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03-04-2014 Planning Commission March 4, 2014 The Scandia Planning Commission held their regular monthly meeting on the above date. Vice Chair Jan Hogle called the meeting to order at 7:00 p.m. The following were in attendance: Commissioners Sue Bies, Jan Hogle, Steve Philippi, Dan Squyres. Commission Chair Christine Maefsky was absent. Staff present: City Administrator Kristina Handt, City Planner Sherri Buss and Deputy Clerk Brenda Eklund. Council member Ness was also in attendance. APPROVAL OF AGENDA, MINUTES Squyres, seconded by Philippi, moved to approve the agenda as presented. The motion carried 4-0. Philippi, seconded by Squyres, moved to approve the February 5, 2014 minutes as presented. The motion carried 4-0. PUBLIC HEARING: MINOR SUBDIVISION AT 21602 MEADOWBROOK AVENUE. CHRISTOPHER AND JENNIE FERDERER, APPLICANTS (RESOLUTION NO. 03-04- 14-01) Christopher and Jennie Ferderer, along with property owners Gary and Margaret Olson, of 21602 Meadowbrook Avenue, have applied for a Minor Subdivision. They are proposing to subdivide the 10-acre parcel to create a 6.23-acre parcel with the existing home, and a 3.77-acre parcel. The smaller parcel is proposed to be developed with a new single-family home. Planner Sherri Buss presented the staff report which found the request to be consistent with the land use goals of the Comprehensive Plan. Buss explained that the subdivision will result 5 buildable lots within the 40-acre area. Currently this area includes two residential dwellings – the existing home at 21602 Meadowbrook, and a home on the southwest parcel. If a new home is constructed on the 3.77 acres, another owner will still be able to add one more dwelling unit within the 40-acre area. Buss noted that the subdivision meets the requirements and intent of the Comprehensive Plan which allows for a maximum density of 4 dwelling units per 40 acres. Buss went on to explain that the request meets the requirements of the Development Code for lot size, buildable area, road frontage, building setbacks and access. The applicants must obtain the required septic system permit from the County prior to a building permit being issued for the new dwelling. Buss recommended that a park dedication fee of $3,000 be collected in lieu of land for the creation of the new 3.77-acre parcel, to be paid before approval of the final plat. City records indicated that the owners paid a park fee in 2005 when the 10-acre parcel was created. Buss summarized an approval of the request with conditions written into a resolution. Vice Chair Hogle opened the public hearing at 7:12 p.m. There were no comments and the hearing was closed. Administrator Handt relayed an e-mail from Chair Maefsky in which she recommended denial of the request based on concerns of exceeding the 4 per 40 density and the potential of creating unbuildable lots. Handt explained Attorney Pratt’s position that the staff recommendation is March 4, 2014 Scandia Planning Commission Page 2 of 2 compliant with the Comp Plan and Development Code as the language clearly indicates “dwelling units”. Handt stated that if the Commissioners decide to deny the request, they would need to formulate findings of fact. Buss stated that the e-mail does raise good issues to continue the discussion about intended changes to the language in the Code, to be further discussed at the next meeting. Buss clarified that as it stands now, the request meets the law. Buss relayed information from Assessor Frank Langer concerning tax implications of property being defined as buildable or not. If a parcel meets the definition of buildable lot, the parcel would be taxed at that value. If the City were to inform him that a parcel cannot be developed due to density limits (making it unbuildable), he would reassess and lower the value. Commissioner Philippi stated that he could see no reason not to recommend approval as the minor subdivision meets the intent of the law. Bies, seconded by Squyres, moved to recommend to the City Council approval of Resolution No. 03-04-14-01, Approving a Minor Subdivision for 21602 Meadowbrook Avenue. The motion carried 4-0. This recommendation will be heard at the March 18, 2014 City Council meeting. PUBLIC HEARING: ORDINANCE NO. 152, AMENDING CHAPTER 2, SECTION 4.26 TEMPORARY DWELLING UNIT DURING CONSTRUCTION Administrator Handt summarized the proposed changes to Section 4.26, Chapter 2 of the Development Code, as discussed at the February meeting. The interim use permit to allow for a temporary dwelling unit during construction may be issued for up to one year before expiring, and allows for an option to extend the removal of the temporary dwelling beyond 30 days (but not to exceed 90 days). Vice Chair Hogle opened the public hearing at 7:32 p.m. There were no comments and the hearing was closed. Philippi, seconded by Bies, moved to recommend to the City Council approval of Ordinance No. 152, Amending the Development Code, Chapter 2, Section 4.26 Regarding Temporary Dwelling Unit during Construction. The motion carried 4-0. ADJOURNMENT Squyres, seconded by Bies, moved to adjourn the meeting. The motion carried 4-0. The meeting adjourned at 7:34 p.m. Respectfully submitted, Brenda Eklund Deputy Clerk