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HomeMy WebLinkAbout10-18-90 i? -a M CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES OCTOBER 18, 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, Steigerwalt. Absent: Langhorst, De Phillips. Also present was Roger Knutson, City Attorney; Alan Brixius, Consulting Planner; and Mira Holliday, Recording Secretary. The minutes of the October 4,.1990 Planning Commission meeting were approved as written. .The public hearing to consider the application of William Clifford for a conditional use permit to allow the construction of a second accessory building and to allow the floor area of the combined accessory buildings. and garages to exceed 2,000 square feet located at 12295 205th Street West was opened. The City Attorney attested that all legal notices had been duly published and mailed. S Alan Brixius presented an overview of the planning report of October 9, 1990. He stated that Mr. Clifford planned to use the .proposed buildings primarily for the storage of horses. Mr. Brixius went on to discuss the following: - Proposed action is consistent with the Comprehensive Land Use Plan. - The proposed use is compatible with present and future land uses in the area. - The proposed use conforms with all performance standards contained within the Ordinance. - Description of building appearance. - Proposed use will not depreciate the proposed area. - Proposed use can be accommodated with existing public services and will not overburden the City's service area. - Traffic generation. Mr. Brixius recommend approval of the the conditional use permit subject to the following recommendations: 1. The proposed storage structure is of similar color (earth tone) and, at a minimum, similar in quality to the site's existing accessory structure. • ~4 1 . PLANNING COMMISSION MEETING MINUTES OCTOBER 18, 1990 Page 2 2. No animals are to be allowed within 100 feet. of any neighboring residential dwelling. 3. The Cliffords obtain a building permit for the accessory building. Mr. Clifford was present to answer questions of the Commission and public. Mr. Robert Clark questioned when the City began requiring a permit for accessory buildings on a farm. Alan Brixius responded. The Commission held a brief discussion. Whitehouse questioned the possible future commercial use of the property. Mr. Brixius stated that the applicant plans to use the accessory building for storage of his personal horses only. The Commission requested that an additional stipulation be added in addition to those listed in the planning report stating no commercial or home occupation activities are conducted on the property. 90.158 Motion was made by Whitehouse, seconded by Miller to close . the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 90.159 Motion was made by Miller, seconded by Steigerwalt to recommend approval of the application of William Clifford for a conditional use permit to allow the construction of a second accessory building and to allow the floor area of the combined accessory buildings and garages to exceed 2,000 square feet subject to the planning report of October 9, 1990 with the addition of recommendation number four being no commercial or home occupation activities are conducted on the property. Roll call was taken on the motion. Ayes: Unanimous. The public hearing to consider the application of Jerry and Martha Erickson for a side yard building setback variance for property abutting Lake Marion to allow the construction. of a new single family residential dwelling. located at Jersey Avenue and Java Path was opened. The City Attorney attested that all legal notices had been duly published and mailed. PLANNING COMMISSION MEETING MINUTES OCTOBER 18, 1990 Page 3 Alan Brixius presented an overview of the planning report of October 9, 1990. He stated the applicant is requesting a reconfiguration of the three and one-half existing. non-conforming lots with three structures to two conforming lots with one structure on each, provided a variance is approved to construct a new single family dwelling with 10 foot side yard setbacks on the southern. lot. He also reviewed in detail conditions which establish the presence of undue hardship and supporting circumstances for variance approval. He stated the applicant's hardship is caused by the long and narrow shape of the lots, existing mature trees, and subsequent drainage issues. He reviewed some of the issues of the Lake Area Development Plan for the Lake Marion area. Mr. Brixius recommended approval of the variance subject to the following contingencies: 1. The applicant file for an administrative subdivision that would consolidate the .lots in a manner consistent with Exhibit B of the planning report.. 2. Upon development of the new home, the existing outdoor • storage be removed. 3. The applicant satisfy any recommendations with regards to the submitted shoreland impact plan. 4. The house and all other structures shall be constructed at least three feet above the OHWL of Lake Marion (983.1 feet) . Mr. and Mrs. Erickson were present and described their plans for the property. Dick Brannas, an adjoining property owner stated he was in favor of the variance, as it would be a betterment for the community. The Commission held a discussion which included: - Subdivision of lots. - Vegetation replacement. - Structures to be removed. - Utility and drainage easement. 90.160 Motion was made by Holberg, seconded by Steigerwalt to close the public hearing. • Roll call was taken on the motion. Ayes: Unanimous. PLANNING COMMISSION MEETING MINUTES OCTOBER 18, 1990 Page 4 90.161 Motion was made by Steigerwalt, seconded by Miller to recommend approval of the application of .Jerry and Martha Erickson for a building setback variance for both side yards for property abutting Lake Marion to allow the construction of a new single family residential dwelling located at Jersey Avenue and Java Path subject to the planning report of October 9, 1990 and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. The public hearing to consider the application of Paul Anderson for a conditional. use permit and a variance to allow the installation of a satellite dish with a height in excess of 15 feet and a building setback of less than 10 feet located at 18698 Kanabec Court was opened. The City Attorney attested that all legal notices had. been duly published and mailed. Alan Brixius presented an overview of the planning report dated October 8, 1990 . He discussed in detail the. following: • - The setback variance. - Mounting requirements. - Lightening Protection. - Compatibility/Visibility. Mr. Brixius recommended. approval of the conditional use. permit and variance request contingent upon the fulfillment of the following: 1. The applicant furnish the City Building Official with building plans. displaying the means by which the satellite dish is to be partially secured to the roof of the site's principal building. The plans shall be subject to review and comment by the City Building Official. 2. The proposed satellite dish is ground to protect it against lightening strikes in conformance with the National Electrical Code as adopted by the City of Lakeville. 3. The proposed satellite be of a color similar or complementary to that of the adjacent structure's roof. Mr. Anderson was unable to be present at the meeting. • Paul Dodge, Mr. and Mrs. Dale Fitter and Mr. and Mrs. Jon Alhberg of Kanabec Trail expressed their opposition to the requested conditional use permit and variance. They listed the following concerns: • PLANNING COMMISSION MEETING MINUTES OCTOBER 18, 1990 Page 5 - Compatibility to the area. - Visibility to homes on Orchard Trail. - Visibility to their homes on Kanabec Trail. - Great Oak Shores covenant which prohibits satellite dishes. - Depreciation of area property value. - Safety against lightening. - Accessibility of cable television within one year. - Lack of information from the applicant (does not warrant hardship). - Criteria for conditional use permit and variance not met. - Concern over check used by Mr. Anderson for payment of application. (Jomax Distributing Company, Inc. rather than his personal check). Mr. Brixius further discussed the location of the satellite dish and the visibility to the neighbors. He stated that if the applicant complies with the standards of the City Code, the City cannot deny the installation of a satellite dish. Roger Knutson explained that it is not within the City's jurisdiction to enforce the neighborhood covenant. He • stated that would be a matter for the residents to .take up in district court. The Commission discussed the following: - Size and color of the satellite dish. - Visibility to surrounding area. - Safety features (against lightening). - Structural support. - Screening. - Depreciation of property value. The Commission stated they would like further information on all of the above listed items plus pictures of the proposed satellite dish and an exact date of when cable television will be available in that area. Roger Knutson stated it is very difficult to make a determination on property depreciation in a case such as this. Mr. Ahlberg stated he.would like to submit to Mr. Brixius a list of questions to be complied by the area residents that would be answered by Mr. Anderson. 90.162 Motion was made by Miller, seconded by Steigerwalt to continue the public hearing to provide the applicant the opportunity to respond to the questions/issues raised at tonight's meeting. Roll call was taken on the motion. Ayes: Unanimous. • PLANNING COMMISSION MEETING MINUTES OCTOBER 18, 1990 Page 6 The public hearing to consider the application of J.L. Shiely Company for a conditional use permit to allow the expansion of an existing gravel mine on land located on the west side of I-35 at County Road 66 was opened. The City Attorney attested that all legal notices had been duly published and mailed. Alan Brixius presented an overview of the planning report dated October 12, 1990. He reviewed in detail the following: - Land use compatibility. 1. Dunham farm. 2. Adjoining properties to the west, south, north, and east. - Perimeter buffering plan. - Traffic. - Noise. - Natural environment of the area. - Setbacks. - Screening. - Site clean up. Grading Reclamation process. - Post mining development. Mr. Brixius stated. the City must determine whether the expansion of the gravel mine is consistent with the existing land use and future development objectives for this .area of the City. If approval is recommended, he suggested the conditional use permit include the following conditions: 1. The Post Mining Development Plan show the alternative access routes into the site and demonstrate that finished grades can accommodate the alternative street access points. 2. The Perimeter Buffering Plan be extended to include berming and landscaping along County Road 64 east. of the Dunham farm. 3. Land reclamation efforts along the gravel mine's east property line will include extensive landscape plantings to provide an aesthetic distraction from the balance of the gravel mining operation. 4. The gravel mine's truck traffic follow the travel routes identified in the haul routes map to .avoid traffic conflicts in the Lakeville Commercial Center or nearby residential areas. PLANNING COMMISSION MEETING MINUTES OCTOBER 18, 1990 Page 7 5. The gravel operation must maintain noise levels in compliance with State standards at the site's boundaries. Any noise complaints resulting from the gravel mine expansion may result in the City limiting operational hours. 6. Compliance with the Dakota County Soil and Water Conservation District recommendations. 7. The Post Mining Topography Plan be revised to reduce the finished depth of the gravel mine by 10 plus feet. 8. All finished grading shall not exceed a 3 to 1 slope. 9. A detailed reclamation plan be submitted with the following information: a. Grading and replacement of top soil. b. Erosion control measures. c. Slope stabilization measures. d. Landscaping elements. e. Landscaping maintenance. • 10. To ensure accurate monitoring and enforcement of the Lakeville Gravel Mine Ordinance, the following items must be attached to the conditional use permit: a. The Perimeter Buffering Plan. b. The Mining and Reclamation Staging Plan. c. Detailed Reclamation Process. d. Revised Post Mining Topography Plan. e. Post Mining Development Concepts. 11. The Shiely gravel mine shall be subject to annual gravel permits and inspection. Bob Bieraugel was present representing J.L. Shiely Company. He reviewed the following: - Storage and recycling of abandoned machinery and material. - Noise. - Surface water runoff. - Reclamation plan. - topography. - Future development. • A letter addressed to Mayor Zaun from Mr. Mike Dunhan, adjoining property owner, was distributed listing several questions. Mr. Bieraugel addressed each question. Mr. • PLANNING COMMISSION MEETING MINUTES OCTOBER 18, 1990 Page 8 .Dunham also questioned the 50 foot setback from his property. Mr. Brixus responded. Mr. Dunham stated. he had no problem with the plans of J.L. Shiely Company. Mr. Robert Clark, adjoining property owner, expressed his opposition. to the conditional use permit stating he felt the project would ruin his property. Robert Erickson, City Administrator arrived. at the meeting. The Commission held a discussion which included: - Upgrading of County Road 64 (additional right of way). - Excavation process. - Elevation. - Berming along easement (Frontage Road). - Longevity of mine. - Truck trips per day. - Slopes along County Road 64. - NRC recommendation. - Consistency with Comprehensive Plan. - Access to the subject property. • _ Future mining to the west. Drainage. - Reclamation plan. - Topography. - NSP easement along the frontage road. Mr. Robert Clark stated he was in disagreement with many of the facts presented by Mr. Bieraugel. He stated the Commission should consider the tax base and the fact that County Road 64 could become a four lane road. The Commission directed staff to contact Dakota County Highway Department to discuss their plans for County Road 64. Robert Erickson stated the Natural Resources Committee had recommended approval of the conditional use permit with an elevation 10 feet above what is shown on the plans. Whitehouse stated he would like to see the plans updated before a recommendation is made. 90.163 Motion was made by Miller, seconded by Whitehouse to continue the public hearing to consider the application of J.L. Shiely Company for a conditional use permit to allow the expansion of an existing gravel mine on land located on . the west side of I-35 at County Road 64. Roll call was taken on the motion. Ayes: Unanimous. .L ~ ' • PLANNING COMMISSION MEETING MINUTES OCTOBER 18, 1990 Page 9 Alan Brixius reviewed the request of Independent School District 194 for the extension of Conditional Use Permit No. 90-05 from April 16, 1993 to August 16, 1993. He stated the three year expiration schedule will terminate the conditional use permit within a school year and the school district prefers the school year not be interrupted. A brief discussion was held. 90.164 Motion was made by Miller, seconded by Holberg to recommend approval of the extension of Conditional use Permit No. 90-05 for ISD 194 from April 16, 1993 to August 16, 1993.. Roll call was taken on the motion. Ayes: Unanimous. Under unfinished business, Robert Erickson presented an update on the new elementary school proposed to be located at 175th Street West and Highview Avenue including the possible extension of 175th Street. He also discussed the Judicial Road project.. Commission members asked about 168th Street. He stated he would invite .Keith Nelson, City .Engineer to the next meeting to explain this .project. He further stated that Steve Michaud,,Parks°and-Recreation • Director would be-attending a Planning Commission meeting in the near future to present the Parks and Open Space System Plan. 90.165. Motion was made by Holberg, seconded by Steigerwalt to adjourn the meeting. Voice vote was taken on the motion. Time: 11:00 p.m. Respectfully submitted: Mira Holliday, R cording Se etary ATTEST: ,1,~,> Jana ittingham, Chairperson