Loading...
HomeMy WebLinkAbout11-07-02 CITY OF LAKEVILLE Planning Commission Meeting Minutes . NOVEMBER 7, 2002 The November 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, Swecker, Larson, Wulff, Detjen, Grenz, Drotning, ex-officio Puncochar. Absent: Reuvers Staff Present: Daryl Morey, Planning Director; Frank Dempsey, Associate .Planner; Jay Rubash, Assistant City Engineer; Andrea Poehler, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3: APPROVAL OF MEETING MINUTES: The October 10, 2002 Planning Commission meeting minutes were approved as presented. ITEM 4: ANNOUNCEMENTS: • Mr. Morey stated the following items were distributed to the Planning Commission members and staff before tonight's meeting. 1. November 6, 2002 Parks, Recreation & Natural Resources Committee meeting motions regarding the Lundell CUP, Hosanna 3rd Addition and Marion Village Fourth Addition. 2. E-mail from a Lakeville resident regarding Hosanna 3rd Addition. 3. Letter from Dakota County Plat Commission regarding Hosanna 3rd Addition. 4. Resume' of newly hired Associate Planner Janice Waataja. ITEM 5: CONSENT AGENDA 02.135 Motion by Drotning, Second by Swecker to recommend to City Council approval of the Consent Agenda as follows: Approve the application of Joan Kline fora 3-year extension of a Special Home Occupation Permit to operate a hair salon business out of her home, located at 18024 Jay Court. Ayes: Stolte, Swecker, Larson, Wulff, Detjen, Grenz, Drotning. Nays: 0 Planning Commission Meeting November 7, 2002 Page 2 • ITEM 6: THOMAS LUNDELL Chair Wulff opened the public hearing to consider the application of Thomas Lundell for a Conditional Use Permit to allow the construction of an addition to a house to within 20 feet from the top of the visual break in the slope of the bluff in the Shoreland Overlay District of Orchard Lake, located at 17070 Judicial .Road. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with state statutes and City Code. Thomas Lundell was in attendance at tonight's meeting to answer any questions the Planning Commission or public may have. Mr. Lundell presented an overview. of the project. He requested the Planning Commission members consider allowing him to keep his existing deck due to the fact that it was constructed prior to the adoption of the Shoreland Overlay District regulations. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that Thomas Lundell has submitted plans and an application for a Conditional Use Permit to allow the construction of an addition to their existing single. family home located at 17070 Judicial Road. He indicated that the house was constructed in 1972. The proposed addition will be set back 20 feet to the visual • break in the bluff. A conditional use permit is required to allow structures to within 20 feet of a visually identified bluff. Mr. Dempsey indicated that the proposed impervious .surface area is 23%, which complies with Shoreland Overlay District requirements. Mr. Dempsey indicated that the proposed building addition meets all setback requirements of the Shoreland Overlay District. He stated that the proposed house addition conforms to all height and setback requirements and performance standards of the Zoning Ordinance subject to conformance with the stipulations recommended in the conditional use permit. Mr. Dempsey indicated that Mr. Lundell's engineer reviewed and certified that the proposed addition will not adversely affect the integrity of the bluff and slope in compliance with the new bluff requirements. Mr. Dempsey stated that the survey of the Lundell property identified five non- conforming conditions, which are listed in detail in the November 1, 2002 planning report. Mr. Lundell is proposing to remove the existing non-conforming shed as well as the driveway encroachment along the south lot. line. Planning Commission Meeting November 7, 2002 Page 3 • Mr. Dem se stated than should the Plannin Commission recommend to Ci p Y g tY Council approval of the Conditional Use Permit, Planning Department staff recommends the five (13) stipulations listed in the November 1, 2002 planning report, and approval of the Findings of Fact, dated November 7, 2002. Chair Wulff opened the hearing to the public for comment. There were no comments from the audience. 02.136 Motion by Detjen, Second by Drotning to close the public hearing at 6:20 p;m. - Ayes: Swecker, Larson, Wulff, Detjen, Grenz, Drotning, Stolte. Nays: 0 Commissioner Detjen asked Mr. Lundell how old the deck was. Mr. Lundell indicated that the deck existed when he bought the house, but three years ago he replaced the decking and the .stair railings because they were deteriorating. Mr. Dempsey stated that all portions of the non-conforming deck could be replaced for maintenance .purposes except the foundation and footings for compliance with the .non-conforming structures section of the Zoning Ordinance. • Commissioner Drotning asked if the deck affected the impervious surface area. Mr. Dempsey indicated that the deck is not an impervious surface.. Chair Wulff stated that she visited the Lundell property and looked at the deck. She felt that it would be more destabilizing to the bluff to remove the deck, than it would be to allow the deck to remain. Commissioner Stolte also visited the Lundell property and agreed with Chair Wulff. Commissioner Drotning stated that it is always the Planning Commission's intention to correct as many non-conformities as possible in conjunction with conditional use permit requests. He noted that Mr. Lundell is removing some of the existing non-conformities and felt that it would be inappropriate to make Mr. Lundell remove the deck. Commissioner Grenz indicated that by the Lundell's almost doubling the height of their home with this Conditional Use Permit, there will be too much visual impact to the lake. Commissioner Drotning indicated that the Lundell's are allowed to build their home upward, provided they do not exceed the height and setback requirements. Planning Commission. Meeting November 7, 2002 Page 4 • Mr. Dem se dis la ed some ictures taken from the Lundell ro er and P Y P Y P P P tY indicated that there is a lot of vegetation to screen the house from the lake. Commissioner Drotning thanked the Lundell's for their cooperation on this project. Mr. Morey indicated that Stipulation 8, referring to the removal of the deck, will be removed from the stipulations. 02.137 Motion by Stolte, Second by Detjen to recommend to City Council approval of the Thomas Lundell Conditional Use Permit to allow the construction of an addition to a house to within 20 feet from the top. of a bluff in the Shoreland Overlay District of Orchard Lake, located at 17070 Judicial Road, subject to the 13 stipulations listed in the November 1, 2002 planning report, as amended, and approval of the Findings of Fact, dated November 7, 2002. Ayes: Larson, Wulff, Detjen, Drotning, Stolte, Swecker. Nays: Grenz. Indicated the reason for his nay vote was that he felt that the addition to the house is too close to the minimum setbacks and is too high. He thought there would be too much impact to the lake. • ITEM 7. HOSANNA 3RD. ADDITION Chair Wulff opened the public hearing to consider the application of Hosanna! Lutheran Church for the: A. Preliminary and final plat to be known as Hosanna 3rd Addition; B. Amendment to Conditional Use Permit No. 96-01 to allow an expansion to the Hosanna! Lutheran Church parking. lot to accommodate additional sanctuary seating; C. The vacation of public drainage and. utility easements. Assistant .City Attorney Poehler attested that. the legal notice had been duly published in accordance with state statutes and City Code. Jim Hayes and Kent Matzek from Hosanna! Lutheran Church was in attendance at tonight's meeting to answer any questions the Planning Commission or public may have. Mr. Hayes presented an overview of the project and an update on the current construction. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated that representatives of Hosanna! Lutheran .Church .have submitted applications for a Preliminary and Final plat to be known as Hosanna 3rd Addition, an amendment to Conditional Use Permit No. 96-01 to allow an expansion. to the Hosanna! Lutheran Church parking lot to allow an additional 63 parking spaces to Planning Commission Meeting November 7, 2002 Page 5 • accommodate an additional 300 seats in the church sanctuar now under Y construction, and a vacation of public easements. Mr. Dempsey indicated that all existing public easements associated with the Hosanna 2nd Addition plat are proposed to be vacated and reestablished along the new lot lines with the proposed Hosanna 3rd Addition final plat. Mr. Dempsey stated that the preliminary and final plat of Hosanna 3rd Addition replats existing Lot 1, Block 1 and Outlot A, Hosanna 2nd Addition into one lot and two outlots. Proposed Lot 1, Block 1, Hosanna 3rd Addition will be 29.4 acres in area and 663 feet in width which meets the minimum lot requirements in the RM-1 Medium Density Residential District.. Outlot A, Hosanna 3rd Addition will xemain ' undeveloped .and is conceptually planned for medium density residential development consistent with the RM-1 zoning of the property. Outlot B, Hosanna 3rd Addition is proposed to accommodate a future church monument sign adjacent to County Road 46. Mr. Dempsey stated that. Hosanna! Lutheran Church paid park dedication in 1996 with the original Hosanna Addition plat. He indicated that future platting. for residential development of Outlot A will require that park dedication be paid at • that time. The Parks, Recreation and Natural Resources Committee reviewed the preliminary and final plat plans at their November 6, 2002 meeting. Their recommendation for approval was distributed at tonight's meeting. Mr. Dempsey reviewed the history of Conditional Use Permit (CUP) No. 96-01, which allowed the construction of the existing Hosanna! Lutheran Church. and was approved on March 4, 1996. An amendment to this CUP was approved by the City Council on March 2, 1998 to allow the construction of Phase II for additional classroom space and parking. A third amendment to CUP No. 96-01 was approved by the City Council on July 5, 2000 in conjunction with he Hosanna 2nd Addition plat, which allowed the construction for the expanded sanctuary, administrative offices and parking lot. Mr. Dempsey indicated that an amendment to the Conditional Use Permit is required to allow the additional sanctuary seating and proposed parking lot expansion. Mr. Dempsey .stated that Hosanna! Lutheran Church plans to install a new monument sign on Outlot B and two additional directionalsigns, for a total of two monument signs and four directional signs. The monument .and directional signs must be modified to meet Sign Ordinance requirements and a permit must be issued by the City prior to the church installing the signs. Planning Commission Meeting November 7, 2002 Page 6 Mr. Dem se stated that should the Plannin Commission recommend to Ci P Y g tY .Council approval of the Hosanna 3rd Addition Preliminary and .Final Plat, Conditional Use Permit. Amendment and Easement Vacation, Planning Department staff recommends the 7 stipulations listed in the November 1, 2002 planning report, and approval of the Findings of Fact dated November 7, 2002. Chair Wulff opened the hearing to the public for comment. Angela.McLaughlin,16330 Jamison Path • Lives adjacent to the Hosanna! Lutheran Church parking lot. She is concerned about the on-going noise of construction vehicles and the overgrown weeds. She would like to know the timetable for conclusion of the current phase of construction. She would like to be better informed in the future of the Church's expansion plans. 02.138. Motion by Stolte, Second by Grenz to close the public hearing at 6:50 p.m. Ayes: `Wulff, Detjen, Grenz, Drotning, Stolte, Swecker, Larson. Nays: 0 • Commissioner Swecker was concerned about the overflow parking at Crystal Lake .Elementary School across the street from. Hosanna! Lutheran Church. Mr. Hayes stated that they have a verbal .agreement with the school district to use the Crystal Lake Elementary school parking lot on Sundays. He indicated that the church will be eliminating one Sunday service to allow increased time between services to help alleviate the parking problem. Mr. Hayes explained the future building plans of Hosanna! Lutheran Church and he agreed to inform the neighbors of future expansion plans. Commissioner Detjen asked Mr. Hayes if there was a time frame for expanding the sanctuary to the 2500 seats. Mr. Hayes indicated that. the church hasn't decided on a time frame for that yet. Commissioner Detjen asked if the 2500 seat expansion would be complete before a building is constructed on Outlot A. Mr. Hayes agreed that that is the church's plan. Commissioner .Grenz recommended that the church try to control 'the weed problem on the west side of the property adjacent to the townhomes. Commissioner Drotning informed the neighbors that the future. development of . Outlot A will require a neighborhood meeting and public hearing before development occurs. Planning Commission Meeting November 7, 2002 Page 7 • - Commissioner Puncochar suggested that better communication could take place through the townhouse newsletter. Mr. Hayes stated that a member of the church is on the townhouse association board and could assist with communication via the newsletter. Commissioner Stolte asked why the monument sign that would be going in needed it's own outlot. Mr. Dempsey explained that if the church released ownership of Outlot A, the sign would be on it's own outlot (Outlot B) and would be retained with the owner of Lot 1, Block 1, Hosanna 3rd Addition. Chair Wulff asked about electrical service for the future church monument sign if the church ever sold Outlot A. Mr. Morey stated that the church would have to get a private easement with the owner of Outlot A to run electrical service to the monument sign within. Outlot B. Chair Wulff wanted to be sure that if the Church and City staff determined that additional parking was needed, the church would immediately start construction of additional parking and would not be allowed 15 months to construct future parking. Mr. Hayes agreed. • 02.139 Motion: by Swecker, Second by Drotning to recommend to City Council approval of the Hosanna 3rd Addition Preliminary and Final Plat, an Amendment to Conditional Use Permit No. 96-01 to allow an expansion to the Hosanna! Lutheran .Church :parking lot to accommodate additional sanctuary seating, and for the vacation of public drainage and utility easements, subject to the 7 stipulations listed in the November 1, 2002 planning report, and approval of the Findings of Fact dated November 7, 2002. Ayes: Detjen, Grenz, Drotning, Stolte, Swecker, Larson, Wulff. Nays: 0 ITEM 8. MARION VILLAGE FOURTH ADDITION Chair Wulff opened the public hearing to consider the application of Contractor's Financial Company for a preliminary and final plat to be known as Marion Village Fourth Addition, and for the vacation of public street right-of-way. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with state statutes and City. Code. Paul Kempf of Contractor's Financial Company was in attendance at tonight's meeting to answer any questions the Planning Commission or public may have. Mr. Kempf presented an overview of the project. Planning Commission Meeting November 7, 2002 Page 8 • Associate Planner Frank Dem se resented the tannin re ort. Mr. Dem se p YP p g P P Y stated that Paul Kempf has submitted applications for the preliminary .and final plat of .one single-family lot on one block to be known as Marion Village Fourth Addition and for a vacation of a portion of Bayyiew Avenue right-of-way located within the preliminary and final plat boundaries. He indicated that the subject property includes outlot G, Marion Village, which was platted in 1992, and Proposed Park and Bayview Avenue right-of-way platted in Marion Heights in 1910. Mr. Dempsey stated that the area on the Marion Heights plat shown as Proposed Park was acquired by Mr. Kempf so it could be combined with outlot G, Marion Village for the proposed single family lot. Mr. Dempsey stated that the proposed right-of-way vacation would allow the vacated right-of-way to be included in proposed Lot 1, Block 1, Marion Village Fourth Addition for the construction of a new single family home. He indicated that Bayview Avenue right-of-way to the north has been previously vacated and there is no street existing within the Bayview Avenue right-of-way proposed to be vacated. Mr. Dempsey stated that the preliminary and final. plat of Marion. Village Fourth • Addition consists of one lot and one block. He indicated that the lot meets the minimum lot area and width requirement required in the RS-3 District.. Mr. Dempsey indicated that. there will be one outlot, outlot A, located north of Lot 1, Block 1 and adjacent to the southwest side of the recently approved Mehlhorn Beatty Addition. :outlot A, will be deeded to the City with the Marion Village Fourth Addition preliminary and final plat. Mr. Dempsey stated that a grading, drainage, erosion control and utility plan has been submitted with the preliminary and final plat of Marion Village Fourth Addition. The new single family home will be able to utilize existing sanitary sewer and water utilities adjacent to the property. Mr. Dempsey indicated that the grading plan proposes to relocate the existing drainage swale to the north, which will reduce the risk of erosion .and the undermining of the fill area on which the new house .will be constructed. The relocated swale will be placed in a public drainage and utility easement. Mr. Dempsey stated that of the 44 trees on the property, 19 trees will be removed resulting in a save percentage of 57%. Mr. Dempsey indicated that the final plat. of Marion Village Fourth Addition is subject to a park dedication fee for one lot totaling $1,585.00, consistent with the Planning Commission Meeting November 7, 2002 Page 9 • Park's Recreation and Natural Resources Committee recommendation distributed at tonight's meeting. Mr. Dempsey stated that Marion Village Fourth Addition is located withinthe Lake Marion Shoreland Overlay District that allows a maximum impervious surface area of 25%. The proposed impervious surface area will be approximately 15.2%, which will be verified upon the submittal of a survey for the construction of the house. Mr. Dempsey stated that should the .Planning Commission recommend to City Council approval of the Marion Village Fourth Addition Preliminary and'Final Plat and vacation of public right-of-way, Planning Department staff recommends the 6 stipulations listed in the November 1, 2002 planning report. Chair- Wulff opened the hearing to the public for comment. Gus Molina, 20332. Jupiter Way • Concerned about whether the back of their lot was going to be affected by this development. • Concerned about drainage and doesn't want the stream that runs behind his • house to be realigned. 02.140. Motion. by Grenz, Second by Drotning to close the public hearing at 7:30 p.m. Ayes: Grenz, Drotning, Stolte, Swecker, Larson, Wulff, Detjen. Nays: 0 Assistant City Engineer Jay Rubash explained what was planned for the slow moving.. stream that runs behind the houses in this area and indicated to Mr. Molina that the stream would enter the wetland in the same low spot that it does today and the amount of flow from the stream wouldn't change. 02.141 Motion by Swecker, Second by Larson to recommend to City Council approval of the Marion Village Fourth Addition Preliminary and Final Plat and vacation of public right-of-way, subject to the 6 stipulations listed in the November 1, 2002 planning report. Ayes: Drotning, Stolte, Swecker, Larson, Wulff, Detjen, Grenz. Nays: 0 Planning Commission Meeting November 7, 2002 Page 10 ITEM 10. STAFF NOTICES Commissioner Drotning summarized the additional zoning ordinance updates that he recommended be discussed at the next work session and which Mr. Morey indicated in a memo .distributed- to Planning Commission members prior to tonight's meeting. Reminder that the next Planning Commission meeting on November 21 will be a Work Session with townhouse developers attending to discuss RM- 1 District performance standards. There being no further business, the meeting was adjourned at 7:35 p.m. Respectfully submitted, Penny Bi vi , Recording S retary ATTEST: a Wendy Wulff, hair