Loading...
HomeMy WebLinkAbout09-21-95 z s CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES SEPTEMBER 21, 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: Miller, Rieb, Skipton, Luick, Amborn, Holberg. Absent: Cecchini. Also .present: R. Erickson, City Administrator; M. Sobota, Community & Economic Development Director; G. Fuchs, Assistant City Attorney; D. Morey, City Planner; F. Dempsey, Associate Planner; T. Hanson, Assistant City Engineer; C. Friedges, City Clerk. The minutes of the September 7, 1995, Planning Commission meeting were approved with one correction to delete Robert Erickson's name from the List of those present. Chair Luick indicated staff has requested that the agenda be amended by moving Item No. 6 ahead of Item No. 4. The commission members agreed to the amended agenda. ITEM 6 Chair Luick opened the public hearing on the application of Rome Development Corporation and South Twin Cities Church of Christ for a minor comprehensive land use plan .amendment, rezoning from R-4 to B-3 and preliminary and final plat of Dakota Plaza Second Addition. The City Attorney attested that legal notices had been duly published and mailed. Mr. Morey explained that Ole Piper Inn is proposing to relocate their restaurant from the existing strip center at Cedar Avenue and 167th Street West to a freestanding building to be constructed on the proposed .Lot 2, Block 1, Dakota Plaza Second Addition. For Lots 1 and 2, Block 1, of the proposed preliminary and final plat, the applicants are proposing to amend-the medium/high density portion of the Comprehensive Plan land use map to a commercial land use designation and rezone these two lots from R-4 to B-3. The proposed comprehensive plan amendment and rezoning would extend the existing Dakota Plaza commercial area to the east. Existing 161st Street would be extended, through a public improvement project, to the east and north to create a full intersection with 160th Street (C.R. 46) and Garrett Path, with complete turning movements. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 21,.1995 PAGE 2 Mr. Morey went on to explain that Outlot A (1.14 acres} and Outlot B (10.16 acres) will be sold and deeded by the respective applicant to the City for the future .expansion of the adjacent City-owned. Valley Lake. Park. Lot 2, Block 1, owned by Rome Development, is the proposed site of the Ole Piper Inn restaurant; and Lot 1, Block 1, owned by the church, is designated for a future B-3 commercial use. Mr. Morey stated a neighborhood meeting was field, and the Dakota PlazaNalley Lake Park/Ole Piper Inn plans were shared with Valley Park residents. Resident comments on the proposed plans were positive. The residents requested that the landscaped berm to be installed within Outlots A and B to screen the two proposed commercial lots from the existing homes be extended to the east. The landscape plan for Dakota Plaza Second Addition .has been revised to comply with the residents' request.. Commissioner Miller asked about potential traffic circulation problems at County Road 46 and 161st Street if the intersection is not signalized. Mr. Hanson explained that this intersection could be signalized in the future if the Dakota County Highway Department determines that it meets signalization • warrants. He pointed out that signals are planned to be installed at County Road 46 and Galaxie, Fairgreen and Flagstaff. Commissioner Amborn asked about the extensive landscaped berm being installed by the City. Mr. Erickson explained that the neighborhood's expectations, because of the change from. residential to commercial in the comp plan, required the City to negotiate a need for screening in the purchase agreement for the park. Commissioner Holberg stated she feels there should be a pedestrian crossing between the Valley Lake Beach and this commercial corner. Mr. Erickson stated that staff will hold a neighborhood meeting for the Valley Lake Park development to get the views and opinions on a number of issues, including a future .beach location, specific location of .trails and pedestrian crossings. Mr. Gerry Grenz, 1619p Garner Avenue, asked .what types of uses are allowed in a B-3 zoning district. He was concerned with the potential for noise and odor from a body shop/automobile oriented business. Mr. Sobota provided a list of B-3 uses from the Zoning Ordinance. He explained that a body shop would be allowed only with a conditional use permit, however, there are performance standards that need to be met. Mr. Erickson indicated that the City would. be able to control. certain uses through the conditional use permit process, which requires a 4/5 vote of the Council and follows strict performance standards. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 21, 1995 .PAGE 3 • .95.124 Motion was made by Holberg, seconded by Amborn to close the public hearing. Roll call was taken on the motion. Ayes, unanimous. 95.125 Motion was made by Amborn, seconded by Skipton to adopt the Findings of Fact and. Recommendation and. recommend approval of a Comprehensive Land Use Plan amendment, rezoning from R-4, single and two family residential district, to B-3, Auto Oriented Business District, and the preliminary and final plat of Dakota Plaza Second Addition, subject to the conditions as outlined in the September 15, 1995, planning report. Roll call was taken on the motion. Ayes, unanimous. ITEM 4 Chair Luick opened the public hearing on the application of Dean Ekegren for a conditional use permit amendment to allow the expansion of an existing non- • conforming single family home on anon-conforming residential lot, located at ..9982-199th Street West. The City Attorney attested that legal notices had been duly published and mailed. Mr. Dempsey explained that a conditional use permit was approved in 1990 for the construction of a detached garage on this parcel. In June of 1995, a building permit was issued to increase the head room in the lower level from 6 feet 8 inches to 8 feet in height. The building permit did not change or intensify the use. The proposed conditional use permit amendment will allow the construction of additional living space in the upper level of the existing house. Staff recommended that the conditional use permit amendment require that aIFnon-conforming portions of the old deck be brought into conformance with the minimum side yard .and Ordinary Nigh Water Level setback regulations. Staff recommends approval of the conditional use permit amendment, subject to the survey being revised to show a deck which conforms to the minimum side yard setbacks. of 10 feet and 75 feet from the Lake Marion Ordinary High Water Level Dean and Karen Ekegren provided copies of a letter dated September 21, 1995, along with proposed deck drawings (Alternatives 1 and 2). They voiced their frustrations and asked why they were not allowed to apply for a variance. They explained that they would like to improve the appearance of their home, and. also enlarge it. In order to lower the basement floor, they had to remove the existing deck. They stated -they were not aware when they took the old PLANNING COMMISSION MEETING MINUTES SEPTEMBER 21, 1995 ,PAGE 4 • deck down that they would. not be able to put it back the way it was. They also pointed out, and provided a drawing which showed, that four of their closest neighbors' homes are closer to the lake than theirs. Mr. Sobota explained that a conditional use permit is required for expansion of the use (house addition),. and that the previous building permit was not related to the proposed conditional use .permit. He explained that development pressure has increased over the past several years regarding compliance with shoreland ordinance regulations; and the DNR has recently required the City to amend its shoreland regulations. Non conformities are attempted to be brought into compliance on all planning activities. Staff determined that a variance could not be supported due to a lack of hardship on the part of the applicant. Mr. Sobota stated that staff would, however, be willing to discuss Alternative 2 for the area next to the house on the side yard, provided the encroachment is minimized. Commissioners. discussed Alternatives 1 and 2 for the deck. Commissioner • Miller suggested that Alternative 2 be used. This alternative would place the deck between the patio door and the edge. of the house, and angle it 45 degrees to meet the 10 foot sideyard setback at the southeast corner of the deck. Commissioner Holberg asked about impervious surface underneath the deck. She. suggested that the slab under the deck not exceed the dimensions of -the deck, therefore reducing the amount of impervious surface. There were no questions or comments from the audience. 95.126 Motion was made by Skipton, seconded by Holberg to close the public hearing. Roll call was taken on the motion. Ayes,. unanimous. .95.1.27. Motion was made by Holberg, seconded by Amborn to adopt the Findings of Fact and Recommendation and recommend approval of a conditional use permit amendment to allow the expansion of an existing non-conforming single family home on anon-conforming residential lot at 9982-199th Street West, subject to the conditions as outlined in the September 6,1995, .planning report as amended; and recommend approval of Alternative No. 2, along with reducing the impervious surface not to exceed the area of the deck. Roll call was taken on the motion. Ayes, unanimous. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 21, 1995 PAGE S • ITEM 5 Chair Luick opened the public hearing on the application of Dennis Hollstadt for a conditional use permit to allow the expansion of an existing non- conforming single: family dwelling to improve its livability on land located at 10115 Oak Shore Drive. The City Clerk attested that legal. notices had been duly mailed. Mr. Dempsey explained that Mr. Hollstadt is proposing additional garage space for storage. of personal vehicles and equipment.. He explained that in the summer of 1993, Mr. Hollstadt. contacted City staff to inquire about constructing a 253 square foot master bedroom addition on the northeast corner of his house. Af that time, the shoreland ordinance was misinterpreted, and the addition was constructed without a conditional use permit. The bedroom addition meets all minimum setback requirements, and. staff is recommending that the master bedroom be brought into conformance by including it as a part of this conditional .use permit. The proposed garage addition conforms to the minimum required setbacks. Staff recommends approval subject to five stipulations as outlined in the September 6th planning. report. . Mr. Hollstadt. was present.. There were no questions or comments. 95.128 Motion was made by Skipton, seconded by Rieb to close the public hearing.. Roll call was taken on the motion. Ayes, Unanimous. 95.129 Motion was made by Miller, seconded by Skipton to adopt the Findings of Fact and Recommendation and recommend approval of a conditional use permit to allow the expansion of an existing non-conforming single family dwelling to improve its livability on land located at 10115 Oak Shore Drive, subject to the conditions as outlined in the September 6, 1995, planning report. Roll call was taken on the. motion. Ayes, Unanimous. ITEM 7 Mr. Sobota presented the proposed Town Square concept plan for the area north and west of the City Hall complex. Commission members discussed. the following. • Landscaping of buildings and public right-of-way • Architectural treatments (Jeffersonion concept) • East/west connections to Cedar adequate? PLANNING COMMISSION MEETING MINUTES SEPTEMBER 21, 1995 PAGE 6 • One developer of retail/entertainment preferred • Work with historical. downtown on land use changes -bed & breakfast development • Small commercial parcel directly south of City Hall on C.R. 50 should be rezoned • View from hill coming south on Holyoke & Dodd should be enhanced. Back .sides of buildings should be screened/landscaped • Pedestrian friendly design • Movie theater in historic downtown needs much more parking • The connection of Kensington Boulevard from Fairfield/205th St. along Lake Marion to Icenic/C. R. 50 is a great idea. There being no further business, the meeting was adjourned at 8:40 p.m. Respectfully submitted, i i Charlene Friedges, Ci Clerk David Luick, Chair •