HomeMy WebLinkAboutItem 03 08-19 draft PC minutes
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
August 19, 2021
Chair Witte 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 Jeff Witte, Vice Chair Jenna Majorowicz, Karl Drotning, Brooks Lillehei,
Christine Zimmer, Jason Swenson, Pat Kaluza, Ex-Officio Melissa Field
Members Absent: None
Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Daniel Licht,
The Planning Company; Penny Brevig , Recording Secretary
3. Approval of the Meeting Minutes
The August 5, 2021 Planning Commission meeting minutes were approved as presented.
4. Announcements
None
5. Cindi and Peter Thelen
Chair Witte opened the public hearing to consider the application of Cindi and Peter Thelen
for a variance to allow a subdivision of property resulting in a land area of less than 10 acres in
the RA, Rural/Agricultural District, located at 12030 – 205th Street.
Peter Thelen presented a brief overview of their project. Mr. Thelen is proposing to subdivide
the west portion of his property at 12030 – 205th Street and combine it with the property at
12119 Lucerne Trail. He indicated that the variance is only because this leaves a lot size of less
than the minimum requirement of 10 acres.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that the
applicant is requesting a variance because the Zoning Ordinance requires a 10-acre minimum
lot size for property without city sewer. The administrative subdivision and combination will
result in one lot, the lot east of Lucerne Trail, being less than 10 acres in area. Mr. Dempsey
pointed out that the parent parcel, while one PID, is in effect two lots because it is bisected by
Lucerne Trail.
Planning Commission Meeting Minutes, August 19, 2021 Page 2
Mr. Dempsey outlined the non-conforming zoning conditions currently on the portion of the
property with the 3-unit building, which are addressed in the stipulations recommended in the
planning report, including combining the properties, removing the driveway from 205th Street
and paving the new driveway off of Lucerne Trail, and the dedication of a public roadway,
drainage and utility easement.
Planning Department staff recommends approval of the Thelen variance, subject to the four
stipulations listed in the August 12, 2021 planning report, and approval of the Findings of Fact
dated August 19, 2021.
Chair Witte opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Lillehei, seconded by Zimmer to close the public hearing at 6:09 p.m.
Voice vote was taken on the motion. Ayes - unanimous
Chair Witte asked for comments from the Planning Commission. Discussion points included:
• The trash dumpster that was shown in the picture of the Thelen’s property as Exhibit
D of the planning report would also be non-conforming. Mr. Thelen indicated that the
dumpster is placed in that location so that it is easily accessible by the garbage trucks.
Mr. Dempsey stated that the trash container must meet Zoning Ordinance
requirements. Mr. Thelen agreed to work with City staff to come into compliance.
Planning Director Daryl Morey recommended an additional stipulation stating:
5. Storage of waste containers on-site shall comply with Section 11-18-11 of
the Zoning Ordinance.
• Confirmed that the variance request is only for the lot size of 12030 – 205th Street.
Motion was made by Lillehei, seconded by Majorowicz to recommend to City Council
approval of the Thelen variance to allow a subdivision of property resulting in a land area of
less than 10 acres in the RA, Rural/Agricultural District, located at 12030 – 205th Street, subject
to the following stipulations, as amended, and approval of the Findings of Fact dated August
19, 2021.
1. The portion of property west of Lucerne Trail shall be combined with PID No. 22-84200-
03-010.
2. The driveway at 12030 – 205th Street shall be removed from 205th Street. The driveway and
previous parking area shall be landscaped with sod, seed, or other similar landscaping no
later than November 30, 2021.
Planning Commission Meeting Minutes, August 19, 2021 Page 3
3. The driveway and parking area off of Lucerne Trail shall be paved with bituminous or
concrete no later than May 30, 2022.
4. A 60-foot wide roadway, drainage and utility easement shall be dedicated in favor of the
City of Lakeville on parcel 22-02600-05-001 centered on Lucerne Trail between the south
property line and the roadway pavement at 205th Street. A $5,000 escrow shall be submitted
to guarantee completion of the driveway and parking area paving.
5. Storage of waste containers on-site shall comply with Section 11-18-11 of the Zoning
Ordinance.
Ayes: Swenson, Kaluza, Lillehei, Witte, Majorowicz, Zimmer, Drotning
Nays: 0
6. The Moments of Lakeville
Commissioners Lillehei and Swenson recused themselves from this agenda item due to a
conflict of interest.
Chair Witte opened the public hearing to consider the application of Jeff Schuler on behalf of
TMSC of Lakeville, LLC for an amendment to Conditional Use Permit #15-18 to allow an
addition to the principal building, located at 16258 Kenyon Avenue.
Owner of The Moments of Lakeville Elizabeth Wright presented a brief overview of their
request. Jeff Schuler, the architect for the project was in attendance and available to answer
any questions. Ms. Wright indicated that this addition would add two additional public
bathrooms and an all-purpose room for religious services, movies, etc.
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that
The Moments of Lakeville has applied for an amendment to CUP #15-18 to allow a 1,335
square foot expansion to the east side of The Moments of Lakeville building, which will be used
for a multi-purpose room, restrooms, and hallway with access to the east patio terrace. The
addition will be located between the existing east wall of the east building and the proposed
accessory building on the proposed terrace area.
Planning Department staff recommends approval of The Moments of Lakeville conditional use
permit amendment subject to the four stipulations listed in the August 12, 2021 planning
report, and approval of the Findings of Fact dated August 19, 2021.
Chair Witte opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Zimmer, seconded by Drotning to close the public hearing at 6:26 p.m.
Planning Commission Meeting Minutes, August 19, 2021 Page 4
Voice vote was taken on the motion. Ayes - unanimous
Chair Witte asked for comments from the Planning Commission. Discussion points included:
• Green space, landscaping and impervious surface area on the subject property.
• Commissioner Kaluza appreciates businesses that are expanding in Lakeville.
• Ms. Wright appreciated the patience of the Planning Commission, City Council and
City staff as they work through all the ideas she has for this building and site.
Motion was made by Kaluza, seconded by Drotning to recommend to City Council approval
of The Moments of Lakeville amendment to Conditional Use Permit #15-18 to allow an
addition to the principal building, located at 16258 Kenyon Avenue, subject to the following
stipulations, and approval of the Findings of Fact dated August 19, 2021:
1. The building expansion shall be completed in accordance with the plans submitted by the
applicant and approved by the City Council.
2. Any new site or building lighting shall be downcast and not glare onto public right-of-way.
3. Total impervious surface area shall not exceed 70%.
4. All stipulations of Conditional Use Permit #15-18-, #19-11 and #20-01 shall remain in full
force and effect.
Ayes: Kaluza, Witte, Majorowicz, Zimmer, Drotning
Nays: 0
Recused: Swenson, Lillehei
7. City of Lakeville
Chair Witte opened the public hearing to consider an amendment to Title 11 (the Zoning
Ordinance) of the Lakeville City Code.
Planning Consultant Daniel Licht presented the planning report. Mr. Licht reviewed the
proposed Zoning Ordinance amendment which includes definitions, residential shelters,
swimming pools, motor fuel signs, development density, RST-2 single family lots, twinhome
lot area, detached townhouse HOAs, garage area, affordable housing, RM-3 District exterior
materials, M-1 District townhouses, temporary outdoor sales, and O-P District off-street
parking.
Mr. Licht stated that under Section 3 of the draft ordinance, it should have read:
Section 3. Section 11-17-13 of the Zoning Ordinance (Minimum Floor Area Per Dwelling
Unit) is hereby amended to add the following provision:
Planning Commission Meeting Minutes, August 19, 2021 Page 5
E. Detached townhouse, two-family, townhouse, and multiple family dwellings qualified
for meeting the city's allocation of regional affordable housing as defined by the
comprehensive plan may be exempted from the minimum floor area requirement of
this section by approval of an administrative a conditional use permit, provided
guarantees satisfactory to the city are in place to ensure that "for sale" housing will meet
the requirement for initial sales and "for rent" housing will meet the requirement for
the initial ten (10) year rental period.
Planning Department staff recommends approval of the ordinance amending Title 11 of the
City Code (the Zoning Ordinance), as amended.
Chair Witte opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Majorowicz, seconded by Zimmer to close the public hearing at 6:43
p.m.
Voice vote was taken on the motion. Ayes - unanimous
Chair Witte asked for comments from the Planning Commission. The Planning Commission
agreed that the Zoning Ordinance is a living, breathing document that is constantly changing.
The Planning Commission was appreciative of City Council and citizen feedback and
comments when Zoning Ordinance amendments are proposed.
Motion was made by Drotning, seconded by Swenson to recommend to City Council
approval of an amendment to Title 11 of the City Code (the Zoning Ordinance), as amended
Ayes: Lillehei, Witte, Majorowicz, Zimmer, Drotning, Swenson, Lillehei
Nays: 0
There being no further business, the meeting was adjourned at 6:47 p.m.
Respectfully submitted,
Penny Brevig, Recording Secretary