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Home My WebLink About10-16-08 CITY OF LAKEVILLE Planning Commission Meeting Minutes OCTOBER 16, 2008 T'he October 16, 2008 Planning Commission meeting was. called to order by Chair Drotning in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Chair Drotning Commissioner Grenz Commissioner Lillehei Commissioner Glad Alternate Joe Blee Ex-officio Bussler Absent: Vice Chair Davis Secretary Pattee Staff Present: Daryl Morey, Planning Director Frank Dempsey; Associate Planner Kris Jenson, Associate Planner Zach Johnson, Assistant City Engineer Penny Brevig, Recording Secretary .ITEM 3. APPROVAL OF MEETING MINUTES: Commissioner Glad stated that he would like his reason for voting nay to Agenda -Item 7 of the September 18, 2008 Planning Commission meeting to be amended as follows: Commissioner Glad was not convinced that the .applicant satisfactorily. proved why they could not locate the antenna on an existing structure. The September 18, 2008 Planning Commission meeting minutes were approved as amended. ITEM 4. ANNOUNCEMENTS: There were no handouts for tonight's meeting. Mr. Morey stated that there is a work session in the Marion Conference Room immediately following tonight's Planning Commission meeting. Planning Commission Meeting, October 16, 2008 Page 2 ITEM 5. CONSENT AGENDA 08.92 Motion was made and seconded to recommend to City Council approval of the October 16, 2008 Planning Commission Consent Agenda as follows: A. Approve the request of Joan Kline for athree-year extension of a special home occupation permit to allow a hair salon in her single family home,. located at 18024 Jay Court. Ayes: Glad, Lillehei, Drotning, Grenz, Blee. Nays: 0 ITEM 6. JEFF AND CHRISTY GOSS Chair .Drotning opened the public hearing to consider the application of Jeff and Christy. Goss for a conditional use permit to allow the construction of a second detached accessory building with a height greater than 20 feet in the RA, Rural Agricultural District, located at 12114197 Street. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code, Tim Kowalski introduced himself as the contractor for Mr. Goss and that he would be available to answer any questions on the proposed structure. Mr. Goss presented an overview of his request. Associate Planner Kris Jenson presented the October 9, 2008 planning report. Ms. Jenson stated that staff recommends approval of the conditional use permit, based upon the Findings of Fact dated October 16, 2008 and subject to the 8 stipulations listed in the October 9, 2008 planning report. Chair Drotning opened the hearing to the public for comment. There were no comments from the audience. 08.93 Motion was made and seconded to close the public hearing at 6:10 p.m. Ayes: 5 Nays: 0 Chair Drotrung asked for comments from the Planning Commission. • The height and pitch of the proposed accessory building roof and how it will match the design of the house was discussed. Given the rural location of the applicant's residence and that the difference in the ,height of the. roof between an 8/ 12 pitch and a 6/ 12 pitch would only be 32 inches, the .Planning Coxrunission Meeting October 16, 2008 Page 3 Planning Commission determined the accessory building height as requested was reasonable. • The Planning Commission appreciated staff listing the previously approved CUP's for accessory buildings in the October 9, 2008. planning memo. .08.94 Motion was made and seconded to recommend to City Council approval of the Goss conditional use permit to allow the construction of a second detached accessory building with a height greater than 20 feet in the RA, Rural Agricultural District, located at 12114 197 Street, based upon the Findings of Fact dated October 16, 200$ and subject to the following stipulations; 1. The proposed detached accessory building shall be constructed in the location identified on the proposed house plan dated 25 August 2008 by .Jacobson Engineers and Surveyors and in the. size and height shown on the approved building plans. 2. The detached accessory building shall be constructed with vinyl siding and asphalt shingles as identified on the plans submitted with the Conditional Use Permit application. The detached accessory building shall. be kept, used and maintained in a manner that does not present a hazard to .the public health, safety and general welfare. 3. The detached accessory building shall meet all applicable building code requirements. 4. Electric service to the detached accessory building shall be placed underground. 5. No home occupation shall occur within the detached accessory building. The accessory building shall not be used for the operation of any commercial business or storage of commercial equipment. 6. The existing shipping container on site must be removed within 60 days of the certificate of occupancy being issued for the new home and second accessory building. A $250 security must be submitted prior to issuance of the building permit to ensure compliance with this stipulation. 7. The building permit for the accessory building must be included with the building permit for the new home. 8. The private easement providing access from 197 Street to the subject parcel must be recorded with Dakota County prior to issuance of a building permit. Ayes: Lillehei, Drotning, Grenz, Blee, Glad. Nays: 0 Planning Commission Meeting October 16, 2008 Page 4 ITEM 7. DARKEN KERMES Chair Drotning opened the public hearing to consider the application of Darren. Kermes for a conditional use permit to allow the construction of an addition to a house with non-conforming setbacks in the Shoreland Overlay District of Lake Marion, located at 19139 Orchard .Trail. The Recording Secretary attested that the legal notice had been duly published in accordance with State Statutes and City Code. Mr. Kermes presented an overview of his request. Associate Planner Frank Dempsey presented the October 10, 2008 planning report. Mr. Dempsey stated that staff recommends approval of the conditional use permit, based upon the Findings of Fact dated October 16, 2008 and subject to the 3 stipulations listed in the October 10, 2008 planning report. Chair Drotning opened the hearing to the public for comment. There were no comments from the audience. 08.95 Motion was made and seconded to close the public hearing at .6:25 p.m. Ayes: 5 Nays: 0 Chair Drotning asked for comments from the Planning Commission. • Commissioner Grenz was glad to see a reduction of some of the existing pavement to help meet the overall impervious surface area. 08.96 Motion was made and seconded to recommend to City Council approval of the Kermes conditional use permit to allow the construction of an addition to a house with non-conforming setbacks in the Shoreland Overlay District of Lake Marion, located at 19139 Orchard Trail, based upon the Findings of Fact dated October 16, 2008 and subject to the following stipulations: 1. The addition shall be constructed as shown on the Certificate of Survey prepared by James R. Hill, Inc., revised September 26, 2008. 2. Impervious surface area shall not exceed 25%. The existing driveway shall be removed as shown on the Certificate of Survey prepared by James R. Hill, Inc., revised September 26, 2008. A $1;000.00 cash escrow shall be submitted prior to the issuance of a building permit to guarantee the removal of the portion of the existing driveway and restoration of the removed driveway area. Planning Commission Meeting October 16, 2008 Page 5 3. The addition shall be constructed with siding and roofing materials to match the existing house. Ayes:" Drotning, Grenz, Blee, Glad, Lillehei. Nays: 0 There being no further business, the meeting was adjourned at 6:26 p.m. The Planning Commission proceeded directly into a work session. Respectfully submitted, ~4 Penny Brevi ecording Secre~a 11/06/08 ATTEST: Karl Drotning, Chair 11 / 0 / 08