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HomeMy WebLinkAbout08-07-86 t Lakeville, Minnesota PLANNING COMMISSION MEETING MINUTES August 7, 1986 7:00 p.m. Dennis Miller, Chairman, called the meeting to order at 7:00 p.m. in the Lakeville City Council Chambers. Roll call of members was taken. Present: Klamm, Miller, Sizer, Walters, Whittingham. Absent: Langhorst, MacGibbon Also present: Roger Knutson, City Attorney; David Licht, City Planner; Jim Robinette, Community Development Director; Shirley Sorensen, Recording Secretary.. Chairman Miller called for additions or corrections to the minutes of the July 3, 1986 planning commission meeting. Sizer wanted a sentence added at the top of page 4, as follows:- 'Sizer made the comment that Mr. Block sounded like a broken record, that he had nothing new to add to what he had told us bef ore.' 86.92 Motion was made by Walters, seconded by Sizer to approve the minutes of the July 3, 1986 planning commission meeting, as amended. . Roll call was taken on the motion. Ayes: Unanimous Chairman Miller opened the public hearing to consider the application of Earl Gephart for a resubdivision and a variance for a lot of less than ten acres without sewer and water, at 21171 Dodd Boulevard. Mr. Knutson stated that the proper mailed and published notices have been given for this hearing. Mr. Licht went over the planner's report of July 31st and stated that he felt this was a positive move, to get this layout of lots straightened out. He said there needs to be a public street into this area (where homes have already been built), vacation of the 50' roadway easement, provision of drainage and utility easement along the lot line and .the applicant should address the illegal lot splits along County Road 70, along with this current request. None of these lots conform to the ten acre minimum requirement in an unsewered area, with only two of the lots being split prior to November, 1977 and .considered legal non-conf orming lots. Mr. Bill Macklin represented the applicant and stated that it is true that these lots are not in conf ormance, but were recorded at the County, however the County probably wasn't as caref ul as they should have been at the time it was .done. Also, the City had issued building permits for these two homes, on Parcels Three and Four. In the 90' x 604' strip of land Mr. Richard Gephart has a tennis court and that is the reason for asking that this be attached to the parcel he lives on. Part of that strip could be PLANNING COMMISSION MINUTES August 7, 1986 attached to Parcel Four. Mr. Brad Johnson pref erred not to combine his two parcels because there may come a time when sewer and water is brought for major development and he could subdivide at that time. Mr. Macklin went on to say they have proposed an easement along the property .for public street to be dedicated to the City. It would be put in as a rural section of road, with no curb or gutter. He said they are willing to pay their assessed amount for this street, along the south side, but wondered if the street had to run all the way through Parcel Five, as Mr. Johnson has access on 210th Street. Mr. Macklin said that now we need to resolve this problem that was created years ago. Discussion followed on: 1. Location of the tennis courts 2. Sewer and water availability 3. Size of parcels 4. Dedicated right of way 5. Construction of road along the end of Parcel Five 6. Combining of strip of land to which parcels . Commission member Sizer then asked Mr. Gephart to come up to the table and give a chronological progression of how the current situation came to be. Mr. Gephart gave an accounting of the process, stating that he was testing the City to see how far he could get, knowing that it was an illegal split. He came in for a building permit with a sketch plan labeled 10 acres and knew that it was less than 10. Sizer went on to say that Mr. Gephart has shown willful violation of City ordinances and appears liable for criminal prosecution and that if he was testing the City he flunked the test. Mr. Klamm stated that we can't send anyone to jail because of this mess, that when a finger is pointed, that three are pointed back at you and we are obligated to work with Mr. Gephart. Sizer wanted the record to reflect that he takes exception to Mr. Klamm's comments. He pointed out to Mr. Klamm that violations of a City ordinance are misdemeanor offenses, subject to 90 days in jail and/or $700.00 fine, irrespective of any civil action. He said it is our job as Planning Commission members, acting in an advisory capacity to the City Council, to determine to the best of our ability the sequence of events leading to a particular situation and that it is these proceedings which form the basis of City Council action. There is the possibility of civil lawsuits and that the decisions we reach have far reaching implications on future actions that the City takes. He went on to say that we are in danger of setting a precedent so we need to be precise. 2 PLANNING COMMISSION MINUTES . August 7, 1986 Mr. Klamm objected to Mr. Sizer taking such a legalistic attitude and stated that we have to live together, work together and need to solve this problem. Mr. Don Vongunden, 21175 Dodd Blvd., who lives on Parcel Four wants to know just where they stand on this. He asked where the proposed road would be and if the abutting property owners would have to pay for it, even though they don't need a new road. Mr. Dean Scott, 21171 Dodd Blvd., stated that prior to buying their house (Parcel Three) he called city hall and was told that this 6 acres was OK. Mr. Scott knew the requirement was 10 acres in an unsewered area. He wants to know now if they are going to be liable for paying for this proposed road, even though they checked into this being a problem prior to purchasing the property. Mr. Knutson stated that apparently whoever answered this question was unaware this was just a six acre parcel, or felt that it was grandf athered in . Mr. Robinette said that he didn't feel this would happen in the future, as the county now requires City approval bef ore recording parcels being split. That was not the case when Mr. Gephart split his property. • Mr. Licht stated we have to specif ically address the need for a variance. Mr. Macklin explained that they are asking for a variance because something was done years ago that needs to be corrected. There is no way the City can undo what the County has already done. Mr. Brad Johnson explained the reason for buying the extra parcel and that the road does now go up to it. He pref ers not having a road across the end of this extra parcel. Mr. Vongunden asked what the situation would be if they were to put their home on the market today. (This is what they had planned.) Mr. Knutson said that someone might find a problem and they might have a problem selling it. Mr. Vongunden surmised that he would have to make a prospective home buyer aware of this problem. Sizer doesn't feel comfortable making a recommendation with what they have in front of them now. He feels that perhaps we should table the issue and staff can come up with a proposal that we can feel comfortable with and at that time make a decision. Mr. Knutson said his frustration is that he is concerned about granting variances to straighten out a mess that was deliberately created. Miller said he would like to see where the houses are located on these • parcels, the property lines, tennis court locations, etc. for a better grasp bef ore making a decision. 3 PLANNING COMMISSION MINUTES • August 7, 1986 Mr. Bob Peterson, 17496 Kodiak, asked if there weren't several pieces of property around .Lakeville that are less than 10 acres and not sewered. Would we try to bring everything up to code, those things that have 'f allen through the cracks'? Sizer said. this was a deliberate act and in this case we have some innocent parties involved. Klamm indicates that he has trouble penalizing the innocent parties. 86.93 Motion was made by Sizer, seconded by Whittingham, to table this public hearing pending the applicant meeting with city staff, Mr. Knutson, etc. to work out a proposal to bring back to the next planning commission meeting. Roll call was taken on the motion. Ayes: Unanimous 8:08 p.m. Chairman Miller opened the public hearing to consider the application of the City of Lakeville for rezoning of Lots 8, 9, 10, 11, and 12, Block 3 Lake Villa Golf Estates from B-4, General Business, to R-1, Low Density Single Family, in the vicinity of 177th Street and Keokuk Avenue. Mr. Knutson stated that the proper mailed and published notices have been given for this hearing. Mr. Licht said this property was zoned B-4 and in the platting process the zoning was changed but when the zoning map was updated in 1981 the section line was followed instead of the lot lines. Theref ore this is just correc- tive action. Mr. Keith Behnke, 17801 Keokuk, doesn't see any reason to object to this going back to R-1. 86.94 Motion was made by Sizer, seconded by Walters, to close the public hearing. Ro11 call was taken on the motion. Ayes: Unanimous 86.95 Motion was made by Sizer, seconded by Whittingham, to recommend to city council approval of the application of the City of Lakeville for rezoning of Lots 8, 9, 10, 11, and 12, Block 3 Lake Villa Golf Estates from B-4, General Business, to R-l, Low Density Single Family, in the vicinity of 177th Street and Keokuk Avenue. Roll call was taken on the motion. Ayes: Unanimous 4 PLANNING COMMISSION MINUTES August 7, 1986 Chairman Miller opened the public hearing to consider the application of Warren J. Israelson for preliminary and final plat of a residential subdivi- sion known as Creek View First Addition, located west of Cedar Avenue and 170th Street, and a comprehensive plan change to include the area in the 1990 Urban Service Area. Mr. Knutson stated that the proper mailed and published notices have been given for this hearing. Mr. Licht went over his report dated July 31, 1986 which asked the applicant to revise the grading and drainage plan for the inclusion of the increased flood plain level and Mr. Israelson said they would incorporate the f loodway as per the engineer's recommendation. Mr. Israelson said also that Mr. Dick Keller, owner of the property, has agreed to the holding pond to the north of the plat. The planner's report also recommended extending the trailway to connect with 170th Street because of poor soil conditions and Mr. Robinette explained where the trailway will go and how it relates to this Creek View plat. 86..96 Motion was made by Walters, seconded by Klamm, to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous 86.97 Motion was made by Whittingham, seconded by, Sizer, to recommend to city council approval of the application of Warren J. Israelson for preliminary and final plat of a residential subdivision known as Creek View First Addition, located west of Cedar Avenue and 170th Street, and a comprehensive. plan change to include the area in the 1990 Urban Service Area, subject to the planner's report dated July 31, 1986, engineer's report dated August 1, 1986 and any other staff recommendations. Roll call was taken on the motion. Ayes: Unanimous Chairman Miller called for the review and recommendation of final develop- meet stage plans and planned unit development for Bracketts Townhomes and recommend approval of minor comprehensive plan change for inclusion of land in the 1990 Urban Service Area. Mr. John Ruggieri represented the applicant and updated the commission as to the changes made from what we saw bef ore. There will be no access on to 175th Street, the three lots on 175th Street are now all at least 20,000 square feet, and the density has changed from 92 to 86 units in Phase I. He went on to explain the phasing, how many units in each, right-of -ways, accesses, drainage and that they are proceeding with development stage plans even though the EAW is incomplete. They are working toward meeting the requirements as stated in the planner's report of August 4, 1986. 5 PLANNING COMMISSION MINUTES . August 7, 1986 Mr. Licht feels just about everything was addressed, except the drainage and utility easements along lot lines and the landscape plan, which needs some suggestions. The comprehensive plan change, EAW and development plan are being finalized. Some of the site will be rezoned to R-5, but the balance will remain R-1. Mr. Keith Behnke asked where the access would be in to Lake Villa. No one spoke in opposition to the plat. 86.98 Motion was made by Sizer, seconded by Whittingham, to recommend to City Council approval of the final development stage plans and planned unit development for Bracketts Townhomes and recommend approval of a minor comprehensive plan change for inclusion of land in the 1990 Urban Service Area, subject to the planner's report recommendations dated August 4, 1986 and any other staff recommendations. Roll call was taken on the motion. Ayes: Unanimous Under other business Whittingham asked if staff was looking into an ordi- nance for skateboarding, as they had requested a while back, and Roger said he is draf ting this ordinance right now. Whittingham asked what can be done to get grass (weeds) mowed on the lot where the model home is on Jacquard Avenue. Mr. Robinette explained that the staff is in the process of formulating a weed ordinance or grass control ordinance that would be bef ore the commission when finished. 86.99 Motion was made by Sizer, seconded by Whittingham, to adjourn the meeting. Voice vote was taken on the motion. Chairman Miller adjourned the meeting at 9:00 p.m. Respectf ully submitted, r teven C. Sizer, S r ary ATTEST: Dennis Miller, Chairman 6