HomeMy WebLinkAbout09-07-00 CITY OF LAKEVILLE
Planning Commission Meeting Minutes
• SEPTEMBER 7, 2000
The September 7, 2000 Planning Commission meeting was called o order by Chair
Drotning in the City Hall Council Chambers at 6:00 p.m.
Roll .call of members was taken:
Present: Bellows, Kot, Drotning, Rieb, Comer, Wulff.
Absent: Skipton.
Staff Present:. Arlyn trussing,. Director of Community and Economic ;
Development; Daryl Morey, City .Planner; Frank Dempsey, Associate. Planner;
Andrea McDowell. Poehler, Assistant City Attorney; and Donna Quintus,
Recording Secretary.
The .August 17, 2000 Planning Commission meeting minutes were .approved as
presented.
ITEM 5. Public Hearin: Country Joe, Inc. Roadway Easement Vacation
Chair Drotning opened the public hearing for consideration of the application of
Country Joe, .Inc. for the vacation of a portion of a public roadway .easement located
in the. Hawthorne Heights plat.. Assistant City Attorney Poehler attested that the
legal notice had been mailed and published in accordance with Minnesota State
Statutes.
City Planner Daryl Morey presented an application for the vacation of a portion of
existing Hghview Avenue roadway easement .located within the Hawthorne
Heights preliminary and .final plat. The proposed vacation is for the unused
roadway easement that extends straight .north to 160 Street. Approval of the
proposed roadway vacation would allow Country Joe, Inc. to final plat and develop:
Lots 2-7, Block 2, Hawthorne Heights. City Planner Daryl Morey indicated that the
portion of roadway easement proposed to be vacated does not include any portion
of the existing Highview Avenue street surface which jogs to the west to intersect
.with 160 Street.
Mr. Morey stated that should the Planning Commission recommend approval of
this easement vacation request, Community and Economic Development
Department staff recommends approval of the Highview Avenue roadway
easement vacation as shown on Exhibit A .attached to the August 31, 2000 Planning
Report.
There were no comments from thepublic.
00.102 MoTioN by Kot, Second by Rieb to close the public hearing at 6:05 p.m.
Ayes: Bellows, Kot, Drotning, Rieb, Comer, Wulff.
Nays: 0.
Planning Commission Meeting
September 7, 2000
Page 2
00,103 MoTioN by Wulff, Second by Comer to recommend to the City Council approval of
the application of Country Joe, Inc. for the vacation of a portion of Highview
.Avenue public roadway. easement located within the Hawthorne Heights
preliminary.. and final plat boundaries as requested.
Ayes: Kot, Drotning, Rieb, Comer, Wulff, Bellows.
Nays: 0.
e~P
ITEM[ 6. PublcHearin~: Craig Manson Conditional Use Permit
Chair Drotning opened the public hearing for consideration of the Conditional Use
Permit (CUP) application of Craig Manson to allow .the expansion of an existing
non-conforming single family dwelling in the Shoreland Overlay District of Lake
Marion. Assistant City Attorney Poehler .attested that the legal. notice had been
mailed and published in accordance with Minnesota State Statutes.
Craig Manson, 19839 Jersey Avenue, presented his .application for a CUP to allow
the construction of a second story addition and the replacement of his existing.. deck
onto. his existing single family home which is located in the Shoreland Overlay
District of Lake Marion. Mr. Manson stated that after meeting with the Planning
• Commission at an informal work session on August 3, 2000, he .amended. his
original plan as recommended at that meeting.. He presented his survey and
construction plans for a second floor addition. onto his existing single story house
and the. replacement of an existing deteriorating deck on the lake side of .the house.
Mr. Manson indicated that the deck replacement plan has been .revised from the
original concept by reducing the deck width by 2.5 feet. and relocating the stairway
to run along the wall of .the house.
Mr. Manson stated that in developing the revised plans,. he discovered that an
existing chimney located in the area adjacent to the. proposed stairway:. location
protruded into the deck area and is not shown on the .site plan. He requested.
Planning .Commission consideration to .allow. him to retain a 4' x 4' deck section
opposite the chimney to allow for better maneuverability at the top of the stairway
area. Mr. Manson stated that he had been out of town and did not have an
opportunity to discuss this specific request with Community and Economic
Development Department staff.
Associate Planner Frank Dempsey presented an overview of the CUP application of
Craig Manson as detailed in the August 30, 2000 Planning Report . Mr. Manson s
home at 19839 Jersey Avenue was constructed in 1977 and is located in the
Lenihari s Lots, Antler's .Park subdivision .which was platted- in 1908. The subject
property is zoned RS-2, Single Family. Residential .District and is located within the
• Shoreland Overlay District of Lake Marion. The Zoning ..Ordinance allows
Planning Commission Meeting
September 7, 2000
Page 3
additions and/ or expansions to existing non-conforming single family structures in
the Shoreland Overlay District by' CUP.
Mr. Dempsey indicated that the survey submitted .with the CUP application
identified three non-conformities. of the subject property: 1}the existing house does
not meet the :required ten-foot side yard setback to the south property .line; 2) the
house 'does not meet the required 75-foot setback to the Lake Marion Ordinary
.High Water Level (OHWL); and 3) the existing driveway does. not meet the
minimum five-foot property line setback.
Mr. Dempsey stated that the site plan and building plan proposes that the existing
deck will be reduced in width by 2.5 feet to reduce the non-conforming setback to
the OHWL and the stairway will be replaced and relocated to within the averaged
setback line between the two adjacent homes. The revised plans, as submitted,
indicate a reduction in the width of .the deck and the relocation of :the stairway;
however, a 4' x 4' area of the: deck is proposed to be expanded to the south and not
within the minimum. setback requirements, which would increase ..the non-
conforming deck. setback.
Associate Planner Dempsey. stated that should the Planning Commission
recommend approval of the CUP. for Craig Manson, Community .and Economic
Development Department staff recommend compliance with. the four stipulations
as listed in the August 30, 2000 Planning Report..
There were no comments from the public.
00.104 MoTioN by Bellows, Second by Rieb. to close the public hearing at 6:20 p.m.
Ayes: Drotning, Rieb, Comer, Wulff, Bellows, Kota
Nays: 0.
Commissioner Rieb asked for clarification of the location of the existing chimney
and the area that Mr. Manson is requesting the 4' x 4' deck expansion. Mr. Manson
responded and indicated that his request for this additional deck area is based on
his concern for the functionality of the stairway. He indicated that a significant
portion of .the existing deck is being removed and that although the .request to
construct the 4' x 4' deck in the area of the chimney is an expansion of the non-
conforming deck, there is still an overall net reduction of the deck non-conformity.
After further discussion, it was the consensus of the Commission members that the
role of the Planning Commission is to review all CUPs for consistency with.Zoning
Ordinance requirements and to reduce non-conformities to the greatest extent
• possible.
Planning Commission Meeting
September 7, 2000
Page 4
00.105~tMoTtoN by Rieb, Second by Wulff. to recommend to City Council approval of the
(q)application of Craig Manson for a Conditional Use Permit to allow the expansion of
an existing non-conforming single family dwelling located at 19839 Jersey Avenue
in the RS-2, Single Family Residential District and the Shoreland Overlay District of
Lake Marion subject to the four stipulations as listed in the August 30, :2000
Planning Report and approval of the Findings of Fact dated September 7, .2000.
Ayes: Rieb,. Comer, Wulff, Bellows, Kot, Drotning.
Nays: 0. c „p
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ITEM 7. Public Hearin: Alden and Lynette Miles Conditional Use Permit:
Chair Drotning opened the public hearing for consideration of the Conditional. Use
Permit (CUP) application of Alden and Lynette Miles to allow the expansion of an
.existing non-conforming single family dwelling. within the Shoreland .Overlay
District of Orchard Lake. Assistant City Attorney Poehler attested that the legal
notice had been mailed and published in accordance with Minnesota State Statutes:..
Alden.. Miles,12226 -168 Street West, presented his application for a CUP to allow
the construction of a master bedroom addition and deck stairway onto. their
existing non-conforming single family home which is located in the Shoreland
Overlay ..District of Orchard Lake. Mr. Miles stated that after meeting with the
Planning. Commission at an informal work session on August 3, 2000, he amended
his original plan as recommended at that meeting. Mr. Miles indicated that he is
proposing to construct a 23' x 6' addition onto the southwest corner of the existing
house and add a stairway from his existing deck for access to the ground level. The
deck .and stairway design .has been modified to eliminate additional building
encroachment into the Shore Impact Zone.
Associate Planner Frank Dempsey presented an overview of the CUP application of
Alden and Lynette Miles as detailed in the August 31, 2000 Planning Report. Mr.
and Mrs. Miles' home at 12226 - 168 Street West was constructed in 1977 and is
located in the Weisner's Lake Addition subdivision which was platted in 1973. The
subject property is zoned RS-1, Single Family Residential District and is located
within the Shoreland Overlay District of Orchard Lake. The Zoning Ordinance
allows additions and/ or expansions to existing non-conforming single family
structures in the Shoreland Overlay District by CUP.
Mr. Dempsey indicated that the survey submitted with the CUP .application..
identified three non-conformities of the subject property: 1) the lot does not meet
the minimum lot. area of 20,000 square feet for the RS-1 District;: 2) he existing
.house and deck do not meet the required front yard and Ordinary.. High. Water
Lever (OHWL) setbacks; and 3) part of the house and driveway are located within
• the Shore Impact Zone.
Planning Conunission Meeting
September 7 2000
Page 5
Associate Planner Dempsey stated that the original deck and stairway design
included a 20 square foot landing addition that would. have increased the amount
of structure located within the Shore Impact Zone and would require a variance.
Mr. & Mrs. Miles have modified the stairway design to eliminate the landing and
direct the stairway away from Orchard Lake. The elimination of the landing: and
re-directing of the: stairway- does not intensify the non-conformity of the deck and
removes the needfor a variance.
There were no comments from the public.
00.10f~d)MoTioN by Comer, Second by Rieb to close the public hearing at 6:40 p.m.
Ayes: Corner, Wulff, Bellows, Kot, Drotning, Rieb.
Nays: 0.
Commissioner Wulff noted that at the August 3, 2000 Planning Commission Work
Session staff was directed to contact the Minnesota Department of Natural
Resources (DNR) regarding preference for pervious or impervious surface for. lake
..access driveways. Associate Planner Dempsey indicated that the DNR informed
City staff Ghat all lots abutting lakes are permitted lake :access and that they may use
either pervious or impervious surfaces. Mr. Dempsey indicated that the ultimate
impervious surface for the .Miles single family lot, including the proposed addition
and existing impervious driveway and lake access surfaces, totals 24%. The
maximum allowable impervious surface area for a single family lot in the
Shoreland Overlay bistrict is 25%.
00.105~NIoTioN by Comer, Second by Kot to recommend to City Council approval of the
application of Alden and :Lynette Miles for a Conditional Use Permit to allow the
.expansion of an existing non-conforming single family dwelling located at 12226 -
168 Street in the RS-1, .Single Family Residential .District and the Shoreland
Overlay District of .Orchard Lake. subject to the' three stipulations as listed in the
August 31, 2000 Planning Report and approval of the Findings of Fact dated
September 7, 2000.
Ayes: Wulff, Bellows, Kot, Drotning, Rieb, Comer.
Nays: 0. cavn~ers-Va.r G~ce
ITEM 8. Public Hearin: First Residential Homes -Easement Vacation °p
Kim and Craig.Counters -Variance
Chair Drotning .opened the public hearing for consideration of the application of
Andy Chase of First Residential Homes for the vacation of a portion of an existing
drainage and utility easement in the Stonebriar 2nd Addition residential
. development and the application of Kim and Craig Counters for a variance to
building setback requirements in the RS-3, Single Family. Residential District.
Planning Commission Meeting
September 7, 2000
Page 6
•
Assistant .City Attorney Poehler attested that the legal notice had-been mailed. and
published in accordance with Minnesota State Statutes.
Craig Counters, 17150 Jackson Trail, presented an application for the vacation of a
portion of an existing boundary drainage and utility easement located on Lot 3,
Block 7, Stonebriar 2nd Addition. In conjunction with the easement vacation
application, Mr. Counters presented an applicationfor a building setback variance
for. his existing house located at 17150 Jackson Trail on Lot 3, Block 7, Stonebriar 2nd
Addition.
City Planner Daryl Morey indicated that Mr. & Mrs. Counters' house is located on
Lot 3, Block 7, Stonebriar 2nd Addition. and was constructed in 1996. A survey for
said Lot. 3 was submitted by Pietsch Builders with.. the building permit` and
identified a 10-foot north side yard setback .which was in compliance with the
Zoning Ordinance setback requirements in effect in 1996 for the R-2 District. When
Andy Chase of First Residential Homes .submitted a Certificate o€ Survey for a new
house to be constructed on adjacent Lot.4, Block 7, Stonebriar 2nd Addition, a north
side yard setback of less than three feet was identified for the Counters' existing
house. Apparently the north property line for Lot 3 was incorrectly staked when
.the Counters' house was constructed.
City Planner Morey stated that all involved parties have worked together and have
reached an agreement to resolve the setback issue.. Andy Chase of First Residential
Homes has offered to sell. the. southerly five feet of Lot 4 to Pietsch Builders wha
will, in turn, deed this strip of land to the Counters for combination with Lot 3.
This will increase the north side yard setbackfor the Counters' house from 2.22 feet
to 7.22 .feet. The Counters' house meets all other building setback requirements.
The resulting minimum lot area and width requirements for the RS-3 District will
be met for both lots following the proposed lot split,`:
City .Planner Morey indicated that following the lot split/combination, the north
side yard building setback for Lot 3 will be 7.22 feet. Therefore, a .2.78-foot variance
to setback requirements is required, a significant reduction of the existing non-
conforming building setback for Lot 3.
City Planner .Daryl Morey stated that the easement vacation, variance and
administrative subdivision/combination, is being. processed simultaneously.
Should the Planning Commission approve the easement vacation and variance
applications of Andy Chase of First Residential Homes and Kim and Craig
Counters, Community. and Economic Development Department staff recommends
approval subjectto the September 1, 2000 Planning Report.
• There were no comments from the public.
:Planning Commission Meeting.
September 7, 2000
.Page 7
00.106(~)MoTroN by Wulff, Second by Bellows to close the public hearing at 6:55 p.m.
Ayes: Bellows, Kot, Drotning, Rieb, Comer, Wulff.
Nays:. 0.
Commissioner Wulff expressed her appreciation for the cooperative effort between
all parties involved in this issue and offered .congratulations on a .workable
solution. However, Commissioner Wulff requested a stipulation. of the variance
that it is only for the existing structure. and that any future expansion or accessory
structures would have to meet Zoning Ordinance setback requirements.
The Planning Commission agreed to add a stipulation to read as follows:
Stipulation No. 1: "This variance shall apply to the existing house setback only. As such,
if the house is damaged it can be rebuilt at the existing setbacks. approved with this variance.
Any additions to the existing house must meet current setback requirements."
00.107 MoTioN by Wulff, Second by Comer to recommend to the City. Council. approval. of
the vacation of a portion of a public drainage. and .utility easements and. a side yard.
.building setback variance for Lot 3, Block 7, Stonebriar 2nd Addition. subject to the
processing of an administrative subdivision/combination to split off the southerly
five feet of Lot 4 and attach it to Lot 3 and the dedication of a 5-foot wide drainage.
and..utility easement on the. north side of the new shared lot line and subject to
Stipulation No. 1 as listed above and approval of the Findings of Fact dated
September 7, 2000.
Ayes. Kot, Drotning, Rieb, Comer,. Wulff, Bellows.
Nays:. 0.
ITEM. 9. Public Hearin: All Saints Catholic Church Conditional Use Permit ~
Amendment
Chair Drotning opened the public hearing for consideration of the .application of
All Saints Catholic Church for an amendment to Conditional Use Permit No. 95-18
to allow the construction of a detached. garage/storage building on the All Saints
Catholic .Church property located in the RM-1, Medium Density Residential
District. Assistant City Attorney Poehler attested that the legal notices had been
mailed and published in accordance with Minnesota State Statutes.
City Planner Daryl Morey noted that a representative of All Saints Catholic Church
had not yet arrived for the presentation of their Conditional Use Permit
Amendment request..
•
Planning Commission Meeting
September 7, 2000
Page 8
00.108. MoTioN by Kot, Second by Wulff to continue the public hearing until later this
evening to allow for the arrival of the applicant for discussion of the All Saints
Catholic Church Conditional Use Permit Amendment.
Ayes: Drotning, Rieb, Comer, Wulff, Bellows, Kot.
Nays: 0,
c ~,~o
ITEM 10. Public Hearin: .Charter Communication Conditional Use Permit a~0`
Amendment.
Chair .Drotning. opened the public hearing for consideration of the application of
Charter Communications for an amendment to Conditional Use Permit No. 99-06
allowing open .and .outdoor storage on property located in the C-3, General
Commercial District. Assistant City Attorney Poehler attested that, the legal notice
had been mailed and published in accordance with Minnesota State Statutes..
Darin Helgeson, Technical Manager for Charter Communications, presented plans
and drawings for a proposed expansion to the Charter Communications office
building and a revised site plan for the outside storage of satellite dishes at 16900
Cedar Avenue.. Mr. Helgeson noted that he had met informally with the Planning
.Commission at a work session on Thursday, August 3, 2000 to discuss the .issues
• regarding the proposed CUP Amendment. At that time, the Planning Commission
indicated their consensus that the proposed CUP Amendment .represented an
opportunity to reduce the .non-conforming status of the existing outdoor storage
area and encouraged Charter Communications to proceed with their plans and
submit them for formal review.
Mr. Helgeson stated that Charter Communications is proposing to construct a 7,600
square foot. expansion onto their existing 11,042 square foot office building for use
as additional office, technical electronic equipment, and warehousing. space. .The
.exterior of the entire addition will be brick to match the existing building with an
upper 2-1/2-foot strip of EIFS .(artificial stucco] between the brick and roof. The
existing walls will be treated with the stucco trim to match the new addition.
Additional parking is also being constructed. to the east of the building increasing
the on-site parking spaces from 32 to 64. A total. of 63 parking spaces are required
by the Zoning Ordinance.
In addition, Charter Communications is proposing to remove eight of their existing
outdoor satellite dishes and. replace them with one simulsat .satellite dish which
..measures approximately 27.7 feet wide and 20 feet high. Three of the existing
satellite dishes will remain on the site. Mr. Helgeson indicated that by lowering the
grade ofthe proposed simulsat satellite dish location, the maximum 15-foot height
for the C-3, General Commercial District for the new satellite. dish can be met.
Planning Commission Meeting
September 7, 2000
Page 9
Associate Planner Dempsey presented the details of the CUP Amendment
application of Charter Communications.. as outlined in the September 1, 2000
Planning. Report. The subject property is located. in the.. C-3, General.: Commercial
District (formerly zoned B-4). The proposed CUP amendment would allow Charter
Communications to replace eight of their 11 existing satellite dishes with a single
larger satellite dish measuring 20 feet in height and more than two meters. in
diameter in the existing outside storage .area located east of the existing and
proposed building addition. Community and Economic Development Department
staff is proposing that the height of the simulsat satellite antenna meet the Zoning
Ordinance. maximum 15-foot height restriction as a condition of the ..CUP
Amendment.
Associate Planner Dempsey indicated that an existing detached. storage building
located .east. of thee. main building will be removed with the construction of the
proposed building addition. The landscape/screening plan proposes extending,.
the tree line with additional plantings to the west along the south property Iine to
.provide additional screening from the residential area to the south.. The proposed
building .addition meets Zoning Ordinance requirements for building setbacks.
Further, he proposal to provide 64 on-site parking spaces also meets the minimum
requirements of the C-3, General Commercial District.
Associate Planner Dem se stated that should the Plannin Commission
P y g
.recommend approval of the CUP amendment application of Charter
Communications, Community and Economic Development Department .staff
recommend compliance with the six stipulations as listed in the September 1,.2000
Planning Report.
There were no comments from the audience.
00.109 MoT~ow by Wulff, Second by Comer to close the public hearing at 7:20 p.m.
Ayes:. Rieb, Comer, Wulff, Bellows, Kot, Drotning.
Nays: 0.
Commission members ..discussed the metal siding on the east and south side of the
existing building. There was consensus that the Planning Commission .would
prefer these. outside walls to be resided with the:: brick and stucco proposed for the
addition. and the north and west sides of the existing building.
The Planning .Commission :further discussed the proposed landscaping/screening
plan. The Commissioners agreed that additional landscaping should be installed
along the: south side of the .property and building: to include planting a mix of
overstory and. evergreens between the building addition and the existing trees.
Planning Commission Meeting
September 7, 2000
Page 10
•
along the south property line to screen the proposed simulsat .dish from. the
residential neighborhood to the south.
The Planning Commission added two stipulations for approval to read as follows:
g) "The exterior materials of the existing building shall match the siding of the new
addition and the existing trees along the south property line."
h) "The Landscape Plan shall be amended to include additional landscaping' between. the
new building addition."
00.110 MOTION by Kot, Second by Rieb to recommend to the City Council approval of the
application of Charter Communications for a Conditional Use Permit Amendment.
to allow open and outdoor storage on property located at 16900 Cedar Avenue in
the C-3, General Commercial District subject.. to the six stipulations as listed in the
September 1, 2000 Planning Report with the addition of the two stipulations as
listed above and approval of the Findings of Fact dated September 7, 2000...
.Ayes: Comer, Wulff, Bellows, Kot, Drotning, Rieb.
Nays: 0.
00.111 MoTioN by Kot, Second by Comer to continue the public. hearing for the All Saints
Catholic .Church application for a Conditional Use Permit Amendment to the
September 21, 2000 Planning Commission Meeting.
Ayes: Wulff, Bellows, Kot, Drotning, Rieb, Comer.
Nays: 0.
There: being no further business, the meeting was adjourned 7:50 p.m.
Respectfully submitted,
Donna Quintus, Recording Secretary
ATTEST:
Karl_Drotning, Chair