05-24-2005 PC MIN - Laserfiche WebLink

Home Browse Search

Planning Commission Minutes Page 8 May 24, 2005 --------------------------- passage of changes to the nonconforming legislation, there is not as great an impact on property owners when property is rezoned. Chair Anderson opened the public hearing. There being no one to speak to this issue, Chair Anderson closed the public hearing. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER WESTGAARD TO RECOMMEND APPROVAL OF THE ZONE CHANGES FOR THE PARCELS, WITH THE EXCEPTION OF PARCEL NO. 6 AND PARCEL NO. 8, AS DESCRIBED IN THE STAFF REPORT TO THE PLANNING COMMISSION DATED MAY 24, 2005, CASE NO. ZC 05-01, BASED ON THE FOLLOWING FINDINGS: 1.THE ZONE CHANGE WILL BE CONSISTENT WITH THE LAND USE MAP. 2.THE ZONE CHANGE WILL NOT ADVERSELY IMPACT ADJACENT PARCELS. 3.THE ZONE CHANGES PROMOTE THE VISION STATED WITHIN THE CITY’S COMPREHENSIVE PLAN. MOTION CARRIED 6-0. 5.7. Request by City of Elk River for an Ordinance Amendment to Section 30-01 “Definitions” and Section 30-795 “Yard Regulations”, Case No. OA 05-08 Director of Planning Michele McPherson reviewed the proposed amendment to Section 30- 01 “Definitions” and Section 30-795 “Yard Regulations”. She explained the existing and proposed language for both amendments. Staff recommends approval of the revised ordinance language as presented in the staff report to the Planning Commission dated May 24, 2005. Commissioner Scott asked if the setback is measured at the wall of a structure or the roof line. Ms. McPherson stated that measurements are from the building line, which is the foundation. Commissioner Westgaard asked for clarification on retaining walls between homes. Ms. McPherson stated that retaining walls are allowed in the setback, but not in the easement. Commissioner Westgaard stated that he is aware of instances where homeowners have gone together to put one continuous retaining wall between two homes. Ms. McPherson stated that they try to catch these types of issues as building permits come in, but that no permit is required for retaining walls. Mr. Harlicker stated that an approved grading and drainage plan is required prior to issuance of building permits, and that if a retaining wall is shown on the plans, staff makes the builder/owner aware that retaining walls cannot be built in the easement. Commissioner Westgaard stated that he felt this issue would be difficult to enforce. Mr. Harlicker stated that if the drainage is altered and problems arise due to the retaining wall, a homeowner could be required to remove it. Chair Anderson opened the public hearing. There being no one else to speak to this issue, Chair Anderson closed the public hearing. MOTION BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER STEVENS TO RECOMMEND APPROVAL OF THE