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HomeMy WebLinkAbout11-01-01 CITY OF LAKEVILLE Planning Commission Meeting Minutes NOVEMBER 1, 2001 .The November 1, 2001 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, Grenz, Michaud, Drotning, Comer, Detjen, Wulff, Puncochar Absent: None Staff Present:. Daryl Morey, .Acting Community and Economic Development Director; Frank Dempsey, Associate Planner; Roger Knutson, City Attorney; and Penny Brevig, Recording Secretary. City Attorney Roger Knutson swore in Jeff Larson as the Planning Commission Alternate. ITEM 3: APPROVAL OF MEETING MINUTES: Commissioner Wulff wanted the following paragraph added to .page 7 of the October 16, 2001 minutes: Commissioner Wulff stated that unless the C-3 use is positively identified prior to the final plat, the driveway should not be constructed at all and the pond should be shifted north. The October 16, 2001 Planning Commission meeting minutes were approved as amended. ITEM 4: ANNOUNCEMENTS: Acting Community and Economic Development Director Daryl Morey stated that the following item. was distributed to the. Planning Commission members and staff before tonight's meeting: - 1. Letter from .Dave .and Diana Simonpietri regarding their. opposition to the liquor license. and extended hours for Crystal Lake Country Club. Mr. Morey also indicated that the November. 15, .2001 ..Planning Commission meeting will be cancelled due to lack of agenda items. Planning Commission Meeting November 1, 2001 Page 2 ITEM 5. PERFORMANCE OFFICE PAPERS Chair Drotning stated that Performance Office Papers has formally withdrawn their :request for a variance to allow a lot without frontage on a public. street, located at 21673 Cedar Avenue. The applicants have decided to pursue an alternative to the variance request. 01.141 Motion by Wulff, Second by Comer to accept Performance Office Papers' October 18, 2001 letter of withdrawal into the official record. Ayes: Stolte, Grenz, Michaud, Drotning, Comer, Detjen, Wulff Nays: 0 -ITEM 6. JOAN B. KLINE Chair Drotning continued the public hearing to consider the application of Joan B. Kline for a Special Home Occupation Permit to allow the operation of a hair salon business in asingle-family residence, located at 18024 Jay Court: Ms. Kline stated that she wanted to use her current barber's license to operate a hair salon in her home. She indicated .that she would not advertise her .home occupation. Associate Planner Frank Dempsey stated that on September 20, 2001 the Planning Commission tabled the request of Joan Kline for a special home occupation permit to allow her to operate a hair salon from. her home. Mr. Dempsey. indicated that at the September 20, 2001 meeting a neighbor had submitted a petition signed by 12 property owners and spoke in opposition to the special home occupation permit. She gave her interpretation that the Raven Lake homeowners covenants do not permit businesses to be conducted in a home. Mr. Dempsey indicated that the Planning Commission stated to the applicant and neighbors .that the City has no enforcement authority regarding private covenants and that it `is not the City's responsibility to interpret them. The City Attorney's office has advised that the Planning Commission cannot base its recommendation to the City Council upon the private covenants. Planning Commission Meeting November 1, 2001 Page 3 Mr. Dempsey stated that after receiving public comment in opposition to the application, Ms. Kline requested that action be tabled to allow her time to review the property covenants and to speak again -with her neighbors. Ms. Kline has informed staff that she has discussed the issues with her neighbors but has not made progress to quell the opposition. and is now requesting that the Planning Commission consider her application consistent with .the Zoning .Ordinance requirements.. Mr. Dempsey. stated that Merlyn Meinerts, an attorney representing several Raven Lake homeowners, has submitted a letter to the City, dated October. 3, 2001, stating the homeowners' continued objection to the Kline special home occupation permit request becausethe operation of a beautysalon in Raven Lake Second Addition is .inconsistent with the spirit of the association documents. Mr. Dempsey stated .that should the Planning Commission recommend to City Council approval of the special home occupation permit, Community and. Economic Development Department staff recommends the 9 stipulations listed in the September 14, 2001 planning report and approval of the Findings of Fact dated November 1, 2001.. Chair Drotning continued the hearing to the public for comment. There were no comments from the audience. 01.142 Motion by Michaud, Second by Comer to close the public hearing at 6:15 p.m. Ayes: Stolte, Grenz, Michaud,. Drotning, Comer, Detjen, Wulff Nays:. 0 Commissioner Wulff commented that many people in the City of Lakeville have a business in their home and don t obtain a permit. She gave credit to Ms. Kline for .doing the right thing by going hrough the application process. Commissioner Detjen stated that. he has a neighbor that operates a hair salon at her home, and they have had no problems with it. Chair Drotning asked the City Attorney to address the question. regarding covenants. Mr. Knutson indicated that the covenants are a private. contract among the homeowners and the City has no right to enforce them. Planning Commission Meeting November 1, 2001 Page 4 Chair Drotning .asked Mr. Dempsey about the number of day care uses that are operated as home businesses. Mr. Dempsey indicated that the City of Lakeville has approximately 1301icensed day cares. which are. operating as home businesses. 01.143 Motion by Detjen, Second. by Wulff to recommend to the City Council approval of the application of Joan Kline for a special home occupation permit. to allow the operation of a hair salon business in asingle-family residence, located at 18024 Jay Court, subject to the 9 stipulations listed in the September 14 planning report, and approval of the Findings of Fact dated November 1, 2001. Ayes: Grenz, Michaud, Drotning, Comer, Detjen, Wulff, Stolte Nays: 0 ITEM 7. CRYSTAL LAKE GOLF CLUB Chair Drotning opened the public hearing to consider the application of Crystal :Lake Country Club, Inc. for an amendment. to the Planned Unit Development for Crystal Lake Golf Club that will include the issuance of a liquor license for the sale of liquor on the premises and allow a change to the permitted hours of operation. City Attorney Knutson attested that the legal notice had been -duly published in accordance with state statutes and City Code. Jeff Hultgren, owner of Crystal Lake Country Club, Incorporated, -was in attendance at tonight's meeting to answer any questions that the Planning Commission or the public may have. Associate Planner Frank Dempsey presented .the planning report. He stated that Crystal Lake Country Club, Incorporated has submitted an application. for- an amendment to .the Fourth Amendment to the Crystal Lake Golf Estates Planned Unit Development (PUD) Agreement dated November 18, 1991. Mr. Dempsey indicated that the amendment proposed by Crystal Lake Country Club, Inc. will allow on-sale intoxicating liquor on the premises as well as extended hours of operation for the banquet facility. Mr. Dempsey stated that the approved Fourth Amendment to the Crystal Lake Golf Estates PUD included stipulations restricting alcohol sales and establishing limited hours of .operation for the banquet facility. Mr. Dempsey stated that the banquet room. has operated since August, 2000 without incident or complaints fromthe neighborhood. He indicated that Crystal Planning Commission Meeting November 1, 2001 Page 5 .Lake Country Club, Inc. mailed a letter to the neighbors dated .October 10, 2001 advising them of their plans to seek the proposed PUD amendment. Mr. Dempsey stated that the terms and conditions of the Fourth Amendment to the PUD as it applies currently. include two stipulations that are proposed for amendment which are listed in the October 25, 2001 planning report and refer to the restricted liquor license and hours of operation. Mr. Dempsey stated that liquor licenses are renewed annually.. Mr. Dempsey stated. that given that Crystal Lake Country Club, Inc. has operated the banquet facility in compliance with all of the stipulations approved with the Fourth Amendment to the PUD and that there have been no neighborhood complaints regarding the. banquet facility operation, Community and Economic Development staff recommends approval of the proposed Fifth Amendment to the Crystal Lake Country Club. PUD subject to the 7 stipulations listed in the planning report. Chair Drotning opened the hearing to the public for comment. There was a total of six residents that spoke. The following is a list of their concerns: 1. Dale Myer, 16706 Innsbrook Drive Mr. Myer lives directly across from the driveway. access the Crystal Lake Golf Club. He isopposed to this amendment. He is concerned. about the hard liquor and the extended hours of operation. He feels it will be difficult to control drinking in the parking lot. He feels that business meetings rather than weddings should be held at the facility. "If we change the scope of .these .hours, we are going to change the scope of what can happen at this facility." He reminded the Planning Commission that the vehicles have to leave through the neighborhood, not around it. 2. Diane Simonpietri, 16851 Ironwood Circle She is opposed to this amendment as her letter states, which was distributed at tonight's Planning Commission meeting. She feels a full service bar is inappropriate. for a facility in the middle of a residential neighborhood.. She ..also feels that because the outdoor patio is .used frequently, the extended hours are also inappropriate because the sound from the outdoor patio travels to her property. 3. Lauren DeMars, 167141nnsbrook Drive She .also lives directly across .from the Crystal Lake Golf Club parking lot. She can always tell when people are leaving the parking lot so she opposes extending the hours. She felt that the neighborhood worked hard on the last Planning Commission Meeting November 1, 2001 Page 6 amendment to reach a compromise on the operation of the banquet facility. She feels that the current operation is working well and should be left alone. 4. Gary Fuchs, 16580 Irwindale Way He lives in Boulder Village and is strongly in support of the .application of Crystal Lake Golf Club to extend their hours and serve hard liquor. He likes having the banquet facility located close to his neighborhood. He doesn't think this should be considered a bar. He feels the hard liquor will give patrons additional beverage choices. 5. Harry Meyers, 18022 Jay Court Mr. Meyers doesri t live in the Crystal Lake Golf Club area, but he believes the golf course would survive without selling hard liquor. He feels it will have a negative impact on the neighborhood. 6. Todd Bornhauser, P.O. Box 12, Lakeville Chamber of Commerce Executive Director Mr. Bornhauser explained that the Chamber was not able to consider having their annual gala event at Crystal Lake Golf Club .because they couldn't serve hard liquor. He felt that more. corporate meetings could be held there if hard liquor was served. 01.144 Motion by Detjen, Second by Michaud to close the public hearing at 6:40 p.m. Ayes: Michaud, Drotning, Comer, Detjen, Wulff, Stolte, Grenz. Nays:. 0 01.145 Motion by Wulff, Second by Grenz to accept Dave and Diana Simonpietri s letter of opposition,. dated November 1, 2001, into the official record. Ayes: Drotning, Comer, Detjen, Wulff,.Stolte, Grenz, Michaud Nays: 0 _ Commissioner Puncochar stated that he has been the uniformed police officer at some. of the events with .over 150 people attending. He indicated that there were. no complaints andthings,-ran very smoothly because of the approved PUD stipulations and the banquet facility management, He didri t believe that hard liquor would be a problem. He did indicate that he would like to see the word "uniformed" deleted from Stipulation 3. He felt that the officer. should- wear professional attire depending upon the event with their badge in full view. Commissioner Stolte empathized with the neighbors who moved into a golf course neighborhood and expected it to stay the same. He asked how many other similar facilities in the City are near or adjacent to residential areas. Mr. Dempsey indicated Brackett's Crossing, Babes Restaurant, Ole Piper Inn, and Chart House. Planning Commission Meeting November 1, 2001 Page 7 Mr. Hultgren stated that this is not a restaurant. It is marketed as a banquet facility. Mr. Hultgren indicated that in the original Crystal. Lake Country Club PUD, they identified a future banquet facility use serving wine, beer, champagne, .etc. and with extended hours. They compromised with the neighbors regarding the hard liquor and hours of operation with the last amendment and decided to prove the .compatibility with the neighborhood before seeking approvals fora full service banquet facility. Commissioner Grenz thought the banquet facility has been run very well. He feels that either the liquor license or the extended hours. should be considered at this time. If one works well for a year, then Mr. Hultgren could come back and request another amendment. Commissioner Wulff didri t remember the .previous PUD amendment discussion with Mr. Hultgren about extending the banquet facility hours and changing the liquor. license.. She doesri t believe that you can compare Crystal Lake Golf Club with Brackett's Crossing because Brackett's Crossing doesri t have an ingress/egress right through a residential neighborhood. She. wants to leave things as they are at Crystal Lake- Golf Club.. Commissioner Michaud confirmed with Ex-officio member Puncochar that there have-been no complaints in the last year regarding the Crystal Lake Golf Club. Chair Drotning indicated that he felt there was no distinction between hard liquor, wine, and beer. Mr. `Hultgren stated with the last amendment, his attorney stood up and informed the Planning Commission that they would be back in a year. Break at 6:55 p.m. Reconvened at 7:05 Chair Drotning asked Mr. Hultgren if he would still be using the portable bars and not be installing a permanent bar with stools. Mr. Hultgren confirmed this. The City Attorney also confirmed that they could not remodel the banquet facility to include a permanent bar. Chair Drotning took a poll of the Commissioners as to how they felt about the change. of use from beer/wine to hard liquor. Commissioner Wulff indicated no to hard liquor. Commissioners Stolte and Grenz indicated yes, if they did not extend Planning Commission Meeting November 1, 2001 Page $ the hours. Commissioners Detjen, Comer, Michaud and Puncochar indicated that they felt it was not a problem to add hard liquor. Chair Drotning indicated that the uniformed officer was a stipulation in the fourth amendment in 1999. He asked if the Planning Commission members agreed that the police officer would not need to wear a uniform. They all felt that a uniform was not necessary. Chair Drotning asked Mr. Hultgren about his weekday activities. Mr. Hultgren indicated that he felt they were going the extra mile if Crystal Lake Golf Club was the only facility having an officer with 150 people or more in attendance. He stated that they had lost some corporate outings. due to the liquor stipulation. He stated he was willing to compromise and have longer weekend .hours, but keep the weekdays the same. Chair Drotning polled the Planning Commissioners as to how they felt about the extended hours. Commissioners Stolte and Wulff do not want extended hours. Commissioner Wulff felt that this would be an annoyance to the neighbors. She doesri t want to turn the neighborhood against this business. Commissioner Grenz indicated that he doesn't support the hard liquor license and the extended' hours with this PUD amendment: .Commissioners Michaud, Comer, and Detjen had no .problem with extending the hours. Mr. Hultgren indicated that he would compromise and stopserving at 10:30 p.m. and close at 11:00 on weekdays. Commissioners Michaud and Detjen concurred with the proposed compromise. Commissioner Grenz indicated that he would prefer not to have any later hours on the weekdays due to the. residential character of the neighborhood. He would support an extra hour on the weekend. Commissioner Comer concurred. 01.146 Motion by Michaud, Second by Detjen to recommend to the City Council approval of the .application of Crystal Lake Country Club, Incorporated to allow an amendment to the Planned Unit Development for Crystal Lake Golf Club to allow the sale of intoxicating liquor on the premises -and to allow a change to the permitted hours of operation at Crystal Lake .Country Club, .located at 16725 Innsbrook .Drive, subject to the 7 stipulations listed in the October 26, 2001 planning report with an amendment to stipulation 3 to eliminate the word "uniformed." Ayes: Comer, Detjen, Michaud Nays: Drotning, Wulff, Stol#e, Grenz Planning Commission Meeting November 1, 2001 Page 9 Commissioner Wulff s reason for her nay vote was that nothing has changed since the Planning Commission approved the PUD amendment last year. Commissioner Stolte's reason for his nay vote was related to the surrounding residential neighborhood. Commissioner Grenz's reason for his nay vote was he could support only one extra hour on weekends. Chair Drotning's reason for his nay vote was he wants the weekday hours to stay the same, but extend the weekend hours by one hour. 01.147 Motion by Grenz, Second by Comer to recommend to the City Council approval of the application of Crystal Lake Country Club, Incorporated to :allow an amendment to the Planned Unit Development for Crystal Lake Golf Club to allow the sale of intoxicating liquor on the premises and to keep weekday hours the. same; .stop serving alcohol at 9:30 p.m., close. at 10:00 p.m. and extend weekend hours by one hour, stop serving alcohol at 11:30 p.m. and close at midnight. Ayes: Drotning, Comer, Grenz Nays: Detjen, Wulff, Stolte, Michaud The City Attorney suggested that the Planning Commission divide the issues and make separate. motions related to the liquor license and the hours of operation. 01.148 Motion by Wulff, Second by Comer to allow. an amendment to the Planned Unit Development for Crystal Lake Golf Club to allow the sale of intoxicating liquor on the premises and to amend Stipulation 3 to delete the word "uniformed" officer. Ayes: Grenz, Michaud, Drotning, Comer, Detjen Nays: Stolte, Wulff 01.149 Motion by Stolte, Second by Wulff to keep the hours of operation as they are at the present time. Ayes: Wulff, Stolte, Grenz Nays: Detjen, Michaud, Drotning, Comer Break at 7:30 p.m. Reconvened at 7:40 p.m. The City Attorney suggested that. the Planning Commission make separate motions related to weekday and weekend hours of operation. Planning Commission Meeting November 1, 2001 Page 10 01.150 Motion by Wulff, Second by Comer to keep the weekday hours of operation as theyare at the present time. Ayes: Wulff, Stolte, Grenz, Drotning, Corner Nays: Michaud, Detjen .Commissioner Michaud's reason for his nay. vote was that he thought they should be able to extend their weekday hours. Commissioner Detjen stated that he was willing to compromise, but not to leave the weekday hours "as is." 01.151 Motion by Comer, Second by Wulff to keep the .weekend hours of operation as they are at the present time. Ayes: Stolte, Grenz, Wulff Nays: Michaud, Drotning, Comer, Detjen The combined reason for the nay votes was because they thought the weekend hours should be extended. 01.152 Motion by Comer, Second by Grenz to extend the hours of operation by one hour on the weekends; stop serving alcohol at 11:30 p.m. and close at midnight. Ayes: Grenz, Michaud,. Drotning, Comer, Detjen Nays: Wulff, Stolte Commissioner Wulff indicated that she might have gone along with the 1 hour extension on the weekend zc?ithout the expansion of liquor service. It is not appropriate to expand both. Commissioner Stolte concurred. Chair Drotning stated that the recommendation to City Council will be to delete the word "uniformed" in Stipulation 3, .allow the. sale of intoxicating liquor on the premises, keep weekday hours the same; stop serving alcohol at 9:30 p.m. and close at 10:00 p.m., and extend weekend .hours by one hour; stop serving alcohol at 11:30 p.m. and close and. midnight. He stated that this request will be considered by the City Council in December. Item 8. New Business Mr. Morey... reminded the .Planning Commission. members that the November. l5, 2001 Planning Commission meeting will be cancelled. Commissioner Detjen asked when Stonegate will be back for final plat. Mr. Morey stated that it would likely be sometime in January or early February. Planning Commission Meeting. November 1, 2001 Page 11 Commissioner Wulff reminded the Planning Commission members that regarding Stonegate and the proposed private drive connecting the commercial property to the townhouse development, that adult uses (accessory), body piercing, pawn shops, are all permitted uses in the C-3 District and no planning action would be ..required. There being no further business, the meeting was adjourned at 7:55 p.m. Respectfully. submitted, Penny ig, Recording retary ATTEST: Karl Drotning, Chair