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HomeMy WebLinkAbout11-15-84 • Lakeville, Minnesota PLANNING COMMISSION MEETING MINUTES November 15, 1984 7:00 p.m. Steve Sizer, Chairman, called the meeting to order at 7:00 p.m. in the Lakeville City Council Chambers. Roll call of members was taken. Present: Cammack, MacGibbon, Miller, Sizer, Walters. Absent: Langhorst Also present: Roger .Knutson, City Attorney; David Licht, City Planner; Jim Robinette, Community Development Director; Shirley Sorensen, Recording Secretary. Chairman Sizer welcomed our new member, Steven Cammack, and Mr. Pat McGarvey, City Administrator, swore him in as a member of our Planning Commission. Chairman Sizer called for additions or corrections to the minutes of the November 1, 1984 p. c. meeting. 84.176 Motion was made by Miller, seconded by MacGibbon, to approve the minutes of the November 1, 1984 p. c. meeting. Roll call of members was taken. Ayes: Walters, Miller, Sizer, MacGibbon. Abstain: Cammack Chairman Sizer called for final plat approval on Meadows North. Mr. Rick Sather showed renderings of what they planned for the first phase, seven 4-unit buildings and one 8-unit building. Mr. Sather said they have shown the side lot drainage and utility easements, as requested by the planner. 84.177 Motion was made by Miller, seconded by Walters, to recommend to city council approval of the final plat of Meadows North, subject to the addition of .the. 10 foot drainage and utility easements along the side lot lines. Roll call was taken on the motion. Ayes: Unanimous Chairman Sizer opened the public hearing to consider the application of the City of Lakeville for a conditional use permit to build a 100 foot high radio tower as a part of the public safety radio system at 20110 Holyoke Avenue. Mr. Knutson stated that the proper mailed and published notices have been given for this hearing. Mr. Robinette stated that this tower is for police, public works, and all city communications, and is a standard tower. Planning Commission Minutes November 15, 1984 84.178 Motion was made b MacGibbon seconded b Miller to close the y y , public hearing. Roll call was taken on the motion. Ayes: Unanimous 84.179 Motion was made by MacGibbon, seconded by Cammack, to recommend to city council approval of the application of the City of Lakeville for a conditional use permit to_build a 100 foot high radio tower as a part of the public safety radio system at 20110 Holyoke Avenue, subject to any Staff recommendations. Roll call was taken on the motion. Ayes: Unanimous Chairman Sizer opened the public hearing to consider the application of Walter. R. Sternberg for a conditional use permit for shoreland development on an unsewered parcel and variances for lot area, lot width, front yard setback, building setback from ordinary high water mark and septic tank setback from ordinary high water mark at 16860 Klamath Trail. Mr. Knutson stated that the proper mailed and published notices have. been given for this hearing. Mr. Robinette read the motion from the Natural Resources Committee meeting of November 13th recommending denial of Mr. Sternberg's request. Mr. Sternberg put up a map and explained where the lots are that he would like the permit and variances for. He stated that he believed the perc tests from Eagle Testing were correct and the perc tests .from Dakota County Soil & Water Conservation District were wron He went on to explain that, in his opinion, Outlot G, now owned by Dr. O'Brien, is not part of Orchard Lake, and should not be called a 'lake'. Mr. Sternberg also explained that he had .been at 'war' with the City for eight (8) years, stating what happened in 1976, the council motion 476.450, made by Curry, seconded by Zaun, saying they are buildable lots. He said they have previously applied for permits to build on those lots and were told they were unbuildable. He filed suit with the city and the city attorney said at that time that he had not exhausted his administrative remedies, so that is what he is doing now. Mr. Licht went over the planner's report. dated November 7, 1984 and stated they recommend to the planning commission denial of this request for the reasons set forth in the report. Dr. B. O'Brien, owner of neighboring property, asked what the minimum lot size was in the shoreland district and was told 20,000 sq. ft. i 2 Planning Commission Minutes November 15, 1984 • Mr. S ern er t b g asked that this committee pass this item on to the City Council without a recommendation. Walters asked what record indicated. that this was a buildable lot and Mr. Sternberg showed him the minutes of the September 13, 1976 special council meeting. Mr. Knutson, City Attorney,. pointed out that the council did not say that he (Mr Sternberg) would not have to build according to the codes of the City. He also stated that the City cannot contract away .the fact that there are requirements that have to be met. Mr. Robinette explained that most sewer connections cannot be made to a force main. Mr. Sternberg stated there was a force main in the street and asked why it couldn't be used. He said he had talked to someone at the University of Minnesota and was .told that you can hook in to a force main. Mr. Sternberg did say that it would not be economical to hook up to a force main. Chairman Sizer told Mr. Sternberg that it is the reason we sit on this committee, to make recommendations to the City Council, therefore we are opposed to Mr. Sternberg's request for no recommendation from the planning commission. 84.180 Motion was made by MacGibbon, seconded by Miller, to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous 84.181 Motion was made by Sizer, seconded by MacGibbon, to recommend to city council denial of the application of Walter R. Sternberg for a conditional use permit for shoreland development on an unsewered parcel and variances for lot area, lot width, front yard setback, building setback from ordinary high water mark and septic tank setback from ordinary high water mark at 16860 Klamath Trail, Lots 3 & 4, ..Block 26 Orchard Lake, based on the findings of the planner's report dated November 7, 1984 and the Natural Resources Committee recommendation at their meeting on November 13, 1984. Roll call was taken on the motion. Ayes: Unanimous As other business Mr. Robinette passed out our new .Star City Book to planning commission members. 84.182 Motion was made by Cammack, seconded by Walters, to adjourn the meeting. Voice vote was taken on the motion. 3 e 1 Planning Commission Minutes November 15, 1984 Chairman Sizer adjourned the meeting at 7:55 p.m. Respectfully submitted De is Miller, Secretary ATTEST: Steven C. Sizer, irman • 4 CITY OF LAKEVILL`~ SPECIAL .COUNCIL MEETING • SEPTEMBER 13, 1976 The meeting was called to order by Mayor Mako at 7:OD P,M. Roll call was taken. Present:- Mayor Mako, Councilmembers Curry, Emond, Clarkson, and Zaun.. Also present: Patrick Farrell, City Attorne}~; Sager Knutson, City Attorney;. Robert Raseneand Richard Turner, Consulting Engineers;. Patrick McGarvey, City Administrator; James Robinette, Public Works Dixector; Dave Eveslage, Inspec- toreesnpioyed by the Engineering firm. Mr. Walter.Sternbergand his attorney, Mr. Spicer, addressed the Council concern- ingthe determination of which lots Mr. Sternberg owned. in Black 26 in the Orchard Lake area are buildable and which lots are unbuildable undex various State and. City laws. 'Mr. Rout oa repnrted that Mr. Goodermont, the Building Inspector, and Mr. Fri- _gaard had personally viewed the area involved and had determined. from the two foot coatour maps and high water elevation information from the D.N.R. that Lots 1, 2, 3, 4, and 25 through 33 of .Block 26 were buildable lots. .They also reported than Lots 5 through 24 on Black 26 are not buildable under law. Mr. Rosene reported that there would. be no lateral. assessment. at this time be- cause the pipe presently being installed is a force main, and the future lateral extension would have to be constructed to serve .the buildable lots at which time an appropriate sewer assessment Would be made for the lateral service. None ,of the unbuildable lots would be assessed. Mr. Spicer, advised. the Council. that he`was giving the City the signed waiver of entry forms for the City to enter on Mr. Sternberg's property to construct a sewex lift station now that the determination of what the buildable lots were and the assessment policy had been. resolved between the parties.' 76.450 Motion was made by Curry, seconded by Zaun: determining than ~.ots 1, 2, 3, 4, and 25 through 33'on Block 26 are. buildable dots pending receipt of appropriate written agreements betweea Mr. Sternberg and the City by awaiver of entry and permanent 'easement for the sewer lift station on a portion of his property. Roll call. was taken on the motion.-:Ayes, Emond, Mako,. Zaun, Curry, and Clarkson..