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MINUTES –
PLANNING COMMISSION – REGULAR MEETING – OCTOBER 16, 2007
The regular meeting of the Morris Planning Commission was
called to order at 5:15 p.m. this 16th day of October, 2007, by
Chairperson Kuchenreuther in the Council Chambers of the Morris Senior
Citizens/Community Center.
CALL OF THE ROLL: Roll call was taken with the following members present: Commissioners Johnson, Carpenter,
Rudney, Hoffman, Granger, and Chairperson Kuchenreuther. Absent was Commissioner Stevenson. Also present were City Manager Hill and
Ex-officio Miller.
READING AND APPROVAL OF 9/18/07 MINUTES: After discussion, Commissioner Johnson
moved, seconded by Rudney, to approve the minutes of the 9/18/07 meeting. Motion carried.
PUBLIC HEARINGS: Steven Hammond Variance Request: This hearing is on a zoning variance
request from Section 11.23, Subd. 2 D 5 (c) of the Morris City Code which
requires a 10’ sideyard setback in a residential zone. This request is by Steven Hammond, 327
Eleanor Avenue, legally described as Block 1, Lot 1, Klinker Addition, parcel
number 20-1646-100. This variance,
if granted, would allow an addition to an attached garage within 6’ of the
interior sideyard line. Hill
indicated he received no calls or questions regarding this request.
Rudney asked how Hammond would configure a driveway to the 3rd
garage door, and what would happen to the tree in the yard. Hammond indicated the tree will have to
be removed. He stated the driveway
would not be able to go straight into the street because of a drain tile. The plan is to angle it from the drain
tile back to the new garage stall.
Johnson asked how many feet the neighbor’s house is from the
property line. Hammond indicated
it is 10’; therefore it would be 16’ from building to building with the addition.
Granger indicated she has reviewed the reason for sideyard
setbacks in various planning commission resources, some of those being reducing
crowding, providing open spaces, preserving permeable surfaces hence less run
off, allowing space for planting of a buffer, safety and fire vehicle access,
reducing fire spread, and providing for general circulation. She also reviewed the criteria in the
city code regarding the granting of variances. She feels, based on these items, that this request does not
fit the test of hardship.
Hoffman indicated when this area was platted, a 2-car garage
was a plus. He feels 3-car garages
are now the standard. Granger
disagreed.
Rudney pointed out this is a corner lot. The City Code states that on a corner
lot there
shall be a front yard setback on each street side of such
lot, which means this house is
MINUTES –
PLANNING COMMISSION – REGULAR MEETING – OCTOBER 16, 2007
Steven Hammond Variance Request:
not centered on the property. He feels in essence this does create a hardship. Granger questioned if that means the
City’s regulations are bad for all corner lots. Rudney indicated he feels it is a hardship somewhat because
Hammond cannot use his property as much as his neighbor might be able to. Granger asked if this would be a case
of a pre-existing condition that came with the lot.
Hill indicated drainage should be a consideration in this
decision, along with snowfall and maintenance issues.
Johnson indicated that on previous cases like this, if the
variance request was reasonable and it didn’t affect the appearance of the
neighborhood, the Planning Commission tried to allow the variance. He does feel this would crowd the house
next door.
Rudney asked what the additional garage stall would be used
for. Hammond it would be used for
storage for his boat, motorcycle, and lawn mower. Kuchenreuther asked about the addition off the back of the
existing garage. She stated she
feels an addition could be put onto the back of Hammond’s garage and not
violate any ordinances. Hammond
indicated there is a workshop at the back of the garage that is separate from
the garage.
Kuchenreuther indicated she has a hard time understanding
how lack of boat storage is more than an inconvenience.
Hammond indicated one reason he would not be able to add
onto the back would be because of drainage issues. He indicated water drains from Bluebird Court to his back
yard and from Thomas north to his back yard, and building back there would cut
off that drainage.
Rudney indicated if the Planning Commission were to deny
this request, Hammond could build an 8’ garage without a variance.
Carpenter indicated that given the drainage issues and the
information Granger has pointed out she is hard pressed to see why the Planning
Commission would approve this request.
Rudney reiterated he feels that being on a corner lot does
give Hammond a disadvantage.
Hoffman commented the Planning Commission has issued variances with 1’
setbacks.
Kuchenreuther asked about the fence in the back yard. Hammond indicated it runs perpendicular
to Thomas Street and turns south around the back portion of his property a few
feet. The entire back yard is not
fenced.
MINUTES –
PLANNING COMMISSION – REGULAR MEETING – OCTOBER 16, 2007
Steven Hammond Variance Request:
Granger indicated she feels this falls under the category of
inconvenience as opposed to a hardship such as undersized lots in the center of
town. Hoffman pointed out this was
platted in the 1960’s.
Johnson suggested a free-standing storage building. Hammond indicated that really isn’t an
option with the lot lines and drainage issue.
Kuchenreuther indicated she feels approving this variance
would set a bad precedence in a newer part of town.
Hammond pointed out the Planning Commission did approve a
variance for someone in his neighborhood which allowed them to be 3’ from the
property line. Granger indicated
that was for a 2nd garage stall.
Commissioner Carpenter moved to call the question.
Granger indicated there are reasons for having the setback
at 10’. She feels the rules need
to be changed if they don’t fit.
Hoffman indicated he’s not sure how the rules could be changed, because
every situation is different.
Granger questioned under what circumstances a request would be
denied.
Carpenter indicated she does not understand the concept of
times have changed and we need to allow variances for 2 or 3 car garages. She feels at some point that has to be
stopped because there are concrete reasons for variances. She feels it’s not about culture, it’s
about common sense.
Hoffman stated there would be 16’ between these two
properties. Carpenter stated in
this area there are 10’ setbacks.
There is a reason for the setbacks and they are not arbitrary and
capricious. Hoffman indicated then the ordinances need to be changed to
disallow variances.
Johnson asked if the drainage can be diverted. Hill replied there wouldn’t be a lot of
things that could be done to divert the drainage. Hammond indicated this addition would not change the water
flow between his and his neighbor’s houses. Granger indicated it would add some more impervious
surface.
Commissioner Johnson moved, seconded by Hoffman, to grant
this variance as requested. With
three voting in favor, three voting against, and one absent, the motion did not
pass.
Kuchenreuther suggested the issue of sideyard setbacks be
put on a future agenda.
OTHER BUSINESS:
Future Agenda Items:
Hill indicated he will contact Chairperson Kuchenreuther in the future
when the agenda is being prepared.
MINUTES –
PLANNING COMMISSION – REGULAR MEETING – OCTOBER 16, 2007
Zoning:
Hill indicated the Planning Commission needs to finish its work on the
City’s ½ mile zoning jurisdiction so that a map can be made.
Kuchenreuther indicated she feels the City needs to get on
track with looking into the possibility of sharing a planner with the
county. Hill and Kuchenreuther
will meet to discuss what might make sense for the Planning Commission to work
on in the next 6 months.
ADJOURNMENT:
Commissioner Carpenter moved, seconded by Johnson, to adjourn. Motion carried and the meeting
adjourned at 6:30.
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