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HomeMy WebLinkAbout05-21-92 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES MAY 21,1992 The meeting was called to order by Chair Steigerwalt at 7:00 p.m. in the City Hall Council Chambers. Roll call of members was taken. Present: Whitehouse,. Steigerwalt, Whittingham, Smith, Miller. Absent:. O'Donnell, Holberg. Also present was Robert Erickson,. City Administrator; Jim. Walston, Assistant City Attorney; Michael Sobota, Community and Economic Development Director; Daryl Morey, Assistant Community and Economic Development Director; Jeff Oliver, Assistant Engineer; .Mira Holliday, Recording Secretary. The minutes of the May 7,1992 Planning Commission meeting were approved as written. The public hearing to consider the application of Peter J. Larson for a conditional use permit to allow the expansion of an existing non-conforming single family dwelling to improve its livability on land located at 17284 Judicial Road was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey presented an overview of the proposed conditional use permit, outlining the planning report of May 14,1992. He stated that Mr. Larson wishes to add to an existing non-conforming single family home located on the west side of Orchard Lake. He further stated that the proposed addition will be located at the rear of the house, away from Orchard Lake. Like the existing house, the addition on`~he rear will not meet'the 75 foot building setback requirement from the ordinary high water level of Orchard Lake. Mr. Morey also discussed the following: - Retaining wall located near the shoreline. of Orchard Lake - Building setbacks from Orchard Lake - Relocated Judicial Road - Existing deck - Detached shed - Conditional use permit to allow addition onto the north side of house granted in 1982. - Improvement of livability to the house - Additional two decks proposed to be constructed - Shoreland Impact Plan - Dakota County Soil and Water Conservation District recommendation - Environmental Affairs Committee recommendation Mr. Morey stated that the DNR informed staff that they have no objections to this request. He further stated that staff is supportive of Mr. Carson's proposal to improve the livability of his house by adding an addition away from the Orchard Lake side of the house. He went on to state: that staff is concerned about the proposed addition of two more decks and feels that either the existing deck be removed or the proposed two new PLANNING COMMISSION MEETING MINUTES MAY 21, .1992 PAGE 2 decks be eliminated from the plans. He indicated that Mr, Larson had submitted a revised site survey without the two new decks but including enlarged deck space in the area of the existing deck. He further stated that a site inspection revealed that the detached shed has been removed at staff's recommendation. Therefore, stipulation number 7 of the planning report has been met. Mr. Morey stated staff is recommending approval subject to the 10 stipulations listed in the planning report, with the elimination of stipulation number 7. Mr. Larson and his architect Ray Geiger were present to answer questions of the Commission and public. The Commission held a discussion which included: Issuance of previous permits - Concern over existing deck and two proposed decks DNR review of deteriorating retaining wall - Increasing non-conformity (none) - Future garage expansion (none) There was no public comment. • Robert Erickson stated that the amount of deck space allowed under this conditional use permit could set a precedent for future deck requests on .this side of Orchard Lake. He further stated that Dr. French, a University of Minnesota tree expert, should evaluate the proposed deck construction near the majestic oak tree on the property as a part of the review process. A discussion was then held regarding. the amount of deck space to be allowed. Mr. Larson agreed to decrease the combined square footage of the new deck (which would replace the existing deck) to no more than currently exists. Mr. Larson also agreed the proposed location was to be determined by the recommendation of Dr. French regarding the potential impact on the large oak tree. The amended planning report recommendations are as follows: 1. The recommendation of the Environmental Affairs Committee. 2. Implementation of the Shoreland Impact Plan dated January, 1992. 3. The total square footage of the proposed new deck shall not exceed the total square footage of the existing deck; the location of the proposed new deck should be no closer to Orchard lake than the existing deck; and the final location of the proposed new deck shall be subject to the verification of Dr. French that there will be no adverse impact on the existing, adjacent 48 inch diameter oak tree. PLANNING COMMISSION MEETING MINUTES MAY 21,1992 PAGE 3 4. The addition, exclusive of decks, shall be constructed in accordance with the certificate of survey dated January, 1992. 5. The exterior materials and color of the proposed addition shall match those of the existing house. 6. The existing gravel driveway shall be paved in accordance with Zoning Ordinance requirements by October 1,1992. 7. The height of the proposed addition shall meet Zoning Ordinance requirements. 8. The plans for the proposed addition shall be approved by the Building Inspection Department. 9. The applicant waives any and all procedural and substantive objections to the special assessments for Project #89-9, the Judicial Road Improvement Project, including but not limited to hearing requirements and any claim that the assessments exceed the .benefit to the property The applicant waives any appeal rights otherwise available pursuant to M.S.A. Statutes 429.081. 10. The proposed new deck shall not be converted into an enclosed living space. 11. The existing retaining wall. shall be replaced subject to the review and approval of the DNR and City staff. 92.57 Motion was made by Miller, seconded by Whitehouse to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 92.58 Motion was made by Whittingham, seconded by Miller to recommend approval of the application of Peter J. Larson for a conditional use permit to allow the expansion of an existing non-conforming single family dwelling to improve its livability on land located at 17284 Judicial Road subject to the planning report of May 14, 1992, as amended, and the findings of fact. Roll call was taken on the motion. Ayes: Steigerwalt, Whittingham, Miller, Whitehouse. Nay: Smith. The reason Smith voted nay was he felt the proposed decks and house addition is too close to the lake shore, condemning property on the lake to another 50 years of non-conformity. The public hearing to consider the application of Rolling Oaks, Inc. for the preliminary plat of 33 single family residential lots to be known as Rolling Knolls and a minor comprehensive plan amendment to bring the property into the Year 2000 Urban Service Area on land located north of 170th Street and east of I-35 was opened. The City Attorney attested that all legal notices had been duly published and mailed. • PLANNING COMMISSION MEETING MINUTES MAY 21, 1992 PAGE 4 Daryl Morey reviewed the proposed 33 single family residential lot subdivision, outlining the planning report of May 11,1992. He discussed the following: - Background - History - Lots blocks and reductions. from approved preliminary plat - Streets. - .Grading, drainage and erosion control - Dakota County Soil and Water Conservation District recommendation - Environmental Affairs Committee recommendation - Tree preservation - Wetlands - Park and trail dedication - MUSA Mr. Morey stated that staff recommends approval of the preliminary and final plat of Rolling Knolls subject to the nine stipulations listed in the planning report. Duane Dietrich, the developer, was present to answer questions of the . Commission and public. He stated he would like to have the flexibility to put the driveway of Lot 1, Block 1 onto Javelin Avenue. The Commission held a discussion which included: - Street naming (too many Jasper Courts) - Tree preservation - Driveway for Lot 1, Block 1(preferably off of Javelin Avenue) - Temporary sediment basin - Timeframe for bamcades on 167th Street Amendments to the recommendations listed in the planning report shall be as follows: 4. Driveway access for Lot 1, Block 1 shall be off of Javelin Avenue or a .driveway turnaround shall be provided. Driveway access for Lot 1, Block 2 shall be off of Javelin Avenue. 6. Barricades shall be installed at both ends of 167th Street until future extension of the street occurs. 8. The street name for Jasper Court shall be directed to the Street Naming Committee for re-evaluation.. 92.59 Motion was made by Whittingham seconded Smith to close the public hearing. ' 92.60 .Motion was made by Miller, seconded by Smith to recommend approval of the application of Rolling Oaks, Inc. for the preliminary plat of 33 single family residential lots to be known a Rolling Knolls and a minor comprehensive plan amendment to bring the property into the Year 2000 Urban . PLANNING COMMISSION MEETING MINUTES .MAY 21,1992 PAGE 5 Service Area on land located north of 170th Street and east of I-35 subject to the planning report of May 11, 1992 as amended, the engineering report dated May 11,1992 and the report of the Dakota County Soil and Water Conservation District dated May 14, 1992. Roll call was taken. on the motion. Ayes: Unanimous. 92.61 Motion was made by Whittingham, seconded by Smith to recommend approval of the final plat of Rolling Knolls subject to the planning report of May 11, 1992, as amended. Roll call was taken on the motion. Ayes: Unanimous. The public hearing to consider the application of Eldon Fossum for a variance to allow a cul-de-sac street with a len th greater than 500 feet Section 10-4-3B of the Subdivision Ordinance on land located west of T.H. 0 and south of Lakeville Senior High School was opened. The City Attorney attested that all legal notices had been duly published. and mailed. Daryl Morey reviewed the proposed final plat of Marion Hills 2nd Addition and the variance request. He discussed the following: • - Background of the lot - History p - Consistency with the approved preliminary plat - Lots blocks - Streets - Variance request - Cash escrow for future upgrading of T.H. 50 - Grading,.. drainage and erosion control - Dakota County Soil and Water Conservation District recommendation - Environmental Affairs Cammittee recommendation - Assistant Engineer report of May 11,1992 - Custom graded lots - Tree preservation - Wetlands - Parks and Trails - MUSA Mr. Morey stated that staff recommends approval of the final plat of Marion Hills Second Addition and a variance for cul-de-sac length subject to nine stipulations listed in the planning report of May 12,.1992, Eldon Fossum and Ron Alwin were present to answer questions of the Commission and public. • The Commission held a discussion which included: - Need for retaining walls - Maximum driveway slope allowed (10%) - Tree preservation - Maintaining natural vegetation along the north side of Jade Lane FLANNING COMMISSION MEETING MINUTES MAY 21, 1992 .PAGE 6 Additions to the stipulations in the planning report are as follows: 10. The existing natural vegetation along the north side of Jade Lane along Lots 12 and 13 shall be preserved. 11. The developer will identify significant trees on a 40 foot path .centered on the shared property line of Lots 9 and 10, Block 1 for installation of watermain loop. Sandy Anderson of Jasper Terrace expressed her concern over the grading. of Lots 7 and 8 in relation to possible drainage problems it could create on her property. Jeff Oliver addressed the issue stating the lots will be custom graded and that additional security will be posted by the developer until .the work is completed. Mike Sobota stated that a tree preservation plan and custom grading plan will be required prior to the issuance of a building permit. Bob Anderson of the same address expressed his concern over settling problems on his property. Mr. Fossum addressed the settling problem on the Anderson's property. The City Attorney stated that the Planning Commission meeting. was not the proper forum for these issues to be addressed. • 92.62 Motion was made by Smith, seconded by Miller to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 92.63 Motion was made by Whitehouse, seconded by Miller to recommend approval of the application of Eldon Fossum for a variance to allow a cul-de-sac street with a length greater than 500 feet (Section 10-4-3B of the Subdivision Ordinance) on land located west of T.H. 50 and south of Lakeville Senior High School subject to the planning report of May 12,1992 with the addition of stipulation numbers 10 and 11, the engineering report of May 11,1992, the Dakota County Soil and Water Conservation District report of May 13,1992, and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. 92.64 Motion was made by Miller, seconded by Whittingham to recommend approval of the final plat of Marion Hills Second Addition subject to the planning report of May 12,1992 as amended. Rall call was taken on the motion. Ayes: Unanimous. Daryl Morey reviewed the final plat of Shady Oak Shores 5th Addition, . outlining the planning report of May 11,1992. He discussed the following: - Background - History Consistency with the approved preliminary plat - Lots blocks - Outlot - Streets PLANNING COMMISSION MEETING MINUTES MAY 21,1992 PAGE 7 - Grading, drainage and erosion control - Recommendation of the Dakota County Soil and Water Conservation District - Recommendation of the Environmental Affairs Committee - Tree reservation (plan revised from 38 to 35 trees proposed to be saved - Wetlands - Park and trail dedication - MUSA - Neighborhood. meeting Mr. Morey stated that staff recommends approval of the final plat of Shady Oaks Shores 5th Addition subject to six stipulations listed in the planning report. Al Hermann, developer and Wayne Lameraux, of Pioneer Engineering were present to answer questions of the Commission. Commissioner Smith questioned the number of trees that are being removed. He stated he felt some of the lots should be custom graded in an effort to preserve more of the trees. Jeff Oliver stated that City staff, the • developer and his engineer have investigated all alternatives regarding preservation of trees. Mike Sobota stated many of the trees will be lost because of the required change in grade necessary to construct connecting streets going from one subdivision to another. Mr. Hermann expressed his regret over the loss of so many trees and stated he felt there was no other alternative. 92.65 .Motion was made by Whittingham, seconded by Miller to recommend approval of the final plat of Shady Oak Shores 5th Addition subject to the planning. report of May 11,1992, the engineering report of May 11,1992, and the Dakota County Soil and Water Conservation District report of May 13, 1992. Roll call was taken on the motion. Ayes: Miller, Whitehouse, Steigerwalt, Whittingham. Nay: Smith. The reason Smith voted nay was he felt the loss of trees was too tremendous. Jim Walston provided a brief background of procedures and recommendations regarding the application of the State of Minnesota Department of Human Services for the vacation of a drainage and utility easement on land located at 17041/17053 Jonquil Avenue. He recommended approval of the findings of fact which staff had been directed to draft at the May 7,1992 Plannmg Commission meeting. 92.66 Motion was made. by Whittingham, seconded by Smith to approve the findings of fact for denial of the application of the State of Minnesota Department of Human Services for the vacation of a drainage and utility easement on land located at 17041/17053 Jonquil Avenue. Roll call was taken on the motion.. Ayes: Unanimous. PLANNING COMMISSION MEETING MINUTES MAY 21,1992 PAGE 8 Under unfinished business, Michael Sobota updated the Commission on the status of the architectural review issue. Steigerwalt updated the Commission on the progress of the Growth Management Task Force. The meeting was adjourned at 9:30 p.m. Respectively submitted: c Mira Holliday, Recording Secreta ATTEST: f Chris Steigerwa t, air