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050421 Planning CommissionCITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 PLANNING COMMISSION MINUTES May 4, 2021 City Hall, 7:00 p.m. CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to due call and notice thereof; Chair Clark called the meeting to order at 7:00 p.m. Due to the COVID-19 pandemic, this meeting was conducted virtually using the Webex video media platform. ROLL CALL Present: Scott Clark, Jim Brinkman, Chris Hanson, Matt Korkowski, Heather Koshiol, Roger Landy, Matt Mannix, Michael Redden, Tom Schmidt Absent: None Also Present: Jeff Sargent, Director of Community Development; Jeff Alger, Community Development Specialist; Al Brixius, City Planner; Stacy Woods, Assistant City Attorney; Jessi Weber, Recording Secretary NEW BUSINESS Mr. Jeff Sargent informed that with commissioner changes to sub- committees, the Codes & Standards committee needed to appoint a chair position. Commissioner Mannix was elected as chair. PUBLIC HEARING Planning Case 21-05 Items 4.1 Chair Clark introduced Item 4.1, Planning Case 21-05, variance to allow for a reduction in required side yard setback for expansion of single- family home; 7711 – 49th Avenue N, Brian & Heather Hubbard, petitioner. Mr. Jeff Alger, Community Development Specialist, gave background information on Planning Case 21-05. The applicant is requesting a variance to allow for the construction of additional living space behind the existing garage. The proposed 600 square foot addition would include a living/kitchen area, a bedroom, and a bathroom. It would connect to the existing living space through the garage. The home is a legal nonconforming structure as the northeast corner of the garage is set back 3.9 feet from the east property line. The proposed addition would extend to the south, following the east garage wall. This configuration would result in the new addition having a side yard setback ranging from 6.5 feet to 7.5 feet. The required setback is 10 feet for a living space, thus a 3.5-foot side yard setback variance is required. Next, Alger explained that since a family member would occupy the proposed addition, it may be treated as an expansion of the single - family home. There is some concern that the new addition will present a second dwelling unit to be made available for rent in the future. To ensure the property remains a single-family home, additional design considerations were recommended along with the consideration for the 2 Planning Commission Meeting May 4, 2021 variance to preserve the dwelling as a single-family home. Alger then addressed grading and drainage. Because of the reduced setback and eave encroachment, the addition should include gutters and downspouts. This detail should be added to the plans and indicate where it will outlet. Drainage patterns may not adversely affect the neighboring property. The survey must show grading and drainage contours around the new addition and existing garage to show drainage patterns. All grading and drainage plans are subject to review by the city engineer. Alger concluded that property owners within 500 feet of the parcel were notified of the public hearing by mail, a legal notice was published in the Sun Post newspaper, and a “Notice of Land Use Petition” sign was installed at the property. The city received two inquiries from neighbors who did not have concerns about the variance request. Motion by Chair Clark, seconded by Commissioner Brinkman, to open the Public Hearing. All present voted in favor. Motion carried. Pete Johnson was logged in to the meeting. He said he drives by the property and was in support of the case and just wanted to hear what was discussed during the meeting. He expressed support of the project. Motion by Chair Clark, seconded by Commissioner Landy, to close the Public Hearing. All present voted in favor. Motion carried. Chair Clark asked the applicant to introduce himself. Brian Hubbard said they have lived in New Hope for 19 years. A family member will be looking to move in with them in the near future. They were talking about moving outside the city and purchasing a house to fit those needs. In the end, they wanted to stay in New Hope and add on to their house to provide room for their family member. When Chair Clark asked if any of the commissioners had any questions, Commissioner Schmidt questioned the fire safety in having two doors located in the same corner of the addition. Mr. Alger said the initial plan was looked at the by the Deputy Fire Marshal and she did not raise concerns about the door locations. During the building permit application process, the door locations would be looked at by the inspector before approval. Chair Clark wanted to add language to the variance specifying the amount of the variance. Mr. Sargent added that the wording of a 3 .5-foot variance should be written with the request. Chair Clark asked for clarification if the variance would only apply to the addition since the garage is already legal nonconforming. Mr. Brixus stated the variance does only apply to the addition. Ms. Woods stated the plan depiction could be attached to the variance for clarification purposes. Commissioner Redden wondered if the stipulations could be added to 3 Planning Commission Meeting May 4, 2021 the variance restricting use to only a single family to prevent a duplex situation in the future. Chair Clark stated that could be added to the variance resolution of approval. Commissioner Schmidt asked if the added stipulation could be enforceable with a change of ownership. Ms. Woods replied that if it were legally recorded, the variance and requirements would run with the land. Commissioner Mannix stated the definition of the R-1 District in city code already defines properties as single family. Ms. Woods said looking at it technicially, it may not need to be defined again. Chair Clark agreed, but said adding the language may clarify for the future. The wording for the added condition of approval will be supplied by the city attorney and incorporated into the resolution for approval. Commissioner Brinkman asked if the garage is heated, or will be heated. Mr. Hubbard said there are no plans at this point to heat the garage. There will be a breezeway of sorts with the addition, and the breezeway will be heated. Motion Item 4.1 Motion by Commissioner Landy, seconded by Commissioner Redden, to approve Planning Case 21-05, variance to allow for a reduction in required side yard setback for expansion of single-family home; 7711 – 49th Avenue N, Brian & Heather Hubbard, petitioner, with the following conditions and with the addition of stating the variance amount will be 3.5 feet and the addition will be occupied by a family member: 1. All utilities (sewer, water, electric, gas, etc.) to the addition shall be extended from the existing house. 2. The property shall have one house address and mailbox. Address numbers of a contrasting color to their background at least four inches in height shall be added to the front of the home or garage. 3. The addition shall be constructed with the same materials, color, and design of the existing home. 4. The addition shall share an internal access with the principal home. 5. Roof gutters and downspouts shall be installed on the east side of the existing garage and the new addition in order to collect roof drainage and direct storm water away from the property to the east. 6. Site grading and drainage related to the expansion shall be subject to review and approval by the city engineer. Mr. Sargent wanted to amend the wording to reflect the house shall be used according to the definition of a single-family home from the city code 4 Planning Commission Meeting May 4, 2021 so that the property does not become a duplex. Commissioner Landy accepted amendment. Voting in favor: Clark, Brinkman, Hanson, Korkowski, Koshiol, Landy, Mannix, Redden, Schmidt Voting against: None Absent: None Motion approved 9-0 Chair Clark stated the case will be brought to the May 24, 2021 City Council meeting. COMMITTEE REPORTS Design and Review Committee Item 5.1 The next potential meeting is on May 13, 2021. If an application is submitted, staff will notify commissioners of the meetings. Codes and Standards Committee Item 5.2 There currently is no meeting scheduled. There are a few topics in queue, so a meeting will be set up in the next couple of months. Staff will notify with the meeting date and time. NEW BUSINESS OLD BUSINESS Approval of Minutes Item 7.1 Motion by Commissioner Landy, seconded by Commissioner Schmidt, to approve the Planning Commission minutes of April 6, 2021. Motion carried. ANNOUNCEMENTS ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 7:40 p.m. Respectfully submitted, Jessi Weber, Community Development Administrative Specialist