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Home My WebLink About06-20-13CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES June 20, 2013 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: Linda Maguire, Bob Boerschel, Chair Brooks Lillehei, Paul Reuvers, Gerry Grenz, Joe Blee Members Absent: Karl Drotning, Jason Swenson, Ex- officio member Shawn Fitzhenry Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The May 23, 2013 Planning Commission meeting minutes were approved as presented. 4. Announcements Mr. Morey stated that the following items were distributed to the Planning Commission at tonight's meeting: 1. Letter from Rollin Lau dated June 20, 2013. Mr. Morey reminded the Planning Commission that there will be no meeting on July 4 th due to it being a holiday. He indicated that the next Planning Commission meeting is scheduled for July 18 but staff is considering rescheduling that meeting to July 25 and also to rescheduling the August meetings from August 1 St and 15 to August 8 th and 22 to align with the Parks, Recreation and Natural Resources Committee and City Council meeting dates. 5. Rollin Lau Chair Lillehei opened the public hearing to consider the application of Rollin Lau for a Conditional Use Permit to allow the construction of a detached accessory building resulting in the total accessory building area on the property greater than 2% of the lot area as allowed in the RA, Rural /Agricultural District, located at 16218 Laigle Avenue. Mr. Lau was not in attendance yet, so Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Mr. Lau has submitted an application for a conditional use permit to allow the construction of a detached accessory building on his property that will exceed the maximum allowable accessory building Planning Commission Meeting Minutes, June 20, 2013 Page 2 square footage in the RA, Rural /Agricultural District. He stated that Mr. Lau's property is two acres in size and the Zoning Ordinance allows a maximum accessory building area of two percent of the total lot area, or 1,742 square feet in Mr. Lau's case, without a conditional use permit. Mr. Dempsey stated that Mr. Lau is proposing a 2,224 square foot detached accessory building. Mr. Dempsey identified the non - conformities on the property which must be brought into compliance as a stipulation of the conditional use permit. He indicated that staff is recommending that the proposed location of the accessory building be shifted 12 feet to the east in order to meet a 30 foot setback from a potential street right -of -way dedication if Laigle Avenue is upgraded in the future. Mr. Dempsey stated that staff recommends approval of the Lau Conditional Use Permit subject to the 9 stipulations listed in the June 14, 2013 planning report. The Planning Commission took a short recess until Mr. Lau arrived. Recess at 6:11 Reconvened at 6:26 Mr. Lau presented an overview of his request. Mr. Lau distributed a revised survey of his property to the Planning Commission and staff. The revised survey addresses stipulation 2 of the June 14 planning report by shifting the proposed detached accessory building approximately one foot to the west in order to meet the ten foot setback requirement to the house. He explained that he would prefer to not have the proposed accessory building set back an additional 12 feet from the front property line as stated by stipulation 1 of the June 14 planning report. Mr. Lau stated that if he did this, there would not be enough room to access the accessory building as intended from the south /front of the building. Mr. Lau explained that he has already removed the two metal sheds and the tarp building from the property, which are identified as non - conforming in the June 14 planning report. He requested that the storage pod that is currently on his property be allowed to stay until September 15, 2013 because the items in the pod will be put into the new proposed accessory building after construction is completed. Chair Lillehei opened the hearing to the public for comment. Cliff Thom, 12145 162" Street Mr. Thom's concern was what the proposed accessory building will look like. He stated that there have been other large accessory buildings built in the area and he wanted to be sure that this would be a nice looking building. Motion was made by Blee, seconded by Boerschel to close the public hearing at 6:32 p.m. Ayes: Maguire, Boerschel, Lillehei, Reuvers, Grenz, Blee Planning Commission Meeting Minutes, June 20, 2013 Nays: 0 Page 3 Chair Lillehei asked for comments from the Planning Commission. Discussion points were: • Commissioner Reuvers expressed his appreciation for stipulation 1 of the June 14 planning report, but asked Mr. Lau if he understood that the detached accessory building could become non - conforming in the future if Laigle Avenue is widened. Mr. Lau was not concerned about this issue because he feels that Laigle Avenue will probably not be upgraded for another 50 years. He stated the proposed location meets all the current setback requirements. • Chair Lillehei asked what the building will look like. Mr. Lau indicated that it will be a metal sided pole type building, two colors with a colored band around the bottom of the building. The end of the building will face Laigle Avenue with one window. It is not as large as his neighbor's accessory building, which did not require a conditional use permit because that property is five acres in size. • Commissioner Grenz reminded Mr. Lau that if his property becomes non- conforming in the future because of the setback issue, it may be difficult for somebody buying his property to get a loan from a bank. He indicated that City staff is trying to avoid situations like this in the future. • Commissioner Maguire asked for clarification on stipulation 1 of the June 14 planning report requiring an additional 12 feet of setback from Laigle Avenue. Mr. Dempsey responded. • The Planning Commission concurred they are fine with the proposed location of the accessory building and not the additional 12 foot setback recommended by staff. • Commissioner Blee asked whether the Planning Commission could recommend that landscaping be installed to buffer the proposed accessory building. Mr. Lau indicated that they were planning to plant bushes between Laigle Avenue and the accessory building after construction was complete. • Mr. Morey and Mr. Dempsey suggested adding the following stipulation in place of current stipulation 1: "Evergreen shrubs that will achieve a minimum height of ten feet at maturity shall be planted between the front property line and the accessory building." Motion was made by Reuvers, seconded by Maguire to recommend to City Council approval of the Rollin Lau Conditional Use Permit to allow the construction of a detached accessory building resulting in the total accessory building area on the property to be greater than 2% of the lot area as allowed in the RA, Rural /Agricultural District, located at 16218 Laigle Avenue, subject to the following 9 stipulations, as amended. Planning Commission Meeting Minutes, June 20, 2013 Page 4 1. Evergreen shrubs that will achieve a minimum height of ten feet at maturity shall be planted between the front property line and the accessory building. 2. The property survey shall be amended to identify the setback between the house and the new accessory building to ensure compliance with the minimum 10 foot separation. 3. The detached accessory building shall be constructed in accordance with the plans approved with the Conditional Use Permit application. 4. The detached accessory building shall be kept, used and maintained in a manner that is compatible with the existing single family home on the property and shall not present a hazard to the public health, safety and general welfare. 5. A building permit must be approved by the City prior to construction of the new detached accessory building. 6. Electric service to the detached accessory building shall be placed underground. 7. No sanitary sewer service shall be provided to the detached accessory building. 8. No commercial activity, storage of commercial equipment or use as a dwelling shall take place within any accessory building on the property. 9. The property owner shall remove the existing fabric storage building, the two metal storage sheds and the storage pod from the property prior to the issuance of a building permit for the new accessory building or a $500 cash escrow shall be submitted prior to the issuance of a building permit for the new accessory building to guarantee removal of said non - conforming accessory buildings prior to final inspection approval of the new accessory building. Ayes: Boerschel, Lillehei, Reuvers, Grenz, Blee, Maguire Nays: 0 There being no further business, the meeting was adjourned at 6:45 p.m. The Planning Commission immediately went into a work session. Respectfully submitted, Penny BrevWRecording Secretary Brooks Lillehei, Chair