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HomeMy WebLinkAbout10-03-96 City of Lakeville • PLANNING COMMISSION MEETING MINUTES October 3,199b The meeting was called to order by Chair Luick at 6:00 p.m. in the City Hall Council Chambers. Roll call of members was taken. Present: Bellows, Miller, Kowalke, Rieb, Luick, Cecchini, Wulff. Absent: Amborn. 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. Staff noted a minor revision to the original draft of the minutes for the September 19, 1996 Planning Commission meeting which had been distributed with the agenda materials.. The requirement calling for the removal of glass block windows on the east wall on the Kwik Trip car wash plan in Stipulation number 12 was inadvertently omitted. This has been corrected and a revised draft of the minutes were distributed to the Commission. . The minutes of the September 19,.1996 Planning Commission meeting were approved as revised and printed. ITEM N0.5: P rs .T HEARiN t: John Shimek CUP: 18800 Orchard Trail (Continued from September 5,.1996 Planning Commission 11~feetin~ On September 5, 1996 staff recommended that the Planning Commission continue the public hearing for consideration of an application from Mr. John Shimek for construction of an accessory building in excess of 1,100 square feet in the R-2, Single Family Residential District. Staff met with Mr. Shimek to address several unresolved issues related to his property and a separate parcel owned by Mr. Shimek to the south of the subject property. Mr. Shimek's request for a conditional use permit was for the purpose of constructing a detached accessory structure as a shelter for his two horses. Community & Economic Development Director Michael Sobota stated that, in discussions with Mr. Shimek, staff suggested several alternatives including an option than would permit construction of a 450 square foot detached accessory building without a requirement for a conditional use permit. This option included several stipulations. that would bring the 2.72-acre parcel into conformance with current ordinance regulations. These conditions included the removal of two existing. silos and an existing detached garage, as well as paving of the existing driveway. Mr. Shimek indicated he did not want to remove existing structures on his property. Mr. Shimek further stated his decision not to pursue the conditional use permit because of the cost of eliminating the shared public water service to the property to the south and providing a separate water service to that property. Regular Planning Commission Meeting Minutes October 3, 1996 Page 2 • In response to these discussions, Mr. Shimek has submitted a letter of withdrawal for his request for a conditional use permit on his property located at 18800 Orchard Trail. Staff has refunded the application fee to Mr, Shimek. Also, the residents who had attended and expressed an interest in the proposed conditional use permit at the original public hearing have been informed of Mr. Shimek's decision to withdraw his CUP .application. There were no other comments from the public. 96-101 MOTIQN by Wulff, second by Cecchini to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. Chair Luick acknowledged receipt and Planning Commission acceptance of the letter from Mr. John Shimek dated September 23, 1996 for withdrawal of the conditional use permit application for his property located at 18800 Orchard Trail. ITEM NO.6: PL1BLic HF.ARiNh; Steven Muenchow: 20503 Juno Trail.• EASEMENT VACATION Chair Luick opened the public heazing to consider the application of Mr. Steven Meunchow for the vacation of a portion of a drainage and utility easement on property • located at 20503 Juno Trail. City Attorney Walston attested that the legal notices had been duly published and mailed according to State Statute. Associate Planner Frank Dempsey presented an overview of a request from Mr. Steven Meunchow to vacate a portion of an existing drainage and utility easement on his property located at 20503 Juno Trail and legally described as Lot 1, Block 1, Lake Marion Estates. The purpose of this proposal is to -allow the construction of an addition to an existing two stall attached garage. The proposed 12' x 24' single garage stall addition onto the existing two-car garage represents a total of 939 squaze feet which is within the maximum 1,000 square foot attached garage area ordinance: standards. The proposed addition would encroach into an existing drainage and utility easement currently located on Mr. Meunchow's property. City Code prohibits construction of permanent structures in drainage and utility easements. Associate Planner Dempsey stated that Lake Mazion Estates, platted in May of 1985, included a large drainage and utility "easement covering the northern two-thirds of Lot 1, Block 1 to ensure adequate area for a future storm water collection pond. In 1995, when the Lakeview Estates plat was approved, the pond was constructed to the west of the. subject property. The size of the pond was reduced which resulted in the drainage and utility easement on Lot 1, Block 1, Lake Marion Estates being larger than required. • The proposed easement vacation and proposed gazage addition and retaining wall will not affect the wetland or drainage azea. All utility companies have been notified of the proposed vacation and have submitted written correspondence stating no Regular Planning Commission Meeting Minutes October 3, 1996 Page 3 • opposition to the proposed vacation. Assistant City Engineer Tim .Hanson has indicated in his memo dated September 26, 1996 that the proposed vacation does not impact the storm water management pond. Therefore, staff recommends approval of the easement vacation as requested. There were no comments from the public. 9b-102 MOTION by Miller, Second by Wulffto close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 96-103 MOTION by Miller, Second by Rieb to recommend to Gity Council approval of the request from Mr. Steven Meunchow for the vacation of a portion of a drainage and utility easement on Lot 1, Block 1, Lake Marion Estates, addressed as 20503 Juno Trail. Roll call was taken on the motion. Ayes: Unanimous. ITEM NO. 7: Pi~Bi.IC' HFARnvr; Photran Company: CONDITIONAL USE PERMIT: (7870 - 218th Street West). Chair Luick opened the public hearing to consider the application from Photran • Corporation for a conditional use permit (CUP) to allow off-site parking on properties located at 21725 Hanover Avenue, 21875 Grenada Avenue, and 7870 - 218th Street West. City Attorney Walston attested that the legal notices had been duly published and mailed according to State Statute. Community and Economic Development Director Sobota advised that Photran Corporation has submitted a letter withdrawing their request fora conditional use permit. Following discussions with City staff, the decision to withdraw the application was made in response to several planning issues. The applicant has agreed to staff's recommendations and has decided to pursue platting/replatting a portion of their property which will address staff concerns and resolve long term planning issues. In the spirit of cooperation with the developer, the City has offered to refund CUP Application fees and waive platting fees. Other conditions will be addressed in the platting process and development agreement. There was no public comment. 96-104 MOTION by Wulff, Second by Miller to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. • Chair Luick acknowledged receipt and Planning Commission acceptance of the letter from Appro Development, Inc. dated. October 1, 1996 withdrawing the Conditional Use Permit Application on behalf of Photran Corporation. Regular Planning Commission Meeting Minutes October 3, 1996 Page 4 ITEM N0.8: Pr~~I H +.ARnvC: Zoning Ordinance and Subdivision Ordinance Amendments Chair Luick opened the public heazing to consider amendments to the Zoning Ordinance concerning required screening and landscaping and an amendment to the Subdivision Ordinance concerning tree preservation. City Attorney Walston attested that the legal notices had been duly published according to State Statute. Associate Planner Dempsey advised that after several yeazs, and particulazly following the extremely cold winter of 1996, City staff has observed that some species of pine are not well suited to local soil and weather conditions for landscape screening purposes. This prompted a review of the Zoning Ordinance and Subdivision Code regarding which species aze now permitted for screening purposes, as well as allowed tree preservation replacement trees, and whether those species aze suitable for the purposes specified. On August 6, 1996 the Planning Commission and Environmental Affairs Committee held a Tree Preservation Forum. At that meeting Forester Steve Kunde, Kunde Ca Inc., offered several suggestions for modifications to the ordinance that the City may • want to consider regarding landscape screening/buffering and tree preservation regulations based upon hazdiness and appropriateness for specific uses. With the assistance of Mr. Kunde and other landscape architects, City staff reviewed these ordinances and is recommending modifications to the list of replacement trees as part of Lakeville's Tree Preservation Requirements. In addition, also with the assistance of foresters and landscape architects, staff is proposing revisions to the listing of approved coniferous trees for screening purposes and shrub species as suitable for buffering/screening purposes. Planner Dempsey provided specifics of the proposed amendments as outlined in his Planner's Memo dated September 25, 1996. There was no public .comment. 96-105 MOTION by Miller, Second by Rieb to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous.. 96-106 MOTION by Wulff, Second by Rieb to recommend to City Council approval of the proposed amendments. to the Zoning Ordinance concerning required screening and landscaping and an amendment to the Subdivision Ordinance concerning tree preservation, as outlined in the Planner's memo dated September 25, 1996. • Roll call was taken on the motion. Ayes: Unanimous. Regular Planning Commission Meeting Minutes October 3, 1996 Page 5 ITEM 12. STAFF ANNO TN .MF.NTC; Community and Economic Development Director Sobota informed the Planning Commission that it may be necessary for the Commission to hold a Special Meeting on Tuesday, October 29, 1996 at 6:00 p.m. The majority of the Commissioners stated they would be available if a Special Meeting is warranted. Staff will inform the Commission on the status of this meeting following a discussion with the potential applicant at a staff meeting to be held early next week. Commissioners Cecchini and Wulff inquired about the City of I,akeville's position on high density and low and moderate income residential development standards and the criteria that the City uses in reviewing these types of high density proposals. They also questioned the proportion of high density land use in Lakeville. Staff responded that they would research the issue as well as provide similar information for the Cities of Apple Valley and Burnsville. There being no further business, the meeting was adjourned at 6:45 p.m. Respectfully submitted, Donna Quintus, Rec ding Secretary ATTEST: David Luick, Chair