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HomeMy WebLinkAbout08-06-98 City of Lakeville PLANNING COMMISSION MEETING MINUTES August 6, 1998 The August 6, 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, Drotning, Cecchini, Wulff, Ex Officio Bellows. Absent: Kot. Staff present: Michael Sobota, Community and Economic Development Director; Frank Dempsey, Associate Planner; Roger Knutson, City Attorney; and Donna Quintus, Record i ng Secretary. Commissioner Wulff requested a correction to Motion No. 98-121 of the )uly 16, 1998 Planning Commission Meeting minutes to read as follows: "Morion? by Wulff, Second by Drotning to recommend to City Council approval of the Lakeville Ninth Elementary School preliminary and final plat and to recommend to City Council approval of a Conditional Use Permit to allow the construction of a two-phase 700-student capacity public elementary school in the R-2, Single Family Residential District on Lot 1, Block 1, Lakeville Ninth Elementary School according to the revised site plan and subject to the ten conditions recommend by staff and listed in the July 10, 1998 Planning Report with a modification to Stipulation No. 2 deleting the recommendation of the Dakota County Soil and Water Conservation District to place a conservation easement over the wetland area and approval of the Findings of Fact dated July 16, 1998. The minutes of the )uly 16, 1998 Planning Commission Meeting were approved as amended. ITEM 5: Pusuc HEARING: Jeremy & Lainie Edmonson: Conditional Use Permit Chair Rieb opened the public hearing for consideration of the application of Jeremy and Lainie Edmonson for a Conditional Use Permit to allow the construction of a detached accessory building for a total on-site accessory building area greater than 1,100 square feet in the R-2, Single Family Residential District. City Attorney Roger Knutson attested that the legal notice had been mailed and published as required by state statute. Associate Planner Frank Dempsey presented an overview of the request from Jeremy & Lainie Edmonson for a Conditional Use Permit to allow the construction of an 864 square foot detached garage on their unsewered 3-acre legal, non-conforming parcel of record located at 9894 - 194th Street West. The combination of an existing 520 square foot attached garage and the proposed 864 square foot detached accessory building totals 1,384 square feet. A Conditional Use Permit is required to allow a total accessory building area greater than 1,100 square feet in the R-2, Single Family Residential S District.. Regular Planning Commission Meeting Minutes August 6, 1998 Page 2 • Planner Dempsey indicated that the site plan survey shows that the proposed location of the accessory building meets Zoning Ordinance setback requirements for the R-2 District, is compatible with the existing single family residential character of the site, and will be screened from adjacent properties by existing significant trees. Planner Dempsey noted that the Edmonsons have indicated their request-for the increased accessory building area i their need for storage of personal vehicles and property and yard maintenance equipment. Mr. and Mrs. Edmonson were in attendance to answer questions and provide clarification regarding the details of their conditional use permit request. Kathleen Fitzpatrick, 19455 Iteri Avenue, next door neighbor to the east, expressed concern that the applicant may be contemplating the establishment of a home business on the subject property. Associate Planner Dempsey indicated that the proposed Conditional Use Permit for this property specifically prohibits home occupations. A draft of the proposed Conditional Use Permit has been reviewed by the Edmonsons and they have indicated to staff that they are in agreement with the conditions of the permit as proposed. Community and Economic Development Director Michael Sobota indicated that an approved Conditional Use Permit is recorded with the County and becomes a legal instrument recorded against the property. The City's Zoning Enforcement Officer conducts random inspections or responds to complaints regarding properties within the .City. Should a violation of the terms of the Conditional Use Permit be determined the City could revoke the permit and the property owner will be required to comply with City regulations. There were no further comments from the public. 98.128 MOTION by Miller, Second by Wanner to close the public hearing. at 6:10 p.m. Roll call vote was called on the motion. Ayes: Miller, Wanner, Rieb, Drotning, Cecchini, Wulff.. Nays: 0. 98.129 MQTION by Cecchini, Second by Drotning to recommend to City Council approval of the application of Jeremy and Lainie Edmonson for a Conditional Use Permit to allow the construction of a detached accessory building resulting in atotal accessory building area greater than 1,100 square feet in the R-2, Single family Residential District on property addressed as 9894 -1 194th Street West subject to the seven stipulations as .listed in the July 31, 1998 Planning Report and approval of the Findings of Fact dated August 6, 1998. • Roll call vote was called on the. motion, Regular Planning Commission Meeting Minutes August 6, 1998 Page 3 . Ayes: Wanner, Rieb, Drotning, Cecchini, Wulff, Miller. Nays: 0. ITEM 6: PUBLIC HEARING: Messiah Lutheran Church: Conditional Use Permit Chair Rieb opened the public hearing for consideration of the application of Messiah Lutheran Church .for a Conditional Use Permit to allow the construction of a youth house on the Messiah Lutheran Church property located at 16725 Highview Avenue. City Attorney Roger Knutson attested that the legal notice had been mailed and published as required by state statute. Associate Planner Frank Dempsey presented an overview of the Conditional Use Permit application of Messiah Lutheran Church for an amendment to Conditional Use Permit No. 88-01 to allow the construction of a youth house on their property located on Lot 1, Block 1, Messiah Lutheran Church Addition. The subject property is zoned R-2, Single Family Residential District. Churches and church accessory buildings are allowed by Conditional Use Permit in the R-2 District provided the criteria and procedures set forth in the Zoning Ordinance regarding Conditional Uses for religious institutions are met. Planner Dempsey noted that the site plan identifies an approximate 900 square foot detached structure, with: an attached' deck of approximately the same area, to be located west of the existing parking lot and to the rear of the existing church building. i Dempsey indicated that the site plan submitted by Messiah Lutheran Church meets or exceeds the requirements of the Zoning Ordinance regarding setbacks, screening, landscaping, and parking. It was also noted that the proposed use is consistent with the City's Comprehensive Land Use Plan. Planner Dempsey indicated that the original building plans for the youth house indicated abuilt-in brick fire pit on the deck and only one bathroom. After review by the City's Building Inspections Department and Fire Marshal,. Messiah Lutheran Church representatives agreed to remove the fire pit from the plans and include an additional bathroom-within the youth house structure for compliance with building codes. Revised building plans will be submitted for review prior to formal action by the City Council for the Conditional Use Permit. Mr. Gary Kienitz, Messiah Lutheran Church Building Committee, was in attendance and responded to Planning Commission questions regarding details of the proposed facility and its proposed use. The Commission discussed the future use of the westerly outlot currently owned by Messiah. Sobota noted that a concept for several residential lots was reviewed by the City when the Interlachen Glen subdivision was approved. The future lots would be screened by the existing wetland vegetation. There were no comments from the public. •98.130. MOTION by Miller, Second by Drotning to close the public hearing at 6:25 p.m. Regular Planning Commission Meeting Minutes August 6, 1998 Page 4 • Roll call vote was called on the motion. Ayes: Rieb, Drotning, Cecchini, Wulff, Miller, Wanner. Nays: 0. 98.131 MOTION by Wulff, Second by Cecchini to recommend to City Council approval of the application of Messiah Lutheran Church for a Conditional Use Permit to allow the construction of youth house on the Messiah Lutheran Church property located at 16725 Highview Avenue, legally described as Lot 1, Block 1, Messiah Lutheran Church Addition, subject to the six stipulations as listed in the July 31, 1998 Planning Report and approval of the Findings of Fact dated August 6, 1998. Roll call vote was called on the motion. Ayes: Drotning,. Cecchini, Wulff,. Miller, Wanner, Rieb. Nays: 0. ITEM 7A: PUBLIC HEARING: Merle Hiltner (6954 - 173rd Street West}: Conditional Use Permit ITEM 7B: PUBLIC HEARING: meson & Sandra Hand (6877- 173rd Street West): Conditional Use Permit Chair Rieb opened the public hearings for consideration of the application of Merle Hiltner for a Conditional Use Permit toallow cone-story covered front entrance for a new single family home to extend into the front yard building setback on property located. at 6954 -173rd Street West and the application of }ason and Sandra Hand for a Conditional Use Permit to allow aone-story covered front entrance for a new single family home to extend into the front yard building setback on property located at 6877 -173rd Street West. City Attorney Roger Knutson attested that the legal notices for both public hearings had been duly mailed and published as required by state statute. Associate Planner Frank Dempsey indicated that due to the similarity of the two Conditional Use Permit requests from Mr. Hiltner and Mr. and Mrs. Hand and their close proximity to each other in the same neighborhood, staff has provided one staff report for the review of both requests. However, it was noted that, should they be approved, separate Conditional Use Permits will be required for each of the properties. Planner Dempsey provided an overview of the Conditional Use Permit applications Merle Hiltner and Jason and Sandra Hand proposing covered entryways on the front of each of the subject houses to extend into the front-yard building setback by five feet. The proposed setback encroachment is permitted subject to approval of a Conditional Use Permit in accordance with the criteria set forth in Section 11-8-5(A)(4) of the Zoning Ordinance. Planner Dempsey indicated that when the original surveys were submitted with the building. permit applications the two 960 square foot pre-fab houses, currently under construction, did not indicate a covered entryway addition encroaching into the 30-foot • front yard setback. However, the building plans submitted for each building permit identified the covered entryways for the houses at the property setbacks. The Regular Planning Commission Meeting Minutes August 6, 1998 Page 5 .applicants' surveyor, Ryan Engineering, has admitted to making an error in the preparation of the surveys and the incorrect staking of the houses on the lots.. After a stop work order by the Building Department and discussion with Community and Economic Development staff, the applicants agreed to pursue a Conditional Use Permit to allow the covered entryways to remain provided the Conditional Use Permit vvas granted. Planner Dempsey indicated that the houses meet all other setback requirements. The proposed five-foot wide entryways will result in a 25-foot front yard setback. The proposed house designs are architecturally compatible with other homes in the neighborhood and the proposed covered entryways are not enclosed and will not obstruct traffic visibility and sight lines on 173rd Street.. White wooden posts will serve as supports for the roof section over the entryways. Mr. Dempsey reviewed the garage forward designs of the neighboring houses outlining compatible features. Community and Economic Development staff recommends approval subject to the stipulations as listed in the )uly 31, 1998 Planning Report. Mr. Hand and Mr. Hiltner were in attendance and responded to questions from. the Commission. The Planning Commission acknowledged receipt of a letter dated )uly 31,.1998 from . Greg and Merri Santer, 6769. -173rd Street West, expressing opposition to the requested Conditional Use Permits. Mr. and Mrs. Santer indicated in their letter that the subject houses would fit on the individual lots without encroaching into the front yard setback and that these structures should be relocated on their respective lots to meet the 30-foot front yard setback for consistency with all other houses in this neighborhood. The Planning Commission also acknowledged receipt of a petition submitted by Mr. Hiltner and Mr. Hand consisting of ten signatures of area residents indicating they had no objection to the proposed Conditional Use Permit requests that would allow the covered porches on each of the houses. There were no further comments from the public. 98.132 MOTION by Wulff, Second by Cecchini to close the public hearings at 6:50 p.m. Roll call vote was called on the motion. Ayes: Cecchini, Wulff, Miller, Wanner, Rieb, Drotning. Nays: 0. Associate Planner Dempsey responded to questions from the Commission regarding the events that led to the "stop work" order that was imposed by the City and the details regarding the error in staking the property for the houses. The Commission members were in general agreement that the "open porch" would not be a detriment to the neighborhood and that the porches would be an enhancement to each of the houses. Regular Planning Commission Meeting Minutes August 6, 1998 Page 6 • 98.133 MorioN by Drotning, Second by Miller to recommend to City Council approval of a Conditional Use Permit to allow the construction of a one story covered front entrance for a new single family home to extend into the front yard building setback on Lot 8, Block 4, Country Pond South 7th Addition (6877 - 173rd Street West) subject to the two conditions as listed in the July 31, 1998 Planning Report and approval of the Findings of Fact dated August 6, 1998 and to recommend to City Council approval of a Conditional Use Permit to allow the construction of a one story covered front entrance for anew single family home to extend into the front yard building setback on tot 7, Block 3, Country Pond South .7th Addition (6954 - 173rd Street West) subject to the two conditions as listed in the July 31, 1998 Planning Report and approval of the Findings of Fact dated August 6, 1998. Roll call vote was called on the motion. Ayes: Wulff, Miller, Wanner, Rieb, Drotning, Cecchini. Abstain: Nays: 0. Community and Economic Development Director Michael Sobota discussed the status of the Comprehensive Guide Plan Update. Staff anticipates receipt of a draft Policy Plan and Issues Analysis for review. Sobota advised the Commission that staff is proposing to devote at least one Planning Commission meeting per month for September, Qctober, November, and December for discussion and input from the Planning Commission for the final draft of the Comp Plan Update. He indicated Special Planning Commission meetings may also be needed. The next Planning Commission Meeting will be held at 6:00 p.rn. on Thursday, Au ust 20, 1998. There being no further business, the meeting was adjourned at 7:05 p.m. Res ly submitte Donna Quintus, Record' g Secretary ATTEST• L r'e Rieb, Chair • • ~'rreg and Me~i Sa_nter • 5769 173` Sreet west Farmington MN 55024 • t~5 ~ ~ ~ ~~i~pp "July 31, 1998 ~ ~'~C~ City of Lakeville l~ 20195 Holyoke Avenue `~~s~~Z£Z~Z~Z~ti~ Lakeville IYIlV 55044 Frank Dempsey or to whom it may concern,. The conditional use permit for Lot 8, Block 4, Country Pond South 7~' should be denied. This home extending into the setback should have been caught when the house was ~in the. plan stage. It can and. should be fixed now. It is not a good excuse that They built part of the home, and didn't comply with the code, so now they warn a conditional use permit. The builder of the home should do what is required to make this home comply with the building code. This home is the small enough to fit tt the lot without being in the setback or any easements. I can see this home from my: front yard and drive by it everyday, and I don't want to see it sticking out in front of the rest of the homes that comply with the building codes. • Sincerely, Greg and Merri S ter • PETITION FOR CONDITIONAL USE PERMIT TO ALLOW COVERED FRONT. PORCH Due to an error in the staking of the house,. the city of Lakeville is requiring that we apply fora "conditional use permit" that would allow us to keep the original covered porch on the house. Failure to receive this permit .would result in an uncoven~d entry that we feel would gnsatly detract from .the .appearance of the home and reduce the propery value. Please feel free to attend the Planning Commission meeting tomorrow evening (Aug. 6j at 6:00 pm in the City Hall Council Chambers. Your support would be greatly appreciated. Si nature Address Comments ~ - (~9'l3 /3~`' STL. ~,A~cL ~D~5 ~ ~ t ~C~ L~ ~~2 t~3~d SF III ta`~~-' S b ~ U (9~ (~3~S~w. t~ b~ ~