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HomeMy WebLinkAbout07-19-90 b CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES JULY 19, 1990 The meeting was called to order by Chairman Whittingham at 7:00 p.m. in the City Hall Council Chambers. Roll call of members was taken. Present: Steigerwalt, Langhorst, Whittingham, Holberg, Miller. Absent: Whitehouse, De Phillips. Also present was Robert Erickson, City Administrator; Elliot Knetsch, City Attorney; David Licht, Planning Consultant; Jeff Oliver, Assistant City Engineer; David Krings, Building Official; Daryl Morey, Assistant Community Development Director; and John Hennen, Recording Secretary. The minutes of the June 21, 1990 Planning Commission meeting were approved as written. Chairperson Whittingham informed the Committee and public that agenda item number 11, regarding the consideration of the final plat of Country Pond South would be tabled. • David Krings presented a status update on the revocation of a conditional use permit to allow outside sales and storage of plants, shrubs and trees at 9200.- 202nd Street. Mr. Krings informed the Committee that the majority of the violet.ion-items which Mr. Tucker needed to address were complied with at this time. He stated staff recommends the remaining siding, painting and clean-up be completed by August 2, 1990, an application to amend the .conditional use permit to expand outside storage on the east side of the property be completed by September 1, 1990, and the removal of the planted trees on the east side of the site be completed by November 15, 1990. Mr. Tucker asked if it would be possible to leave some of the planted trees in the ground for display purposes and design gardens... Mr. Licht felt this was a premature request that could be looked at in more detail when amending the conditional use permit. Commssionmember Holberg asked if the August 2 and September 1, 1990 compliance dates could be combined into one meeting and if the requirements were not met by August 2,.:1990, could the Commission recommend revocation of the conditional use permit. Robert Erickson stated that because of the timeframe, the two compliance dates could not be combined into one meeting. He further stated the Commission will have the option of recommending revocation if the requirements are not met by August 2, 1990. _ PLANNING COMMISSION MEETING MINUTES JULY 19, 1990 Page 2 Commission member De Phillips. arrived at the. meeting during the discussion. 90..126 Motion was made by Miller, seconded by Stegerwalt to continue the revocation of a conditional use permit to allow outside sales and storage of plants, shrubs and trees at 9200 - 202nd Street West to August 2, 1990 subject to the conditions in the memo from Jim Robinette, Community Development Director, dated June 18, 1990. Roll call was taken on the motion. Ayes: Unanimous. Daryl Morey reviewed the request for extension of Conditional Use Permits #89-07 and #89-15 issued to Trinity Evangelical Free Church to allow a building expansion at 16165 Kenwood Trail. The church applied for and previously had approved two conditional use permits to allow the church expansion to occur. The City Council adopted a resolution setting the expiration date for both conditional use permits as September 5, 1990. Senior Pastor Donald Reigstad recently informed-staff that construction of the church addition had not yet begun due to financial reasons and. construction probably would not begin until Spring, 1991. Pastor Regstad is-requesting a one year extension. of the conditional use-permits: Staff-recommended that the conditional use permit deadline-be extended-to January 1, 1992 to allow adequate time for construction of the church expansion. The Commission proceeded to discuss. the recommendation. 90.127 Motion was made: by Langhorst, seconded by Miller to recommend to the City Council approval of the extension to January 1, 1992 of conditional use permits #89-07 and #89-15 issued to Trinity. Evangelical Free Church to allow a building expansion at 16165 Kenwood Trail subject to Daryl Morey~s report dated July 12, 1990. Roll call of members was taken. Ayes: Unanimous.. The public hearing to consider the application of Meritor Development. Corporation for the vacation of a portion of existing drainage and utility easements located along Lot 1, .Block 3 and Lot 1, Block 4, Chapel Hills was opened. The City Attorney attested that all legal notices had been duly published and .mailed. • • PLANNING COMMISSION MEETING MINUTES JULY 19, 1990 Page 3 Daryl Morey informed the Commission that Meritor Development Corporation is requesting the vacation of the easements as part of their request to combine Lot 1, Block-3, Chapel Hills with outlot B, Cedar Glen and Lat 1, Block 4, Chapel Hills with Outlot C, Cedar Glen. Mr. Langhorst asked if the easement vacation can be done administratively. Staff informed the Cammission that a public hearing is required by State statutes. 90.128 Motion was made by Miller, seconded by Holberg to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 90.129 Motion was made by Stegerwalt, seconded by De Phillips to recommend approval of the application of Meritor Development. Corporation for the vacation of a portion of existing drainage and utility easements located along Lot 1, Block 3 and Lot 1, Block 4, Chapel Hills subject to Daryl Morey's report dated July 13, 1990. • 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 continued from a previous meeting. David Licht informed the Commission that Winston Street is an access to the Walter Sternberg property but is not the .major access. If the street is vacated, half of the property would ga to the Barr property and the other half would go to the adjoining property owned by Dakota County. Daryl Morey informed the Commission that the Shoreland Impact Plan was reviewed by the Natural Resources Committee on July 17, 1990 but a motion to approve the Shoreland Impact Plan was unanimously denied. 90.130 Motion was made by Miller, seconded by De Phillips to close 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. Roil call was taken on the motion. Ayesr Unanimous. Motion was made by Holberg, seconded by Steigerwalt to • approve the application of :Jeffrey and Dorothy Barr for the vacation of a portion of Winston Street located in the Orchard Lake subdivision. . PLANNING CQMMISSION MEETING MINUTES JULY 19, 1990 Page 4 Roll call was taken on the motion. Ayes: Unanimous. 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 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 continued from a previous meeting. David Licht reviewed the Barr variance request. He stated the property is over one acre in size, however the proposed house cannot meet the .setback requirements if the variance is not granted. The property would be unbuldable for a single family dwelling if this variance request is not granted. Mr. Licht stated he believes this is a reasonable request. and recommended approval. Mr. Barr stated he was present at the Natural Resources Committee meeting on July 17, 19.90 to address their concerns. Mr. Barr informed the Commission that the boathouse on the site would be taken down; the size of the • driveway.would meet ordinance requirements; a double row of silt fence would be placed on the property during construction; the-landscaping on the property will match the natural vegetation on-the site; and their plans are to preserve asmany trees as possible on the property. Mr. Knetsch informed the Commission that. reasonable uses of the property should be allowed. This is only one development. plan and other uses could be proposed for this property. The Commission discussed the. access from the. Sternberg property, the tree preservation plan and the removal of trees when the sanitary sewer line is installed. Jeff Oliver recommended that the sanitary sewer line be placed underneath the driveway so-additional trees would not have to be removed. Commissionmember Holberg stated she was not comfortable with approval of the variance due to the lack of a tree preservation plan, the. types of soils on the property, and the installation: of the-..sanitary-sewer line around the lake which could destroy existing vegetation. Mr. Oliver informed the Commission that this is the only feasible place where sewer and water could be located due to the topography of the surrounding area.- Bob Erickson recommended that a reforestation p an-may be appropriate. Commssonmember Steigerwalt felt the property could be better used as a . park. Commissionmember Miller also stated that he felt the variance request should be denied until Dakota County decides to sell the abutting property. Mr. Erickson mentioned that even if Dakota County-decided to sell the • .PLANNING COMMISSION MEETING MINUTES JULY 19, 1990 Page 5 property, moving the house would not be environmentally sound. Al Maas informed the Commission that. the proposed .house is positioned in the best possible location on the .site, given the existing features. Motion was made by Steigerwalt, seconded by Whittingham to close 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 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. 90.131 Motion was made by Miller, seconded by Langhorst to-approve the application of Jeffrey and Dorothy Barr for a building setback variance from the ordinary high water mark of Kingsley Lake to allow the construction of a new single family residential dwelling to be located on the north side of Klamath Trail.•at 168th-Street .subject to the planning • reports dated June 13 and June 29, 1990, the engineering report dated June 18, 1990, the Dakota-County Soil and Water Conservation District report dated June 15, 1990, any other staff recommendations, and the findings of .fact. - Roll call was taken on the motion, Ayes: Steigerwalt, Langhorst, Whittingham and De Phillips. Nays: Holberg, Miller. Miller voted nay because the house would be located too close to the ordinary high water mark, because..a precedent would be seta. and because of the soil conditions on the property. Holberg. voted nay because she felt the proposed driveway location would be unsafe and because of the concerns of the Natural Resources Committee. The public hearing to consider the-application of Kenneth and Roseann Johnson fora conditional use permit to allow the construction of a single family residential dwelling on a non-conforming lot located at 10647 - 202nd Street West was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey informed the Commission that the Johnson's • existing house is very old and in a rundown condition. The Johnsons' would like to tear down the existing house and i PLANNING COMMISSION MEETING MINUTES JULY 19, 1990 Page 6 construct a new, somewhat larger house in its place. The lot has its own private. well. and septic system and is .non-conforming in terms of lot area, lot width and side yard building setback for the existing house. The Zoning. Ordinance allows single family residential dwellings to be expanded to improve livability by conditional use permit provided the non-conformity is not increased. Mr. Morey stated that staff recommends approval of the conditional.use permit request subject to the three stipulations listed in the planning report dated July 13, 1990. Mr. and Mrs, Bruce Steeples, neighbors of the Johnsans, stated they had a problem with the survey. According to the Johnson's survey, the property line is ten feet closer to their house than originally stated on their own survey. Ray Brandt, the surveyor of the Johnson property, was present at the meeting and stated that there has, been a problem with the accuracy of the surveys in that neighborhood. Mr. Charles Bower of 10625 - 202nd Street was also present and claimed that the Johnson. survey. was correct. Mr. Knetsch informed the Commission that if this conditional use permit was approved, it would not change the property line. .90.13.2 Motion was made-by Miller, seconded by De-Phillips to close the public-hearing o=consider the application of Kenneth and Roseann Johnson for a conditional use permt'to allow the construction of a single family residential dwelling on a non-conforming lot located at 10647 - 202nd Street West. Roll call .was taken on the motion. Ayes: Unanimous. 90.133. Motion was made by Langhorst, seconded by Steigerwalt to recommend approval of the application of Kenneth and Roseann Johnson for a conditional use permit to allow the .construction of a single family residential dwelling on a non-conforming lot located at 10647 - 202nd Street West subject to the Daryl Morey's report dated July 13, 1990 and the findings of fact. Roll call was taken on the motion.. Ayes: Unanimous. The public hearing. to consider.. the application of David and Deborah Frost for a conditional use permit to allow the construction of a second garage on a single family residential lot located at 98.80 - 199th Street West was opened, The City Attorney attested that ail legal notices had been duly published and mailed.. • _Daryl Morey stated that the Frosts' are requesting the removal of an existing garage and the construction of a • • FLANNING COMMISSION MEETING MINUTES JULY 19, 1990 Page 7 larger garage in its place on their single family residential lot.. The Frosts own part of Lot 28 and all of Lot 29, Block 12 in the Antlers Park subdivision. There is a single family home and two garages currently located. on the property.. The house. and smaller garage are approximately 35 to 40 years old. The larger garage is approximately 10 ..years old. The applicant has demonstrated a need for the proposed second garage, which will improve the livability of the property when it is constructed in .place of the old garage, Mr. Morey stated that staff recommends approval of this request subject to the eight stipulations listed in the planning report dated July 13, 1990. Commission members discussed the conditional use permit request. 90.134 Motion was made by Steigerwalt,-seconded by Holberg to close the public hearing-to consider the. application of David and. ..Deborah Frost_for a-conditional-use permit to allow the • construction of a second garage on a single family residential lot located at 988 0 - 199th Street. .Roll call was taken on-:the..-motion.. Ayes:- Unanimous. 90.135 Motion was made by Miller, seconded'by Langhorst to recommend approval of the application of David and Deborah Frost for a conditional use permit to allow the construction of a second garage on a single family residential lot located at 9880 - 199th Street subject to Daryl Morey's report dated July 13, 1990 and. the findings of fact. Roll call was taken on the .motion. Ayes: Unanimous, 90.136 Motion was made by De Phillips, seconded by Whttingham to continue the consideration of the final plat of Country Pond South pending review by the Natural Resources Committee. Roll call was taken on the motion. Ayesz Unanimous. Daryl Morey distributed to the Commission a proposed amendment to Section 12.4,8 of Ordinance 167 pertaining to • curb cut accesses for single family residential uses. Mr. Morey reviewed the draft amendment with. the Commission, Mr. Licht stated he had a problem with a two curb cut driveway because he felt it could change the character of the typical i PLANNING COMMISSION MEETING MINUTES JULY 19, 1990 Page 8 R-2 single family. residential lot. He was also concerned over the storage of recreational vehicles and equipment on the driveway. Staff and the Commission discussed; driveway widths, setbacks, location on co3lector streets, and need for conditional use permit approval. 90.137 Motion was made by Miller, seconded by Langhorst 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 pertaining to curb cut accesses for single family residential uses. Roll call was taken on the motion. Ayes: Unanimous. There was no new business. 90.138 Motion was made by Whittingham, seconded by Holberg to adjourn the meeting. Voice vote was taken on the motion. Time: 10:00 p.m. Respectfully submitted: Z hn Hen en, Recording Secretary ATTEST: l 7 Jan ittngham, Chairman