HomeMy WebLinkAbout01-07-99 CITY OF LAKENILLE
Planrnng Commission Meeting Minutes
Jwvu~v 7, 1999
The January 7, 1999 Planning Commission meeting was called to order by Chair Rieb
in the City Hall Council Chambers at 6:20 p.m.
Roll call of members was taken:
Present:. Rieb, Drotning, Wulff, Alternate Commission Member Skipton, Ex-Officio
Commission Member-Bellows.
Absent: Kot, Cecchini.
Staff Present: Michael Sobota, Community and Economic Development Director;
Frank Dempsey, Associate Planner; Andrea McDowell-Poehler, City Attorney; and
Donna Quintus, Recording Secretary.
The minutes of the December 10, 1998 Planning Commission Meeting. were approved
as submitted.
ITEM 4: ANNOUNCEMENTS
Community and. Economic Development Director introduced Andrea McDowell-Poehler
from Campbell, Knutson law firm who will be attending meetings to serve as legal
counsel to the Planning Commission.
ITEM 5: ELECTION OF 1999 PLANNING COMMISSION OFFICERS
99.01 MOTION by Wulff, Second by Rieb to nominate Karl Drotning as Planning Commission
Chair.
99.02 MOTioN by Drotning, Second by Rieb to nominate Wendy Wulff as Planning
Commission Vice-Chair.
99.03 MOTION by Wulff, Second by Rieb to nominate Sharon Kot as Planning Commission
Secretary.
Chair Rieb closed the nominations.
99.04 MOTION by Drotning, Second by Wulff to cast a unanimous ballot for the Planning
Commission officers.
Roll call vote was called on the motion..
Ayes: Skipton, Rieb, Drotning, Wulff.
.Nays: O.
Planning Commission Meeting Minutes
January 7,1999
Page 2
• ITEM 6: PUBLIC HEARING: James D. Flint Special Home Occupation Permit
Chair Rieb reconvened the .public hearing continued from the December 10, 1998
Planning Commission meeting for consideration of the application of James D. Flint for
a Special Home Occupation Permit to allow the operation of a photography studio in a
townhouse residence.
Associate Planner Dempsey presented an overview of the application of James D. Flint
for a Special Home Occupation Permit for the purpose of operating a photo studio out
of his home, currently under construction, located at 16320 Javari Court in the Town
and Country Estates townhouse development. The subject property is located in a
.PUD, Planned Unit Development District. Title 11 of the Zoning Ordinance allows photo
studios in the PUD District via a Special Home Occupation Permit.
Associate Planner Dempsey noted that Mr. Bill Anner, President of the Crosswinds
Community Townhouse Association (Town and Country Homes), had authorized Mr.
Flint to operate the photo studio from his townhouse unit as indicated in a November 6,
1998 letter to the Townhouse Association. However, in staff's initial processing of the
Special Home Occupation Permit, it was discovered that the covenants governing the
use of the Crosswinds townhouse properties do not allow a home occupation that
includes customers visiting the property. Staff informed the townhouse association,
currently controlled by the developer, that Community and Economic Development
Department staff would not recommend approval of Mr. Flint's application for a Special
Home Occupation due to the conflict with the covenants.
Based on staff's findings and initial recommendation, Mr. Flint requested at the
December 10, 1998 meeting that discussion and action on his application for a Special
Home Occupation Permit be continued to allow time for the Townhouse Association to
process an amendment to the Crosswinds Community Townhouse Association (Town
and Country Homes) Covenants. The Town & Country Homes Townhouse Association
has now completed the revisions to the covenants to allow home occupations, such as
photography studios, that allow customers to visit the home occupation subject to
written consent from the association. Mr. Dempsey noted that according to a letter
dated January 4, 199#rom Lisa Lindenfelser, Fredrickson & Byron, P.A., this
amendment to the covenants was sent to the Dakota County Recorder's Office on
January 4, 1999 and is currently in the process of being recorded.
Associate Planner Dempsey noted that Mr. Flint has indicated that the proposed photo
studio will be located in the finished lower level of the home and will operate on an
appointment only basis. No signage is being proposed and all customer parking can be
accommodated in the driveway of the residence. Dempsey indicated that in the
December 30, 1998 Planning Report a 12t" stipulation has been recommended that
states that photo development shall not be permitted on the premises. A 13tH
stipulation recommended in that report requiring the recording of the covenant
amendment with Dakota County has already been satisfied and, therefore, is no longer
necessary.
Planning Commission Meeting Minutes
January 7,1999
Page 3
Planner Dempsey indicated that if the Planning Commission supports the townhouse
association change to their covenants, Community and Economic Development
Department staff recommends approval of the Special Home Occupation Permit for Mr.
Jamey D. Flint, as requested. subject to the 12 stipulations.
Mr. Flint was present and indicated his agreement to the 12 stipulations as
recommended. by staff in the December 4, 1998 and December 30, 1998 Planning
Reports.
Commissioner Wulff requested details regarding the length of the driveway and whether
customer. parking can be accommodated in the homeowner's driveway without
impacting sight lines of normal vehicular traffic in the public right-of--way. Commissioner
Wulff expressed concern regarding allowing home occupations in high density
residential developments where parking may be limited.
Community and Economic Development Director Sobota indicated that Javari Court is a
public street and is the standard 32-foot width of all residential streets. Further, the
length of the driveway for the subject townhome is approximately 40 feet from the curb
which is consistent with the length of driveways in single family residential
developments. Sobota further noted that staff can address issues regarding home
occupations in-mid to high density residential districts when the City's Zoning Ordinance
is updated which is scheduled to take place in 1999.
There were no' comments from the public..
99.05 MorioN by Drotning, Second by Skipton to close the public hearing at 6:45 p.m.
Roll call vote was called on the motion.
Ayes: Rieb, Drotning, Wulff, Skipton.
Nays: 0.
Commissioner Drotning stated his opinion that townhome owners are governed not only
by the Zoning Ordinance, but also private covenants, and additional .restrictions
regarding home occupations for these residential districts should not be necessary.
99.06 MOTION by Wulff, Second by Drotning to recommend to City Council approval of the
Special Home Occupation permit for Mr. James D. Flint to allow the operation of a
photography studio. in a townhouse residence located at 16320 Javari Court, legally
described as Lot 5, Block 1, Town and Country Estates, subject to the 11 stipulations
listed in the December 4, 1998 Planning Report and Stipulation No. 12 listed in the
December 30, 1998 Planning Report and approval of the findings of Fact dated
January 7, 1999.
Roll call vote was called on the motion.
. Ayes: Drotning, Wulff, Skipton, Rieb.
.Nays: 0.
Planning Commission Meeting Minutes
January 7,1999
Page 4
ITEM 6: NEW BUSINESS: PLANNING COMMISSIONER TRAINING OPPORTUNITIES
Community and Economic Development Director Sobota asked the Planning
Commission members if they would be interested in opportunities for discussions on
topics of interest.. Sobota noted three. new members will be joining the Planning
Commission in February and staff could arrange training resources. Commissioner
Drotning noted that roadway access would be a good topic and also parliamentary
procedure, given the new members.. Sobota noted that if any other topics come to
mind, the Planning Commission members should contact him.
There being no further business, the meeting was adjourned at 6:50 p.m.
Re ctfully subm' d,
Donna Quintus, Recording Secretary
ATTEST•
Lau ie Rieb, Chair
•