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HomeMy WebLinkAbout08-23-90 f _ CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES AUGUST 23, 1990 The meeting was called to order by Mice-Chairman., Miller, at 7;40 p.m. in. the Lakeville City Hall. .Roll call of members was taken.. Present: Whitehouse,.. Holberg, Miller, Steigerwalt. Absent: Whittngham, Langhorst, De Phillips The minutes of the August 2, 1990 meeting were approved as written. 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. Daryl Morey stated that at the July 19th Planning Commission meeting, approval. of this item was recommended to the City Council. on a four to two vote.. He explained that .the • original legal notice that was published in the newspaper and mailed to the abutting property owners incorrectly stated that the Barr's were applying for a building setback variance from Lee Lake. Upon discovery of the error, City staff immediately: mailed a correctionnotce to the adjoining property owners. He stated that at the recommendation of the City Attorney, City staff sent a correct legal notice to the newspaper as well as to the abutting property owners, to readvertise a public hearing on the Barr variance at tonight's meeting. Walter Sternberg of 1672.0 Klamath Trial questioned the publication of the public hearing notice in the newspaper. The City Attorney presented the-Affidavit of Publication to Mr. Sternberg. He stated that was not the actual newspaper and was-not satisfied that it had been published... Bob Erickson, City Administrator presented. Mr. Sternberg with the actual clipping of the public hearing notice from the newspaper. .The City Attorney asked Mr. Sternberg if he had received mailed notice of the hearing. Mr. Sternberg replied that he had.. Mr ,Sternberg presented the Commission with copies of City Council minutes dated September 13,.1976 which stated the lot now owned by the Barn's, among others were buildable lots (motion-number 76.45). He also presented a copy of a memorandum from Donohue and Associates dated December 12, 1986 regarding assessments to the aforementioned properties.. ~ L PLANNING COMMISSION MEETING MINUTES AUGUST 23, 1990 Page 2 Alan Brixius reviewed. the variance request, outlining the planning report of June 29, 1990.. He recommended approval of the request subject to the four recommendations listed in the report. Mr. Barr and. Al Maas were present to answer any .questions of the Commission and public. They stated they were in agreement with the recommendations of the planning report. Stegerwalt questioned the installation of sewer and water to the :lot. Jeff Oliver, Assistant City Engineer reviewed the plans far the installation, stating that Mr. Barr had made every effort to cooperate and that an easement was in the process of being granted. He also stated that the Barrs would:be responsible for installation of the man hole and connection, thus becoming exempt from future assessments. Discussion. was also held concerning a tree preservation. plan, which Mr. Barr stated he is currently working on :and the outlet for Kingsley Lake. 90.142. Motion. was made by Holberg, seconded by Steigerwalt to: close the public hearing. • Roll call was taken on the motion. Ayes: Unanimous. 90.143 Motion was made by Holberg,.seconded by Stegerwalt to recommend approval of 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 anew 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: Whitehouse and Steigerwalt. Nays: Miller and Holberg. The reason for Miller's nay was the condition of the soil, the 100 foot difference between the setback required by ordinance and the setback proposed by the Barrs, .the foreseeable erosion of soil without vegetative cover and the driveway being too close to the ordinary high water mark. The reason for Holberg's nay was the severity of the variance, the topography dictating the variance hardship and the setting of severe precedent. • PLANNING COMMISSION MEETING MINUTES . AUGUST 23, 1990 Page 3 Alan Brixius reviewed the final. plat of Royal Woods First Addition, outlining the planning report of May 7, 1990. He recommended approval of the final plat subject to 10 conditions outlined in the report... Ralph Wagner of Probe Engineering reviewed the grading plan. The Commission held a discussion which included: - Storm sewer (size of outlet pipe) - Removal of stack pile of black dirt - Tree preservation plan - Security for tree preservation plan - Trailways abutting outlot 90.144 Motion was made by Holberg, seconded Whitehouse to recommend approval of the final plat of Royal Woods First Addition subject to the planning report. of May 7,..1990, the engineering report of August 9, 1990 the Dakota County Soil and Water Conservation District report of August 1, 1990,- - the-Natural .Resources Committee .recommendations, the implementation of Phase III after Phase I and removal of the stock pile of excess. material by July 1, 1991. • Roll call was taken on the motion. Ayes: Unanimous. Alan Brixius .reviewed the final plat of Lake Villa 6th Addition, outlining the report of Auguste l6, 1990. He explained that reviews and discussions-:regarding the preliminary plat for the Lake. Villa Golf Estates 6th Addition have been conducted by Northwest Associated Consultants, City staff, City engineers., the DNR and the Dakota County Soil and Water Conservation Department since submission of a preliminary plat in December 1989. These reports and discussions have resulted in a number of :.changes from the original preliminary plat due to drainage, access, and tree preservation concerns. He reviewed the changes and recommended approval of the final plat subject to 10 recommendations listed in the August 16, 1990 report. Tom Simonsen, the developer, was present and stated he was in agreement with .the. recommendations outlined by Mr. Brixius. The Commission held a discussion. Larry Bakken questioned the sewer. hook up and the lack of access to Kettering:. Trail from the Turbes property. Staff responded that-the sewer hook-up is a design issue which • would be addressed and discussed with Mr. Bakken at a later date.. Staff also explained that the Turbes property has a north-access to 172nd Street. ~ ~ PLANNING COMMISSION MEETING MINUTES • AUGUST 23, 1990 Page 4 Michael Dedesky expressed concern over the loss of trees around the holding pond. He felt. there should be more drainage in that area. Staff explained that an outlet would be placed in the pond as a part of the-Lake Villa Galf- Estates 6th Addition plat. Bob Erickson stated that the pond had been recently pumped due to concern by the neighbors for the trees. Rich Carron questioned the security for tree preservation on custom graded lots. Staff explained that the security was a mandatory requirement. A discussion was held .concerning the outlet pipe for a pond on the south side of Kettering Trail. Staff stated they would look at the level of the pipe. 90.145 Motion was made by Whitehouse, seconded by Holberg to recommend approval of the final plat of Lake Villa Golfe. Estates 6th Addition. subject to the recommendations of the August 16 1990 planning report with the addition: of recommendation number 11 being strict adherence to silt" fencing around the wetlands. • Roll call was taken on the motion.. Ayes. Unanimous. Bob Erickson thanked the residents for their input on the Lake Villa Golf Estates 6th Addition plat stating many problems had been resolved. Bob Erickson gave an overview of a resolution of the Lakeville Planning Commission finding the proposal for modifcationof I-35 Redevelopment Project No. 1, establishment of Tax Lncrement Financing. District No. 12 (Lakeville Commerce Center) located within the Redevelopment Project No. 1 and proposal for-approval and adoption of the redevelopment plan and tax increment financing plan relating thereto to be consistent with the comprehensive plan of the City. Mr, Erickson then introduced Walt Hartman, the City's Tax Increment Financing Consultant, who gave an indepth review of the proposal. The Commission held a brief discussion. 90.146 Motion was made by Steigerwalt, seconded by Holberg to approve the Resolution of the Lakeville Planning Commission finding the proposal for modification of I-35 Redevelopment Project No. 1, establishment of Tax Increment Financing District No. 12 (Lakeville Commerce Center) located within . the Redevelopment Project No. 1 and proposal for approval and adoption of the redevelopment-plan and tax increment financing plan relating thereto to be consistent with the Comprehensive. Plan of the City. * PLANNING COMMISSION MEETING MINUTES • AUGUST 23, 1990 .Page 5 Roll call was taken on the motion.. Ayesc Unanimous. There was no new business. 90.147 Motion was made by Steigerwalt, seconded by Holberg to adjourn the meeting. Time: 9:30 p.m. Respectfully submitted: Mira Holliday, R cording retary .ATTEST: • Dennis Miller, Vice Chairman • RESOLIITION OF THE LAKEVILLE PLANNING COMMISSION FINDING THE PROPOSAL FOR MODIFICATION OF I-35 REDEVELOPMENT PROJECT NO. 1, ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. I2 (LAKEVILLE COMMERCE CENTER) LOCATED WITHIN THE REDEVELOPMENT PROJECT NO. 1 AND PROPOSAL FOR APPROVAL AND ADOPTION OF THE REDEVELOPMENT PLAN AND. TA% INCREMENT FINANCING PLAN RELATING THERETO TO BE CONSLSTENT WITH THE COMPREHENSIVE PLAN OF THE CITY. WHEREAS, the Housing and Redvelopment Authority in and for the City of Lakeville {the. "Authority") has (a) proposed modification of I-35 Redevelopment Project No. 1 (the "Project"); (b) proposed establishment of Tax Increment Financing District. No. 12 (Lakeville Commerce Center) (the "Tax Increment District") ooated within the Project, all located within the jurisdictional limits of the City of. Lakeville, Minnesota (the "City"); and (c) proposed the modification of a Redevelopment .Plan (the "Redevelopment Pian") and. Tax Increment Financing Plan (the "Financing Plan") relating thereto, Qursuant to Minnesota Statutes, Sections 469.001 to 469.047, inclusive, and Minnesota Statutes, Sections 469.174 to 469.179, inclusive; and WHEREAS, the Redevelopment Plan and Financing Plan have been submitted to the Lakeville Planning Commission pursuant to Minnesota Statutes, Section 469.027. and .Minnesota Statutes, Section 469.175, Subd. 3 3 ;and WHEREAS, the. Planning Commission has reviewed .the proposed Redevelopment Plan and Financing Plan to determine the consistency of the Plans to the Comprehensive .Plan of the City. NOW, THEREFORE, BE IT RESOLVED by the Lakeville Planning Commission 'that the Redevelopment Plan and Financing. Plan are consistent with the- Lakeville Comprehensive Plan and the Commission;reeommends forwarding of the findings to the :Lakeville. City Council. - Adopted U ;3 1990.: C q Chairma 4i ATTEST;