HomeMy WebLinkAbout03-19-98 City Of Lakeville
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• ' r~ PLANNING. COMMISSION MEETING MINUTES
March 19, 1998
The March 5, 1998 Planning Commission meeting was called to order by Chair Rieb at 6:00
p.m. in the City Hall .Council Chambers.
Roll .call of members was taken:
Present:. Miller, Wanner, Rieb, Wulff, Alternate Skipton.
Absent: Kot, Cecchini, Ex Officio Member Bellows.
Staff present: Michael Sobota, Community and Economic Development Director; Jason
Wedel, City Civil Engineer II; and Donna Quintus, Recording Secretary.
The March 5, 1998 Planning Commission meeting minutes were approved as submitted.
ITEM 5: PUBLIC HEARING: Malmberg Bond/Children's World Learning Centers
Chair Rieb reconvened the public hearing for consideration of the application of David C.
Malmberg for a preliminary and final plat of one lot and one outlof on one. block. to be known
as Malmberg Bond Addition .
Community and Economic Development Director Michael Sobota noted that the developer for
the proposed preliminary and final plat of the Malmberg Bond Addition and the applicant for
• Children's World Learning Centers for a conditional use permit to allow a day care facility in
the B-4, General Business District have contacted staff indicating their intent to withdraw the
applications for these two projects.
98.43 MonoN by Miller,. Second by Cecchini to close the public hearing for consideration of
Malmberg Bond Addition preliminary and final plat and Children's World Learning Centers
conditional use permit pending written confirmation withdrawing these applications.
Roll call vote was called on the motion.
Ayes: Miller, Kot, Wanner, Rieb, Skipton, Cecchini, Wulff.
Nays: 0.
ITEM 6: PUBLIC HEARING: Billy Goat Hill Preliminary Plat
Chair Rieb reconvened the public hearing for consideration of the application. of Shamrock
Development, Inc. for the preliminary plat of 77 single family residential lots to be known as
Billy Goat Hill on land located east of Ipava Avenue and south of 175th Street.
Community & Economic Development Director Michael Sobota indicated that James Stanton,
Shamrock Development, Inc., has submitted a letter officially withdrawing the application for
the Billy Goat Hill 77-lot preliminary plat.
98.44 MOTION by Kot, SECOND by Wulff to close the public hearing and accept the March 12, 1998
letter from James Stanton withdrawing the application for the Billy Goat Hill 77-lot preliminary
• plat.
Roll call vote was called on the motion.
Ayes: Kot, Wanner, Rieb, Skipton, Cecchini, Wulff, Miller.
Nays: 0.
Regular Planning Commission Meeting Minutes
March 19, 1998
.Page 2
•IrEM 7: PUBLIC HEARING: Billy Goat Hill Preliminary Plat
Chair Rieb opened the public hearing for consideration of the application of Shamrock
Development, Inc. for the preliminary plat of 128 single family residential lots on land located
east of Ipava Avenue and south of 175th Street. Community and Economic Development
.Director Michael Sobota attested that the legal notice had been mailed and published as
required by state statute.
Sobota indicated that Mr. Stanton of Shamrock Development, Inc. has requested that the
public hearing for the Billy Goat Hill 128-lot preliminary plat be continued to the April 2,
1998 Planning Commission meeting. Mr. Stanton also states in his letter that it is anticipated
that the name of the preliminary plat will change. to Anderson's Century Farm.
98.45 MoTioN by Wanner, SECOND by Skipton to continue the public hearing for consideration of the
Shamrock Development, Inc. Billy Goat Hill preliminary plat for 128 single family fats to the
April. 2, 1998 Planning Commission regular meeting.
Roll call vote was called on the motion.
Ayes: Wanner, Rieb, Skipton, Cecchini, Wulff, Miller, Kot. .
Nays: 0.
ITEM 8: PUBLIC HEARING: Dan Rogers: Easement Vacation
• Chair Rieb opened the public hearing for consideration of the application of the City of
Lakeville for the vacation of a portion of a drainage and utility easement for Dan Rogers, 9777
171st Street West in Stonebriar 2nd Addition. Community and Economic Development
Director Michael Sobota attested that the legal notice had been mailed and published as
.required by state statute.
Community & Economic Development Director Michael Sobota described the events that led
to the City's application for the vacation of a portion of an existing 20-foot wide rear property
line drainage and utility easement.. The property is addressed as 9777 - 171st Street West,
legally described as Lot 4, Block 2, Stonebriar 2nd Addition, and owned by Mr. Dan Rogers.
Sobota noted that, initially, a contractor notified the Building Department regarding a permit to
pour a concrete patio slab on the subject property. He indicated that the owner intended to
construct a gazebo on the slab at some future date. The contractor was informed by Building
Inspection. staff that a permit was not required for the patio slab; however, the slab should be
located so that the future gazebo structure would be in compliance with ten (10) foot side and
rear yard setback ordinance requirements for accessory structures.
Sobota indicated that, upon further investigation of the lot survey, Building Department staff
identified an oversized 20-foot easement that existed along the rear property line which had
been dedicated at the time of final platting of Stonebriar 2nd Addition. The easement was
established for the purpose of drainage and protection of a line of trees located along the rear
lot line. However, the concrete slab had been poured prior to staff's detection of the 20-foot
• .easement.
Sobota stated that because of the events that led to the encroachment into. the existing
easement, Community and Economic Development Department. staff is recommending the
vacation of the affected portion of the easement. Building Department staff has indicated that
Regular Planning Commission Meeting Minutes
March 19,1998
Page 3
. no trees have been disturbed as a result of the slab placement and Engineering Department
staff has determined that the proposed easement vacation does not impact the rear yard
drainage. It has also been determined that no utilities lie within the easement that is proposed
to be vacated.
There were no comments from the audience.
98.46 MOTION by Cecchini, Second by Rieb to close the public hearing.
Roll call vote was called on the motion.
Ayes: Rieb, Skipton, Cecchini, Wulff, Miller, Kot, Wanner,.
Nays: 0.
98.47 MOTION by Cecchini, Second by Miller to recommend to City Council approval of the City of
Lakeville application for the vacation of a portion of a drainage and utility easement on Lot 4,
Block 2, Stonebriar 2nd Addition as submitted.
Roll call vote was called on the motion.
Ayes: Skipton, Cecchini, Wulff, Kot, Wanner, Rieb.
Nays: Miller.
Commissioner Miller indicated the reason for his negative vote was because he felt this action
sets a precedent for similar requests in the future.
The next Planning Commission Meeting will be held at 6:00 p.m. on Thursday, April 2, 1998.
There being no further business, the meeting was adjourned at 6:20 p.m.
Respe ully submitted,.
Donna Quintus, Rec ding Secretary
ATTEST:
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Laurie Rieb, Chair