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HomeMy WebLinkAbout10-06-94 CITY OF LAKEVII.,LE PLANNING COMMISSION MEETING MINUTES OCTOBER 6, 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 Steigerwalt, Holberg, Skipton, Smith, 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 September 22, 1994 Planning Commission meeting were approved as printed. ITEM 4 The public hearing to consider the application of Richard Hindt for a building setback variance to allow an existing garage addition to remain on an existing i single family residential dwelling, located at 6655 Upper 167th Street West was continued from the September 22, 1994 meeting. Frank Dempsey presented background information on the proposed variance. He went on to explain that the following items have been addressed: • Letters from the utility companies have been received regarding the easement • Letters from adjacent property owners have been received regarding the fence placed on their. property • The driveway has been paved • The shed on the north side of the lot will be moved • The shed on the east side of the lot will be removed prior to City Council review or a $500 security will be posted if the shed is not removed prior to City Council review The Commission held a discussion which included the $500 escrow and the reconstruction of the third garage should it be destroyed. Public comment: Larry Bennett, new owner of the property, questioned the exact date when the shed has to be removed. Staff responded. PLAS~TING COMMISSION MEETING MINUTES. OCTOBER 6, 1994 PAGE 2 Mr. Bennett also asked if the play house has to be moved out of the easement. Staff stated that. it does. Mr. Hindt explained the expenses he has incurred during the process of closing on his home, stating he has posted a $5,000 escrow with the title company and $500 with the City. He asked if the $500 posted with the City could be used as escrow for the removal of the shed. Staff stated that would be acceptable. Amendments were made to the stipulations listed in the planning .report as follows: c) One of the two detached accessory buildings shall be removed from the property. The remaining detached accessory building shall not be located closer than ten feet from the house and all property lines and shall not be located within a drainage and utility easement. A security in the sum of $500 shall be submitted prior to City Council consideration of the variance and easement vacation to guarantee compliance with the stipulations of the variance by November 1, 1994. d) deleted new d) In the event that the garage addition is destroyed beyond 50 percent of its market value, the garage addition shall not be rebuilt without meeting the required setbacks. e) deleted 94.134 Motion was made by Luick, seconded by Steigerwalt, to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.135 Motion was made by Miller, seconded by Luick to recommend approval of the application of Richard Hindt for a building setback variance to allow an existing garage addition to remain on an existing single family residential dwelling, located at 6655 Upper 167th Street West subject to the planning report dated September 28, 1994 as amended and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. ITEM 5 Public hearing to consider the application of Kwik Trip, Inc. for a minor Comprehensive Plan amendment to modify the Generalized Land Use Map from a . low density residential use to a commercial use of the property; a rezoning from R- 2, Single Family Residential District to B-4, General Business District; a PLANrTING COMMISSION MEETING M][MUTES OCTOBER 6, 1994. PAGE 3 conditional use permit to allow a Kwik Trip convenience store and gas station in a B-4 District, all on land located on the west side of Cedar Avenue, south of 170th Street. The City Attorney attested that all legal notices had been duly published and mailed. Staff requested. that the public hearing be tabled pending a submittal from the applicant. 94.136 Motion was made by Whitehouse, seconded by Smith to continue the public hearing. Roll call was taken on the motion. Ayes: Unanimous. ITEM 6 The public hearing to consider the application of Bridlewilde Joint Venture for a minor Comprehensive Plan amendment to include the property in Comprehensive Planning District 23 and to modify the Generalized Land Use Map from a low density residential use to a commercial use of the property and a rezoning from R- 2, Single Family Residential District to PUD, Planned Unit Development, all on land located onthe west side of Cedar Avenue, south of 170th Street was opened. The City Attorney attested that all legal notices had been duly published and mailed. Staff requested that this item be tabled pending a submittal from the applicant. 94.137 Motion was made by Steigerwalt, seconded by Smith to continue the public hearing. Roll call was taken on the motion. Ayes: Unanimous. Staff indicated that the public in attendance interested in these issues should contact staff regarding a new date for the hearing. ITEM 7 The public hearing to consider the application of Terry Hilla for a conditional use permit to allow a third, detached accessory building located at 16465 Judicial Road 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 September 28, 1994. His review included the following: PLANNING COMMISSION MEETING MINL7TES OCTOBER 6, 1994 PAGE 4 • Background • Zoning • Zoning Ordinance regulations • Comprehensive Plan • Lot size • Existing land use • Non-conforming conditions • Surrounding land uses • Combination of property with adjacent landlocked parcel • Surfacing of driveway • Setbacks Mr. Dempsey stated that staff recommends approval of the proposed conditional use permit subject to the stipulations listed in the planning report. Mr. Hilla was present and discussed the history of the property, describing major renovations which has been made to the house. He further addressed recommendations of staff as follows: He stated he needed to sell the adjacent land locked parcel in order to afford all the conditions recommended by staff. He also stated he entered into a purchase agreement on the landlocked parcel and therefore no longer owned it. He stated he is willing to sign a Quit Claim Deed for three feet on the front property line. He stated he will have all power lines placed underground. He stated he would .like to use paving stone on the driveway. He stated he felt the $2,000 escrow is excessive. He stated he could pave 45 feet of the driveway now and the remainder at a later date. He questioned the stipulation regarding a home occupation, stating his wife works out of their home as a medical transcriber. He questioned the regulations regarding replacement of his home in the event it were destroyed. Staff responded that Mr. Hilla should check with his insurance carrier regarding rebuilding in the event of an occurrence. PLANNT.[VG COMMISSION MEETING MINUTES OCTOBER 6, 1994 PAGE 5 • The Commission held a discussion which included the followin g • Lot sizes of surrounding property (mostly non-conforming) • Escrow for paving of driveway • Sale of landlocked parcel • Combination of two accessory buildings • Fence lines Brian Knock, 16499 Judicial Road, stated that most of the property in the area is non-conforming. He further stated that the area is a rural area, unlike most subdivisions in the City (i.e. unpaved driveways, etc.). Mr. Knock indicated he will be purchasing the subject landlocked parcel from Mr. Hilla. Staff asked Mr. Knock if he would be interested in combining the subject parcel with his property. He stated he did not wish to combine the two properties, as it is his intention to use it as pasture land. Assistant City Attorney Jim Walston recommended that the item be tabled to allow stafftime to discuss the issues with Mr. Hilla and Mr. Knock. • 94.138 Motion was made by Miller, seconded by Skipton to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.139 Motion was made by Luick, seconded by Steigerwalt to table action on the application of Terry Hilla for a conditional use permit to allow a third, detached accessory building, located at 16465 Judicial Road. Roll call was taken on the motion. Ayes: Unanimous. ITEM 8 The public hearing to consider the application of Jon and Jodie Skyberg for a conditional use permit to allow the construction of an addition onto an existing non-conforming single family dwelling, located at 9845 Oak Shore brive 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 September 28, 1994. His review included the following: • • Background PLANNING COMMISSION MEETING NIINUTES OCTOBER 6, 1994 PAGE 6 • • Zoning • Zoning Ordinance regulations • Existing land use • Maximum permitted building height • Proposed building height • Maximum permitted impervious surface area • Existing impervious surface area • Comprehensive Plan • Utilities • Surrounding land uses • Private well on the property • Proposed additions • Existing deck stairway • Existing vegetation on the property • Department of Natural Resources and Dakota County Soil and Water Conservation District recommendations • Environmental Affairs Committee recommendations • Assistant City Engineer recommendations Mr. Dempsey stated that staffrecommends approval of the proposed addition onto the Skyberg's existing non-conforming single family residential home subject to four stipulations listed in the planning report. Mr. Skyberg was present and stated he plans to either get a permit for the private well from Dakota County or seal it. Mr. Erickson stated that a $500 escrow could be posted to ensure that a permit for the well is obtained or the well is sealed. The Commission held a brief discussion. An amendment to the stipulations in the planning report was made as follows: 4. The property owner shall post. a $500 escrow until the required private well permit from Dakota County is obtained or the well is sealed. 94.140 Motion was made by Miller, seconded by Luick to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.141 Motion was made by Luick, seconded by Skipton to recommend approval. of the application of Jon and Jodie Skyberg for a conditional use permit to allow the • construction of an addition onto an existing non-conforming single family dwelling, located at 9845 Oak. Shore Drive subject to the planning report dated September PLA1`1NING COMMISSION MEETING NIINUTES .OCTOBER 6, 1994 PAGE 7 • 28, 1994 as amended, the letter from the Department of Natural Resources dated September 23, 1994, the Dakota County Soil and Water Conservation District letter dated September 28, 1994, the engineering report dated September 30, 1994 and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. ITEM 9 The public hearing to consider the application of Merillat Industries for a conditional use permit to allow the construction of loading berths facing a public street right-of--way on land located at 21755 Cedar Avenue was opened. The City Attorney attested that all legal notices had been duly published and mailed. Staff requested that this item be tabled at the request of the applicant pending further information from the applicant. 94.142 Motion was made by Steigerwalt, seconded by Smith to continue the public hearing. Roll call was taken on the motion. Ayes: Unanimous. ITEM 10 The public hearing to consider the application of Grist Mill Company for a conditional use permit to allow off site parking and impervious surface area in excess of 25 percent in the Shoreland Overlay District, located at 21340 Hayes Avenue 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 September 28, 1994. His review included the following: • Zoning • Zoning Ordinance regulations • Comprehensive Plan • Parking deferment • Parking plan • Impervious surface area • Separate parcels of record owned by Grist Mill • Possible acquisition of Lot 4, Block 4, Airlake Industrial Park First Addition by Grist Mill PLANNING COMMISSION MEETING MINUTES OCTOBER 6, 1994 PAGE 8 Mr. Dempsey stated that staff recommends approval of the proposed conditional use permit subject to three stipulations listed in the planning report. Jack Matasosky and Dennis Kroll. of Appro Development and Tom Renshaw of Grist Mill were present to answer questions of the Commission and public. The Commission held a brief discussion regarding existing parking spaces, the acquisition of Lot 4, Block 4, Airlake industrial Park First Addition by Grist Mill, and snow storage. There was no public comment. 94. 143 Motion was made by Whitehouse, seconded by Luick to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.144 Motion was made by Smith, seconded by Skipton to recommend approval of the .application of Grist Mill Company for a conditional use permit to allow off site parking and impervious surface area in excess of 25 percent in the Shoreland • Overlay District, located at 21340 Hays Avenue. Roll call was taken on the motion. Ayes: Unanimous. ITEM 11 The public hearing to consider the application of T.N.C., Inc., Eliason Construction Co., and Eliason Enterprises, Inc. for the preliminary plat of 37 single family residential lots to be known as Raven Lake, a minor Comprehensive Plan amendment to bring the property into the Year 2000 Urban Service Area, and a variance to allow a cul-de-sac street with a length greater than 500 feet, all on land located north of 185th Street and east of Kenwood Trail 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 variance, outlining the planning report dated September 30,1 994. His review. included the following: • Background • Zoning and adjacent land uses • Consistency with the Comprehensive Plan • Density • • Phasing • Lotslblocks PLAI~TNING COMNIISSION MEETING MINUTES OCTOBER 6, 1994 • PAGE 9 • Outlots • Setbacks • Streets • Grading, drainage and erosion control • Utilities • Tree preservation • Wetlands • Park and trail dedication • MUSA • Neighborhood meeting • Environmental Affairs Committee recommendation Mr. Morey stated that staff recommends approval of the proposed preliminary plat, final plat, minor Comprehensive Plan amendment and variance subject to the planning report dated September 30, 1994. Jim Johnson and Joel Rutherford, Bolten and Menk, project engineers, were present representing the developer. Ferrol Robinson, Strgar, Roscoe, Fausch, reviewed the transportation analysis • prepared for the area. The Commission held a discussion which included the following: • Tree survey -number of significant trees • Drainage and utility easements ' • Conservation easement signage Public comment: Gary Porter, 18265 Java, stated he felt the plan for the area was much improved from the plan submitted several years ago. He went on to express his concern over construction traffic, stating he does not agree with the layout of the streets. Staff addressed the issue of construction traffic Susan Lappe, 18628 Java, expressed her concern over traffic patterns through the existing Woodridge Estates subdivision. Tim. Hansen, Assistant City Engineer discussed phasing of the project and the use of Highway 50. s PLASINING COMMISSION MEETING MINUTES OCTOBER 6, 1994 PAGE 10 Dale Lappe, 18628 Java, questioned protection of the wetland and stated his opposition to the layout of the streets. He stated he would like to see 182nd Street go through. Mr. Erickson. responded. Glen Norman of 17947 Jaguar stated that he felt Jaguar should remain closed. Ray Von Bank, 18100 Kenwood Trail expressed his concern over possible drainage problems. Susan Lappe asked staffto address Woodridge drainage and wetlands as it relates to the proposed cul-de-sac on 182nd Street. Tim Hanson addressed this issue. Ferrol Robinson, SRF discussed the trafFic analysis for Highway 50. Steve Grohoski, 18390 Jamaica, discussed the history of the Woodridge area. He stated he is opposed to the proposed street layout. • Gary Tushie, 18193 Jamaica Path, addressed the street layout and the conservation easement. He further stated he was disturbed over comments made in the Woodridge neighborhood regarding favoritism toward he and Mr. Bob Brantly due to their membership on the Economic Development Commission. Mark Van Zandt, 18411 Java, encouraged the Planning Commission to include a recommendation that the barricade at the north end of Java Court remain in place until the first lift of asphalt is installed. A stipulation was added to the planning report as follows: • The developer shall construct a temporary access for construction traffic at County Road 50 and Jaguar path. Java Trail north of .Woodridge Addition shall remain closed to traffic until the first lift of asphalt is installed in Raven Lake First Addition. 94.145 Motion was made by Skipton, seconded by Whitehouse to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. . 94.146 Motion was made by Steigerwalt, seconded by Whitehouse to recommend approval of the application of T.N.C. Eliason Construction Co., and Eliason PLANNING COMMISSION MEETING MINUTES OCTOBER 6, 1994 PAGE 11 Enterprises, Inc. for the preliminary plat of 37 single family residential lots to be known as Raven Lake, a minor Comprehensive Plan amendment to bring the property into the Year 2000 Urban Service Area, and a variance to allow a cul-de- sac street with a length greater than 500 feet, all on land located north of 185th Street and east of Kenwood Trail subject to the planning report dated September 30, 1994 as amended, the engineering report dated September 30, 1994, and the Dakota County Soil and Water Conservation District report dated September 30, 1994. Roll call was taken on the motion. Ayes: Smith, Whitehouse, Luick, Steigerwalt, Holberg, Skipton. Nay: Miller The reason Miller voted nay was he felt 182nd Street should go through. ITEM 7 (continued) Michael Sobota stated that staff and Mr. Hilla had not reached an agreement on the issue of the landlocked parcel. Mr. Hilla stated that he only wants to build a garage and the City is trying to meet it's own needs. Jim Waltton discussed with the Planning Commission, the advantages of combining the two parcels of • property. Mr. Hilla stated he is willing to combine the chicken house and horse barn and reduce his request to only two buildings on the property instead of three. Mr. Erickson stated that an escrow will be required for the paving of the driveway. Mr. Walston requested the property transaction documents between Mr. Hilla and Mr. Knoch be provided prior to City Council consideration of the conditional use permit. Stipulations to the conditional use permit were recommended as follows: 1. The relocated accessory building shall be attached to the existing horse stable and both buildings shall be of similar color. 2. The new three stall garage shall be constructed in the location outlined on the Certificate of Survey dated February 5, 1992 and revised October 10, 1994, and constructed of similar color and material as the house. 3. The north driveway shall be surfaced with bituminous, concrete, paving block or similar material from the street access to a point no less than 45 feet from the street access no later than November 1, 1995. A cash escrow or letter of credit in the sum of $500.00 shall be submitted prior to the issuance of a building permit to guarantee the installation of the driveway by November 1, 1995. • PLASINING COMMISSION MEETING MIl~TUTES OCTOBER 6, 1994 PAGE 12 4. Electric power lines servicing any accessory building shall be placed under ground. 5. No home occupation or commercial activities shall be conducted in any accessory building on the property. 6. The fence encroaching onto the landlocked parcel shall be relocated onto the 2.96 acre parcel in conformance with the Zoning Ordinance. 94.147 Motion was made by Smith, seconded by Skipton to close the public hearing. -Roll call was taken on the motion. Ayes: Unanimous. 94.148 Motion was made by Smith, seconded by Miller to recommend approval of the application of Terry Hilla for a conditional use permit to allow a second, detached accessory building, located at 16465 Judicial Road subject to the planning report dated September 28, 1994 as amended and the findings of fact. Roll call was taken on the motion. Ayes: Whitehouse, Luick, Steigerwalt, Skipton, Smith, Miller. Nay: Holberg. Holberg stated the reason she voted nay was she felt the problems with the combination of the two parcels should be worked out and that access to the landlocked parcel should be determined. ITEM 12 The public hearing to consider the application of the City of Lakeville for an amendment to the Comprehensive Plan to include revisions to the Comprehensive Transportation Plan for the City of Lakeville was opened. The City Attorney attested that all legal notices had been duly published and mailed. Ferrol Robinson, Strgar, Roscoe, Fausch presented an overview of the significant portions of the Transportation Plan, highlighting. major transportation corridors and corresponding right of way requirements. 94.149 Motion was made by Smith, seconded by Steigerwalt to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.150 Motion was made by Luick, seconded by Miller to recommend approval. of the application of the City of Lakeville for the Comprehensive Transportation Plan as • an amendment to the City of Lakeville's Comprehensive Plana PLANNING COMMISSION MEETING MINUTES OCTOBER 6, 1994 PAGE 13 Roll call was taken on the motion. Ayes: Unanimous. There being no further business, Chair Holberg adjourned the meeting at 11:30 p.m. Respectfully submitted: Mira Holliday, Rec ding Secretary AT ST: M z of g, Chair •