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HomeMy WebLinkAbout05-08-97 City Of Lakeville PLANNING COMMISSION MEETING MINUTES May 8, 1997. The 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, Alternate Member Luick, Rieb, Amborn, Cecchini and ex-officio member Bellows. Absent: Wulff. Also present: Robert Erickson, City Administrator; Michael Sobota, Community and Economic Development Director; Daryl Morey, City Planner; Frank Dempsey, Associate Planner;. Tim Hanson, Assistant City Engineer; Jim Walston, Assistant City Attorney; .and Donna Quintus, Recording Secretary. The minutes of the April 17, 1997. Planning Commission meeting were approved as printed. ITEM 4: ANNOLTNGEMENTS: Community and Economic Development Director Michael Sobota advised the Commission that the spokesperson for the Lake Villa Golf Estates neighborhood has • requested that the public hearing continued from the last Planning Commission meeting for the Lake Villa Golf Estates 9th Addition be pushed to later in this evening's agenda due to his inability to attend until 7:30 p.m. The Commissioner's agreed to this modification to the agenda. ITEM 6: M ...R F M .Y TH .AT F. FINA . P .AT: Muller Family Theatres, Inc. has submitted an application for the final plat for the proposed Muller Family Theatre: Addition. This development proposal involves the replatting of Outlot C, Lakeville Commerce Center, a 13.62-acre commercial site located in the southwest corner of 205th Street and Keokuk Avenue. The subject property is proposed for development of an 18-screen movie theater which is a permitted use with the current B-4, General Business District zoning and is consistent with the Comprehensive Plan's general land use designation. The subject property is located within the 2000 MUSA. The proposed Muller Family. Theatre Addition consists of one lot and one block. Lot area and lot width greatly exceed the minimum ordinance requirements of 10,000 square feet lot area and 100 feet lot width. The City Transportation Plan requires no additional.. right-of--way with this final plat. The Parks and Recreation Committee has recommended a cash contribution to satisfy the park and trail dedication requirements. The En ineer's Re ort dated Ma 2 1997 also rovides it r g p y p a Beta ed eview of the utilities, drainage and grading, and erosion control plans. Regular Plaruung Commission Meeting Minutes May 8, 1997 Page 2 • Community and Economic Development Department staff recommends approval of the Muller Family Theatre Addition final plat with the stipulations listed in the Planner's Report dated May 2, 1997. MULLER THEATRE SITE PLAN Associate Planner Frank Dempsey presented an overview of the Muller. Family Theatres' site plan for the proposed construction of an 18-screen movie theater. Dempsey indicated that the design of the final site plan is based on comments and suggestions provided to the developer by area residents at two previously held neighborhood meetings. Dempsey presented an overview of the site plan as it pertains to the zoning ordinance including discussion of site lighting, signage, screening/landscaping and trash storage area. Proposed building setbacks and parking requirements meet or exceed ordinance requirements. Community and Economic Development Department staff have determined that the site plan for the Muller Theatre is consistent with the City's Zoning and Subdivision Ordinance. Assistant. City Engineer Tim Hanson provided details regarding existing street configuration, proposed ingress/egress locations, on-site traffic circulation, and. proposed street/intersection improvements which are outlined in the Assistant City Engineer's Report dated May 2, 1997. At the request of City staff the City's traffic consultant, SRF Consulting Group, Inc., completed a traffic study. Using trip generation estimates, directional trip distribution, and traffic forecasts for the proposed development SRF recommended interim improvements for the existing roadway system which included left and right turn lanes, center turn lanes, striping, and "no parking" being .posted on Keokuk Avenue. Muller Family Theatre representatives indicated their agreement to the stipulations recommended by staff for approval of the Muller Family Theatre Addition.. Jeff Rudin, project architect from Ellerbe Becket, gave a brief presentation of the elevations of the proposed theater structure and answered questions from the Commission regarding building and parking lot details. There were no comments from the audience. 97.54 MOTION by Amborn, Second by Cecchini to recommend to City Council approval. of the Muller Theatre Addition final plat subject to the four stipulations recommended by staff as listed in the Planner's. Report dated May 2, 1997: Roll call vote was called on the motion. • Ayes: Miller, Luick, Rieb, Amborn, Cecchini. Nays: 0. Regular Planning Commission Meeting Minutes May 8, 1997 Page 3 ITEM 7: PUBLIC HEARING: HARRiS A R ; Chair Rieb opened the public hearing to consider the application for the preliminary plat of Harris Acres. Assistant City Attorney Jim Walston attested that the legal notice had been duly published and mailed as required by state statute. PRELIMINARY PLAT .City Planner Daryl Morey provided an overview of the application from Country Joe, Inc. for the Harris Acres preliminary plat. The Harris Acres preliminary plat consists of 78 single family residential lots on 41.6 acres of land located on the south side of 170th Street, east of Fieldcrest Avenue. The proposed subdivision includesthe platting of an existing metes and bounds parcel as well as Outlot B, Meadow Brook Third Addition. The subject property is zoned R-2, Single Family Residential District with the southerly portion lying within the Shoreland Overlay District for North Creek. The subdivision is consistent with the City's Comprehensive Land Use Plan for low density single family residential development and is within the 2000 MUSA. Mr. Morey provided details regarding outlots, setbacks, street configuration, landscaping abutting 170th Street, plat identification signs, tree preservation, wetlands, and parksJtrails. The developer is proposing to install a trail segment from the existing trail located on the north side of North Creek, along the east side of Lot 13, Block 3, and east along Fairmeadow Way to the east plat boundary. This trail will be extended to the east through the Bester property to North Trail Elementary School when the Bester property develops. The Environmental Affairs Committee reviewed the Harris Acres preliminary plat at their May 6, 1997 meeting and recommended approval of the preliminary grading, drainage, erosion control, tree preservation and wetland plans subject to the conditions listed in the May 2, 1997 Assistant City Engineer's Report and the May 5, 1997 Dakota County Soil & Water Conservation District report. At their May 7, 1997 meeting the Parks and Recreation Committee reviewed the Harris Acres preliminary plat and recommended a cash contribution to satisfy the park and trail dedication requirements for. Harris Acres. Mr. Bob Wiegert, Paramount Engineering & Design, was present and indicated that the developer is in agreement with the stipulations recommended by staff for approval of the Harris Acres preliminary plat. Mr. Wiegert responded to questions from the Commission regarding the proposed plat. Assistant City Engineer Tim Hanson indicated that the proposed grading plan for Harris Acres is based on the proposed amendment to the preliminary FEMA flood plain map. The FEMA map. and proposed amendment are currently being reviewed by FEMA and staff anticipates that the new FEMA map will be adopted .within the next few months. The entire preliminary plat of Harris Acres cannot be final platted until ' the FEMA map is adopted consistent with the elevation proposed for this subdivision. Regular Planning Commission Meeting Minutes May 8, 1997 Page 4 • Hams Acres :could be developed in two phases. The portion of the preliminary plat that does not abut the current flood plain could be final platted first and the portion of the preliminary plat abutting the flood plain could be final platted after the new FEMA map is approved. Chair Rieb opened the hearing to the public for comment. Craig Wilcox, 17240 Fieldcrest Avenue, indicated that he lives on a lot in Meadow Brook Second Addition that is contiguous to proposed OutlotB, Harris Acres. He requested clarification of the proposed grading of this outlot for a storm water retention pond and what, if any, impact it will have on his property. Assistant City Engineer Hanson responded. There were no further comments, from the audience. 97.55 MOTION by Miller, Second by Amborn to close the public hearing. Roll call vote was Galled on the motion. Ayes: Luick, Rieb, Amborn, Cecchini, Miller. Nays: 0. Commissioner Amborn requested information regarding fill that is proposed for some of the lots and suggested that he would like an added condition for approval that would require notification to potential buyers of lots as to whether fill has been placed on the lot to achieve. final grade. The Commissioners agreed. The Commission discussed driveway access for lots located at the intersection of 170th Street and Fairhaven Avenue. The Commission concurred that driveway access should be off of Fairmeadow Way and that a driveway turnarounds should be provided for Lots 1 and 2, Block 1. 97.56 MOTION by Miller, Second by Luick to recommend to City Council approval of the preliminary plat for Harris Acres subject to the 17 stipulations recommended by staff and listed in the Planner's Repart dated May 2, 1997 with the following modifications: 1) A revision to Stipulation No. 10 to read as follows: "A driveway turnaround shall be provided for Lots 1 and 2, Block 1. driveway access for Lot 1, Block 2 shall be o, f, J`'of Fairmeadow Way. " 2) Addition of Stipulation No. 18 to read as follows: "The developer shall identify any lots in which the footings would be placed on fill and this information shall be provided to the buyers of subject lots. Roll call vote was called an the motion. Ayes: Rieb, Amborn, Cecchini, Miller, Luick. Nays: 0. I Regular Planning Commission Meeting Minutes May 8, 1997 Page 5 ITEM 8: PUBLIC HEARING: KnvCSWOOD F.cTAT . RF.7.nNIN ; .Chair Rieb opened the public hearing to consider the application of the City of Lakeville to rezone properties in the Kingswood Estates subdivision from R-A, Single Family Residential -Agricultural District to R-1, Low Density Single Family Residential District. Assistant City Attorney Jim Walston attested that the legal notice had been duly published .and mailed as required by state statute. Associate Planner Dempsey provided an overview of the City of Lakeville's request for a rezoning of property in the Kingswood Estates subdivision located on Klamath Trail and Kingswood Drive. The area proposed to be rezoned consists of 15 lots and one outlot located in the northern portion of Kingswood Estates. These lots are currently zoned R-A District which requires a minimum lot size often acres. These lots are currently nonconforming in terms of minimum lot area and lot width requirements for the R-A District The southerly portion of this subdivision is zoned R-1, Low Density Single Family Residential District. The City Council has approved a feasibility report and authorization for the preparation of plans and specifications for the. installation of City sanitary sewer and water in the Kingswood Estates subdivision. A neighborhood meeting was held on April 10, 1997 and the rezoning was. discussed. The property owners indicated their agreement to the proposed rezoning. and also signed a waiver of assessment appeal for the City project which is anticipated to begin this summer. Community and Economic Development Department staff have determined that this request is consistent with the City's Comprehensive. Plan and that the rezoning will bring the existing R-A lots into compliance with minimum lot requirement standards of the R- 1District. Therefore, staff recommends- approval of the rezoning request. There was no public comment from the audience. 97.57 MOTION by Cecchini, Second by Amborn to close the public hearing. Roll call vote was called on the motion. Ayes: Amborn, Cecchini, Miller, Luick, Rieb. Nays:. 0. 97.58. MOTION by Cecchini, Second by Amborn to recommend to City Council approval of the City of Lakeville request to rezone Lots 1-10, Block 1, Lots 1-5, Block.2, and Outlot A, Kingswood Estates from R-A, Single Family Agricultural Residential .District to R-l, Low Density Residential District in accordance with the findings of fact dated May 8, 1997. Roll call vote was. called on the. motion. Ayes: Cecchini, Miller, Luick, Rieb, Amborn. Nays: 0. Regular Planning Commission Meeting Minutes May 8, 1997 Page 6 Chair Rieb called or a short recess. The Ma 8 1997 Plannirt Commission meeti .f y . g ng was reconvened at 7:45 p.m. ITEM 5: PUBLIC HEARING (continued from Q-17-97PCMeeting): j.AxF V ..A Tn .F Chair Rieb reconvened the public hearing continued from the April 17, 1997 Planning Commission meeting to consider the applications of Fortune Realty, Inc. for: 1} a rezoning from R-S, Single and Two Family, Medium Density Residential District to PUD, Planned Unit Development District; and 2) the preliminary plat for Lake Villa Golf Estates 9th Addition. This hearing was continued to allow the developer time to meet with area residents in the neighborhood to address concerns raised at the Planning Commission and neighborhood meetings held on April 17th. City Planner Daryl Morey indicated that on May 6, 1997 City Administrator Bob Erickson, developer Byron Watschke, and builder Terry Mauer met with representatives of the Lake Villa Golf Estates neighborhood regarding the proposed Lake Villa Golf Estates 9th Addition development. A tentative understanding was reached regarding the issues and concerns of the area residents. Mr. Carl Dale, project planner, discussed the details of this understanding which addressed concerns of the residents, including the following: ~ cul-de-lacing the west end of the proposed private loop street which eliminates the previously proposed access to 179th Trail; commitment. of Byron Watschke, developer and land owner, to rezone 30-40 acres of his B-4, General Business District zoned property to R-5, Single and Two Family, Medium Density Residential District located across 179th Street north of the proposed Lake Villa Golf Estates 9th Addition; ~ developer installation of a permanent, high quality monument sign identifying the entire Lake. Villa Golf Estates neighborhood with separate identification signs (2) at each of the entryways into the 9th addition off of 179th Street identifying the townhome project; ~ inclusion of specific building elevations, floor plans, and building square footages for all units as a part of the final plat Planned. Unit Development (PUD} Agreement; and ~ provision of a 30-foot perimeter buffer which consists of vegetative plantings and additional coniferous trees throughout the entire plat to act as a noise buffer and. landscape screen, including additional dense plantings between the townhouse project and Kenyon Avenue. Mr. Terry Mauer, George Mauer Construction, provided building elevation drawings of the proposed units to be built in the 9th Addition. Mr. Mauer also discussed the Regular Planning Commission Meeting Minutes May 8, 1997 Page 7 • proposed design of the Lake Villa Golf Estates neighborhood monument identification sign and proposed Lake Villa Golf Estates 9th Addition entryway signage. The. City's traffic consultant, SRF, Inc., prepared a traffic study related to the proposed development of the 9th Addition. The neighborhood concern regarding additional traffic generated by the proposed development was reviewed by SRF, Inc. and they have concluded that no significant increase in traffic would occur on 179th Street West or Judicial Road after this development is in place. SRF, Inc. also concluded that the access locations proposed for the Lake Villa Golf Estates 9th Addition would not significantly impact traffic operations on 179th Street West or 179th Trail West. Chair Rieb opened the public hearing to receive public comment. Mr. Scott Davies, 17819 Lake Cove Circle, introduced himself as spokesperson for several of the residents in the neighborhood. Mr. Davies indicated that he served as a representative of the neighborhood views at the May 6, 1997 meeting with City staff and the developer. Mr. Davies indicated that the tentative understanding that has been reached with the developer is viewed as a positive for the neighborhood in that it addresses several of the safety, traffic, and screening issues and concerns raised by the residents. Mr. Davies expressed the residents' desire that the proposed building regulations, aesthetics, landscaping, and grading. standards be addressed specifically in . the final plat Planned Unit Development {PUD}.Agreement and that some mechanism for enforcement of the terms of the PUD Agreement be in-place. Mr. Davies also requested that the PUD Agreement establish a deadline of November, 1997 for the removal of the existing Lake Villa Golf Estates monument sign and installation of the .permanent monument sign. In addition, Mr. Davies reaffirmed the residents' request that they be provided an opportunity to review the proposed terms and specifics of the PUD Agreement prior to Planning Commission recommendation and City Council formal action on the final Lake Villa Golf Estates 9th Addition PUD Agreement. In conclusion, Mr. Davies indicated satisfaction and gratification of the developer's agreementto submit a Rezoning Application for rezoning to residential the current commercial property located north of the proposed Lake Villa Galf Estates 9th Addition. He further expressed appreciation of the City's intent to acquire land at this time for the establishment of a neighborhood park west of I-35. City Administrator Bob Erickson discussed the City Council's commitment to the establishment of a neighborhood park on the west side of I-35 at this time. This action is consistent with. the 1994 Park Bond Referendum. In response to resident concerns in this neighborhood, the City Council has instructed staff to prepare a resolution for their May 19, 1997 regular meeting authorizing acquisition of approximately ten acres of • property south of the Lake Villa Golf Estates subdivisions for a neighborhood park. The proposed park would include amenities typical of neighborhood parks throughout the City which includes significant playground equipment, ice skating rinks, ball fields, etc. Regular Planning Commission Meeting Minutes May 8, 1997 Page 8 Michael Schilz, 17752 Kingsway Path, .expressed his viewpoint as a neighborhood resident that he does not believe the PUD rezoning is compatible with the existing R-1 zoned neighborhood. He questioned the integrity and credibility of the developer based on his perception of promises by the developer that were not kept with regard to earlier additions of Lake Villa Golf Estates. Specifically, he expressed frustration that the current wood monument sign had not been replaced as promised approximately five years ago, Steven Koestner, 17757 Kingsway Path, concurred with Mr. Schilz's concerns regarding the developer's ability to complete the subdivisions that are already in-place. Mr. Koestner noted that current undeveloped lots were unsightly due to construction debris and other rubbish. City Administrator Bob. Erickson noted that three undeveloped lots have been identified by the City for clean-up and the developer, Mr. Watschke, has been contacted. Mr. Watschke has indicated that these lots will be cleaned up. City staff feels that a majority of the neighborhood has reached an understanding with the developer and the developer has exhibited responsiveness to neighborhood concerns. City Administrator Erickson thanked Mr. Watschke for his cooperation and willingness to work with staff and the neighborhood and indicated that staff is encouraged with the progress that has been made to date. Vince Giorgi, 17333 Kingsway Path, expressed his gratitude to Mr. Watschke and indicated that the majority of the residents are encouraged that the PUD Agreement is the best way to control the outcome of the proposed 9th addition development.. Mr. Giorgi reiterated Mr. Davies' request that specific commitments to site design and building construction standards be included as exhibits to the PUD Agreement. Mr. Rich Carron, 17555 Kodiak Avenue, requested that the Planning Commission consider the additional amount of traffic that this. addition would generate onto 172nd Street and ultimately onto County Road 5. Mr. Carron noted that it was his concern and that of some of his neighbors that this will intensify an already congested 172nd Street/Country Road 5 intersection. Gene Stimson, 17660 Kettering Trail, requested clarification regarding park dedication recommendations and the proposed private trailways within the Lake Villa Golf Estates 9th Addition. He questioned whether permitting private trails would set a precedent for future developments. City Administrator Erickson indicated that a public sidewalk/trailway connection is being provided on the south side of 179th Street as a part of this project. The private • trailways proposed within this development is not unique to this development. Private trailways exist in several other single family residential developments throughout the City and they are considered an amenity of the development. The Lake Villa Golf Regular Planning Commission Meeting Minutes May 8, 1997 Page 9 Estates 9th Addition property owners will own these trails and they will be maintained by the Homeowners Association. The developer and staff answered questions and provided clarification to the Planning Commission on several issues including the following: landscaping details; ~ grading plan; gazebo design; ~ drainage patterns; and methods for minimizing construction dust and erosion control measures during the upgrade of 179th Trail. Ms. Patty Wetzel, 17605 Kettering Trail, stated her belief that the development of this property as a planned unit development is inconsistent with abutting neighborhoods and the continuity of her neighborhood would not preserved.. There were no further comments from the audience. 97.59 MOTION by Cecchini, Second by Luick to close the public hearing. • Roll call vote was called on the motion. Ayes: Miller, Luick, Rieb, Amborn, Cecchini. Nays: 0. Commissioner Amborn asked whether the developer would be willing to provide a preliminary sketch plan for the development of the commercial property he proposes to rezone to residential. He also expressed whether it was appropriate for the Planning Commission to consider the City's proposal to acquire land for a park in their review of this subdivision. Assistant City Attorney Walston indicated that the developer is under no obligation to rezone the commercial property and, therefore, can not be required to provide a preliminary development plan as a condition of the development proposal before the Commission.. In addition, the City has always planned for the development of a neighborhood park west of I-35 and this was an integral part of the 1994 Park Bond Referendum. In an effort to be responsive to resident concerns expressed at the last Planning Commission meeting, the City Council has elected to move forward on this park at this time and has initiated the action by identifying land for acquisition for development into a neighborhood park west of I-35. This was presented to the Commission as informational only and also should not be a consideration in the . recommendation of the development proposal before the Commission at this time. 97.60 MOTION by Cecchini, Second by Miller to recommend to the City Council approval of the Lake Villa Golf Estates 9th Addition preliminary plat and the rezoning from R-5, Regular Planning Commission Meeting Minutes May 8, 1997 Page 10 • Single and Two Family, Medium Density District to PUD, Planned Unit Development District subject to the 15 stipulations recommended by staff and listed in the April 1 1, 1997 Planner's Report, removing Stipulation No. 16, the revised preliminary plat plans presented by the developer at the public hearing, and the findings of fact dated May 8, 1.997. Roll call vote was called on the motion. Ayes: Luick, Rieb, Amborn, Cecchini, Miller. Nays: 0. Chair Rieb declared a recess. The .May 8, 199.7 Regular Planning Commission Meeting was reconvened at 9:35 p. m. ITEM 9: P TBL.I AF.ARIIV :BOB & SUZANNE PITSOR: CUP Chair Rieb opened the public hearing to consider the application of Bob and Suzanne Pitsor for a Conditional Use. Permit.. Assistant City Attorney Jim Walston attested that the public hearing .notice had been published and mailed in accordance with state statutes. Associate Planner Frank Dempsey presented an overview of the application from .Bob and Suzanne Pitsor for a Conditional Use Permit (CUP) to allow the construction of an • addition onto their non-conforming single family home located at 10163 - 205th Street West. The subject lot is zoned R-2, Single Family Residential District and lies within the Shoreland Overlay District. The Zoning Ordinance allows an addition or expansion of an existing non-conforming single family structure by conditional use permit provided that the addition or expansion meets the setback, height, and other ordinance requirements. The proposed addition meets all ordinance requirements. The survey identifies four non-conformities. They are: 1) the existing house does not meet the 75-foot setback to the Lake Marion Ordinary High Water Level (OHWL); 2) the existing deck on the rear of the house does not meet the required setbacks to the OHWL and was constructed between 1991 and 1993 by the previous property owner without a building permit; 3) the driveway is not paved; and 4) the gravel driveway encroaches into the setback along the westerly property line. As with other building permit requests. of this nature, it is a policy of the City that existing non-conformities be brought into conformance with current Shoreland Ordinance and Zoning. Ordinance or the level ofnon-conformity must be reduced as a • stipulation of a conditional use permit or variance when a building permit is requested. However, Mr. and Mrs. Pitsor did not agree to staff's recommendation that the existing deck either be removed or reconstructed to grade level which would be permitted in the Shoreland Overlay District. Regular Planning Commission Meeting Minutes .May 8, 1997 Page 11 The Minnesota De artment of Natural Resources DNR has review h 1 p ( ) ed t e p ans submitted by the Pitsors and have recommended in their letter dated May 2, 1997 that the conditional use permit be denied unless the non-conforming deck is brought into compliance with the 75-foot setback. The Pitsors have submitted a revised plan which provides for partial removal of the deck. Staff has indicated that they could not support the plan as proposed. Mr, and Mrs. Pitsor were in attendance and requested Planning Commission response to their proposal. They indicated their willingness to remove an approximate 71/2-foot portion of their deck that protrudes out from under a oak tree into the 75-foot setback. However, the removal of the rest of the deck or the reconstruction of the deck to grade level was not agreeable to them. Several alternatives were suggested and discussed. The Commissioners agreed to suspend discussion at this time and continue the public. hearing on the Pitsor CUP request until later in this meeting to allow Mr. and Mrs. Pitsor time to discuss and consider alternative deck designs that may be more acceptable to them, the Commission, and staff. ITEM 10: P TB .I H ~.ARiN(~; NORTHERN NATURAL GAS CUP Chair Rieb opened the public. hearing to consider the application of Northern Natural Gas Company for a Conditional Use Permit to allow the installation of a 12-inch natural gas main within an existing gas utility easement in parts of Section 35 and 36, Range 21. Assistant City Attorney Jim Walston attested that the public hearing notice had been published and mailed as required by state statute. Associate Planner Dempsey presented an overview of the request from Northern Natural Gas Company to allow the installation of a 12-inch gas main within an existing gas easement located on property which traverses. the SW1/4 of the NW1/4 of Section 36, Range 21 and the SW1/4 of the SW1/4 of Section 35, Range 21. The existing pipeline easement runs east of I-35 along 215th Street, then in a northwesterly direction where it crosses 210th Street near the Dakota County/Scott County line. This proposal from Northern Natural Gas requires approval of a Conditional Use Permit from the City of Lakeville, as well as approval from the Federal Energy Regulatory Commission (FERC) prior to construction of the pipeline. Mr. Dennis Werkmeister, Northern Natural Gas Co., indicated that his company was in agreement to the conditions recommended by staff for approval of the Conditional Use ' Permit.. However, he requested clarification of Stipulation No. 2 regarding evidence of procurement of the necessary construction easements. Staff responded that all parcels that have blanket easements should be identified. Mr. Werkmeister agreed to City staff's proposed modification to the language of Stipulation No. 2 and consented to Regular Planning Commission Meeting Minutes May 8, 1997 Page 12 • provide the City with full-sized Alignment Sheets indicating the location of all parcels with blanket easements. There. was no comment from the audience. 97.61 MOTION by Miller, Second by Luick to close the public hearing. Roll call v©te was. called on the motion. Ayes: Rieb, Amborn, Cecchini, Miller, Luick. Nays: 0. 97.62 MOTION by Miller, Second by Luick to recommend to City Council approval of the Conditional Use Permit as requested from Northern Natural Gas to allow the installation of a 12-inch natural gas main within an existing gas utility easement subject to the four stipulations as recommended by staff and listed in the Planner's Report dated April 30, 1997 with .the following modification: 1) Stipulation No. 2 shall be revised to read: "Northern Natural Gas Company shall ident~ alt parcels that are encumbered with blanket easements prior to City Council approval of the Conditional Use Permit. and approval of the findings of fact dated May 8, 1997. Roll call vote was called on the motion. Ayes: Amborn, Cecchini, Miller, Luick, Rieb. Nays: 0. Chair Rieb reconvened the public hearing to consider the application of Bob and Suzanne Pitsor regarding their request for a Conditional Use Permit. Discussion continued concerning alternatives for the re-design of the Pitsor's deck that would be agreeable to both staff and the applicants. Mr. and Mrs. Pitsor. indicated they would be willing to reduce the deck encroachment into the 75-foot setback to within 101/2 feet of the house which was the distance of the support beam for the existing deck. Discussion continued. Staff suggested that should the Planning Commission be willing to compromise and allow the 101h foot deck encroachment at this time would the Pitsors agree to an additional stipulation to the Conditional Use Permit that requires the deck to be in full compliance with all ordinance requirements when another building, fence, or grading permit for any reason would be requested in the future. The Conditional Use Permit is a legal document and will be recorded against the property. Any future owners of this property would be subject to these conditions. Mr. and Mrs. Pitsor indicated they would be in agreement to the added stipulation. • There were no other comments from. the audience. Regular Planning Commission Meeting Minutes May 8, 1997 Page 13 • 97.63 MOTION by Cecchini, Second by Amborn to close the public hearing. Roll call vote was called on the motion. Ayes: Cecchini, Miller, Luick, Rieb, Amborn. Nays: O. 97.64 MOTION by Cecchini, Second by Amborn to recommend approval of a Conditional Use Permit to allow the construction of an addition onto an existing non-conforming single family dwelling located at 10163 - 205th Street West subject to the seven stipulations as recommended by staff and listed in the Apri130, 1997 Planner's Report with a modification to Condition c) to read as follows: "All but 10.5 feet of the deck extending from the extreme north wall of the house shall be removed and may be replaced with a grade level deck, concrete, paving brick, sod, or other landscape. material. The remainder of the deck shall be brought into compliance with the Shoreland Ordinance prior to the issuance of any future building, fence, or grading permit. "and approval of the findings of fact dated May 8, 1997. Roll call vote was called on the motion. Ayes: Miller, Luick, Rieb, Amborn, Cecchini. Nays: 0. • .There being no further business, the meeting was adjourned at 10:45 p.m. Respectfully submitted: Donna Quintus, Reco ding Secretary ATTEST: C Laurie Rieb, Chair •