HomeMy WebLinkAbout10-02-97 City Of Lakeville
PLANNING COMMISSION MEETING MINUTES
• October 2, 1997
The October 2, 1997 Planning Commission meeting was called to order by Chair Rieb at
6:00 p.m. in the City HaII Council Chambers.
Roll calf of members was taken:
Present:. Bellows, Miller, Wanner, Rieb, Amborn, Cecchini, Wulff.
Absent: Kot, Alternate Luick.
Also present: Robert Erickson, City Administrator; Michael Sobota, Community and
Economic Development Director; Frank Dempsey, Associate Planner; Tim
Hanson, Assistant City Engineer;. jim Walston, Assistant City Attorney; and
Donna Quintus, Recording Secretary.
Commissioner Amborn requested the minutes of the September 18, 1997 be amended on
page four, .regarding his reason for a negative vote on the Ocel request for a CUP.
Commissioner Amborn requested the words. "gross impact on in the first sentence be
replaced with"negative affect on home sales in There were no objections.
The minutes of the September 18, 1997 Planning Commission Meeting were approved as
amended.
ITEM 5: PuBUC HEARING: Chart House Restaurant: Conditional Use Permit
• Chair Rieb reconvened the public: hearing continued from the September 18, .1997
Planning Commission meeting for consideration of the application of the Chart House
Restaurant for a conditional use permit (CUP) to allow an impervious surface greater than
25 percent on property located at 11287 Klamath Trail
Associate Planner Franke Dempsey noted that the Planning Commission continued the
public hearing regarding the Chart House Restaurant's application for a Conditional Use
Permit to allow the. applicant an opportunity to address concerns. expressed by the
Environmental Affairs Committee (EAC). On September 16, 1997 the EAC tabled their
review pending revised plans for the pond location and capturing and treatment of runoff
from the existing Chart House parking lot prior to discharge to Kingsley Lake.
The Chart House Restaurant is proposing to increase the size of the parking lotto
accommodate. 36 additional parking stalls for a total of 216 parking spaces provided for the
restaurant use. The proposal for additional parking spaces brings the currentnon-
conforming parking lot closer to the ordinance requirement of 229 parking spaces.
The subject property is located within the Shoreland Overlay District of Kingsley. Lake. The
existing impervious surface area for the Chart House Restaurant is 43% which exceeds the
25% maximum permitted in this zoning district. Construction of the proposed parking lot
expansion will increase-the impervious surface area to 48%. The Zoning Ordinance
permits impervious surface coverage area up to 50% with a CUP subject to certain criteria.
An existing non-conforming house Located on the property will be removed and the
proposed parking area will be constructed in its place. The removal of the house, well and
septic system represents a major reduction in non-conformities within the Shoreland
Overlay District for Kingsley Lake.
Regular Planning Commission Meeting Minutes
October 2, 1997
Page 2
The new parking lot layout includes the reconstruction/realignment of an area of the
• existing parking lot, the realignment of the existing driveway to line up with the entrance to
the Rock Island townhome project, and a relocation of the existing sign to the east.
At their meeting on Tuesday, September 30, 1997.the EAC reviewed the revised drainage
and site plan based on a site visit held with staff and the developer on September 18, 1997.
The EAC was satisfied that their concerns have been adequately addressed and have
recommended approval of the Chart House Shoreland Impact Plan for the Conditional Use
Permit.
The Minnesota Department of Natural Resources {DNR) and Dakota County Sail and Water
Conservation District {DCSWCD) has reviewed the plan and have stated they are not
opposed to the Conditional Use Permit as proposed.
Mr. Frank Schoeben, Chart House Restaurant Manager/Owner, and hack Matasosky, Appro
Development were present and indicated their agreement with the stipulations as outlined
in the September 12, 1997 Planner's Report.
Mr. Matasosky and Mr. Schoeben responded to questions from the Commission and
provided clarification and details regarding proposed curbing and. striping for delineation
of parking and driving aisles,. sign location, and- ingress/egress .and channeling of traffic to
on-site parking areas.
• Assistant City Engineer Tim Hanson provided additional details regarding the pond design
and the three sump catch basins for the new parking area.
97.124 MoTioN by Amborn, Second by Wulff to close the public hearing.
Roll call vote -was called on the motion.
Ayes: Miller,.: Wanner, Rieb, Amborn, Cecchini, Wulff.
Nays: 0.
After further discussion, the Commission concurred that annual maintenance of the sump
catch basins should be added as a condition of the permit and requested an amendment to
3.d) of the proposed Conditional Use Permit should be amended to include the following
sentence: The sump catch basins shall be cleaned annually by the owner."
9.7.125 MoTIoN by Miller, Second by Wulff to recommend to City Council approval of the
application of the Chart House Restaurant for a Conditional Use Permit to allow an
impervious surface area exceeding twenty-five (25) percent in a B-4, General Business
District within the Shoreland Overlay District of Kingsley Lake and to allow the expansion
of an existing parking lot on property located at 11287 Klamath Trail subject to the
stipulations as outlined in the September 12, 1997 Planner's Report, as amended, and in
accordance with the Findings of fact dated Oetober 2, 1997.
Roll call vote was called on the motion.
Ayes: Wanner, Rieb, Amborn, Cecchini, Wulff, Miller.
• Nays: 0.
The Commission agreed to suspend the regular order of the agenda for the October 2,
1997 Planning Commission Meeting and hear Agenda Item No. 7 at this time to
accommodate those in attendance regarding this public hearing.
Regular Planning Commission Meeting Minutes
October 2, 1997
Page 3
• ITEM. 7: PUBLIC HEARING: Michael Van Boxel: Conditional Use Permit
Chair Rieb opened the public hearing for consideration of the application of Michael Van
Boxel for a conditional use permit to allow: 1 } a second curb-cut access; 2} an accessory
building height greater than 15 feet. in the R-2, Single Family Residential. District; and 3)
placement of fill within the flood fringe, all on property located at 16695 Gerdine Path.
Assistant City Attorney )im Walston attested that the legal notices had been duly published
as required by state statute.
Associate Planner .Frank Dempsey presented an overview of the request from Mr. Michael
Van Boxer for a conditional usepermit to allow him to construct a 30' x 26' detached
accessory structure/garage and new driveway access on his earner lot located at 16695
Gerdine Path, legally described as Lot 11, Block 5, Donnay's College Park. The subject
property is zoned R-2, Single Fami y District and lies within-the Shoreland Overlay District
of North Creek andthe North Creek Flood Fringe.
Associate Planner Dempsey indicated that, in reviewing a survey of the property, staff had
identified two non-conforming conditions on the subject property. The survey shows that
the elevation of the lowest floor. (not basement} of the existing house is at a 943.0-foot
elevation. Building within the flood fringe of the North Creek drainageway is acceptable
provided the first floor elevation is one foot above the 100-year flood elevation and a 15-
footbuffer adjacent to the building that is at or above the flood elevation of 943.0 feet.
The survey submitted by he applicant identifies the proposed structure'sfirstfloor at an
• elevation of 944.0 feet which meets minimum ordinance requirements and is necessary for
building permit issuance. To achieve this elevation, fill must be brought in to the site..
Therefore, the placement of fill on the subject property which is within the flood fringe is a
component of the Conditional Use Permit.
The Department of Natural Resources has indicated they are not opposed to the proposed-
conditional use permit provided the proposed garage is constructed according to City staff.
recommendations.
Dempsey also noted that the survey of the subject property identified an existing hedge
located within the public right-of-way adjacent to the curb along both streets that front the
subject lot. In a site visit, staff determined that it was a safety hazard and should be
removed. As of this date, the non-conforming hedge has been removed from the property
and is no longer an issue ofithis CUP application.
Associate Planner Dempsey noted that there is an existing attached garage with a driveway
that accesses onto Gerdine Path. Mr. Van Boxel is proposing to construct a new driveway.
from the proposed detached structure that will access off Genesee Avenue. The City
Engineer has reviewed the proposed driveway location and has indicated it is in
compliance with driveway spacing guidelines established in the zoning ordinance.
Associate Planner Dempsey Hated that staff's review of the building plans indicated a
building height of 15.5 feet. Mr. Van Boxer and his contractor were present and indicated
• that the proposed building height will not exceed the allowed 15-foot height ordinance
requirement for the R-2 Qistrict.
Mr. Michael Van Boxel indicated he was in agreement to the conditions for approval as
listed in the Planner's Report dated September 26,.1997. However, Mr. Van Boxel's
Regular Planning Commission Meeting Minutes
October 2, 1997
Page 4
contractor, from Sussel Garage, was also in attendance and requested clarification
• regarding the requirement for meeting the 943.0-foot elevation for the proposed structure
and 15-foot area around the garage.
Lengthy discussion continued regarding proposals for alternate construction techniques to
meet minimum elevation requirements as mandated by the zoning ordinance. Staff
responded that alternative methods proposed by the contractor to meet the elevation
requirements must be reviewed and approved by the City's Building Official.
There were no comments from the audience.
97.126 MoTroN by Wanner,. Second by Amborn to close the public hearing.
Roll call vote was called on the motion.
Ayes: 'Rieb, Amborn, Cecchini, Wulff, Miller, Wanner.
Nays: 0.
The Planning Commission concurred that the draft Conditional Use Permit be amended by
omitting the original request for an accessory building in excess of 15 feet in height and
that proposed.Condition 3.c) be revised to read 15 feet instead of 15.5 feet.
Community and Economic Development Director Sobota informed Mr. Van Boxel that any
construction redesign or modification must be reviewed and approved by the. City's
Building Official prior to City Council consideration of the conditional use permit.
•
97.127 MOTION by Wulff, Second by Amborn to recommend to City Council approval of the
application of Mr. Michael Van Boxel fora Conditional Use Permit,. as amended, to allow:
1) a second driveway curb-cut access ;.and 2) placement of fill within the flood fringe to
bring the first floor elevation of a proposed detached garage into compliance with
ordinance requirements subject to the five stipulations as recommended in the September
26, 1997 Planner`s Report and in compliance with the Findings of Fact dated October 2,
1997.
Roll call vote was called on the motion.
Ayes: Amborn, Cecchini, Wulff, Miller, Wanner, Rieb.
Nays: 0.
ITEM 6s PUBUC HEARING: Zoning Ordinance Amendments
Chair Rieb opened the public hearing for consideration of the application of the City of
.Lakeville far amendments to Ordinance No. 167, the Lakeville Zoning Ordinance,
concerning : 1) pet shops; 2) manufactured housing parks; and 3) interim use permits.
Assistant City Attorney )im Walston attested that the legal notices had been duly published
as required by state statute.
Community and Economic Development Director Michael Sobota indicated that Northwest
Associated Consultants (NAC) have drafted language for a proposed amendment to the
• Lakeville Zoning Ordinance that would allow pet shops in the B-4, General Business
District and CBD-C, Central Business District-Commercial District.
Planning Commission discussion included the following: 1} animal breeding; 2) health
certifications: 3) state and federal licensing requirements; 4) transport of animals; 5)
whether permitted animals be listed specifically; 6) regulations for animal shelters; and 7}
Regular Planning Commission Meeting Minutes
October 2, 1997
Page 5
conditions for pet shop owners in accepting animals for re-sale. Sobota recommended
• tabling the-pet shop ordinance amendments and indicated that staff will forward Planning
Commission comments regarding the proposed pet shop ordinance amendment to NAC
for their review and clarification.
Mr. Sobota indicated that NAC was unable to meet the deadline for submittal of draft
ordinance: proposals far the manufactured housing parks and interim use permits for this
meeting. Community and Economic Development staff recommends continuing the public
hearing until the next meeting to allow NAC additional time to ..present proposed.
ordinances regarding these issues.
97.128 MoTioN by Miller, Second by Wulff to continue the public hearing for proposed Lakeville
Zoning Ordinance amendments regarding pet shops, manufactured housing parks, and
interim use. permits at the October 16, 1997 regular Planning Commission meeting.
Roll call vote wascalled on the motion.
Ayes: Cecchin, Wulff, Miller, Wanner, Rieb, Amborn.
Nays: 0.
The nextP tinning Commission Meeting will be held at 6:00 p.m. on Thursday, October
16, 1997.
There berng no further business, the meeting was adjourned at 7:30 p.m.
Respectfully submitt ,
onna Quintus, Re rding Secretary
ATTEST:
rie Rieb, Chair