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HomeMy WebLinkAbout01-17-02 CITY OF LAKEVILLE .Planning Commission Meeting Minutes JANUARY 17, 2002 The January 17, 2002 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: Stolte, Larson, Michaud, Drotning, Grenz, Detjen, Wulff. Absent: Ex-Officio Commission Member Puncochar. Staff Present: Daryl Morey, Director of Planning; Frank Dempsey, Associate Planner; Leif Hanson, Zoning Enforcement Coordinator; .Roger Knutson, City Attorney; and Penny Brevig, Recording Secretary. ITEM 3. APPROVAL OF MEETING MINUTES: .Commissioner Wulff recommended the following change to the last line of the 4~ paragraph on page 8 of the December 6, 2001 Planning Commission meeting minutes: `ao the proposed addition can be built without a variance." Commissioner Stolte recommended the following addition to the 4~ paragraph on page 7 of the December 6, 2001 Planning Commission meeting minutes: "However, he was concerned that the proposed variance does not meet the Zoning Ordinance hardship criteria and that a precedent would be set for other Lakeshore properties." The December 6, 2001 Planning Commission meeting minutes were approved as amended. ITEM 4. ANNOUNCEMENTS Planning Director Daryl Morey indicated that there were no additions to tonight's meeting agenda. He did state that there is one correction to Agenda Item 8B under New Business: The City Council's approval of the Crystal Lake Country Club PUD amendment included extended hours for New Years Eve. ITEM 5. ELECTION OF 2002 PLANNING COMMISSION OFFICERS 02.01 Motion by Michaud, Second by Grenz to nominate: Commissioner Wulff to the office of Chair for the year 2002. • Planning Commission Meeting January 17, 2002 Page 2 02.02 Motion by Stolte, Second by Detjen to nominate Commissioner Michaud to the office of Vice Chair for the year 2002. 02.03 Motion by Michaud, Second by Wulff to nominate Commissioner Detjen to the office of Secretary for the year 2002. Roll call vote was taken on the motions. Ayes:. Michaud, Drotning, Grenz, Detjen, Wulff, Stolte; Larson Nays: 0 ITEM 6. MICHAEL WHELAN Chair Drotning opened the public hearing for consideration of the application of Michael Whelan for a Conditional Use Permit to allow more than 1,100 square feet of accessory building area on a property located in the RS-3 zoning district, located at 9700 - 202nd Street .West. City Attorney Knutson attested that the .legal notice had been published in accordance with state statutes and City Code. Mr. Whelan .was in attendance to answer any questions that the Planning Commission or public may have. .Zoning Enforcement Coordinator Leif Hanson presented the planning report. Mr. Hanson stated that Michael Whelan has submitted an application for a conditional use permit to allow more than 1,100 square feet of accessory building area on his property located in the RS-3 District at 9700 202nd Street West. Mr. Hanson indicated that Mr. Whelan is proposing to construct a detached accessory building on his property that,. when combined with the floor area of his existing attached garage, would exceed the maximum of 1,100 square feet of accessory 'building area that is allowed in an RS-3 District. Mr. Hanson stated that Mr. Whelan currently owns two existing detached accessory buildings that encroach onto Lots 5 and 6, Block 1, Marion Fields 4~ Addition. Mr. Hanson indicated that a stipulation of the Marion Fields 4~ Addition final plat requires that the encroaching accessory buildings be removed. Mr. Hanson stated that Mr. Whelan is proposing to construct a new detached accessory building on his property to replace the two accessory buildings that are required to be removed_ Mr. Hanson stated that Mr. Whelan has .two existing detached accessory buildings and achain-link fence that encroach onto the properties that border Mr. Whelan's south property line. He indicated that Mr. Whelan will reinstall the existing chain- link fence on his property at least 1 inch inside the side and rear property lines. Mr. Hanson stated that a stipulation of the conditional use permit will require Mr. Planning Commission Meeting January 17, 2002 Page 3 • Whelan to submit a $250 escrow to guarantee .removal of the accessory buildings and fence encroachment. Mr. Hanson stated that the proposed accessory building will be compatible with the principal building located on the lot and other existing homes in the area. He also indicated that the proposed accessory building complies with the required setbacks and will not be constructed in any drainage or utility easements. Mr. Hanson explained that Mr. Whelan is requesting the detached accessory building .for the purpose of storing lawn and garden equipment, recreational equipment, tools, a motor vehicle and other miscellaneous items. Mr. Whelan does not intend to provide driveway access to the proposed accessory building, which is consistent with the items that will be stored in the building. Mr. Hanson stated that should the Planning Commission recommend to the City Council approval of the Whelan conditional use permit application, Planning Department staff recommend approval subject to the six stipulations listed in the January 11, 2002 Planning Report and approval of the Findings of Fact dated January 17, 2002. • Chair Drotning opened the hearing to the public for comment. There were no comments from the audience 02.04 Motion by Wulff, Second by Michaud to close the public hearing at 6:15 p.m. Ayes: Drotning, Grenz, Detjen, Wulff, Stolte, Larson, Michaud Nays: O Commissioner Wulff asked Mr. Whelan if he planned to install electrical power in the proposed accessory building. Mr. Whelan indicated that yes he would eventually run electrical power to the proposed accessory building and the power lines would be underground. Chair Drotning asked staff if Mr. Whelan s lot could be subdivided due to the size of the lot. Mr. Hanson indicated that the lot is large enough to be subdivided into two lots, but not with the existing house on its current location. Chair Drotning asked Mr. Whelan why he chose to locate the proposed accessory building on the far southwest corner of his lot. Mr. Whelan indicated that there are no neighbors on the west side of his lot and he would have easier access in this . location. Planning Commission Meeting January 17, 2002 Page 4 i Chair Drotning asked Mr. Whelan what height the garage doors would be on the proposed accessory building. Mr. Whelan stated that he would be using the standard 7 or 8 foot garage door. Chair Drotning confirmed that there would not be a driveway going to the proposed accessory building. 02.05 Motion by Wulff, Second by Detjen to recommend to City Council approval of the application of Michael Whelan for a Conditional Use Permit to allow more than 1,100 square feet of accessory building area on a property located in .the RS-3 zoning .district, located at 9700 - 202nd Street West, subject to the 6 stipulations listed in the January 11, 2002 Planning Report and approval the Findings of Fact dated January 17, 2002. Ayes: Grenz, Detjen, Wulff, Stolte, Larson, Michaud, Drotning. Nays: 0 ITEM 7. CITY OF LAKEVILLE Chair Drotning opened the public hearing for consideration of the application of the City of Lakeville for an ordinance amending Title 10 of the Lakeville City Code . (the Subdivision Ordinance) concerning premature subdivisions. City Attorney Knutson attested that the legal .notice had been published in accordance with state statutes and City Code. Planning Director Daryl Morey presented the Planning Report.. Mr. Morey indicated that a "red-lined" draft amendment to Section 10-2-4-1F of the Subdivision Ordinance as prepared by City Attorney Roger Knutson based upon discussion at the December 6, 2001 Planning Commission meeting, had been distributed to the Planning Commission members. Mr. Morey stated that staff pointed out at the December 6~ meeting that a lack of school facilities alone would not be sufficient for the City to declare a subdivision premature. Mr. Morey stated that the draft amendment proposes to refine the public service capacity category of the eight premature subdivision criteria listed in the Subdivision Ordinance. He indicated that the public service capacity category will be renamed city service capacity and school capacity will be eliminated from thin category. Mr. Morey indicated that City staff will continue to forward residential plats to the school districts and to maintain our current level of communication with the school districts. Planning Commission Meeting January 17, 2002 Page 5 i Mr. Morey stated that Planning Department staff .recommends approval of the Subdivision Ordinance amendment, as presented. Chair Drofning opened the hearing to the public for comment. There were no comments from the audience. 02.06 MOTION by Michaud, Second by Detjen to close the public hearing at 6:30 p.m. Ayes: Detjen, Wulff, Stolte, Larson, Michaud, Drotning, Grenz. Nays: 0. Commissioner Michaud confirmed that the school districts would still be informed of proposed residential developments in the City. Commissioner Wulff stated that adequate school capacity is key to having a livable community. She indicated that .she understands why we have to change the wording, but she asked that the City Attorney keep abreast of changes in state statutes regarding this issue, including the possibility of again. listing school capacity as a premature subdivision criteria in the future. Commissioner Stolte confirmed that this is an enforceability issue.. Mr. Morey indicated that .the City has control over the City's service. criteria, such as fire, police, sanitary sewer, water, `etc., but the City doesn't have control over school capacity, the school districts do, Mr. Morey stated that many of the current and pending residential developments are townhouse projects, which attract more empty nesters and young professionals, with significantly fewer school aged children than single family developments. Chair Drotning asked the City Attorney to clarify the enforceability issue. City Attorney Knutson indicated that listing school capacity, which is not controlled by local municipalities, as a premature .subdivision criteria is relatively .unique in Minnesota. He reiterated that school capacity is beyond the City's jurisdiction. Commissioner Grenz confirmed that a lack of adequate public streets, including county roads, is included as a premature subdivision criteria. 02.07 MOTION by Detjen, Second by Wulff to recommend to the City Council approval of an ordinance amending Title 10 of the Lakeville City Code concerning premature subdivisions. Planning Commission Meeting January 17, 2002 Page 6 Ayes: Wulff, Stolte, Larson, Michaud, Drotning, Grenz, Detjen. Nays: 0 ITEM 8C. Approval of the 2002 Planning Commission meeting dates 02.08 Motion by Wulff, Second by Stolte to approve the 2002 Planning Commission meeting dates as presented.. Ayes: Stolte, Larson, Michaud, Drotning, Grenz, Detjen, Wulff. Nays: 0 ITEM 8D. Set a work session date to discuss the two. year review of the Zoning Ordinance .Update. Mr. Morey stated that Planning Department staff is requesting the Planning Commission set a work session to initiate the two year review of the Zoning Ordinance Update approved. by the City Council on July 17, 2000. As part of their approval of the Zoning Ordinance Update,. Mr. Morey indicated that the City Council passed a resolution directing the Planning Commission to review the • Zoning Ordinance and report their findings to the City Council by September, 2002. Mr. Morey indicated that he would like to set an initial work session to frame the issues and identify sections of the Zoning Ordinance that staff and Planning Commission members feel need modification or more detailed review. He stated that he will forward staff's running list of sections that need modification or review to the. Planning Commission prior to the work session. Mr. Morey indicated that he has .invited Dan Licht of .Northwest Associated Consultants (NAC) to attend the meeting to assist with the identification of issues. Mr. Morey stated that at the direction of the Planning Commission, he has invited Pat Lynch, DNR Metro Area Hydrologist to attend the work session with Gary and Donna Green to specifically discuss the bluff issue in conjunction with the Green's setback variance request. Mr. Morey also requested the Planning Commission's consideration of an amendment to the Sign Ordinance regarding multi-tenant office building signage. Mr. Morey indicated that City staff has received several requests from the owners and tenants of multi-tenant office buildings to allow more than one office tenant to be displayed on the building's freestanding sign. Dan Licht will be researching this • issue and staff will forward a draft amendment to the Planning'Commission prior to the work session. . Planning Commission Meeting January 17, 2002 Page 7 Because there are five Thursday in January, Mr. Morey asked the commission members to consider Thursday, January 31St as an acceptable work session date. The consensus of the Planning Commission was that 6:00 p.m. on Thursday, January 31St would work for all members to attend the work session. There being no further business, the meeting was adjourned at 6:45 p.m. Respectfully submitted, Penny B vi ,Recording cr ary ATTEST: • Karl Drotnng, Chair • `