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HomeMy WebLinkAboutItem -0803item No. 3 CITY 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 B.oerschel, Chair Brooks Lillehei, Paul Reuvers, Gerry Grenz, Karl Drotning a'~ Members Absent: Ex -officio Shawn Fitzhenry Others Present: Daryl Morey, Planning Director;.;Frank Dempsey Associate Planner; 4aa.•' S Allyn Kuennen, Associate Planner; Daniel Licht,.T#ie'Planning CompaRny.,; Zach Johnson, City Engineer; Mark Hansen, Assistant Cityr gmeer; Roger Knutsa Ci Attorney; Lakeville Police Officer Kevin O'Neill; and Pira y Brevig, Recording Secretor 3. Approval of the Meeting Minutes The June 20, 2013 Planning presented. Commissioner Swen him absent from the:.! The June 20 amended. 4. An 3. minutes were approved as n% -minutes amended to show rk session minutes were approved as distributed to the Planning P,�s, Recreation and Natural Resources Committee meeting motion reg Win the 1. Street Development. Nume-os Faails from neighbors voicing their concerns regarding Agenda Item 6,Jffi . lis Meeting Room. Letter from1�ity 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 8and 22"d. Planning Commission Meeting Minutes, July 25, 2013 5. 190th Street Development i 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 190th Street Development, located north and south of 190th 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 190th Street will be worked out with the City"b—ior to the submittal of a final plat. Associate Planner Allyn Kuennen presented the::-plannin44�Teport. Mr. Kuennen stated that the development is temporarily being Named "190 --,Street Development." He also indicated the plat consists of only 68.,;- ts, not 80 as stated in error on the cover sheet of the plans and the public he r".- notice. He stated th plat is split into two zoning districts including RST -2, Sing�e:,and Two,._.Family Resideriffa. and RS -3, Single Family Residential. Mr. Kuennen 'indicated .tt e-`-6astern portion 'of the plat is designed according to RS -3 single family zig;stariclards and the western portion of the plat is designed according;to. RS -4, SingleFamily zoning standards, which is an allowed lot design within tl e; ;RST; 2 zoning Sk'i ,tl.ict. Mr. Kuennen stated the development will have several phases<:NVfth .the areas__.k_within Outlots B, C, and D being preliminary platted into future.:lots andt?}ticks. '= Mr. Kuennen stated.%thatAl A encompasses�"aii.stormw the City at thaili a of final be platted into'f tUre lots infiltration basin, aridili::,.ariy4: V Planning Commission Meeting Minutes, July 25, 2013 Page 3 north side of 190th 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 190th Street Development plat and they did not feel:,;: comfortable making a recommendation until some of the engineering and plan*h1fig stipulations, as outlined in the staff reports, were more fully addressed. :::1:1 �:?:•. Chair Lillehei opened the hearing to the public foiwcomment. Lawrence Schweich, 8719 190th Street Mr. Schweich's concerns were that somethi;.ng needs:#o be done with` 190th Street whether it's the developer or the City. He alsoJeltJ- K' (perhaps another internal local street outlet to his property to the'e-ast of the plat $Wuld be looked at. Mr. Schweich added that he felt the sewer line:°criiid;also be deep: -enough to pick up his property to the east when it develops in the,twture:.s.$;�y. >. Motion was made hearing at 6:12 p.rx Ayes: Swenson; N Nays: 0 Mr. Stanton agreed4,� planningkirepori•.and c over ad powei~fline. v aY`and not witl ii 4,f felt:that it was not his from,-Wit..,plat to the gr and thet,%,are no park Natural sources relevance. Chair Lillehei points included: ire, secoruliErii`by:;Boerschel to close the public ire, ",8tierschel � illehei, Reuvers, Grenz, Drotning i� Scl welch -arac indicated that he received the City's lents and hado concerns; 1. Regarding the burial of the :Stanton indicated the power line is in the public right -of - he objected to burying the overhead utility line and >ori�)Ailjty. 2. He wanted to clarify that there is an access ray corridor planned already along the west side of the plat juired in this plat, so he felt that the Parks, Recreation and mittee "non recommendation" should not have much for comments from the Planning Commission. Discussion • Commissioner Grenz asked City staff to explain the upgrade for 190th 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 190th 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..., -.P, Recreation and rrf Natural Resources Committee, Planning Comjsston requested and Mr. 11�':L"t Stanton agreed to dedicate the Greenway Corri ;:and the right-of-way along 190th Street and Dodd Boulevard with the final'tPIat Ahis first addition. • The City Attorney indicated that he would. need to revib�v the City Code prior to determining if the City can require Mr, --Stanton to buiyhe overhead power lines. • Commissioner Drotning explained [ e1 City has a contiguod'plat ordinance and asked Mr. Stanton to explair4hy his plats somewhatp frogging which requires the utilities to be extei zfad throbbfi Outlot D to service his plat. Mr. Stanton indicated he is developihj0.AhWlbts and blocks shown on the preliminary plat and ther.dryIt most likely}6e' �a different developer of Outlot D. The Planning Commissi6'n=�!§U9§ sted remdMhg. stipulation 2 and adding the following stipulation: Right-of-way dbOodd Bodh; varx1,-a` jaceni4q.Outlot B and for 190th Street 4111'•-'. .y 114�ryl':r 4� •S.'"1 :*. between&,'-, d'=B4 levard Brat }the east boundary of Lot 6 shall be dedica a on the final plat ...the first addition. The final plat of the first addfGOb shall also clentify the G enway Trail Corridor within Outlot B. Motion was mad&;�brofriir (�*'.�*"a"` "'*""" o did by Reuvers to recommend to City -��� �./i� �.n�^o- .* 111'1'.tia..1Y•- Sh'. t..;s:1• Countspr�1 sof theOth Street Development preliminary plat of 68 single family . .. . lot9- :located n -and `st - h of 190th Street, west of Holyoke Avenue and east of 0" d Boulevard siaflect to followin amended 15 stipulations: z.,. 9 P .a`.' • a�� 1. T�ecommendatris outlined in the July 19, 2013 Engineering report. ..-. 2. The'°��ber of lotsF ted on the cover sheet must be revised from 80 lots to 68 lots to""-ct thelWifbct number of lots shown on the preliminary plat. 3. Outlot A mist bEeeded to the City at the time of final plat. 4. Screening araarming adjacent to 190th 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 190th 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. 190th 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 190th 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 witf-=afie construction of the plat or the developer must provide a cash escrow for..ItO1uture burial of the overhead utilities. 12.All proposed subdivision identification signs:.,Must be shown nn the plans prior to City Council approval of the final plat. 13. The development must comply with the -W ina setback reauiretxaents: Yard Front Side -<:S ,de Side Rear�� ti:. Rear Interior Corner (abiutting '" (abutting 9oth St.) 190th St. ' 20' '=`" 30' 30' 50' Setbacks RS -4 20' front 7`-* '~t ::2fl' :3D' 30' 50' Setbacks of house 25 fro-t%i of 14.Rig ht -of -way,: -for`' Dodd between Dfldd Bouleva the final plafWzthe firs identify. -the Greeff wa. ? agui :0 6. Minneapolis Meeti levard "adu'acent to Outlot id the easf,boundary of Lot Jition. Tl final plat of the orrtl"itftkiiii Outlot B. B and for 190`" Street 6 shall be dedicated on first addition shall also Lillehei, Reuvers, Grenz, Drotning, Swenson Chair Lillet ej.-opened'-thb public hearing to consider the application of Minneapolis Meeting Rooi sto���a�s�tntM the following, located at 9880 — 192"d Street: A. Conditional Use Permit IoW+i 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. rte:".1 Traffic will be very minimal with a total of 14 cars twice _a:aivea}•.''.ek, which is less than what a single family residence would create. Associate Planner Frank Dempsey presented the stated that Minneapolis Meeting Rooms, Inc,::bas conditional use permit (CUP) to allow the eoaVrsic 14•"` plannri�� ',report. Mr. Dempsey submitW ap application for a of a 1,20fl`::uare foot single assembly hbfl::ti�nd a 14 stallndica hstrict. He ited that an 06r institutional `uses is also can maintain the existing I that the church is requesting etback requirements because ')'4 -,,set back twice the required �V v616b for a single family home family home to a church use with a 40. --§-'at main .,stir. parking lot in the RS -2, Single Familylk-dsidential exception from exterior building material rec Jremer being requested with the CUP so that tnJ�:ctair residential character of the build#r-G. a He also in atE approval of a variance to the 3Q3est side yarn the Zoning Ordinance requires tli- ,instit-tional uses side yard setback for a structure A --Ah, e R&2- Ufstrict, is 15 feet. Currentiv.-thwexistinq Noise isW'feed`<fr,. Mr. Dempsey Mr. Dempsey] for the evalue property which use Deficit ;mpsey nce for a is no pri,p I to expa m the west side property line. J the existing building. the applicable cffteria of the general performance standards DUP'i'equests ant�n�identified the non -conformities on the t }a, % : ":•.^` b ti. Sa5,1'Y's1+.. ti°•'ay' =tror�aAaaince as a stipulation of the conditional a that must be met according to the Zoning Mr. Derlrtpsey stated 06t staff recommends approval of the Minneapolis Meeting Rooms Cffiditional UgikPermit and variance subject to the 17 stipulations listed in the July 19 i #3 p1A"nATkg report. Chair Lillehei opened the hearing to the public for comment. The following people spoke during public comment. Lawrence Schwiech, Monica Carlson Julie Klein Jenny Hansen 8719 190th Street 9852 Iteri Lane 19480 Ireland Way 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 19112 Iteri Avenue 19184 Ittabena Way 19544 Iteri Avenue 19390 Ited Avenue 9780 192nd Street W. 19330 Iteri Avenue 9875 194th Street 19171 Ittabena Way Page 7 he public ire )iscussion defines a :o the City Knutson what the s already locate in mission a 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 publie.a_ssembly. • Chair Lillehei asked Mr. Dempsey if the City can only,ffi'ake 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. Tha,-Up"u"ifst-hat Minneapolis Meeting Rooms are proposing currently are consistekf�kihh o`t`A*:.churches. w i. Y.Y.^.w�.". • Many of the public who spoke were conte. �, with the"parking lot and did not want a parking lot in their neighborhoo�`sP' Chair Lillehei ad if it is possible for the church to be located in this��eighborhood without a1 ; king lot. Mr. Dempsey stated that the parking-: ec�uirementstia.re based umber of people permitted in the main asseml iyr, area�,.`W parking lot is required for a church. Stipulation 5 states thatarktra sb- all be restricted to the on-site parking lot and shall notnbour on 192nd^S#reet and Iteri Avenue or any other public streets during religibus-services or otl &...religious institution assemblies in the building. Mr. Dempsey indcafed., that tf&G,ity Council would be able to Y< Jh^ reconsider or revoke their CUP if on` eet-_,parkmi:.� or other violations of the Y til tib:.:. :�SYe,Ki.�e°.`•^ CUP occur. 411"f0. • Officer O'N&J] adclri�sted safety,%` parking``Tot. He commented that there have bee6`�ho police tails to the Ap' neapolis Meeting Rooms other location in Lakeville ry .. ye:. K�I • Due to sore questi0 Wco cerns . bm the public, Commissioner Drotning asked, Mr. D ''toY read'# i~4 -s# pulations that are in the July 19, 2013 ;=report-- that the public is aware of what is being asked of the Commissic;A' regi' erenced the public comment regarding whether there .is a possibilityaof thist'uilding becoming a group home. Mr. Dempsey `:;displayed the `foor plan and indicated that there will be no kitchen, no br�aoms, and;aaat it would be a meeting room only. There will be no access to dieter Ills of the home. • CommistovC`euvers stated that it has been determined that other cities Y4ti�•'yLLs•vis have these}1same 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 Windows will remain as they currently are in the house. Page 9 • 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 indicatec(that it will be a single family dwelling and would need a bath room,.0chen, bedrooms, etc. that would have to meet minimum requirements urtdei``tf 0` -,:building code. bbb • Commissioner Swenson confirmed with Mr: =jDempset'l t there have been no complaints with the other Minneapgii!Vleeting R6664 - building and they have followed the CUP requirements.,*«��-.aa• 141"«•:`--««".•••,i.i i'... • The approval of a variance to the 30.4obt west side yard setback.requirements was discussed. Some of the Cdffimissioners a 4t that the applicant should have known what the Zoning Dry%nanc?;requirements were prior to purchasing the property... They feltthere:, r,Was no hardship. Commissioner Reuvers commented thatti,When the legislature revised the ordinance, the standard now reads reasonabWuse and heleels it is a reasonable use and a longer:,::.refers"`'t -hardship. Commissioner unique circumstance and �,, 9 ' Swenson commented that 'i the varjanca., is not t Tanted and 3 feet of the 1111 �.:.: garage has tm---WT.:removed to �corx�ply with'=: to >Zoning Ordinance, will it be =.,.: ;.. .. tisk...: :..:. what we ul iftitely adt on th�<:�r�perty? If it goes back to residential, there will be mor,e"cost to b"Widing the�garage again. Commissioner Maguire feels that undo .the new sfar dard for b(,,- ariance, she felt this qualified under the seven crit'' Ja•listed,;ir1,h- :_Z n ng Oklinance and planning report. M1"..1'iier S.x,,,y,;.: .«,n`.iJ.R.,.:•'•Jr''Fl-'°: ,>#t ^ • Mr::,4-Chelibei'g aaggr�ed whh",it at;O-44.Planning Commission has discussed. «; T ey`- . iewed a Zoning Ordinance before the church purchased the s�«property'`Vdt—.this w'Gs-missed. He indicated that if the Planning Commission 4 votes against a-ecorhdJ6nding granting the variance, the church will agree to 1� .h4sb 3 1:.take three feefbff the sine, of the garage. • ''=:#�Jr. Moreycanpented that regarding the variance, for informational '•Si:si.�i': poses, in th(�ening Ordinance it lists major and minor variances and this wo4&actuall$4jbalify as a minor variance because it is characteristic of surroLi"' inerties and it would be 10% or less of the total property. Mr. Morey inthat 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 Lillehel 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, Mf.%.-.Mo,_r`ev recommended that a stipulation could be added that reads: 18. The west side building setback requirem-6h t of 30 feet must be met. Mr. Morey also wanted to point out -th6f when this,. goes to City:.. -".Council, the -�",ote of the Codricil and the conditional use permit requires a simpl&".-M,ajoritY,.-�l. variance requires a 4/5 vote. Motion was made by Drotni'n-'�g*"i'*s.'.e'conded by"-,S'W,'enson to recommend to City Council approval of the Minneap6ifs, M' ­'.. ffhq.-Roomsb6nditional Use Permit to allow a religious institution in an RS -2, SjAgle 176ffill�.--Residehffl- District and an exception to the exterior building-..Tnaterial reqdifernehi9*4 single family home to an institutional use, su dbt16A4e followR'6,.,.1,,. �stipulati&i �bj ns; as amended: 1. The parkingJ6t and other.;sJte improv"e"m'ents on the property shall be completed in compliand4" ith the sift'i.;-,,pIan,approVb­d by the City Council. 2. Site development--shall^.*.b'ei'-n'---''-c"o"'T"n'pliand6 with the recommendations outlined in thq.31 ,gineering rep0 rt. 'bq�,Jnstalled according to the approved site plan. The n scaping,,� 3. L4jd- ....... hall andscaping 8h� _remd 01, alive and in healthy condition to act as an effective n' i -screen of the p4 g lot. - dead landscaping shall be promptly replaced with likN-andscaping in`,,b'o'mpIia6`ce with the approved site plan and Zoning Ordinance requirements. nd 4. The &I.Veway f 92 Street shall be used only for handicap parking or access ega X e. Said driveway shall not be used for non -handicap parking . during times.& .'te-ligious assembly. 5. Parking irig" '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 192nd 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 apIederal, state or county law or regulation that is applicable and any related:_perrn:its" shall be obtained and documented to the City. :4>> 14. A building permit is required prior to commencing any buildfng_,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 the7bfiUrch building._ =" 17. A financial security of $15,000 shall be":sub' mitted.=to guarantee completion of the site improvements and other improvements:=:required by this conditional use permit. 18. The west side building setbackrequirement of '3t2:feet must be met. Ayes: Reuvers, Grenz, DrotningSvvenson:Maguire Boerschel, Lillehei Nays: 0 Break at 8:22 = Reconvened at 7. City of Lakeville = Chair,-' illehei'opened the -,public hearing to consider an amendment to Title 11 (the Zori'irig Ordinance)abf the Lakeville City Code to allow existing single family dwellings as`:`:interim uses in - the RH-1", Multiple Family Residential District, the O -R, OfficelResidential Transition District, and the C -CBD, Commercial Central Business District: ==_._ Dan Licht frorn,k,The Planning Company presented the planning report. Mr. Licht stated that on``Jfr�' 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 210th 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,tfie use. Mr. Licht explained interim uses and why the interim -Iii d:" se approach for existing single family dwellings in certain zoning districts wo yid be S_- best option to address the circumstances presented by the Kettelhut prflperty. Chair Lillehei opened the hearing to the pubic for comment. o;ti .4a Denny Kettelhut, 8710 210th Street Mr. Kettelhut agreed with the July,,16, 2013 planning report and thanked everyone for working with him and his wif b"n'.`-this issue. Motion was made by Boerschel, hearing at 8:39 p.m. Ayes: Reuvers, Griiz; Dxotning, Nays: 0;~_:. ..; Chair Lillehei asked for points were secondW':-by Drotniing to close the public wenson. Maauire. Boerschel. Lillehei frorrf'..'. the Planning Commission. Discussion CommissEo er Droning wanted to make it clear to the Kettelhuts that the Zoning Ordii.iance am ndment will address the non -conforming use issue for -;k:,, their property'but the `property still has non -conforming setback and lot size ` `#ssues that impact,the use of the property. • Tire:•,Planning emission agreed with the interim use approach to address this`issue. s • C I a rifieOWh,a..t_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, Page 13