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HomeMy WebLinkAbout05-03-90 4 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES MAY 3, 1990 The meeting was called to order by Chairperson Whittingham at 7:00 p.m. in the City Hall Council Chambers. Chairperson Whittingham introduced and welcomed Milo De Phillips to the Planning Commission. Roll call of members was taken. Present: Whitehouse, Miller, Holberg, Whittingham, Langhorst, De Phillips. Absent: Steigerwalt. Also present was David Licht, Consultant Planner; Elliott Knetsch, City Attorney; Jim Robinette, Community Development Director; Daryl Morey, Assistant Community Development Director and Mira Holliday, Recording Secretary. 90.73 Motion was made by Miller, seconded by Holberg to approve the minutes of the April 19, 1990 Planning Commission meeting. • Roll call was taken on the motion. Ayes: Whitehouse, Miller, Holberg, Whittingham. Abstain: Langhorst, De Phillips. The public hearing to consider the application of Flagstaff Development, Inc. for the preliminary plat of 212 single family lots to be known as Country Pond South was continued from the April 19, 1990 meeting. Staff requested that this item be tabled until the June 7th meeting pending completion of the traffic study requested by Commission members at the April 19th meeting. 90.74 Motion was made by Langhorst, seconded by Holberg to .continue the public hearing to consider the application of Flagstaff Development, Inc. for the preliminary plat of 212 single family lots. to be known as Country Pond South until the June 7, 1990 meeting. Roll .call was taken on the motion. Ayes: .Unanimous. The public hearing to consider the application of Fred Fredrickson for a rezoning from R-2, Single Family Residential District to PUD, Planned Unit Development for property located at 8777 215th Street West was continued from the April 19, 1990 meeting. ~ t } PLANNING. COMMISSION MEETING MINUTES MAY 3, 1990 Page 2 David Licht reviewed the revised site plan submitted by the applicant and the planning report addendum of May 1, 1990. He reviewed the nine conditions listed in the report. He stated that the subdivision would require the dedication of additional street right-of-way for both Holyoke Avenue and 215th Street. He stated the City's Transportation Plan classifies these roadways as arterial streets which require 100 feet of right-of-way width. Mr. Licht stated he had talked with David Zech of the County Highway Department and it was indicated that 75 feet of right-of-way to the center line would be desired for County Road 70. Mr. Zech had indicated that the increased width would be necessary to accommodate a four lane, divided roadway. Mr. Licht stated: that the City would have to determine the right-of-way dedication that should be required. He stated this determination should be based upon the foreseen need of road improvements to accommodate future. traffic volumes and the resultant impacts upon adjacent properties and uses. He suggested that the matter be tabled pending a meeting • between the County, the City and Mr. Fredrickson to resolve the situation. Mr. Licht went on to state that many positive changes had been made to the revised Fredrickson site plan and subdivision and if only a 50 foot right-of-way is required, then the rezoning, subdivision,. and site plan may be acceptable provided the. conditions listed in the planning. report. are satisfied. Mr. Fredrickson was present and stated that if he has to comply with the-75 right-of-way requirement, he will not be able to get his equipment into the building and would possibly have to move his business. He presented pictures to the Commission showing the type. of berm he is planning_to use. There was no public comment. The Commission held a discussion whichincluded: - ..Restrictions on the 55 gallon barrels on the property. - Hard surfacing of parking area. - Sufficient number of parking spaces. - Flans for County Road 70. - Right-of-way requirements. ` , • PLANNING COMMISSION MEETING MINUTES MAY 3, 1990 Page 3 - Whitehouse requested that City staff request an estimated time frame for the County Road 70 upgrade from the County staff. It was. the general feeling of the Commission that the matter should be tabled pending a meeting .between the County, City .staff and Mr. Fredrickson, Mr. Fredrickson was in agreement. 90..75 Motion was made by Miller, seconded by De Phillips to continue the public hearing to consider the application of Fred Fredrickson for a rezoning from R-2, Single Family Residential District to PUD, Planned Unit Development for property located at 8777 215th Street West pending further review by staff. Roll call was taken on the motion. Ayes: Unanimous. The public hearing to consider the application of Render Development for a building setback variance from the ordinary high water mark of Lee Lake to allow the construction of a new single family residential dwelling on Lot 6, Block 1, Kenwood Oaks was opened. The City Attorney attested that all legal notices had been duly published and mailed. David Licht gave a review of the application and planning report. of April 24, 1990. He stated that one of the recommendations listed in the report is that the applicant. submit a Shoreland Impact Plan which details all proposed eland alterations. to the subject site. He went on to state that the plan had been submitted but the Natural Resources Committee (NRC) has not completed their review. He recommended tabling the matter until a recommendation is made by the NRC. Mr. Render was present and gave a brief explanation of why he is requesting the variance at this time. The Commission held a discussion which included: - Future recourse against the City. - Width of the lot. - Grading and drainage. - Retaining wall. Whitehouse. stated he was. not. in favor of the variance and . would like to see the lot in question merged with the lots on each side. • PLANNING COMMISSION MEETING MINUTES MAY 3, 1990 Page 4 90.76 Motion was made by Miller, seconded by De Phillips to continue the public hearing to consider the application of Render Development for a building setback variance from the ordinary high water mark of .Lee Lake to allow the construction of a new single family residential dwelling on Lot 6, Block 1, Kenwood Oaks. Roll call was taken on the motion. Ayes: Whitehouse, Miller, Holberg, Whittingham, De Phillips. Nay: Langhorst. The reason for Langhorst's nay .was that he felt the Commission had enough information to make a decision. The public hearing to consider the application of Terry & Marlys Johnson for a conditional use permit to allow a second driveway curb cut access for property located at 10243 Upper 178th Street West was opened. The City Attorney attested that all legal notices had been duly published and. mailed. • Daryl Morey gave a review of the application and planning report of April 27, 1990. He stated that the Johnsons' have requested the second driveway curb cut access for convenience, landscaping and property enhancement. He stated the site plan indicates that the circular driveway will be 12-16 feet in width and set back 10 feet from each side property line. These figures meet Zoning Ordinance requirements. Mr. Morey went on to state that while the Johnson lot is slightly wider than a typical interior single family residential lot,. it is narrower than the two single family residential lots previously granted conditional use permit approval for circular driveways. He stated that the .proposed circular driveway can-exist comfortably on their lot and meet ordinance setback requirements. He recommended approval of the request subject to the following conditions: 1. The driveway be surfaced with asphalt, concrete, cobblestone or paving brick. 2. The driveway be constructed in accordance with the approved site plan (Exhibit D of the April 27, 1990 planning report). Mr. Johnson was present and stated he would like to have permission to proceed with the installation of his driveway • prior to City Council approval due to the safety of his children. Chairman Whttingham explained that the Planning Commission is an advisory commission and such permission. must be granted by the City Council. Mr. Johnson went on to express his concern over the fee of $100 for this • PLANNING COMMISSION MEETING MINUTES MAY 3, 1990 Page 5 conditional use permit. He stated that he knew of other residents in Lakeville who had installed the same type of driveway without a conditional use permit. He stated he felt it was unfair for him to have to go through proper channels and pay the $100 fee when no charges had been brought against other residents who had not complied. Staff explained that a resident who installs such a driveway without a conditional use permit runs the risk of being ordered by the City to have it removed. It was also explained that such driveways are at times used for storage and a conditional use permit can regulate this use. Mr. Johnson continued to express his objections over the fee and processing time. Langhorst stated that. the public hearing before the Planning Commission was not the proper place for this type of complaint to be discussed. He advised Mr. Johnson to bring. his complaints to City Hall during regular business hours. There was no public comment. The Planning. Commission held a discussion which included: - Driveway width at the curb. - Distance between curb cuts on residential driveways. - Possibility of storage on driveway. 90.77 Motion was made by Miller, seconded by Langhorst to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 90.78 Motion was made by Whitehouse, seconded by Langhorst to recommend approval of the application of Terry & Marlys Johnson for a conditional use .permit to allow a second driveway curb cut access for property located at 10243 Upper 178th Street West subject to the planning report of April 27, 1990 with the additional stipulation that the driveway not be used for storage of non-motor vehicles or inoperable. motor vehicles. Roll call was taken on the motion. Ayes: Whitehouse, Langhorst, Whittingham, De Phillips. Nays: Miller, Holberg. The reason for Miller's nay was that he felt the lot was too • small for a circular driveway. The reason for Holberg's nay was she felt the lot was too small and the circular driveway would not be in concert with the area. • PLANNING COMMISSION MEETING MINUTES MAY 3, 1990 Page 6 The public hearing to consider the application of Curt and Patti Kaler for a building setback variance from the ordinary height water mark (OHWM) of Orchard Lake to allow the construction of a new single family residential dwelling on Lots 1-4, Block 20, Orchard Lake was opened. The City Attorney attested that ali legal notices had been duly published and mailed. Daryl Morey gave a review of the application and planning report of April 27, 1990. He stated the Kaler property is considered a buildable lot by ordinance, however given the limited depth of the property, it is impossible for the Kalers to construct a single family house and meet the 75 foot OHWM building setback requirement He stated that the house next door does not meet the 75 foot OHWM building setback requirement. He reviewed Section 47.9 of the Zoning Ordinance which regulates variance requests in the Shoreland Overlay District. He stated that the Kaler variance xequest appears to .meet those provisions. He went on to state that strict enforcement of the Ordinance requirements would cause • undue hardship because of circumstances unique to .the.. subject property under consideration. He stated that it is staff's opinion that the narrow depth of the lot creates an undue hardship restricting the property owner from utilizing the property for its intended use. He recommended approval of the request subject to the following recommendations:.. 1. .Natural Resources Committee approval of the Shoreland Impact Plan and implementation of the Shoreland Impact Plan by the applicant. 2. The house is constructed in the manner and location shown on the Certificate of Survey dated March 20 , 1990. Mr. Morey stated that the Natural Resources Committee had. reviewed and approved .the Shoreland Impact Plan on May 1, 1990. He also stated that the City has plans to re-align 168th Street at Klamath Trail. These plans call for an at-grade crossing of the existing railroad tracks by 168th Street. The existing 168th Street railroad viaduct would be eliminated. These plans have been discussed with Mr. Kaler. Mr. Kaler was present and stated he had worked closely .with City staff to develop a house to fit properly on the lot. He stated that there are other houses on 178th Street that . do not meet the OHWM setback requirements. Mr. Walt Sternberg stated his objection to the realignment of 168th Street, but stated he had no objection to the variance request. . PLANNING COMMISSION MEETING MINUTES MAY 3, 1990 Page 7 The Planning Commission held a discussion which included:. - Driveway location. (safety factors) - Percent of grade to OHWM - Setbacks 90.79. Motion was made by Miller, seconded by Whitehouse to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 90.80 Motion was made by Langhorst, seconded by Miller to recommend approval of the application of Curt and Patti Kaler for a building setback variance from the ordinary high water mark of Orchard Lake to allow the construction of a new single family residential dwelling on Lots i-4, Block 20, Orchard Lake subject to the planning report of April 27, 1990 with the addition of recommendation number 3 being the driveway shall be constructed to include a paved vehicle turn around area to be located along the side of the • driveway. • Roll call was taken on the motion. Ayes: Unanimous. David Licht gave a review of the final plat of Meadow Brook 1st Addition, outlining the planning report of March 29, 1990. He stated that approvals of the floodplain amendment and the subsequent building elevation requirements imposed for those areas must be received from FEMA prior to the issuance of any grading permits. He recommended approval of the. final plat subject to the recommendations listed in the. planning report. Warren Israelson, the developer, was present and stated that he had received the approval from FEMA. The Planning Commission held a brief discussion, 90.81 Motion was made by Holberg, seconded by Miller to recommend approval of the final plat of Meadow Brook 1st Addition subject to the planning report of March 29, 1990 and the engineering report of April 26, 1990. Roll call was taken on the motion. Ayes: Unanimous. • David Licht gave a review of the final plat of Homestead Creek 3rd Addition, outlining the planning report. of April 27, 1990. He recommended approval subject to the eight recommendations listed in the planning report. . PLANNING COMMISSION MEETING MINUTES MAY 3, 1990 Page 8 John Peterson of Good Value Homes was present to answer questions. The Commission held a brief discussion which included: - Non-buildable lots. - Berming. - Outlot B deeded to the City, - Park dedication. 90.82 Motion was made by Langhorst, seconded by De Phillips to recommend approval of the final plat of Homestead Creek 3rd Addition subject to the planning report of April 27,.1990 .and the stipulation that if the Park and Recreation - Committee does not accept the dedication of Outlot C, the. final plat will come back to the Planning Commission for further review.. Roll call was taken on the motion. Ayes: Unanimous. . David Licht reviewed the final plat of Cedar Glen 2nd Addition, outlining the planning report of March 28, 1990. He recommended approval of the final plat subject to the five recommendations outlined in the report. Steve Fitterman, the developer,-was present to answer questions.. The Commission held abrief discussion. 90.83 Motion was made by Miller, seconded by Whitehouse to recommend approval of the final plat of Cedar Glen 2nd Addition subject to the planning report of March 28, 1990, the engineering report of April 18, 1990 and a letter from Steve Michaud, Park and Recreation Director dated May 3, 1990. Roll call was taken on the motion. Ayes: Unanimous. 90.84 Motion was made by De Phillips, seconded by Langhorst to adjourn .the meeting. Voice vote was taken on the motion. Time: 9:20 p.m. Respectfully submitted:: j Mira Holliday, cording ecretary r . t~ i PLANNING COMMISSSON MEETING MINUTES MAY 3, 1990 Page 9 ATTEST: Ja Whittingham, Cha' person •