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HomeMy WebLinkAbout11-02-95 Y CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES NOVEMBER 2, 1995 The meeting was called to order by Chair Luick at 6:00 PM in the City Hall. Council Chambers. Roll call of members was taken. Present: Holberg, Amborn, Cecchini, Luick, Skipton, Reib and Miller. Also present: Robert Erickson, City Administrator; Michael Sobota, Community and Economic Development Director; Jim Walston, Assistant City Attorney; Frank Dempsey, Associate Planner; Judi Ryan, Recording Secretary. ITEM 3 -Minutes of October 19,1995 Committee member Reib stated that she had been present at the meeting. Member Cecchini stated that there had been discussion at the previous meeting under • Item 6 concerning requirements in the covenants for notification to the City of any dumping or spilling of chemicals in the wetlands. He felt it would be important for an appraisal to be made of damage. City Attorney Walston stated that State law currently requires notification and that it would be inappropriate to have this provision in protective covenants. The minutes of the October 19, 1995 Planning Commission meeting were approved as amended. ITEM 4. The public hearing to consider the application of Jeffrey and Becky Mowers for a conditional use permit within the R- 1, Low Density Single Family Residential District and Shoreland Overlay District to allow the construction of an addition onto an existing non-conforming single family dwelling and a second street access for a single family residential lot, all on land located at 12190 Upper 167th Street West, 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. The existinglot was platted in 1973 and does not meet the minimum width or square • footage requirements of R-1 zoning. The proposed addition will conform to the Planning Commission Meeting Minutes November Z, 1995 Page --2 • minimum re aired side and setbacks of 10 feet. The im ervious surface area ermitted q Y P P in the Shoreland Overlay District is 25% with a proposed impervious surface area of 24.7% (without the deck), which is within the area permitted by the Shoreland Overlay District zoning ordinance. Staff stated that the structure was built before the existing ordinances were established and the Mowers have been continuously improving the property since they purchased it in the late 1970's. The Mowers were encouraged. by City staff to purchase additional property from the property owner to the west but were unsuccessful. The attached garage square footage exceeds the 1,000 square foot maximum permitted for garage and accessory buildings allowed by ordinance. A proposed deck is planned along the length of the south side of the house. No additional impervious surface area will be permitted below the deck as this would place the total impervious surface area above the 25% allowed limit. The deck itself is not considered impervious area. Staff stated that the DNR had received a notice of the public hearing and did not voice any objections to the conditional use permit. Mr. Dempsey stated that the Community and Economic Development Department staff. recommends approval of the conditional use permit for Jeffrey and Becky Mower with stipulations as outlined in the planning report. A discussion by Commission members included the following: There exists approximately 1,200 square feet of garage space. The floor plan which is submitted for a building permit must show a reduction in garage square footage to meet the 1,000 square foot maximum. Additional impervious surface should not be allowed under the deck with the exception of the existing stoop. Stipulation B .should also include prohibiting additional impervious surface which would exceed the 25% total allowed. 95.139 Motion was made by Holberg, seconded by Skipton to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 95.140 Motion was made by Miller, seconded by Amborn, to recommend approval of the application of Jeffrey and Becky Mowers for a conditional use permit within the R-1, Low Density Single Family Residential District and Shoreland Overlay District to allow the construction of an addition onto an existing non-conforming single family dwelling on land located at 12190 Upper 167th Street West, subject to the stipulations Planning Commission Meeting Minutes November Z, 1995' Page -3- • listed in the planning report dated October 25, 1995 and with the amendments to the stipulations as stated above. Roll call was taken on the motion. Ayes: Unanimous. Mr. Sobota stated that staff is prepared to move the issue to the City Council for consideration at their November 6, 1995 meeting if that met with the Mowers approval. The Mowers agreed this would be helpful. ITEM 5. -Unfinished business. Mr. Dempsey discussed with commission members the possibility of amending the maximum height of accessory buildings in R-3 zoning districts without a conditional use permit. The request by a property owner to construct a gazebo over 10 feet in height initiated the ordinance review. Mr. Dempsey stated that in areas of R-3 zoning with smaller lots and closer setbacks, 10 feet was currently considered the .maximum necessary for accessory buildings. Commission members were shown some typical roof pitches which would make accessory buildings compatible with heights of houses. Staff has .also considered variations of what other neighboring. cities allow. • Holberg suggested the ordinance state that accessory buildings could not exceed the height of the principle structure on the property. Staff agreed this would be appropriate. Amborn asked if there would be a difference in the ordinance between attached or detached buildings. Staff responded that it does not distinguish. It was also suggested that the individual terrain and topography of the lot be taken into consideration. Mr. Dempsey explained the method of measuring to determine height. Miller noted that according to the present ordinance, the side yard setback would be 15 feet for new lots and that should not be modified. A question regarding regulations for accessory buildings in Manufactured Home Communities was asked. Mike Sobota stated that this amendment to the ordinance was only being proposed in R-3 zoning areas and that manufactured home communities are regulated separately for accessory buildings. He also stated that there are no areas of R-3 zoning in the city which are unplatted. Mr. Sobota stated that the conditional use permit application process allows staff to look at designs, topography, etc., to make sure there are no special issues or concerns. The established guidelines are used to assist homeowners in improving their properties while allowing flexibility for various situations. City Attorney Walston offered to • Planning Commission. Meeting Minutes November 2, 1995 Page -4- r p ovlde a trauung session on variances for Commission members. The Commission agreed this would be helpful. ITEM 6. -New business. Mike Sobota gave Commission members an update on various planning projects and companies which are planning to build or expand in the industrial park. ITEM 7. -Announcements. The next Planning Commission meeting will include a public hearing for amendments to the outdoor storage regulations. City staff will also check on the availability of Ann Perry to summarize the four neighborhood meetings which were recently held. Planning Commission members mentioned that they had heard very positive comments from the public concerning the forums. ITEM 8. -Adjourn. There being no further business, the meeting was adjourned by Chair Luick at 7:00 PM. • Respectfully submitted, udi yan, Recor ' Secretary ATTEST: -c~~ David Luick, Chair