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Home My WebLink About01-21-93 F ~ CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES JANUARY 21,1993 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, Steigerwalt, Holberg, Whittingham, Smith, Miller. Also present: Robert Erickson, City Administrator; Roger Knutson, City Attorney; Michael Sobota, Community and Economic Development Director, Allan Hunting, Northwest Associated Consultants; Jeff Oliver, Assistant Engineer; Mira Holliday, Recording Secretary. The minutes of the 3anuary 7,1993 Planning. Commission meeting were approved as written. ITEM 4 Michael Sobota requested the Commission move to another agenda item to allow time for Mr. Bodine to arrive. ITEM 5 The public hearing to consider the application of Barbara Joan Odland for a conditional use permit to allow the construction of an addition onto an existing non-conforming single family residential dwelling on land located at 12000 -168th Street West was opened. The City Attorney attested that all legal notices had been duly published and mailed. Allan Hunting presented an overview of a proposed three season porch, outlining the planning report. of January 14,1993. He discussed the following: - Background - Conditional use permit and variance granted to Glenn Klotz in 1981 to construct the house - Deck on which the three season porch is proposed to be constructed is illegally extending beyond the approved 1981 building line and is in violation of the .1981 approval Mr. Hunting stated that staff does not recommend approval of the conditional use permit based on the fact that. the deck extends beyond the 1981 approved building line and is not legal. Ms. Odland was present and expressed her confusion over the recommendation, commenting on the letter dated January 14,1993 from the Department of Natural Resources which states no objection to the construction of the three season porch. • • PLANNING COMMISSION MEETING MINUTES JANUARY 21,1993 Page 2 The Commission and staff discussed with Ms. Odland the fact that the deck on the west side was built without a permit. A permit was subsequently issued after construction. The deck on the east side was built without approval at the time of house construction. The City Attorney determined that Ms. Odland is not eligible for a conditional use permit. Staff suggested that Ms. Odland withdraw her application and a full refund of application fees be given. Jim Stanley questioned why the City had not caught the illegal construction of the east deck at the time of final inspection. Mr. Erickson suggested that Ms. Odland discuss the construction of the east deck with the builder of the house, Glen Klotz and possibly have him attend a Planning Commission meeting to explain why the deck was constructed. The Commission requested City AttorneyRoger Knutson write a letter to Ms. Odland explaining in detail the reasons for denial of the proposed conditional use permit and the possibility of reapplying for a variance. Ms. Odland withdrew her application. • ITEM #4 The public hearing to consider the application of Stephen and Patricia Bodine for a building setback variance from the ordinary high water level of Orchard Lake to allow the construction of a house and deck addition onto an existing single family dwelling (section 47.5(1c) of the Zoning Ordinance) on land located on the south side of 168th Street, west of County Road 44 was continued from the October 15,1992 meeting. Michael Sobota stated that the Bodines have withdrawn their variance application for the construction of a house .addition. He further stated .that they now.plan to redesign the construction of a stairway within the required setback. Therefore, a conditional use permit will be required due to the non-conforming use. Mr. Bodine withdrew his application for the variance for the stairway and stated that upon completion of final plans, he will apply for a conditional use permit. The Commission recommended that staff=apply the variance-fees to the conditional use permit application. ITEM 6 The public hearing to consider the application of Barbara Enright-Ristow for the vacation of a portion of a drainage and utility easement on land located at 18379 Ixoma Avenue was opened. The City Attorney attested that all legal notices had been duly published and mailed. • • PLANNING COMMISSION MEETING MINUTES JANUARY 21,1993 .Page 3 Michael Sobota presented an overview of the proposed vacation, outlining the memorandum dated January 15,1993. He stated the purpose of the easement vacation would be to remove an encroachment of the existing detached garage into the current drainage and utility easement. He also discussed the following: - Notification~of utility companies - January"12,1993. engineering report - Obtaining dedication from property owner to the south of the subject property Ms. Barbara Enright-Ristow was present to answer questions of the Commission and public. The Commission held a discussion which included: - Original construction of the garage -14 years ago - The legal non conformity status of the attached garage and detached ggaragge for excess square footage - ~7erification of easement dedication from south adjacent property owner There was no public comment. .93.18 Motion was made by Miller, seconded by Smith to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 93.19. Motion was made by Steigerwalt, seconded by Miller to recommend approval of the application of Barbara Enright-Ristow for the vacation of a portion of a drainage and utility easement on land located at 18379 Ixonia Avenue subject to planning memorandum dated January 15,1993, the engineering memorandum dated January 12,1993 and contingent on the south property owner dedicating a minimum 2 foot drainage and utility easement. Roll call was taken on the motion. Ayes: Unanimous. ITEM 7 The public hearing to consider the application of the City of Lakeville for a minor comprehensive plan amendment to bring. existing homes and platted property along Holyoke Avenue and 195th Street West into the Year 2000 Urban Service Area was opened. The City Attorney attested that all legal notices had been duly published and mailed.. Michael Sobota presented an overview of the proposed amendment, stating the property is currently platted or developed with failing septic systems. The City Council has approved Public Improvement Project 92-10 to extend sanitary sewer to the area to solve the severe pollution problem. He further stated the total acreage being requested to be brought into the Urban Service Area is 5.342 acres. . z . PLANNING COMMISSION MEETING MINUTES JANUARY 21,1993 Page 4 The Commission held a brief discussion. 93.20 Motion was made by Steigerwalt, seconded by Miller to close the public hearing. Roll. call was taken on the motion. Ayes: Unanimous. 93.21 Motion was made'by Steigerwait, seconded by Smith to recommend approval of the application of the City of Lakeville for a minor comprehensive plan amendment to bring existing homes and platted property along Holyoke Avenue and 195th Street West into the Year 2000 Urban Service Area. Roll call was taken on the motion. Ayes: Unanimous. ITEM 8 -UNFINISHED BUSINESS A discussion was held regarding the application of the City of Lakeville for the rezoningg of land located west of Kenyon Avenue and south of 179th Street West.. Mr. Erickson reviewed the report of Northwest Association Consultants, The findings of fact, drafted by the City Attorney were discussed. 93.22 Motion was made by Steigerwalt, seconded by Miller to reconsider motion number 93.14 of the January 7,1993 Planning Commission meeting. Roll call was. taken on the motion. Ayes: Unanimous. 93.23 Motion was made by Smith, seconded by Whittingham to recommend the rezoning of land located west of Kenyon Avenue and south of 179th Street West from B-4, General Business District to R-5, Single and Two Family, Medium Density Residential District. Roll call was taken on the motion. Ayes: Unanimous. 93.24 Motion was made by Steigerwalt, seconded by Smith to adopt the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. The meeting was adjourned by Chair Holberg at 9:00 p.m. Respectfully submitted: D u Ho iday, Recordin ecretary • PLANNING COMMISSION MEETING MINUTES JANUARY 21,1993 Page 5 ATTEST:. 7 r- M ...Liz ber air i i