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HomeMy WebLinkAbout10-16-03 CITY OF LAKEVILLE Planning Commission Meeting Minutes OCTOBER 16, 2003 The October 16, 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: Reuvers, Pattee, Swecker, Stolte, Detjen, Grenz, Drotning, ex-officio Puncochar. Absent: None Staff Present: Daryl Morey, Planning Director; Leif Hanson, Zoning Enforcement Coordinator; Jay Rubash, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3: APPROVAL OF MEETING MINUTES: The October 2, 2003 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. E-mail to staff from a neighbor regarding the Laura Johnson Special Home Occupation Permit (Agenda Item #6). 2. A summary of responses to the Transportation System questionnaire/survey, filled out in August, 2003. ITEM 5. TERRYLE A. KABES AND GEORGE R. KABES Chair Stolte opened the public hearing to consider the application of Terryle A. Kabes and George R. Kabes for the vacation of a public drainage and utility easement, located at 17397 Ithaca Lane. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with state statutes and City Code. Terryle and George Kabes were in attendance at tonight's meeting to answer any questions that the Planning Commission or public may have. Mr. and Mrs. • Kabes presented a brief overview of the project. Ms. Kabes questioned why the easement was originally platted in this location. Planning Commission Meeting October 16, 2003 Page 2 • Zoning Enforcement. Coordinator Leif Hanson presented the planning report. Mr. Hanson stated that George and Terryle Kabes are proposing to vacate a portion of an existing. drainage and utility easement that was originally platted along the rear lot line of Lot 18, Block 6, Barrett Second Addition. He indicated that the easement ranges from 10 feet wide at each corner to 43 feet wide in the middle. Mr. Hanson stated that the resulting drainage and utility easement along the. rear line of the. property, if the easement vacation request were approved, would be 10 feet in width. Mr. Hanson stated that the drainage and utility easement vacation is being requested to allow for the construction of a 480 square foot accessory .building which will be constructed over a portion of the existing rear yard drainage and utility easement.. He indicated that the proposed accessory building is to be constructed completely outside the remaining 10-foot wide drainage and utility easement and will be located at least 10 feet from the side and rear property lines and the existing house and deck located on the property. Mr. Hanson indicated that the preliminary development plan for the Barrett. subdivision included a pond in this area. The pond was removed from the design prior to final plat approval. Mr. Hanson stated that the rear yard • drainage and utility easement proposed to be vacated no longer serves its intended purpose and .there are no .City-owned utilities with the easement. Mr. Hanson stated that staff has forwarded the. drainage and utility easement vacation request to the private utility companies serving the subject property. Certerpoint Energy and Frontier Communications have responded and stated that they have no objections to the proposed easement vacation. Mr. Hanson stated that should the Planning Commission recommend to the City Council approval of the drainage and utility easement vacation, Planning Department staff recommends approval, subject to the 3 stipulations listed in the October 6, 2003 planning report. Chair Stolte opened the hearing to the public for comments. There were no comments from the audience. 03.115 Motion by Drotning, Second by Pattee to close the public hearing at 6:05 p.m. Ayes: Reuvers, Pattee, Swecker, Stolte, Detj en, Grenz, Drotning. Nays: 0 • Planning Commission Meeting October 16, 2003 Page 3 Chair Stolte explained to Mr. and Mrs. Kabes why the drainage and utility easement was located along the rear lot line of Lot 18, Block 6, Barrett Second Addition and why a portion of this easement is able to be vacated at this time. Commissioner I?rotning asked about the current ordinance requirements for stormwater ponds and wetlands. Mr. Morey stated that the current Subdivision Ordinance requires stormwater ponds and wetlands to be located. within outlots deeded to the City by the- . developer. The majority of the easement vacations that have been recently requested were for lots platted under the previous ordinance requirements. 03.116 Motion by Drotning, Second by Reuvers to recommend to City Council approval of the George and Terryle Kabes drainage and utility easement vacation request, subject to the 3 stipulations listed in the October 6, 2003 planning report. Ayes: Pattee, Swecker, Stolte, Detjen, Grenz, Drotning, Reuvers. Nays: 0 Item 6. Laura Johnson. • Chair Stolte opened the public hearing to consider the application of Laura Johnson fora :Special Home Occupation Permit to allow the operation of a hair: salon in asingle-family residence, located at 17069 Georgetown Way. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with state statutes and City Code. Laura Johnson was in attendance. at tonight's meeting to answer any questions that the. Planning Commission or public may have. Ms. Johnson presented a brief overview of her request. Zoning Enforcement Coordinator Leif Hanson presented the planning report. Mr. Hanson stated that Laura. Johnson has submitted a special home occupation permit application for the purpose of operating a hair salon out of asingle-family home located at 17069 Georgetown Way. The property is zoned RS-3, Single- . Family Residential District. Mr. Hanson stated that the hair salon would be operated from an unused bedroom located in the lower level of the home. He indicated that a shampoo.. bowl, hair station, styling chair and professional hairdryer will be the only equipment need to conduct the business. • Planning Commission Meeting October 16, 2003 Page 4 Mr. Hanson indicated that Ms. Johnson will be the sole proprietor and the only person. employed. in the hair salon. The proposed hours of operation are 3:00 pm. to 9:00 p.m., Tuesday through Thursday and 9:00 a.m. to 4:00. p.m. on Saturday, by appointment only. Mr. Hanson stated that City staff received two e-mails and two phone calls from neighboring residents with concerns of increased traffic and decreased property values due to Ms. Johnson's proposed hair salon. Mr. Hanson indicated that stipulations of the special home occupation permit will require that only one client visit Ms. Johnson's home at one time by appointment only, which. would not result in a significant increase of traffic within the neighborhood. Mr. Hanson stated that should the Planning Commission recommend to the City Council approval of the Special Home Occupation Permit request for a hair salon, Planning Department staff recommends approval, subject to the 9 stipulations listed. in the October 6, 2003 planning report. Chair Stolte opened the hearing to the public for comments. There were no comments from the audience. • 03.117 Motion by Swecker, Second by Reuvers to close the public hearing at 6:10 p.m. Ayes: Swecker, Stolte, betjen, Grenz, Drotning, Reuvers, Pattee. Nays: 0 Chair Stolte addressed the neighbors' concerns and explained that after one year, and again every three years thereafter, the applicant must come back to the Planning Commission to renew their Special Home Occupation Permit and any concerns would be addressed at that time. He stated that all property owners within 500 feet are notified of the renewal request. Mr. Morey stated that staff has never received negative comments from neighbors of approved Special Home Occupations. Commissioner Swecker confirmed that if Ms. Johnson increased or changed her hours of operation, she would not be required to come back to the Planning. Commission for .approval. Mr. Hanson indicated that the applicant only needs to stay within the hours of operation allowed by the Zoning Ordinance. Commissioner Puncochar stated that as a public safety issue, the police department has never had a problem with Special Home Occupations. Planning Commission Meeting October 16, 2003 Page 5 03.118 Motion ~y Swecker, Second by Drotning to recommend to City Council approval of the Laura Johnson Special Home Occupation Permit request to allow the operation of a hair salon in asingle-family .residence, located at 17069 Georgetown Way, subject to the 9 stipulations listed in the October 6, 2003 planning report. Ayes: Stolte, Detjen, Grenz, Drotning, Reuvers, Pattee, Swecker. Nays: 0 There being no further business, the meeting was adjourned at 6:20 p.m. Respectfully submitted, Penny B evi ,Recording Secr tary ATTEST: owell Miller Stolte, Chair