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Home My WebLink About03-07-02 CITY OF LAKEVILLE Planning Commission Meeting Minutes MARCH 7, 2002 The March 7, 2002 Planning Commission meeting was called to order by Chair Wulff in the City Hall Council Chambers at 6:00 p.m. Flag pledge and roll call of members: Present: Stolte, Larson, Michaud, Wulff, Detjen, Grenz, Drotning, ex-officio Puncochar. Absent: None Staff Present: Daryl Morey, Director of Planning; Frank Dempsey, Associate Planner; Leif Hanson, Zoning Enforcement Coordinator; Jay Rubash, Assistant City Engineer; Roger Knutson, City Attorney; and Penny Brevig, Recording Secretary. ITEM 3: APPROVAL OF MEETING MINUTES: The February 21, 2002 Planning Commission meeting minutes were approved as presented. ITEM 4: ANNOUNCEMENTS: The followin items were distributed to the Plannin Commission members and g g staff before tonight's meeting: 1. Letter to Ms. Sandi Sauber of Ladies Workout Express thanking her for informing the city that they no longer will pursue locating their facility at Ipava Marketplace. 2. March 6, 2002 Parks, .Recreation and Natural Resources Committee meeting motions and recommendations regarding the Village Creek Third Addition final plat. ITEM 5: CONSENT AGENDA 02.23 Motion by Drotning, Second by Stolte to recommend to City Council approval of the Consent Agenda as follows: Approve the application of Wensmann Homes for a final plat of 126 townhome unit lots and 4 common lots, to be known as Village Creek Third Addition, located west of Hamburg Avenue and north of 210 Street. Ayes:.Stolte, Larson, Michaud, Wulff, Detjen, Grenz, Drotning Nays: 0 Planning Commission Meeting March 7, 2002 Page 2 ITEM 6. LISA {HOERTER) ELLIOTT Chair Wulff opened the public hearing to consider the application of Lisa (Hoerter) Elliott for a Special Home Occupation Permit to allow the operation of a massage therapy business in asingle-family residence, located at 17071 Everest Path. City Attorney Knutson attested that the legal notice had been duly published in accordance with state statutes and City Code. Lisa (Hoerter) Elliott's husband, Mark Elliott attended the Planning Commission meeting on her behalf and was available to answer any questions that the Planning Commission or the public may have. Zoning Enforcement Coordinator Leif Hanson presented the planning report. Mr. Hanson stated that Lisa (Hoerter) Elliott has submitted an application for a special home occupation permit for the purpose of operating a massage therapy business out of her single-family home located at 17071 Everest Path. He stated that Ms. (Hoerter) Elliott is currently a massage therapist working for a business located in Lakeville and is licensed for massage therapy by the City of Lakeville. However, Lakeville City Code requires Ms. (Hoerter) Elliott to obtain an additional license to administer massages from her home. Mr. Hanson indicated that an addition is currently being constructed on the west. .side of Ms. (Hoerter) Elliott's home. This includes living, storage space, and a room where she is proposing to locate her home business. Mr. Hanson indicated that she cannot start her business until this addition to the home has had a final inspection. Mr. Hanson stated that there are 10 general provisions in Section 11-32-7 of the Zoning Ordinance which all permitted and special home occupations must conform. He indicated that the 10 provisions will be met by Ms. (Hoerter) Elliott as proposed in her special home occupation permit application. Mr. Hanson stated that according to Ms. (Hoerter) Elliott's application, the massage therapy business will be operated from a room located on the main floor of the home. The room will be adjacent to an office, entryway and exterior entrance located on the west side of the home that will be constructed with the addition. Customers will use the new west entrance to the home where there will be a sidewalk that. runs along the west side of the house from the driveway. Mr. Hanson indicated that according to Ms. (Hoerter) Elliott's application, only one customer will visit at any one time and by .appointment only. He stated that the . site plan indicates that there is enough space for off-street customer parking on the existing driveway. No customers will be allowed to park on the street. Planning Commission Meeting March 7, 2002 Page 3 Ms. (Hoerter) Elliott has indicated that she is proposing to sell candles, lotions and oils that are incidental to her massage therapy business. Mr. Hanson stated that should the Planning Commission recommend to City Council approval of the {Hoerter) Elliott Special Home Occupation Permit, Planning Department staff recommends approval subject to the 11 stipulations listed in the March 1, 2002 planning report and the Findings of Fact dated March 7, 2002. Chair Wulff opened the hearing to the public for comment. There were no comments from the audience. 02.24 Motion by Michaud, Second by Detjen to close the public hearing at 6:10 p.m. Ayes: Larson, Michaud, Wulff, Detjen, Grenz, Drotning, Stolte. Nays: 0 There were no comments from the Commission. 02.25 Motion by Stolte, Second by Michaud to recommend to City. Council approval of Lisa (Hoerter) Elliott's Special Home Occupation Permit to allow the operation of a .massage therapy business in asingle-family residence, located at 17071 Everest Path, subject to the 11 stipulations listed in the March 1, 2002 Planning Report, and approval of the Findings of Fact dated March 7, 2002. Ayes: Michaud, Wulff, Detjen, Grenz, Drotning, Stolte, Larson. Nays: 0 ITEM 7. CITY OF LAKEVILLE Chair Wulff opened the public hearing to consider an amendment to the Shoreland Overlay District section of the Zoning Ordinance related to development requirements for properties with bluffs. City Attorney Knutson attested that the legal notice had been duly published in accordance with state statutes and City Code. .Associate Planner Frank Dempsey presented the planning report and background information regarding this amendment. Mr. Dempsey stated that on January 31, 2002 and February 21, 2002 the Planning Commission met at informal work sessions to discuss the proposed amendments to the Shoreland Overlay District bluff requirements. Mr. Dempsey summarized the current bluff ordinance Planning Commission Meeting March 7, 2002 Page 4 • requirements. The Planning Commission felt that situations may occur where construction on lots created prior to the adoption of the bluff regulations (March 1, 1993) may be acceptable utilizing the visual identification method to determine the top of the bluff. Mr. Dempsey stated that the visual identification of the bluff could be utilized to determine the building setback from the top of the bluff for lots created prior to March 1, .1993 only by conditional use permit and subject to the criteria listed in the amendment. Mr. Dempsey indicated that Northwest Associated Consultants (NAC) has provided draft language that would amend the existing shoreland bluff regulations. A copy of Dan Licht's memo and draft amendment dated February 13, 2002 have been distributed to the Planning Commission. Mr. Dempsey stated that the DNR has expressed their support for the proposed revisions to the shoreland Overlay District section of the Zoning Ordinance as prepared by NAC. Chair Wulff opened the hearing to the public for comment. Gary and Donna Green, 17060 Judicial Road, attended the public, hearing and Ms. Green stated that she appreciated being able to voice their concerns and that the City is taking a common sense approach to amending the bluff ordinance. 02.26 Motion by Drotning, Second by Michaud to close the public hearing at 6:18 p.m. Ayes: Wulff, Detjen, Grenz, Drotning, Stolte, Larson, Michaud. Nays: 0 There were no comments from the Commission. 02.27 Motion by Detjen, Second by Drotning to recommend to the City Council approval of an amendment to the shoreland Overlay District section of ..the Zoning Ordinance related to development requirements for properties with bluffs. Ayes: Detjen, Grenz, Drotning, Stolte, Larson, Michaud, Wulff. Nays: 0 Planning Commission Meeting March 7, 2002 Page 5 There being no further business, the meeting was adjourned. at 6:22 p.m. Respectfully submitted, Penn ig, Recordin cretary ATTEST: Wendy Wulff Chair •