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Home My WebLink About08-17-95 s CITY OF LAKEVII..LE PLANNING COMMISSION MEETING MINUTES AUGUST 17, 1995 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: Holberg, Amborn, Luick, Skpton, Rieb, Miller. Also present: Robert Erickson, City Administrator; Michael Sobota, Community and Economic Development Director; Jim Walston, Assistant City Attorney Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Tim Hanson, Assistant City Engineer; Mira Holliday, Recording Secretary. The minutes of the August 3, 1995 Planning Commission meeting were approved as printed. Agenda item number four was postponed until later in the meeting to allow time for the applicant to arrive. ITEM 5 The ublic hearin to consider the a lication of Jeff Bi elow for a conditional use p g pP g permit to allow a one story entrance for a single family residential dwelling. to extend into the front yard building setback was opened. The City Attorney attested that all legal notices had been duly published and mailed. Frank Dempsey presented an overview of the proposed conditional use permit, outlining the .planning report. dated August 9, 1995. His review included the following: • Background • Zoning • Zoning Ordinance regulations for entranceways • Comprehensive Plan • Surrounding land uses and compatibility with neighborhood Mr. Dempsey stated that staff recommends approval of the Bigelow conditional use permit subject to two stipulations listed in the planning report.. Mr. Bigelow was present to answer questions of the Commission and public and stated he agreed with the stipulations. The Commission held a brief discussion. r PLANNING COMMISSION MEETING MINUTES AUGUST 17, 1995 PAGE 2 There was no public comment. 95.115 Motion was made by Miller,. seconded by Rieb to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 95.116 Motion was made by Holberg, seconded by Amborn to recommend approval of the application of JeffBigelow for a conditional use permit to allow a one story entrance for a single family residential dwelling. to extend into the front yard .building setback subject to the planning report dated August 9, 1995. Rolf call was taken on the motion. Ayes: Unanimous. ITEM 6 The public hearing to consider the application of Gene P. Riesenberg and Carolyn L. Riesenberg, Wallace L. Potter and Ardyce M. Potter, and the City of Lakeville for the preliminary and final plat of two single family residential lots to be known as Juno Addition .and variances for front and side yard building setbacks, and lot • width was. opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey presented an overview of the proposed preliminary and final plat and variances, outlining the planning report dated August 11, 1995. His review included the following: • Background and :City / Riesenberg /Potter / Hines agreement • Zoning .and adjacent land uses • Consistency with the ComprehensivePlan • Density • Lots/blocks • Setbacks of existing Riesenberg house • 202nd Street project and Juno Trail project • Grading, drainage, erosion control and utilities • Park and trail dedication • MUSA (already inside MUSA) • Variance .created as a result of public. action Mr. Morey stated that staff recommends approval of the Juno Addition preliminary and final plat and variances subject to two stipulations listed in the planning report. PLANNING COMMISSION MEETING MINUTES AUGUST 17,1995 PAGE 3 • Mr. Riesenberg and Mr. and Mrs. Potter were resent to answer uestions of the p q Commission and public. Mr. Potter questioned the one year limitation on the variances. Mr. Walston stated that the standard lapse provision was not applicable for these variances. The Commission held a discussion which included the excess pie shaped right of way on 202nd Street after the new road is constructed. Mr. Walston responded. There was no public comment. 95.117 Motion was made by Holberg, seconded by Amborn to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 95.188 Motion was made by Holberg, seconded by Amborn to recommend approval of the :application of Gene P. Riesenberg and Carolyn L. Resenberg, Wallace L. Potter and Ardyce M. Potter, .and the City of Lakeville and for the preliminary and final plat of two single family residential lots to be known as Juno Addition and. variances for front and. side yard building setbacks and lot width subject to the planning report dated August 11, 1995, the engineering report dated August 11, • 1995 and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. ITEM 4 The public hearing to consider the application of Roger and Jane Gilb for a conditional use permit amendment to allow an expansion to a major auto repair business in the B-4, General Business District on land located at 20315 Iberia Avenue was continued from the August 3, .1995 Planning Commission meeting. Frank Dempsey presented an overview of the proposed conditional use permit, outlining the planning report dated August 14, 1995. His review included the following: • On site and on street Parking • Landscaping • Screening • Drainage and utility easement. • Future phases Mr. Dempsey stated that staff recommends approval of the proposed conditional use permit subject to nine stipulations listed in the planning report. . PLANNING COMMISSION MEETING MINUTES AUGUST 17,1995 PAGE 4 • 1VIr. and Mrs. Gilb were resent to answer uestions of the Commission and p q public. They indicated they were in agreement with staff recommendations. The Commission held: a discussion which included the following: • Traffic circulation pattern • -Storage of vehicles over night (no damaged vehicles permitted) • Berm • Light and noise pollution There was no public comment, 95. 119 Motion was made by Holberg, seconded by Amborn to recommend close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 95.120 Motion was. made by Amborn, seconded by Rieb to recommend approval of the application of Roger and Jane Gilb for a conditional use permit amendment to allow an expansion to a major auto. repair business in the B-4, General Business • District subject to the planning report dated August i4, 1995. Roll call was taken on the motion. Ayes: Unanimous. ITEM 7 Mr. Ken Zak discussed his proposed expansion plans of his auto body business located at 21480 Keokuk Avenue with the Commission. A conditional use permit was granted to Mr. Zak in 1985 to allow the construction of a 4,200 square foot building to allow major auto repair at the Keokuk Avenue location..The property is zoned R-1 and was located in the former Interstate Corridor District. Mr. Zak did not construct the entire 4,200 square feet at the time and is now requesting to expand his building beyond the 4,200 square feet allowed by the 1985 conditional -use permit. A memorandum dated July 26, 1995, from Frank Dempsey to the Planning Commission, stated Ghat the Lakeville Collision major auto. repair facility is currently a legal non-conforming use in the R-1 District. Any expansion. to the non-conformity beyond the approved 4,200 square feet would require a rezoning, an amendment to the Comprehensive Plan, and amendments to the 1985 conditional use permit. Mr. Dempsey stated in the memorandum that staff would not be able to support Mr. Zak's request to .allow his proposed building addition to be expanded. • The Commission held a discussion which included the past zoning of the area and code violations. The Commission informed Mr. Zak that they could not support ~ 1 PLANNING COMMISSION MEETING MINUTES AUGUST 17,1995 PAGE 5 his re nest for ex ansion of his business on this non conformin lot and 9 p g encouraged him to pursue a new site that would conform to the City Zoning Ordinance.. ITEM 8 -UNFINISHED BUSINESS The Commission had. previously received information regarding a proposed: variance from Mr. Pat Kuplic for a detached accessory building to within five feet. from the side property line in an R-2, Single Family Residential District. Staff stated that Mr. Kuplic had notified staff that his attorney had advised him to not meet with the Planning Commission and to proceed with the variance application. Frank Dempsey reviewed a survey of communities for accessory building heights allowed in single family residential districts. The Planning Commission directed staff to prepare an amendment for the permitted height of accessory structures in the R-3 zone. There being no further business, Chair Luck adjourned the meeting at 7:30 p.m. Respectfully submitted, • Mira Holliday, R cording Secret ry ATTEST: David Luick, Chair •