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HomeMy WebLinkAbout08-03-00 CITY OF LAKEVILLE Planning Commission Meeting Minutes AucusT 3, 2000 The August 3, 2000 Planning Commission meeting was called to order by Chair Drotning in the City Hall Council Chambers at 6:00 p.m. Roll call of members was taken: Present: Bellows, Kot, Skipton, Drotning, Comer, Wulff. Absent:. Rieb, Ex-officio Knutson. Staff Present: Robert Erickson, City Administrator; Daryl Morey, Acting Community and Economic Development Director; Frank Dempsey, Associate Planner; Tim Hanson, Assistant City Engineer; Andrea McDowell Poehler, Assistant City Attorney; and Donna Quintus, Recording Secretary. The July 20, 2000 Planning Commission meeting minutes were approved as presented. ITEM 4: Announcements: None ITEM 5. Public Hearin: Minnesota Valley Family Young Men's Christian Association (YMCA) Conditional Use Permit Amendment Chair Drotning opened the public hearing for consideration of the application of the Minnesota Valley Family YMCA for a Conditional Use Permit Amendment to allow the construction of three new detached accessory buildings on the YMCA property located at 11490 Klamath Trail. Assistant City Attorney Poehler attested that the legal notice had been mailed and published in accordance with state statutes. Dave Marshall, YMCA representative, presented the Minnesota Valley Family YMCA application for an amendment to a Conditional Use Permit (CUP) approved in 1979. Mr. Marshall indicated that due to the increasing enrollments of the YMCA Camp Streefland day camp, the YMCA is proposing to construct two new shelter/activity buildings and a maintenance shed on the YMCA site located at 11490 Klamath Trail. The property will continue its operation as a day camp/recreational facility for the YMCA. Mr. Marshall noted that Community and Economic Development Department staff is recommending that an existing private storage shed that encroaches over the westerly YMCA property line be moved and brought into compliance with setback requirements prior to the issuance of a building permit for any new accessory buildings on the YMCA property. Staff is also recommending a cash security to guarantee the relocation of the building. Mr. Marshall indicated that the subject shed belongs to Mr. Darrell Trenary whose property abuts the YMCA property and the YMCA has no control over. Mr. Trenary`s building or the authority to ensure the building's relocation. Planning Commission Meeting August 3, 2000 Page 2 Mr. Marshall also requested that staff's recommendation that an existing non- conforming storage building located in the northeast corner of the property be removed prior to the issuance of a building permit for the new storage building be modified. Mr. Marshall stated that they will need the existing building for storage until the new building is constructed. Associate Planner Frank Dempsey presented an overview of the details of the YMCA CUP Amendment application as outlined in the Planning Report. The YMCA was granted a CUP in 1979 to allow the development of a 30-acre site as a day camp and outdoor recreational facility. The subject property is located at the southwest corner of Kenwood Trail and Klamath Trail. An amendment to the original CUP was approved in 1994 to allow the construction of a 1,440 square foot accessory building which is used for storage and temporary shelter for program attendees. The 1994 CUP Amendment identified and corrected a number of non-conforming zoning. issues. Associate Planner Dempsey stated that the YMCA is proposing to construct a 40' x 60' (2,400 square feet) shelter near the center of the property for use as a shelter for campers during inclement weather. A 12' x 18' (216 square feet) storage building is proposed to replace an existing non-conforming shed. The new storage building is proposed to be located near the existing white barn located on the north end of the property. A future 40' x 40' (1,600 square feet) activity/ shelter building proposed. to be constructed within the next few years is included with this CUP amendment application. This second activity/ shelter building is proposed to be located on the west. side of the property near the end of the platted Kingswood Drive roadway. Associate Planner Dempsey stated that Community and Economic Development Department staff is recommending that the existing 165 square foot non-conforming storage building located in the northeast corner of the property be removed prior to the issuance of a building permit for the proposed. new storage building. Another existing non-conforming 150 square foot shed, located near Kingsley Lake, is within the 150-foot minimum setback area from the lake and will be removed prior to construction of the future 40' x 40' shelter building as a stipulation of the CUP amendment. Mr. Dempsey indicated that the survey identifies a small storage building encroaching onto the YMCA's west boundary line. The shed belongs to Darrell Trenary, the property owner located at 16512 Kingswood Drive. Community and Economic Development Department staff is recommending the relocation of this storage building to a location that is in compliance with setback requirements. Associate Planner Dempsey stated that should the Planning Commission recommend approval of the YMCA application for a CUP Amendment, Community and Economic Development Department staff recommends compliance .with the five stipulations listed in the July 7, 2000 Planning Report. Planning Commission Meeting August 3, 2000 Page 3 Chair Drotning opened discussion for public comment. Darrell G. Trenary,16512 Kingswood Drive, stated that he is the abutting property owner who owns the shed that encroaches onto the YMCA property. Mr. Trenary indicated that he has had conversations with YMCA personnel and they have stated they have no objection to the shed remaining at its present location. He stated that the shed was constructed by acontractor 10 years ago on a permanent concrete slab. The shed is not visible to surrounding properties nor does it interfere with any YMCA Camp Streefland activities. Mr. Trenary asked if there would be an alternative acceptable to the City that would allow the shed to remain at its current location.. Mr. Trenary indicated that in the past, the City allowed the encroachment of a tennis court onto the YMCA property and suggested that a similar agreement could be used with his shed. Gene Hildreth,16515 Kingswood Drive, expressed concern for the proposed location of the 40' x 40' structure proposed for future construction. Mr. Hildreth noted that the proposed location is at the end of Kingswood Drive on a high spot on the property which would make the building visible to the residential neighborhood. Walt Sternber~,16720 Klamath Trail, expressed his opposition to the proposal for the construction of any buildings on the former Christina Huddleston property. Mr. Sternberg stated his understanding that when the property was given to the YMCA by Ms. Huddleston an agreement between Ms. Huddleston and the YMCA required that. the property be preserved in its natural state. Mr. Sternberg stated his opinion that the construction of buildings on the property is prohibited by the agreement. Mr. Sternberg also expressed his frustration with the YMCA and his opinion that the YMCA has not been a good neighbor to the area residents. City Administrator Robert Erickson requested that the Planning Commission consider tabling action on the YMCA application for a CUP Amendment. This would allow City staff the opportunity to review and consult with the City's legal counsel to determine an acceptable mechanism that would resolve the location issue of Mr. Trenary's shed. The Planning Commission agreed to continue the public hearing and directed staff to review and recommend alternative ways to resolve the shed encroachment issue. They also directed the YMCA to consider an alternate location for the proposed future 40' x 40' building to reduce the visual impact of the building on the residential neighborhood. There were no further comments from the audience. 00.81 MoTioN by Wulff, Second by Skipton to table action the Young Meri s Christian Association (YMCA) Conditional Use Permit Amendment application and continue the public hearing to a future Planning Commission meeting to allow staff and the Planning Commission Meeting August 3, 2000 Page 4 applicant to address and recommend a solution to the identified building encroachment and building location issues. Ayes: Bellows, Kot, Skipton, Drotning, Comer, Wulff. Nays: 0. ITEM 6. Public Hearin :James McCabe S ecial Home Occu ation Permit~~~~~~° ~ P P Chair Drotning opened the public hearing for consideration of the application of James McCabe for a Special Home Occupation Permit to allow the operation of a photo studio in an RS-3, Single Family Residential District. Assistant City Attorney Poehler attested that the legal notice had been mailed and published in accordance with state statutes. James McCabe presented his application for a Special Home Occupation Permit for the purpose of operating a photo studio out of his single family home located at 9965 - 208~ Street West. Mr. McCabe indicated that the proposed home-based photography studio will be located in the family room of the home and will operate on an appointment only basis. Mr. McCabe described his. proposed photography studio operation as a small volume business and noted that he specializes in wedding photography which is typically done at the site of the event. However, he occasionally shoots engagement pictures in his home studio. His clients also view and select their final pictures at the residence. Associate Planner Frank Dempsey presented an overview of the Special. Home Occupation Permit application submitted by Mr. McCabe. The subject property is zoned RS-3, Single Family Residential District and photography studios require a Special Home Occupation Permit in compliance with the requirements of Chapter 32 of the Zoning Ordinance. No signage is being proposed and all customer parking can be accommodated in the driveway of the residence. Also, no exterior storage of equipment is proposed and their will be no external alterations of the home not normally found in single family residential neighborhoods. Associate Planner Dempsey stated that should the Planning Commission recommend approval of the Special Home Occupation Permit for James McCabe, Community and Economic Development Department staff recommends compliance with the ten stipulations listed in the July 28, 2000 Planning Report. The Commission noted and accepted from Leonard Kalakian, 20842 Jacquard Avenue, a memo dated April 20, 2000 and resubmitted via e-mail on July 28, 2000 to .the Planning Commission indicating his opposition to Mr. McCabe's request for a Special Home Occupation Permit. In his memo, Mr. Kalakian states his opinion that commercial enterprises intermixed in residential districts diminish the livability, including marketability, of homes in the immediate vicinity. There were no further comments from the public. Planning Commission Meeting August 3, 2000 Page 5 00.82 MOTION by Skipton, Second by Kot to close the public hearing at 6:45 p.m. Ayes:. Kot, Skipton, Drotning, Comer, Wulff, Bellows. Nays: 0. Commissioner Bellows asked if the applicant intends to perform any on-site photography outdoors. Mr. McCabe indicated he also plans to use existing landscaping in the back yard of the property to serve as a backdrop for outdoor portraits. Commissioner Wulff stated that staff recommended Stipulation No. 8 requires the applicant to be in compliance with Title 11-32-7 of the Zoning Ordinance which requires all home occupations to be conducted entirely within the living quarters of the principal dwelling. Commissioner Wulff indicated her interpretation that this requirement would prohibit Mr. McCabe from outdoor photography on his premises. The Commission concurred. Mr. McCabe indicated his agreement to restrict photo shoots to within his house. Chair Drotning noted that the memo from Leonard Kalakian suggests that the Special Home Occupation Permit requested by Mr. McCabe is a variance. Associate Planner Dempsey stated that this request is not a variance. Mr. Dempsey reiterated that the proposed photography studio home occupation requires a Special Home Occupation Permit. 00.83 MOTION by Skipton, Second by Wulff to recommend to the City Council approval of the Special Home Occupation Permit for Mr. James McCabe to allow the operation of a photography studio in a single family residence located at 9965 - 208 Street West, legally described as Lot 2, Block 1, The Meadows, subject to the ten stipulations listed in the July 28, 2000 Planning Report and approval of the Findings of Fact dated August 3, 2000. Ayes: Skipton, Drotning, Comer, Wulff, Bellows, Kot. Nays: 0. Chair Drotning called for aten-minute break. The August 3, 2000.Planning Commission meeting was reconvened at 7:15 p.m. c ITEM 7. Public Hearin: Independent School District 194 Conditional. Use Permit Amendment `sj Chair Drotning opened the public hearing for consideration of the Conditional Use Permit (CUP) Amendment application of Independent School District 194 to allow an expansion of office and classroom space in a CBD-C, Central Business District- Commercial zoning district. Assistant City Attorney Poehler attested that the legal notice had been mailed and published in accordance with state statutes. Planning Commission Meeting August 3, 2000 Page 6 Commissioner Kot noted that because she is an employee of ISD 194 she excused herself from discussion and voting on the ISD 194 Conditional Use Permit Amendment application. Mr. Pete Martin, Independent School District (ISD)194 Community School Coordinator, presented a request from ISD 194 for a CUP Amendment to allow an expansion of the school district's use in the Holyoke Professional Building located at 8755 Upper 208 Street West. Mr. Martin stated that the ISD 194 Community Education Department has used one-half of this building (5,289 square. feet) for the past five years for administrative offices and an adult education program. They are now .proposing to expand into the other half of thebuilding for an additional 5,289 square feet of space. The entire building is proposed to be used for ISD 194 Early Childhood Family Education classes and their Small Wonders Preschool program. .Associate Planner Frank Dempsey indicated that a CUP was approved in 1995 that allowed the school to occupy half of the subject building for use as office space and for adult education classes. ISD 194 is proposing to expand into the area of the building that was recently vacated by New Horizon Day. Care. The hours of operation are 8:00 a.m. to 4:30 p.m. with some evening hours anticipated. The site provides. a total of 52 off-street parking spaces which exceeds the 32 parking spaces required by the. Zoning Ordinance. Associate Planner Dempsey noted that the garbage dumpster enclosure on the property is deteriorated and does not meet Zoning Ordinance requirements. Community and Economic Development Department staff is recommending that a stipulation for approval of the CUP amendment require the trash enclosure be reconstructed to meet Zoning Ordinance requirements. Mr. Dempsey stated that should the Planning Commission recommend approval of the CUP Amendment application for ISD 194, Community and Economic Development Department staff recommends compliance with the four stipulations listed in the July 7, 2000 Planning Report. There were no comments from the audience. 00.84 MOTION by Bellows, Second by Comer to close the public hearing at 7:20 p.m. Ayes: Drotning, Comer, Wulff, Bellows, Skipton. Nays: 0. _ Abstain: Kot. 00.85 MoTioN by Wulff, Second by Skipton to recommend to the City. Council approval of the application of Independent School District No. 194 for a Conditional Use Permit Amendment to allow the expansion of office and classroom space in the Holyoke Professional Building located at 8755 Upper 208 Street West in the CBD-C, Central. Planning Commission Meeting August 3, 2000 Page 7 Business District-Commercial District, subject to the four stipulations listed in the July 7, 2000 Planning Report and approval of the Findings of Fact dated August 3, 2000. Ayes: Comer, Wulff, Bellows, Skipton, Drotning. Nays: 0. Abstain: Kot. Commissioner Kot returned to her seat on the dais. ITEM 8. Public Hearin: Goose Lake First Addition Preliminary and Final Plat Chair Drotning opened the public hearing for consideration of the application of Robert and Doretta Larson for the preliminary and final plat of Goose Lake First Addition. Assistant City Attorney Poehler attested that the legal notice had been mailed and published in accordance with state statutes. Grant Jacobson, surveyor and representative for property owners Robert and Doretta Larson, presented an application for the Goose Lake First Addition preliminary and final plat. Mr. Jacobson stated that Mr. and Mrs. Larson are. proposing to divide their 2.75-acre parcel into. two single family residential lots and one outlot. The existing single family home, owned and currently occupied by the Larsons, will remain in its present location which is identified as Lot 2, Block 1 on the Goose Lake First Addition preliminary and final plat. Acting Community and Economic Development Director Daryl Morey presented an overview of the Goose Lake First Addition preliminary and final plat. The subject site is currently identified as Outlot B, Liberty Heights. The proposed subdivision consists of two single family lots and one outlot on 2.75 acres of land located north and west of Judicial Road. Mr. Morey indicated that. proposed Outlot A, located in the northwest corner of the plat, is a wetland and will be deeded to the City with the final plat. Mr. Morey stated that, in conjunction with the preliminary and final plat, the Larsons are also requesting an Administrative Subdivision to split off atriangular-shaped portion of their property and combine it with an adjoining parcel legally described as Lots 1 and 2, Block 1, Liberty Heights. This triangular portion of property is not included in the Goose Lake First Addition preliminary and final plat. This land subdivision and combination allows the existing house on the neighbor property to meet side yard setback requirements. As a condition of the administrative subdivision/combination, the adjacent property owner will be required to dedicate a 33-foot wide drainage, utility and roadway easement across Lots 1 and 2, Block 1, Liberty Heights consistent with the Judicial Road dedication to the north. James L. Olson, 16823 Judicial Road, expressed concern for the proposed location of the driveway access to Judicial Road for Lot 1. Mr. Olson indicated that the proposed access appears to be located on a dangerous curve. Planning Commission Meeting August 3, 2000 Page 8 Assistant City Engineer Tim Hanson noted that both of the lots in Goose Lake First Addition access onto Judicial Road. The driveway on the newly created Lot 1, Block 1, Goose Lake First Addition is proposed to be located on the south side of the subdivision at or near the top of the crest of the hill on Judicial Road. Sight lines and distances are not perfect, but are adequate. There were no further comments from the audience. 00.86 Mo'rioly by Kot, Second by Bellows to close the public hearing at 7:35 p.m. Ayes: Comer, Wulff; Bellows, Kot, Skipton, Drotning. Nays: 0. Commissioner Skipton requested clarification regarding the existing shared driveway and status of the staff recommendation for paving of the gravel portion of the Larson driveway. Mr. Jacobson noted that the Larsons share their existing driveway access to Judicial Road with the adjacent property owner to the east. There is an existing private .driveway easement that covers this shared access. The staff recommended requirement for the gravel portion of the Larson driveway to be paved has already been completed by the Larsons. Commissioner Skipton asked about water and sewer service to proposed Lot 2 of the plat. Mr. Jacobson stated that the Larsons have connected their existing house to City sewer and water by extending lines from Judicial Road to the south across proposed Lot 1 to their house. Mr. Jacobson indicated that a private easement will be placed across Lot 1 in favor of Lot 2 for the existing sanitary sewer and water service connections. Commissioner Skipton stated his concern that the gravel portion of the shared driveway not included in the Goose Lake First Addition plat is not being required to be paved. He recommended to City staff that a stipulation for the Administrative Subdivision require paving of the remaining shared driveway to Judicial Road. The Planning Commission recommended an additional stipulation for the approval of the Goose Lake First Addition preliminary .and final plat to read as follows: Stipulation No. 6: "A new shared private driveway access agreement shall be recorded between the Larsons and Hydymas covering the entire existing shared driveway. The existing shared driveway access agreement shall be extinguished." 00.88 MOTION by Kot, Second by Skipton to recommend to the City Council approval of . the Goose Lake First Addition preliminary and final plat subject to the five stipulations listed in the July 28, 2000 Planning Report and the addition of Stipulation No. 6 as stated above. Planning Commission Meeting August 3, 2000 Page 9 Ayes: Bellows, Kot, Skipton, Drotning, Comer, Wulff. Nays: 0. City Administrator Robert Erickson stated that the new Community and Economic Development Director Arlyn trussing will begin his .employment with the City on Monday, August 7, 2000. Mr. Erickson thanked Daryl Morey for serving as the Acting Community and Economic Development Director for the past six months and acknowledged Mr. Morey's knowledge, direction and hard work on the new Zoning Ordinance as playing an important role in the future, of Lakeville. Chair Drotning and the Planning Commission extended their thanks to Daryl and indicated his leadership has been deeply appreciated. There being no further business, the meeting was adjourned 8:10 p.m. Res ctfully sub d, Donna Quintus, ording Secretary ATTE T: Karl Drotning, Chair