ordinance under sections 35-400 and 35-900. PC Minutes 11-12-15 Chair Christensen asked if the word "unattached" should be taken out of the deck definition under section 35-900. Mr. Benetti stated that he would like to keep it because the deck language is universal and he would like to keep "attached to a dwelling" under PORCH, ENCLOSED and PORCH, UNENCLOSED because there is a definition for accessory structures. Chair Christensen asked if a gazebo would not be allowed if there was already a shed on the property. Mr. Benetti and Director of Business & Development Gary Eitel stated that the code has always allowed for two accessory structures and the garage is considered an accessory structure. Commissioner MacMillan inquired about tuck under garages. Mr. Benetti replied that any garage is considered an accessory structure and in order for it not to be considered a garage, the appearance needs to be altered and the door needs to be removed. He stated that after work is done on the Comprehensive Plan, zoning ordinances are updated and this ordinance is in need of an update. He asked Commissioners to keep this issue in mind when the ordinance is being updated. Commissioner Sweeney inquired about the "PORCH, ENCLOSED" definition allowing for the porch to be heated and previous concerns about residents using the structure as living quarters. She asked how this can be prevented. Mr. Benetti replied that this would be a code enforcement issue and if the porch is turned into a living space, it will never meet building code requirements. Additionally, there would be a problem with selling the house and passing inspection. Chair Christensen asked if there should be a definition for platform. Discussion took place on what constituted a platform. It was decided that a definition was not necessary. Mr. Benetti went over the allowable encroachments for front decks and porches illustration and stated that it would be included in the City's deck and accessory structure pamphlet. He asked Commissioners how they felt about allowing residents to install a wrap-around deck and asked if Commissioners want to re-weigh the 50% of the face of the house and 240 square foot size thresholds. Commissioner Tade asked if the wrap-around deck would be considered one deck. Mr. Benetti answered affirmatively. Mr. Benetti stated the ordinance would have to be changed and that he thought the maximum allowable size of the deck was directed by the Housing Commission. Commissioner Tade stated her concern about the illustration was that it showed two decks on one house and it could be misleading. Discussion took place regarding the illustration and Mr. Benetti stated that in order to avoid confusion he would take out the building setbacks and show the minimums. Mr. Eitel stated that this ordinance change is addressing the permitted encroachment into a regulated setback area. PC Minutes 11-12-15 -2- Commissioner Sweeney asked if"for illustration purposes only" wording needed to be added to the corner lot diagram. Mr. Benetti replied that this will not be for the ordinance and there is no current ability to put an illustration into building code. Commissioner Sweeney confirmed that people would not get the idea that they could put two decks on. Mr. Benetti replied that they would not and that this illustration will go in a pamphlet. Ile stated that if the Commission wanted to allow for a wrap-around deck, Planning Staff would present ideas or suggestions to the Housing Commission and the ordinance could,be adjusted. Chair Christensen asked if the ordinance is prohibiting a porch running the entire length of the home and referenced townhome development architecture that contain this element. Mr. Benetti stated that the ordinance would prohibit this. Chair Christensen stated that he would like residents to have the ability to put a porch on the whole width of the house and talked about how the ordinance would allow for neighbors to have different size decks. Discussion took place regarding the implications of taking out the following from the ordinance: "the width of'the allowable deck or porch does not exceed 20 feet or fifty percent (50%) of the face of the house, excluding the garage, whichever is greater;" and leaving the following in the ordinance: "the maximum allowable size of the deck or porch does not exceed 240 square feet in total size,-". Mr. Benetti stated that Councilmembers have previously said they wanted to encourage front yard use and that was the goal of the ordinance. He believes that an allowance for an extension on the width and a 240 square foot limitation would be sufficient. Chair Christensen stated that he prefers that the 50% width limitation be taken out of the ordinance. Commissioner Tade asked if a variance could be used for residents with larger houses. Mr. Benetti replied affirmatively. There was a majority consensus to remove "the width of the allowable deck or porch does not exceed 20 feet or fifty percent (50%) of the face of the house, excluding the garage, whichever is greater;" from the ordinance. Mr. Benetti will adjust the illustration and bring it back before the Commission as an open discussion item and will include it as part of the City Council's information packet. ACTION TO BRING THE ORDINANCE IN ITS DRAFT FORM BEFORE THE CITY COUNCIL FOR CONSIDERATION WITH THE REMOVAL OF "THE WIDTH OF THE ALLOWABLE DECK OR PORCH DOES NOT EXCEED 20-FEET OR FIFTY PERCENT(50%2 OF THE� FA CE OF THE HOUSE, EXCLUDING THE GARAGE WHICHEVER IS GREATER; PC Minutes 11-12-15 -3- There was a motion by Commissioner MacMillan, seconded by Commissioner Tade, to bring the ordinance in its draft form before the City Council for consideration with the removal of "the width of the allowable deck or porch does not exceed 20 feet or fifty percent (50%) of the face of the house, excluding the garage, whichever is greater;". Voting in favor: Chair Christensen, Commissioners MacMillan, Schonning, Sweeney, and Tade. And the following voted against the same: None The motion passed unanimously. 7< DISCUSSION ITEMS 7a) CONTINUATION OF THE REVIEW AND INPUT IN THE COMMUNITY DEVELOPMENT ACTIVITIES AND PROJECTS MAP FOR 2015 Director of Business & Development Gary Eitel, reviewed the 2015 Community Development Activities and Projects Map. He asked Commissioners for input on the development activities and stated that the City's Comprehensive Plan will be updated next year. 8. OTHER BUSINESS Chair Christensen encouraged Commissioners to take advantage of educational opportunities as they arise. Discussion took place regarding a Comprehensive Plan educational event and inviting other cities to participate; Planning Staff providing Commissioners with information regarding BCU when it becomes available; and distribution of GTS information. There were no other discussion items. 9. ADJOURNMENT There was a motion by Commissioner Sweeney, seconded by Commissioner Tade, to adjourn the Planning Commission meeting. The motion passed unanimously. The meeting adjourned at 8:27 p.m. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. Certification of Minutes CITY OF BROOKLYN CENTER ) The undersigned, being the duly qualified and assigned Secretary to the Planning Commission of the City of Brooklyn Center, Minnesota, certifies: PC Minutes 11-12-15 -4- 1. That attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the Planning Commission of the City of Brooklyn Center held on November 12, 2015. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the Planning Commission approved said minutes at its December 17, 2015 regular meeting. - I Tim enetti, Secretary Randall Christensen, Chair PC Minutes 11-12-15 -5-