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HomeMy WebLinkAbout05-01-03 CITY OF LAKEVILLE Planning Commission Meeting Minutes MAY 1, 2003 The May 1, 2003 Planning Commission meeting was called to order by Chair Stolte in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call. of members: Present: Pattee, Swecker, Stolte, Detjen, Grenz, Drotning, ex-officio Puncochar. Absent: Reuvers. Staff Present: Daryl Morey, Planning Director; Ron Mullenbach, Associate Planner; Leif Hanson, Zoning Enforcement Coordinator; Jay Rubash, Assistant City Engineer; Roger Knutson,. City Attorney; Dan Licht, NAC; and Penny Brevig, Recording Secretary. ITEM 3: APPROVAL OF MEETING MINUTES: The April 16, 2003. Planning Commission Work Session Notes were approved as presented. The April 17, 2003 Planning Commission meeting minutes were approved as presented. ITEM 4: ANNOUNCEMENTS: New Planning Commission member Steven Pattee was introduced and sworn in. Chair Stolte welcomed Mr. Pattee. Planning Director Daryl Morey welcomed Mr. Pattee and stated that the following items were distributed to the Planning Commission members and staff before tonight's meeting. 1. Revised survey of Shirley Hagen's property showing the correct size of the proposed addition. 2. Letter from Joel Booth, 175th/C. R. 50 SuperAmerica, with a list of questions and comments regarding the draft performance standards for outdoor sales and display at motor fuel facilities. ITEM 5. SHIRLEY HAGEN Chair Stolte opened the .public hearing to consider the application of Shirley Hagen for a Conditional Use Permit Amendment. to allow the expansion of an existing non- conforming single-family dwelling located in the Shoreland Overlay Districfi for Orchard Lake, at 17401 Kodiak Avenue. City Attorney Knutson attested .that the legal • notice had been duly published in accordance with state statutes and City Code. Planning Commission Meeting May 1, 2003 Page 2 • Shirley Hagen was in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Ms. Hagen presented an overview of her request. Ms. Hagen indicated that she was also planning to construct a deck addition at the rear of the house in the near future. Zoning Enforcement Coordinator Leif Hanson presented the planning .report. He stated that Ms. Hagen has submitted an application for an amendment to Conditional Use Permit No. 99-09 to allow the construction of an addition to her non-conforming single family home located in the RS-1, Single .Family Residential District and the Shoreland Overlay District for Orchard Lake located at 17401 Kodiak Avenue. Mr. Hanson stated that Conditional Use Permit No. 99-09 was approved by the City Council on June 21, 1999 to -allow the construction of an addition to Ms. Hagen's non- conforming home. The lot was platted in 1963 and the Certificate of Survey submitted with the initial building permit application showed the house being .located 10 feet from the side property line, however, the house was actually built only 9.48 feet from the side property line. Mr. Hanson indicated that as part of Conditional Use Permit No. 99-09, Ms. Hagen was required to .remove several non-conformities on her property, whichare described in the April 23, 2003 planning report. He stated that the only non-conformity remaining on the property is the side yard setback of the house. • Mr. Hanson stated that Ms. Hagen. is proposing to construct a 16 foot x 13 foot addition. on the rear of the house that is level with .the main floor. The addition will contain a dining room area. He indicated that a section of the existing deck located on the rear of the house would be removed to accommodate the addition. The proposed addition will be located. well within the required minimum setbacks and the height of the proposed addition will match the existing height of the house. Mr. Hanson stated that should the Planning Commission recommend to the City Council approval of Shirley Hagen's request for an amendment to Conditional Use Permit No. 99-09 to allow the expansion of her single family home located in the Shoreland Overlay District, Planning Department staff recommends approval subject to the 5 stipulations listed in the April 23, 2003 planning report, and approval of the Findings of Fact dated May 1, 2003. Chair Stolte opened the hearing to the public for comment. There were no comments from the audience. 03.49 Motion by 1Drotning, Second by Swecker to close the public hearing at 6:10 p.m: Ayes: Swecker, Stolte, Detjen, Grenz, Drotning, Pattee. • Nays:0 Commissioner Drotning thanked Ms. Hagen for her compliance with the Zoning Ordinance requirements in 1999 with her original house addition. Planning Commission Meeting May 1, 2003 Page 3 Mr. Morey discussed the future deck addition, which Ms. Hagen mentioned earlier in the meeting. He indicated that she would have to come back to the Planning Commission again with a CUP amendment application unless she included the deck addition with her current Conditional Use Permit amendment. Ms. Hagen indicated to the Planning Commission where the deck addition would be on her site survey. Mr. Hanson indicated that the .proposed deck addition would comply with setback and impervious surface requirements. The Planning Commission agreed to add the following stipulation to Ms. Hagen's CUP amendment: Stipulation 6. The future deck addition location shall be identified on the site survey prior to City Council consideration of the CUP amendment. 03.50 Motion by Swecker, Second by Drotning to recommend to City Council approval of an amendment to the Shirley Hagen Conditional Use Permit No. 99-09 to allow the expansion of an existing. non-conforming single family dwelling located in the Shoreland Overlay District for Orchard Lake, at 17401 Kodiak Avenue,.subject to the 5 stipulations listed in the April 23, 2003 planning report, as amended, and approval of . the Findings of Fact dated May 1, 2003. Ayes: Stolte, Detjen, Grenz, Drotning, Pattee, Swecker. Nays: 0 ITEM 6. I7NFINISHED BUSINESS Mr. Morey stated that at their Apri121, 2003 meeting, the City Council tabled approval of the Zoning,. Subdivision and Sign ordinance amendment summary for publication and referred Section 10 of the Zoning Ordinance amendment .back to the Planning Commission for. consideration of broader .grandfather language to .eliminate the potential hardship for the construction of decks in subdivisions approved prior to City Council approval of the Zoning Ordinance revisions. Mr. Morey indicated that an issue has arisen with the application of the new Zoning Ordinance setback requirement for decks. Owners of existing homes or existing lots. of record could have difficulty constructing. a deck under the new setback requirements. In addition, their neighbors may have already built their decks under the existing requirements. This would create a situation where two different deck. setback requirements apply in the same neighborhood. Mr. Morey indicated that the revised Zoning Ordinance language proposed by .staff • would allow the existing deck setbacks for single family lots approved prior to March 17, 2003. He stated that similar wording was adopted by the Planning Commission and City Council .for buffer yard fences. He stated that Planning Department staff recommends approval of the revised language as presented. Planning Commission Meeting .May 1, 2003 Page 4 i Commissioner Drotning indicated that this revised wording in the Zoning Ordinance revisions will allow homeowners of existing lots of record to comply with the deck setbacks that were in place at the time their lot was platted. 03.51 Motion by Detjen, Second by Swecker to recommend to City Council approval of the revised language for Section 10 of the Zoning Ordinance amendment as presented. Ayes: Detjen, Grenz, Drotning, Pattee, Swecker, Stolte. Nays: 0 7. New Business Mr. Morey stated that there will be a work session following the May 15, 2003 Planning Commission meeting to discuss' proposed improvements to Mills Fleet Farm and to .begin the review and discussion of the townhome performance standards. Chair Stolte also indicated that at the May 15th meeting, the City Attorney will discuss the function of the Planning Commission. There being no further business, the meeting was adjourned at 6:30 p.m. Respectfully submitted, Penny ig, Record' ecretary ATTEST: owell Miller Stolte, Chair