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HomeMy WebLinkAbout10-20-05 CITY OF LAKEVILLE Planning Commission Meeting Minutes OCTOBER 20, 2005 The October 20, 2005 Planning Commission meeting was called to order by Vice Chair Drotning in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Pattee, Stolte, Drotning, Detjen, Grenz, Blee, Ex-officio Arvidson. Absent: Swecker. Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate Planner; Leif Hanson, Zoning Enforcement/Recycling Coordinator; Jay Rubash, Assistant City Engineer; Soren Mattick, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: The October 6, 2005 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. Letters from Rob Wachholz of Tradition Development and Ron Dahlen of Country Joe, Inc. with their comments regarding the buffer yard requirements, which will be discussed at tonight's work session. ITEM 5. PAUL AND KARIN ANTON Vice Chair Drotning continued .the public hearing to consider the application of Paul and Karin Anton for a .conditional use permit amendment to allow the construction of an addition to a house with anon-conforming setback within the Shoreland Overlay District of Lake Marion, located at 19567 Jersey Avenue. Paul and Karin Anton were in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Anton stated that he agreed with everything in the planning report except that. they did.not want to remove a portion. of their existing deck as noted in the planning report. He indicated that the deck is older than the original conditional use permit for this property. He also indicated that his neighbor would be willing to write a letter • stating that he does not oppose the deck staying in it's current location. Planning Commission Meeting October 20, 2005 Page 2 • Associate Planner Frank Dempsey stated that the Antori s requested the. continuation of their conditional use permit request to allow them to revise their site and architectural plans to take advantage of a .provision in the Shoreland Overlay District section of the Zoning Ordinance that .allows .them to average the building setbacks of the single family homes on .the adjacent properties. He indicated that the DNR has expressed no opposition to the revised site plan. Mr. Dempsey reviewed the revised plans, including. constructing the second floor addition closer to the rear (lake side) of the house and impervious ..surface area calculations. Mr. Dempsey indicated: that there are four existing non-conformities that will be reduced or brought into compliance with the Zoning Ordinance as a result of this conditional use permit amendment. Mr. Dempsey stated that the existing non-conforming deck needs to be modified by removing eight feet from the southwest corner to bring the deck into compliance with the required 10 foot side yard setback. He indicated that the deck stairway on the west side of the deck must also be removed because of its non-conforming . setback to Lake Marion. In addition, the existing concrete patio and concrete pavers on the west side of the house must be removed and replaced with deck boards. Modification of the. concrete patio and concrete pavers will `bring the overall impervious surface area of the lots to 25%, which will comply with Shoreland Overlay District requirements. Mr. Dempsey stated that should the Planning Commission recommend to the City Council approval of the Anton conditional use. permit amendment, Planning Department staff recommends approval subject to the 7 stipulations listed in the :October 14, 2005 planning report, and approval of the Findings of Fact dated October 20, 2005 Vice Chair Drotning continued the hearing for any public comments. There were no comments from. the audience. 05.113 Motion by Pattee, Second by Blee to close the public hearing at 6:10 p.m. Ayes: Pattee, Stolte, Drotning, Detjen, Grenz, Blee. Nays: 0 Vice Chair Drotnng confirmed that the proposed addition meets all setback • requirements. Planning Commission Meeting October 20, 2005 Page 3 • The Planning Commission concurred that the non-conforming deck needs to be modified by removing eight feet from the southwest corner to bring it into compliance with setback .requirements. They agreed that this is consistent with previous recommendations by the Planning Commission for eliminating non- conformities in conjunction with conditional use permit requests. 05.114 Motion by Detjen, Second by Pattee to recommend to City Council approval of the Anton Conditional Use Permit amendment to allow the construction of an addition to a house with anon-conforming setback within the Shoreland Overlay District of Lake Marion, located at 19567 Jersey Avenue, subject to the 7 stipulations listed in the October 14, 2005 planning report, and approval of the Findings of Fact dated October 20, 2005. Ayes: Stolte, Drotning, Detjen, Grenz, Blee, Pattee. Nays: 0 Item 6. Eric Cram Vice Chair Drotning opened the public hearing to consider the application of Eric • Cram for a Special Home Occupation Permit to allow the operation of a chiropractic office in a single family- residence, located at 8871 - 163rd Street. Assistant City Attorney Mattick attested that the legal notice had been duly published in accordance with State Statutes and City Code. Eric Cram was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. Cram presented an overview of his proposed home occupation. Leif Hanson, Zoning Enforcement/Recycling Coordinator presented the planning report. Mr. Hanson stated that Eric Cram has submitted a special home occupation permit application for the purpose of performing chiropractic services in his single- family home located at 8871 -163rd Street West, which is zoned RS-3, Single Family Residential District. Mr. Hanson indicated that Mr. Cram currently has a chiropractic office .located in Northfield and is proposing to treat some of his existing clients at his home. He stated that Mr. Crams Northfield office will continue to be his primary place of business. Mr. Hanson reviewed Mr. Cram s special home occupation permit application and • the home occupation permit requirements of the Zoning Ordinance. Planning Commission Meeting October 20, 2005 Page 4 Mr. Hanson stated that should the Planning Commission recommend to the City Council approval of the Eric Cram Special Home Occupation Permit, Planning Department staff recommends approval subject to the 8 stipulations listed in the October 13, 2005 planning report, and approval of the Findings of Fact dated October 20, 2005. Vice.Chair Drotning opened the hearing to the public for comment. There were no comments from the audience. 05.115 Motion by Blee, Second by Stolte to close the public hearing at 6:32 p.m. Ayes: Drotning, Detjen, Grenz, Blee, Pattee, Stolte. Nays: 0 Commissioner Stolte addressed the concerns raised by a neighbor in the e-mail included in the packet materials and indicated that the City has never received any complaints from neighbors of other special home occupations after the use began operating. Commissioner Pattee also addressed the e-mail and stated that the Planning Commission does not enforce neighborhood covenants. 05.116 Motion by Stolte, Second by Pattee to recommend to City Council approval of the Eric Cram Special Home Occupation Permit to allow the operation of a chiropractic office in a single family resident, located at 8871 - 163rd Street, subject to the 8 stipulations listed in the October 13, 2005 planning report, and approval of the Findings of Fact dated October 20, 2005. Ayes: Detjen, Grenz, Blee, Pattee, Stolte, Drotning. Nays: 0 There being no further business, the meeting was adjourned at 6:40 p.m. Respectfully submitted, ATTEST: Penny B , Recordin ~ retary Karl Drotning, Vice-Chaff Meeting Notes Planning Commission Work Session Thursday, October 20, 2005 City Hall Council Chambers The Planning Commission work session commenced at 6:53 in the City Hall Council Chambers.. Commissioners Present: Kaxl Drotning, Joe Blee, Steve Pattee, Lowell Stolte, Dale Detjen, Gerald Grenz, and ex-officio John Arvidson. Staff Present: Planning Director Daryl Morey, Assistant City Engineer Jay Rubash, Daniel Licht of Northwest Associated Consultants, and Recording Secretary Penny Brevig. Vice .Chair Drotning introduced Daniel Licht of Northwest Associated Consultants. Mr. Licht presented the staff analysis of the current buffer yard requirements and identified suggested modifications, which are listed in his September 16, 2005 memo, Mr. Morey stated that the Planning Department is proposing a review and possible • enhancement of the current buffer yard standards as a way to reduce residential neighborhood noise impacts adjacent to major collector and arterial streets. A work session was recommended by the Planning Commission to obtain feedback from residential. developers regarding the proposed changes to the buffer yard requirements. Vice Chair Drotning opened the floor to the developers for their comments. Robert Erickson, Vice President -Land, D.R. Horton was in attendance at tonight's meeting speaking for D.R. Horton and 14 other developers. Mr. Erickson thanked the Planning Commission and staff for encouraging developer comments and he indicated that staff should be receiving a few more written comments shortly. Mr. Erickson distributed an outline to the Planning Commission and staff which included a historical overview, lot analysis, policy implications, design flexibility, economic impact and land use implications of the buffer yard requirements. Mr. Erickson displayed pictures of current berms in various developments around the City of Lakeville. He felt the existing buffer -yard requirements .are working well and that the recommended increase in lot size and .building setback is excessive. He stated that most of D.R. Norton's house pads are 53 feet deep, or less, which is much less than the • 70 foot deep house pads shown on the exhibits included in the September 16, 2005 NAC memo. _1_ • Mr. Erickson mentioned that living walls of conifer and deciduous trees, along with fencing might warrant some consideration and be more effective than larger berms. He indicated that there has been a study done by the University of Nebraska on living walls and noise impacts on residential neighborhoods, which he felt the City should review before any final decisions are made. Mr. Erickson stated that berm maintenance is a challenge for homeowners and that some homeowners modify the berm by replacing the sod with landscape mulch or rock so they don't have to mow it. He felt that churches and schools should be required to meet the same buffer yard berming and landscaping requirements as residential. Ralph Murphy from Insignia Development was in attendance at tonight's work session. Mr. Murphy stated he also felt that the proposed buffer yard modifications would be excessive. He agreed with Mr. Erickson's comments. Shawn Siders from Town & Country Homes was in attendance at tonight's meeting and stated that he agreed with Mr. Murphy's and Mr. Erickson's comments. Mr. Morey expressed his appreciation to the developers for their input. He indicated that their comments will help the Planning. Commission and staff better analyze this issue. Mr. Morey stated that the Planning Commission and staff will accept additional written • comments after this work session and prior to the next work. session on November 3, 2005. Vice Chair Drotning stated that the City is trying to review the buffer yard requirements in a very timely manner. He commented to the developers that their input is important for the Planning Commission to adequately analyze the buffer yard standards. Mr. Drotning stated that in order to maintain a useable backyard, perhaps house pad restrictions may be appropriate. He stated that there needs to be a standard .for useable rear and side yard area while accommodating sufficient. buffer yard screening. Commissioner Blee commented that the pictures Mr. Erickson presented were very helpful in seeing where the berming works and does not work. He wanted to keep in mind that we can't assume every house is parallel to the berm. Commissioner Grenz asked if there has ever been any noise studies done on the varying heights of berms with and without trees and is this reflected in the existing buffer yard requirements. Mr. Morey stated that the different berm and overall screening heights are based on the hierarchy of the road as identified by the Transportation Plan. He indicated that staff will review the University of Nebraska research mentioned by Mr. Erickson. 2 Vice Chair Drotning stated that developers will be notified of any public hearing for a buffer yard requirement Zoning Ordinance amendment. He thanked the developers for attending tonight's work session. There being no further business, the work session was adjourned at 7:39 p.m. Penny re g, Recording Sec tary -3-