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HomeMy WebLinkAbout06-04-87 ' Lakeville, Minnesota PLANNING COMMISSION MEETING MINUTES June 4, 1987 Dennis Miller, Chairman, called the meeting to order at 7:00 p.m. in the Lakeville City Council Chambers. Rohl call of members was taken. Present: Walters, Sizer, Miller, MacGibbon, Langhorst, Whitehouse. Absent:. Whittingham. Also in attendance were Alan Brixius, City Planner, Roger Knutson, City Attorney. 87.111 Motion was made by Sizer, seconded by Walters, to approve the minutes of the May 21, 1987 Planning Commission Meeting. Roll call was taken on the motion. Ayes: unanimous. Consideration of the final plats of Rolling Oaks 7th and 8th Additions. Alan Brixius indicated that action on these final plats was not taken at the last Planning Commission meeting due to concern with regard to a telephone easement passing through-Lots 5 and 16 of Block 1 and Lot 2 of Block 5. Contact was made with the developer and the de- veloper provided a grading plan showing housing pad loca- tions for these lots. .Review of the newly submitted plan still presented some development concern over Lot 16 of Block 1. Mr. Mark Parroanto of Delta Development Corporation indi- Gated that the housing unit in Rolling Oaks 7 & 8 Addition would be similar to those in Rolling Oaks 2nd Addition. These housing units can be located on the Lots in question without encroaching into the utility easement. Mr. Sizer noted that the building official site review would insure that the utility easement would not be encroached upon. Alan Brixius indicated that Planner's report is sent to the Building Official to highlight these lots. Mr. Miller questioned the area of the smaller lots to accommodate accessory out buildings. Mr. Parroanto indi- cated that the lot had sufficient area to accommodate acces- sory buildings. Mr. Whitehouse suggested that the development contract identify the lots containing the easement to ensure no development en- croaches onto the utility easement. 87.112 Motion was made by MacGibbon, seconded. by Langhorst, to re- commend approval of the final plats of Rolling Oaks 7th and 8th Additions. Subject to the recommendation of the Planner's report 1A dated :May 18, 1987 and subject to the developer's agreemen t containing a provision that prohibits any development from en- crouching into. the utility-easements on `Lots 4, 5, 15, and. 16 of Block 1, and Lots 1, and 2 of Block 5. Roll ca71 was taken on the motion. Ayes: unanimous. Public hearing for an ordinance amending Ordinance No. l67 and the City Code concerning dog kennels. The City Attorney attested that aii legal notices had been duly published and mailed. Mr. Knutson indicated that the current ordinance addresses commercial kennel facilities, however, private dog ownership of four or more dogs is unregulated. The Police Chief drafted the: proposed ordinance to address the private dog .ownership. Mr. Whitehouse noted that the proposed ordinance addressed four or more dogs..- This was inconsistent with the zoning ordinance that defined dog kennels as three or more dogs. Mr. Whitehouse suggested that the zoning ordinance and City Code be made consistent, and that the standard be three or more dogs. 87.113 Motion was made by Sizer seconded by MacGibbon to close the public hearing. Roll call .was taken on the motion. Ayes: unanimous. 87.114 Motion was made by MacGibbon seconded by Sizer, to recommend. approval of the proposed ordinance amending ordinance 167 and the City Code regarding dog kennels with .the ordinance defining dog kennels as three or more dogs. , Roll call was taken on the motion. Ayes: unanimous. Public hearing for the vacation of Ionia Avenue, Illinois Ave. and 162nd St. from 165th St. to 160th St. by the City of Lakeville.. The City Attorney attested that a71 legal notices had been published and mailed. Mr. Brixius staffed that there had been a mix up at the staff. level and no staff report had been prepared. He recommended. that the hearing be continued to allow the staff to prepare in- formation for the Planning Commission's review. Motion by Sizer, seconded by Langhorst to continue the public hearing. Roll call was taken on the motion. Ayes: unanimous. Public hearing for Consumer's Realty vacating easements for Lot 1, Block l and Outlot B for Woodridge Estates Third Addition. City Attorney attested that all legal notices had been published and mailed. Roger Knutson informed the Planning Commission that the ap- p7icant had consolidated a lot and outlot administratively .and now was requesting that .the utility and drainage easement required along the shared lot line between the lot and outlot be vacated as the lot line has been eliminated with lot consolidation. Mr. Whitehouse referenced the May 5th. minutes of the Natural Resources Committee that recommended-.that .no further approvals occur in the Woodridge plats until all other plats be brought up to environmental standards. Ms. MacGibbon stated that Natural .Resource recommendation was not applicable to the easement vacation. Mr. Dale Lappi the property woner, also .questioned the appli- cation of the Natural Resources Committee recommendation, indicating that without the vacation of .the easement his construction would be delayed. 87.115 Motion was made by MacGibbon, seconded by Sizer, to close the public. hearing. 87.116 Motion was made by Sizer, seconded by Walters to recommend • approval of the application for vacating easements for Lot 1, Block l and outlot B for Woodridge Estates Third Addition. Roll call was taken on the motion.. Ayes: Unanimous. Public hearing fora variance for Robert Ruh for a garage and laundry room. The City Attorney attested that all legal notices had been published and. mailed. Mr. Brixius reviewed the Planner's report of May 29, 1987, indicating that the proposed variance request was consistent with other front yards in his area of the City. . Mr. Miller asked if the proposed setback from the existing Hollins Avenue. would be 48 feet. Mr. Ruh indicated that the 48 foot setback from the unimproved Hollins Avenue is correct. Mr. Walters asked if there was more room on the other side of the house that could accommodate the addition. Mr. Ruh res- ponded yes, but the house floor plan does not allow for a functional arrangement. 87.117 Motion was made by Langhorst> seconded by Sizer, to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. • 87.118 Motion was made by Langhorst seconded by Sizer, to recommend approval of front and side yard variances for Robert Ruh for a garage and laundry room, subject to the May 29, 1987 Planner's report and .other staff comments. Ro11 call was taken on the. motion. Ayes: Unanimous. Public hearing for a conditional use permit for Dakota Electric f~'r a substation. The City Attorney attested that all public notices were published and mailed. Mr. Brixius reviewed the Planner's report of May 28, 1987 and. indicated. that the substation was a needed facility to serve. Lakeville residential growth areas. .The site location was ' favorable from the standpoint of transmission line accessibility and compatibility with the surrounding development area due to the degree of isolation the site afforded the facility. Mr. Brixius indicated that the 28 foot rear yard should be expanded to 30 feet to comply with zoning standards. Mr. Randy Poulson indicated that meeting the setback requirement was no problem. Mr. Whitehouse suggested that lower shrubs be used near the entrance drive to allow visual policing of the area to • discourage trespassing. Mr. Miller asked about site lighting and signage. Mr. Eldon Johnson indicated that the site would comply with City Stan- dards. Mr. Whitehouse asked if any outdoor storage would take place at this site. Mr. Johnson indicated that no storage would occur on the site. 87.119 Motion was made by MacGibbon and seconded by Walters to close the public hearing. Ro71 call was taken on the motion. Ayes: Unanimous. 87.120 Motion was made by Sizer and seconded by Langhorst to recommend approval of a conditional use permit for Dakota Electric for a substation subject to the Planner's report of May 28, 1987; other comments of Staff and that lower shrubs be used along the driveway entrances to discourage trespassing. Vote was taken .on the motion. Ayes: Unanimous. Public hearing for a conditional use permit for Joseph Duffy for an accessory building..,` The City Attorney attested that all legal notices were published and mailed. • _ . • Mr. Brixius reviewed the Planner's report of June 1, 1987 outlining-that the proposed building would be setbacked more than 100 feet from the nearest residence and the architecture. appears would be .compatible with the house on the site. Mr. Miller asked for comments from the public. Mr. Duffy was not in attendance. Mr. Jim Johnson, a neighbor of Mr. Duffy's, complained that Mr. Duffy had no plan for removal of manure on site. The manure stands in piles on site: These manure piles present a nuisance with regard to odor. Mr. Johnson also noted that Mr. Duffy does not maintain his fence and~.as ~a result, horse s and riders from the Duffy site trespass onto the Johnson's property. Mr. Brixius recommended that in light of these complaints on the Duffy operation, that the Planning Commission continue the public hearing and direct staff to investigate these comph.aints further and request Mr. Duffy explain the operation deficiencies. 87.121 Motion was made by MacGibbon, seconded by Langhorst, to con- tinue the public hearing and direct City staff to investigate the Duffy stable opera ion. Vote was taken on the motion. Ayes: Unanimous.. Public. hearing for the vacations of side yard utility and drainage easements by Robert Clapp. The City Attorney attested that all public notices were published and mailed. Mr. Brixius reviewed the Planner's report of June 1, 1987 indicating the easement vacation was intended to clear the title to allow resale. That the utility encroachments were .actions of the previous owner's. Both the Planner and the City Engineer found no need for the easement and recommended the easement be vacated. Mr. Miller asked Ms. Clapp about the topography of the lan d surrounding the tennis court. Ms. Clapp indicated that the land drops off from the tennis court into a pond on the YMCA property. Ms. Clapp indicated that.. they purchased the land on a contract for deed, no survey was prepared. The previous owner misre- presented the lot. lines to them indicating that all buildings and the tennis court were within the lot lines. They ,did not find the correct lot lines until after the purchase. The Clapps secured a easement from the YMCA for the tennis court and are now requesting that the utility easement be vacated to clear the title. i.-. 87.122 Motion was made by MacGibbon, seconded by Walters to close the public hearing. Vote was taken on the motion. Ayes: Unanimous. 87..123 Motion way made by MacGibbon seconded by Sizer, to recommend approval of the vacations of side .yard utility and drainage easements for Robert Clapp subject to the staff comment. Consideration of an amendment to the Lakeville sign ordinance: Mr. Brixius explained that with the elimination of the ICD zoning district the sign ordinance was-also being revised to eliminate the reference to the ICD district. The amendment replaces the ICD reference with a new district entitled the Freeway Corridor district. While the district title has been .changed, the performance standard remained the same. 87.124 Motion was made by Langhorst, seconded by Walters, to recommend approval of the sign ordinance amendment as per the May 19, 1987 Planner's report. Vote was taken on the motion. Ayes: unanimous.. Other Business Mr. Whitehouse requested staff to investigate. the use of travel trailers as residences in the Queen .Anne P1obile Home Park. Mr. Knutson indicated that he did not think they were permitted and he would ask David Krings to investigate. Mr. Miller also requested that staff investigate the crane at the corner of 185th Street and Dodd Boulevard. Mr. Miller also wanted the building material being stored at 160th Street and Evergreen to be looked at. 87.125 Motion was made by Sizer, seconded by Whitehouse to adjourn. Voice vote was taken on the motion. Ayes: unanimous. Time. 9:00 p.m. PLANNING COMMISSION MEETING MINUTES Respectfully submitted: ames A. Robinette, Community Development Director ATTEST: - - ~ ~A-..---- ` ~ Dennis Miller, Chairman