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HomeMy WebLinkAbout09-30-82 s v CITY OF LAKEVILLE PLANNING COMMISSION MEETING September 30, 1982 Patrick Harvey, Chairman, called the meeting to order'at 7:30-p.m. in the Lakeville Council Chambers. Roll call was taken. Present: Rice, Grohoski, Harvey, Miller, Johnson. Absent: Heald, Gesness. Chairman Harvey read a letter from Mrs. Heald, attached hereto. Chairman Harvey read a letter from himself, attached hereto. Mr. Branton, developer of Lake Vale Townhomes, explained the landscape plan to the committee as requested by Mr. Miller. "Mr. Licht explained that he had reviewed the plan. His suggestions had been followed and he felt the plan was adequate. Mr. Knutson explained that he has a copy of the Homeowners:: Agreement and was satisfied. If anything came up, he would have plenty of time to correct it. Mr. Groho.-sk.i. discussed lot area requirements with the planner. Mr. Licht explained that because this is a P.U.D., the P.U,D. requirements are the ones. that tak res~.dence not underlying zoning. Mr. Grohoski explained that because of narrow lots, residents could erect fences, making narrow stall-like enclosures only about 24' wide unless they. are pr©hibited. That would not look good in that area. Russell Streefland, attorney for Mr. B-canton, explained he is familiar with-thi , and that no back yard fences. are permitted, therefore, there wi:11 be none.. Mr. Grohoski.explained that it he had known that this plat was a deviation, he c1ic7 not think it would have progressed through preliminary approval without more questions. Mr. Licht explained that the density is adequate, although-the. density in the first phase is higher than the whole. However, it must be remembered that the. density is not higher than allowed. Mr. Grohoski discussed procedures used during the review and the number. of variances, specifically that the public notice of hearing said only one variance was required, now there are five. Does .the public need to be notified? Mr. Knutson responded that technical variances to ordinances do not require public hearings, but zoning variances were properly handled. Grohoski suggested P.U.D. procedures allowed too much leeway. The planner explained that specific requirements under a P.U.D. are'. more restrictive than normal procedures are. The attorneys explained that: the word "variance"'.for these technical deviations was perhaps a poor term, and they were not variances in the strict meaning of the word. ` PLANNING COMMISSION MEETING September 30, 1982. Mr. Harvey commented on the park easement. The attorney explained he had the description, and it was adequate barring any technical. shortcoming. Mr. Streefland, attorney for the developer, explained he sensed a lack of familiarity with homeowners association agreements. The committee asked that he explain it for everyone's benefit. Mr. Streefland explained agreement procedures-.and requirements in detail. A normal agreement, he said, would run 18 to 20 pages long; single spaced. He presented the committee 'a copy of 1~eclaration of Easements, attached hereto. Mr. Harvey explained that although he commission had asked in the past to see copies of ~.evelopment agreements ,'they had never been pro- vded any', and that because this project was detailed was why they wanted to see them. Grohoski explained that the zoning ordinance was violated if they were not presented before council appro~ral. He ex- planed that our procedures should be looked at if they do not fit the- situation. He had no problem with Mr. Branton, per say. Mr. Licht explained that final stages of P.U.D. is administrative, and he did not`think:the finalized documents under the ordinance were requixed until building permits were to be issued. The committee 'wanted assurances, not unfinished documents. The committee could see that there were great problems in providing finished documents.. Grohoska:.felt all through: the process that documents had been presented the night`of meetings or not in adequate time, and that this. caused most of the problems: 82.148 Motion was made by Rice., seconded by Johnson to recommend approval of the Lake Vale Townhome plat. Roll call was taken on the motion. Ayes, Rice, Harvey, Miller, Johnson. Nays, Grohoski. Mr. Grohoski explained that the reason he voted no is because this plat and associated documents, along with the developer, have failed to meet the orteria of the subdivision ordinance, the Lakeville zoning ordinance and the Lakeville comprehensive plan. N~re specifically, including but not limited to, sections 5.1, 5.2, 6.1 ,6.2 and 31 of the zoning ordinance; chapter 2 of the comprehensive plan. and chapter 2, section 10-2-3, chapter 3, section 10-3-2, and chapter 4, section 10-4-2. Motion was made by Rice, seconded by Miller to adjourn the meeting. Roll call was taken on the motion. Ayes, unanimous. Time: 9:30 p.m. Respectfully submitted, Q- s A. binette P blic Works birector TO: MR. PATRICK NlCC~1EY, CITY AIaNiINISTRATOR CHAIRNFIN HARVF~'Y FRONT: JUDY IiEAT~I' LaA'I'Es SEER <30, 1982 RE: SPECIAL ADVIS(jRY PLANN~iG C~4KISSION NIEEI'ING -LAKE UAI~ TOWNHt~tES I' regret I am unable to attend the Special Advisory Planning Corcgnissi.on meeting on this date but felt obligated.. to xelate the following information to y©u. T was dismayed to learn that the interpretation the Advisory Planning Ccnmisson had intended originally has become distorted and that any inconvenience to any one might have.beenavoded. I am sure no citizen, and especiallya public of- feial would want the Advisory Planning Cc~~ct.ssion and its concept to becesne' merely a rubber stamping body of citizens who pass all: documents and their ap- prove] or denial along note. understanding or ]mowing Yx7w it got to be and whence it came. We do not, in my interpretation of the meeting discussion, want to see `every single development agreement or the bylaws and covenants. It was 'intention to familiarize myself with the doc~nents required. for final platting so as to be more ]~awledgeable in the development process. I had never intended to ~~es- tionwhat appears to be a veryoompetent staff at Clay Hall.. On September'2,_1982, one Dopy of the City.,..Council approved plat for Lake Vale.. Tc~mhomes was brought. back to .the Advisory., Planning Ccnanission for their perusal reflecting the changes made. (I was unsure-of the reason-for its return to the APC prior to the meeting) At that time, we requested copies of tl~e develo~.anent agreemett'and bylaws for this, specific plat deciding we needed a knowledge of` these documents for this plat as well as future plats isr the City of Lakeville. It was agreed, I thought, we would receive these requested items prier to the _ next meeting. Prior to, and atthemeetng of SeP`~ i6, 1982,'no bylaws were delivered to us and the develo~nent agreement format Gras planed i.n front of us at 7:30 P.i!!t. I had no time to read this- before the meeting eanrn..nced or adjourned. There _ was also one copy of the final plat placed ari ttie wall 'for. the` m~nbers ix~ see at the, time the item came before us. The 'Subdivision Ordinance states i.n Sec- flan 10-2-3, Subdvisi.an B; "Ten copies of 'the final plat shall be sukxniated to the City Administrator for `distribution to the Planning Ccxrtnssion, City- Council.. and City. staff." Therefore, with scan~e hesitation, and a amcern for delay to NIr. Geonge'Branton's'plat,:.three members including me decided procedures had to be questioned. None of these three Advisory Planning Ccennssion .rs, I am sure, intentionally :wished. to delay the plattingprocedure..for.Lake Vale Town= 'homes. I strongly hope the Advisory Planning Cce~misson retrains a vital and knawledge- able body ofvolunteer citizens who will not relax in their concern for the best interests of Lakeville,. r ~ _ /.~~/8z. ~~f l~`/~1,1r c ,~,A~Ton1 f ~~4~' • ~ 1~ . 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Aga tL i~? 1,1~: 9~.s~ /~L€v~ G~-c.J f~~~~ L~ T~r~~ was vTi~ wlt ~r~,~'c~rz. ~.r~ ~'s ~ ft's ~s~y~.`~ ~T" j a DECLARATION OF EASEMENTS • FOR LAKE-VALE TOWNHOMES ASSOCIATION THIS DECLARATION OF EASEMENTS, made and declared on this day of 1982, by GEORGE E. BRANTON CONSTRUCTIQN CO., a Minnesota corporation (hereinafter referred to as the "Declarant"); WITNESSETH THAT: WHEREAS, Declarant i s the f ee ~ owner of tfie' real .property described on Exhibit A attached hereto and by this reference inc©rporated herein for all .purposes (the "Property"}; and, - WHEREAS, the Property has been platted and subdivided into individual lots-(the "Lots"}.for develo anent as a multi-family residential housing community; and, WHEREA5, the Declarant desires to declare and establish certain driveway and utility easements which will benefit and burden the Lots for the purpose of facilitating the development and continued existence of the Property as such multi-family community; .WHEREAS, the Declarant has caused the-Lake-Vale Townhomes Association • (the."Association"} to be incorporated under the laws of the State of Minnesota for the purpose of exercising the rights granted to the Association in that certain Declaration of Covenants, Conditions and Restrictions which is also applicable to the Property; NOW, THEREFORE, in c©nsideration of the premises, .the Declarant hereby declares that the Lots are, and shall be held, transferred, sold, conveyed and occupied subject to the easements and covenants hereinafter set forth, which easements and covenants shall burden and benefit and run with the land of the particular tots described hereinafter and be binding upon and inure to the benefit of all parties having any right, title or interest in-such .Lots, or any part thereof, their heirs, successors and. assigns, and are described asfollows: -1. Private Common Driveway Easements.. (a} Common Driveway Easement. Each of the Lots. identified under Column T on Exhi.6t B attached hereto and by this reference incorporated herein for all purposes shall be subject to and burdened with a common driveway easement over the specified portions of such Lots .described under Column TI an Exhibit B, running in favor of the Owners of the Lots identified under Golumn ITI on Exhibit B, their tenants, invitees and licensees, and the Association, but in common with all-others having a sim%lar right, for the purpose of pedestrian .and vehicular ingress and egress to and from public streets and the respective Lots served 'and benefited 6y such easements. (b) Maneuvering Easement. Each of the Lots identified on Exhibit B, which is served and benefited by, or subject to and burdened with, a common driveway easement as described hereinabove in subparagraph 1{a), shall be subject to and burdened with a maneuvering easement running in favor of the Owners of any other Lot or Lots also served or burdened by such common driveway easement, their tenants, invitees and licensees, and the Association, but irr common with all .others having a similar right,-for the .purpose of backing, turning or otherwise maneuvering vehicles, but only over that portion of such burdened~Lot which is covered 6y the paved driveway apron, as originally .constructed 6y the Declarant, which lies more than twenty (20) feet, measured perpendicularly, from the garage door of the building erected by the Declaramt upon such. burdened Lot. (c) -Interference with Easements. No obstructions which would prevent, restrict or of erw~se inh~6lt the passage of pedestrians or vehicles over any portion of the common driveway .easement or maneuvering easement shall be erected, condoned or permitted to endure by the-Owner of any Lot burdened with such easements,~his tenants, invitees-or licensees, or the Association, nor shall any other conduct, passive or affirmative, including, but not limited . to the parking or storage of vehicles, be permitted .which would in any manner restrict the rights of the respective Owners of each benefited Lot,. their .tenants, invitees and licensees, and the Association, to fully utilize such easements for the purq~oses permitted herein. The provisions of this subparagraph she'll constitute restrictive convenants running with and .binding upon .the Lots described .on Exhibit B. • 2. Under round Utilit Easements. Each Lot over which a public utility easement has been de icated, as shown on the recorded .plat of the Property, shall be subject to a right and easement for underground general utility .purposes over that portion of such Lot which is burdened with such dedicated public utility easement. Such utility purposes shall include, but not be limited to, sewer, water, electrical and telephone purposes including.the right to bu%l d, construct, reconstruct, rebuild, repair, maintain and operate underground sewer, water, electrical mains and telephone cables, and any surface connections to such underground mains, along with the right to enter ..upon, and open the ground for such purposes providing that all such openings shall be filled and.-the surface restored to-its former condition. All such utility easements shall jointly run in favor of and inure to the benefit of the Owners of the adjacent Lots, the Association and: any and all public authorities or utility companies maintaining or operating-any utility facilt%es upon such easement area.. 3. Pri;orit The utility easements described herenabove in paragraph 2, are and she continue to be. superior to the common driveway and maneuvering .easements described hereinabove in paragraph l; provided, however, in the event that it shall be necessary to install, repair or maintain any utility facilities. crossing any ca~mon driveway or maneuvering easement, such repairs and maintenance shall be undertaken so as to cause, to the extent practicable, minimal interference with. the us-e of such easements, and any and all damage to the road or driveway apron surfaces shall tie repaired and the surface fully. restored. -2- • 4. Easements Per etual and A urtenant. The easements described herein - shallbe perpetual in durat%on and shat be appurtenant to the Lots which are served and. benefited 6y such easements. 5. Easement~Ri~ghts of Association.. .Notwithstanding anything herein to the apparent contrary, all he easements created herein which run in favor of the Association are only exercisable 6y he Association in connection with the exercise of those rights and obligations of the Association which are more fully described in that certain Declaration of Covenants, Conditions and Restrictions which is also applicable to the Property. 6. Enforcement of Easements.. (a) Right to Enforce. Each of the easements and restrictions as set forth here n shall 6e enforceable by any of the Owners of ,any Lot which is benefited 6y such. easements, any of their respective successors in title, and the Association, 6ut`no other person shall Piave any right to enforce any of - such easements or restrictions nor shall. any other person, other than such Owner, the Owner's tenant, invitees and licensees, and the Association, have any interest in such easements to the public or give any members of the public any rights hereunder. The failure of the Association. or any Owner to enforce any of the easements or restrictions herein..contained shall. in no event 6e deemed a wa-fiver of the right to do so thereafter. (b) Remedies for VioYation. In: the event of any violation or attempted or threatene v~o at}on o t e terms hereof, or any interference or attempted or threatened interference with the easements rights herein granted, each of the easements-and restrictions-may 6e enforced~by a proceeding at law or in equity, or both. Tf any .person shall elect to enforce the terms hereof by a proceeding in: equity, such person may petition for a restraining order or injunction,,.rtporary or permanent a. prohibiting-such violation or interference .and demanding compliance with i:he provisions hereof, which restra%ning order - and injunct%on shall be obtainable upon proof of-.:the :existence of such v%olation -or attempted or threatened violation or interference, and without the neces°~ity of proof of the inadequancy of legal remedies or irreparable harm. (c) Costs of Enforcement. If ~ny,of the easements or~restrctions created here.%n are en orc fiy appropriate proceedings by any Owner, such .Owner many be reimbursed by the Ass©ciaton for all or: any part of the costs incurred by such. Owner in the enfarc~ment thereof, including, but not limited to reasonable. .attorneys' fees, costs and. expenses, as the Board of Directors of the Association shall, in its sole discretion determine. If any of the easements or restrictions created herein are enforced 6y appropriate proceedings 6y the Rssociati:on .n connection with a breach of the .terms hereof by any Owner, the Owner's family guests, tenants or. contract purchasers, and if the Association shall preva%1 in any such proceeding, such Owner shall also pay all reasonable attorneys` fees, costs and expenses incurred by the Association in connection with the enforcement of such:-easements and restrictions. -3- 7. Construction. In the event of any ambiguity as to the scope of any easement or the obligations of any person affected thereby, all of such ease- merits shall be interpreted and construed in a manner consistent with and in accordance-with- the general purposes and plan of, development as .set forth. in the Declaration of Covenants, Conditions and Restrictions applicable to the Property. IN WITNESS WHEREOF, GEORGE E. BRANTON CONSTRUCTION CO. has caused these presents to be executed as of the date first above written.. GEORGE E. BRANTON CONSTRUCTION CO. By George E. Branton i r -4- STATE OF MINNESOTA ) • ) SS. ` COUNTY OF DAKOTA On this day of 1982, before me, a Notary Public within and for said County, appeared GEORGE E. BRANTON to me personally known, who being by me duly sworn, did say,. that he is the President of GEORGE E. BRANTON CONSTRUCTION.CO., that the seal affixed to .the foregoing instrument is the corporate seal of said corporation,-and that said instrument was executed an behalf of said corporation by authority of its Board of Directors and the said GEORGE E. BRANTON acknowledged said instrument to be the free act and deed of said corporation. Notary Pub is FIRST :LAKEVILLE BANK, a Minnesota corporation, mortgagee of the premises in the foregoing Declaration of Easements, hereby consents to and joins in the said foregoing Declarations of Easements. Dated: 1982. FIRST LAKEVILLE BANK By: Cecil A. Pogatchnik Its President STATE OF MINNESOTA ) ) SS. COUNTY OF, DAKOTA ) On this day of 1982, before me,a Notary Public, within and for said County, personally appeared Cecil A. Pogatchnik to me personally known, who being by me duly sworn says that he is the President of FIRST LAKEVILLE BANK, that said instrument was executed on behalf of said corporation by authority of its Board of Directors and the. said Cecil A. Pogatchnik acknowledged..said instrument to be the free. act and deed of said corporation. Notary Public THIS IN~7Rt~'IENT V~A~ DRAFTED B:Y; STREEFLAND & DALY~ . 12940 Ha.rri:et Avenue youth Suite 26Q Burnsville, Minnesota 55337 PROPERTY DESCRIPTTON tots One-(1) through Fifteen {15), inclusive, Block One {1); Lots One (1) through Seven (7), inclusive, Block Twa (2); Outl of A; Out7ot B; . All in Lake-Vale Townhomes, according to the plat thereof on file ..and of record in the office of the County Recorder in and for Dakota County, Minnesota... • EXHIBIT A i ' ~ PRIVATE COD~Og1 DRIVEWAY EASE2~ENTS Being a 24 foot wide strip, 12 feet on each side of the indicated center line, including such extensions as may be required to reach angular or curved lot lines. • All lot references are to late in Lake Fale Townhomes end the basis for bearings referred to hereon is the same as the .bearings on the plat of Lake Vale Ta~rnhcmes. SERVIENT PARCELS } CENTER LINE OF EASEi~NT STRIP DO?dIN,ANT ~S~VED} PARCEL(S~ Lot 13, Block 1 Beginning at a point on the northeasterly Lot 12, Block 1 line of Lot 12, .Block 1, midway between the most northerly .corner and the most easterly corner of said Lot 12; thence South 40 degrees 49 minutes 30 seconds West, a distance of . 35.25 :feet; thence South 0 degrees 43 minutes 30 seconds West, a distance of 31.80 feet and , .there terminating. Lots 12 and 14, Beginni~,g at a point on the northeasterly Lot 13, Block 1 Block.l line of Lot 12, Block. 1, midway between the most northerly corner and the most easterly corner of said hot 12; thence South 40 degrees 49 minutes 30 seconds West, a distance of 35.25 feet; thence South d degrees 43 minutes 30 seconds West, a distance of 52.03 feet. and. there terminating. • Lots 12, 13 and Beginning_at a point on the .northeasterly Lot l4, Block 1 15, Black 1 line of Lot 12, .Block 1, midway. between the most northe rly corner and the ..most easterly corner of said .Lot 12; thence South 40 degrees 49 minutes 30 seconds West, a distance of 35.25 feet;thence.South.0 degrees .43 .minutes 30 seconds West, a distance of 88.'6 feet and there terminating. Lots 12, 13 and .Beginning at a point on the northeasterly Lot l5, Block I l4, Block 1 line of Lot 12, Block 1, midway between the most northerly corner and the most easterly " corner of said Lot 12 thence South 40 degrees 49 minutes 30 econds West, a distance of :35.25 feet; thence South 0 degrees 43 minutes 30 seconds YTiest, a distance of 68.26 feet to a: point on the north line of Lot 15, Block 1 end there terminating. EXHIBIT B + F v DOMINANT SE.RVIENT PARCEL(S) CENTER LINE OF EASE2,iENT STRIP (SERVED PARCELS, ~s 2-and 3 Be innin at the northwes c g g t orner of Lot 3, _ Lot 1, Block 2 Black 2 Block 2; thence~South 89 degrees 16 minutes 30 seconds East, along the northerly line of said Lot 3, a distance of 127 feet; thence North 53 degrees. O6 minutes 00 seconds East a distance of 39 feet and there terminating. Lots 1 and 3, Beginning at the nort~est corner of Lot 3, Lot 2, Block 2 Block 2 Block 2; thence South 89 degrees 16 minutes- 30 seconds. East, along the northerly .line of said Lot 3, a distance of 127 feet; thence North 53 degrees 06 minutes 00 seconds East a distance of 46.72 feet and there terminating. Lots l and 2, Beginning at the northwest corner of Lot 3, Lot 3, Block 2 Block~2 Block 2; thenoe South 89 degrees 16 minutes. 30 seconds East, along the northerly line ai' said Lot 3, a d istance of 127 feet; thence North 53 degrees 06 minutes CO seconds East a distance of 26.72 feet and there terminating. •