HomeMy WebLinkAbout11-01-01 work session -PLANNING COMMISSION
WORK SESSION MEETING NOTES
NOVEMBER 1, 2001
On November 1, 2001, Gary and Donna Green were invited to speak to the
Planning Commission regarding their proposed expansion to their non-
conforming house located at 17060 Judicial Road. The existing house is located
on the bluff as identified on the survey submitted with the architectural plans:
The top of the bluff runs through. the existing house. The proposed addition
would. also be located within the bluff. A minimum 20 foot setback is required
from the bluff on the Green's parcel. The Green's architect submitted plans and
an outline of the Green's proposal. Associate Planner, Frank Dempsey wrote a
staff planning memo outlining the Green's request and the requirements of the
Zoning Ordinance, including the establishment of hardship as grounds for a
variance. Dempsey noted that staff has consulted with the Department of
Natural .Resources (DNR) regarding the proposed variance..
The Greens discussed their plans and gave their reasons for pursuing a setback
variance. The Greens plan to construct the addition for a proposed. den/office.
The Green's architect submitted and existing and proposed floor plan and two
possible design alternatives. The Greens said that the design alternatives are
not practical given the configuration of the existing floor plan:.
The Planning Commission discussed various design alternatives and reminded the
Greens about Zoning Ordinance. and State Statute requirements that require the
establishment, of undue hardship. The applicant is required to prove undue hardship to
establish that there is no reasonable use of the property unless a variance is approved.
The Planning Commission asked staff to consult the City Attorney regarding the
..proposed variance. Would rights be granted to the non-conforming house if a
variance is approved for the. addition or can the variance be approved only. for the
proposed addition? Will a variance set a precedence that would make it difficult to
enforce other similar setback variance requests? The Planning Commission also
requested a site visit by the DNR to the Green property followed with a written
reponse from the DNR.
Staff will forward the City Attorney's opinion to the Planning Commission and the
Greens following discussions with the City Attorney and the Department of Natural
Resources.. The Greens could then decide whether to proceed with the submittal of
a variance application.
The-work session adjourned at 9:40 p.m.
Submitted By:
Frank Dempsey
Associate Planner
November 13, 2001
Revised December 6, 2001
_ November 1, 2001
Dear Lakeville Planning Commission:
..Here we are again! It seems as though we must return annually to ask you to achieve a balance in the
clash between the Crystal Lake Golf Course (prosperity) and the Crystal-Lake homeowners (domestic
tranquility). Why must this keep happening?
We are a neighborhood of families who do not take for granted how fortunate we are to be able to choose
where we live. We chose a beautiful, quiet setting on what was "simply" a golf course. However, we
.have had to watch as the .City of Lakeville has allowed this golf course. to evolve into a golf
course/banquet facility seating nearly 200 indoors (not to mention the outdoor patio seating). We have
had to watch as beer and wine is served from the beverage cart driven adjacent to our backyards. We have
had to listen to outdoor patio parties and loud conversations late into the night as the. hours of operation
were extended: We have had to hold ourcollective breaths as large numbers of post-party patrons exit the
banquet facility via our neighborhood streets late at night. We have had to watch as a summer and early
fall business which operated during daylight hours. changed, to be able to operate year-round, 18 hours a
day. Certainly, this is not the same golf course we chose to live on!
And now, another request to amend the PUD yet again! This time it's hard alcohol to be served-in the
middle. of a residential neighborhood!. And after midnight hours of operation-in -the middle of a
residential neighborhood! More parties after midnight, moving out onto the patio-in the middle of a
residential neighborhood! As it is, many of us are awakened by the mowing on the golf course at 5:30
AM, 7 days a week, all summer long! Now we are being asked to put up with the added noise of parties
until 1:00 AM! That's only 4'/a hours ofpeace per night! Is that ensuring domestic tranquility?
We are thankful that there have been no major incidents resulting from the parties so far. That fact alone
should be the reason enough to maintain the status quo-not a justification to push the envelope yet
again! Will this repeated push to extend the hours and bring in hard alcohol stop only. when there are
major incidents? What recourse wilt we have then?
The fact that there are. not more people here tonight does not mean. that the majority of the homeowners
are in favor of the requests put forth by the golf course. Many we have spokenwith are very angry at the
timing of these requests, as well as at the nature of the requests themselves. At this time they are more
concerned with losing their jobs due to the recent terrorist attacks and are too preoccupied to fight yet
another battle with. the golf course. They feel, as we do, that we are not being heard; we are being
handled.
Please HEAR us-we, the homeowners and. citizens of Lakeville that you purport to serve. Please help to
ensure our domestic tranquility? Please do not amend the PUD and allow the golf course to offer a full-
service bar and do business in the middle of our residential neighborhood late into the night!
Sin erely,
~a~'~
~~ti~~~
Dave and Diana Simonpietri
-16851 Ironwood Circle
Lakeville, MN 55044
(952)432-2535 .