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10-17-91
6 ~ CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES OCTOBER 17,1991 The meeting was called to order at 7:00 p.m. by Chair Steigerwalt in the City Hall Council Chambers. Roll call of members was taken. Present: O'Donnell, Holberg, Steigerwalt, Whittingham, Smith, Miller. Absent:. Whitehouse. 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; Mua Holliday, Recording ..Secretary. The minutes of the September 19, 1991 and October 1, 1991 Planning Commission meetings were approved as written. The public hearing to consider the application of the City of Lakeville for a rezoning from B-4, General Business District, to R-1, Low Density Single Family Residential District, on land located on the north side of 172nd Street west of Kenwood Trail was opened The public hearing to consider the application of Michael Tzenis for a • conditional use permit to allow an addition to anon-conforming single family residential dwelling on land located at 11285 172nd Street West was opened. Due to an error in the public hearing notification process, staff recommended that the above public hearings be continued. 91.124 Motion was made by Miller, seconded by Smith to continue the public hearings.. Roll call was taken on the motion.. Ayes: Unanimous. The public hearing to consider the appplication of the City of Lakeville for a rezoning from R-2, Single Family Residential District, B-4, General Business District, and I-1, Limited Industrial District, to B-C, Business Campus District, for a preliminary plat of one lot and seven outlots, to be known as Fairfield Business Campus and for a minor comprehensive plan to include the property in the Year 2000 Urban Service Area on land located east. of I-35 and north of 210th Street was opened. Due to the need for further staff review, it was requested that this public hearing be continued. to a future Planning Commission meeting.. 91.125 Motion was made by Holberg, seconded by O'Donnell, to continue the public hearing. Roll call was taken on the motion. Ayes: Unanimous. PLANNING COMMISSION MEETING MINUTES OCTOBER 17, 1991 Daryl Morey reviewed the Cedar Glen 4th Addition final plat, outlining the planning report of October 11, 1991. He discussed the following: - Background - History - Consistency with preliminary plat - Blocks - Lots - Streets - Grading, drainage, erosion control,. and easements - Dakota County Soil and Water Conservation District recommendation - Environmental Affairs Committee recommendation - Parks and trails - Urban.. Service Area Mr. Morey stated that staff recommends approval of the Cedar Glen 4th Addition final plat subject to four stipulations listed in the planning report. of October 11, 1991. Joel Cooper of Pioneer Engineering was present representing the developer. The Commission held a discussion which included: • -Emergency overflow - Potential drainage problems -Lot 2, Block 3, Cedar Glen 3rd Addition - Draintile installation - Type of draintile - Water problems in past phases of plat - Lot 27, Block 3 (lot size and possible location of a deck) - Driveways for corner lots 91.126 Motion was made by Whittingham, seconded by.0'Donnell to recommend approval of the final plat of Cedar Glen 4th Addition subject to the planning report of October 11, 1991, with additional stipulations being, 1) a deck not be constructed in the northeast comer over the easement area on Lot 27, Block 3; 2) that a turn around driveway be provided on Lot. 2, Block 2 and that either a driveway turn around be provided on Lot 1, Block 3 or driveway access be off of Goodview Trail, and 3) a written guarantee be provided by the developer. that any drainage problems from Lot 2, Block 3, Cedar Glen 3rd Addition be corrected by the developer; the engineering report of October 7, 1991, the Dakota County Soil and Water Conservation District report of October 8, 1991. Roll call was taken on the motion. Ayes: Unanimous. Whitehouse arrived at 7:35 p.m. • -2- PLANNING COMMISSION MEETING MINUTES OCTOBER 17, 1991 The public hearing to consider the application of Larry and Darlene Wetterlund for a conditional use pemut and variance to allow the construction of a detached garage on anon-conforming lot on land located at 19749 Juno Trail was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey presented an overview of the application, outlining the planning report of October 11, 1991. He discussed the following: - Background - Existing non-conformities - Proposed variances - Constraints on increased intensity of use - Zoning Ordinance requirements Mr. Morey stated that staff understands the Wetterlund's desire t© have a garage to enclose their equipment -and one motor vehicle from the elements. He further stated that in addition to the setback varianc~that are necessary for the construction of the garage to take place, many non-conformities exist with the property. He stated that staff recommends denial of the conditional use permit and variance request for the following reasons: - 1. The size of the lot is extremely non-conforming. With an on-site septic tank and cesspool on this small lot, staff is concerned about the potential for contamination of ground water and Lake Marion. - 2. The lot width and the use of the property are non-conforming. - 3. The existing house and septic system is non-conforming in terms of setback requirements. - 4. The proposed garage would not meet setback requirements. Mrs. Wetterlund was present to answer questions of the Commission and public. There was no public comment. The Commission held a discussion which included concern regarding the septic system on the property: Mrs. Wetterlund indicated the system is pumped twice a year. Commission members expressed their sympathy regarding the Wetterlund's need for a garage but felt a~~roval could not be recommended due to the many non-confornties of the property.. Various alternatives were discussed with Mrs. Wetterlund. Robert Erickson stated that if the Wetterlunds would like to withdraw their application prior to review by the City Council, a refund of their application fee would be • given. -3- PLANNING COMMISSION MEETING MINUTES OCTOBER 17, 1991 91.127 Motion was made by Miller, seconded by Whitehouse to close the public hearing. Roll call was taken on the motion.. Ayes: Unanimous. 91.128 Motion was made by Miller, seconded by Whitehouse to recommend approval of the application of Larry and Darlene Wetterlund for a conditional use perrmt and variance to allow the construction of a detached garage on a non-conforming lot on land located at 19749 Juno Trail. Roll call was taken on the motion: Ayes: None. Nays: Unanimous. Under other business, Mr. Smith requested a report on the current status of banners and temporary signs. He requested that construction and sales offices operating out of model homes in residential areas be looked into. Steigerwalt requested information regarding the status of the Fredrickson. property on the corner of Holyoke Avenue and Highway 70. Mr. Erickson stated an update would be provided at the next meeting. Mr. Erickson distributed and discussed a revised layout for the proposed Crystal Lake Golf Course. Mr. Erickson also stated that an update on the status of the Queen Anne .lawsuit would be provided at the next meeting. Under new business, Whitehouse requested that staff investigate the possibility of providing zoning ordinance information and "truth in housing" information to future home buyers. Smith also questioned if something could be done #o ensure that septic systems are up to code before the sale of a property. 91.129 Motion was made by Holberg, seconded by Whittingham to adjourn the meeting Voice vote was taken on the property. Time: 8:40 p.m. Res ectfully submitted: 2~~ Mira Holliday, R cording Secr ary ATTEST: Chns Steigerwalt, air -4-