June 10, 2015 Planning Commission Minutes

1. CALL TO ORDER – Chair Hoffman called the meeting to order at 7 p.m.


3. ROLL CALL - Mason, Hoffman, Tempero. Kaczanowski excused, Struck absent.

4. ADOPT AGENDA – Mason makes a motion and Tempero seconds to adopt the agenda. All votes ayes, motion carries.

a. Planning Commission Meeting Minutes from April 8, 2015 – Tempero makes a motion and Mason seconds to approve the minutes. All votes ayes, motion carries.

a. Public Hearing 4018 Sunset Drive - Sideyard Variance x 2 - Brixius said there is report from June 4th and the applicants are requesting two sideyard variances. He illustrates on the board where the home is located. Brixius explained this is a substandard lot and it doesn’t meet the sideyard setbacks. Applicant is looking to expand the home by increasing a story and adding a garage. Brixius said a substandard building is allowed if it has water and sewer. He said an expansion of a legal non conforming lot is allowed without increasing the non conformity. He said the variance is regarding the addition proposed. Brixius said hardcover will be reduced by removal of some existing hardcover. He said the building height cannot exceed 37 feet and the site plan does not illustrate sidewalks or driveways. He said they cannot exceed 40% hardcover. Brixius said soil types sometimes don’t work with so-called permeable pavers. Therefore, he is suggesting tabling this in order to get a revised site plan, show the driveway, construction details and stormwater management components.

Brixius said the surrounding properties are in keeping and character with the proposed construction. He said the variance is intended to allow flexibility where undue hardship creates practical difficulty. He said it cannot impair adequate light or air and he doesn’t think they can demonstrate that but the neighboring property has the same issue. Brixius said the suggestion is to jog the garage from the house in order to gain five feet setbacks.

Brixius said the applicant’s site plan has been discussed with the building inspector and there are restrictions with homes located close to neighboring property. He said where the home is closer than five feet, homes cannot have any openings. Three to five, window openings are allowed but they have to be fire protected windows. Brixius said the north wall ranges from 8-6.9 feet and the narrow separation of homes also yields to the suggestion about jogging the addition. Brixius said by jogging the addition it gives more flexibility to the new addition.

Brixius said another criteria is whether diminished or impaired property values occur. Brixius said this will add value to the neighboring properties and they see no detriment as far as values. Brixius said the Comprehensive Plan looks to avoid variances but it recognized there are non conforming properties in Spring Park and it is believe the proposed expansion will fit with the comprehensive plan.

Brixius said the narrowness and the size of the lot and having a building on it already demonstrates practical difficulties. He said special circumstances are not economic but rather it’s the physical nature of the existing structure. Brixius said past practice is to encourage investment in homes.

Brixius said the recommendation is to table this for a month in order to present a better site plan. He said they will take public comments this evening but the applicant is wanting to know if they should move to the next step in terms of investment to explore this further.

Hoffman opens the public hearing at 7:18 p.m. Willier said he is okay with the terms set out. Hoffman said the lot is 28 feet wide and the proposed addition is 16.5. He said with a five foot setback it would have a gain in square footage. Willier said he is getting used to the idea of offsetting the garage giving it better street appeal.
• Hoffman is wondering about the angle of the house on the property line and Brixius is in favor of this for pedestrian circulation and the allowance of the fire safety in terms of window openings.
• Willier said they were planning on removing hardcover and they currently have wood decking. He said they are now leaning towards the wood decking instead of permeable pavers in order to insure a permeable surface.
• Brixius asked Willier if they have a contractor and he recommends a pre-con meeting to make sure everything is addressed.
• Hoffman asked if the applicant was familiar with stormwater runoff and why there are hardcover restrictions. Willier said he is familiar with this.
• Mason asked if this is going to be a primary residence and Willier said it is to be in the future but right now they have two teenagers.
• Tempero said his concern is the hardcover and he likes the fact that they are willing to reduce present hardcover as it exists.
• Hoffman said he is in favor of the project if requirements suggested by the planner can be met.
• Mason agrees with Hoffman but would like to see the engineer and planner involved in order to come up with a good, workable plan.

Hoffman asked if there were any verbal or written comments taken and Lewin said she took a phone call from a neighbor who was in favor of the variance.

Hoffman looks to table and Mason makes that motion. Tempero seconds. All votes ayes, motion carries. The public hearing is to remain open because of it being tabled.

- Memo from Brixius dated June 4, 2015 w/Exhibits
- Mailing list of surrounding property owners notified

a. Council Work Session Minutes - April 27, 2015
b. Council Minutes - May 4, 2015
c. Council Minutes - May 18, 2015
d. Council Work Session Minutes - May 26, 2015


9. ADJOURNMENT – Mason makes a motion and Tempero seconds to adjourn at 7:28 p.m. All votes ayes, motion carries.