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Home My WebLink About12-07-06 CITY OF LAKEVILLE Planning Commission Meeting Minutes DECEMBER 7, 2006 The November 7, 2006 Planning Commission meeting was called to order by Chair Swecker in the City Hall Council Chambers at 6:00 p.m. Flag Pledge. Present: Pattee, Manikowski, Swecker, Detjen, Grenz, Drotning, Ex-officio Gerl. Absent: Stolte. Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Jay Rubash, Assistant .City .Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The November 2, 2006 Planning Commission meeting minutes were approved as presented. ITEM 4. ANNOUNCEMENTS: Mr. Morey indicated the following items were distributed to the Planning .Commission members and staff before tonight's meeting. 1. The December 6, 2006 Parks, Recreation and Natural Resources Committee meeting motions regarding the Double E Crossings 2nd Addition final plat. Mr. Morey indicated that City staff is requesting Item 7 on tonight's agenda regarding the Sign Ordinance amendment be continued. Chair Swecker was interested in the Parks, Recreation and Natural Resources Committee motion regarding smoke free parks and requested further information. ITEM 5. CONSENT AGENDA 06.136 Motion was made and seconded to recommend to City Council approval of the December 7,.2006 Planning Commission Consent Agenda as follows: Approve the application of Bremer Bank for the final plat of one commercial lot to be known as Double E Crossings 2nd Addition. Ayes: Pattee, Manikowski, Swecker, Detjen, Grenz, Drotning. Nays:O Planning Commission Meeting December 7, 2006 Page 2 • ITEM 6. WAYNE HULS Chair Swecker opened the public hearing to consider the application of Wayne Huls for a Conditional Use Permit to allow the .construction of an addition to a house with anon-conforming setback within the Shoreland Overlay District of Lake Marion, located. at 10046 - 199+ Street. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Wayne Huls presented an overview of his request. Chair Swecker asked Mr. Huls if he agrees with the 7 stipulations listed in the December 1, 2006 planning report.: Mr. Huls indicated that he agrees with all the stipulations. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Mr. Huls is requesting a conditional use permit. to allow a second story addition above the exiting single level house and to construct a covered. front porch on the north side of the house. The subject property is zoned RS-3, Single Family . Residential District. Mr. Dempsey indicated that the entire addition will meet all setback requirements. Mr. Dempsey listed the 13 existing non-conforming conditions on the subject property. He stated that Mr. Huls is proposing to make site improvements to reduce or eliminate non-conformities on the property. Mr. Dempsey indicated that the height of the house will not exceed the maximum allowed 35 feet and the detached garage will. be sided and the roof replaced to match the house. Mr. Dempsey explained the DNR's position regarding the use of pervious pavers with respect to the 25% impervious surface area requirement in the Shoreland Overlay District. Mr. Dempsey stated that the DNR is recommending the removal of the deck that is attached to the boathouse. Mr. Huls has agreed to remove this deck. Mr. Dempsey pointed out an error in Stipulation 3 in the December 1, 2006 planning report. The last sentence should read in part: "...to guarantee removal of the boat house deck." Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the conditional use permit, Planning Department staff recommends approval subject to the 7 stipulations listed in the December 1, 2006 Planning Commission Meeting December 7, 2006 Page 3 planning report, as amended, and approval of the Findings of Fact dated December 7, 2006. Chair Swecker. opened the hearing to the public for comment. There were no comments from the audience. 06.137 Motion was made and seconded to close the public hearing at 6:10 p.m. Ayes: 6 Nays:0 ..Chair Swecker and the Planning Commission complimented Mr. Huls on his plans for his house addition and site improvements. 06.138 Motion was made and seconded to recommend to City Council approval of the Wayne Huls Conditional Use Permit to allow the construction of an addition to a house with anon-conforming setback within the Shoreland Overlay District of Lake Marion, located at 10046199 Street, subject to the 7 stipulations listed in the December 1, 2006 planning report, as amended, .and approval of the Findings of Fact dated December 7, 2006. • Ayes: Manikowski, Swecker, Detjen, Grenz, Drotning, Pattee. Nays: 0 ITEM 7. SIGN ORDINANCE Chair Swecker opened the public hearing to consider an ordinance amending Title 9 (the Sign Ordinance) and Title 11 (the Zoning Ordinance) of the Lakeville City Code concerning signs. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Mr. Morey stated that staff is proposing to revise the Sign Ordinance such that the language is content neutral at the recommendation of the City Attorney due to .recent Court cases regarding sign ordinances that were not content neutral. He stated that the ordinance amendment also proposes changes that could affect signs currently utilized by some businesses. Mr. Morey indicated that staff would like to prepare notification to the community, especially the business community, above. and beyond the required legal {public hearing) notice. He indicated that staff has several ideas to better notify the community at large and should be ready to reconvene the public hearing in . January. Planning Commission Meeting December 7, 2006 Page 4 Chair Swecker commended staff's efforts to notify the community on proposed ordinance changes. 06.139 Motion was made and seconded to continue the Sign and Zoning Ordinance public hearing. Ayes: Swecker, Detjen, Grenz, Drotning, Pattee, Manikowski. Nays: 0 ITEMS. ZONING ORDINANCE AMENDMENT Chair Swecker opened the public hearing to consider an ordinance amending Title 11 of the Lakeville City Code (the Zoning Ordinance) concerning non-conformities. Assistant City .Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Mr. Morey presented the planning report. He stated that legislation was passed in the 2004 legislative session amending State Statutes pertaining to non-conformities. He indicated that the City Attorney's office prepared a draft amendment to Chapter 15 of the City's Zoning Ordinance to bring the Zoning Ordinance requirements pertaining to non-conformities into compliance with State Statutes. Mr. Morey explained the major. change proposed to the Zoning Ordinance regarding non-conformities. Mr. Morey stated that Planning Department staff recommends approval of the Zoning Ordinance amendment as presented. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 06.140 Motion was made and seconded to close the public hearing at 6:20 p.m. Ayes: 6 Nays: 0 Commissioner Grenz asked if an addition was constructed without a permit would it be considered a legal non-conformity with this amendment. Mr. Morey indicated that if someone installed an addition without a permit, this would be considered an illegal non-conformity. • Planning Commission Meeting December 7, 2006 Page 5 Chair Swecker clarified that repairs to anon-conforming structure could be made as long as there is no expansion of the structure. She also asked for clarification on Paragraph D (1). Mr. Morey responded. 06.141 Motion was made and seconded to recommend to City. Council approval of an ordinance amending Title 11 of the Lakeville City. Code (the Zoning Ordinance) concerning non-conformities, as presented. Ayes: Detjen, Grenz, Drotning, Pattee, Manikowski, Swecker. Nays: 0 ITEM 9. KING CREEK GREENWAY ADDITION Chair Swecker opened the public hearing to consider the application of the City of Lakeville for the vacation of a portion of a public drainage and utility easement located on Lot 3, Block 1, King Creek Greenway Addition. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with State Statutes and City Code. Planning Director Daryl Morey presented the planning report. Mr. Morey stated that the watermain installed in conjunction with the .development of Life Time Fitness is located outside the drainage and utility. easement platted over Lot 3 in the area of the 185 Street/Dodd Boulevard intersection. He indicated that a portion of the existing drainage and utility easement over Lot 3 needs to be vacated and re- located slightly to the west due to existing field conditions which required the watermain be re-routed and installed west of the existing established easement. Mr. Morey stated that realigning the easement and vacating the unoccupied portion of the existing easement will provide the City access to the public watermain. Mr. Morey stated that Planning Department staff recommends approval of the easement vacation, as presented. Chair Swecker opened the hearing to the public for comment. There were no comments from the audience. 06.142 Motion was made and seconded to close the public hearing at 6:33 p.m. Ayes: 6 Nays:O 06.143 Motion was made and seconded to recommend to City Council approval of the vacation of a public drainage and utility easement located on Lot 3, Block 1, King Creek Greenway Addition, as presented. Planning Commission Meeting December 7, 2006 Page 6 Ayes: Grenz, Drotning, Pattee, Manikowski, Swecker, Detjen. Nays: 0 There being no further business, the meeting was adjourned at 6:35 p.rn. Respectfully submitted, 1 Penny ev' ,Recording e etary ATTEST: Kerrin Swecker, Chair