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HomeMy WebLinkAbout09-21-00 CITY OF LAxEVILLE Planning Commission Meeting Minutes • SEPTEMBER 21, 2000 The September 21, 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, Drotning, Rieb, Wulff. Absent: Skipton, Comer. Staff Present: Arlyn Grussing, Director of Community and Economic Development; Daryl Morey,. City Planner; Frank Dempsey, Associate Planner; Matthew Brokl, Assistant City Attorney; and Penny Brevig, Recording Secretary. The September 7, 2000 Planning Commission meeting minutes were approved as presented. ITEM 4: Announcements: City Planner, Daryl Morey suggested to the Planning Commission to consider moving .Item 7D, video tape from League of Minnesota Cities, "Tuesday Night Council Meeting" to Item 2 on the Work Session Agenda. This was agreed to by the Commission. Mr. Morey stated that the minutes of the September 19, 2000 Environmental Affairs • Committee (EAC) meeting have been distributed to the Commission indicating the EAC's recommendation of approval of the final plat, grading, erosion control, wetland exemption and tree preservation plans for Hawthorne Heights, and their recommendation of approval of the Valley Lake Management Plan. ITEMS. CONSENT AGENDA: COUNTRY .TOE, INC. 00.112 MOTION by Rieb, second by Wulff, to approve the September 21, 2000 Consent Agenda as follows: SA. Approve the application of Country Joe, Inc. for the final plat of 68 lots to be known as Hawthorne Heights, on property located south of 160th Street (County Road 46) and east of Highview Avenue. Ayes: Bellows, Kot, Drotning, Rieb, Wulff. Nays: O. Item 6.Public Hearing: All Saints Catholic Church Conditional Use Permit Amendment. (continued from the September 7, 2000 Planning Commission Meeting) Chair Drotning reconvened the public heaxing 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. Planning Commission Meeting September 21, 2000 Page 2 • Deacon George .Nugent was present to represent All Saints Catholic .Church, located at 19795 Holyoke Avenue. Mr. Nugent stated that the church needed the detached garage/storage building for storage of lawn mowers, maintenance equipment and other items related to the church and school uses. Associate Planner Frank Dempsey presented an overview of the proposed 60' x 30' garage/storage building which All Saints Catholic Church wants to .construct on the west side of the existing church/school -site located at 19795 Holyoke Avenue. Mr. Dempsey stated that the proposed accessory building would be used for the storage and upkeep of the church's maintenance equipment (snow plow, lawn mower, maintenance equipment, etc.). Mr. Dempsey stated that a conditional use permit (No. 95-18) and preliminary and final plats were approved in 1995 to allow for the construction of the church. A conditional use permit amendment (No. 00-02) and a final plat (All Saints 2"d Addition) were approved earlier this year to allow the construction of the education facility expansion. Mr. Dempsey indicated that All Saints is proposing to construct the garage with a 3 foot high band of brick to match the existing church and educational facility currently. under construction. The remainder of the .exterior elevations will be finished in off-white stucco. The shingles will also be required to match the existing building. • Mr. Dempsey .stated that the proposed accessory building has a height of 13'8", in conformance with the maximum height of 20' for accessory buildings for non-residential uses. Mr. Dempsey also stated that the proposed building setback is approximately 34 feet. Churches have a minimum setback requirement of 30 feet from all property lines. Mr. Dempsey stated that the landscaping plan that was approved with the educational. facility expansion is sufficient to screen the proposed garage/storage building. Associate Planner Dempsey stated that should the Planning Commission recommend approval of the CUP Amendment for All Saints Catholic Church, Community and Economic Development Department staff recommend compliance with the five stipulations as listed in the August 31, 2000 Planning Report. There were no comments from the public. 00.113 MOTION by Bellows, Second by Kot to close the public hearing at 6:10 p.m. Ayes: Kot, Drotning, Rieb, Wulff, Bellows Nays: 0. Commissioner Wulff commented that the accessory building is an improvement of the view for adjoining properties because it will help screen the loading area located on the west side of the church. Planning Commission Meeting September 21, 2000 Page 3 Chair Drotning questioned what was left to be done on the original Conditional Use Permit, specifically, the turn lanes. Mr. Nugent stated that nothing has been done yet regarding the turn lane at the southerly driveway. The north entrance turn lane has been graded and resurfaced. City Planner Daryl Morey stated that the City of Lakeville has a security to guarantee that the turn lane is installed before the winter season. Engineering Department staff will work with the church to ensure completion of the right turn lane. Chair Drotning asked about the driveway that runs by the proposed accessory building. Mr. Nugent stated that right now the driveway is currently being built as a dead-end with turn- around capability, but may be looped back to the parking lot in a future phase. Chair Drotning asked Mr. Nugent if the church has a "master plan?" Mr. Nugent stated that they will be having a meeting to develop a master plan in order to get full utilization of the property, .including the future construction of a soccer field and play area. 00.114 MOTION by Wulff, Second by Rieb to recommend to the City Council approval of the application of All Saints Catholic Church for a Conditional Use Permit Amendment to allow the construction of a detached garage/storage building on the church property located within the RM-1, Medium Density Residential District at 19795 Holyoke Avenue, subject to • the five stipulations as listed in the August 31, 2000 Planning Report and the Findings of Fact and Recommendation dated September 21, 2000. Ayes: Drotning, Rieb, Wulff, Bellows, Kot. Nays: 0. ITEM 7C. "UNDUE HARDSHIP" STANDARDS RULING IN ROWELL V. MOORHEAD, ASSISTANT CITY ATTORNEY PRESENTATION Attorney Matthew Brokl, from Campbell Knutson, was present to give the Planning Commission a summary of the Rowell v. Moorhead ruling. Mr. Brokl stated that the ruling relates to what is the "undue .hardship" requirement for variances. Mr. Brokl stated that now the Planning Commission can recommend approval of a variance based on whether a project "Is a reasonable use of the property." Mr. Brokl confirmed with Commissioner Bellows that "undue hardship" is equivalent to "reasonable use." Mr. Brokl stated that now the Planning Commission has more discretion than they did previously in reviewing variance requests. Chair Drotning commented that consistency is important to the City. Mr. Brokl stated that the Planning Commission has been doing things correctly and encouraged the Planning Commission to continue with strict .interpretation of the zoning ordinance regarding variance • requests. Mr. Brokl stated that if the Planning Commission is challenged by a third party, the Planning Commission's decision would be upheld. Planning Commission Meeting September 21, 2000 Page 4 There being no further business, the regular meeting was adjourned at 6:30 p.m. Respectfully submitted, Penny B vi ,Recording etary ATTEST• Karl Drotning, Chair