HomeMy WebLinkAbout12-19-19
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
December 19, 2019
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 Scott Einck, Karl Drotning, Jenna
Majorowicz, Jeff Witte, Jason Swenson, Brooks Lillehei, Ex-officio Mike Lamm
Members Absent: None
Others Present: Daryl Morey, Planning Director; Penny Brevig, Recording Secretary
3. Approval of the Meeting Minutes
The December 5, 2019 Planning Commission meeting minutes were approved as
presented.
4. Announcements
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Mr. Morey indicated that the January 9 Planning Commission meeting will be a work
session only. He would like Planning Commission members to let Ms. Brevig know if
they would be available to start the meeting at 5:00 or 5:30.
5. Augusta Dog Kennel (withdrawn per applicant)
Chair Kaluza stated that Kathryn Newman Bornhofen, the applicant for the Augusta
Dog Training and Doggy Daycare at 21460 Heywood Avenue has withdrawn her
application. Chair Kaluza asked for a motion to receive Kathryn Newman’s letter of
withdrawal.
Motion was made by Swenson, seconded by Majorowicz to receive the letter of
withdrawal from Kathryn Newman for the Augusta Dog Kennel CUP.
Ayes: Swenson, Majorowicz, Lillehei, Kaluza, Einck, Witte, Drotning
Nays: 0
6. City of Lakeville
Chair Kaluza opened the public hearing to consider amendments to the chapters of
Title 11 (Zoning) of the Lakeville City Code regarding storm shelter requirements.
Planning Director Daryl Morey presented the planning report. Mr. Morey stated that
repealing the storm shelter requirement for slab on grade residential dwellings has
been the biggest disappointment within his almost 34 years with the City. Mr. Morey
stated that since July 2000, the City has had a requirement that slab on grade
Planning Commission Meeting Minutes, December 19, 2019 Page 2
residential dwellings provide storm shelter protection for the residents of those
dwellings.
Mr. Morey stated that since the last amendment on September 16, 2019, staff has
received correspondence from the Minnesota Department of Labor and Industry (DLI)
citing Minnesota Statute 326B.121 Subd. 2(c). The Minnesota Building code does not
require storm shelters for slab on grade residential dwellings, so according to this
statute, Lakeville cannot require the storm shelters. The city Attorney concurs with
DLI’s determination.
Mr. Morey commented that at their November 25, 2019 work session, the City Council
directed staff to suspend enforcement of the storm shelter requirement and set a
public hearing to amend the Zoning Ordinance to repeal the storm shelter
requirement.
Mr. Morey hopes there will be transparency with the builders and developers and be
able to show us that they will be charging less for homes without the storm shelters
and also that they are giving storm shelters as an option in their slab on grade
dwellings.
Mr. Morey is also hoping that there will soon be a change to state statute that will
exempt storm shelters from Statute 326B for the health and safety of our residents.
Mr. Morey stated that based upon the direction received from the City Council,
because our hands are tied on this issue, City staff recommends approval of an
amendment to the Zoning Ordinance repealing the storm shelter requirement, as
presented.
Chair Kaluza opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Swenson, seconded by Lillehei to close the public hearing
at 6:07 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 stated that he agrees that he hopes the builders prove
that housing costs will go down since that is what they are pushing with this
amendment. He is trusting that the trade associations are looking out for the
residents, or he will be a lot more suspicious of them in the future.
Commissioner Witte thanked Mr. Morey for the history of this Ordinance. The
Builder’s Association is making this about the health and safety of our residents
and hopes that it is not about the money.
Planning Commission Meeting Minutes, December 19, 2019 Page 3
Commissioner Drotning indicated that we tried to protect this ordinance but the
right decision was made. The City does not have a choice. He will vote in
support of the City Council’s decision.
Chair Kaluza is disappointed with having to repeal the ordinance. He hopes
the City Council believes this should be one of the City’s legislative priorities
and looks at this in 2020.
Commissioner Swenson believes that the builders have a right to make a profit
but was not happy with how they presented their side of the argument.
Commissioner Einck agreed with the other Commissioners.
Commissioner Drotning felt there was no right or wrong on the vote tonight, but
he believes that they need to support the City Council’s decision. He indicated
that this battle needs to be fought on a different day and resolve it in a different
manner.
Motion was made by Drotning, seconded by Einck to recommend to City Council
approval of an amendment to the chapters of Title 11 (Zoning) of the Lakeville City
Code regarding storm shelter requirements, as presented.
Ayes: Majorowicz, Lillehei, Einck, Witte, Drotning, Swenson
Nays: Kaluza
There being no further business, the meeting was adjourned at 6:20 pm.
Respectfully submitted,
Penny Brevig, Recording Secretary