Agenda - Planning Commission - 08/26/2021

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Further discussion Senior Planner McGuire Brigl noted that findings of fact would be needed supporting that the request meets the variance criteria. She stated that it could be stated that this is a unique situation because it is a small property with the backyard encumbered by wetland. Chairperson Bauer noted that the character of the property was not caused by the applicant. Senior Planner McGuire Brigl commented that it could be stated that this is not for economic reasons and instead for the applicant to enjoy their property. Commissioner Walker stated that he did not see another location where the shed could be placed that would not hinder his property and/or impact his property value if he were to sell the property. Senior Planner McGuire Brigl stated that perhaps it could be said that other properties have similar sheds. Commissioner VanScoy noted that the swing set could be moved and the shed could go to that location, therefore that would be an alternative. Motion Carried. Voting Yes: Chairperson Bauer, Commissioners Dunaway, Walker, and Peters. Voting No: Commissioners Anderson, and VanScoy. Absent: Commissioner Gengler. Commissioner VanScoy stated that when the Commission reviews a variance they can think something looks okay but the Commission is held to the standard. He noted that if there is an alternative space for something, a variance would not be appropriate. He stated that he does feel for the property owners because of their small property but he also has a small property and is not allowed to have a shed. He urged the Commission to think about the long-term impact of the decision and not make decisions based upon emotion or aesthetic. Senior Planner McGuire Brigl commented that if the Planning Commission desired to remove side yard setbacks for accessory structures it could direct staff to bring something back. Chairperson Bauer stated that perhaps staff reviews regulations of neighboring communities. City Planner Anderson stated that even if the side yard setback is removed for an accessory structure, there would still be drainage and utility easements that would be encroached upon and would require approval. Commissioner Anderson stated that if side setbacks are removed, people would start building on the property line and possibly encroaching. He commented that there is good reasoning to have setbacks and the Commission should stay with that. Commissioner Peters stated that perhaps there is something on the website that makes it easier for residents to find information for the most common types of requests that the Commission sees for variances. Senior Planner McGuire Brigl commented that there is an accessory structure handout that is easily accessible on the City website with all requirements. Commissioner Dunaway stated that he was comfortable with this approval because there is a standalone building that is movable, if it needs to be moved. Planning Commission/ July 22, 2021 Page 8 of 22