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HomeMy WebLinkAbout06-21-90 ` n. 1!M CITX OF LAKEVILLE PLANNING COMMISSION MEETING :MINUTES JUNE 21, 1990 The meeting was called to order by Chairman Whttingham at 7.:00 p.m. in the City Hall Council Chambers. Roll call of members was taken. Present: Whitehouse, Miller, Holberg, Whittingham, Langhorst, De Phillips. Absent: Steigerwalt. Also present was Robert Erickson, City Administrator; Elliott Knetsch, City Attorney; David Licht, Planning Consultant; Jeff -0liver, Assistant City Engineer; Daryl Morey, Assistant Community. Development Director and Mira Holliday, Recording Secretary.. The minutes of the June 7, 1990 Planning Commission meeting were approved as amended. The public-hearing to consider the application of the City of Lakeville .for the vacation of Hilltop Lane located in Lyndale Lakes Club 1st Addition was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey presented an overview of the street vacation, outlining the planning report of June 18, 1990. He stated this request for street vacation was being processed in conjunction with .building setback variances for Kenneth Jensen. He reminded the Commission that staff presented the Jensen variance requests at the June 7, 1990 Planning Commission :meeting. Staff had recommended, at that time, that the Jensen variance requests be continued until the June 21, 1990 meeting to allow a public hearing to consider the vacation of Hilltop Lane to take place. If Hilltop Lane is vacated, it will eliminate the need for one of the Jensen variance requests (the north side yard building setback variance). Mr. Morey went on to state that the City Engineer-reviewed the street-vacation request and recommended approval subject to the`City maintaining a public utility and drainage easement over the vacated Hilltop Lane .for the installation and maintenance of public sewer and water services. The City Attorney also reviewed the xequest and recommended approval. ~ s ~ ~j- PLANNING COMMISSION MEETING MINUTES JUNE 21, 1990 Page 2 Bob Peterson, representing Kenneth Jensen stated he had a discussion with the property owners to the north of the subject property and the consensus was there was no problem with the extension of the property to Hilltop Lane. He suggested that Hilltop Lane be vacated as a street but possibly be designated as a bike path. The City Attorney stated this could not be done once property is designated as a street on a plat. He stated a variance would still be required. Richard and Jo Ann Milan, property owners to the north of the subject property stated they would like to see the variance granted for Mr. Jensen and would like to see the street left as is. Mr. Knetsch indicated a hardship must be .proven in order for a variance to be granted. The Milans also questioned the amount of increased taxes they would have to pay on the 15 foot strip of Hilltop Lane thatwould be added to their property if the street is vacated. Daryl Morey addressed-their concerns. by stating he had talked to the County Assessor's office and they • indicated that the property value added to the Milan property would likely result in a yearly tax increase of $0 - $1©. Mr. Milan also stated he was concerned over having continued access tothe lake. Mr. Morey tated this :provision .could be included in the easement agreement to be drafted between the three abutting (Hilltop Lane) property owners: The Commission held a discussion which included: - Utility and drainage maintenance. Judicial Road improvement project. - Properties being'"landlocked". - Continued. access to Orchard Lake. Bob Erickson stated that no property would be landlocked and with the rapid growth of the City and the Judicial Road improvement project, the character of the area will change which may encourage the-public to want access to the lake in than area. He tated it .would be to the benefit of the area property owners to have the street vacated. He further stated: that thepropertyowners-should find a compatible solution and prepare an easement agreement which would be agreeable to everyone. • PLANNING .COMMISSION MEETING MINUTES JUNE.. 21, 1990 Page 3 90.117 Motion was made by Miller, seconded by Langhorst to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 90.118 Motion was made by Langhorst, seconded by Holberg to recommend approval of the application. of the City of - Lakeville for the vacation of Hilltop Lane located in Lyndale Lakes Glub 1st Addition subject to a three way easement agreement. between adjacent property owners to provide access to Orchard Lake and individual properties. Roll call was taken on the motion. .Ayes: Unanimous.. Daryl Morey reviewed 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, which was continued from the June 7,-1990. meeting. The public hearing was closed at the June 7, 1990 meeting but a recommendation was continued pending the outcome of the public hearing for the vacation of Hilltop Lane. Mr. Morey stated that with the vacation of Hilltop Lane, one half of the 3O foot width of Hilltop Lane will be added to Mr. Jensen's property. This means that Mr. Jensen's north - side property line will be shifted 15 feet north of its present location and will be classified as an interior side yard property Line as opposed to a corner side yard property line. This results in a l0 foot side yard building ..setback requirement from the north property line. (as opposed to 30 feet). With the vacation of Hilltop Lane, the Jensen house will be set back 22.77 feet from the north property line, given their site plan, as opposed to the 7.77 foot setback with Hilltop Lane intact. He stated that staff recommends approval of the request subject to the five stipulations listed in the planning report dated June 18, 1990.. A brief discussion was held by the Commission. 90.119 Motion was made by Langhorst, seconded by Whitehouse to recommend approval of the application of Kenneth Jensen for a building setback variance from the .ordinary high water mark of Orchard Lake (Section 47.5 of the Zoning Ordinance) to allow the construction of a new single family residential PLANNING COMMISSION MEETING MINUTES JUNE 21, 1990 Page 4 dwelling to be located at 17444 Judicial Road subject to the planning report of June 18, 1990 and the findings of fact, Roll call was taken on the motion. Ayes: Unanimous. The public hearing to consider the application of Ann Proudfoot for a conditional use permit to allow a dance studio (Section 37.4.9 of the Zoning Ordinance) to be located in the Southfork III Shopping Center was opened. The City Attorney attested that all legal .notices had been duly published and mailed. David Licht reviewed the application, outlining the planning report of June 13, 1990. He stated Ms. Proudfoot plans to lease existing commercial. space within the Southfork Center Building III for the purposes of operating a dance studio. He went on to state that the studio will consist of two classrooms for the purpose of teaching jazz, tap and ballet classes to children 4 years of age through adult. He • explained that the Southfork Center Building III is located within a B-4, General Business Zoning District. He reviewed the site plan, including: - Lot requirements. - Screening. - Parking/loading. - Floor plan. - Signage. Mr. Licht stated that Ms. Proudfoot acknowledged she is not the owner of the property, however the owner has. been notified and a letter was received stating he is in agreement with the application. Mr. Licht recommended- approval of the application subject to the four conditions listed in the report of June 13, 1990. Ann Proudfoot was present to answer any questions of the .Commission or public. There was no public comment. The Commission held a brief discussion. .90.12.0 Motion was made by Miller, seconded by Whitehouse to close the public hearing. Roll call was taken on the motion. Ayes:. Unanimous. PLANNING COMMISSION MEETING MINUTES JUNE 21, 1990 Page 5 90.121 Motion was made by Holberg, seconded by .Miller to recommend approval of the application of Ann Proudfoot for a conditional-use permit to allow a dance studio (Section 37.4.9 of the Zoning Ordinance) to be located in the Southfork III Shopping Center subject to the planning report of June 13, 1990 and the findings of fact. Roll call was taken on the motion. Ayes:. Unanimous. The public hearing to consider the application of .Jeffrey. and Dorothy Barr for the vacation of a portion of Winston Street located in the Orchard Lake subdivision was opened .The City Attorney attested that all legal notices had been duly published and mailed. The public hearing. to consider the application of Jeffrey and Dorothy Barr for a building setback variance from the ordinary high water mark of Kingsley Lake (Section 47.5 of the Zoning Ordinance) to allow the construction of a new single family residential dwelling to be located on the • north side of Klamath Trail at 168th Street was opened. The City Attorney attested that all legal notices had been duly published and mailed. David Licht stated that the Natural Resources Committee had tabled action on this item at their June 19, 1990 meeting. He also stated that questions have been raised .concerning tree preservation and sanitary sewer installation and easements. He requested that the item be tabled pending... further review by staff and action by the Natural Resources Committee. 89.122 Motion was made by Langhorst, seconded by Miller to continue the public hearing to consider the application of Jeffrey and Dorothy Barr for the .vacation.. of a portion of Winston Street located in the Orchard Lake subdivision. Roll call was taken on the motion. Ayes: Unanimous.. 90.123 Motion was made by De Phillips, seconded by Miller to continue the public hearing to consider the application of Jeffrey and Dorothy Barr for a building setback variance from the ordinary high water mark of Kingsley Lake (Section 47.5: of the Zoning Ordinance) to allow the construction of a new single family residential dwelling to be located on the • north side of Klamath Trail at 168th Street. Roll call was taken on the motion. Ayes: Unanimous. PLANNING COMMISSION MEETING MINUTES JUNE 21, 1990 Page 6 David Licht presented a review of the final plat of Chapel Hills. 2nd Addition. He distributed and outlined-an addendum to the June 12, 1990 planning report. He stated a revised final plat has been submitted by the developer which eliminates nonconforming Lots 1 and 2, Block 4. He stated the developer has expressed intention to reapply for consideration of the R-3 zoning over Outlot A in .the proposed final plat. Mr. Licht recommended approval of the final plat subject to the nine recommendations listed in the June 21, 1990 report. Mr. Wayne Tauer was present representing the developer. The Commission held a brief discussion. 90.124 Motion was made by Miller, seconded by De Phillips to recommend approval of the final plat of Chapel Hills 2nd Addition subject to the planning reports of June-12, 1990 and June 21, 1990.. 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 residential uses was continued from a previous meeting. Daryl Morey requested that this item once again be tabled pending further review by staff... 90.125 Motion was made by Miller, seconded by Whitehouse 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 residential uses. Roll call was taken on the motion. Ayes: Unanimous. Under unfinished business, Bob Erickson gave the Commission a brief update on the issue of John Tucker's Bait and Garden.. He .stated he had contacted the-.owner of the property regarding assistance for Mr. Tucker in bringing-the. site into conformance. Under: new. business, Mr. Miller questioned Mr. Erickson concerning on-going street maintenance policies. Motion was made by Langhorst, seconded by Miller to adjourn the meeting. PLANNING COMMISSION MEETING MINUTES JUNE 21, 1990 Page 7 Voice vote was taken on the motion. .Ayes: Unanimous. Time: 8:30 p.m. Respectfully submitted: ~ ~ Mira. Holliday, Recording Sec ary .ATTEST: l ~ Ja Whittingham, Charper n •