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HomeMy WebLinkAbout10-04-12CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES October 4, 2012 Chair Lillehei called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The pledge of allegiance to the flag was given. Members Present: Paul Reuvers, Bob Boerschel, Gerry Grenz, Karl Drotning, Ex- officio Shawn Fitzhenry, and Chair Brooks Lillehei Members Absent: Bart Davis and Linda Maguire Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The September 20, 2012 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that provided tonight's agenda item does not get tabled, the October 18, 2012 Planning Commission meeting will be cancelled due to lack of agenda items. Mr. Morey also indicated that if there would be any plats to consider at the November 1 St Planning Commission meeting, the Parks, Recreation and Natural Resources Committee would have to meet on either October 30 or 31 (Halloween). He suggested that the November 1 St meeting be moved to November 8 t The Recording Secretary will send out an e-mail to survey the Planning Commission to be sure there would be a quorum if the meeting was moved to November 8 th 5. Gary Sarff Chair Lillehei opened the public hearing to consider the application of Gary Sarff for a Conditional Use Permit to allow the construction of a shed resulting in total accessory building area greater than 750 square feet on property zoned RST -2, Single and Two Family Residential District, and located at 11347 — 178 t Street. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Gary Sarff's wife, Trisha, presented an overview of their request. Ms. Sarff stated that the shed is to store yard maintenance tools, a four - wheeler and trailer. She Planning Commission Meeting Minutes, October 4, 2012 Page 2 indicated that they have talked with their neighbors and nobody had an objection to them putting up a shed. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the conditional use permit (CUP) is required because the combined area of the attached garage and detached accessory building will exceed the maximum 750 square feet allowed by the Zoning Ordinance for the RST -2, Single and Two Family Residential District unless approved by conditional use permit. Mr. Dempsey indicated that this will be a typical garden shed measuring 12' x 16' and will be located in the northeast rear corner of the property. He pointed out that he included in the Planning Commission packet a list of previously approved accessory building CUPs and an e-mail received from a neighbor stating no objection to the request. Mr. Dempsey stated there are Findings of Fact for the Planning Commission's review and that Planning Department staff recommends approval of the CUP, subject to the 6 stipulations listed in the September 26, 2012 planning report. Chair Lillehei opened the hearing to the public for comment. Ms. Sarff commented that they are proposing to turn the shed such that the door faces south, not east as shown on the survey and plans submitted with their CUP application. Mr. Dempsey commented that this modification can be accommodated with a modification to the survey submitted with their building permit application. Motion was made by Boerschel, seconded by Drotning to close the public hearing at 6:08 p.m. Ayes: Reuvers, Boerschel, Lillehei, Grenz, Drotning. Nays: 0 Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • Asked how the staff confirms that setback requirements are met for detached garages. Mr. Dempsey indicated that the applicant applies for a building permit, includes a survey showing the location of the shed, and then the Building Inspection Department inspects the shed placement to make sure it meets the setback requirements. • Confirmed that the City of Lakeville does not enforce covenants. Mr. Dempsey added that this particular homeowners association has been disbanded so there are no covenants being enforced. • There was a short discussion regarding homeowners associations, whether the City knows how many of them are still functioning, and what happens when they Planning Commission Meeting Minutes, October 4, 2012 Page 3 disband. Mr. Morey commented that the City Attorney has indicated to staff that the City can require the establishment of a homeowners association with the initial townhome development, but after that occurs, it is basically out of the City's control and there is no guarantee that the homeowners association will continue in perpetuity. There was some concern expressed regarding the maintenance of private streets and infrastructure if the homeowners association disbands. Commissioner Grenz stressed that this shed cannot be used as a garage for vehicles because there is no driveway to it and because the access door is too small. The applicant agreed. Motion was made by Drotning, seconded by Reuvers to recommend to City Council approval of the Gary Sarff Conditional Use Permit to allow the construction of a shed resulting in total accessory building area greater than 750 square feet on property zoned RST -2, Single and Two Family Residential District, and located at 11347-178 th Street, subject to the following stipulations: 1. The proposed detached accessory building shall be constructed in the location identified on the certificate of survey submitted with the conditional use permit application as prepared by James R. Hill, Inc. and dated August 27, 2012. 2. The detached accessory building shall be constructed with wood siding and asphalt roof shingles and to the size and height identified on the plans submitted with the conditional use permit application. 3. A building permit must be approved by the City prior to construction of the new detached accessory building. 4. No sewer or water service shall be provided to the detached accessory building. 5. The detached accessory building shall be kept, used and maintained in a manner that is compatible with the existing single family detached townhome on the property and shall not present a hazard to the public health, safety and general welfare. 6. No home occupation shall be permitted within an accessory building on the property. The accessory building shall not be used for the operation of any commercial business or storage of commercial equipment. Ayes: Boerschel, Lillehei, Grenz, Drotning, Reuvers. Nays: 0 There being no further business, the meeting was adjourned at 6:15 p.m. The Planning Commission immediately went into a work session. Respectfully submitted, Planning Commission Meeting Minutes, October 4, 2012 6, Penny B , Recording Se etary ps -..ZWAI .� Brooks - Page 4