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Home My WebLink About04-19-01 CITY. OF LAKEVILLE Planning Commission Meeting Minutes APRIL 19, 2001 The Apri119, 2001 Planning Commission meeting was called to order by Vice Chair Wulff in the City Hall Council Chambers at 6:00 p.m. Roll call of members was taken: Present: Michaud, Bellows, Wulff, Comer, Detjen, Grenz, Puncochar Absent: Drotning, Kot Staff Present: Arlyn Grossing, Director of Community and Economic Development; Daryl Morey, Assistant Community Development Director; Frank Dempsey, Associate Planner; Soren Mattick, Assistant City Attorney; and Penny Brevig, Recording Secretary. ITEM 3: APPROVAL OF MEETING MINUTES: Thee April 5, 2001. Planning Commission meeting minutes were approved as presented. ITEM 4: ANNOUNCEMENTS: The following items were distributed to the Planning Commission members and staff before tonight's meeting: 1. New exhibits were distributed for the Sprung CUP. 2. FYI - The .letter to the Downtown .Lakeville Business Association, from Arlyn trussing, was .provided to the Planning Commission for their "information. ITEM 5. PUBLIC HEARING: MARK AND ANITA SPRUNG CONDTTIONAL USE PERMIT Vice Chair Wulff .opened the public hearing in consideration of the application of Mark and Anita Sprung for a Conditional Use Permit. to allow an expansion to a non-conforming single family home located within the Shoreland Overlay District for Lake Marion at 9878 -199 Street West. Assistant City Attorney Soren Mattick attested that the legal notice had been duly published in accordance with state statues and City Code. Mark and Anita Sprung. were in .attendance at tonight's meeting to answer questions. Associate Planner Frank. Dempsey presented an overview of .the Planning Report regarding the Conditional Use Permit for Mark and. Anita Sprung. Planning Coirunission Meeting Apri119, 2001 Page 2 • Mr. Dempsey stated that Mark and Anita Sprung have submitted an application for a conditional..use permit to' allow the construction of additional living space onto their non-conforming single family home located at 9878 - 199 Street West.. The property is zoned RS-3, Single Family Residential District and is located in the Shoreland Overlay District for Lake Marion. Mr. Dempsey stated that the house was constructed in 1978 and the Sprungs are proposing to replace an existing porch, located in the northeast corner of the home, with atwo-story living space addition to increase the: size of the bathrooms and. bedrooms on both levels. Mr. Dempsey also indicated than the proposed improvements call for the removal of an existing shed,. the. concrete pad attached to the shed, a portion of the driveway,. and the patio/deck brick pavers in .order to decrease the .impervious surface area of the .lot from 29.2 % to the 25 % required by the .zoning ordinance.. The patio/ deck will remain but will be resurfaced. with a pervious material such as deck boards, which have openings that allow water to seep through to the ground. Mr. Dempsey indicated that expansions to non-conforming single family homes are • allowed by conditional use permit provided that the expansion meets the minimum setback requirements. Staff has identified 6non-conforming issues related to the property:. 1. .The existing porch .does not meet the minimum. 30 foot setback to the front ..property line. 2. The house does not meet the minimum 10 foot setback to the west property line. 3. The property has an existing impervious surface area of 29.2%. 4. The: detached garage does not meet the minimum 10 foot side and rear yard setback.. 5. The lot area is 15,398 square feet. 6. The lot width is 97.5 feet. Mr. Dempsey indicated that the minimum lot area requirement is 20,000 square feet and the minimum lot width is 100 feet for lots that abut Lake Marion. Mr. Dempsey stated that the Sprungs met informally with the .Planning Commission at their February 15, 2001 work session to discuss their plans and related zoning issues.. The .Planning Commission members stated .that they would support a conditional use permit request for a house addition.. provided the addition meets all setback requirements and the impervious surface area is reduced to a maximum of 25 Planning Conunission Meeting April 19, 2001 Page 3 • Mr. Dempsey stated that the Planning Commission did not feel they could support a variance due to the .evident lack of hardship. The revised plans show site improvements that will eliminate the porch encroachment and will .reduce the existing impervious surface area to 25%. The proposed addition will meet all setback requirements. There were no comments from the audience. 01.32 Motion by Comer, Second by Detjen to close the public hearing at 6:10 p.m. Ayes: Michaud, Bellows, Wulff, Comer, Detjen, Grenz Nays: 0 Commissioner Detjen asked whether the width of the portion of the flag-shaped lot abutting the lake was typical. Mr. Dempsey. indicated that it was not. He stated that the property is a legal,. non-conforming. parcel that was subdivided prior. to the establishment of the shoreland. regulations. 01.33 MOTION by Bellows, Second by Michaud to recommend to .the City `Council • approval of the application of Mark and: Anita. Sprung. for a conditional use permit request to allow an expansion to anon-conforming single family home located within the shoreland Overlay District for. Lake Marion at 9878 - 199 Street West, subject to the four stipulations Iisted in the April 13, 2001 Planning Report and the Findings of Fact dated April 19, 2001. Ayes: Bellows, Wulff, Comer, Detjen, Grenz, Michaud .Nays: 0. ITEM 6:' PUBLIC HEARING: DAVID PETERSON AND HANDICAPPED DRIVING SYSTEMS CONDITIONAL USE PERMIT Vice Chair Wulff opened the public hearing for consideration of the .application o£ David Peterson and Handicapped Driving Systems for a Conditional Use Permit to allow major auto repair and outside storage and display in the C-3, General Business.: District, located at 16290 Kenrick Loop. Assistant City Attorney .Soren IVlattick attested that the legal notice had been duly published in accordance with state statutes and City .Code. Mr. David Peterson, owner of Handicapped Driving Systems, Incorporated, was in attendance to answer any questions .the Planning. Commission may have. Mr. Planning Commission Meeting April 19, 2001 Page 4 • Peterson indicated that he had been in the business of modifying vehicles for the physically disabled and selling these vehicles since 1972. Mr. Frank Dempsey presented an overview of the planning report regarding the application of Mr. David Peterson for a Conditional Use Permit to allow the establishment of a major auto repair business with outdoor storage and display to be known as Handicapped Driving Systems, Incorporated (dba HDS Specialty Vehicles) at 16290. Kenrick Loop.. Mr. Dempsey stated that the subject property had been previously used as a major .auto repair. facility since 1983 and most: recently occupied by Crystal Lake Automotive, which. is now located at the opposite corner of the I-35/County Road 46 interchange. The property is zoned C-3, .General Commercial District, and Mr. Dempsey .indicated that the proposed major auto repair use and outdoor storage and display is allowed in the C-3 District subject to the approval of a conditional .use. permit. • Mr. Dempsey. stated that HDS Specialty Vehicles is currently located in Burnsville and has been there for 6 years. Mr. Dempsey indicated that HDS Specialty Vehicles converts vehicles for people with physical disabilities. HDS is licensed by the State of Minnesota to sell vehicles from the. Burnsville location. They will be required o obtain a new license to sell the converted vehicles from the Lakeville location. Mr. Dempsey. stated that the HDS. Specialty .Vehicles use of the property is considered major automobile repair due to the body work that is required to upgrade the vehicles for handicap accessibility. Major auto repair and outside display of up to 10 finished vehicles requires a :conditional use permit in the G3 District. Mr. Dempsey tated that the property is located in Planning District No. 1 of the Comprehensive Plan and is classified as commercial: The major auto repair use. and outdoor storage and display area is in compliance with the Comprehensive Plan and is compatible with surrounding commercial land. uses. Mr. Dempsey stated that the survey has identified. an existing well on the property. A stipulation of this Conditional Use permit will require that the property owner . abandon the well: according to Dakota County and State of Minnesota requirements by June 30, 2001. A $1,000.00 cash security will be required to guarantee compliance with this stipulation. Planning Commission Meeting Apri119, 2001 Page 5 • Mr. Dempsey stated that Community and Economic Development Department staff recommends approval of the conditional use permit request for major .auto repair. and. outdoor. sales/display. on the subject property .for HDS Specialty Vehicles subject to the eleven stipulations listed in the April 13, 2001 planning report. There. were no comments fromthe audience. 01.34 Motion by Bellows, Second by Grenz to close the Public Hearing at 6:20 p.m. Ayes: Wulff,Comer, Detjen, Grenz, Michaud, Bellows Nays: 0 , Vice Chair Wulff asked Mr. Peterson if there would be any alterations to the outside of .the building... Mr. Peterson stated that no significant changes were planned for inside or outside of the building. Vice ..Chair. Wulff asked if there will. be any changes to the existing parking lot • which. does not have. perimeter curbing:. Mr. Peterson indicated that there are no changes. planned to the parking lot. Assistant Community Development Director Daryl Morey stated that the. proposed use of the site for major auto repair is the same as the previous use and that the City is not: aware of any drainage problems on this site. He also stated that site. drainage wi1T be monitored as part of the Conditional Use Permit. Vice Chair Wulff asked Mr. Dempsey what the time frame is for removal of the old Leo`s South,building. Mr. Dempsey stated that the building must be removed by October. of 2001 and the City is holding an escrow to guarantee removal of the building. 01.35 Motion by Michaud, Second by Detjen to recommend to the City Council. approval of the application of David Peterson and HDS Specialty Vehicles for a Conditional Use Permit _to allow major auto .repair and outside storage and display in the G3, Generale Business District at 16290 Kenrick Loop subject. to the 11 stipulations listed in the April 13,.2001 Planning. Report and the Findings of Fact dated Aprill9, 2001. Ayes: Comer, Detjen, Grenz, Michaud, Bellows, Wulff. • Nays: 0. Planning. Commission Meeting April 19, 2001 Page 6 ITEM Z: 2001 - 2005 CAPITAL IMPROVEMENT PLAN Vice Chair Wulff opened the public hearing for consideration of the request of the City of Lakeville for the adoption of a Five .Year Capital Improvement Plan for 2001-2005 _Assistant City Attorney Soren Mattick .attested that the legal notice had. been duly published_n accordance-with state statues and City Code. Community and Economic- Development .Director Arlyn trussing stated #hat .City. staff is recommending that this agenda item be continued until the May 3, 2001. meeting to give the City Engineer time to .revise the 2001 -2,005 Capital Improvement Plan based on ongoing discussions with Dakota County. 01.36 Motion by Detjen, Second by Grenz to continue the 2001 - 2005 Capital Improvement Program agenda item .until the May 3, :2001 Planning Commission meeting. Ayes: Detjen, Grenz, Michaud, Bellows, Wulff, Comer Nays:. 0 There being no further business,. the meeting: was adjourned at 6:25 p.m. Respectfully submitted, L~ Penny B evi ,Recording cre y ATTEST: Wendy Wulff, ice Cha