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HomeMy WebLinkAbout08-20-98 City. of Lakevi I le • PLANNING COMMISSION MEETING MINUTES August 20, 1998 The August 20, 1998 Planning Commission meeting was called to order by Chair Rieb. at 6:00 p.m. in the City Hall Council Chambers. ROIL call of members was taken: Present: Miller, Kot, Wanner, Rieb, Drotning, Alternate Commission Member Skipton. Absent: Cecchini, Wulff. Staff present: Michael. Sobota, Community and Economic Development Director; Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Tim Hanson, Assistant City Engineer; Roger Knutson, City Attorney; and Donna Quintus, Recording Secretary. The minutes of the August 6, 1998 Planning Commission Meeting were approved as printed. ITEM 5: CONSENT AGENDA: Boulder Village 2nd Addition Final Plat 98.134 MOTION by Miller, Second by Kot to recommend to City Council approval of the August 20, 1998 Planning Commission Consent Agenda as follows: • 5a. Approve the application of Robert Kissell, Sovoll Corporation, for the final plat of BOULDER VILLAGE 2ND ADDITION Wl11Ch COnSIStS Of 28 tOWnhOUSe lots IOCated SOUth of 165th Street and west of Ipava Avenue. Roll call vote was called on the motion. Ayes: Miller, Kot, Wanner, Rieb, Drotning, Skipton. Nays: 0. ITEM 5: PUBLIC HEARING. Nancy Guenther: Special Home Occupation Permit Chair Rieb opened the public hearing for consideration of the application of Nancy Guenther for a Special Home Occupation Permit to allow the operation of a hair salon in an 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 Special Home Occupation Permit application from Nancy Guenther for the purpose of operating a hair salon out of her home, currently under construction, located at 17091 Fairhill Avenue. The subject property is located on Lot 5, Block 2, Quail Meadows and is zoned R-2, Single Family Residential District. The ordinance recognizes hair salons as a Special Home Occupation and is regulated in accordance with the provisions of TITLE 11-7-4 Home Occupations of the Zoning Ordinance. • Regular Planning Commission Meeting Minutes August 20, 1998 Page 2 Planner Dempsey noted that Ms. Guenther currently operates a hair salon out of her existing home in Meadow Brook Addition under a Special Home Occupation Permit approved in 1996. Anew Special Home Occupation Permit is required to allow Ms. Guenther to establish her hair salon in her new home. Planner Dempsey indicated that the proposed hair salon operation meets all criteria of the Zoning Ordinance for home occupations. Therefore, Community Development staff is recommending approval of the Special Horne Occupation Permit subject to the stipulations as outlined in the Planning Report dated August 14, 1998. Ms. Guenther was in attendance and responded to questions regarding the details of the proposed hair salon operation and stated she is not planning to install any signage. If a sign. is proposed in the future, an amendment to the Special Home Occupation Permit would be required. Ms. Guenther indicated her ageement to the staff recommended conditions for the Special Home Occupation Permit. There were no comments from the public. 98.135 MoTioN by Wanner, Second by Drotning to close the public hearing at 6:10. p.m. Roll call vote was called on the motion. Ayes: Kot, Wanner, Rieb, Drotning, Skipton, Miller. • Nays: 0. 98.136 MOTION by .Drotning, Second by Skipton to recommend to City Council approval of the application of Ms. Nancy Guenther for a Special Home Occupation Permit to allow the operation of a hair salon in a single family residence located at 17091 Fairhill Avenue, legally described as Lot 5, Block 2, Quail Meadows, subject to the 11 stipulations as listed in the August 14, 1998 Planning Report and approval of the Findings of Fact dated August 20, 1998. Roll call vote was called on the motion. Ayes: Wanner, Rieb, Drotning, Skipton, Miller, Kot. Nays: 0. ITEM 7: PUBLIC HEARING: Lakeville Land Ltd.: Easement Vacation Chair Rieb opened the public hearing for consideration of the application of Lakeville Land ltd. to vacate a portion of the boundary drainage and utility easement located on Lot 3, BIOCk 1, LAKEVILLE COMMERCE CENTER. City Attorney Roger Knutson attested that the legal notice had been duly mailed and published as required by state statute. City Planner Daryl Morey presented an overview of the request from Lakeville Land Ltd. to vacate the southerly ten feet of an existing 30-foot wide drainage and utility easement located on the north side of Lot 3, BIOCk 1, LAKEVILLE COMMERCE CENTER. The subject • property is located on the east side of Keokuk Avenue,. north of 215th Street (C.S.A.H. 70) and is zoned B-4, General Business District.. Lot 3, Block 1, LAKEVILLE COMMERCE Regular Planning Commission Meeting Minutes August 20, 1998 Page 3 CENTER. has been administratively subdivided creating two commercial lots with the northerly lot (Parcel A) proposed for the development of a sit-down restaurant with liquor sales. Assistant City Engineer Tim Hanson has reviewed the proposed easement vacation and has indicated that the vacation of the southerly ten feet of the 30-foot drainage and utility easement located on the north side of Lot 3, Block 1, LAKEVILLE COMMERCE CENTER .will not impact existing drainage provided the drainageway slopes are not disturbed. City Planner Morey noted that Stipulation No. 2 in his August 12, 1998 Planning Report required approval of the easement vacation by all four private utility companies prior to City Council action on the easement vacation. Planner Morey indicated that private electric, natural gas, telephone, and cable TV utility companies have since responded and they have indicated that there are no facilities located within the drainage and utility easement proposed to be vacated. Therefore, staff is recommending approval of the vacation. request subject to the remaining two stipulations fisted in the August 12, 1998 Planning Report. Mr. Harry Brand, Flyers Restaurant, was in attendance representing the restaurant proposed for Lot 3, Block 1, Lakeville Commerce Center. Mr. Brand indicated that the developer is in agreement with the conditions for approval recommended by staff. • Assistant City Engineer Tim Hanson responded to questions from the Commission regarding proposed drainage patterns and future driveway access spacing. Mr. Hanson reiterated that existing drainage will not be impacted by the proposed development of the property for restaurant use. Mr. Hanson further indicated that proposed access to the subject parcel can be accommodated and will meet minimum criteria for driveway access spacing guidelines. There were no comments from the public. 98.137 Morrow by Miller, Second by Kot to close the public hearing at 6:20 p.m. Roll call vote was called on the motion. Ayes: Rieb, Drotning, Skipton, Miller, Kot, Wanner. Nays: 0. 98.138 Morrow by Miller, Second by Skipton to recommend to City Council approval of the application of Lakeville Land Ltd.. for the vacation of a portion of the boundary drainage and utility easement located on Lot 3, Block 1, Lakeville Commerce Center generally located on the east side of Keokuk Avenue, north of 215th Street (C.S.A.H. 70) subject to Stipulations No. 1 and No. 3 as listed in the August 12, 1.998 Planning Report. Roll call vote was called on the .motion. Ayes: Drotning, Skipton, Miller, Kot, Wanner, Rieb. • Nays: 0. Regular Planning Commission Meeting Minutes August 20, 1998 Page 4 ITEM 8: PUBLIC HEARING: Cynthia Lynn Konich: Special Home Occupation Permit Chair Rieb opened the public hearing for consideration of the application of Cynthia Konich for a Special Home Occupation Permit to allow the operation of a massage therapy business in an 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 Special Home Occupation Permit application from Cynthia Konich for the purpose of operating a massage therapy business in her home located at 17217 Idlewood Way. The subject property is located on Lot 5, Block 2, HOMESTEAD CREEK THIRD ADDITION and IS Zoned R- 2, Single Family Residential District. The ordinance recognizes massage therapy operations as a Special Home Occupation and is regulated in accordance with the provisions of TITLE 11-7-4 Home Occupations of the Zoning Ordinance and City Code 3-16-1 which requires licensing of persons who administer massages in the City of Lakeville. Ms. Konich has submitted an application to the City Clerk for a license to administer massages in accordance with City Code 3-16-1. The Lakeville Police Department will review the license to administer massages application and make recommendation prior to the City Council's consideration of the Special Home Occupation Permit. Cynthia Konich, applicant, discussed her educational background, qualifications for practicing massage therapy, and licensing requirements. Ms. Konich indicated she is currently employed as a Registered Physical Therapist at the Center for Sports Medicine and Rehabilitation in Northfield and has worked as a physical therapist for eleven years. Ms. Konich stated she intends to continue working at the commercial .rehab center in Northfield; however, she would like to reduce her hours at the Northfield facility and offer massage therapy in her home on an appointment basis. Associate Planner Dempsey noted that Ms. Konich is not proposing signage. If a sign is proposed in the future, an amendment to the Special Home Occupation Permit would be required. Planner Dempsey requested that the Planning Commission eliminate Stipulation No. 9 of the August 14, 1998 Planning Report because it is covered under Stipulation No. 4. The Commission agreed to eliminate Stipulation No. 9. Ms. Konich indicated her agreement to the staff recommended conditions for the Special Home Occupation Permit. There were no comments from .the public. 98.139 MOTION by Kot, Second by Drotning to close the public hearing at 6:35 p.m. Roll call vote was called on the motion. Ayes: Skipton, Miller, KOt, Wanner, Rieb, Drotning. • Nays: 0. Regular Planning Commission Meeting Minutes August 20, 1998 Page 5 • 98.140 MOTION by Wanner, Second by Miller to recommend to City Council approval of the application of the application of Cynthia Lynn Konich for a Special Home Occupation Permit to allow the operation of a massage therapy business in a single family residence located at 17217 Idlewood Way, legally described as lot 5, Block 2, HOMESTEAD CREEK THIRD ADDITION, subject to the ten stipulations listed in the August 14, 1998 Planning Report ,with the elimination of Stipulation No. 9 and approval of the Findings of fact dated August 20, 1998. Roll call vote was called on the motion. Ayes: Miller, Kot, Wanner, Rieb, Drotning, Skipton. Nays: 0. ITEM 9: PUBLIC HEARING: Kurt Weber: Conditional Use Permit Chair Rieb opened the public hearing for consideration of the application of Kurt Weber for a Conditional Use Permit to allow the expansion of an existing non- conformingsingle family dwelling in the R-2, Single Family Residential District and Shoreland Overlay District of Lake Marion. 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 application. from Kurt Weber for a Conditional Use Permit to allow the construction of a 960 square foot • detached garage on anon-conforming single family parcel located at 9990 199th Street West. Based on the survey submitted by the applicant, staff identified the following non-conforming issues related to the subject property: 1) the 49.97-foot lot width does not meet the minimum 100-foot lot width; 2) the parcel lot area is less than the minimum 20,000 square feet; 3) the existing house does not meet the 10-foot side yard setback to the east side property line; and 4) the previously existing detached garage did not meet the 30-foot front yard property line setback. Associate Planner Dempsey indicated that Mr. Weber has already removed the former garage which eliminates one of the originally identified non-conforming uses. Planner Dempsey indicated that Mr. Weber is proposing a two-phase plan which will require an amendment to the Conditional Use Permit to allow the future planned expansions to the existing home. A survey has been submitted by Mr. Weber identifying the future expansions of the house. The conceptual expansion plans for the house meet the required setbacks for the R-2 and Shoreland Overlay Districts. Planner Dempsey noted that the plan includes the removal of existing sidewalk area as - part of the future housing expansion resulting in an overall impervious surface area under the maximum 25% impervious surface area allowed for a single family lot in the Shoreland Overlay District. Community Development staff is recommending the addition of Stipulation No. 7 to the conditions for approval to read as follows: "The City shall retain a $2,.000 cash escrow to guarantee compliance with the 25 • impervious surface area requirement by September 1, 1999." Regular Planning Commission Meeting Minutes August 20, 1998 Page 6 • Mr. Weber was present and indicated his agreement to the added stipulation and to the other conditions for approval recommended by staff. Planner Dempsey indicated that the proposed garage location meets the ten-foot side- yard requirement. Community Development staff recommends approval of the Conditional Use Permit requested by Mr. Kurt Weber subject to the stipulations as listed in the August 14, 1998 Planning Report with the addition of Stipulation No. 7 as discussed. Nancy loosten, 9985 - 199th Street West, indicated that she resides in the home directly across the street from the subject property. Ms. ~oosten expressed her concern that the proposed new garage will be located one foot closer to the westerly lot boundary (proposed ten-foot setback) than the original garage. She indicated that this would impact the view of the lake from her residence and requested the City's consideration to allow the garage to be constructed nine feet from the west lot Fine and keep the current 11-foot setback from the east property line. Community and .Economic Development Director Sobota stated that the City reviews applications for compliance with Zoning Ordinance requirements. The Planning Commission does not have the authority to allow the. nine-foot setback without a variance. Commission. members indicated that they would not support this variance.. The Webers have shown they can redevelop their property and meet the ordinance required ten-foot setback as required in the R-2 and Shoreland Overlay Districts. There were no further comments from the public. 98.141 MOTION by Miller, Second by Kot to close the .public hearing at b:55 p.m. , Roll call vote was called on the motion. Ayes: Kot, Wanner, Rieb, Drotning, Skipton, Miller. Nays: 0. 98.142 MOTION by Drotning, Second by Skipton to recommend to City Council approval of the application of Kurt Weber for a Conditional Use Permit to allow the construction of a detached garage on an existing non-conforming single family dwelling located at 9990 - 199th Street West,. legally described as Lot 18, Block 12, ANTLERS PARK. subject to the six stipulations as Fisted in the August 14, 1998 Planning Report with the addition of Stipulation No. 7 as amended and approval of the Findings of Fact dated August 20, 1998. Roll call vote was called on the motion. Ayes: Wanner, Rieb, Drotning, Skipton, Miller, Kot. Nays: 0. Mr. Alan Brixius, Northwest Associated Consultants, presented a work plan for the residential zoning/performance zoning (R-2A, B, C) study which was authorized by City Regular Planning Commission Meeting Minutes August 20, 1998 Page 7 • Council at their last workshop. The City Council recently discussed the need to examine Beater diversity in the single family zoning districts consistent with the Metropolitan Council's Livable Communities Act goals. Mr. Brixius indicated that the proposed R-2A District would include 100-foot wide lots in environmentally sensitive areas (R-2 District "new rules") and the proposed R-2B District would include 85-foot wide lots in non-environmentally sensitive areas (R-2 District "old rules"). Mr. Brixius provided the Planning Commission with a general outline of the activities that will be pursued and the focus of the study. Once a draft of the study is completed the Commission will be allowed an opportunity to provide detailed input and recommendations at subsequent meetings. The majority of Commission members stated that they were generally opposed to going back to the R-2 District "old rules" 85-foot wide lots. The next Planning Commission Meeting will be held at 6:00 p.m. on Thursday, September 3, 1998. There being no further business, the meeting was adjourned at 7:45 p.m. Resp tfully subm' , onna Quintus, Re ording Secretary ATTEST: Q ` Laurie Rieb, Chair