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HomeMy WebLinkAbout09-04-97 City Of Lakeville PLANNING COMMISSIQN MEETING MINUTES September 4, 1997 The September 4, 1997 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: Bellows, Miller, Wanner, Rieb, Ambom, Cecchini, Wulff {Commissioner Kot arrived at 6;30 p.m.). Absent: Alternate Member Luick. Also present: Robert Erickson, City Administrator; Michael Sobota, Community and .Economic Development Director; Frank Dempsey, Associate Planner; Jim Walston, Assistant City Attorney; and Donna Quintus, Recording Secretary. The minutes of the August 21, 1997 :Planning Commission Meeting were approved as printed. ITEM 5 PUBLIC HEARING: Patricia Ziniel: Special Home Occupation Permit Chair Rieb opened the public hearing #o consider the application of Patricia Ziniel fora. Special Home Occupation Permit. Assistant City Attorney Jim Walston attested that the legal • notice had been duly published and mailed as required by state statute. Associate Planner Frank Dempsey presented an overview of the application submitted by Patricia Ziniel for a Speciat Home Occupation Permit for the purpose of operating a hair salon out of her home located at 17453 Hayes Avenue. The property is zoned R-2, Single Family Residential District and a ..hair salon is an allowed use via a Special Home Occupation Permit. Associate Planner Dempsey presen#ed an overview of the details of the proposed hair salon operation as outlined in the August 29, 1997 Planner's Report, Ms. Ziniel indicated that she is not proposing a sign at this time. Staff noted that should the applicanf decide to install a sign in tMe future, an amendment to the permit would be required. Community and Economic Development staff recommends approval of the Special Mome Occupation Permit as requested provided Ms. Ziniel operates the hair salon as described in her application. Ms. Ziniel responded to questions from.. the Commission regarding the operation of the proposed hair salon. Ms. Ziniel indicated .her agreement to the staff recommended conditions for approval as listed in the August 29.,.1997 Planner's Report. There was no public comment. 97.115 MorloN by Miller, Second by Wanner to close the public hearing. doll call vote was called on the motion. Ayes: Miller, Wanner, Rieb, Amborn, Cecchini, Wulff. Nays:. 0. Regular Planning Commission Meeting Minutes September 4, 1997 Page 2 • 97.116 MorioN by Wulff, Second by Miller to recommend to City Council approval of the Special Home Occupation Permit for Patricia Ziniel for the operation of a hair salon at her residence located at 17453 Hayes Avenue subject to the stipulations as listed in the August 29, 1997 Planner's Report and in accordance with the Findings of Fact dated September 4, 1997. Roll call vote was called on the motion. Ayes: Wanner, Rieb, Amborn, Cecchinli, Wulff, Miller. Nays: 0. ITEM 6: PUBLIC HEn?RrNC3: Jil Ocel: Conditional Use Permit Chair Rieb opened the public hearingto consider the application of Jil Ocel for a conditional use permit. Assistant City Attorney Jim Walston attested that the legal notice .had been duly published as .required by state statute. AssociatePlannerFravk Dempsey presented anoverview of the application from Jil Ocel for a conditional use permit to allow her to keep non-domestic animals in her home located at 17113 Frazer Path. Ms. Orel currently ,presents educational wildlife and environmental programs for Knott's Camp Snoopy/Mall of America. Wilderness Wildlife Show. The area currently housing the birds, reptiles, and mammals at the Knott's Camp Snoopy site is being eliminated; .therefore, Ms. Ocel is requesting a Conditional Use Permit to provide housing for the animals in her residence. • Planner Dempsey indicated that the ten animals proposed to be kept by Ms. Ocel are not. specifically identified in Section 11-17-1 of the Zoning Ordinance as animals that may be kept as a permitted use. The keeping of animals other than those specifically listed require a conditional use permit subject to criteria as defined in the ordinance, Planner Dempsey noted that the Planning Commission held an informal discussion regarding Ms. OcePs proposal for the keeping of non-domestic animals at their August 7, 1997. meeting. Ms. OceF has submitted a written outline responding to the Planning Commission's questions and concerns raised during that informal discussion. Ms. Ocel's correspondence included details with regard to methods/procedures for transporting the animals, security and containment of the animals, types of animals and their replacement, and. behavioral characteristics. of pythons. Associate Planner Dempsey indicated that, in conjunction with their request for a conditional use permit, Matthew and Jil Ocel have submitted an application for a building permit to construct an addition onto .the east side of the. existing garage for the purpose of housing the animals. The proposed garage addition would .meet minimum setback requirements for the R 2, Single Family Residential District and can be used as residential storage area in the future when the proposed use is discontinued. Commissioner Kot arrived. at 6:30 p.m. Matthew and Jl Orel indicated general agreement to the conditions recommended by staff • for the approval of the conditional use permit, with some modification o the contingencies. Ms. Orel noted her memos to City staff dated September 2, 1997 and September 4, 1997 requesting modifications to the conditions listed in the Planner's. Report regarding the following: Regular Planning Commission Meeting Minutes September 4, 1997 Page 3 • : Replacement of animals that have died: Ms. Orel stated she would like to have the flexibility to replace animals wifh animals that may not be the same or similar to those which have died and suggested this could be regulated based on written notitcation and prior approval by the City before acceptance of the animal. • Addition of a second python to the list of approved animals: Ms. Ocel indicated that original plans to place one of two Burmese Pythons with a reptile specialist have changed and she would like to add the second snake onto staffs list of proposed approved animals. Lengthy discussion ensued with the Planning Commission requesting details and clarification regarding construction elements of the proposed addition, including security locks, heatlventilation design, fire. wall construction,. and access/egress to and from the animal containment area to the house, as well as outside. Discussion also included a detailed description of the proposed home occupation, specifics of the character/temperamentsnd containment of the varied non-domestic/exotic animals,. and responsibilities, credentials, and licensing of the applicant. Associate Planner Frank Dempsey noted that staff received written correspondence from Ms. Erica Salo, 17091 Frazer Path, and: Pam and Jim Hobson, 17105 Frazer Path, expressing support for Jil and Matt Ocel's proposal for an addition to theirhome for the purpose of .providing care and shelter of the non-domestic animals. The Commission acknowledged • receipt of the correspondence and requested they become a part of the permanent record for this public hearing. Ms. Irene Sherer, 17106 Forbes Court, stated that she initially had no concerns regarding the proposed conditional use permit. However, she recently teamed of Ms. Dcel's proposal to include a python as one of the non-domestic animals. Ms. Sherer s#ated that upon hearing this. she informed her immediate neighbors of this request and they expressed to her that they were opposed to the approval of a conditional use permit that would allow the Ocels to provide housing fora .python. Ms. Sherer indicated that she did not feel it was appropriate to allow snakes to be housed in a residential neighbofiood. Ms. Sherer also expressed concern that Ms. OcePs latest request to house an additional python is an indication of future requests for expansion of the home occupation. Ms. Sherer further expressed her belief thatthe notification to the area residents should have included a list of the animals Ms. 4cel proposed to fiouse. Ms. Sherer stated her opinion that there would have been considerable more neighborhood response if they had been aware of the request to house. snakes. Assistant City Attorney Walston suggested that Ms. Ocel consider hosting a neighborhood meeting for the purpose of informing-the surrounding residents of the details of this proposal. An informal neighbofiood meeting would allow Ms. Orel to provide an awareness and. understanding of the animals she is requesting to shelter within her residence. • There was no further comments from the public. Regular Planning Commission Meeting Minutes September 4, 1997 Page 4 • Discussion continued. The Commissioners concurred that revisions should be made to the conditions of the permit and directed City staff to research and recommend additional conditions to the permit regarding the following: 1) Inclusion of additional construction safety features regarding window screening and automatic door closures; 2) Compliance with heating, ventilation, and air conditioning (HVAC) State Codes; 3) Specific emergency response procedures and a system that alerts emergency personnel to the types of animals that occupy the premises;. 4) Inclusion of a requirement that the .operator hold a current USDA license for the handling of mammals and a current U.S. Fish and Wildlife Service Educational Permit for the Great Homed Owl and Harris' Hawk and, further, that revocation of one or both of these permits invalidates the City's conditional use permit; and 5) failure to meet any of the terms of a City of Lakeville Conditional Use Permit renders the permit null and vaid. Ms. Orel indicated agreement. to host a neighborhood meeting and consented to the recommendation that consideration of the requested conditional use permit be extended until the next Planning Commission meeting. 97.117 MorroN by Ambom, Second by Wulff to continue the public hearing for the application of Jil Ocel for a conditional use permit to the September 18, 4997 Planning Commission meeting. Roll call vote was called on the motion. Ayes:. Wanner, Rieb, Amborn, Cecchini, Wulff, Miller, Kota Nays: 0. ITEM 7: PUBLIC HEARING: Lawrence Ganse.: Variance Chair Rieb opened the public hearing to consider the application of Mr. Lawrence Ganse for a building setback variance from the Ordinary High Water Level (OHWL) of Lake Marion. Assistant City Attorney Jim Walston attested that the legal notices :had been duly published. and mailed as required by state statute. Associate Planner Frank Dempsey presented an overview of the details of an application submitted by Mr. Lawrence Ganse for a variance to allow the construction of a 312-square foot addition onto his existing non-conforming single family dwelling located at 19131 Orchard Trail. The property is zoned R-2, Single Family Residential District and lies within the Shoreland Overiay bistrict of Lake Marion and is, therefore, subject to those regulations. Associate Planner Dempsey indicated that the proposed addition to the Ganse residence does not impact existing setback conditions on the property. However, Dempsey discussed two non-conformities currently existing on the site which include: 1) the existing house, deck, and proposed addition do not meet the 75-foot setback requirement to the Lake Marion OHWL; and 2) an existing detached storage shed does not meet the 75-foot setback requirement to the OHWL. Associate Planner Dempseynoted that staff has recommended revisions to Mr. Ganse's proposal. that would minimize existing non-conformities on the site and bring the property into closer conformance with current Zoning Ordinance standards. Staff recommends the Regular Planning Commission Meeting Minutes September 4, 1997 Page 5 • removal of the existing non-conforming shed, four feet perimeter of the non-confom~ing deck reducing the deck to eight feet wide, and a bituminous driveway turnaround located within the 75-foot setback area. Staff is also recommending the planting of one 2-inch caliper tree near the northwest comer of the .proposed building. addition. Mr. Lawrence Ganse indicated he has agreed to staffs recommendations to remove the freestanding storage shed, the bituminous driveway turnaround that currently exists within the 75-foot setback, and the planting of a tree.. However, Mr. Ganse expressed reluctance to remove four feet off the entire length of his 12 foot deck and requested Planning Commission's consideration to allow the deck to remain as it currently exists. Mr. Ganse .expressed his desire to maintain the deck in its existing state because he believes the deck is .complementary to and represents an enhancement of the unique architectural design of the existing home. Mr. Ganse introduced. his contractor Mr. John Ranheim to discuss the impacts that will occur should the deck be remodeled as recommended by staff. Mr. Ranheim, 3675 Canary Way, Eagan, MN, stated: that he has put together a .bid proposal for Mr. Ganse's proposed. addition to his home and has determined that a reconfiguration of the existing deck as recommended by City staff would increase the .overall project cost by 40%. Mr. Ranheim indicated that, in most cities, the remodeling of an existing deck triggers a requirement to bring the existing deck structure up to current building code standards. In Mr. Ganse's case, this would involve the replacement ofi the existing railing which represents a significant portion of the project cost.. • Mr. Ranheim indicated that new footin s would have to be .constructed to su ort the resized 9 pp deck. Mr. Ranheim stated his :opinion that installation of new footings would require the use of heavy equipment which could potentially have a negative impact on existing landscaping/vegetation and grade of the property. Commissioner Wanner expressed her concern regarding potential environmental impacts caused by equipment required to reduce the width of the deck by four feet. Commissioner Wanner questioned whether a requirement for complete .removal of the approximate 44 lineal feet of "catwalk" deck section located along the east side of the house would be consistent with City policy and adequately satisfy the City's goal. to reduce existing non-conformities. Community and Economic Development Director Michael Sobota noted that Commissioner Warmer's suggestion would address a portion of the existing nonconforming deck where encroachment into the setback area is at its greatest. Sobota added that the City's building official would determine whether removal of the "catwalkU only would. require compliance with current. building code for the entire deck. Commissioner Miller indicated he would support the removal of the "catwalk" along the easterly side of the home; however, he recommended that a "triangle".section located at the northeasterly comer of the 12-foot wide deck be required. Commissioner Wulff concurred with Commissioner Miller's suggestion noting that this would be consistent with the removal of • the catwalk and reduce all encroachments along. the easterly portion of the home. Ms. Nancy Smith, 19127 Orchard Trail, expressed. support for Mr. Ganse's request for a variance. Ms. Smith noted that the existing 12-foot wide deck along the northerly portion of the home is consistent with the design of the home and removal of a triangular portion of the Regular Planning Commission Meeting Minutes September 4, 1997 Page 6 • existing deck would have a negative impact on the aesthetics of the home. Ms. Smith indicated that the entire neighborhood has existing non-conformities due to the previous regulations under which it was developed and current homeowners should not be discouraged from making improvements totheir property by requiring conformance to current ordinances at the expense of good design. There were no further comments from the public. 97.118 MorioN by Cecchini, Second by Amborn to close the public hearing. RoN call vote was called on the motion. Ayes: Rieb, .Amborn, Cecchini, Wulff, Miller, Kot, Wanner. Nays: 0. Chair Rieb indicated her support for removal of only the "catwalk" deck :area long the east side of the home stating her belief that this was a reasonable compromise in consideration of the requested 312-square foot home addition. Chair Rieb noted she did not feel that the proposal for removal of a triangular portion of the deck should be a part of the Planning Commission recommendation. Commissioners Wanner and Kot stated agreement that Chair Rieb's recommendation is consistentwith City policy in that it reduces existing non-conformities at their greatest encroachment to the Lake Marion OHWL and represents minimum impact to environmental concerns and aesthetics of the subject property. Commissioner Amborn stated his opinion that removal of the northeast triangular deck section would negatively impact the aesthetics of the home. Community and Economic Development Director Sobota advised Mr. Ganse that if it is his intention to relocate the existing bituminous hammerhead turnaround driveway outside of the 75-foot OHWL setback a revised survey will be required showing the new location must be submitted prior to City Council actionon the variance request. 97.119 MOTION by Kot, Second by Wanner to recommend to City Council approval of a building setback variance from the Ordinary High Water Level. of Lake Marion to allow. construction of an additiononto an existing non.-conforming single family dwelling located on Lot 3, Block 4, Bassett's Second Addition (19131 Orchard Trail) subject to the seven stipulations as listed in the August 29, 1997 Planner's Report with modification to Stipulation No. 2 to reflect that only the "catwalk" portion o€ the deck along the easterly side of the home shall be removed, and the Planning Commission finds in favor of the variance in accordance with the Findings of Fact and Recommendation .dated September 4, .1997. Roll call vote was called on the motion. Ayes: Kot, Wanner, :Rieb, Amborn. Nays:. Cecchini, Wulff, Miller, • Commissioner Cecchini indicated his negative vote was based on his understanding that the site-plan for the requested variance indicates anon-conformity of the setbacks from the Ordinary High Water Level on bath the east and west sides of the existing home. and, because several non-conformities currently exist in this older neighborhood where future variance requests are inevitable resulting in a proliferation of exceptions, the City should Regular Planning Commission Meeting Minutes Sep#ember 4, 1997 Page 7 • strove. to achieve maximum ordinance conformity of properties in the Shoreland Overlay District when reviewing variance requests to ensure minimum impact on surface or ground water. supplies. Commissioner Wulff concurred with Commissioner Cecchini rationale and added that the proposed condition for approval of the variance does not address that part of the deck that encroaches closest to Lake Marion. Commissioner Miller concurred with Commissioners. Cecchini and Wulff. MOTION carried by 4 to 3 vote. Community and Economic Development Director Michael. Sobota recommended a rescheduling. of the Planning Commission regular .meeting dates for Octoberto be more in sink with the Environmental Affairs and Parks and Recreation Advisory Committee meetings. The Commissioners agreed to a rescheduling of the regular Planning Commission. meetings in October as recommended. The October schedule for regular meetings of the Planning Commission will be Thursday, October 9, 1997 and Thursday, October 23, 1997. There being no further business, the meeting was adjourned at 8:30 p.rn. Respe Ily submitted, onna :Quintus, Recor rng Secretary ATTEST: Laurie Rieb, Chair • _s • 9/2J97 Dear Frank: Thsnk you for. the Planning Report for the Public IIeariug on September 4, 1997. After reading through the material, I wanted to request an amendment to the "Conditions" portion of the Conditional Use Permit. If I was to be granted the Conditional Use permit, T would like to request an additional stipulation under 3. c) regarding .animals that die • being replaced. If the situation would arise, I would lie the opportunity to accept an animal donation (Ilke an Iguana or other small animal) with the understanding that the Planning Committee would be notified of the request in wri~t3ng beforehand. This was how our permitslliceasing was handled at the Mall of America; and I feel that h worked out nicely for everyone fnvolved. There was never a situation questionable in the S years of animal acquis'~tions at Knott's Camp Snoopy. Again, I am not refen~ing to a large, "dangerous" aninaaL This would allow some fte~dbility far me, rather than being restricted to only the 10 animals listed in the Staff Analysis. Please consider this thought as I am .trying to be pro-active in my plans, and want to work with the City of Lakeville to make this a positive venture without undue concern. .Sincerely, ~ . JiI AZ. Ocel SEP-02-199? 1204 612 883 8683 P.02 a i~ 9/4!97 Dear Prang I have another update regarding animal placement. There is one addldonal animal at Knott's ~P ~~PY that I had intended to place with a reptile specialist back in July when we started this project. I was notified yesterday that thus individual's need for the animal was filled with another reptiles Currently, there are 2 Burmese Pythons housed together at the Mall. We received them as unwanted pets .back at Grand Opening.. We had both so that we could rotate them for programming when one was being fed or in shed. This process ran take up to 2 weeks every few months, and during that time, the snake is not usable. After furthcs thought on this, and with the situation changing with the intended home for this animal, I would like to request adding the second snake to the Sraff Analysis list. I feel this would be the best scenario for the following reasons: 1) I have checked info placement options for this particuar reptile, and at this point in time • nobody is intPaested in adopting the animal. 2) I .have had the 2 pythons under my care far. the past 5 years with smooth operation and successful programming. 3) This snake is important to my particular program far the same reasons we-had 2 pythons at the Mall. I would litre to be able w have the option to continue to case for the python. .Please consider this request, and add this to my file for our meeting tonight. Again, thank you for all of your assistance during this project. warm Regards, _ Jil. M. Ocel SEP-04-199? 12.04 612 883 8683 P•~ Lawrence Ganse: Variance (1913 Orchard Trail) Public Hearing 9-4-97 .:Name Please Print .Street Address Please Print Phone No. ~ ; ~ D(~ - ' ~ ~c~ 3 - off' .