HomeMy WebLinkAbout05-20-10CITY OF LAKEVILLE
Planning Commission Meeting Minutes
MAY 20, 2010
The May 20, 2010 Planning Commission meeting was called to order by Vice Chair
Lillehei in the City Hall Council Chambers at 6:02 p.m.
Flag pledge and roll call of members:
Present: Vice Chair Lillehei
Secretary Adler
Commissioner Drotning
Commissioner Glad
Commissioner Grenz
Commissioner Maguire
Ex- officio Bussler
Absent Chair Davis
Staff Present Daryl Morey, Planning Director; Frank Dempsey, Associate Planner;
and Penny Brevig, Recording Secretary.
ITEM 3. APPROVAL OF MEETING MINUTES:
The May 6, 2010 Planning Commission meeting minutes were approved as
presented.
ITEM 4. ANNOUNCEMENTS:
Mr. Morey stated that the following items were distributed to the Planning
Commission at tonight's meeting:
A. Copy of the corrected wording for the stipulations listed on page 6 of the
May 13th planning report for Agenda Item 5, the Roger Gilb Conditional
Use Permit amendment.
ITEM 5. ROGER GILB
Vice Chair Lillehei opened the public hearing to consider the application of Roger
Gilb for a Conditional Use Permit Amendment to change the approved conditional
use permit from major auto repair to minor auto repair for Hometown Auto
Service, located at 20315 Iberia Avenue. The Recording Secretary attested that the
legal notice had been duly published in accordance with State Statutes and City
Code.
Roger Gilb presented an overview of his request.
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May 20, 2010
Page 2
Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey
stated that Planning Department staff recommends approval of the Hometown
Auto Repair Conditional Use Permit amendment subject to the three stipulations
listed in the May 13, 2010 planning report, with the amended wording distributed
at the beginning of the meeting, and adoption of the Findings of Fact dated May 20,
2010.
Vice Chair Lillehei opened the hearing to the public for comment.
There were no comments from the audience.
10.24 Motion was made and seconded to close the public hearing at 6:12 p.m.
Ayes: Glad, Maguire, Lillehei, Adler, Grenz, Drotning.
Nays: 0
Vice Chair Lillehei asked for comments from the Planning Commission. Discussion
points were:
• Commissioner Drotning sought clarification that a major auto repair use on
this property would not meet the minimum 25% green space requirement if
this CUP amendment and corresponding administrative subdivision are
approved. Mr. Morey explained that if, in the future, the operation would
propose to change to major auto repair, the 25% green space would not be able
to be met and the owner would have to seek a variance. He indicated that the
request would likely not meet the hardship criteria for a variance.
• Commissioner Drotning commented that major and minor auto repair are not
well defined in the Zoning Ordinance. He asked what would happen if the
definitions changed and the use was considered major auto repair. Mr. Morey
stated that if in the future the definitions of major and minor auto repair are
amended to more specifically list the services allowed for each, and this
particular property were to then fall under major auto repair, it would be
grandfathered and would become a non - conforming use that would not be
able to expand in the future. Mr. Morey indicated that the impact of the use
on the surrounding properties should be considered. Under this scenario the
use of the property is not changing, the definition of the use is changing. As
such, the surrounding properties would not be negatively impacted.
• Commissioner Drotning questioned what would happen if the property owner
requested an amendment to his conditional use permit in the future in terms
of bringing existing non - conformities into conformance with the Zoning
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May 20, 2010
Page 3
Ordinance requirements in place at that time. Mr. Morey stated that the
Zoning Ordinance does require the City to review any non - conformities at the
time a planning application is submitted, but in this case the ability to meet the
25% green space would be impossible to achieve unless additional property
was acquired, and as long as there would not be a negative impact on the
surrounding properties the green space requirement would likely remain non-
conforming.
• Confirmed that given the proposed administrative subdivision of the
property, the property owner would not be able to change the use to major
auto repair.
• Asked if the property subdivision could be reversed. Mr. Morey indicated
that yes, if the parcel to be created by the administrative subdivision remained
vacant, the lots could be combined again in the future.
10.25 Motion was made and seconded to recommend to City Council approval of the
Roger Gilb Conditional Use Permit amendment subject to the following
stipulations, as amended, and adoption of the Findings of Fact dated May 20, 2010:
1. Auto repair activity on the property shall be restricted to minor auto repair
only as defined by the Zoning Ordinance and shall meet all Zoning
Ordinance requirements.
2. Any building expansion, new structures, or operational changes that may
include major auto repair, as defined by the Zoning Ordinance, will require
an amendment to the conditional use permit.
3. The fence along the south property line shall be repaired and straightened no
later than July 30, 2010.
Ayes: Maguire, Lillehei, Adler, Grenz, Glad.
Nays: 0
Abstained: Drotning. Commissioner Drotning felt he should abstain due to the
fact that he owns an auto repair business in the City of Lakeville.
There being no further business, the meeting was adjourned at 6:24 p.m.
Respectfully submitted,
Penny Bre 'g, Recording S etary Dated (7
Planning Commission Meeting
May 20, 2010
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ATTEST:
Brooks Lillehei, Vice Chair Dated 6