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HomeMy WebLinkAbout11-04-93 r CITY OF LAKEVILLE PLANNING COMMISSION MEE`FING MINUTES NOVEMBER 4, 1493. The meeting was called to order by Chair Holberg at 7:00 p.m, in the City Ha11 Council Chambers. Roll call of members was taken.. Present:: Whitehouse, Luick, Holberg, Smith, Miller. Absent: Steigerwalt, Whttingham. Also present: Robert Erickson, City Administrator; Jim Walston, Assistant City Attorney; Michael Sobota, Communi and Economic Development Director; Frank Dempsey, Associate Planner; Mira. Holliday, Recording Secretary. The minutes. of the October 21,1443 Planning Commission meeting were approved as printed. ITEM 4 The public hearing to consider the application of Michael Horvath for a conditional use permit t© allow the installation of a free standing amateur radio antenna with a height in excess of 1S feet on a single family residential lot located at 16770 Hemlock Court was continued from the September 16 and the October 21, 1993 Planning Commission meeting.. i Frank Dempsey presented a brief background of the proposed conditional use permit. He stated a neighborhood meeting with approximately 2S residents to attendance had been held October 12, 1943 and as a result of that meeting, a temporary radio antenna was erected by Mr. Horvath in his back yard to a total height of SO feet. He stated that all parties in attendance agreed that the best location far the antenna would be as close to the center and rear of the house as possible to maximize screening. of the tower. Shrubbery and small trees were also suggested as low level screening of the tower from the adjacent properties. Mr. Dempsey displayed pictures that were taken of the temporary antenna. Mr. Dempsey stated that staff recommends approval of the proposed conditional use permit subject to recommendations listed in the draft conditional use permit with the addition of recommendations g, h, and as follows: g. Any additional antennas or appurtenances other than those approved as part of the conditional use permit application shall require an amendment to the conditional use permit. h. Landscape screening shall be installed around the base of the antenna tower to limit visibility of the tower froth adjacent properties. i. In the event that Mr. Horvath sells, abandons. or otherwise vacates the property subject to this permit, this permit shall automatically. terminate. Upon such termination the antenna shall be removed. • PLANNING COMMISSION MEETING MINUTES NOVEMBER 4,.1993 Page 2 Mr. Horvath was present to answer questions of the Commission and public. The Commission held a discussion which included setbacks, location of proposed antenna, and landscape screen. Ken Barth of 16790 Hersey Court questioned Mr. Harvath's property line and the type of plants to be used for screening. .Keith Stratman of 168th Street questioned if the actual location of the antenna would be shown on the conditional use permit. John Dalton of 16775 Hampton Drive suggested a fence be built to keep children away from the antenna. He also questioned what could be done if interference became a problem. Mr. Sobota and Mr. Walston indicated there are safe guards in the conditional use permit and FCC regulations to address this concern. 93.164 Motion was made by Smith, seconded by Miller to close the public hearing. • Roll call was taken on the motion. Ayes: Unanimous. The Commission held a discussion which included. - Wind load. of the antenna tower must meet building code requirements) - Possible problems with interference (condition of conditional use permit) - FCC standards regarding interference - Landscaping around base of the tower The Commission amended condition h of the draft conditional use permit as follows: h. Landscape screening plan shall be subrnitted for staff review prior to approval by the City Council. 93.165 Motion was made by Smith, seconded by Luick to recommend approval of the application of Michael Horvath for a conditional use permit to allow the installation of a free standing amateur radio antenna with a height in excess of 15 feet on a single. family residential lot located at 16770 Hemlock Court subject to the planning report dated October 28, 1993, the findings of fact and the amended draft conditional use permit. Roll call was taken on the motion. Ayes: Unanimous. • PLANNING COMMISSION MEETING MINUTES NOVEMBER 4, 1993 Page 3 ITEM 5 The public hearing to consider the application of Debra K. Polzine far a special home. occupation permit to allow the operation of a beauty shop in a single family residence located at 16299 Heath Court was opened. The City Attorney attested that ail legal notices had been duly published and mailed. Frank Dempsey presented an overview of the proposed special home occupation, outlining the planning. report dated October 28, 1993. He noted the Polzines agreed to purchase the home on the condition the permit is granted by the City. His review included the fallowing: - Background - Surrounding land uses - Zoning Ordinance requirements (Section 10.4} - Number of customers to be served - Equipment to be installed - Proposed hours of operation - Parking demand • - Retail hair. care products to be sold Mr. Dempsey stated that staff recommends approval of the Polzine special home occupation permit request subject to 11 conditions listed in the planning report. Mr. and Mrs. Polzine and the current owner of the house were present to answer questions of the Commission and public. Lisa Summer of Havelock Way expressed her concern over the increased traffic-that the home occupation would generate in the neighborhood. She stated she felt the increased trafficwould be an invasion of privacy in their cul-de-sac. Kevin Fenner of Havelock Way expressed his concern over the possibility of increased traffic. Dave McMillan of Heath Court expressed his concern over increased traffic and the possibility of mail boxes being blocked by NIs. Polzine's customers. Scott Wiest of Griffon Trail expressed his concern aver the increased traffic in the area and the danger it could present for neighborhood children who play in the streets. Steve Willergreen of Heath Court expressed his concern over the increased traffic in relation to the number of young children in the neighborhood. • Tom Davis of Heath Court stated he has a dog, which is kenneled near the entrance to the proposed beauty salon,. that would bark at the customers and disturb the neighborhood. • PLANNING COMMISSION MEE'T'ING MINUTES NOVEMBER 4, 19x3 Page 4 Jim Drake of Havelock Way stated he wants to keep the neighborhood private. He also questioned the proposed signage far the beauty salon. Chris Drake of Havelock Way questioned the amount of available parking space. She also expressed her concern for the security of the neighborhood with the increased traffic. Mark Ryer, owner of the property, stated he appreciated the concern of the neighborhood, He went on to explain that the driveway is large enough for five cars to be parked. Arden Polzine stated there wilLbe na delivey of products to the proposed salon and that Ms. Polzine expects to have approximately six or seven customers per day. Robert Erickson stated that he estimated one in five residents who have home occupations actually apply for a home occupation permit. He thanked Ms. Polzine far submitting an application. F-ie further stated that 18 percent of homes in the City have home occupations based an the recent Community survey. • 93.166 Motion was made by Smith, seconded by Miller to close the public hearing. Roll call was taken an the motion. Ayes: Unanimous. The Commission held a discussion which ine.luded: - Sale of merchandise - Number of parking spaces - Concern with precedent for home occupations in a cul-de-sac - Business currently being conducted by the current home owner at that address - Plumbing to be installed - Fact that Ms. Polzine's business was already established in a business district and proposed to be moved into a residential district - Signage The Commission added a stipulation that. there shall only be a sign no larger than two square feet on-the door far customers to enter. There shall be na sign placed in the yard. 93.167 Motion was made by Miller, seconded by Luick to recommend approval of the application of Debra K. Polzine for a special home occupation permit to allow the operation of a beauty shop in a single family residence located at 16299 Heath Court subject to the planning report dated October 28, 1993 as amended, the findings of fact and the draft special home occupation . permit. Roll call was taken on the motion. Ayes: None. Nays: Unanimous. The reasons for the Commission voting nay was as follows: • PLANNING COMMISSION MEETING MINUTES NOVEMBER 4, 1993 Page 5 - Miller -location being on a cul-de-sac - Smith -increased traffic and the location being on a cul-de-sac - Luick -increased traffic and the location being on a cul-de-sac - Whitehouse -the business is already established at another location in a commercial zone Robert Erickson stated that if the applicant would like to withdraw her application, a refund of fees would be given. Mr. and Mrs. Polzine withdrew the application. ITEM 6 The public hearing to consider the application of Welsh Companies for an amendment to Conditional Use Permit No. 89-Q1 to allow the Southfork Animal Hospital to relocate within the Kenwood Center, located in the southwest corner of Kenwood Trail and Juniper Path was. opened. The City Attorney attested that all legal notices had been duly published and mailed. Frank Dempsey reviewed the proposed conditional use permit amendment, outlining the planning report dated October 2$, 1993. His review included . the following: - Background - Zoning Ordinance requirements - Transportation plan - Surrounding land uses - Adjoining business at new location - Adjoining business at existing location Dr. Paula Sehneck was present to answer gtiiestions of the Commission and public. The Commission held a discussion which included: - Signage - Parking - Cement walls sealed in kennel area 93.16$ Motion was made by Smith, seconded by Miller to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 93.169 Motion was made by Whitehouse, seconded by Luick to recommend approval of the application of Welsh Companies for an amendment to Conditional Use Permit No. 89-01 to allow the Southfork Animal Hospital to relocate within • the Kenwood Center, located in the southwest corner of Kenwood Trail and Juniper Path subject to the planning report dated October 28, 1993, the findings of fact, and the draft conditional use permit amendment. . . • PLANNING C4MMISSI4N MEETING MINUTES NOVEMBER 4, 19!)3 Page 6 Roll call was taken on the motion. Ayes: Unanimous. UNFINISHED BUSINESS The Commission questioned staff regarding improvements and parking lot lighting at Orchard Lake Elementary School. The Planning Commission asked Mr. Sobota to write a letter to the school district. Chair Holberg adjourned the meeting at 9:7:0 p.m. Respectfully submitted: L Mira Holliday, R cording. Secret ATTEST: • iz e ,Chair •