HomeMy WebLinkAbout07-25-13CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
July 25, 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: Jason Swenson, Linda Maguire, Bob Boerschel, Chair Brooks
Lillehei, Paul Reuvers, Gerry Grenz, Karl Drotning
Members Absent: Ex- officio Shawn Fitzhenry
Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Allyn Kuennen, Associate Planner; Daniel Licht, The Planning Company; Zach Johnson,
City Engineer; Mark Hansen, Assistant City Engineer; Roger Knutson, City Attorney;
Lakeville Police Officer Kevin O'Neill; and Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
The June 20, 2013 Planning Commission meeting minutes were approved as
presented.
Commissioner Swenson asked to have the work session minutes amended to show
him absent from the work session.
The June 20, 2013 Planning Commission work session minutes were approved as
amended.
4. Announcements
Mr. Morey stated that the following items were distributed to the Planning
Commission at tonight's meeting:
1. Parks, Recreation and Natural Resources Committee meeting motion
regarding the 190 Street Development.
2. Numerous E -mails from neighbors voicing their concerns regarding Agenda
Item 6, Minneapolis Meeting Room.
3. Letter from City Attorney Roger Knutson regarding the definition of "religious
institution." (This was distributed later in the meeting)
Mr. Morey reminded the Planning Commission that the dates for meetings in August are
th
scheduled for August 8 and 22 "d
Planning Commission Meeting Minutes, July 25, 2013
5. 190 Street Development
Page 2
Chair Lillehei opened the public hearing to consider the application of Shamrock
Development for a preliminary plat of 80 single family lots to be known as 190
Street Development, located north and south of 190 Street, west of Holyoke
Avenue and east of Dodd Boulevard.
Jim Stanton, representing Shamrock Development, presented an overview of his
request. Mr. Stanton indicated the final design and details associated with the
construction of 190 Street will be worked out with the City prior to the submittal of a
final plat.
Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen
stated that the development is temporarily being named "190 Street Development."
He also indicated the plat consists of only 68 lots, not 80 as stated in error on the
cover sheet of the plans and the public hearing notice. He stated the plat is split into
two zoning districts including RST -2, Single and Two Family Residential and RS -3,
Single Family Residential. Mr. Kuennen indicated the eastern portion of the plat is
designed according to RS -3 single family zoning standards and the western portion
of the plat is designed according to RS -4, Single Family zoning standards, which is
an allowed lot design within the RST -2 zoning district. Mr. Kuennen stated the
development will have several phases with the areas within Outlots B, C, and D
being preliminary platted into future lots and blocks.
Mr. Kuennen stated that the preliminary plat includes Outlots A, B, C and D. Outlot
A encompasses a stormwater detention and infiltration basin that will be deeded to
the City at the time of final plat. Outlots B and C will be retained by the developer to
be platted into future lots. Outlot D includes a second stormwater detention and
infiltration basin, and an easement to extend water and sewer services from the
Summerlyn plat from the south. Outlot D will also be retained by the developer to be
platted into lots and blocks in the future. Mr. Kuennen described the ghost plat, as
submitted by the developer, for Outlots B and D and indicated a ghost plat for the
Schweich property to the east must also be submitted by the developer prior to final
plat approval.
Mr. Kuennen stated that the proposed blocks, lot area, lot width and depth, and
setbacks all meet the Zoning Ordinance requirements for RS -3 and RS -4 single
family lots.
Mr. Kuennen reviewed the streets and right -of -way for the 190 Street Development.
He explained that the developer will be responsible for providing a cash fee for the
future upgrade of Dodd Boulevard at the time Outlot B develops and Holyoke
Avenue at the time Outlot D develops.
Mr. Kuennen stated that a tree preservation plan must be submitted prior to City
Council review. He also indicated that an overhead utility line that runs along the
Planning Commission Meeting Minutes, July 25, 2013 Page 3
north side of 190 Street must be placed underground by the developer or the
developer can provide a cash escrow for the future burial of the overhead utilities.
Mr. Kuennen indicated the City's Parks, Trails and Open Space Plan does not
identify any parkland needs in the area of the subject site. In this case, park
dedication requirements will be satisfied at the time of final plat as a cash fee in lieu
of land dedication. The July 24, 2013 Parks, Recreation and Natural Resources
meeting motion was distributed to the Planning Commission. Mr. Kuennen stated
that the Parks, Recreation and Natural Resources Committee reviewed the 190
Street Development plat and they did not feel comfortable making a
recommendation until some of the engineering and planning stipulations, as outlined
in the staff reports, were more fully addressed.
Chair Lillehei opened the hearing to the public for comment.
Lawrence Schweich, 8719 190 Street
Mr. Schweich's concerns were that something needs to be done with 190 Street
whether it's the developer or the City. He also felt that perhaps another internal local
street outlet to his property to the east of the plat should be looked at. Mr. Schweich
added that he felt the sewer line should also be deep enough to pick up his property
to the east when it develops in the future.
Motion was made by Maguire, seconded by Boerschel to close the public
hearing at 6:12 p.m.
Ayes: Swenson, Maguire, Boerschel, Lillehei, Reuvers, Grenz, Drotning
Nays: 0
Mr. Stanton agreed with Mr. Schweich and indicated that he received the City's
planning report and comments and had two concerns; 1. Regarding the burial of the
overhead power line. Mr. Stanton indicated the power line is in the public right -of-
way and not within the plat, so he objected to burying the overhead utility line and
felt that it was not his responsibility. 2. He wanted to clarify that there is an access
from his plat to the greenway corridor planned already along the west side of the plat
and there are no parks required in this plat, so he felt that the Parks, Recreation and
Natural Resources Committee "non recommendation" should not have much
relevance.
Chair Lillehei asked for comments from the Planning Commission. Discussion
points included:
• Commissioner Grenz asked City staff to explain the upgrade for 190 Street
and who would be involved with the upgrade. City Engineer Zach Johnson
explained that the City is working with Mr. Stanton and Mr. Schweich
regarding the upgrading of 190 and Holyoke. They agreed that for practical
Planning Commission Meeting Minutes, July 25, 2013
Page 4
purposes, this is the time to figure it out with the platting of the adjacent
properties.
• The Parks, Recreation and Natural Resources Committee meeting motion
was discussed. City staff indicated that if the Planning Commission felt it was
appropriate, they could make a recommendation to the City Council
requesting the final plat of this first addition be sent back to the Parks,
Recreation and Natural Resources Committee and the Planning Commission
prior to City Council review.
• To help address the concerns expressed by the Parks, Recreation and
Natural Resources Committee, Planning Commission requested and Mr.
Stanton agreed to dedicate the Greenway Corridor and the right -of -way along
190 Street and Dodd Boulevard with the final plat of this first addition.
• The City Attorney indicated that he would need to review the City Code prior
to determining if the City can require Mr. Stanton to bury the overhead power
lines.
Commissioner Drotning explained the City has a contiguous plat ordinance
and asked Mr. Stanton to explain why his plat is somewhat "leap frogging"
which requires the utilities to be extended through Outlot D to service his plat.
Mr. Stanton indicated he is developing the lots and blocks shown on the
preliminary plat and there will most likely be a different developer of Outlot D.
The Planning Commission suggested removing stipulation 2 and adding the
following stipulation:
Right -of -way for Dodd Boulevard adjacent to Outlot B and for 190 Street
between Dodd Boulevard and the east boundary of Lot 6 shall be
dedicated on the final plat of the first addition. The final plat of the first
addition shall also identify the Greenway Trail Corridor within Outlot B.
Motion was made by Drotning, seconded by Reuvers to recommend to City
Council approval of the 190 Street Development preliminary plat of 68 single family
lots, located north and south of 190 Street, west of Holyoke Avenue and east of
Dodd Boulevard, subject to the following amended 15 stipulations:
1. The recommendations outlined in the July 19, 2013 Engineering report.
2. The number of lots noted on the cover sheet must be revised from 80 lots to 68
lots to reflect the correct number of lots shown on the preliminary plat.
3. Outlot A must be deeded to the City at the time of final plat.
4. Screening and berming adjacent to 190 Street must be installed consistent with
the approved landscape plan. A $1,000 cash escrow must be submitted with the
building permit application for each of these lots to ensure the side and rear
yards abutting 190 Street are sodded. This escrow will be in addition to the
landscape /sod escrow required for each lot at the time of building permit.
5. A final wetland delineation report must be approved by the required agencies
prior to City Council review of the final plat.
6. Hoyt Avenue must be extended to the east plat boundary line.
Planning Commission Meeting Minutes, July 25, 2013 Page 5
7. A five foot wide concrete sidewalk must be installed on one side of all local
streets throughout the development as shown on the preliminary plat plans. The
developer is responsible for the construction and cost of installing the sidewalks.
8. 190 Street must be upgraded and constructed as required by the Subdivision
Ordinance and the Comprehensive Transportation Plan.
9. 8 foot wide asphalt trails must be constructed along Holyoke Avenue, Dodd
Boulevard and 190 Street as required by the Parks, Trails and Open Space
Plan.
10.A tree inventory and preservation plan must be submitted prior to the City
Council consideration of the final plat.
11. The overhead utility line is required to be buried with the construction of the plat
or the developer must provide a cash escrow for the future burial of the overhead
utilities.
12.All proposed subdivision identification signs must be shown on the plans prior to
City Council approval of the final plat.
13. The development must comDly with the followina setback requirements:
Yard
Front
Side
Side
Side
Rear
Rear
Interior
Corner
(abutting
(abutting
190 St. )
190 St.
RS -3
30'
10'
20'
30'
30'
50'
Setbacks
RS -4
20' front
7'
20'
30'
30'
50'
Setbacks
of house
25' front
of garage
14.Right -of -way for Dodd Boulevard adjacent to Outlot B and for 190 "' Street
between Dodd Boulevard and the east boundary of Lot 6 shall be dedicated on
the final plat of the first addition. The final plat of the first addition shall also
identify the Greenway Trail Corridor within Outlot B.
Ayes: Maguire, Boerschel, Lillehei, Reuvers, Grenz, Drotning, Swenson
Nays: 0
6. Minneapolis Meeting Rooms
Chair Lillehei opened the public hearing to consider the application of Minneapolis
Meeting Rooms, Inc. for the following, located at 9880 — 192 Street: A. Conditional
Use Permit to allow a religious institution in an RS -2, Single Family Residential
District and an exception to the exterior building material requirements to convert a
single family home to an institutional use. B. Variance to allow a side yard setback
less than 30 feet for a religious institution in an RS -2 District.
Chair Lillehei commented that the Planning Commission is an advisory body to the
City Council and the City Council makes the final decision. Also, Chair Lillehei
recognized Officer Kevin O'Neill who is here in the audience and if there are any
questions that relate to law enforcement, he will be happy to answer any questions.
Planning Commission Meeting Minutes, July 25, 2013 Page 6
Tom Chellberg, Jerry Holman, Trevor Kendall and Steve Griffith were in attendance
representing Minneapolis Meeting Rooms, Inc. (MMR). Mr. Chellberg presented an
overview of their request. Mr. Chellberg stated that this building will be a place of
worship. He indicated that the inside of the house would be remodeled and a 14
stall parking lot plus one handicapped parking stall is proposed. There will be
screening of the parking lot with 23 arborvitae shrubs. The house will remain the
same on the exterior. Mr. Chellberg indicated that their church has been in
Minneapolis for 130 years and in Lakeville, along with other suburbs for six years.
Traffic will be very minimal with a total of 14 cars twice a week, which is less than
what a single family residence would create.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that Minneapolis Meeting Rooms, Inc. has submitted an application for a
conditional use permit (CUP) to allow the conversion of a 1,200 square foot single
family home to a church use with a 40 seat main assembly hall and a 14 stall
parking lot in the RS -2, Single Family Residential District. He indicated that an
exception from exterior building material requirements for institutional uses is also
being requested with the CUP so that the church can maintain the existing
residential character of the building. He also indicated that the church is requesting
approval of a variance to the 30 foot west side yard setback requirements because
the Zoning Ordinance requires that institutional uses be set back twice the required
side yard setback for a structure in the RS -2 District, which for a single family home
is 15 feet. Currently, the existing house is 27 feet from the west side property line.
Mr. Dempsey stated that there is no proposal to expand the existing building.
Mr. Dempsey reviewed the applicable criteria of the general performance standards
for the evaluation of CUP requests and identified the non - conformities on the
property which must be brought into compliance as a stipulation of the conditional
use permit.
Mr. Dempsey reviewed the criteria that must be met according to the Zoning
Ordinance for a variance request.
Mr. Dempsey stated that staff recommends approval of the Minneapolis Meeting
Rooms Conditional Use Permit and variance subject to the 17 stipulations listed in
the July 19, 2013 planning report.
Chair Lillehei opened the hearing to the public for comment.
The following people spoke during public comment:
Lawrence Schwiech, 8719 190 Street
Monica Carlson 9852 Iteri Lane
Julie Klein 19480 Ireland Way
Jenny Hansen 19179 Ittabena Way
Planning Commission Meeting Minutes, July 25, 2013
Tom Garncarz
Joe Stoddard
Ben Mayer
Blaine Eggum
Ryan Pearson
Florence Vork
Robert Lane
Kurt Hedin
Michelle Ruhland
Amy Kroeten
Kerry Singh
Their concerns were:
19112 Iteri Avenue
19184 Ittabena Way
19544 Iteri Avenue
19390 Iteri Avenue
9780 192 Street W.
19330 Iteri Avenue
9875 194 Street
19171 Ittabena Way
9940 Iteri Court.
19292 Ireland Way
19156 Iteri Avenue
• What defines a religious institution?
Page 7
• Intensity of use
• Safety/Traffic
• Parking lot compatibility with the neighborhood
• Concerned that they can't find any information on this church
• Impact to property values
Motion was made by Swenson, seconded by Boerschel to close the public
hearing at 7:31 p.m.
Ayes: Boerschel, Lillehei, Reuvers, Grenz, Drotning, Swenson, Maguire
Nays: 0
Chair Lillehei asked for comments from the Planning Commission. Discussion
points were:
• Chair Lillehei asked City Attorney Roger Knutson to explain what defines a
religious institution. Mr. Knutson explained that ultimately it is up to the City
Council to decide if this qualifies as a religious institution. Mr. Knutson
referred to his letter to the Lakeville City Administrator explaining what the
courts look at to determine if a group qualifies. The City has already
recognized them as a religious institution when it permitted them to locate in
another single family neighborhood in Lakeville.
• Chair Lillehei asked Mr. Dempsey to explain to the Planning Commission a
religious use in a single family residential area as it relates to this particular
use. Mr. Dempsey explained that this falls under the category of religious
institutions, government, schools, libraries, all of which are allowed in
residential districts according to the Zoning Ordinance subject to a CUP. He
indicated that up until 2010, churches were restricted to only residential
zoning districts. Due to legal rulings, churches are now allowed in
commercial districts where public assembly is allowed and are not allowed in
industrial districts.
Planning Commission Meeting Minutes, July 25, 2013
Page 8
• Chair Lillehei asked Dan Licht to come forward. Mr. Licht explained that the
Zoning Ordinance had only allowed churches in residential districts with a
conditional use permit. He stated that that was done historically to place
those types of institutions that don't necessarily pay property tax unless they
choose to do so, outside of prime locations set aside for commercial and
industrial uses in order to generate employment and tax base within the
community. He indicated that the court decision to allow churches in
commercial locations came about because of the similarities of large scale
religious uses compared with theatres or other public assembly.
• Chair Lillehei asked Mr. Dempsey if the City can only make it available for use
during specific times and days. Mr. Dempsey stated that he was not aware of
the City regulating the hours of a church. The hours that Minneapolis Meeting
Rooms are proposing currently are consistent with other churches.
• Many of the public who spoke were concerned with the parking lot and did not
want a parking lot in their neighborhood. Chair Lillehei asked if it is possible
for the church to be located in this neighborhood without a parking lot. Mr.
Dempsey stated that the parking requirements are based on the number of
people permitted in the main assembly area. A parking lot is required for a
church. Stipulation 5 states that parking shall be restricted to the on -site
parking lot and shall not occur on 192 Street and Iteri Avenue or any other
public streets during religious services or other religious institution assemblies
in the building. Mr. Dempsey indicated that the City Council would be able to
reconsider or revoke their CUP if on street parking or other violations of the
CUP occur.
• Officer O'Neill addressed safety of the parking lot. He commented that there
have been no police calls to the Minneapolis Meeting Rooms other location in
Lakeville.
• Due to some questions /concerns from the public, Commissioner Drotning
asked Mr. Dempsey to read the stipulations that are in the July 19, 2013
planning report so that the public is aware of what is being asked of the
Minneapolis Meeting Room.
• Commissioner Grenz referenced the public comment regarding whether there
is a possibility of this building becoming a group home. Mr. Dempsey
displayed the floor plan and indicated that there will be no kitchen, no
bedrooms, and that it would be a meeting room only. There will be no access
to the other levels of the home.
• Commissioner Reuvers stated that it has been determined that other cities
have these same rules regarding churches, that they are a non - profit and
have filed for tax exemption in Dakota County. They fit in with our institutional
uses. He doesn't feel that allowing churches in residential areas negatively
changes the City of Lakeville. Churches are required to have certain parking
regulations and cannot have their parking off site. He indicated that from a
traffic standpoint, the traffic would be similar to a residential use and less
traffic than if the property was subdivided into three single family lots.
• Screening was determined to be sufficient with 23 arborvitae shrubs
surrounding the parking lot.
Planning Commission Meeting Minutes, July 25, 2013
Page 9
• Windows will remain as they currently are in the house.
• Mr. Chellberg appreciated the neighbors' concerns. He wants to keep
Lakeville the same and welcomed the neighbors to come look at their other
property in Lakeville. He stated that the house will not be used for a soup
kitchen, there will not be outside music or outside events. They will be at the
church for the Lords supper and for the prayer meeting. Mr. Chellberg added
that they cooperate with their neighbors and value their neighbors. He will be
glad to answer any questions regarding their values, etc.
• Commissioner Boerschel asked if this house goes back to purely residential,
will the parking lot disappear? Mr. Knutson indicated that it will be a single
family dwelling and would need a bathroom, kitchen, bedrooms, etc. that
would have to meet minimum requirements under the building code.
• Commissioner Swenson confirmed with Mr. Dempsey that there have been
no complaints with the other Minneapolis Meeting Room building and they
have followed the CUP requirements.
• The approval of a variance to the 30 foot west side yard setback requirements
was discussed. Some of the Commissioners felt that the applicant should
have known what the Zoning Ordinance requirements were prior to
purchasing the property. They felt there was no hardship. Commissioner
Reuvers commented that when the legislature revised the ordinance, the
standard now reads reasonable use and he feels it is a reasonable use and a
unique circumstance and no longer refers to hardship. Commissioner
Swenson commented that if the variance is not granted and 3 feet of the
garage has to be removed to comply with the Zoning Ordinance, will it be
what we ultimately want on the property? If it goes back to residential, there
will be more cost to building the garage again. Commissioner Maguire feels
that under the new standard for a variance, she felt this qualified under the
seven criteria listed in the Zoning Ordinance and planning report.
• Mr. Chellberg agreed with what the Planning Commission has discussed.
They reviewed the Zoning Ordinance before the church purchased the
property but this was missed. He indicated that if the Planning Commission
votes against recommending granting the variance, the church will agree to
take three feet off the side of the garage.
• Mr. Morey commented that regarding the variance, for informational
purposes, in the Zoning Ordinance it lists major and minor variances and this
would actually qualify as a minor variance because it is characteristic of
surrounding properties and it would be 10% or less of the total property. Mr.
Morey indicated that typically minor variances have been granted in the past
because of a government action, most recently with property adjacent to
Cedar Avenue and the BRT improvements.
• Procedurally, Mr. Morey indicated that minor variances can go directly to the
City Council and they can choose to hold the public hearing on it. With this
particular variance we advertised it along with the CUP, but if the applicant
was requesting only the variance, it probably would have gone directly to City
Council for their consideration.
Planning Commission Meeting Minutes, July 25, 2013 Page 10
Motion was made by Maguire, seconded by Reuvers to recommend a variance to
allow a side yard setback less than 30 feet for a religious institution in an RS -2
District.
Ayes: Reuvers, Maguire
Nays: Lillehei, Grenz, Drotning, Swenson, Boerschel
Chair Lillehei and Commissioner Drotning stated that the buyer was aware
that they would have to meet the conditions of the CUP.
Commissioners Grenz, Swenson and Boerschel felt a significant hardship was
not demonstrated.
Prior to the vote for the conditional use permit, Mr. Morey recommended that a
stipulation could be added that reads:
18. The west side building setback requirement of 30 feet must be met.
Mr. Morey also wanted to point out that when this goes to City Council, the
conditional use permit requires a simple majority vote of the Council and the
variance requires a 4/5 vote.
Motion was made by Drotning, seconded by Swenson to recommend to City
Council approval of the Minneapolis Meeting Rooms Conditional Use Permit to allow
a religious institution in an RS -2, Single Family Residential District and an exception
to the exterior building material requirements to convert a single family home to an
institutional use, subject to the following 18 stipulations, as amended:
1. The parking lot and other site improvements on the property shall be completed
in compliance with the site plan approved by the City Council.
2. Site development shall be in compliance with the recommendations outlined in
the July 18, 2013 engineering report.
3. Landscaping shall be installed according to the approved site plan. The
landscaping shall remain alive and in healthy condition to act as an effective
screen of the parking lot. Any dead landscaping shall be promptly replaced with
like landscaping in compliance with the approved site plan and Zoning Ordinance
requirements.
4. The driveway from 192 "d Street shall be used only for handicap parking or
access to the garage. Said driveway shall not be used for non - handicap parking
during times of religious assembly.
5. Parking during religious services or other religious institution assemblies in the
building or the property shall be restricted to the on -site parking lot and shall not
occur on 192 Street and Iteri Avenue or any other public streets.
6. If the property is no longer used for a church or assembly use, the parking lot
shall be removed and groundcover shall be reestablished in compliance with
Zoning Ordinance requirements prior to occupancy of the building for any other
use.
Planning Commission Meeting Minutes, July 25, 2013
Page 11
7. The property shall not be used for commercial, residential or residential shelter
purposes.
8. Amplification of sound outdoors is not permitted.
9. The water well on site shall be abandoned and sealed in accordance with official
requirements.
10. Required parking spaces shall not be used for snow storage.
11. The overhead utility service between the electric power pole and the building
shall be place underground.
12. Provisions shall be made for daily litter control, an interior location for recycling,
and trash handling and storage.
13. The use and property shall be in compliance with any federal, state or county law
or regulation that is applicable and any related permits shall be obtained and
documented to the City.
14. A building permit is required prior to commencing any building remodeling.
15. Any future building expansion will require a conditional use permit amendment
and must meet Zoning Ordinance setback requirements.
16. No wall signs shall be allowed on the church building.
17. A financial security of $15,000 shall be submitted to guarantee completion of the
site improvements and other improvements required by this conditional use
permit.
18. The west side building setback requirement of 30 feet must be met.
Ayes: Reuvers, Grenz, Drotning, Swenson, Maguire, Boerschel, Lillehei
Nays: 0
Break at 8:22
Reconvened at 8:30
7. City of Lakeville
Chair Lillehei opened the public hearing to consider an amendment to Title 11 (the
Zoning Ordinance) of the Lakeville City Code to allow existing single family dwellings
as interim uses in the RH -1, Multiple Family Residential District, the O -R,
Office /Residential Transition District, and the C -CBD, Commercial Central Business
District.
Dan Licht from The Planning Company presented the planning report. Mr. Licht
stated that on June 20, 2013 the Planning Commission held a work session to
consider issues related to the non - conforming status of an existing single family
residence located at 8710 210 Street ( Kettelhut). He indicated that at that meeting
City staff was directed to draft an amendment to the Zoning Ordinance that would
allow the construction of one small detached accessory building on this property and
other similar non - conforming single family properties.
Mr. Licht explained that the Kettelhut property is zoned O -R, Office /Residential
Transition District which does not provide for single family dwellings as an allowed
Planning Commission Meeting Minutes, July 25, 2013 Page 12
use making the existing use of the property non - conforming and subject to Section
15 of the zoning Ordinance, which allows non - conforming uses provided there is no
expansion or intensification of the use. He indicated that the property owners have
proposed construction of a detached accessory building, but because of the non-
conforming use status of the property, this expansion of the existing use would not
be allowed under the provisions of Section 15 of the Zoning Ordinance.
Mr. Licht explained that he would not recommend that the situation presented by the
Kettelhut property be addressed through an exception to the non - conforming use
regulations, but rather address the non - conforming status of the use.
Mr. Licht explained interim uses and why the interim land use approach for existing
single family dwellings in certain zoning districts would be the best option to address
the circumstances presented by the Kettelhut property.
Chair Lillehei opened the hearing to the public for comment.
Denny Kettelhut, 8710 210 Street
Mr. Kettelhut agreed with the July 16, 2013 planning report and thanked everyone
for working with him and his wife on this issue.
Motion was made by Boerschel, seconded by Drotning to close the public
hearing at 8:39 p.m.
Ayes: Reuvers, Grenz, Drotning, Swenson, Maguire, Boerschel, Lillehei
Nays: 0
Chair Lillehei asked for comments from the Planning Commission. Discussion
points were:
Commissioner Drotning wanted to make it clear to the Kettelhuts that the
Zoning Ordinance amendment will address the non - conforming use issue for
their property, but the property still has non - conforming setback and lot size
issues that impact the use of the property.
The Planning Commission agreed with the interim use approach to address
this issue.
• Clarified what is considered "redevelopment."
Motion was made by Reuvers, seconded by Maguire to recommend to City
Council approval of the Zoning Ordinance Amendment to allow existing single family
dwellings as interim uses in the RH -1, Multiple Family Residential District, the O -R,
Office /Residential Transition District, and the C -CBD, Commercial Central Business
District, as presented.
Ayes: Grenz, Drotning, Swenson, Maguire, Boerschel, Lillehei, Reuvers
Nays: 0
Planning Commission Meeting Minutes, July 25, 2013
There being no further business, the meeting was adjourned at 8:43 p.m.
Respectfully submitted,
Penny Brevi ecording Secretary
Page 13
Brooks Lillehei, Chair