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HomeMy WebLinkAbout08-01-85 4 Lakeville, Minnesota PLANNING COMMISSION MEETING MINUTES August 1, 1985 7:.00 p.m. Steve Sizer, Chairman, called the meeting to order at 7:00 p.m. in the Lakeville City Council Chambers. Roll call of members was taken. Present: Langhorst, Miller, Sizer, Whittingham. Absent: Cammack, MacGibbon, Walters. Also present: Alan Brixius, City Planner; Tom Grundhoefer, City Attor- ney; Shirley Sorensen,: Recording. Secretary. ' Chairman Sizer called for additions or corrections to the minutes of the July 18, 1985 planning commission meeting. 85.127 Motion -was made by Whittingham, seconded by Langhorst, to approve the minutes of the July 18, 1985 planning commission meeting. Roll .call was taken on the motion. Ayes: Whittingham, Sizer, Langhorst. Abstain: Miller Chairman Sizer opened the public hearing to consider the application of Mary Jean Cavett for a special home occupation permit to operate in-home therapeutic massage at 20735 Hollins Avenue. Mr. Grundhoefer stated that the proper mailed and published notices have been given for this hearing. Mr. Brixius went over the planner's report of July 15th and stated they recommended approval of this request for a special home occupation permit. Ms. Cavett had not arrived yet, so Chairman Sizer suggested we continue this hearing until she was in attendance. 85.128 Motion was. made by Langhorst, seconded by Miller, to continue this hearing until Ms. Cavett arrived. Roll call was taken on the motion. Ayes: Unanimous Chairman Sizer opened the public hearing to consider the application of Gerald D. Bedeaux for a conditional use permit for a structure at 17299 Flagstaff Avenue, in excess of 1,100 square feet and in excess of 15 .feet high.. Mr. Grundhoefer stated that the proper mailed and .published notices have been given for this hearing. Mr. Brixius reviewed his report dated July 29, 1985 and stated that there already exists a non-conformance at this address so could not make a positive recommendation on this application. It was noted the legal notice was incorrect, the square footage should have been 1,100 square. feet and not 11,000. • Planning. Commission Minutes August. 1, 1.985 • Ms Irene Scherer, 17106 Forbes Court, stated that this is all R-2 zoning and a letter was written to Mr. McGarvey, from John Rappaport, definitely opposing this building., as there .has already been some problem .with the bikes in the. area. She said the whole area is affected by_ these bikes and that cement blocks have already .been. delivered there, for whatever - reason. She would like to go on record as being opposed to this building and any further activity in this area. Mr. Terry Johnson, 17110 Forbes Court, is also opposed to this large building being putin a residential area. Mr. Mike Tackaberry, 17104 Forbes Court,. is also opposed to this building in a residential area. He feels it would not be conducive to this area. The letter from'Mr. Rappaport and a petition objecting to this type of building in a zoned'single family residential district signed by 23, residents was received at this time. Mr. Tim Ceiling, 17128 Florida Court,..said"if they are currently in .violation with the one building they already have, then that building .should be large enough for storage of the vehicles they are proposing to store in a new building. Mr. Bedeaux stated he .was putting up thin building to keep a bus in, as he couldn't get it in his other building. Mr. Bedeaux .was asked if the bikes that are being ridden in the area. are .from his place and he said 'no'. Ms. Scherer. .said she had talked to some of the kids who were riding around and theywere aware it was Mr. Bedeaux's land. She also asked just where the building would be placed, in relation to Dodd Park, and.. was shown. the site plan. Mr. Tackaberry asked about the laws governing these vehicles in Lake- ville. He was .told there are State laws as well as local laws. 85.129 Motion was made by Miller, seconded by Langhorst, to close the public. .hearing.. Roll call was taken on the motion. Ayes: Unanimous .Commission members feel that this is just too large a building to be in a residential area, particularly when there _is already a building on this property larger. than is permitted by our ordinances. 85.130 Motion was made by, Sizer, 'seconded. by Miller, to recommend to city. council denial of this request of Gerald D. Bedeaux for a conditional use permit to builda structure at .17299 Flagstaff Avenue. in excess of 1,100 square feet and in excess. of 15 feet high, based upon ..the planner's report dated July 29, 1985 and the fact they do not want to expand an already existing non-conformance on this property. 2 Planning Commission Minutes August 1, 1985 Roll 'call was taken on the motion.` Ayes: Unanimous At this time Chairman Sizer reopened the public hearing for Mary `Cavett. Mr. John Lewis, 20740 Hollins,.lives directly across the street from Ms. Cavett and is opposed to .any kind of a business being run in a residen- tial area. He feels she might expand once she gets going. Chairman Sizer .stated that that can be handled within the permit, if issued. Sister Rosalind Gefre, St. Paul, has spent the last 13 years in this type of massage and says there is a, lot of healing from massage .and it saves. people time and money to have someone local doing this type of work. She went on to say this is a very healing work and cannot see why; there would be opposition to there being one or two additional cars in a residential area. Ms. Cavett stated that at such time as the business would grow she would be glad to move to a commercial area. Ms. Jean. Peterson,. 3160 Sibley Hwy, Eagan, who is handicapped, stated .that she has called Ms. Cavett to come to. her home im Eagan to. give her a treatment. She is very much in favor of this type of treatment. • Mrs: John Lewis, 20740 Hollins, feel that maybe when one person is issued a permit then there will be many others on the block who will do the same, and they don`t want that. Mr. Brixius explained that is what our ordinances do, and, ultimately, the council does, is protect the property owners from a detrimental situation in the neighborhood. He went on to explain that the outside appearance of the building would not be changed by this .type of business and it meets all the conditions of the Lakeville ordinances.. Mr. Louis Helkenn, 10634. 173rd. :Street, said. his wife owns property at 20755 Hollins and they have nothing against these businesses as long as they are in a business area, but just doesn't know what will happen later on, and then what can be done? He also feels it is a maintenance problem in the winter, with more cars, etc. Mr. Nick Reindl, 20710 Hollins, stated there are at least 10 children. in that block and. feels there will be a traffic problem, patrons in .the area not aware of so many children. Sister RoseAnn, St. Paul, said. she can appreciate the anxiety of these people, but there can be just one car at a time, since there is just .one. therapist. She feels there. is undo. worry about the traffic problem.. Mr. Dick.Zwart, 20730 Hollins, is opposed to issuing a permit because of what has already been'said (namely the traffic) and wants to keep the integrity of the. neighborhood kept as it is. 3 c.- .Planning Commission Minutes August 1, 1985 Mr. Rolland Geibe, 20725 Hollins, is for Marys business and states that the traffic problem. probably comes from his boys, who .are all. owners of cars. He does not feel Ms. Cavett's business would have an adverse affect on the neighborhood at all. Commission member Miller stated that ,he feels that in our 'good of United States of America many. of our largest corporations started out as a small business in someone's home, therefore, we .are in no position to..say 'no' to an applicant that meets .all of the City of Lakeville ordinance requirements. Commission member Whittingham, stated that as a member of the medical profession she feels there.. is definitely a .need for this type. of thera- peutic massage., It is something not handled by regular doctors, etc. Commission members unanimously felt that many businesses that are large today started small in someone's home. 85.131 Motion was made by Langhorst, seconded by Whittingham, to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous 85.132 Motion was made by Miller, seconded by Whittingham, to recommend to city • council approval of the application of. Mary Jean Cavett for a special home occupation permit to operate in-home therapeutic massage 'at 20735 Hollins Avenue, subject to planner's report dated July 15, 1985 and any other staff. recommendations. Roll call was taken on the motion. Ayes: Unanimous. Chairman Sizer opened the public hearing for an amendment to :Zoning Ordinance No. 167, Section.-11..12.3, to allow commercial/industrial lots platted prior to November 7, 1977, of less than lU acres, by conditional use permit. Mr. Grundhoefer stated that the proper mailed 'and published notices have been given for this hearing.. Mr. Brixiuswent over the .planner's report of .July 30, 1985. 85.133 Motion was made by Langhorst, seconded by Miller, to close the public hearing. Roll call was taken on the motion. Ayes: .Unanimous 85.134 Motion was made by Langhorst, seconded by Miller, to recommend to city council approval of the amendment to Zoning Ordinance No. 167, Section 11.12.3, to allow commercial/industrial lots platted prior to November 7, 1977,'of less thanlU acres, by`conditional use permit. • Roll call was taken on the motion.. Ayes: Unanimous 4 Planning Commission Minutes August 1, 1985 Chairman Sizer called. for the review of concept plan for mini-storage buildings at 165th Street and I-35 for Charles H. McCarty.. Mr. Brixius explained the planner's report of July 29, 1985, the need for a conditional use permit/planned unit development in the Interstate Corridor District because of more than-one principal -structure. on the lot, need for landscaping. for .compatibility in residential` area, neces- sity for re-subdivision,. .street dedication, and :lack of-sewer .and water necessitating. the need for a variance. Mr. .Brixius also said this type facility is a low traffic, low nuisance development, but a needed accessory in urban. areas.. Mr. McCarty said they originally wanted these buildings put on the front part of the property .but ,the City of Lakeville didn't want that so the engineers- got together and redesigned it for the back part. It is back off the service road, a .quiet. spot, with real nice buildings planned. They will be dedicating land to the city for the road and will get the fill into low .areas,. making this a very good use of the property. Mr. Brixius .explained that this .area is probably. going. to be high commercial and that' this is an attractive amenity in this type area.. Also, a high density area needs this type of storage buildings., Planning commission members are all in favor of the concept plan for mini-storage buildings at 165th Street and I-35 for Charles McCarty. There was. no other business and future agenda items were discussed. 85.135 Motion was made by Miller to adjourn the meeting. Voice vote was taken on the motion. Chairman Sizer adjourned the meeting.. at 8:3U p.m. Respectfully submitted, ~j Dennis Miller, Secretary ATTEST:' Steven G. Size Chairman 5