HomeMy WebLinkAboutItem 06.hOctober 29, 2010 Item No.
HEWITT INVESTMENTS CONDITIONAL USE PERMIT
NOVEMBER 1, 2010 CITY COUNCIL MEETING
Proposed Action
Staff recommends adoption of the following motion: Move to approve a conditional use permit for
Hewitt Investments, LLC and adopt the findings of fact as presented.
Adoption of this motion will result in an approved CUP to allow a building combining residential and
commercial uses within the C -CBD District at 20741 Holyoke Avenue.
Overview
At their March 15, 2007 meeting the Planning Commission unanimously recommended approval of the
preliminary and final plat and conditional use permit for a three story, mixed use (residential and retail)
building located at 20741 Holyoke Avenue (Holly Hewitt Dance Studio) in Downtown Lakeville. After
the Planning Commission review of the preliminary and final plat and conditional use permit and prior to
the City Council meeting the applicant submitted revised plans reducing the height of the building from
three to two stories and eliminated the residential uses within the building which eliminated the need for
the conditional use permit. At their April 16, 2007 meeting the City Council approved the revised
building plans and the preliminary and final plat.
Holly Hewitt representing Hewitt Investments, LLC has submitted a new conditional use permit
application to convert retail area on the second floor of the building to a residential unit. A conditional
use permit is required to allow a residential /commercial mixed use building within the C -CBD,
Commercial Central Business District.
At their October 21, 2010 meeting, the Planning Commission held a public hearing to consider the
proposed conditional use permit application. No one from the public addressed the Planning
Commission. The Planning Commission unanimously recommended approval of the conditional use
permit. Planning and engineering staff also recommended approval of the conditional use permit.
Primary Issues to Consider
Does the addition of a residential use in the building still meet the requirements of the Zoning
Ordinance, Downtown Design Guidelines and the Downtown Development Guide?
• Yes, the proposed residential use and existing building meet all the requirements of the Zoning
Ordinance, Downtown Design Guidelines and the Downtown Development Guide.
Supporting Information
• Conditional Use Permit
• Findings of Fact
• October 21, 2010 Draft Planning Commission meeting minutes
er 13, 20 0 Planning Report
Ally ' uennen, AICP
Associate Planner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):Zoninq Ordinance
Notes:
(Reserved for Dakota County Recording Information)
City Of Lakeville
Dakota County, Minnesota
HEWITT INVESTMENTS, LLC
CONDITIONAL USE PERMIT
Conditional Use Permit No.
1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville
approves:
A Conditional Use Permit for Hewitt Investments, LLC to allow a building
combining residential and commercial uses within the C -CBD District at 20741
Holyoke Avenue.
2. Property. The conditional use permit is for the following described property in the
City of Lakeville, Dakota County, Minnesota:
Lot 1, Block 1, Hewitt Investments 1 Addition
3. Termination of Permit. The City may revoke the permit following a public hearing for
violation of the terms of this permit.
4. Lapse. If the residential use has not commenced within one year after granting this
conditional use permit, then the permit shall become null and void unless a petition
for extension of time in which to complete or to utilize the use has been granted by
the City Council.
5. Criminal Penalty. Violation of the terms of this conditional use permit is a criminal
misdemeanor.
1
DRAFTED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
By:
By:
Notary Public
2
Date: November 1, 2010
City of Lakeville
Holly Dahl, Mayor
Charlene Friedges, City Clerk
The following instrument was acknowledged before me this 1 day of November 2010
by Holly Dahl, Mayor, and by Charlene Friedges, City Clerk of the City of Lakeville, a
Minnesota municipal corporation, on behalf of the corporation.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
HEWITT INVESTMENTS
CONDITIONAL USE PERMIT
FINDINGS OF FACT
On October 21, 2010, the Lakeville Planning Commission met at its regularly scheduled
meeting to consider a conditional use permit request by Hewitt Investments, LLC to
allow a building combining residential and commercial uses within the C -CBD District at
20741 Holyoke Avenue. The Planning Commission conducted a public hearing on the
proposed conditional use permit preceded by published and mailed notice. The
applicant was present and the Planning Commission heard testimony from all interested
persons wishing to speak. The City Council hereby adopts the following:
FINDINGS OF FACT
1. The property is currently zoned C -CBD, Commercial Central Business District.
2. The subject site is located in Comprehensive Planning District 7, which guides the
property for commercial land uses.
3. The legal description of the property is:
Lot 1, Block 1, Hewitt Investments 1 Addition
4. Chapter 4 of the City of Lakeville Zoning Ordinance provides that a conditional use
permit may not be issued unless certain criteria are satisfied. The criteria and our
findings regarding them are:
a. The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the
official City Comprehensive Plan.
The Comprehensive Land Use Plan guides the subject site to be developed as
Commercial. Mixed use buildings are allowed in the C -CBD District. The
proposed use of the building is consistent with the Comprehensive Land Use
Plan and the C -CBD District uses.
b. The proposed use is or will be compatible with present and future land
uses of the area.
The proposed mixed use building is similar to existing mixed use buildings
downtown, such as Main Street Manor, which incorporates retail on the first
floor and residential on the upper floor. The proposed use is also consistent
1
with future land uses that incorporate residential and retail mixes as outlined in
the Downtown Development Guide.
c. The proposed use conforms to all performance standards contained in the
Zoning Ordinance and the City Code.
The proposed use meets the required performance standards as outlined in the
Zoning Ordinance and discussed in detail in the October 13, 2010 Planning
Report.
d. The proposed use can be accommodated with existing public services and
will not overburden the City's service capacity.
Water and sanitary sewer services are available to service the site.
e. Traffic generated by the proposed use is within capabilities of streets
serving the property.
Access to the property will be provided by local streets including Howland
Avenue and Holyoke Avenue. The local street system has the capacity to
handle the traffic generated by the proposed residential use.
5. The planning report dated October 13, 2010, prepared by Associate Planner Allyn
Kuennen, is incorporated herein.
DATED: November 1, 2010
2
CITY OF LAKEVILLE
BY:
BY:
Holly Dahl, Mayor
Charlene Friedges, City Clerk
DRP Fut
CITY OF LAKEVILLE
Planning Commission Meeting Minutes
October 21, 2010
The October 21, 2010 Planning Commission meeting was called to order by Chair
DaY in the City Hall Council Chambers at 6:00 p.m.
Flag ple ; e and roll call of members:
Present: Chair Davis
Vice Chair Lillehei
issioner Drotning
Com • issioner Glad
Comm a° Toner Grenz
Commissi er Maguire
Ex- officio Bus er
Absent: Secretary Adler\
Staff Present: Daryl Morey, Planing Director; Frank Dempsey, Associate
Plaruner; Allyn Kuen len, Associate Planner; Daniel Licht, The
Planning Company; Andrea Poehler, Assistant City Attorney; and
Penny Brevig, Recording Sec tary.
The October 7, 2010 Planning Commission meeting m xiutes were approved as
ITEM 3. APPROVAL OF MEETING MINUTES:
presented.
ITEM 4. ANNOUNCEMENTS:
Mr. Morey stated that all the Planning Commissioners received a copy Of the 2010
Zoning and Subdivision Ordinances on a CD at tonight's meeting.
Mr. Morey stated that under Staff Notices at the end of tonight's meeting he wo
1'
ITEM 5. HEWITT INVESTMENTS, LLC
Chair Davis opened the public hearing to consider the request of Holly Hewitt for a
Conditional Use Permit to allow a building to combine residential and non-
residential uses within the C -CBD, Commercial Central Business District, located at
20721 Holyoke Avenue. The Recording Secretary attested that the legal notice had
been duly published in accordance with State Statutes and City Code.
DRAFT
Holly Hewitt presented an overview of her request.
Associate Planner Allyn Kuennen presented the planning report. Mr. Kuennen
stated that Planning Department staff recommends approval of the Hewitt
Conditional Use Permit to allow a building to combine residential and non-
residential uses within the C -CBD, Commercial Central Business District, as
presented.
Chair Davis opened the hearing to the public for comment.
There were no comments from the audience.
10.46 Motion was made and seconded to close the public hearing at 6:05 p.m.
Ayes: Glad, Lillehei, Davis, Maguire, Grenz, Drotning.
Nays: 0
Chair Davis asked for comments from the Planning Commission. Discussion points
were:
• Have the building standards in the Zoning Ordinance changed since this
project was approved in 2007. Mr. Kuennen confirmed that the Zoning
Ordinance performance standards pertaining to this development have not
changed since the original approval.
• Would a conditional use permit be needed if the second floor was converted
to retail again in the future? Mr. Kuennen indicated that retail is an allowed
use, so a conditional use permit would not be needed.
10.47 Motion was made and seconded to recommend to City Council approval of the
Hewitt Investments, LLC Conditional Use Permit to allow a building to combine
residential and non- residential uses within the C -CBD, Commercial Central
Business District, as submitted.
Ayes: Lillehei, Davis, Maguire, Grenz, Drotning, Glad.
Nays: 0
Mr. Morey stated that . requesting this agenda item be tabled to a future
Planning Commission meeting. ! 14 ore indicated that staff would like
additional time to evaluate what impact bringing i - .. er into the Agricultural
st of Cedar
Preserve District would have on the future construction of CS
Avenue as identified on Dakota County's East -West Corridor Study.
Planning Commission Meeting
October 21, 2010
Page 2
Memorandum
To: Planning Commission
From: Allyn Kuennen, AICP �K
Associate Planner
Date: October 13, 2010
Subject: Packet Material for the October 18, 2010 Planning Commission Meeting.
Agenda Item: Hewitt Investments Conditional Use Permit.
BACKGROUND INFORMATION:
At their March 15, 2007 meeting the Planning Commission unanimously recommended approval
of the preliminary and final plat and conditional use permit for a three story, mixed use
(residential and retail) building located at 20741 Holyoke Avenue (Holly Hewitt Dance Studio) in
Downtown Lakeville. After the Planning Commission review of the preliminary and final plat
and conditional use permit and prior to the City Council meeting the applicant submitted revised
plans reducing the height of the building from three to two stories and eliminated the residential
uses within the building which eliminated the need for the conditional use permit. At their April
16, 2007 meeting the City Council approved the revised building plans and the preliminary and
final plat.
Holly Hewitt representing Hewitt Investments, LLC has submitted a new conditional use permit
application to convert retail area on the second floor of the building to a residential unit. A
conditional use permit is required to allow a residential /commercial mixed use building within the
C -CBD, Commercial Central Business District.
The following exhibits are attached for your review:
Exhibit A — Location and Zoning Map
Exhibit B — Approved Final Plat
Exhibit C — Site Plan
Exhibit D — Exterior Building Elevations
Exhibit E — Interior Building Floor Plans
PROJECT ANALYSIS:
Item No.
City of Lakeville
Planning Department
Chapter 11- 74 -7.D of the Zoning Ordinance requires a conditional use permit to allow buildings
combining commercial and residential uses provided the following conditions are met:
1. The residential and nonresidential uses shall not conflict in any manner.
1
The building is proposed to have the residential uses on the second floor separated from
the commercial uses. Separate entrances will be provided for each of the uses with the
parking for the residential uses restricted to the rear of the building reserving the on street
parking at the front of the building for the retail uses.
2. The residential design and construction standards as outlined in the RH -1 district are met.
The exterior construction of the building includes a combination of stone, stucco and brick
exterior and meets the design criteria as outlined in the RH -1 District standards.
In addition, Chapter 11 -4 -7 of the Zoning Ordinance requires that proposed conditional use
permit requests meet certain general performance standards and criteria. The applicable
performance standards within Chapter 11 -4 -7 are as follows:
A. The use and the site in question shall be served by a street of sufficient capacity to
accommodate the type and volume of traffic which would be generated and adequate right
of way shall be provided.
The space in the building being converted to a residential unit was previously used for retail
space. The proposed residential use will produce less traffic and can be adequately served
by Holyoke Avenue and Howland Avenue.
B. The site design for access and parking shall minimize internal as well as external traffic
conflicts and shall be in compliance with chapter 19 of the Zoning Ordinance.
No revisions to the parking lot or access are proposed.
C. If applicable, a pedestrian circulation system shall be clearly defined and appropriate
provisions made to protect such areas from encroachment by parked or moving vehicles.
The existing sidewalk along Holyoke Avenue and along the north side of the building
provides adequate pedestrian access and circulation to and around the building.
D. Adequate off street parking and off street loading shall be provided in compliance with
chapters 19 and 20 of the Zoning Ordinance.
The C -CBD District requires three parking spaces per 1,000 square feet of office or
commercial uses. In addition, the proposed residential uses within the building would
require 2.5 parking spaces per unit. The mixed use building is required to have a total of 22
parking stalls. With 39 off street parking stalls, three on street stalls, and two interior garage
parking stalls the site has a total of 44 parking stalls available in compliance with the Zoning
Ordinance requirements.
E. Loading areas and drive -up facilities shall be positioned so as to minimize internal site
access problems and maneuvering conflicts, to avoid visual or noise impacts on any
"adjacent " residential use or district, and provided in compliance with chapter 20 of the
Zoning Ordinance.
No loading and drive -up facilities are proposed to be added.
2
F. Whenever a nonresidential use "is adjacent to" a residential use or district, a buffer area with
screening and landscaping shall be provided in compliance with chapter 21 of the Zoning
Ordinance.
Not Applicable.
G. General site screening and landscaping shall be provided in compliance with chapter 21 of
the Zoning Ordinance.
Not Applicable.
H. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right
of way or neighboring residential uses or districts, and shall be in compliance with section
11 -16 -17 of the Zoning Ordinance.
The site includes decorative exterior pole lighting within the parking lot and along the north
side of the building. In addition, the front of the building includes decorative wall lighting.
1. Potential exterior noise generated by the use shall be identified and mitigation measures as
may be necessary shall be imposed to ensure compliance with section 11 -16 -25 of the
Zoning Ordinance.
The rooftop mechanicals are located at the rear of the building above the garage area. The
mechanicals are screened with a parapet wall that surrounds the equipment. No residential
uses are adjacent to the site.
J. The site drainage system shall be subject to the review and approval of the city engineer.
No additional grading is being completed with the building renovation.
K. The architectural appearance and functional design of the building and site shall not be so
dissimilar to the existing or potential buildings and area so as to cause a blighting influence.
All sides of the principal and accessory structures are to have essentially the same or
coordinated, harmonious exterior finish materials and treatment.
No exterior renovations or changes to the building are proposed.
L. Provisions shall be made for daily litter control, an interior location for recycling, and trash
handling and storage or an outdoor, enclosed receptacle area shall be provided in
compliance with section 11 -18 -11 of the Zoning Ordinance.
Waste and recycling areas are contained within the building.
M. All signs and informational or visual communication devices shall be in compliance with
chapter 23 of the Zoning Ordinance.
No additional signage is proposed with the interior renovations of the building.
N. The use and site shall be in compliance with any federal, state or county law or regulation
that is applicable and any related permits shall be obtained and documented to the city.
3
The applicant will be required to obtain a building permit prior to starting are interior
renovations of the building.
O. Any applicable business licenses mandated by this code are approved and obtained.
No additional licenses are required for the residential use.
P. The hours of operation may be restricted when there is judged to be an incompatibility with a
residential use or district.
Not applicable.
Q. The use complies with all applicable performance standards of the zoning district in which it
is located and where applicable, any nonconformities shall be eliminated.
The proposed residential use meets the performance standards of the C -CBD, Commercial
Central Business District and there are no existing non - conformities.
RECOMMENDATION:
The proposed conditional use permit is consistent with and meets the requirements of the
Zoning Ordinance. Planning Department staff recommends approval of the conditional use
permit as submitted. The findings of fact evaluating the criteria for granting the conditional use
permit is attached for your review.
cc: Daryl Morey, Planning Director
David Olson, Community and Economic Development Director
4
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
HEWITT INVESTMENTS
CONDITIONAL USE PERMIT
FINDINGS OF FACT AND RECOMMENDATION
On October 18, 2010, the Lakeville Planning Commission met at its regularly scheduled
meeting to consider a conditional use permit request by Hewitt Investments, LLC to
allow a building combining residential and commercial uses within the C -CBD District at
20741 Holyoke Avenue. The Planning Commission conducted a public hearing on the
proposed conditional use permit preceded by published and mailed notice. The
applicant was present and the Planning Commission heard testimony from all interested
persons wishing to speak.
3. The legal description of the property is:
FINDINGS OF FACT
1. The property is currently zoned C -CBD, Commercial Central Business District.
2. The subject site is located in Comprehensive Planning District 7, which guides the
property for commercial land uses.
Lot 1, Block 1, Hewitt Investments 1 Addition
4. Chapter 4 of the City of Lakeville Zoning Ordinance provides that a conditional use
permit may not be issued unless certain criteria are satisfied. The criteria and our
findings regarding them are:
a. The proposed action has been considered in relation to the specific
policies and provisions of and has been found to be consistent with the
official City Comprehensive Plan.
The Comprehensive Land Use Plan guides the subject site to be developed as
Commercial. Mixed use buildings are allowed in the C -CBD District. The
proposed use of the building is consistent with the Comprehensive Land Use
Plan and the C -CBD District uses.
b. The proposed use is or will be compatible with present and future land
uses of the area.
The proposed mixed use building is similar to existing mixed use buildings
downtown, such as Main Street Manor, which incorporates retail on the first
floor and residential on the upper floor. The proposed use is also consistent
1
with future land uses that incorporate residential and retail mixes as outlined in
the Downtown Development Guide.
c. The proposed use conforms to all performance standards contained in the
Zoning Ordinance and the City Code.
The proposed use meets the required performance standards as outlined in the
Zoning Ordinance and discussed in detail in the October 13, 2010 Planning
Report.
d. The proposed use can be accommodated with existing public services and
will not overburden the City's service capacity.
Water and sanitary sewer services are available to service the site.
e. Traffic generated by the proposed use is within capabilities of streets
serving the property.
Access to the property will be provided by local streets including Howland
Avenue and Holyoke Avenue. The local street system has the capacity to
handle the traffic generated by the proposed residential use.
5. The planning report dated October 13, 2010, prepared by Associate Planner Allyn
Kuennen, is incorporated herein.
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Conditional Use Permit
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HEWITT INVESTMENTS. LLC LAKEVILLE. 11N 55011
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201XX HOLYOKE AVENUE
HEWITT INVESTMENTS. LLC LAKEVILLE, MN 55011
APPRO DEVELOPMENT, INC.
2111E GRENADA AVE. LAKEVILLE. MN 65044
PH, 952 - 469 -2114 FAX: 952 - 449 -2173
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d Mt.ww.
PRELIMINARY
L... M AS.?..t &L
R.E Iva mo4 Data
DRANK ET JAC
PALMED
APPROVED ET
L.M.A.
D ATE
04/09/01
P RINT DATE
REVISIONS
REVISED DRAIENO5 POR CITY COIINE0. MORTAL
DATE
01/0X/01
ET
JAC