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HomeMy WebLinkAbout06-07-90 .1 i t CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES JUNE 7, 1990 The meeting was called to order by Chairperson Whittingham at 7:00 p.m. in the City Hall Council Chambers. .Roll call of members was taken. Present: Whitehouse, Miller, Holberg, Whittingham, Langhorst, Steigerwalt. Absent: De Phillips. Also present: Bob Erickson, City Administrator; Mayor Duane Zaun; Jim Robinette, Community Development Director; David Licht, Consulting Flanner; Elliott Knetsch, City Attorney; Dave Krings, Building Official; Jeff Oliver, Assistant City Engineer; Daryl Morey, Assistant Community Development Director and Mira Holliday, Recording Secretary. The minutes of the May 17,1990 and May 30, 1990 Planning. Commission meetings were approved as written. 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 May 3, 1990 meeting. Jim Robinette reviewed the five items which the Commission had directed staff to investigate at the last meeting.. Jeff Oliver addressed the water drainage issue.. He stated the conceptual preliminary grading. and drainage plan is acceptable subject to comments made in the April 10, 1990 engineering report.. Mr. Dennis Eyler of Strgar-Roscoe-Fausch, Inc. reviewed a traffic study analysis of the area dated June 1, 1990. He stated that traffic volumes passing through the Dodd Park residential area produced by the proposed Country Pond South development will result in levels that are well within the typical range for residential streets. He stated that based on the findings and analysis of the area, it was concluded that the proposed-residential development could be supported by the adjacent roadway system. He stated that the impact on the Dodd Park subdivision would not be significant enough to justify a minor collector being constructed west of the Country Pond South development at this time. To further reduce the impacts to the Dodd Park neighborhood, he recommended that 173rd Street be extended east to intersect Flagstaff Avenue rather than the proposed temporary cul-de-sac on 173rd Street. 'S PLANNING COMMISSION MEETING MINU'T`ES JUNE 7, 1990 Page 2 Regarding the issue of a park in the Country Pond South development., Mr. Robinette stated that the Parks and Recreation Director .had indicated in a memo dated May 31, 1990 that neighborhood parks existing and planned within the 3/4 mile service area of Country Pond South adequately serves residents in that area. Regarding the issue of .house size and costs, Mr. Robinette. stated that the City cannot directly address the question of house costs.. He stated that through Zoning .Ordinance requirements such as: minimum lot and house sizes, and building construction materials, the cost of a house is largely determined. Ralph Wagner of Probe Engineering and Mike Giles,. the developer were present to answer questions of the Commission and public. Mr. Merl Christiansen of Franchise Way expressed his concern .over lot elevations, drainage and ponding. Mr. Wagner reviewed the drainage plans of the plat. Mr. Christiansen was concerned over a discrepancy in lot elevation figures. • (which could cause drainage problems) between his property site plan and the Country Pond South plat. Mr.-Wagner stated his company had just recently surveyed the rear yard elevations in the area and. the figures on the plat were accurate. Bob Erickson stated that City staff has the .responsibility to require as-built surveys along floodplain areas and could require the same for the lots being questioned by Mr. Christiansen. Ron Herd of Forfar Court expressed his concern over the amount of traffic flow to be generated by Country Pond South. He stated that all concerns related to the plat should be worked out at the Planning Commission level because city councils have a tendency to "rubber stamp" these type of items. Chairperson Whittingham assured Mr. Herb that was not the case with the Lakeville City Council. Several items have been returned to the Planning Commission by the Council for further review. Mr, Christiansen questioned who the builders for the development would be. Chairperson Whittingham stated that issue is not pertinent to this discussion. Elliott Knetsch and David Licht explained that the Zoning Ordinance dictates • . PLANNING COMMISSION MEETING MINUTES JUNE 7, 1990 Page 3 standards for homes and that every effort is made on the .part of the City to ensure compatibility with surrounding areas, Karen Butler of Foilage Avenue questioned the plans for street lights and sidewalks. Jeff Oliver and Bob Erickson addressed this issue. Tony McDunn of Franchise Avenue expressed his concern over construction traffic, maintenance of the berm around the ponding area and future playgrounds. Jeff Oliver addressed the maintenance of the berm. .Bob Erickson read the memorandum from Steve Michaud, Parks and Recreation Director, dated May 31, 1990 which explained the neighborhood park service area policy. Mr. Erickson also stated that he did. not see construction traffic as a major concern because the completion of the subdivision will take at least five to six years. The Commission held a discussion which included: - Sidewalks. • _ Street lfights. Drainage. - Traffic count . - Extension of 173rd Street. - Trailway on the west side of Flagstaff Ave. - Zoning of surrounding area. 90.100 Motion was made by Whitehouse, seconded by Langhorst to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 90.101 Motion was made by Whittingham, seconded by Langhorst to recommend approval of the application of Flagstaff Development, Inc. for the preliminary plat of 212 single family lots to be known as Country Pond South subject to the planning report of March 13, 1990, the. engineering report of April 10, 1990, .the traffic study analysis conducted by Strgar-Roscoe-Fausch, Inc. dated June 1, 1990, the extension of 173rd Street east to Flagstaff Avenue and the extension of sidewalk on on the east side of Foilage Avenue to 173rd Street. Roll call was taken on the motion. Ayes: Unanimous. • A ffive minute recess .was taken. The public hearing to consider the revocation of a conditional use permit to allow outside sales and storage of PLANNING COMMISSION MEETING .MINUTES JUNE 7, 1990 Page 4 plants,. shrubs and trees at 9200 - 202nd Street West was opened. The City Attorney attested that all legal notices had been duly published. David Licht gave a review of the proposed revocation, outlining the planning report of May 30, 1990. He stated that since the inception of the Bait and'Garden Center business in the summer of 1985, continuing and increasing. problems and violations with general zoning, building code, and stipulated conditional use permit provisions have been encountered. He stated that City staff has attempted to .work with the business and property .owners to resolve concerns which have been identified. He gave a synopsis of the. violations and actions by City staff. He stated that in ..dealing with this matter, the staff has reached a point where cooperative and corrective actions at an administrative level have proven fruitless. He reviewed three alternative actions. The first option being to revoke the conditional use permit; the second option being to revoke the present conditional use permit but to stay the action for 30 days, thus allowing the owner/operator to bring the use into complete and total compliance; the third • option being to provide the business and property owners a longer period of time (possibly 90 days) to bring the property into total compliance.. Mr. Licht went on to state that Mr. John Tucker, operator of the business had submitted a proposal to Mr. Robinette. dated May 17, 1990. He explained that the proposal included substantial expansion .over and above the initial conditional use permit and it would seem questionable at this point in time, given past experience, to consider any action other than correction of all existing problems on the site. Mr. Graham Clark, attorney representing Mr. Tucker addressed five items listed in a memorandum to Jim Robinette from Dave Krings dated May 17, 1989. He stated that items one and two had been taken care of and that item number four would be taken care of. He stated that regarding. items three and five, no limitations. are listed in the conditional use permit which would require the correction of these items. He went on to state that Mr. Tucker is eager to cooperate with the City and wants to make a living here. He stated that Mr. Tucker will comply with City requirements if given the proper guidance. He stated he believed that most of the problems have been misunderstandings between Mr. Tucker and City staff. He stated. that Mr. Tucker took over the business over four years ago and that it is in much better condition now than it was then. PLANNING COMMISSION MEETING. MINUTES JUNE 7, 1990 Page 5 Mr. Licht stated that an outside storage area had been designated on the original site plan but that no application had been filed for the expansion of the storage .area that currently exists on site. David Krings, Building Official, stated that he had inspected the site on this date and found sign violations, a • refrigerator. and other debris stored on the site, and the addition on the east side of the site is not in compliance with the recent Judge's order. Mr. Krings went on to state that there had been no cooperation on the part of Mr. Tucker .with City staff over the past few years. Lori Anderson, Teri Busher, Ruth Sprose, Karen Gudjoski, Brenda Musen, Steve Rosenthau and Ken Anderson were present to speak on behalf of Mr. Tucker. They stated. that they had confidence in Mr. Tucker's business and enjoyed doing business there. They stated they felt Mr. Tucker was under a microscope by City staff and that many of the problems were due to personal conflicts with City staff. They also stated that as a small businessman, Mr. Tucker should be given another chance. The basic feeling of the group was that the City was..beng unreasonable. Mr. Clark submitted to the Commission letters written in support of Mr. .Tucker. He also stated that his .firm will assist Mr. Tucker in complying with the.. current conditional use permit. Mr. Robinette submitted pictures of the site to the Commission. The Commission held a discussion. The general feeling was that they were in favor of small businesses but could not tolerate the number of violations occurring on the site in question. They were also concerned over the amount of time and effort staff has spent in trying to resolve the. problems. Bob Erickson stated that he felt Mr. Krings was the most "even handed" inspector he had ever dealt with and knew of no other City that would tolerate these violation for so long. He stated that the neighboring small business had to financially guarantee their necessary site improvements would be implemented before they began operating. This was not asked of Mr. Tucker. He stated that he felt Mr. Tucker has had ample time to comply. 90.102 Motion was made by Miller, seconded by Holberg to close the public hearing. PLANNING COMMISSION MEETING MINUTES JUNE 7, 1990 Page 6 Roll call was taken on the motion. ..Ayes: Unanimous. Mr. Tucker stated that he was willing to answer any questions of the Commission. Whitehouse suggested that Mr. Tucker recruit volunteers to help clean up the site. Whittingham questioned .the display area and the number of empty containers lying on the site. Miller questioned the parking lot and the utility shed for sale. Holberg was concerned about the refrigerator that is currently stored outdoors. Bob Erickson proposed that the Commission recommend. revocation of the conditional use permit but stay action for 30 days to allow Mr. Tucker time to bring the site into compliance. Whittingham asked that staff make a list of items that Mr. Tucker must complete to be in compliance with City Codes and .Ordinances. Mr. Clark stated he would work with Mr. Tucker and the City Attorney in accomplishing the listed items. 90.103 Motion was. made by Whitehouse, seconded by Steigerwalt to recommend revocation of a conditional use permit to allow outside sales and storage of plants, shrubs and trees at .9200 - 202nd Street West with a 30 day stay, subject to the planning report of May 30, 1990 and formal findings of fact.. to be prepared for consideration at the July 19 meeting. Roll call was. taken on the motion. Ayes:. Whitehouse, Whittingham, Langhorst, Steigerwalt. Nays: Miller, Holberg.. The reason for Miller's nay was he felt there were already too many violations. The reason for Holberg's nay was she felt enough of the City staff's time and had been spent in .:dealing with the. issue and there is no excuse for the "death trap" (refrigerator) on his property. • The public hearing to consider the application of Kenneth Jensen for a building setback variance from the ordinary high water mark of Orchard Lake .and for a side yard building. setback variance for property abutting. Orchard Lake (Section 47.5 of the Zoning Ordinance) to allow the construction of a new single family residential dwelling to be located at 17444 Judicial Road was opened.. The City Attorney attested that all legal notices had been duly published and mailed. . PLANNING. COMMISSION MEETING MINUTES JUNE 7, 1990 Page 7 Daryl Morey gave a review of the application, outlining the planning report of May 31, 1990. He stated the Jensen house was recently: damaged by fire and they would like to reconstruct a larger sized house over the original house foundation. He stated that the present house does not meet the required 75 foot building setback from the OHWM of Orchard Lake. The proposed new house would maintain the same 39.5 foot OHWM building setback as the current house. Mr. Morey explained that Mr. Jensen plans to expand the house toward the north side property line, which is the right-of-way line of .Hilltop Drive. A 30 foot building setback is required by ordinance from the Hilltop Drive right-of-way. The new house, proposed to be set back 7.77 feet from Hilltop Drive, will not meet this ordinance.. requirement. Mr. Morey stated .there are extenuating circumstances related to these variance requests. First, the property has been used for single family residential purposes by the Jensens for 20 years. Now that the present house has been damaged by fire, the Jensens are without a place to live. Second, Hilltop Drive was platted with Lyndale Lakes Club ist-Addition but-exists as a narrow . gravel road :which provides access to only two properties north of the Jensen .property. Mr. Morey went on to review .the Zoning Ordinance regulations concerning variance requests in the Shore-land Overlay District. He stated that the Jensen variance request appeared to meet the five provisions of the Ordinance. He stated that given the narrowness of the Jensen lot, it would be impossible for them to place their proposed new house on the lot and achieve both side yard setbacks. He stated that staff recommends that consideration be given. to the elemination of the building setback variance from the OHWM of Orchard Lake by having the Jensens reconstruct .their proposed new house in a location which meets both .front and rear yardbuilding setback requirements. .This could be accomplished because Judicial Road will be reconstructed further away from the Jensen home, giving them a larger front yard. He recommended that two stipulations listed in the planning report of May 31, 1990 be incorporated into the variance should the Planning Commission and City Council act in favor of one or both of the building setback variance. requests. Mr. Morey stated that staff favors the vacation of Hilltop Lane, which would eliminate the side yard variance, A public hearing notce_for this street vacation has. been published for a public hearing to be held on June 21, 1990. PLANNING COMMISSION MEETING MINUTES JUNE 7, 199 0 :Page 8 He recommended that this item be continued until the June 21, 1990 meeting when the vacation of Hilltop Lane will be on the agenda. Mr. Bob Peterson, representing Kenneth`Jensen, reviewed the proposed plans and discussed the ordinance requirements in regard to setbacks from Hilltop Lane. He stated he has been working with Mr. Jensen's insurance company and City staff in developing the plans. There was no public comment. The Commission held a discussion which included: - Sewer and water hook-up. - Insurance company requirements. - Vacation of Hilltop Lane. - Grade level of existing foundation. - Existing garage walls. 90.104 Motion was made by Miller, seconded by Langhorst to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 90.105 Motion was made by Miller, seconded by Steigerwalt to table action on-,the application of_Kenneth Jensen for a building setback variance from the ordinary high water-mark of Orchard Lake and for a side yard building setback variance for property abutting Orchard Lake to allow the construction of a new single .family residential dwelling to be located at 17444 Judicial Road until the June 21, 1990 meeting. Roll call taken on the motion. Ayes; Unanimous. The. public hearing to consider the application of Greg and Ann Steuart for a conditional use permit to allow a second ' driveway curb cut access (Section 12.4 (8K) of the Zoning Ordinance) on Lot 8, Block 4, Highview Heights Second Addition was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey gave a review of the application, outlining the planning report of May 25, 1990. He reviewed a survey dated June 7, 1990.. He stated the Steuarts are requesting two driveways because the garage they are currently building along with their new house has two levels that are accessible to vehicles. This garage can be constructed due to the topography of their lot, which drastically slopes away to the south and east. Mr. Morey recommended approval of the request subject to the .three stipulations listed in the .May 25, 1990 .report, 1 • PLANNING COMMISSION MEETING MINUTES JUNE 7,-1990 Page 9 Mr. Steuart was present and stated he had a problem with the .revised survey, in that too much of his rear yard was taken up by the driveway. Dean Johnson of Lakeland Home Builders stated that Building Tnspectar Debbie Adrian had concern over the storm sewer drain in the previous survey. She had suggested the change in the plan. Mr. Morey recommended that the Steuarts and Mr. Johnson work with the Building Inspection Department on an agreeable location for that driveway, then submit a revised survey for approval by the City Council. Mr. Morey recommended that the Commission revise recommendation .number one in the planning report to read "The driveways shall be constructed in the manner shown on the approved Certificate of Survey". The Commission held a brief discussion. There was no public comment. 90.106 Motion was made by Whittingham, seconded by Langhorst to close the public hearing. Roil call was taken on the motion.. Ayes: Unanimous. • 90.107 Motion was made by Miller, seconded by Langhorst to recommend approval of the application of Greg and Ann Steuart for a conditional use permit to allow a second driveway curb cut access on Lot 8, Block 4, Highview Heights Second Addition subject to the planning report of May 25, 1990 with recommendation number one as amended and the findings of fact . Roll call was taken on the motion. Ayes: Unanimous. A ten minute recess was taken. The public hearing to consider the application of International Ghemtex for a conditional use permit to allow a loading berth located at the side of a building on a corner lot (Section 13.2 (5) of the Zoning Ordinance) and for a parking lot setback variance (Section 12.4 (80) of the Zoning Ordinance) for property located at 828? - 214th 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, outlining the planing report of May 30, 1990. He reviewed the site plan, discussing lot size, building setbacks., parking, landscaping, trash enclosures and outdoor storage. He stated that City staff views the unavailablity of adjacent .property for purchase by Chemtex for their business expansion plans as an undue hardship for consideration with this variance request. This variance would have been . PLANNING COMMISSION MEETING MINUTES JUNE 7,.1990 Page 10 avoided had Chemtex been able to purchase the adjacent property. He recommended approval of these requests subject to 10 stipulations listed in the May 30, 1990 planning report. Jack Matasosky was present representing Chemtex. The Commission held a discussion which included truck turning radius and the possibility of the purchase of the adjacent - property. There was no public comment. 90.108 Motion was made by Steigerwalt, seconded by Langhorst to close the public hearing. Roll call was taken on the motion. Ayes; Unanimous. .90.109 Motion was made by Whitehouse, seconded by Miller to recommend approval of the application of International Chemtex for a conditional use permit to allow a loading berth located at the side of a building on a corner lot and for a parking lot setback variance for property located at • 8287 - 214th Street West subject to the planning report of May 30, 1990 and findings of fact. Roll .call was taken on the motion. Ayes: Unanimous. The public hearing to consider the application of Joseph M. Miller Construction, Inc. for a conditional use permit to allow a previously .occupied single family residential - dwelling to be moved into the City of Lakeville was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey gave a review of the application, outlining the planning .report of May 25, 1990. He stated Mr: Miller plans to move a previously occupied single family house from Galaxie Avenue in Apple Valley to his undeveloped 30 acre farm property located on the east side of Cedar Avenue. south of .Dodd Boulevard. He stated Mr. Miller's property is zoned R-A, Single Family - Agricultural Residential District and is located outside the MUSA,boundary. Mr. Morey referred to a letter from the Building Official dated May 16, 1990 which .lists building code requirements that must be met to bring the house into compliance. He stated that a letter of credit 'will be required to ensure that the house is brought into compliance with building codes in a timely manner. Mr. Morey recommended approval of r 1 ~ • a ' ' • PLANNING COMMISSION MEETING MINUTES JUNE 7, 1990 Page 11 the conditional use permit subject to the recommendations listed in the planning report of May 25, 1990 with the addition of stipulation number six being the billboard on Mr. Miller's property be removed prior to the issuance of a building permit. Mr. Morey presented Commission members with a revised draft conditional use permit listing the six stipulations. Rich Tonak, representing Joe Miller, stated that Mr. Miller, personally, is the applicant and not Joseph M. Miller Construction, Inc. He stated that stipulations one through five of the planning report have been met. He went on to state that.. he has been unable to talk with anyone from Naegele Company regarding the billboard. He stated there is no record of a lease on the billboard with the County. He expressed his concern over the possibility of not being able to get release from the lease agreement. Mr. Robinette stated that the City Council would have the option of removing stipulation number .six when more information regarding the leases obtained. The Commissionheld a discussion which included..questions concerning details of the house to be moved and the well and septic system. There was no public .comment. 90.110 Motion was made by Langhorst, seconded. by Steigerwalt to close the public. hearing. Roll call was taken on the motion. Ayes:. Unanimous. 90.111 Motion was made by Steigerwalt, seconded by Langharst to recommend approval of the application of Joseph M. Miller for a conditional use permit to allow a previously occupied single family residential dwelling to be moved into the City of Lakeville subject to the planning report of May 25,.1990, the findings. of fact and the revised draft conditional use- permit. Roll call was taken on the motion. Ayes: Unanimous. The public hearing to consider the application of Karl and Harriet Lutgens for the .vacation of a portion of Pocahontas Avenue located in Lenihan's Lots, Antler Park was opened. The City Attorney attested that all. .legal notices had been . duly published and mailed. Daryl-Morey gave a review of the application, outlining the planning report of May 25, 1990.. He stated that the Lutgens { Y ~ ~ ~ ~ I • PLANNING COMMISSION MEETING MINUTES JUNE 7, 1990 Page 12 are requesting this street vacation because the vacation of the remainder. of Pocahontas Avenue/Jacquar Lane north of the Lutgen property with the final plat of the first phase of the Marion Pines subdivision has made development of the remaining section of Pocahontas Avenue/Jacquar Lane unnecessary, because the Lutgens have access off of 199th • Street and because no other property requires this segment of Pocahontas Avenue/Jaquar Lane for access. He stated that Pocahontas .Avenue/Jaquar Lane was platted but never constructed. He recommended approval of the street vacation. Glen Nord, representing Karl and Harriet Lutgens was present. to answer questions of the Commission. The Commission held a brief discussion. There was no public comment. 90.112 Motion was made by Whitehouse, seconded by Holberg to close the public hearing. Roll call was taken on the motion. ..Ayes: Unanimous. 90.113 Motion was made by Whitehouse, seconded by Miller to recommend approval of the application of Karl and ..Harriet Lutgens for the vacation of a portion of Pocahontas Avenue located in Lenihan's Lots, Antler Park. 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 of Ordinance 167 (the Zoning Ordinance of the City of Lakeville) pertaining to standards for off-street parking was opened. The City attorney attested that all legal notices had been duly published. Daryl Morey provided an overview of the application, outlining the planning report of May 25, 1990. He stated that this ordinance amendment is being processed in conjunction with the, conditional use permit and variance request of International Chemtex. He stated that the proposed amendment would allow businesses to reduce the number of parking spaces required on-site provided the business can adequately demonstrate that peak-parking demand will be less than ordinance requirements; provided the amount of parking provided is not less than half. the ordinance requirements; provided the property owner can demonstrate an area where the required number of parking spaces can be added if-demand exceeds supply; provided parking occurs only in areas t r ~ PLANNING COMMISSION MEETING MINUTES JUNE 7, 1990 Page 13 constructed according to ordinance standards; and provided the property owner enters into a development agreement with the City guaranteeing the aforementioned items. He recommended approval of the ordinance amendment. The Commission held a brief discussion. There was no public comment. 90.114 Motion was made by Langhorst, seconded by Steigerwalt to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. .90.115 Motion was made by Holberg, seconded by Whitehouse to recommend approval of the application of the City of Lakeville for an amendment to Section 12.4 of Ordinance 167 (the Zoning Ordinance of the City of Lakeville). pertaining to standards for off-street parking. subject to .the planning report of May 25, 1990. Roll call was taken on the motion. Ayes: .Whitehouse, Holberg, Whittingham, Langhorst, Steigerwalt. Nay: Miller. • Miller voted. nay becuase he felt the amendment was not necessary. Under unfinished business, Whitehouse questioned the pending Render variance and the retaining wall to be constructed. Mr. Robinette responded. There was no new business. 90.116 Motion was made by Steigerwalt, seconded by Langhorst to adjourn the meeting. Voice vote was taken on the motion. Time: 12:30 a.m. Respectfully submitted: Mira Holliday, ecording cretary ATTEST: C~ Jan ittingham, Chairperson