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Home My WebLink About10-15-92 , j CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES OCTOBER 15,1992 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: O'Donnell, Holberg, Steigerwalt, Whittingham, Smith, Miiier. Absent: Whitehouse. Also present: Robert Erickson, City Administrator; Jim Walston, Assistant City Attorney; Michael Sobota, Community and Economic Development Director; Daryl Morey, Assistant Community and Economic Development Director; Alan Brixius, Northwest Associated Consultants; Jeff Oliver, Assistant Engineer, Mira Holliday, Recording Secretary. The minutes of the October 1,1992 meeting were approved as written. 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 opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey presented an overview of the variance request, outlining the .Planning Report of October 15,1992. He discussed the following:. - Background - Proposed deck, house addition, and stairway - Setback requirements in the R-1/Shoreland Overlay District - Existing setbacks - Resulting setbacks from proposed house - Setbacks of adjacent property - Shoreland impact plan - EAC recommendation (tabled pending Planning Commission action) - Dakota County Soil and Water Conservation District recommendation - Department of Natural Resources report - Section 47.9 of the Zoning Ordinance (variance request regulations in the Shoreland Overlay District) - Section S of the Zoning Ordinance (variance request regulations) Mr. Morey stated that the Bodine variance request: 1) does not meet all the Zoning Ordinance criteria necessary to be approved; 2) the proposed house addition could be constructed to meet setback requirements; 3) the variance request is not in keeping with the spirit and intent of the Zoning Ordinance; and 4) an undue hardship unique to the subject property does not exist that would prevent the proposed house expansion without a variance. Mr. Morey further stated that staff recommends denial of the variance request as presented. He stated that staff recommends that the Bodines consider revising their plans sa that the proposed addition meets setback requirements in the Shoreland Overlay District. t PLANNING COMMISSION MEETING MINUTES OCTOBER 15,1992 Page 2 Steve and Patty Bodine were present. Mr. Bodine explained reasons for the variance request. The Commission held a discussion which included: - .Relocating stairway behind the garage - Possibility of moving the proposed addition towards the street - Possibility of changing the shape of the proposed addition The Chair polled Commission members regarding their preference on the location of the proposed deck and stairway addition. Commission members generally opposed the deck addition but had no objection to the stairway. The Commission generally felt the proposed house addition should stay within setback requirements and that other alternatives for the proposed addition should be explored. 92.144 Motion was made by Miller, seconded by Holberg to continue the public hearing pending submittal of alternative plans by the Bodines. Roll call was taken on the motion. Ayes: Unanimous. ITEM S The public hearing to consider the application of the City of Lakeville for a rezoning from B-4, General Business District, to R-3, High Density Single Family Residential District, on land located east of Holt Avenue and south of 209th Street was opened. The City Attorney attested that all legal notices had been duly published and mailed. Alan Brixius gave an overview of the October 17,1992 planning report, discussing the following: - Consistency with the Comprehensive Plan - Land use compatibility - Compliance with performance standards - Public utilities and service - Transportation plan - Property owner response Robert Erickson requested that the Planning Commission discuss the appropriateness of the J & J Holding. lot being included in the proposed rezoning from B-4 to R-3. This lot is a substandard lot with a non-conforming commercial building that would have to be combined with adjacent property in order to be redeveloped. • The Planning Commission felt that this lot should remain zoned B-4 and should be excluded from the proposed R-3 rezoning. PLANNING COMMISSION MEETING MINUTES OCTOBER 15, 1992 Page 3 There was no public comment. 92.145 Motion was made by Whittingham, seconded by Smith to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 92.146 Motion was made by Holberg, seconded by Miller to recommend approval of the application of the City of Lakeville for a rezoning from B-4, General Business District, to R-3, High Density Single Family Residential District, on land located east of Holt. Avenue and south of 209th Street excluding the J & J Holding property (Lot 4, Sorensons Addition) subject to the planning report of October 7,1992 and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. ITEM 6 The public hearing to consider the application of The Rottlund Company for the preliminary plat of 86 townhouse lots to be known as Crystal Lake Townhomes and a minor comprehensive plan amendment to bring the property into the Year 2000 Urban Sernce Area on land located south of C.R. 46 and • east of Ipava Avenue was opened. The City Attorney attested that all legal notices had been duly published and mailed. Alan Brixius presented an overview of the proposed plat, outlining the planning report dated October 9,1992. His discussion mcluded: - Outlots for the entire PUD - Single family lot on Innsbrook - Preliminary plat - Townhomes - Easements - Off-street parking - Setbacks - Driveways - Homeowner Association bylaws - Streets - Development agreement Grading - Utilities - Townhome plans - Building height - Park dedication - Landscaping The Commission held a discussion which included: - Street lighting - Drivewa setback of townhome on Lot 1, Block 1(40 feet from ROW required - Plans for future extension of Crystal Hills Drive ~ PLANNING COMMISSION MEETING MINUTES OCTOBER 15,1992 Page 4 - Monument sign lighting - Lighting for guest parking area - Windows facing northwest Bill Hoffstedler of Bluebill Bay Estates, questioned if a traffic study would be done or if there would be a traffic signal at C.R. 46 and Interlachen Boulevard. Staff responded that a traffic signal is likely in the future but would have to meet warrants before installation. Additional stipulations to the planning report are as follows: - Placement of street lighting at guest parking areas - The driveway setback for the townhome to be located on Lot 1, Block 1 must be at least 40 feet from the intersecting right-of-way lines. 92.147 Motion was made by Holberg, seconded by Smith to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 92.14$ Motion was made by Whittingham, seconded by Miller, to recommend approval of the application of The Rottlund Company for the preliminary plat of 86 townhouse lots to be known as Crystal Lake Townhomes and a minor comprehensive pan amendment to bring the property into the Year 2000 Urban Service Area on land located south of C.R. 46 and east of Ipava Avenue subject to the planning report of October 9, 1992 as amended and the planning report addendum of October 13,1992 related to landscaping, the engineering report of October 8,1992 and the Dakota County Soil and Water Conservation District report dated October 7,1992. Roll. call was taken on the motion. Ayes: Unanimous. 92.149 Motion was made by Holberg, seconded by O'Donnell to recommend approval of the final plat of Crystal Lake Golf Estates 2nd Addition subject to the planning report of October 9,1992 as amended with the two additional stipulations and the planning report addendum of October 13,1992, the engineering report of October 8, 1992 and the Dakota County Soil and Water Conservation District report of October 7,1992. Roll call was taken on the motion. Ayes: Unanimous. ITEM 7 The public hearing to consider the application of College City Construction, Inc. for the preliminary plot of one single family residential lot to be known as Nelson Addition on land located on the north side of Kettering Trail, west of Keokuk Avenue was opened. The City. Attorney attested that all legal notices had been duly published and • mailed. Daryl Morey presented an overview of the proposed plat, outlining the planning report of October 9,1992.. His discussion included: PLANNING COMMISSION MEETING MINUTES OCTOBER 15,1992 Page 5 - Background - Consistency with the Comprehensive Plan - Lots blocks - Setbacks - Streets - Grading, drainage and erosion control - Environmental Affairs Committee .recommendation - Utilities - Tree preservation - Wetlands - Park and trail dedication - MUSA Mr. Morey stated that staff recommends approval of the Nelson Addition preliminaryand final plat subject to four stipulations listed in the planning report. Mr. John Grossman of College City Construction was present to answer questions. The Commission held a discussion which included: • - Access for the property to the west (off of Kettering Trail) - Removal of tree #23 and #33 - Ordinance requirements regarding placement of garage and driveway - Old platted streets Larry Bakken, a neighboring property owner, questioned the slope of the. property and expressed his concern over trees. being damaged by grading equipment. Mr. Bakken complemented Mr. Grossman on the placement of the .proposed house and stated that he could not have done a better fob himself. 92.150 Motion was made by Holberg, seconded by Miller to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. .92.151 Motion was made by Holberg, seconded by O'Donnell to recommend approval of the application of College City Construction, Inc. for the preliminary plat of one single farnilyresidential-lot to be known as Nelson Addition on land located on the north side of Kettering Trail, west of Keokuk Avenue subject to the. planning report of October 9,1992, the engineering report of October 7,.1992 and the Dakota County Soil and Water Conservation District report of October 6,1992. Roll call was taken on the motion. Ayes: Unanimous. 92.152 Motion was made by Holberg, seconded by Miller to recommend approval of the final plat of Nelson Addition subject to the planning report of October 9, 1992, the engineering report dated October 7,1992, and the Dakota County Soil and Water Conservation District report dated October 6,1992. Roll call was taken on the motion. Ayes: Unanimous. • PLANNING COMMISSION MEETING MINUTES OCTOBER 15,1992 Page 6 ITEM 8 Under unfinished business, Robert Erickson discussed the status of the Strategic Growth Management Task Force recommendations. His discussion included: - Increased lot sizes -possibly 40,000 and 20,000 feet for R-1 and R-2, respectively, which would result in: - -Wetlands and steep slopes not being included in lot area calculations - -Less mass grading - -House pad size increases to accommodate three car garages Commission members indicated that the Tree Preservation Guidelines should be revised to include four inch diameter trees in the definition of a significant tree because older, larger trees may not have as much current and future value. Commission members indicated their support for larger lot sizes, especially in environmentally sensitive areas. He stated these items will be discussed with the City Attorney and recommendationswill be prepared for the Planning Commission's review. ITEM 9 Under new business, Michael Sobota discussed the proposed Highway 50 sign variances based on the road widening. Daryl Morey discussed a special home occupation permit request for William Winnie of 17659 Ipava Avenue. Mr. Winnie had requested that he be allowed to discuss the home occupation that he currently operates at 17659 Ipava Avenue. He currently operates a welding and small engine repair business in a detached accessory building on property owned by Audrey Ratzlaff. Mr. Winnie was present and stated that he did not feel he disturbs anyone in the neighborhood, as 75% of the work he does is as a hobby. He stated that the income he does receive is a supplement to his social security. He requested that he be allowed to continue operating his business. The Commission held a brief discussion. Staff was requested to conduct an inspection of the property and report back to the Commission. Chair Steigerwalt adjourned the meeting at 9:15 p.m. Respectfully submitted: • it Ho li ay Recordin~ Secretary v~ PLANNING COMMISSION MEETING MINUTES OCTOBER 15,1992 Page 7 ATTEST: Chris Steigerwalt, Chair •