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HomeMy WebLinkAbout05-03-18 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES May 3, 2018 Chair Kaluza 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 Pat Kaluza, Vice Chair Jason Kelvie, Jason Swenson, Scott Einck, Karl Drotning, Jeff Witte, Brooks Lillehei Members Absent: Ex-officio member Mike Lamm Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The April 19, 2018 Planning Commission meeting minutes and Planning Commission work session minutes were approved as presented. 4. Announcements Mr. Morey informed the audience that tonight’s work session will be held in the Marion Conference Room immediately following the regular Planning Commission meeting. 5. Karen Custer and Richard Gephart Chair Kaluza opened the public hearing to consider the application of Karen Custer and Richard Gephart for a variance from the side yard building setback requirement to allow the construction of a new single family home on a parcel located in the RS-3, Single Family Residential District and Lake Marion Shoreland Overlay District, located th at 10322 – 199 Street. Mark Gergen, the applicant’s builder, provided a brief overview of the request. Mr. Gergen stated he assumed that there were 10-foot side yard setbacks when designing the new home for this lot but found out the required side yard setback is 20 feet after talking to City staff. He looks at this lot as an asset to the City. Taking the existing house out of the lake setback is an improvement to the property. Associate Planner Frank Dempsey presented the planning report. The house that is currently located on the subject lot would be demolished and a new house would be built. The minimum required side yard setback for this parcel is 20 feet due to an administrative subdivision approved for the property in 1996, which erased the property’s grandfather rights to a 10-foot side yard setback. The applicant is proposing a 10-foot side yard building setback consistent with the side yard setback required for other lots in the area created before January 1980. Since most houses Planning Commission Meeting Minutes, May 3, 2018 Page 2 in the neighborhood have a 10-foot side yard setback, the new house would not be out of character for the neighborhood. The existing non-conforming conditions were reviewed by Mr. Dempsey along with the non-conforming conditions that will be corrected with this request. Mr. Dempsey reviewed the criteria for granting a variance. With all the neighbors entitled to a 10-foot side yard setback, a variance would not allow the applicants a right not enjoyed by other property owners in the area. Mr. Dempsey stated that staff recommends approval of the variance, subject to the four stipulations listed in the April 27, 2018 planning report, and adoption of the Findings of Fact dated May 3, 2018. Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Drotning, seconded by Kelvie to close the public hearing at 6:11 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Kaluza asked for comments from the Planning Commission. Discussion points included:  Commissioner Swenson expressed his interest with the history of the 1910 Antlers Park plat. He was supportive of the variance request. He felt the property won’t look significantly different from the neighbors and he supports the elimination of non-conformities on the property.  Commissioner Witte agreed that the elimination of non-conformities will bring the property more in line with City Code.  Commissioner Drotning asked if the lot would still be under the 25% maximum impervious surface area requirement given the proposed paving of the driveway. Mr. Dempsey confirmed the impervious surface coverage would be 21.1% as noted on the survey.  Commissioner Lillehei stated that he is in favor of this variance request. But he asked for an explanation of the variance criteria “That the plight of the landowner is due to circumstances unique to the property not created by the landowner.” Mr. Dempsey explained that by adjusting the lot lines in 1996, the lot lost its grandfather rights to a 10-foot side yard setback.  Confirmed that the lot to the east (Parcel B) will have a 20-foot side yard setback requirement when a house is built on it.  Mr. Gergen indicated that this is a reasonable sized home in today’s market and fits the value of the property. Planning Commission Meeting Minutes, May 3, 2018 Page 3 Motion was made by Drotning, seconded by Kelvie to recommend to City Council approval of a variance from the side yard building setback requirement to allow the construction of a new single family home on a parcel located in the RS-3, Single Family Residential District and Lake Marion Shoreland Overlay District, located at th 10322 – 199 Street, subject to the following four stipulations, and adoption of the Findings of Fact dated May 3, 2018: 1. All proposed and future structures, including a deck more than 30 inches above grade, shall comply with all setbacks required by the Zoning Ordinance. 2. Site grading, excavation and tree removal shall not occur prior to submittal of a $5,000 site restoration and landscape escrow and approval of a building permit. 3. All disturbed soils shall be restored and established with groundcover immediately after work in that area is completed. 4. A minimum of 11 trees shall be planted on the property, five of which shall be planted between the house and the lake. All new trees shall be a minimum of 2 ½ inch caliper for deciduous trees and eight feet tall for evergreen trees. Ayes: Swenson, Einck, Lillehei, Kaluza, Kelvie, Witte, Drotning Nays: 0 There being no further business, the meeting was adjourned at 6:27 p.m. The Planning Commission immediately went into their scheduled work session. Respectfully submitted, Penny Brevig, Recording Secretary