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CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
August 15, 2019
Vice Chair Einck 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: Vice Chair Scott Einck, Karl Drotning, Jeff Witte, Brooks Lillehei,
Jason Swenson, Paul Reuvers
Members Absent: Chair Pat Kaluza, Jenna Majorowicz, Ex-officio Mike Lamm
Others Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
Monica Waite, Planning & Zoning Specialist; Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
The July 18, 2019 Planning Commission meeting minutes were approved as
presented.
4. Announcements
Mr. Morey introduced Monica Waite as the City’s new Planning & Zoning Specialist.
She will be presenting Agenda Item 5 at tonight’s meeting.
5. Collin Merrill
Vice Chair Einck opened the public hearing to consider the application of Collin Merrill
for a conditional use permit to allow the construction of a detached accessory building
exceeding the maximum allowable square footage and maximum building height in
the RS-2, Single Family Residential District, located at 11103 – 181st Street.
Collin Merrill presented an overview of his request.
Planning and Zoning Specialist Monica Waite presented the planning report. Ms.
Waite stated that the proposed detached accessory building is a total of 2,496 square
feet with a building height of approximately 18 feet. The narrative describes the
request and the proposed use of the detached accessory building.
Ms. Waite indicated that the proposed building meets the required building setbacks.
Ms. Waite indicated the applicant is proposing to install five, eight-foot tall spruce trees
as a buffer between the detached accessory building and the north property line. She
also indicated that the proposed accessory building will be accessed by a paved
driveway which is an extension of the existing paved driveway.
Planning Commission Meeting Minutes, August 15, 2019 Page 2
Staff is recommending that a $500 escrow be submitted prior to the issuance of a
building permit to ensure that the existing accessory building is removed from the
subject site.
Ms. Waite reviewed the criteria that allows an accessory building area and height to
exceed the Zoning Ordinance requirements by a conditional use permit.
Ms. Waite stated that Planning Department staff recommends approval of the Collin
Merrill conditional use permit and adoption of the Findings of Fact dated August 15,
2019, subject to the ten stipulations listed in the August 9, 2019 planning report.
Vice Chair Einck 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 6:08 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Vice Chair Einck asked for comments from the Planning Commission. Discussion
points included:
• Planning Director Daryl Morey asked the applicant if he agreed with Stipulation
#7, which reads “The existing detached accessory building shall be removed
from the property before issuance of a building permit. A $500 escrow shall be
submitted prior to the issuance of a building permit to ensure completion of this
requirement.”
• Mr. Merrill commented that he would like to keep the existing shed during
construction of the new accessory building but then he would like to put the old
shed inside the new accessory building.
• Mr. Morey explained to Mr. Merrill that the Zoning Ordinance only allows more
than one detached accessory building on a residential property by conditional
use permit and stated he wanted to be sure that Mr. Merrill understood that if
he took the old shed out of the larger accessory building in the future, it would
require a conditional use permit amendment, with new application fees, a new
public hearing, and review by the Planning Commission and City Council.
• The Planning Commission amended the wording in Stipulation #7 to the
following:
7. The existing detached accessory building shall be removed from the
property prior to final building inspection. A $500 escrow shall be
submitted prior to the issuance of a building permit to ensure completion
of this requirement.
Motion was made by Lillehei, seconded by Drotning to recommend to City Council
approval of the Collin Merrill conditional use permit to allow the construction of a
detached accessory building exceeding the maximum allowable square footage and
maximum building height in the RS-2, Single Family Residential District, located at
Planning Commission Meeting Minutes, August 15, 2019 Page 3
11103 – 181st Street, and adoption of the Findings of Fact dated August 15, 2019,
subject to the following ten stipulations, as amended:
1. The detached accessory building shall be constructed in the location identified on
the certificate of survey dated July 19, 2019.
2. The detached accessory building shall be constructed with the materials noted on
the approved conditional use permit plans including factory pre-finished steel
siding and pre-finished steel roofing. Total building height shall not exceed 18.5
feet, as shown on the approved conditional use permit plans.
3. 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.
4. A building permit must be approved by the City prior to construction of the new
detached accessory building.
5. No sanitary sewer service shall be provided to the detached accessory building
and the detached accessory building shall not be used as a dwelling.
6. No home occupation or other commercial use shall occur in any accessory building
on the property. The detached accessory building shall not be used for the
operation of any commercial business or storage of commercial materials or
equipment.
7. The existing detached accessory building shall be removed from the property prior
to final building inspection. A $500 escrow shall be submitted prior to the issuance
of a building permit to ensure completion of this requirement.
8. The driveway shall be paved with concrete, asphalt or paving brick no later than
June 30, 2020. A $2,000 escrow shall be submitted prior to the issuance of a
building permit to ensure completion of this requirement.
9. A staggered row of five (5) evergreen trees shall be planted between the detached
accessory building and the north property line in order to provide the required
permanent screening. The trees shall be staggered in rows at a minimum of 15
feet off center and shall be 8 feet in height or taller at time of planting in accordance
with Zoning Ordinance requirements. Plant material centers shall not be located
closer than ten feet (10’) from the property line. The plantings shall be of sufficient
density to provide a substantially continuous visual screen at maturity of the
installed plantings. A $2,500 escrow shall be submitted prior to the issuance of a
building permit to ensure completion of this requirement.
10.The detached accessory building shall be removed from the subject property if the
subject property is subdivided into additional lots.
Ayes: Swenson, Reuvers, Lillehei, Einck, Witte, Drotning
Nays: 0
6. Recycle Minnesota
Vice Chair Einck opened the public hearing to consider the application of Brett
Anderson, representing DMAC Real Estate Management Company, LLC for a
conditional use permit to allow a building/structure height exceeding 45 feet in the I-1,
Light Industrial District, located at 8812 – 215th Street.
Planning Commission Meeting Minutes, August 15, 2019 Page 4
Brett Anderson representing DMAC Real Estate Management Company, LLC and Jim
Connelly from APPRO Development were in attendance at tonight’s meeting. Mr.
Anderson presented an overview of their request. Mr. Anderson stated that they have
been trying to make their Recycle Minnesota business more efficient and they believe
having this silo on the property will help the property look better. He referred to
Stipulation #4 which states “The storage silo shall be painted an earth tone color to
match the color of the principal building.” He stated that they are purchasing an
existing silo building and they would like to keep it the current white color. He feels
that if they paint over the existing color, the paint could chip and end up looking worse.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that DMAC Real Estate Management Company, LLC is requesting approval of
a conditional use permit to allow the construction of a 69-foot tall storage silo for
Recycle Minnesota. The proposed silo will store recycled glass, such as beverage
bottles and food jars, that is then periodically loaded into a semi-trailer for over the
road transport.
Mr. Dempsey stated that the property is accessed from 215th Street (CSAH 70) via a
shared private driveway with Boise Cascade to the east and from the west via cross
easements from Dick’s Sanitation and Humboldt Road. The site plan shows the
existing building, the approved addition, which is currently under construction, and the
proposed silo as well as modifications proposed to the grass island between Recycle
Minnesota and Dick’s Sanitation to allow cross traffic and circulation between the two
properties. Mr. Dempsey indicated that both properties are under common ownership
and an easement is recorded for permanent use of the cross access. Mr. Dempsey
stated that the proposed parking lot and drive aisles meet the size and dimension
requirements of the Zoning Ordinance.
Mr. Dempsey reviewed how the County Road 70 Improvement Project will affect the
subject property, which is explained in more detail in the August 9, 2019 planning
report.
Mr. Dempsey reviewed the Zoning Ordinance criteria to allow buildings to exceed the
height limitations within the individual zoning districts through a conditional use permit.
Mr. Dempsey indicated that staff’s intent with stipulation #4 was to match the silo color
to the building color.
Mr. Dempsey stated that staff recommends approval of the Recycle Minnesota
conditional use permit, and adoption of the Findings of Fact dated August 18, 2019,
subject to the six stipulations listed in the August 9, 2019 planning report.
Vice Chair Einck opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Reuvers, seconded by Witte to close the public hearing at
6:28 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Planning Commission Meeting Minutes, August 15, 2019 Page 5
Vice Chair Einck asked for comments from the Planning Commission. Discussion
points included:
• There was further discussion on the color of the silo. The Planning Commission
concurred that the silo will be a big improvement for the site.
• Mr. Connelly explained that it would be quite an undertaking to paint the silo
and it would cost approximately $15,000.
• Staff confirmed that the Zoning Ordinance does not require the silo to be white.
• Mr. Dempsey commented that if it wasn’t for the height of the silo exceeding 35
feet, this request would not be in front of the Planning Commission. If the silo
becomes an eyesore, the City can require maintenance to prevent a blighted
condition on the property according to the City Code.
• The Planning Commissioners agreed to remove stipulation #4 that states:
“The storage silo shall be painted an earth tone color to match the color of
the principal building.”
• Commissioner Lillehei asked Mr. Anderson to explain the glass recycling
process, which Mr. Anderson proceeded to do.
Motion was made by Lillehei, seconded by Reuvers to recommend to City Council
approval of the Recycle Minnesota conditional use permit to allow a building/structure
height exceeding 45 feet in the I-1, Light Industrial District, located at 8812 – 215th
Street, and adoption of the Findings of Fact dated August 15, 2019, subject to the
following stipulations, as amended:
1. The site and building improvements shall be developed according to the plans
approved by the City Council.
2. The storage silo shall be constructed in the location shown on the approved site
plan and shall be set back at least 55 feet from the front property line (CSAH 70
right-of-way line).
3. The storage silo shall not exceed 69 feet in height.
4. Containment measures shall be taken at the outlet of the silo chute to prevent glass
and paper from becoming airborne and leaving the containment area while loading
into the trucks.
5. Authorization for the height and construction of the storage silo will be required
from the Federal Aviation Administration (FAA) prior to the issuance of a building
permit for the silo.
Ayes: Reuvers, Lillehei, Einck, Witte, Drotning, Swenson
Nays: 0
There being no further business, the meeting was adjourned at 6:41 pm.
Respectfully submitted,
Penny Brevig, Recording Secretary