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CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
April 21, 2016
Chair Swenson 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: Chair Jason Swenson, Vice Chair Brooks Lillehei, Paul Reuvers,
Karl Drotning, Scott Einck, Pat Kaluza, Jason Kelvie, Ex-officio member Nic Stevens
Members Absent: None
Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Kris Jenson, Associate Planner; Alex Jordan, Project Engineer; and Penny Brevig,
Recording Secretary
3. Approval of the Meeting Minutes
The April 7, 2016 Planning Commission meeting minutes were approved as
presented.
The April 7, 2016 Planning Commission work session meeting minutes were
approved as presented.
4. Announcements
Mr. Morey stated the following items were distributed at tonight’s meeting:
1. April 20, 2016 Parks, Recreation and Natural Resources Committee draft
minutes regarding the Berres Ridge 2nd Addition preliminary plat.
2. E-mail from property owner adjacent to the Petersons (Agenda Item 6) indicating
they have no objection to the proposed fence variance.
3. The addition of a staff recommended stipulation for the Peterson variance
4. E-mail from property owner across the street from the Glenn Klotz property
(Agenda Item 7) who is opposed to the variance.
5. North Trail Elementary School
Chair Swenson opened the public hearing to consider the application of ISD 192 for
a Conditional Use Permit amendment to allow the construction of a classroom
addition to the North Trail Elementary School building, located at 5580 – 170th
Street.
Planning Commission Meeting Minutes, April 21, 2016 Page 2
Maria Kennedy and Angela Otteson from Wold Architects and Engineers were in
attendance at tonight’s meeting. Ms. Kennedy presented a brief overview of their
request. She indicated that the addition will include two kindergarten classrooms
and extension of the commons area. The exterior will match the existing building
and roof top mechanicals will be added, which will be screened as required by the
Zoning Ordinance.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that representatives from ISD 192 are requesting a CUP amendment to allow
a two classroom, 2,800 square foot addition to the northeast side of the North Trail
Elementary School building to accommodate the new all-day Kindergarten program.
Mr. Dempsey reviewed the property access, circulation and parking requirements.
The property access will remain unaffected by the proposed addition, the west
driveway serves as the bus access to the south and west sides of the building, and
the property greatly exceeds Zoning Ordinance requirements for parking spaces.
The proposed building materials will match the existing building and will include
three windows and an exit door.
Mr. Dempsey stated that Planning Department staff recommends approval of the
CUP amendment, subject to the four stipulations listed in the April 15, 2016 planning
report, and adoption of the Findings of Fact dated April 21, 2016.
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Drotning, seconded by Reuvers to close the public
hearing at 6:07 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Motion was made by Lillehei, seconded by Drotning to recommend to City
Council approval of the ISD 192, North Trail Elementary School Conditional Use
Permit amendment to allow the construction of a classroom addition, located at 5580
– 170th Street, and adoption of the Findings of Fact dated April 21, 2016, subject to
the following stipulations:
1. The site plan and building addition shall be developed in accordance with the
plans approved by the City Council.
2. A building permit is required prior to commencing construction.
3. The addition is subject to review by the Fire Marshal
4. All lighting shall meet the requirements of the Zoning Ordinance.
Ayes: Kelvie, Einck, Lillehei, Swenson, Reuvers, Kaluza, Drotning
Nays: 0
Planning Commission Meeting Minutes, April 21, 2016 Page 3
6. Thomas and Lori Peterson
Chair Swenson opened the public hearing to consider the application of Thomas and
Lori Peterson for a Variance to allow a six foot tall privacy fence in the front yard of a
single family residential corner lot abutting 185th Street (CSAH 60), located at 18490
Jasper Path.
Thomas and Lori Peterson were in attendance at tonight’s meeting. Ms. Peterson
presented a brief overview of their request. She showed pictures of what their
property looked like prior to and following the CSAH 50/60 roundabout project. She
indicated that they installed the same type of fence that they had prior to the street
improvements.
Planning Director Daryl Morey presented the planning report. Mr. Morey stated that
the Peterson’s have submitted a variance application to allow them to keep the
portion of their existing six foot tall privacy fence located in the front yard of their
single family home located at 18490 Jasper Path.
The Peterson’s home is located adjacent to the CSAH 50/60 roundabout
improvements constructed in 2015. The fence, which is located adjacent to CSAH
60 along the south side of the property, replaced a six foot tall privacy fence that was
constructed several years earlier but which had to be relocated due to the CSAH
50/60 improvement project. The new privacy fence now extends past the front of the
house along the south side of the lot. The previous privacy fence did not extend
past the front of the house. Mr. Morey stated that the Zoning Ordinance requires the
portion of the fence located in front of the house be a maximum of four feet in height
and be at least 75% open (i.e. chain link). For this reason, the zoning permit for the
new privacy fence was approved by staff in error.
Mr. Morey explained that there are three corner lots abutting Cedar Avenue (CSAH
23) where the privacy fence extends along the side lot line and past the front of the
house. This fencing was installed by Dakota County as part of the Cedar Avenue
BRT improvements in 2011.
Mr. Morey proposed one stipulation to be added to the Peterson variance motion:
1. The portion of the fence located in front of the house cannot be expanded unless
it complies with Zoning Ordnance requirements.
Mr. Morey stated that Planning Department staff recommends approval of the
Peterson variance, with the added stipulation, and adoption of the Findings of Fact
dated April 21, 2016.
Chair Swenson opened the hearing to the public for comment.
There were no comments from the audience.
Planning Commission Meeting Minutes, April 21, 2016 Page 4
Motion was made by Lillehei, seconded by Reuvers to close the public hearing
at 6:17 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Chair Swenson asked for comments from the Planning Commission. The Planning
Commission concluded that because practical difficulty for this variance request was
created by the CSAH 50/60 road improvements and by an error on staff’s part, they
would recommend approval of the variance.
Motion was made by Kelvie, seconded by Drotning to recommend to City
Council approval of the Peterson Variance to allow a six foot tall privacy fence in the
front yard of a single family residential corner lot abutting 185th Street (CSAH 60),
located at 18490 Jasper Path, subject to the following stipulation, and adoption of
the Findings of Fact dated April 21, 2016:
1. The portion of the fence located in front of the house cannot be expanded unless
it complies with Zoning Ordinance requirements.
Ayes: Einck, Lillehei, Swenson, Reuvers, Kaluza, Drotning, Kelvie
Nays : 0
7. Glenn Klotz
Chair Swenson opened the public hearing to consider the application of Glenn Klotz
for a Variance to allow construction of a single family home on a non-conforming
1.29 acre parcel in the RA, Rural/Agricultural District, located west of Judicial Road
and south of the Lakeville/Burnsville city limits.
Glenn Klotz presented an overview of his request. Mr. Klotz feels that the
construction of a house on this lot will comply with the Comprehensive Plan as it is a
residential use and will fit in with the character of the surrounding properties. He felt
it made sense to be able to sell the proposed house to recoup what he has paid on
property taxes since the property was purchased. He did not feel this would set
precedence since there are no other lots in the area to build on.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that the subject property (part of Lot 4) has been under the same ownership
since before it was subdivided in 1980 and once totaled 4.25 acres. It was
subdivided into three separate parcels with the subject parcel being 1.29 acres.
Mr. Dempsey stated that in 1977 the City Council adopted an Ordinance requiring
that all lots without city sewer must be 10 acres in area and 300 feet in width. When
the subject property was subdivided in 1980, the legal non-conforming “grandfather”
rights were forfeited which means a variance is now required. He stated City sanitary
sewer is not expected to serve this area until after 2020. The City sanitary sewer
would come from the south.
Planning Commission Meeting Minutes, April 21, 2016 Page 5
Mr. Dempsey stated the Zoning Ordinance requires that a variance address and
meet seven specific criteria. In review of these criteria, City staff determined that
this variance request does not meet all seven criteria. The criteria that pose the
greatest challenge in the demonstration of practical difficultly are that the plight of
the landowner is due to circumstances unique to the property not created by the
landowner and that the purpose of the variance is not exclusively for economic
considerations.
Mr. Dempsey stated that Planning Department staff recommends denial of the Klotz
variance because it does not meet all seven of the criteria listed in the Zoning
Ordinance, and adoption of the Findings of Fact dated April 21, 2016.
Chair Swenson opened the hearing to the public for comment.
Marlys Thom, 12145 – 162nd Street
Ms. Thom lives adjacent to the subject property. She bought her property in 1982
after confirming with the City that the properties around her cannot be subdivided.
She loves the rural character of the area and she wants it to stay that way.
Dave Delmonico, 16031 Judicial Road
Mr. Delmonico lives directly to the south of the subject property. His letter stating
why he felt this variance should not be approved was included in the planning
packet. He stated that the proposed septic system on the Klotz lot would only be 50
feet from his septic system and that there would be three septic systems within
about 200 feet of each other.. This would not be beneficial to the wells in the area.
He feels this would not fit the character of the neighborhood. He doesn’t like that he
would be looking at a house rather than trees.
Roger Schiffler, 16003 Judicial Road
Mr. Schiffler agrees with the neighbors who spoke. He feels that Mr. Klotz created
this issue. He stated that Mr. Klotz should have sold the subject property when it
was originally subdivided.
Tom Olsen, 15725 Judicial Road
Mr. Olsen stated that with the lot as small as it is, Mr. Klotz should wait to build until
City sewer and water are available.
Motion was made by Lillehei, seconded by Kaluza to close the public hearing
at 6:48 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Chair Swenson asked for comments from the Planning Commission.
Planning Commission Meeting Minutes, April 21, 2016 Page 6
Commissioner Lillehei reminded the neighbors that the subject property could be
used for the agricultural purposes allowed in the RA District. He indicated that the
neighbors do not own their view and they shouldn’t expect the property to remain the
way it is.
Commissioner Drotning asked Mr. Dempsey to re-state the timeline involved with the
subdivision of the Klotz’s parent parcel and the City’s Zoning Ordinance
requirements.
The Planning Commission agreed that the variance does not meet all of the criteria
of the Zoning Ordinance.
Motion was made by Drotning, seconded by Lillehei to recommend to City
Council approval of the Klotz Variance to allow construction of a single family home
on a non-conforming 1.29 acre parcel in the RA, Rural/Agricultural District, located
west of Judicial Road and south of the Lakeville/Burnsville city limits, as presented.
Ayes: 0
Nays: Lillehei, Swenson, Reuvers, Kaluza, Drotning, Kelvie, Einck
Motion was made by Lillehei, seconded by Reuvers to recommend to City
Council adoption of the Findings of Fact dated Aril 21, 2016.
Ayes: Swenson, Reuvers, Kaluza, Drotning, Kelvie, Einck, Lillehei
Nays: 0
8. Berres Ridge 2nd Addition
Chair Swenson opened the public hearing to consider the application of Berres
Ridge Development, LLC for the following, located north of 202nd Street (CSAH 50)
and east of Highview Avenue: A. Preliminary plat of 135 single family residential lots
to be known as Berres Ridge 2nd Addition, and B. Zoning Map amendment to rezone
a portion of the property from RS-3, Single Family Residential District to RS-4,
Single Family Residential District.
Bart Winkler and John Anderson from Berres Ridge Development, LLC, and Nick
Polta from Pioneer Engineering were in attendance at tonight’s meeting. Mr.
Anderson presented an overview of their request. Mr. Anderson stated that they are
proposing to reconfigure the original layout of the approved Berres Ridge preliminary
plat, but they will keep the same number of lots as the approved preliminary plat. He
explained that they are asking for a 50 foot right of way width for Hiawatha Court and
199th Court because there is an existing house on the adjacent lot to the west with
large pine trees and if they have to widen the cul-de-sac street right-of-way, the pine
trees will be impacted. They also felt that it was more important for the lots on the
cul-de-sac streets to have larger back yards. He asked that the Planning
Commission consider the 50 foot right of way width for the two cul-de-sacs.
Planning Commission Meeting Minutes, April 21, 2016 Page 7
Mr. Anderson requested that the developer be reimbursed for grading and
restoration for the portion of the eight foot wide bituminous trail on the east side of
Highview Avenue that is not adjacent to the Berres Ridge plat. He also questioned
why the developer would be responsible for placing the existing utility lines located
along the west side of Highview Avenue underground since it is adjacent to property
they do not own.
Mr. Anderson stated that they will final plat 63 lots this summer located on the west
side of the Berres Ridge 2nd Addition preliminary plat. They will have six different
home builders similar to Berres Ridge 1st Addition.
The Planning Commission accepted a letter from Paul and Sandra Anderson, who
live at 19970 Highview Avenue, which is the property with the pine trees discussed
earlier. The letter indicates their support for the cul-de-sacs with a 50foot right of
way width.
Associate Planner Kris Jenson presented the planning report. Ms. Jenson stated
that the Berres Ridge 2nd Addition preliminary plat consists of 135 single family
residential lots. The Zoning Map amendment would rezone 33 lots (which are listed
in the April 14, 2016 planning report) from RS-3, Single Family Residential District to
RS-4, Single Family Residential District. The developer is proposing to modify the
layout of the area generally located west of Hamburg Avenue, south of 198th Street,
and north of 200th Street, but keep the overall lot count for the full Berres Ridge
development at 366.
Ms. Jenson indicated that all 135 lots in the Berres Ridge 2nd Addition preliminary
plat meet the respective RS-3 or RS-4 lot area, width, depth and setback
requirements of the Zoning Ordinance. A small portion of Lot 1, Block C lies within
the adjacent City-owned property (Outlot B, St. John’s 1st Addition). The developer
will acquire this parcel in exchange for Outlot A, Berres Ridge 1st Addition with the
recording of the Berres Ridge 2nd Addition final plat.
There are a total of seven outlots in the Berres Ridge 2nd Addition preliminary plat.
Outlots A, C, and D will be reserved for future development, Outlots B, E and F will
be deeded to the City with the final plat, and Outlot G is a portion of the Berres
Ridge preliminary plat and should be shown as the lots and blocks approved with the
Berres Ridge preliminary plat prior to City Council consideration. Ms. Jenson
indicated that if the Berres Ridge 2nd Addition preliminary plat is approved with Outlot
G as shown, that area would be required to be re-preliminary platted in the future
before it could be final platted as lots and blocks.
Ms. Jenson reviewed the streets, sidewalks and trails that are proposed with the
Berres Ridge 2nd Addition and which are described in detail in the April 14, 2016
engineering report.
There are 378 significant trees located within the Berres Ridge 2nd Addition
preliminary plat. 107 Trees (28%) are proposed to be saved.
Planning Commission Meeting Minutes, April 21, 2016 Page 8
Ms. Jenson stated that Planning Department staff recommends approval of the
preliminary plat and Zoning Map amendment, subject to the 12 stipulations listed in
the April 14, 2016 planning report, along with adoption of Findings of Fact dated
April 21, 2016.
Chair Swenson opened the hearing to the public for comment.
Bill Penning, 20160 Hamburg Avenue
Mr. Penning commented that he feels the neighbors have been kept in the dark
about this plat. The public hearing notice was the first that he heard of this
development. He feels there should be better communication from the developer
and/or City. He had concerns about future improvements to Hamburg Avenue and
County Road 50. He suggested that the developer have a meeting with the
neighbors to discuss the improvements.
Judy Tonak, 20140 Hamburg Avenue
Ms. Tonak concurred with Mr. Penning about not having been informed of this plat.
Her other concerns were:
• Concerned about the extension of Hamburg Avenue as part of the Berres
Ridge development. She does not want to pay for everyone else’s upgrades
to the roads in the area.
• The upgrade to Hamburg Avenue will be very noisy and very dusty since their
section of Hamburg Avenue is not paved.
• She heard that there was going to be a roundabout at the Hamburg and
CSAH 50 intersection.
• Complained about water run-off onto her property.
Rich Tonak, 20140 Hamburg Avenue
Mr. Tonak reiterated his wife’s concerns about water runoff onto their property. He
stated that easements were filed against their property without their knowledge.
Motion was made by Kelvie, seconded by Reuvers to close the public hearing
at 7:18 p.m.
Voice vote was taken on the motion. Ayes – unanimous
Chair Swenson asked for a response to the questions and comments made by the
developer and the neighbors. Discussion points included:
• Nick Polta from Pioneer Engineer addressed the drainage and grading issues
and the reduced right of way width request for the two cul-de-sac streets. He
indicated that Berres Ridge 1st Addition included the construction of two
ponding areas, which are substantially complete, located along County Road
50. These ponding areas will meet the City’s requirements for rate, volume
control and retention. He also provided additional explanation behind the
Planning Commission Meeting Minutes, April 21, 2016 Page 9
developer’s request for the 50 foot right of way width for the two cul-de-sac
streets.
• Alex Jordan explained City staff’s recommendation for the 60 foot cul-de-sac
right of way width in relation to Subdivision Ordinance requirements. He also
stated that there would never be easements recorded on a property without
the owners’ knowledge.
• The Planning Commission agreed with staff’s recommendation that the plans
be modified to show a 60 foot right of way width for Hiawatha Court and 199th
Court. The Planning Commission agreed that they were comfortable with the
existing and proposed Berres Ridge ponding, drainage and grading.
• The Berres Ridge plat will dedicate 80 feet of right of way for 200th Street from
Heritage Drive to Hamburg Avenue. Traffic calming options are being
considered for this segment of 200th Street.
• Mr. Jordan stated that a traffic study was prepared with the Berres Ridge
preliminary plat recommending that the gravel segment of 200th Street
between Hamburg Avenue and Cedar Avenue, which is east of the site, be
paved prior to reconstruction of the 200th Street and Hamburg Avenue
intersection with a future phase of the Berres Ridge development due to the
increased traffic volumes that will occur on that segment of 200th Street as a
result of the Berres Ridge development.
• City staff explained the public notification process. Neighborhood meetings
are hosted by the developer on a case-by-case basis and are not a
requirement of the City. City staff will suggest a developer host a
neighborhood meeting when the use proposed by the development is
different than the surrounding neighborhood, such as commercial next to
residential.
• The burial of the existing overhead utility lines along the west side of
Highview Avenue and the costs associated with the construction of the trail on
the east side of Highview Avenue outside of the plat were discussed. Mr.
Morey indicated that staff will discuss these items prior to the preliminary plat
being considered by the City Council.
• Commissioner Lillehei stressed to the neighbors the importance of educating
themselves about development occurring in their neighborhoods. Public
hearing notices are published in the local newspaper and residents can call
the City to get development project information.
• Mr. Tonak stated that he felt it should not be up to the residents to find out all
the information on a development. It should be the City’s and developer’s
responsibility. He stated that it is difficult to follow up on something that one
doesn’t know anything about. Mr. Morey indicated that staff will talk to Mr.
Tonak about his concerns after tonight’s meeting.
Motion was made by Kelvie, seconded by Drotning to recommend to City
Council approval of the Berres Ridge 2nd Addition preliminary plat of 135 single
family residential lots and a Zoning Map amendment to rezone a portion of the
property from RS-3, Single Family Residential District to RS-4, Single Family
Residential District, subject to the following 12 stipulations, and adoption of the
Findings of Fact dated April 21, 2016:
Planning Commission Meeting Minutes, April 21, 2016 Page 10
1. The recommendations listed in the April 21, 2016 engineering report.
2. The recommendations of the Parks, Recreation and Natural Resources
Committee.
3. The developer’s acquisition of City-owned land in exchange for Outlot A, Berres
Ridge 1st Addition will be processed in conjunction with the final plat.
4. Prior to consideration by the City Council, the preliminary plat shall be modified to
remove Outlot G and show the areas previously approved with the Berres Ridge
preliminary plat.
5. The developer shall modify the plat to show Hiawatha Court and 199th Court with
a 60 foot right of way.
6. The developer shall construct five-foot wide concrete sidewalks along one side of
Henley Lane, Harvest Drive, Harrisburg Way, Hexham Way, and 198th Street.
7. The developer must construct five-foot wide concrete sidewalks on both sides of
200th Street and Hamburg Avenue. The developer must construct an eight foot
wide bituminous trail on the east side Highview Avenue.
8. “Future Street Extension” signs and barricades must be placed at the end of
Hexham Way and 198th Street.
9. A temporary turnaround must be constructed within a temporary turnaround
easement and must be paved within one year on Hexham Way.
10. All corner lots along Hamburg Avenue must have their driveway access from the
adjacent side street. This applies to Lots 17 and 19, Block F; Lots 1 and 8, Block
G; and Lots 6 and 7, Block H.
11. All corner lots along 200th Street must have their driveway access from the
adjacent side street. This applies to Lots 1, 11, and 12, Block A; Lots 9 and 10,
Block B; Lot 12, Block D; and Lot 1, Block E.
12. Outlots B, E and F shall be deeded to the City with the final plat.
Ayes: Reuvers, Kaluza, Drotning, Kelvie, Einck, Lillehei, Swenson
Nays: 0
There being no further business, the meeting was adjourned at 8:00 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary