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HomeMy WebLinkAbout08-17-89 CITY OF LAKEVILLE AGENDA PLANNING COMMISSION MEETING AUGUST 17, 1989 7:00 P.M. 1. Call. to order. 2. Roll call of members. 3. Approval of the minutes of the August 3, 1989 Planning Commission meeting. 4. Continued public hearing to consider the application of Progress Land Company, Inc. for a conditional use permit for planned unit development with R-2 zoning and preliminary plat, to be known as Meadow Brook, for single family development along with a minor comprehensive plan amendment to bring the area into the 1990 Urban Service Area. 5. Public hearing to consider the application of John & Sharon LeBlond, 7355 165th Street, for a variance to allow a fence in excess of six feet in height (Section 9.6.6 of the Zoning Ordinance). 6. Public hearing to consider the application of Trinity Evangelical Free Church, 16165 Kenwood Trail, for a conditional use permit to allow a building height in excess of 25 feet (Section 11.3 of the Zoning Ordinance). 7. Public hearing to consider the application of Grist Mill Company for a conditional use permit to allow off-site required parking (Section 12.10 of the Zoning Ordinance) at 21360 Hayes Avenue. 8. Public hearing to consider the application of the City of Lakeville for the vacation of Hirschy Lane and a portion of Linch Avenue, platted as Woodlake Drive, in the Fourth Addition to Benham Invest- ment Company's Minnesota Orchard Gardens. 9. Public hearing to consider the proposed Cedar/Dodd Land Use Study as prepared by the City of Lakeville for the area surrounding the intersection of Cedar Avenue and Dodd Boulevard. 10. Continued public hearing to consider the application of the City of Lakeville for an amendment to Ordinance No. 167, the Zoning Ordi- nance of the City of Lakeville, Section 9.15 as it relates to the location of air conditioning units in residential districts. 11. Public hearing to consider the application of the City of Lakeville for an ordinance repealing Lakeville Ordinance No. 374. 12. Other business. 13. Adjourn. CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES AUGUST 17, 1989 The meeting was called to order by Chairman Langhorst at 7:00 p.m. in the Airlake Council Chambers.. Roll call of members was taken. Present: Whitehouse, Miller, Walters, Langhorst, Whittingham, Steigerwalt. Also present was Alan Brixius, Consulting City Planner, Elliott Knesch, City Attorney, Daryl Morey, Assistant Community Development Director, Bob Erickson, City Administrator and Mira Holliday, Recording Secretary. 89.174 Motion was made by Walters, seconded by Steigerwalt to approve the minutes of the August 3, 1989 Planning Commission minutes. Roll call was taken on the motion. Ayes: Whitehouse, Walters, Whittingham, Steigerwalt. Abstain: Miller, Langhorst. The public hearing to consider the application of Progress Land Company, Inc. for a conditional use permit for planned unit development with R-2 zoning and a preliminary plat, to be known as Meadow Brook, for single family development along with a . minor comprehensive plan amendment to bring the area into the 1990 Urban Service Area was continued from the previous meeting. Alan Brixius stated that the Natural Resources Committee reviewed the EAW for the plat on August 15 and recommended preliminary approval of the EAW subject to the following recommendations: 1. Lot sizes maintain an R-2 minimum, for the following reason: a. Smaller than R-2 lot sizes (11,000 square feet) will increase the density of the area which will in turn increase the amount of impervious surface area creating an increase in storm water runoff into North Creek. 2. The developer locate house pads away from the sewer interceptor easement. A brief discussion was held among Commission members. Warren Israelson, the developer was present. There was no public comment. 89.175 Motion was made by Miller, seconded by Whitehouse to close the public hearing. Roll call was taken on the motion, Ayes: Unanimous. PLANNING .COMMISSION MEETING MINUTES AUGUST 17, 1989 89.176 Motion was made. by Whittingham, seconded by Steigerwalt to recommend approval of the application of Progress Land Company, Inc. for a conditional use permit for planned unit development with R-2 zoning and a preliminary plat, to be known as Meadow Brook, for single family development along with a minor compre- hensive plan amendment to bring the area into the 1990 Urban Service Area subject to the planning report of 7/14/89, the engineering report of 5/24/89 and 7/14/89, a positive EAW and any other comments by staff. Roll call was taken on the motion. Ayes: Unanimous. The public hearing to consider the application of John and Sharon LeBlond, 7355 165th Street, for a variance to allow a fence in excess of six feet in height (Section 9.6.6 of the Zoning Ordinance) was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey gave a review of the variance request based upon his report dated 8/11/89. He stated that the variance request stems from the fact that the fence was constructed without a building permit. All non-farm fences require a builidng permit by ordinance. He further stated that if a building permit had been obtained, staff would have worked with the applicant to ensure • the fence met all zoning ordinance requirements (height, location, etc.); therefore this variance request would not be necessary. Mr. Morey displayed a visual showing the location of the existing fence and the area where an up to eight foot tall fence could be constructed. He stated the City had received about 40 names of people who sent letters or signed a petition in support of the LeBlond's fence. Mr. Morey further stated that staff understands the LeBlond's concern for the safety of the children, which dictated their desire for a seven and a half foot tall fence. Staff also understands the failure to obtain the building permit for the fence was not intentional and realizes that the fence is attractive. However, this variance request would not be necessary if the applicant had gone through the proper channel of obtaining a building permit prior to the construction of the fence. In addition, granting this variance request could send a message that it is acceptable to build in Lakeville without a permit and that any problems can be rectified later by getting a variance. Granting this variance could damage City staff's ability to enforce City codes and ordinances. It would also set a precedent the City. cannot afford to establish. • 2 PLANNING COMMISSION MEETING MINUTES AUGUST 17, 1989 Mr. and Mrs. LeBlond were present and stated that the entire situation was due to a miscommunication with the builder of the fence, Randy King, in that a permit had not been obtained prior to the construction of the fence. They explained their reason for desiring the seven and a half foot fence height as being for the safety of the daycare children which they care for at their home. Mr. King was present and stated he had just recently gone into business for himself and had assumed that the LeBlonds would take care of getting the proper permit. He stated he had no intention of going against City ordinance. He recommended tapering down the sides of the fence that are not yet complete to six feet and leaving the completed portion, which is seven and a half feet, as is. The Commission held a discussion which included: - Ordinance requirements. - Neighboring properties. - Cost of modifying the fence. - Safety of the daycare children. - Visibility. - The possibility of setting a precedent was discussed in detail with the City Attorney. • It was the general feeling of the Commission that the responsibility for obtaining the permit should have been that of the builder. The Commission was also very sympathetic with the LeBlonds. 89.177 Motion was made by Miller, seconded by Whittingham to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 89.178 Motion was made by Whitehouse, seconded by Miller to recommend approval of the application of John and Sharon LeBlond, 7355 165th Street, for a variance to allow a fence in excess of six feet in height subject to the property being used as a child care facility and at which time child care ceases, fence shall be moved or reduced in height accordingly. Roll call was taken on the motion. Ayes: Whitehouse, Miller. Nays: Walters, Langhorst, Whittingham, Steigerwalt. Motion failed. 89.179 Motion was made by Steigerwalt, seconded by Whittingham to recommend denial of the application of John and Sharon LeBlond, 7355 165th Street, for a variance to allow a fence in excess of six feet in height .and adoption of the findings of fact. 3 PLANNING COMMISSION MEETING MINUTES AUGUST 17, 1989 Roll call was taken on the motion. Ayes: Walters, Langhorst, Whittingham, Steigerwalt. Nays: Whitehouse and Miller. The reason for Whitehouse's nay was that the fence does not create a traffic hazard or blind spots and is compatible with the surrounding area. It creates total screening from the street to prevent any intrusion by undesirables. Miller stated that. he voted nay for the same reasons as White- house with the additional reason that the fence does not create a public nuisance. The public hearing to consider the application of Trinity Evangelical Free Church, 16165 Kenwood Trail, for a conditional use permit to allow a building height in excess of 25 feet was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey gave a review of the request and recommended approval subject to the stipulation listed in his report of August 10, 1989. Paul Hagen, architect for the church was present along with Jim Gronvall of the Building Committee, to answer questions. John Woodland, an adjacent property owner and member of the church stated he felt the church would be an • enhancement to the area. The Commission held a discussion including: - Elimination and/or modification of the parking area in front of the church on Klamath Trail. - Handicapped parking. - Height of other area churches. 89.180 Motion was made by Steigerwalt, seconded by Walters to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 89.181 Motion was made by Miller, seconded by Whittingham to recommend approval of the application of Trinity Evangelical Free Church, 16165 Kenwood Trail, for a conditional use permit to allow a building height in excess of 25 feet subject to elimination of the visitor parking area adjacent to Klamath Trail at the end of construction, signing and striping of the visitor parking area for parallel parking as soon as possible and subject to the Findings of Fact. 89.182 Roll call was taken on the motion. Ayes:. Unanimous. • 4 PLANNING COMMISSION MEETING MINUTES AUGUST 17, 1989 ! The public hearing to consider the application of Grist Mill Company for a conditional use permit to allow off-site required parking at ZI360 Hayes Avenue was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey gave a review of the request and recommended approval subject to the two stipulations listed in his report of 8/11/89. Tom Renshaw of Grist Mill was. present to answer questions. A discussion was held among Commission members and staff including: - Curb cut. - Potential building expansion. - Handicapped parking. 89.183 Motion was made by Miller, seconded by Whitehouse to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 89.184 Motion was made by Miller, seconded by Whitehouse to recommend approval of the application of Grist Mill Company for a conditional use permit to allow off-site required parking. at • 21360 Hayes Avenue subject of the planning report of 8/11/89 and the Findings of Fact. Roll call was taken on the motion. Ayes: Unanimous. The public hearing to consider the application of the City of Lakeville for the vacation of Hirschy Lane and a portion of Linch Avenue, platted as Woodlake Drive, in the Fourth Addition to Benham Investment Company's Minnesota Orchard Gardens was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey gave a review of the proposed street vacations. He recommended that the street easement for Hirschy Lane be vacated but an easement for drainage and utility purposes be maintained. Mr. Morey stated that .the City Engineer concurred with that recommendation. Mr. Morey stated that Linch Avenue, as it currently exists as an improved cul-de-sac street, provides access to three residential lots over the portion of the easement proposed to be vacated. Vacation of that street easement would eliminate access to these three lots. Mr. Brian Knoch was present and stated that it was his understanding that separate street easements were provided for Linch Avenue and Woodlake Drive. Therefore, vacating . Woodlake Drive would not affect access to the three residential lots because the Linch Avenue street easement would remain. Mr. Morey indicated that the City had not come across records indicating a separate easement for Linch Path. The Planning 5 PLANNING COMMISSION MEETING MINUTES AUGUST 17, 1989 Commission felt that it .should not take action on the street vacation for Woodlake Drive (Cinch Avenue) until staff can determine the status of the street easements. 89.185 Motion was made by Walters, seconded by Steigerwalt to close the public hearing. Roll call was taken on the motion. Ayes: Whitehouse, Langhorst, Walters, Whittingham, Steigerwalt. Nays: Miller. The reason for Miller's nay was that he felt the public hearing should be continued. 89.186 Motion was made by Steigerwalt, seconded by Walters to recommend approval of the application of the City of Lakeville for the vacation of Hirschy Lane in the Fourth Addition to Benham Investment Company's Minnesota Orchard Gardens. Roll call was taken on the motion. Ayes: Unanimous. The .public hearing to consider the proposed Cedar/Dodd Land Use Study as prepared by the City of Lakeville for the area surrounding the intersection of Cedar Avenue and Dodd Boulevard was opened. The City Attorney attested that all legal notices had been duly published and mailed. Alan Brixius gave a review of the study, explaining three different concepts, one of which is single family residential, the second being high density residential, medium density residential and single family residential, and .the third being commercial, high density residential, medium density residential and single family residential. He asked that the Commission give their input as to long range goals and continue the matter so that staff could return with zoning recommendations. He also stated that the property owners in the area had been contacted and that most endorsed the commercial concept.. Steve Wiesler, Paul Johnson and Pat McGarvey, owners or repre- sentatives of owners of property in the area all stated they were in favor of the commercial concept. Bob Erickson, City Administrator discussed the possibility of establishing a residential, PUD, commercial zoning district in lieu of tradi- tional zoning districts, the existing strip commercial situation on Cedar Avenue, increased traffic volumes on Cedar Avenue, the possibility of State financing to upgrade Cedar south of Dodd Boulevard and the timing of various public improvement projects. The Commission held a discussion and Mr. Erickson suggested that the matter be placed at the beginning of a future agenda to allow quality time for detailed discussion. • 6 PLANNING COMMISSION MEETING MINUTES AUGUST 17, 1989 • The Chairman polled members of the Commission regarding their opinions and thoughts regarding the various alternatives. At the conclusion of their discussion, Mr. Brixius was directed to return at a future meeting with a revised alternative number 3. 89.187 Motion was made by Miller, seconded by Steigerwalt to continue the public hearing to consider the proposed Cedar/Dodd Land Use Study. Roll call was taken on the motion. Ayes: Unanimous. The public hearing to consider the application of the City of Lakeville for an amendment to Ordinance No. 167, the Zoning Ordinance of the City of Lakeville, Section 9.15 as it relates to the location of air conditioning units in residential districts was continued from the August 3, 1989 meeting. Daryl Morey stated that the ordinance had been amended incorpo- rating the wording recommended by the Commission at the last meeting. A discussion was held among Commission members. 89.188 Motion was made by Miller, seconded by Whitehouse to close the public hearing. . Roll call was taken on .the motion. Ayes: Unanimous. 89.189 Motion was made by Miller, seconded by Steigerwalt to recommend approval of the application of the City of Lakeville for an .amendment to Ordinance No. 167, the Zoning Ordinance of the City of Lakeville, Section 9.15 as it relates to the location of air conditioning units in residential districts with the deletion of the wording "provided that" in Section 9.15.7. Roll call was taken on the motion. Ayes: Unanimous. The public hearing to consider the application of the City of Lakeville for an ordinance repealing Lakeville Ordinance No. 374 was opened. The City Attorney attested that all legal notices had been duly published. Daryl Morey explained that this was merely a legality to correct a previous error. 89.190 Motion was made by Miller, seconded by Walters to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 89.191 Motion was made by Miller, seconded by Steigerwalt to recommend approval of the application of the City of Lakeville for an ordinance repealing Lakeville Ordinance No. 374. • Roll call was taken on the motion. Ayes:. Unanimous. There was no other business. 7 PLANNING COMMISSION MEETING MINUTES AUGUST 17, 1989 • 89.192 Motion. was made by Steigerwalt, seconded by Whittingham to adjourn the meeting. Voice vote was taken on the motion. Time: .10:45 p.m. Respectfully submitted: r Q r Mira Holliday, R cording SeC etary 1 ATTEST: PI Terrence Langhorst, Cha' man 8