HomeMy WebLinkAbout08-19-10 work sessionMeeting Notes
Planning Commission Work Session
Thursday, August 19, 2010
Marion Conference Room
The Planning Commission work session commenced at 7:25 p.m. in the Marion Conference
Room at City Hall.
Commissioners Present: Chair Davis, Adler, Drotning, Glad, Grenz, Lillehei, and Maguire.
Staff Present: Planning Director Daryl Morey, Associate Planner Allyn Kuennen, and City
Attorney Roger Knutson.
Chair Davis opened the work session.
Fence Setback Reauirements
Planning Director Daryl Morey presented an issue regarding the setback requirement for fences
on single family residential corner lots abutting local streets that has recently come to staff's
attention. He stated that prior to the 2000 Zoning Ordinance Update there was no setback
requirement for single family residential fences on corner lots abutting local streets. The 2000
Zoning Ordinance update required privacy fences constructed in the side yards of single family
corner lots abutting local streets to meet the building setback requirement for the respective
zoning district, which is 20 feet in the RS -3, RS -4 and RS -CBD districts and 30 feet in the RS -1
and RS -2 districts. The purpose of the increased setback requirement was to maintain the view
corridor along the street frontage as well as to ensure adequate visibility at intersecting street
corners and for adjacent homeowners backing out of their driveways for traffic safety purposes.
Because of confusion over the way the residential fence requirements were worded, for the past
10 years City staff has only required a 10 foot setback for fences in the side yards of single
family corner lots abutting local streets, regardless of whether the fence was privacy or chain
link. Planning Department staff is seeking the Planning Commission's feedback on this setback
requirement.
After discussing this fence setback issue, the Planning Commission concurred with a uniform 10
foot setback for fences in the side yards of single family corner lots abutting local streets
consistent with staff's issuance of fence permits for the past 10 years. Mr. Morey stated that an
amendment to the Zoning Ordinance to reflect this recommended change will be presented to
the Planning Commission in the coming months.
Variance Hardship Criteria
City Attorney Roger Knutson summarized the impacts of the June 2010 Minnesota Supreme
Court decision on a court case involving a variance in the City of Minnetonka and presented
changes to the Zoning Ordinance that he is recommending as a result of that court case. In
effect, the Minnesota Supreme Court overturned the hardship criteria that have been utilized for
Planning Commission Work Session
August 19, 2010
the past 20 years; criteria that were based upon a variance case decided by the Minnesota
Court of Appeals in 1989. The ruling in the Minnesota Supreme Court case impacts the
variance hardship criteria listed in Chapter 11 -6 -5 of Lakeville's Zoning Ordinance.
The Planning Commission made the following comments:
• Section 2 of the draft ordinance amendment should be broken into two sections, one for
the principal single family structure and one for accessory structures.
• Allow expansions to commercial and industrial buildings with legal non - conforming
setbacks similar to the wording in subparagraph E under Section 2 provided the
expansion does not exceed 50 (or 100)% of the size of the non - conforming building
existing on the date of the ordinance amendment.
• Suggested staff research past variance requests to determine if there are any
inconsistencies in Zoning Ordinance requirements that could be corrected with an
amendment to the ordinance to preclude similar variance requests.
The Planning Commission concurred with staff's recommendation to amend the Zoning
Ordinance to address this variance issue in the coming months with the recommended fence
setback modification and any other changes to the Zoning Ordinance that are identified by staff
as part of their follow -up analysis of the 2010 Zoning Ordinance Update approved in May.
The work session was adjourned at 8:30 p.m.
Ily submitted,
rey, Plan6ir)g Director
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