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HomeMy WebLinkAbout05-17-90 CITY OF LAKEVILLE PLANNING.. COMMISSION MEETING MINUTES MAY 17, 1990. The meeting was called to order at 7:00 p.m. in the .City Hall Council Chambers. Roll call of members was taken. Present: Whitehouse, Miller, Holberg, Whittingham, Langhorst, Steigerwalt and De' Phillips. Also present was .Bob Erickson, City Administrator; Roger Knutson, City Attorney; Alan Brixius, Consulting Planner; Jim Robinette, Community Development. Director; Daryl. Morey, Assistant Community Deve~.opment.Director; and Mira Holliday, Recording Secretary. The minutes were approved as written.' 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 anew single family residential dwelling on Lot 6, Block 1, Kenwood Oaks was continued from the May 3, 199.0 meeting. Alan Brixius gave a review of the request. He stated that the.Dakota.County Soil and .Water Conservation District submitted a report dated May 10,.1990 in which they recommended approval with five stipulations. He also stated that the Department of Natural Resources submitted a report dated May 10, 1990 in which they recommended denial of the variance. He. went on to say that the Natural Resources Committee reviewed the request and recommended approval subject to .the conditions listed in the Dakota County'Soil and Water Conservation District report. He stated that staff agrees with this recommendation. Jim Render was. present and reviewed the reason for .the variance request. He stated he had met with Pat Lynch of the Department of Natural Resources and after explaining. the background ofthe situation in more detail, Mr. Lynch was more understanding of the need for the variance. Mr. Render stated that Mr. Lynch indicated he would be willing to talk with the Commission, should they have. any questions. There was no public comment. The Commission .held a dscussionwhich included:. • PLANNING COMMISSION MINUTES MAY 17, 1990. Page 2 - The material to be used to construct the retaining wall. - Time frame for lowering .the high water mark of the lake. DNR regulatory authority of the high water mark of Lee Lake. 90.86 Motion was made by Langhorst, seconded by Stegerwalt to close the public hearing. Roll call was taken on the motion. .Ayes: Unanimous.. 90.87 Motion was made by Langhorst, .seconded by Steigerwalt to recommend approval of 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 subject to the planning report of May 11, 1990, with the addition of stipulation number six being that a permanent retaining wall be constructed, the engneering_report of April 26, 1990, the Dakota County Soil and Water .Conservation District. report of May 10, 1990 and subject to the .findings of fact. Roll call was taken on the motion. Ayes: Miller, Whittingham, Langhorst, Stegerwalt, De Phillips. Nays: Whitehouse, Holberg. The reason for Whitehouse's nay was he felt the retaining wall should be constructed of rock; that granting the variance would be arbitrary to other developers; the City would be setting a precedent; the Zoning Ordinance would not be upheld and that he saw no hardship other than financial, expressed on the .part of the developer. The reason for Holberg's nay was. that she felt uncomfortable. that the Department of .Natural Resources recommended denial and that the Lee Lake outlet had not been .approved. 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 8777 215th Street West was continued from .the May 3, 1990 meeting. :Alan Brixius reviewed the request, outlining the planning report and planning report addendum..dated May 10, 1990:. He stated that a meeting was held between the Dakota County Highway Department, Mr. Fredrickson and City staff to PLANNING COMMISSLON.MINUTES MAY 17, 1990 Page 3 discuss the issue of County Road 70 right-of-way dedication. He went on to state that Dakota County informed City staff that 150 feet of right-of-way for County Road..70 exists south of the existing right-of-way,. therefore additional right-of-way. for. County Road 70 from Mr. Fredrickson would not be necessary. Mr. Brxius recommended approval of the Fredrickson request .subject to the recommendations outlined in the planning report with the deletion of recommendation number one and the. alteration of recommendation number 2 from a seventy five foot right-of-way dedication to a 50 foot. right-of-way dedication... Mr. Brixius stated he would like to thank Mr. Fredrickson for his patience and cooperation. Mr. Fredrickson was present to answer questions of the Commission. and .public. There-was na public comment. The Commission held a brief discussion which. included: - Front yard setback. - Drainage. - The paved parking stall requirement being unnecessary.. The Commission thanked Mr. Fredrickson for his patience. 90.88 Motion was made by Whitehouse, seconded by De Phillips to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 90.89 Motion was made by De Phillips, seconded by Miller to recommend approval of 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 subject. to the stipulations. listed. in the planning report of May 10, 1990 with the elimination of recommendation number one, recommendation number two. as amended and subject to the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. The public. hearing to consider. the application Earl Gephart ...for a planned unit development-conditional use permit to allow for the re-configuration of lots. located in the. .southwest corner of 210th Street and Dodd Boulevard was opened, The City Attorney attested that all legal notices had been duly published. and mailed. PLANNING COMMISSION MINUTES MAY,17, 1990 Page 4 Alan Brixius gave a review of the request, outlining the planning report of May 10, 1990. He stated the conditional use permit planned unit development is being pursued to allow the separation of the Gephart homestead from a larger, .undeveloped parcel which he owns to the south. Due to a number of circumstances, these two separate and non-adjoining parcels were tied together and Mr. Gephart now is seeking division so as to allow sale of the land to the south. Mr. Brixius stated that while staff views the proposal positively in that major improvements will be realized, it is considered a policy matter for the Planning. Commission and City Council to decide. Mr. Bill Macklin, representing Mr. Gephart, Mr. Gephart and Mr. Dick Lorentson were present to answer questions of the Commission and public. There was no public comment. The Commission held a discussion which included: - Extension of a road into the southern part of the property. - Right-of-way easements for Dodd Boulevard and 210th Street. - Setback of Mares house. - Drainfield easement. The general feeling of the Commission was that the .proposal j was a good idea. 90.90 Motion was .made by De Phillips, seconded. by Langhorst to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 90.91 Motion was made by Whitehouse, seconded by Steigerwalt to recommend approval of the application of Earl Gephart for a planned unit development-conditional use permit to allow for the re-configuration of lots located in the southwest corner of 210th Street and Dodd Boulevard subject to the planning report of May 10, 1990 with the addition of a recommendation that the temporary easement expire when dominant estate is hooked up to sewer and water. Roll call was taken on the motion. Ayes: Unanimous. The public .hearing to consider the application of Jeff Belzer for a planned unit development-conditional use permit to allow a car dealership business expansion located at 21111 Cedar Avenue was opened. The City Attorney attested that all legal notices had been duly published and mailed. _ PLANNING COMMISSION MINUTES MAY 17, 1990 Page 6 There was no :public comment. 90.92 Motion was made by Miller., seconded by Holberg to close: the public hearing.. .Ayes: Unanimous. 90.93 Motion was made by Miller, seconded by Langhorst to recommend approval of the application of Jeff Belzer for a planned unit development-conditional use.. permit to allow a car dealership business expansion located at 21111 Cedar Avenue subject to the planning report of:May 10, 1990,. with the addition .that landscaping be provided on the south and .west property perimeters, an oil skimmer be included in the drainage plan,. thesignage issue be worked out between City staff and the .applicant, and subject. to the engineering report dated May 11, 1990. Roll call was. taken on the.. motion. Ayes: Unanimous. Alan Brixius gave a review of the final plat of Cherry Ridge First Addition. He discussed the following: - Consistency. with the preliminary plat. - Lot size. - Blocks. - Streets. - Easements. - Pedestrian Trails. Grading and drainage. - Utilities. - Parks. - Urban Service Area. He recommended approval of the final plat subject to the five recommendations outlined in the planning report. Ray Brandt, representing the developer, was. present to answer any questions of the Commission. The Commission held a discussion which included: - Cul-de-sac at the .end of 174th Street. - Natural 'Resources Committee approval.. 90.94 Motion was made by Stegerwalt, seconded by Langhorst to • recommend approval•:.of the final plat of .Cherry Ridge Estates First Addition subject to the planning report of May 24, 1990, the-engineering report of April 26, 1990 and the Dakota County Soil`and Water .Conservation District report of .May 1, 1990. r' t • PLANNING COMMISSION MINUTES MAY 17, 1990 Page 7 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 12.4.8 of Ordinance 167 {the Zoning Ordinance of the City of Lakeville) pertaining to curb cut accesses for single family uses was continued from a previous meeting. Daryl Morey gave a review of the application. He stated he .had talked with staff. members from nine other cities .concerning their ordinances for curb cuts. He distributed an ordinance from Minnetonka for the Commission's review which he felt would best serve Lakeville's needs. The Commission held a discussion which included: - Corner lots: - Setbacks from intersections.. - Amount of hard surface to be allowed in front yard. - :Minimum and maximum driveway. widths. - Driveway. access visibility.. . _ Storage of vehicles on circular driveways. Driveway access on collector streets. 90.95 Motion was. made by Whitehouse, seconded by Miller to continue the public hearing to consider the application of the City of Lakeville. for an amendment to Section 12.4.8 of Ordinance 167 (the Zoning Ordinance of the City of Lakeville). pertaining to curb cut accesses for single family uses pending further review by .staff. Roll call was taken on the motion. Ayes: Unanimous. Under unfinished business, Miller inquired as to the status of a trafficstudy being conducted in conjunction with he County Pond South plat.. Staff stated this matter would come back before the Commission on June 7, 1990. Under new business, Alan Brxius gave a brief of review of a request of a Lakeville resident to construct a 450 foot.. radio transmission tower in the area of Cedar Avenue and Dodd Boulevard. He stated that staff had ..concerns about the compatibility of such a tower. 90.96 Motion was made by Langhorst, seconded by Stegerwalt to adjourn the meeting. • Voice. vote was taken on the motion.. Time: 10:45 p.m. k PLANNING COMMISSION MINUTES MAY 17, 1990 Page 8 Respectfully submitted: MirawHolliday, Recording ecretary ATTEST: i ~ ,-,J Ja Whittingham, Chairper n