Loading...
HomeMy WebLinkAbout04-09-2009 Minutesr.: CITY OF OAK PARK HEIGHTS PLANNING COMMISSION MEETING MINUTES Thursday, April 9, 2009 Call to Order: Chair Wasescha called the meeting to order at 7:00 p.m. Present: Commissioners Bye, LeRoux, Liljegren and Powell; City Administrator Johnson, City Planner Richards and Commission Liaison Abrahamson. Agenda Approval: Commissioner Powell, seconded by Commissioner Liljegren, moved to approve the Agenda as presented. Carried 5 — 0. Approve Minutes of March 12, 2009: Commissioner Powell, seconded by Vice -Chair Bye, moved to approve the Minutes as presented. Carried 5 — 0. Department /Commission Liaison & Other Reports: Commission Liaison Abrahamson informed the Commission that the City Council awarded the City Hall project to Jorgenson Construction and that ground was expected to be broken in mid -May, 2009. Visitors /Public Comment: None. A. Continued: Doug Corblick to consider request for Site Plan Review and Conditional Use Permit related to construction and placement of a playhouse /tool shed accessory building, located at 15471 58 St. N. City Planner Richards reviewed the April 1, 2009 planning report as to the CUP request noting that the original request was for a side yard variance and conditional use permit for two accessory structures and that City Council amendment to Ordinance 401.15.D. as related to accessory buildings eliminated the need for the variance. Richards clarified that the discussion of the public hearing is for three conditional use permits to locate the accessory building within a side yard; to locate it within the five foot side yard setback requirements; and for two accessory structures. Richards provided an issue analysis and discussed items to the request and concluded his report with a staff recommendation, subject to the conditions noted within the report. Brief discussion ensued as to the report recommendation that the structure not be repaired or replaced unless it is brought into conformance with the Zoning Ordinance should it become destroyed by more than 50 percent of its value and specifically how the value would be determined. Richards stated that the condition and value would be determined by the Building Official should the situation arise. Planning Commission Minutes April 9, 2009 Page 2 of 4 Chair Wasescha opened the hearing for public comment. There being no visitors to the public hearing, Wasescha closed the hearing. Wasescha stated that he felt the requests were straight forward and didn't see any issues and asked for Commission comment. Commissioner LeRoux, seconded by Commissioner Powell, moved to recommend City Council approval of the requests subject to the conditions noted within the April 1, 2009 planning report, specifically that: The applicant shall provide a signed copy of the Encroachment Licensing Agreement from Northern States Power Company. All provisions of the agreement shall be complied with by the applicant /property owner. The applicant /property owner shall not make additions to the structure. If the structure is destroyed by more than 50 percent of its value, it shall not be repaired or replaced unless brought into conformance with the Zoning Ordinance. Carried 4 — 0. B. Outdoor Wood Burning Furnaces to consider amendments to Oak Park Heights City Ordinance, Section 1100, adding chapter 1124 to include the regulation of outdoor wood burning furnaces. City Planner Richards advised the Commission of the City Council's discussion of the issue and of their interest in providing regulations to the City Code of Ordinances to allow outdoor wood burning furnaces with appropriate limitations and conditions for the City of Oak Park Heights. Richards noted that the City Council has sent the matter to the Planning Commission for their input and public hearing in order to serve public interest. Richards reviewed his April 2, 2009 memo and proposed Ordinance amendment and discussed the same in relation to content, how many furnaces were thought to be in place at the moment, how the matter came up for discussion and what the City Council sought from the Commission at the end of the public hearing. Chair Wasescha opened the public hearing and invited public comment. Don McComber of 5728 Penfield Ave. N. noted that the wood stoves that are already in garages and other places would not meet the criteria of the ordinance and questioned how they would be affected by ordinance as there is no reference of any kind to existing wood burning in garages. Planning Commission Minutes April 9, 2009 Page 3 of 4 Craig Freeman of 5703 Peller Ave. N. stated that he felt that if someone wants to put a wood burning boiler in such as being discussed and it meets the requirements they should be allowed to. He also stated that he felt the restriction of the amount of wood permitted to be stored was too restrictive, noting that wood needs to dry & cure before it can be used. City Administrator Johnson noted the importance of having regulations for wood burning furnaces so that those who desire to install one is aware of their limitations and to also have rules in place for neighbors who may have a concern about such a unit so that the City may investigate the situation within appropriate context versus through the general nuisance ordinance. Commission discussion ensued as to chimney heights and EDA Phase II requirements. Keith Bruchu of 5653 Penrose Ave. N. questioned how code changes to building heights and the ordinance would affect existing homes. City Planner Richards stated that he believed existing homes would be grandfathered and suggested that Mr. Bruchu contact the Building Official to clarify. There being no further visitors to the public hearing, Chair Wasescha closed the public hearing and asked the Commission for comment. Discussion ensued regarding the conditions of the report with some amendments suggested to seasonal use, wood storage restriction, chimney heights, and possible language denoting that the ordinance does not include wood burning stoves. There was general consensus that an ordinance establishing guidelines for wood burning furnaces was appropriate. Chair Wasescha, seconded by Commissioner Powell, moved to recommend to the City Council their support of the Ordinance as per the City Planner's report with amendment to the same removing the restriction of wood storage, clarifying the chimney height language, removing the restriction of when such a furnace may be operated, and suggested that it be clarified that this ordinance does not affect wood burning stoves. Carried 5 — 0. New Business: A. Design Guidelines Update City Planner Richards advised the Commission that the City Council will be reviewing the Design Guidelines in context to the City's needs and that he will keep them informed as to the discussion. Old Business: None. Planning Commission Minutes April 9, 2009 Page 4 of 4 Informational: A. Upcoming Planning Commission Meetings May 14, 2009 7:00 p.m. (Council Chambers) June 11, 2009 7:00 p.m. (Council Chambers) B. Council Representative April —Vice Chair Bye May — Chair Wasescha June — Commissioner LeRoux Adjournment: Commissioner Powell, seconded by Commissioner Bye, moved to adjourn the meeting at 7:48 p.m. Carried 5 — 0. Respectfully submitted, J I e A. Hultman Planning & Code Enforcement Officer Approved by the Planning Commission: