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Home My WebLink About06-04-92 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES JUNE 4,1992 The meeting was called to order by Chair Stegerwalt at 7:00 p.m. in the City Hall Council Chambers. Roll call of members was taken. Present: O'Donnell, Holberg, Steigerwalt, Whittingham, Smith. Absent: Whitehouse, Miller. 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; Alan Brixius, Northwest Associated Consultants; Mira Holliday, Recording Secretary. Commission member Smith asked that the reason for his voting nay on motion number 92.58 be amended to read "the.proposed decks and house addition is too close to the lake shore, condemning property an the lake to another 50 years of non-conformity". The minutes of the May 21,1992 Planning Commission meeting were approved as amended. The public hearing to consider the application of Melvin VanVolt~nberg for a conditional use permit and variance to allow the construction of a detached accessory building on anon-conforming single family residential lot located at 10052 -199th Street West was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey reviewed the conditional use permit and variance request, outlining the planning report of May 29,1992. He discussed the following: - Background - Lot and building non-conformities - Proposed garage location and variance request - Site/area inspection findings - Site improvements required. by ordinance Mr. Morey stated that staff supports Mr. VanVoltenberg's proposal to improve his property by replacing an existing one car garage m poor condition with a new two car garage. He further stated staff feels the property could be further improved by the following: 1. Positioning the proposed garage such that it would face 199th Street and meet all building setback requirements. 2. Removing the existing non-conforming detached shed. 3. Removing the existing fence and storing indoors all items currently stored outdoors. 4. Repaving the existing driveway. . PLANNING COMMISSION MEETING MINUTES JUNE 4,1992 Page 2 Mr. Morey went on to state that staff is recommending denial of the building setback variance request and approval of the conditional use permit request subject to 10 stipulations listed in the planning report. Mr. VanVoltenberg was present and explained his reasons for the conditional use hermit and variance requests. He stated he cannot possibly store all of his materials and equipment indoors. He further stated that the City had previously told him to construct the existing fence. Mr. Morey addressed the fence/exterior storage compliance issue stating the fence was for screening exterior storage items. The Commission held a discussion which included: - The existing shed - - The existing boat house - Need to bring property into conformity with Zoning Ordinance requirements - Storage of materials and equipment should be indoors. There was no public comment. The Chair polled members of the Commission and each indicated they could not support the variance and supported the staff recommendations. Staff informed Mr. VanVoltenberg that if he chooses to withdraw his application at this time, his fees would. be refunded. Mr. VanVoltenberg requested the issue be tabled to allow him time to consider the matter. 92.67 Motion was made by Smith, seconded by Whittingham to continue the public hearing until the June 25,1992 Planning Commission meeting. Roll call was taken on the motion. Ayes: Unanimous. Daryl Morey presented an overview of the final plat of Hypointe Crossing which consists of 36 single family residential lots, outlining the planning report of May 28,1992. He discussed the following: - Background - History - Consistency with the approved preliminary plat - Lots blocks - Outlots - Streets - Grading, drainsge and erosion control - Dakota County Soil and Water Conservation District recommendation - Environmental Affairs Committee recommendation PLANNING COMMISSION MEETING MINUTES JUNE 4,1992 Page 3 - Engineering report of May 27,1992 - Tree preservation - Wetlands - Park and trail dedication - MUSA Mr. Morey stated that staff recommends approval of the final plat of Hypointe Crossing subject to 12 stipulations listed in the planning report. He stated that stipulation number 11 regarding the revision of the tree preservation plan had been met by the developer. Lee Johnson of U.S. Homes was present to answer questions of the Commission. The Commission held a discussion which included: - Tree preservation plan - Possible custom grading of Lot 4 - Drainage - Bituminous path between Lot 2, Block 2 and Lot 3, Block 1 - .Possible relocation of sanitary sewer • 92.68 Motion was made by Whittingham, seconded by Smith to recommend approval of the final plat of Hypointe Crossing subject to the recommendations of the Environmental Affairs and Parks and Recreation Committees, the Dakota County Soil and Water Conservation District report dated May 26, 1992, the engineering report of May 27,1992, and the recommendations listed in the planning report of May 28,1992 with the elimination of stipulation number 11 being replaced by the following wording: 11) The proposed sanitary sewer line across Outlot B shall be relocated to the south to save additional significant trees. The tree preservation plan shall be revised to show the revised location of the sanitary sewer line on Outlot B and tree protection fencing at the driplines of all trees designated on the tree preservation plan to be saved. Roll call was taken on the motion. Ayes: Unanimous. The public hearing to consider the application of the City of Lakeville for an amendment to Section 46 of the Lakeville Zoning Ordinance concerning the Floodplain Overlay District was opened. The City Attorney attested that -all legal notices had been duly published and mailed. Alan Brixius of Northwest .Associated Consultants presented an overview of the propposed ordinance amendment outlining the planning report of May 27, 1992. He discussed the following: Statutory authorization, findings of fact, and purpose. Warning and disclaimer of liability - District application - General provisions - Establishment of zoning districts - Floodway district • PLANNING COMMISSION MEETING MINUTES JUNE 4,1992 Page 4 Flood fringe district - Subdivisions - Public utilities, railroads, roads and bridges - Manufactured homes and travel trailers - Administration - Variances and amendments - Flood insurance notice - Conditional uses - Non-conforming uses - Penalties for violation - Amendments The Commission held a brief discussion. There was no public comment. 92.69 Motion was made by O'Donnell, seconded by Holberg to close the public hearing. .Roll call was taken on the motion. Ayes: Unanimous. 92.70 Motion was made by O'Donnell, seconded by Holberg to recommend approval of the application of the City of Lakeville far an amendment to Section 46 of the Lakeville Zoning Ordinance concerning the Floodplain Overlay District. Roll call was taken on the motion. Ayes: Unanimous. Under unfinished business, Robert Erickson reviewed the recommendations of the Strategic Growth Management Task Force. The meeting was adjourned at 8:40 p.m. Respectfully submitted: c Mira Holliday, Rec rding Secret ATTEST: Chris Steigerwalt, air