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HomeMy WebLinkAbout01-20-94 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES JANUARY 20,1994 The meeting was called to order by Chair Holberg at 7:00 p.m. in the City. Hall Council Chambers. Roll call of members was taken. Present: Whitehouse, Luick,.Holberg, Smith. Absent: Steigerwalt, Miller. .Also present: Robert Erickson, City Administrator; Jim Walston, Assistant City Attorney; Michael Sobota, Community and Economic Development Director; Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Mira Holliday, Recording Secretary. The minutes of the December 9, 1993 Planning Commission meeting were approved as printed. .ITEM 4 The election of officers for 1994 was held. 94.01 Motion was made by Whitehouse, seconded by Luick to elect the following as officers for 1994: Chair -Mary Liz Holberg - Vice Chair -Phil Smith Secretary - W.L. Whitehouse Roll call was taken on the motion. Ayes: Unanimous. ITEM 5 The public hearing to consider the application of Schmitty and Sons, Inca to rezone property from R-6, Medium Density Residential to B-W, Business-Warehouse and a conditional use per~r~it to allow impervious surface coverage in excess of 25 percent was continued from the September 16, 1993 Planning Commission meeting. Staff stated that a letter withdrawing both applications had been received from Schmitty and Sons. 94.02: Motion was made by Whitehouse, seconded. by Smith to close the public hearing. . Roll call was taken on the motion. Ayes: Unanimous. 94.03 Motion was made by Smith, seconded byLuick to accept the letter of withdrawal for the conditional use permit and rezoning from Schmitty and- , Sans, Inc. .Roll call was taken on the motion. Ayes: Unanimous. PLANNING COMMISSION MINUTES JANUARY 20,1994 PAGE 2 .ITEM 6 The Commission held a brief discussion regarding the extension of Conditional Use Permit No. 93-01 for the Ellison garage expansion. 94.04 Motion was made by Whitehouse, seconded by Smith to recommend. that the City Council grant an extension for Conditional Use Permit No. 93-01 to November 10, 1994. Roll call was taken on the motion. Ayes:. Unanimous. ITEM 7 The public hearing to consider the application of Peterson-Huber Corporation for a building setback variance from the ordinary high water level of Lee Lake to allow the construction of a new single family residential dwelling was opened. The City Attorney attested that all legal notices had been duly published and mailed. .Frank Dempsey reviewed the proposed variance, outlining the planning report dated January 11, 1994. His review included .the following: - Background - History - Two variances approved in conjunction with the platting of Kenwood Oaks on Lots 1 and 2, Block 5. - Foundation area plan for Lot 6, Block 5 - Ordinary high water level of Lee Lake - 19$9 grading plan (incorrect) and current survey - DNR comments - Environmental Affairs Committee recommendation - Zoning ordinance regulations Mr. Dempsey stated that staff recommends approval subject. to recommendations listed in the planning report. Mr. Huber and Mr. Peterson were present. They reviewed proposed house plans for the lot and their options to increase the setback. They presented letters from three adjoiningproperty owners who agreed with the proposed house plans and requested that trees on the east side of the lot not be removed. PLANNING COMMISSION MINUTES JANUARY 20, 1994 PAGE 3 The Commission held a discussion which included: - Ordinary high water level of Lee Lake (948.5 ft.) - DNR recommendation letter dated January 19, 1994 - Proposed house plan and possible modifications The Commission felt that the house should be designed taking the contours of the lake into consideration. Red Helkenn of 17805 Junelle Path stated he is concerned about the variances that the City grants around the lake. He stated many of the .homes in the area have cracks in their basements. Louis Helkenn of 10634174th Street questioned if there is a means to maintain the water level on Lee Lake. He also questioned the types of trees that are on the .lot in question. Robert Erickson discussed the history of the Kenwood Oaks plat, stating that in past years. aerial photography was used in preparing grading plans. He also stated that a tree preservation plan was not required at that time. He suggested that this item be tabled until later in the meeting to allow staff to discuss alternative house plans and setbacks with the applicants. The item was temporarily tabled. ITEM 8 The public hearing to consider the application of Dakota Electric Association for a conditional use permit to allow the relocation of an existing electrical substation and the installation of new substation equipment on land located at 16006 Kenwood Trail ~.~:as opened. Tree City. Attorney attested that all legal notices had been duly published and mailed. .Frank Dempsey presented a review of the proposed conditional use permit, outlining the planning report dated January 11, 1994. His review included the following; - Background - Zoning - Minimum setbacks - Cc~prehensive plan - .Surrounding land uses - Transportation - Landscape/screening - Right-of--way - Dakota County Highway Department comments - Neighborhood meeting PLANNING COMMISSION MINUTES JANUARY 20, 1994 PAGE 4 Mr. Dempsey stated that staff recommends approval of the conditional use permit subject to four conditions listed in the planning report. Sue Mohlis and Ed Brunkhorst of Dakota Electric were present to answer questions of the Commission and public. The Commission held a discussion which included: - Possibility of equipment containing PCB's - (none) - Prohibiting overnight or long term vehicle storage - Screening - Radio transmission antennas - Existing oak trees - Type of trees to be planted- Jim Nelson of 1325 W. 158th Street, Burnsville expressed his interest in the relocation of existing power lines. He also stated he did not want the trees on his property to be disturbed. He requested that four inch diameter trees be planted for screening. John and Cathy Maroney of 131715$th Street, Burnsville expressed their concern over the possible removal of existing trees and suggested that additional trees be planted to fill a "hole" that now existed. 93.05 Motion was made by Smith, seconded by Whitehouse. to close the public hearing.: Roll call was taken on the motion. Ayes: Unanimous. The Commission discussed the types of trees that should be planted. An additional stipulation to the planning report was added as follows: 5. No overnight or longterm storage of vehicles shall be permitted. 93.06 Motion was made by Whitehouse, seconded by Smith to recommend approval of the .application of Dakota Electric Association for a conditional use permit to allow the relocation of an existing electrical substation and the installation of new substation equipment on land located at 16006 Kenwood Trail subject to the planning report dated January 11, 1994 as amended and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. ITEM 7 continued The discussion of the application of Peterson-Huber Corporation for a building setback variance was continued. Michael Sobota explained that the developer agreed to keep the house and deck behind the 60 foot setback line PLANNING COMMISSION MINUTES JANUARY 20,1994 PAGE 5 which would require a 15 foot variance. He further stated that revised house plans would be submitted for staff review prior to City Council action.. Mr. Sobota also stated that a retaining wall is to be constructed prior to the issuance of a building permit and tree preservation fencing must be in place prior to the construction of the retammg wall. .93.07 Motion was made by Whitehouse, seconded by Smith to close the public hearing. Roll call was taken on the motion. -Ayes: Unanimous. 93.08 Motion was made by Smith, seconded by Luick to recommend approval of the application of Peterson-Huber Corporation fora 15 foot building setback variance from the 75 .foot setback requirement from the ordinary high water level of Lee Lake to allow the construction: of a new single family residential dwelling subject to the planning report as amended, the findings of fact, the recommendations of the Environmental Affairs Committee, and the recommendations of the DNR. Roll call was taken on the motion. Ayes: Unanimous. ITEM 9 The public hearing to consider the application of the City of Lakeville for the vacation of a drainage and utili easement on land located on Lot 11, Argonne Farms was opened. The ~ity Attorney attested that all legal notices had been duly published and mailed.. Daryl Morey reviewed the proposed vacation, outlining the planning memorandum dated January 14, 1994 and the engineering memorandum dated January 5, 1994. He explained that the drainage and utility easement was recorded as part of the Argonne Farms/Timber Ridge Sauth storm water drainage improvements and is no longer needed because a new easement, located east of the subject easement has been recorded in its place. He further stated that the easement as relocated to the. east in order to save existing trees in the area that were identified during the construction process. Louis Helkenn of Lot 11, Argonne Farms was present and complained that wrong information had been sent out regarding the subject vacation.. Staff explained the proposed vacation to Mr. Helkenn Red Helkenn of Junelle Path questioned why this issue had-to be brought _ before the Planning Commission. The City Attorney explained the public hearing procedure required by State law. The Commission held a brief discussion. 94.09 Motion was made by Smith, seconded by Luick to close the. public hearing. Roll call was taken on the motion. Ayes: Unanimous. PLANNING COMMISSION MINUTES JANUARY 20, 1994 .PAGE 6 ..94.10 Motion was made by Luick; seconded by Smith to recommend approval of the application of the City of Lakeville for the vacation of a drainage and utility easement on land located on Lot 11, Argonne Farms subject to the planning memorandum dated January 14, 1994 and the engineering memorandum dated January 5, 1994. Roll call was taken on the motion. Ayes: Unanimous. ITEM 10 The public hearing to consider the application of the City of Lakeville far an amendment to the Lakeville Zoning Ordinance concerning accessory buildings and yard setback requirements. was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey presented a review of the proposed amendment, outlining a memorandum from David Krings, Building Official dated December 20,1993. and a memorandum from John Hennen, Zoning Enforcement Coordinator dated September 29, 1993. David Krings outlined the proposed changes in the ordinance. The Commission held a discussion which. included: - Pre-existing animal enclosures - Changing the term "dog enclosure" to "domestic animal enclosure" - Electronic fences 94.11 Motion was made by Smith, seconded by Luick to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.12 Motion was made by dVhitehouse, seconded by Smith to recommend approval of the application of the City of Lakeville for an amendment to the Lakeville Zoning Ordinance concerning accessory buildings and yard setback .:requirements subject to the draft ordinance as amended to change the term "dog enclosure" to "domestic animal enclosure" and add the phrase "excluding electronic fencing." Roll call was taken on the motion. Ayes:. Unanimous. ITEM 11 The public hearing to consider the application of the City of Lakeville for an amendment to Section 12.4(9) of the Lakeville Zoning Ordinance concerning parking deferment was opened.. The City Attorney attested that all legal notices had been duly published. Michael Sobota reviewed the proposed amendment stating the Economic Development Commission requested. this amendment be considered in an effort to streamline the business development process. The.amendment proposes PLANNING COMMISSION MINUTES JANUARY 20,1994 PAGE 7 that parking deferment approval change from a City Council action to an administrative action. He further stated that current performance standards. in place for parking deferments will continue with the proposed amendment. The Commission held a brief discussion. 94.13 Motion was made by Smith, seconded by Whitehouse to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.14 Motion was made by Smith, seconded by Whitehouse to recommend approval of the application of the City of Lakeville for an amendment to Section 12.4, Subsection (9) of the Lakeville Zoning Ordinance concerning parking deferment subject to the draft ordinance and planning memorandum dated January 14,1994. Roll call was taken on the. motion. Ayes: Unanimous. ITEM 13 -NEW BUSINESS Frank Dempsey reviewed a proposed conditional use permit request by Tom and Ann Hoffman to allow an existing single family home to be moved onto their property at 8315 190th Street West. He stated there is no dwelling currently on the property and following the submittal of the application and Certificate of Survey, several inconsistent zoning issues were brought. to light. Staff saw a need to address these issues prior to proceeding with a public hearing. Mr. and Mrs. Hoffman were present and explained their current operation of a commercial riding stable on the property. They stated that a conditional use permit had been issued in 1973 but a copy could not be located.. City Council minutes indicated the conditional use permit was granted for a period of two years. Mr. Jack Roberts, former owner of the property was also present and provided information regarding the history of the property including a previous subdivision of the property. The Commission held a discussion which included: - Setback of the barn from the north and east property lines - MPCA regulations regarding the well on the property and disposal of solid waste - Restroom facilities for stable customers - Shared driveway with adjacent house - Distance from barn to adjacent house Jim Walston suggested that the house not be allowed to be moved onto the property until. all the. issues regarding the conditional use permit are resolved. The Commission agreed. PLANNING COMMISSION MINUTES JANUARY 20, 1994 PAGE 8 The Commission suggested that the Hoffmans contact the MPCA and work with City,staff to resolve the issues prior to the public hearing for the. condktronal use permit to move the house on the property. ITEM 12 A brief discussion was held regarding aboveground fuel storage tanks and inforrriation that had been provided by Northwest Associated Consultants. Wtut~house indicated it was his intent that above ground fuel tanks not be utilized;in retail commercial settings. A discussion was held regarding a proposal by City staff to place remaining final platsthat have legal standing and will be reviewed under the requirements inexistence prior to December 31,1993 on aPlanning Commission consent agenda. -This would allow the Planning Commission the opportunity to have more time to review new plats submitted after January 1,199. , 94.15. Motion;yyas made by Whitehouse, seconded by Smith to place final plats that will be r~t,Fiewed under the requirements in existence prior to December 31, 1993 on~a Planning Commission consent agenda. Roll-call w~ taken on the motion. Ayes: Unanimous. The meeting was adjourned at 10:15 p.m. Respec~~yely submitted: ira Holliday, Record' g Secretary ATTEST. M L%i° of r , .air 5'