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HomeMy WebLinkAbout04-20-17 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES April 20, 2017 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, Karl Drotning, Scott Einck, Jason Kelvie, Pat Kaluza, Elizabeth Bakewicz, Ex-officio Member Mike Lamm Members Absent: Paul Reuvers Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Daniel Licht, The Planning Company; and Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The April 6, 2017 Planning Commission meeting minutes were approved as presented. The April 6, 2017 Planning Commission/City Council joint work session meeting minutes were approved as presented. 4. Announcements Mr. Morey stated the following items were distributed to the Planning Commission at tonight’s meeting:  E-mails in response to Agenda Item 7, Zoning Ordinance amendment Mr. Morey reminded the Planning Commissioners to sign up to attend the upcoming th 2018 Comprehensive Plan public meetings starting April 25. Mr. Morey welcomed our new Ex-officio member Mike Lamm to the Planning Commission. Chair Swenson also welcomed Officer Lamm. 5. Richard Berres Chair Swenson opened the public hearing to consider the application of Richard Berres for a conditional use permit to allow the construction of a detached accessory building exceeding the maximum allowable floor area and maximum building height in the RS-3, Single Family Residential District located at 19848 Highview Avenue. Richard Berres presented an overview of his project. Mr. Berres commented that they have run their family dairy farm in Lakeville since 1962. They have started to develop Planning Commission Meeting Minutes, April 20, 2017 Page 2 their land now so the existing farm buildings will be removed soon. He is requesting approval of the proposed detached accessory building because they need a place to keep some of the current farm equipment after the existing farm buildings are removed. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Richard Berres has submitted an application for a conditional use permit (CUP) to allow the construction of a detached accessory building greater than 1,100 square feet in area and building height greater than 15 feet in the RS-3 District. The applicant is proposing a storage area and a recreation room for a total 3,568 square foot accessory building. The building would be used to store his small machinery that he uses to maintain his property. Mr. Dempsey described the existing conditions of the property. When the property was subdivided in 2000 a stipulation required that a small notch of property along the north property line be deeded to the property owner to the north to eliminate an accessory building encroachment. The notch of property was subdivided but the combination with the property to the north did not occur. Mr. Dempsey stated that the lot combination must occur prior to issuance of a building permit for the new accessory building. Mr. Dempsey stated that the existing driveway is unpaved and considered legal non- conforming. The accessory building will be located behind the house. Staff supports the driveway extension to serve the accessory building be gravel to match the existing driveway. The proposed driveway will not interfere with the private sanitary sewer system located south of the house. A stipulation of the CUP requires the detached accessory building be removed from the subject property when the subject property is subdivided into additional residential lots. Mr. Dempsey reviewed the criteria for a CUP for an accessory building, which are listed in the April 14, 2017 planning report. Mr. Dempsey stated that staff recommends approval of the Richard Berres CUP subject to the 8 stipulations listed in the April 14, 2017 planning report, and adoption of the Findings of Fact dated April 20, 2017. Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Kelvie, seconded by Lillehei to close the public hearing at 6:11 p.m. Voice vote was taken on the motion. Ayes – unanimous Planning Commission Meeting Minutes, April 20, 2017 Page 3 Chair Swenson asked for comments from the Planning Commission. Discussion points included:  The Planning Commission likes the orientation of the proposed accessory building and appreciated that Mr. Dempsey provided an updated list of CUP requests for accessory buildings that have been approved in the past.  Mr. Dempsey stated that the original farm buildings will be removed in Phase Three of the Berres Ridge development. Mr. Dempsey confirmed that the City prefers to see these types of buildings removed when the land use changes from farming to residential. Motion was made by Drotning, seconded by Einck to recommend to City Council approval of the Richard Berres conditional use permit to allow the construction of a detached accessory building exceeding the maximum allowable floor area and maximum building height in the RS-3, Single Family Residential District located at 19848 Highview Avenue subject to the following stipulations, and adoption of the Findings of Fact dated April 20, 2017: 1. The combination of Parcels #22-02100-53-011 and #22-02100-51-013 shall occur prior to issuance of a building permit for the new accessory building. 2. The detached accessory building shall be constructed in the location identified on the certificate of survey dated March 29, 2017. 3. The detached accessory building shall be constructed with materials noted on the approved conditional use permit plans including residential grade siding and roof materials. Total building height shall not exceed 18 feet, as defined by the Zoning Ordinance. 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. No sanitary sewer service shall be provided to the detached accessory building and the detached accessory building shall not be used as a dwelling. 7. No home occupation or other commercial use shall occur in any accessory building on the property. The accessory building shall not be used for the operation of any commercial business or storage of commercial materials or equipment. 8. The detached accessory building shall be removed from the property when the subject property is subdivided into additional residential lots. Ayes: Kelvie, Einck, Lillehei, Swenson, Bakewicz, Kaluza, Drotning Nays: 0 6. Sandi Raines Chair Swenson opened the public hearing to consider the application of Sandi Raines for a variance for a deck structure setback from the Orchard Lake Ordinary High Water Level (OHWL) and for total impervious surface area on the property located at 12245 th – 175 Street. Planning Commission Meeting Minutes, April 20, 2017 Page 4 Sandi Raines presented an overview of her request. The Planning Commission accepted into the records a petition in favor of her being allowed to keep the porch posts and trellis and a handout that Ms. Raines presented. She indicated that she removed the parking strips. Commissioner Lillehei asked Ms. Raines if she is amending her variance request to not include the parking strips (impervious surface area). She responded that she is no longer including the parking strips in her variance request. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey reviewed Ms. Raines’ previously approved conditional use permit and her stated reasons for the variance request. He pointed out the non-conformities with the subject property which include lot area, lot width, impervious surface area, and building setback. Mr. Dempsey indicated that construction of the pergola and support posts within the OHWL minimum setback and installation of paver bricks for parking were completed by Ms. Raines without City approval. Mr. Dempsey stated that Ms. Raines met with the Planning Commission at their March 16, 2017 work session to get their feedback on her variance request. The Planning Commission concluded after her presentation that her request did not meet the variance criteria and explained to her that if she updated her survey to show the total impervious surface area of the property and if the total impervious surface area was not more than 36.1%, which was approved with her 2015 CUP, she would be allowed to keep one paver strip. As she stated, Ms. Raines has since removed both parking strips. Mr. Dempsey reviewed the variance criteria that is listed in his April 14, 2017 planning report. Mr. Dempsey stated staff’s review of the variance request concludes that the applicant has reasonable use of the deck approved with the original CUP, which did not include the pergola and pergola support structures. He identified options, such as a retractable awning, that staff has offered to Ms. Raines that would be in compliance with Zoning Ordinance requirements. Planning staff concludes that a variance is not justified because the request does not meet the variance criteria of the Zoning Ordinance and recommends that the variance application be denied. Findings of Fact have been provided to support the denial. Chair Swenson opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Kelvie, seconded by Einck to close the public hearing at 6:33 p.m. Voice vote was taken on the motion. Ayes – unanimous Planning Commission Meeting Minutes, April 20, 2017 Page 5 Chair Swenson asked for comments from the Planning Commission. Discussion points included:  The Planning Commissioners agreed that this was reviewed at their work session and nothing has changed since then, except that Ms. Raines has removed the parking strips. They specifically made reference to #3 of the seven criteria for variances which states: “That the plight of the landowner is due to circumstances unique to the property not created by the landowner.” Because Ms. Raines did not comply with the CUP that was granted to her and this plight was created by the landowner, they felt they could not support the variance request.  Chair Swenson stressed that the City very much encourages new residents to contact the City to find out what they can and cannot do on the property prior to either purchasing the property or constructing anything on the property. Motion was made by Kaluza, seconded by Drotning to recommend to City Council denial of the Raines variance application for a deck structure setback from the Orchard th Lake Ordinary High Water Level on property located at 12245 – 175 Street, and adoption of the Findings of Fact for denial dated April 20, 2017. Ayes: Einck, Lillehei, Swenson, Bakewicz, Kaluza, Drotning, Kelvie Nays: 0 7. City of Lakeville Chair Swenson opened the public hearing to consider amendments to various chapters of Title 11 (the Zoning Ordinance) of the Lakeville City Code. Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that the amendments to the Zoning Ordinance included in the April 13, 2017 planning report were discussed at a Planning Commission work session and a City Council work session held on March 2, 2017 and March 27, 2017 respectively. Mr. Licht reviewed the amendments, which include industrial building exterior materials, non- conforming unsewered lots, single family detached accessory buildings, off-street parking requirements for convenience food uses, model home permits, and the keeping of animals. Mr. Licht stated that staff recommends approval of the proposed Zoning Ordinance amendment as presented. Chair Swenson opened the hearing to the public for comment. Daniel Callahan, 15715 Judicial Road Mr. Callahan had sent an e-mail to Planning Department staff to be included in tonight’s discussion. He feels the proposed amendment to the non-conforming unsewered lots section of the Zoning Ordinance will undo Zoning Ordinance Planning Commission Meeting Minutes, April 20, 2017 Page 6 provisions established in 1977. He stated that it would be disrespecting the process to approve this change. He feels that Mr. Klotz is asking for special treatment. Gina Fisher 16300 Judicial Road Ms. Fisher’s parents own the property at 16300 Judicial Road. She agrees with Mr. Callahan. She feels this amendment will suit only one individual, not the entire city. th Ben Osborn, 10422 - 209 Street W. Mr. Osborn is here tonight on behalf of the proposed changes to the animal section of the Zoning Ordinance related to beekeeping. He questioned the additional requirement of fencing around the perimeter of the property and why it was not raised at the Planning Commission work session. Mr. Osborn stated that since he does not need a fence to own a dog or a cat, nor would not have to fence his whole yard if he had a pool, he should not be required to have a fence to keep bees. He suggested that shrubbery around the bee hive would be sufficient. He felt the fence requirement is excessive. Motion was made by Drotning, seconded by Kelvie to close the public hearing at 7:11 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Swenson asked for comments from the Planning Commission. Discussion points included:  Commissioner Bakewicz asked Mr. Licht to explain why after 40 years we are considering an amendment to the unsewered lots section of the Zoning Ordinance. Mr. Licht explained the proposed amendment.  Commissioners Drotning and Swenson explained why they support the proposed amendment to the non-conforming unsewered lots section of the Zoning Ordinance.  The Planning Commission asked how the fence requirement for beekeeping was initiated because they had not discussed this previously. Mr. Morey explained that the requirement attempts to address a concern raised at the th March 27 City Council work session about possible impacts to adjacent property owners who are severely allergic to bees.  After the Planning Commission listened to additional testimony from a board member of the Minnesota Hobby Beekeepers Association, they determined that a fence should not be required as a performance standard under subsection 2.c(1).  The Planning Commission recommended removing sub section 2.c(1) in its entirety. Commissioner Lillehei wanted to recognize the citizens for coming to the Planning Commission meetings and explaining bee keeping to them and for writing e-mails highlighting the unsewered lot dates of 1977 versus 1984 and to Mr. Callahan for Planning Commission Meeting Minutes, April 20, 2017 Page 7 educating them on the history of those unsewered lots. This information was very valuable. Motion was made by Lillehei, seconded by Drotning to recommend to City Council approval of an amendment to Title 11 of the City Code (the Zoning Ordinance) as amended. Ayes: Lillehei, Swenson, Bakewicz, Kaluza, Drotning, Kelvie, Einck Nays: 0 8. Election of Planning Commission Officers Motion was made by Drotning, seconded by Kelvie to nominate Commissioner Swenson to the office of Chair and to nominate Commissioner Kaluza to the office of Vice Chair effective April 20, 2017, and to close nominations. Chair Swenson stated that it has been an honor to serve as the Chair of the Planning Commission and he appreciates their trust. Ayes: Swenson, Bakewicz, Kaluza, Drotning, Kelvie, Einck, Lillehei Nays: 0 There being no further business, the meeting was adjourned at 7:55 p.m. Respectfully submitted, Penny Brevig, Recording Secretary