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HomeMy WebLinkAbout01-20-00 CITY OF LAKEVILLE Planning Commission Meeting Minutes JANUARY 20, 2000 The January 20, 2000 Planning Commission meeting was called to order by Chair Drotning in the City Hall Council Chambers at 6:00 p.m. Roii call of members was taken: Present: Bellows, Kot, Skipton, Drotning, Comer, Wulff, Ex-Officio Commission Member Knutson. Absent: Rieb. Staff Present: Michael Sobota, Community and Economic Development Director; Andrea McDowell Poehler, Assistant City Attorney; and Donna Quintus, Recording Secretary. The minutes of the January 6, 2000 Planning Commission Meeting were approved as presented. ITEM 5: Public Hearing: All Saints Catholic Church of Lakeville Easement Vacation Chair Drotning opened the public hearing for consideration of the application of All Saints . Catholic Church for the vacation of public drainage and utility easements in the All Saints Catholic Church plat. Assistant City Attorney Poehler attested that the legal notice had been duly published in accordance with state statutes. Community and Economic Development Director Michael Sobota presented the application for the vacation of all public drainage and utility easements located within the All Saints Catholic Church plat. Mr. Sobota noted that the Planning Commission reviewed and recommended approval of the All Saints Catholic Church 2"d Addition final plat and conditional use permit (CUP) amendment at their January 6, 2000 Planning Commission meeting. Consistent with past practice and in conjunction with the All Saints Catholic Church 2"d Addition final plat and CUP amendment, All Saints Church of Lakeville representatives are requesting the vacation of the public drainage and utility easements located within the existing All Saints Catholic Church plat. Sobota noted that the drainage and utility easements are being re-dedicated on the final plat. Because proposed Outlot A, All Saints Catholic Church 2"d Addition is proposed to be deeded` to the City, the developer will not be required to re-dedicate the public drainage and utility easements over this outlot. Sobota stated that should the Planning Commission recommend to City Council approval of the drainage and utility easement vacation request, Community and Economic Development Department staff recommends that this easement vacation request be subject to the recording of the final plat of All Saints Catholic Church. 2nd Addition. There were no comments from the audience. Planning Commission Meeting Minutes January 20, 2000 Page 2 0.14 MOTION by Wulff Second by Kot to close the public hearing at 6:05 p.m. Ayes: Bellows, Kot, Skipton, Drotning, Comer, Wulff Nays: 0. 00.15 MOTION by Bellows, Second by Comer to recommend to City Council approval of the vacation of public drainage and utility easements in the All Saints Catholic Church plat subject to the recording of the final plat of All Saints Catholic Church 2"d Addition. Ayes: Kot, Skipton, Drotning, Comer, Wulff, Bellows. Nays: 0. - ITEM 6: Public Hearing: Jean Knox: Special Home Occupation Permit (/fop d®-e3~ Chair Drotning opened the public hearing for consideration of the application of Ms. Jean Knox to allow the operation of a massage therapy business in a single family residence. Assistant City Attorney Poehler attested that the legal notice had been duly published and mailed in accordance with state statutes. Ms. Jean Knox, 8491 - 172"d Street West, presented her application for a Special Home Occupation Permit for the purpose of operating a massage therapy business from her home. Ms. Knox indicated that she is currently licensed by the City of Lakeville as a massage therapist for a local chiropractor. Ms. Knox stated that she holds a bachelor's degree in biology and has been trained in massage therapy at Sister Rosalind's. Ms. Knox stated her intent is to perform rehab work and take referrals from doctors, chiropractors and dentists. She also indicated that she anticipates she will operate the home occupation for one to two years or until she finds suitable space in an established business district. Community and Economic Development Director Michael Sobota presented the staff report. Mr. Sobota indicated that Ms. Knox is proposing to operate the massage therapy operation out of her single family residence located at 8491 - 172"d Street West, legally described as Lot 1, Block 1, Woodbury First Addition. The subject property is zoned R-2, Single Family Residential District. A massage therapy home occupation is classified as a Special Home Occupation requiring a public hearing with a permit issued for a period of one year, after which the permit may be re-issued for periods of up to three (3) years. Mr. Sobota noted that City Code 3-16-1 requires persons who administer massages be licensed to do so in the City of Lakeville. A background check conducted by the Lakeville Police Department confirms that Ms. Knox has the appropriate training and is certified by the American Massage Therapy Association. Ms. Knox was issued a license to administer massages at the medical office where she currently practices massage therapy. A separate license is required for Ms. Meyer to practice massage therapy in her home. • Mr. Sobota noted that Ms. Knox has indicated the hours of operation as 9:00 a.m. to 4:00 p.m. Monday, Thursday and Friday and will serve not more than one client at a time by appointment only. Signage is not proposed as a part of this application. Planning Commission Meeting Minutes January 20, 2000 Page 3 Mr. Sobota indicated that the City's Building. Official had not yet had the opportunity to inspect Ms. Knox's home to ensure that all building code issues have been addressed. Staff is recommending an additional stipulation for approval of the requested Special Home Occupation permit to read as follows: "The Building Official shall inspect the subject property to ensure compliance with building code requirements prior to City Council action. " Community and Economic Development Director Sobota stated that should the Planning Commission recommend to City Council approval of the Special Home Occupation Permit for Jean Knox, Community and Economic Development Department staff recommends compliance with the nine (9) stipulations as listed in the December 30, 1999 Planning Report with the addition of staff recommended Stipulation No. 10 as discussed. Chair Drotning opened the hearing to public for comment. Kevin Smith, 8351 - 172"d Street West, indicated that Ms. Knox's residence is located on the northeast corner of Highview Avenue and 172"d Street. West which is a busy intersection. Mr. Smith stated that he was aware of other residents of this neighborhood who have or are considering the establishment of home businesses such as a tax office, a wood shop, and a cake baking/catering business. Mr. Smith expressed his opinion that home occupations should be restricted to rural. areas where traffic is not an issue. Community and Economic Development Director Sobota stated that home occupations are a permitted use in all residential districts. In the case of most home occupations there is clearly no evidence of any business activity from the neighboring residences. Other home occupations such as massage therapy, hair salons, photography studios, etc. require a Special Home Occupation permit wherein the zoning ordinance imposes restrictions and limits on hours of operation, customer off-street parking, signage, outdoor storage, employees, etc. The Special Home Occupation permit expires one year from date of approval which allows the City and neighborhood the opportunity to review the activities at the residence within that time frame. At that time, athree-year permit extension can be granted or denied. Mr. Sobota indicated that because. Highview Avenue is a minor arterial roadway and 172"d Street functions as a neighborhood collector roadway and the Special Home Occupation permit limits Ms. Knox to only one customer at a time, by appointment only, there will be no significant impact on traffic. Chair Drotning asked staff if there have been any complaints regarding any past or recently approved special. home occupation permits. Staff responded they are .unaware of any complaints to date. Commissioner Wulff noted she was aware of home occupations currently active in her neighborhood and there have been no problems. Chair Drotning stated that perhaps the most visible home occupations would be child care for up to 12 children and the City has no jurisdiction or authority for review over daycare operations within private residences with less than 12 children. These operations are governed, • reviewed and inspected by county and state representatives. Planning Commission Meeting Minutes January 20, 2000 Page 4 Mr. Smith. stated that Ms. Knox and staff had addressed his concerns and that he had no objections to the requested special home occupation permit and that he was happy that he would have the opportunity to address the special home occupation permit when it is considered for renewal in one year. There were no further comments from the audience. 00.16 MoTiow by Wulff, Second by Comer to close the public hearing at 6:30 p.m. Ayes: Skipton, Drotning, Comer, Wulff, Bellows, Kot. Nays: 0. The Commission agreed to staff's recommendation. to add Stipulation No. 10 regarding building code compliance. 00.17 MOTION by Wulff, Second by Kot to recommend to City Council approval of the Special Home Occupation Permit for Ms. Jean Knox to allow the operation of a massage therapy business in her single family residence located at 8491 - 172"d Street West, legally described as Lot 1, Block 1, Woodbury First Addition, subject to the nine (9) stipulations recommended by staff as listed in the January 14, 2000 Planning Report with the addition of Stipulation No. 10 as discussed and approval of the Findings of Fact dated January 20, 2000. Ayes: Drotning, Comer, Wulff, Bellows, Kot, Skipton. Nays: 0, ITEM 7A: Video Presentation: Marilou E. Thibault, Unparalleled Communications City of Lakeville Communication Specialist Lea Guenther presented a brief video where Ms. Marilou Thibault, Unparalleled Communications, introduces herself to the Commission. In the video Ms. Thibault briefly describes the program that she will provide at the Planning. Commission's special meeting scheduled for Thursday, February 10, 2000 at 5:00 p.m. The City has contracted with Ms. Thibault to lead the Planning Commission in communications coaching prior to airing Planning Commission meetings on the City's cable television channel 16. There being no further business, the meeting was adjourned 6:50 p.m. Respectfully submitted, onna Quintus,. R ording Secretary ATTEST: • Karl Drotning, Chair