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HomeMy WebLinkAbout11-19-81 f f-- Lakeville, Plinnesota Planning Commission P9eeting 19 November 1981 Patrick Harvey, Chairman, called the Lakeville Planning Commission meeting to order at 7:30 p.m. in the City Council chambers. Roll call of members was taken: Present: Geisness, Antolik, Harvey, Johnson, Grohoski. Absent: Rice, Miller Also Present: Patrick McGarvey, City Administrator; Sid Miller, City Building Official; Frank Kriz, City 'Engineer; Gary Fuchs, City Attorney; Duane Zaun, City Councilman; David Licht, City Planner. The Chairman called fora review of the 5 November 1981 Planning Commission meeting minutes. P1r. Harvey indicated that the first sentence in the last paragraph on page two should read "...with outside storage...". 81.186 Motion was made by Geisness, seconded by Johnson to approve the 5 November 1981 Planning Commission meeting minutes'as amended. Roll call was taken on the motion. Ayes: Geisness, Harvey, Johnson.. Abstain: Antolik, Grohoski. The Chairman reopened the public hearing on the application of Edward Atcas for rezoning and a conditional use permit of the existing Skelly Station property at the southwest corner of 167th Street and Cedar Avenue from R-2, Single Family, to B-3, Auto-Oriented District. The Cha irman questioned if the applicant or a representative was present. No response was .received. Mr. Licht advised the Commission that he had informed Mr. Atcas of their request that he attend the meeting, as well as the need to verify in .documented form the property ownership. The Commission reviewed photos of the site in question taken. by staff on 10 and 12 November 1981. Mr. Roger Kramer, the resident to the south of the Skelly Station appeared and stated his concern over the lack of interest by the applicant to attend the hearing. He questioned if this would be reflective of the applicant's maintenance of the property. He then presented three photos to the Commission. taken during the Spring of 1981, illustrating poor property maintenance conditions. P1r. Harvey noted that the fence on the east side of the property was not maintained as well for the abutting residence, as it was on the side facing the station. Mrs. Laffresen stated she had met with a man cleaning up the property who claimed to be the new manager. This individual stated that Skelly Oil Company owned the station and that it would reopen in a week or two. P1r. Grohoski stated he has examined the property and has also heard that it is owned by Skelly. Mr. Harvey apologized to the residents attending, but stated in view of the weather that he felt it advisable to table further discussion of the request until later in the meeting in the case the applicant arrived. 81.187 Motion was made by Geisness, seconded by Grohoski to table further discussion of P1r. Atcas' request until later in the meeting. Roll call was taken on the motion. Ayes: Unanimous ~ Lakeville, Plinnesota Planning Commission P~eeting 19 November 1981 The Chairman opened the public hearing on the application of Clarence Rudiger to vacate a part of Beach Avenue between Jersey Avenue West and Upper 196th Street. Mr. Licht indicated the City file contained verification of public notice. P1r. Kriz provided a summary of his staff report, indicating potential problems with an adjoining unvacated alley and ovinership of Lot 1. It was the Engineer's recommendation that all neighbors:agree, plus recognition of the fact that the County, not the City, determines how the property will be divided. Mr. Fuchs stated that a vacation procedure;"by the City only,-indicates it will not be used for public street purposes. Pair. Rudiger appeared anal provided a certificate of survey paid for .and agreed to by adjoia~ing owners. Mr. Harvey read .and entered into the record a letter from Joseph J. Schweich, an adjoining owner. Mr. Harvey stated the length oaf the street without the Beach Avenue construction violated current subdivision ordinance standards. P1r. Kriz stated this was recognized by staff, but that an improvement of` Beach Avenue would. have to be financed by abutting owners and that none would benefit due to existing access. Mr. Rudi-ger stated that the two other owners which include Mr. Schweich and Mr. Walls agree to the vacation .and land division. Pir. Harvey stated that while not suggesting a mandated condition, it would appear advisable to have documentation from Tom Wall-~ on his acceptance of the request.: The. Commission quesionted how Mr. Schweich obtained a building. permit for the garage he is now constructing on the Beach Avenue right-of-way. Sid Miller stated that a permit was issued based upon the land division survey, assuming the vacation had previously been approved. Once it was learned the vacation. had :not taken place, a stop order was issued to P1r. Schweich. 81.188 Motion was made by Geisness, seconded by Antolik to close the public hearing. Roll call was taken on the. motion. Ayes: Unanimous 8.1.189 Motion was made by Johnson, seconded by Grohoski, to recommend to the City Council the vacation of Beach Avenue subject to the City Engineer's recom- mendation that ten foot drainage and utility easements: be maintained along the new property lines and that the City pursue vacation of the unused alley which intersects the Beach Avenue right-of-way. Rall call was taken on the motion. Ayes: Unanimous The Chairman advised the applicant that his request would be considered by the City Council at their 7 December meeting. Chairman Harvey opened the public hearing. on amendments to the Comprehensive Plan of the City as approved by the Pletropolitan Council.. The documents affected being: (a) Policy Plan/Development Framework (September 1979), (b) Community Improvement Program (Play 1980), (c) Transportation Plan (December 1979),-(d) Comprehensive Sanitary Sewer Plan (July 1979). Per. Fuchs attested to the verification of official publication. P1r. Licht outlined and presented the changes recommended. A discrepancy was noted in Figure 1 of the Transportation Plan by the Commission. Mr. Licht indicated the map in question was to be the same as Page 85 of the Policy Plan/Development Framework (Setpember 1979). 2 i s Lakeville, Plinnesota Planning Commission P1eeting • 19 November 1981 81.190 Motion was made by Antolik, seconded by Geisness, to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous 81.191 Motion was made by Johnson, seconded by Grohoski, to approve the revisions to the Comprehensive Plan subject to clarification that the Transportation Plan. modification was to be the same as that illustrated on page 85 of the Policy Plan/Development Framework (September 1979). Roll call was taken o.n the motion=:. Ayes: Unanimous 81.192 Motion was made by Geisness, seconded by Antolik, to approve a resolution on the final approval by the Planning Commission of the Comprehensive .Plan as revised (see attachment). Roll call was taken on the motion. Ayes:•Jiarv.ey~, Johnson, Geisness,~Antolik. .Abstain: Grohoski. - ,1 . ~ ; , ~ a Mr. Grohoski explained he was not~asPfamiliar~with all~~el~ements of the Plan as was the rest of the Commission and therefore felt it advisable to abstain. . The-Commission reopened the tabled .discussion of the A cas requests pertaining to the Skelly Station at 167th and Cedar. Note was made that the neighbors concerned had left for the evening. The .Commission concurred that for the benefit of the neighborhood that the matter should be resolved. It was agreed, however, that the weather conditions of the evening might have posed a problem for the applicant. It was agreed that the hearing should be continued, but in respect of the.aeighborhood that the matter would be acted upon at the 3 December meeting. 81.193 Motion was made by .Antolik, seconded by Johnson, to continue the public hearing on Mr. Atcas requests unti] the 3 December 1981 Commission meeting. Roll call was taken on the motion. Ayes: Unanimous. Chairman Harvey asked if there were other items of business. Mr. Licht stated that a report to the Commission would be forthcoming on signs pending a staff meeting review of items. Mr. Narvey questioned the portable sign in the Engreen/ Gephart parking lot. Mr. Sid Miller and Mr. McGarvey stated the sign had been moved in without a permit by the Arts and Craft Show. Mr. Miller had advised the operator of significant violations which were subsquently corrected and that in view of compliance, a three day permit for a portable sign had been issued. 3 I +r Lakeville, Minnesota Planning Commission Fleeting 19 November.1981 81.194 Motion was made by Antolik, seconded by Geisness, to adjourn the meeting. Voice vote was taken on the motion. Ayes: Unanimous The Chairman adjourned the meeting at 8:50 p.m. Respe fullysubmitted, { F .ruin P. Geisness_, Secretary ATTEST: s at ck Harvey, Chairman • • 4 t Joseph J. Schweich . 19740 Kenwoad Trail Lakeville, MN. 55044 City of-hakeville Lakevi.Ile, MN. 55044 To '+Vhom it may concern: This Tatter i.s'to notify you that I Joseph J. Schweich will not be able to attend the meeting; tonight in regards to the street closi.n~* between the Wahl's and Rtidi~er's and Schweich's property Due to my health my heart doctor. tells me not to ~o to any meetings of this order. I also had my spine injected ,yesterday which means that I can. not sit for any ]en~th of time. For these reasons I am asking? if the street is not vacated as planned by the above people that it be tabled until I can het. my attorney to ~o to a meeting concerning this matter. Thank you, Josep}j ~T. Schweich • , Received by • Dated • . RESOLUTION • PLANNING COMMISSION CITY OF_LAKEVILLE DAKOTA COUNTY, MINNESOTA A RESOLUTION ADOPTING THE LAKEVILLE COMPREHENSIVE PLAN AS AMENDED. WHEREAS, preparation of the Lakeville Comprehensive Plan was undertaken in compliance with the Metropolitan Land Planning Act; and WHEREAS, the Lakeville Comprehensive Plan as revised is composed of the following documents: Comprehensive Community Profile, November 1976 Comprehensive Community Profile, November. 1977 Policy Plan/Development Framework, September 1979, Revised November 1981 Housing Plan, September 1979 Community Improvement Program, May 1980, Revised November 1981 Transportation Plan, December 1979, Revised November 1981 • Comprehensive Sanitary Sewer Plan, July 1979, Revised November 1981 Comprehensive Storm Drainage Plan - Phase II, December 1979; and WHEREAS, the Comprehensive Plan has been prepared and thoroughly reviewed by the Planning Commission; and WHEREAS, the Comprehensive Plan has been subjected to community and neighbor- hood review and formal public hearings; and WHEREAS, the Comprehensive Plan has been reviewed by adjacent and affected units of local .government; and WHEREAS, the Comprehensive Plan has been submitted to the Twin Cities Metro- politan Council for formal referral and that agency has determined that the Comprehensive Plan as revised is in general conformance with regional plans and statutory requirements; and WHEREAS, the Planning Commission after long and careful study of the Compre- hensive Plan finds that it is in the City's best interest to approve the Compre- hensive Plan as revised. .NOW THEREFORE, BE IT RESOLVED by the Lakeville Planning Commission: 1. The Comprehensive Plan as revised is approved by the Planning Commission.. • s 2. The revised Comprehensive Plan is hereby certified to the Lakeville City Council. 3. The Planning Commission recommends that the City Council adopt the Comprehensive Plan as its official development policy. 4. The revisions to the Comprehensive Plan be provided to adjoining and affected units of government for their comment. Adopted this / 9 day of ,/~~llt/~'<:-~ c' 1981. tric a vey, a' m n ATTEST: 2 ~ arvin P. Geisness, Secretary •