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HomeMy WebLinkAbout09-20-18 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES September 20, 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, Brooks Lillehei, Scott Einck, Jason Swenson, Paul Reuvers, Ex-officio Mike Lamm Members Absent: Vice Chair Jason Kelvie, Karl Drotning, Jeff Witte Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner, Daniel Licht, TPC Company; Penny Brevig, Recording Secretary 3. Approval of the Meeting Minutes The September 6, 2018 Planning Commission meeting minutes and Planning Commission work session minutes were approved as presented. 4. Announcements Mr. Morey stated that the October 4, 2018 Planning Commission meeting will be cancelled. The next meeting is scheduled for October 18, 2018. 5. Dakota Electric Association Chair Kaluza opened the public hearing to consider the application of Dakota Electric Association for an interim use permit to allow an accessory antenna greater than 50 feet in height in the C-3, General Commercial District, located at 17709 Cedar Avenue. Craig Knudsen from Dakota Electric Association provided a brief overview of their project. Mr. Knudsen stated the reason for the 58 foot tower/antenna height is because there is a certain elevation that they need to meet for communication with the Farmington DEA office. Mr. Dempsey presented the planning report. Mr. Dempsey stated that representatives of Dakota Electric Association (DEA) have submitted an interim use permit (IUP) application and plans for the installation of a 58 foot tall accessory radio antenna and support tower at their substation located north of the City’s Central Maintenance Facility (CMF). The maximum accessory antenna height in the C-3 District is 50 feet unless an IUP is approved to exceed that height. Mr. Dempsey referenced the interim use permit criteria from Section 11-5-5 of the Zoning Ordinance. He pointed out that the most pertinent criteria for consideration of the proposed radio antenna is required landscape screening. Mr. Dempsey indicated Planning Commission Meeting Minutes, September 20, 2018 Page 2 that existing landscaping at the DEA substation site consists of mature evergreen trees and adequately screens the substation and the proposed antenna. DEA has agreed to combine a separate abutting parcel they own south of the principal substation parcel, thereby eliminating a non-conformity. DEA representatives will contact Dakota County regarding the formal procedure to combine the parcels. Mr. Dempsey stated that staff recommends approval of the DEA IUP for an accessory antenna subject to the three stipulations listed in the September 14, 2018 planning report, and adoption of the Findings of Fact dated September 20, 2018. Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Lillehei, seconded by Reuvers to close the public hearing at 6:06 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. The Planning Commission agreed that this is a good location to install the antenna and it will blend in with the surroundings. Motion was made by Lillehei, seconded by Reuvers to recommend to City Council approval of the Dakota Electric Association interim use permit to allow an accessory antenna greater than 50 feet in height in the C-3, General Commercial District, located at 17709 Cedar Avenue, subject to the following stipulations, and adoption of the Findings of Fact dated September 20, 2018: 1. The antenna and tower shall not exceed 58 feet in height 2. The interim use permit for the 58 foot tall accessory antenna and tower shall expire when the antenna and tower is no longer needed for the operations of Dakota Electric Association or their successors 3. The two Dakota Electric Association owned parcels (PID220090079013 & 220090079012) shall be combined into a single parcel Ayes: Einck, Lillehei, Kaluza, Swenson, Reuvers Nays: 0 6. Kenwood Hills Chair Kaluza opened the public hearing to consider the application of Kenwood Hills LLC (aka Homestead Partners LLC) for a variance from the wetland buffer setback to allow the construction of a deck onto the rear of an existing detached townhome within the Kenwood Hills PUD, located at 18254 Jurel Way. Planning Commission Meeting Minutes, September 20, 2018 Page 3 Tom Bakritges and Chuck Ryan from Homestead Partners were in attendance at tonight’s meeting. Mr. Bakritges provided an overview of their request. Mr. Bakritges pointed out the environmental constraints with the development of the Kenwood Hills project, including slopes and wetlands. He explained there is a unique construction method they use called the Diamond Pier Foundation System that will minimize impacts in the wetland buffer area for installation of the proposed deck footings. Mr. Bakritges stated that the survey submitted with the variance application showed the proposed deck on the left (north) side of the home. He provided a revised survey showing the deck on the right (south) side of the home consistent with the location of the existing patio door on the rear of the home. He stated he supports the planning report and the draft findings of fact. Planning Consultant Daniel Licht presented the planning report. Mr. Licht stated that nd the proposed deck, located on Lot 9, Block 3, Kenwood Hills 2 Addition, would encroach into a required wetland buffer setback. The subject site is zoned PUD, Planned Unit Development District. The detached townhome constructed on the subject site complies with all the required minimum setbacks of the PUD District. Mr. Licht explained that there is a wetland to the east of the lot. The 10-foot setback from the wetland buffer extends into the unit lot to the rear wall of the detached townhome. A potential buyer is requesting construction of an elevated deck at the main level patio door that would extend 10 feet from the rear of the detached townhome to the rear line of the unit lot. The proposed deck is within the unit lot but encroaches into the required wetland buffer setback. Mr. Licht stated that the developer is requesting a variance to allow for construction of the proposed deck into the required 10-foot setback from the wetland buffer. He explained the practical difficulty encountered by the developer is that the required setback from the wetland buffer overlays the unit lot limiting the buildable area therein. nd Mr. Licht also described the Kenwood Hills 2 Addition re-plat approved in 2016. Mr. Licht stated that staff recommends approval of a variance from the 10-foot wetland buffer setback required by the Kenwood Hills PUD District and adoption of the Findings of Fact dated September 20, 2018. Chair Kaluza opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Lillehei, seconded by Swenson to close the public hearing at 6:20 p.m. Voice vote was taken on the motion. Ayes - unanimous Chair Kaluza asked for comments from the Planning Commission. Discussion points included: Planning Commission Meeting Minutes, September 20, 2018 Page 4  Commissioner Reuvers referred to the variance criteria listed in Section 11-6- 5.C of the Zoning Ordinance where it states the variance request is “unique to the property not created by the landowner”. He believes the PUD zoning of this property is designed to address this request.  There was a discussion regarding whether other lots in Kenwood Hills have the same situation and could potentially request a variance too. Mr. Morey indicated that he researched this question and determined there would be a maximum of three detached townhome lots that could request a similar variance. One is the existing detached townhome on the lot to the north, which has a three-season porch and meets the wetland buffer setback, and the other is one of the three vacant lots located immediately north of that lot. Chuck Ryan stated JMS Custom Homes will restrict the types of house plans that would be offered for the three vacant lots in order to meet the 10-foot wetland buffer setback. The existing detached townhome with the three-season porch was also designed to meet the 10-foot wetland buffer setback.  The Planning Commissioners support the request for the deck but agreed that amending the PUD would be more appropriate. They also questioned whether restrictive covenants could be recorded against the three vacant lots to ensure that the detached townhomes to be constructed on those lots meet the 10-foot wetland buffer setback.  Mr. Morey reviewed the application process and timing if the developer were to apply for a PUD amendment. Mr. Morey stated that the PUD amendment th would have to be advertised for a public hearing to be held at the October 18 Planning Commission meeting. The developer could request a special City nd Council meeting prior to their work session on October 22 to consider the PUD amendment application. If not, the next possible City Council meeting th would be November 5. The developer stated this would be too late in the year to build the deck.  Mr. Morey clarified that even if the Planning Commission denies the variance request at tonight’s meeting, the developer can still request the variance st application be considered at the October 1 City Council meeting. Chair Kaluza called for a recess at 6:44 so the developer could discuss his options with staff. Reconvened at 6:55  Mr. Bakritges thanked the Planning Commission for the meeting break to discuss his options with staff. He requested the Planning Commission take action this evening on his variance application. Motion was made by Reuvers, seconded by Swenson to recommend to City Council approval of the Kenwood Hills LLC variance from the wetland buffer setback to allow the construction of a deck onto the rear of an existing detached townhome within the Kenwood Hills PUD, located at 18254 Jurel Way, and adoption of the Findings of Fact dated September 20, 2018: Ayes: 0 Planning Commission Meeting Minutes, September 20, 2018 Page 5 Nays: Lillehei, Kaluza, Swenson, Reuvers, Einck The Planning Commission supports construction of the deck but believes that a PUD amendment would be the preferred application. Motion was made by Reuvers, seconded by Einck to direct staff to prepare findings of fact to reflect their discussion and recommendation. Ayes: Kaluza, Swenson, Reuvers, Einck, Lillehei Nays: 0 There being no further business, the meeting was adjourned at 6:59 pm. Respectfully submitted, Penny Brevig, Recording Secretary