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Home My WebLink About12-18-80 f Lakeville, Minnesota Planning Commission Meeting 18 December 1980 In the absence of Chairman Johnson, Vice Chairman Patrick Harvey called the meeting. to order. at 7:30 p.m..,.. .w~._.....,.. _ _ _ _ . . Roll call of members was tiaken: Present: Geisness; Harvey; Asmus; Enright. Absent: Antolik; Johnson; Rice ~I Also Present: Jim Johnson, City Engineer; Roger Knutson, City. Attorney; David .Licht, City Planner, j The Vice Chairman called for a review of the Planning Commission meeting minutes of 4 December 1980. 30.218 Motion was made by Asmus, seconded by Enright to approve the Planning Commission meeting minutes of 4 December 1980. Roll call was taken on the' motion. Ayes: Unanimous The Vice Chairman questioned Mr. Knutson on the proper procedure for considering the • various agenda items involving the. Lighthouse Ministries. Mr. Knutson advised. that the variance matters should be resolved first. The Vice Chairman opened the public hearing on the variance request by Orest M. Spande for lot width and area redwctions for the property identified as 10670 and 10672 West 162nd Street. Mr. Knutson advised that proper legal notice had been given. Mr. Ordean Spande appeared on behalf of the applicant. Mr. Licht explained the need for a variance in lot width due to .the change in zoning ordinance standards enacted by the City in July 1980. Mr. Harvey and Mr. Asmus also cited the area deficiencies and that the property in question required five acres per structure under-the ordinance existing at the #ime the building-- permit was requested. Mr. Asmus stated he had great concern that the ordinances were not followed and that people tend to do what they want in the City without regard. for established regulations. The problem at hand is the joint responsibility of the City, the County and the developer;, Mr. Bob Hoff, owner of the adjacent property to the east questioned his liability in entering into an off site parking agreement with Lighthouse Ministries. Mr. Knutson advised that Mr. Hoff had no responsibility, that the parking agreement if terminated orlallowed to lapse under private contract, would result in the City closing the church operation. Mr. Geisness questioned what would be gained by denying the request. He sated he saw no purpose in such .action. Chris Schumacher, Paster of Lighthouse Ministiries stated that the Commission was apparently making a judgement of motive whicE~ he questioned . He further indicated that everyone would be hurt by a negative action.' Mr. Curt Christensen, music director for the. church questioned • t. 4 j Lakeville, Minnesota Planning Commission Meeting 18 December 1980 what alternatives existed if the request was denied. Mr. Knu#son explained that the -.property would be classified as illegally •r?on+~om;forrning.. Mr. •L~~e$~rtfi~dw~i~~d-tyre°~C-omm'r~ss•ran - - that Mr. Antolik had contacted him prior to the meeting and was absent due to hospitalization. Mr. Antolik had requested that Mr. Licht make formal note of his objection to the request. 80.219 Motion was made by Asmus, seconded by Geisness to close the public hearing on the request. by Clrest Spande for Lot width and area requirements for the property identified as 10670 and 10672 West 162nd Street . Roll call was taken on the motion: Ayes: Unt~nimous " Mr. Knutson advised that separate motion should'be made for each property. 80.220 Motion was made by Asmus, seconded by Harvey to recommend to the City Council to deny the lot width and area variance request fdr the'.properfiy identifi~f `gas 1Ofs72 ` ` Mr. Geisness again questioned the purpose of such action by the Commission. Mr. Asmus stated that the Cc~m~mission~only recommends to the City Council and they can take what action they see fit. Mr. Asmus c6ritinued'that it is time for the Council and staff to take . y action to prevent such mistakes from happening in the future. Mr. Harvey stated more thorough evaluation should go into all 'requests. Additionally, if left as nonconforming the bui{ding would eventually be eliminated. He further stated that he felt a denial only affected sale of the property, not rental revenue. Roll call was taken on the motion. Ayes: Harvey; Asmus. Nays: Geisness, Enright. Mr. Knutson advised the Commission that the motion had failed. Mr. Geisness questioned if the timing of the decision affected the sale of the property. Mr. Spande stated that the purchase agreement had already been extended and that further delays would cause problems . 80.221 Motion was made by Geisness, seconded by Enright to forward the variance requests for 10670 and 10672 West 162nd Street to the City Council without recommendation by the Commission. Roll call was taken on the motion. Ayes: Geisness, Enright. Nays: Harvey, Asmus. Mr . Knutson advised the Commission that the motion failed . • 2 t.N` s' I:akevi{Ie, Minnesota-. • Planning Commission Meeting 18 December 19$0 80.222 Motion was made by Asmus, seconded by Harvey to table action on the request and continue discussion of the'', matter as the first item of business at the. 8 January 1981 Commission meeting. ' RoIC call was taken on the motion. Ayes: Unanimous Vice Chairman Harvey reopened the public hearing on the conditional use permit requests of the Lighthouse Ministries: Representatives of~the church indicated they had no further statements to make. Mr. ~Spande stated he was being unfairly penalized. All action at the time of the permit which tfhe City requested was complied with. He suggested that he, the church and the City get oh with and finalize the matter. Mr. Harvey voiced concern over sewer servicesto the;prope~rtles. Mr:.;S~pande indicated that the City .Plumbing Inspector had reviewed this matter cpnd that they would comply with his recommendations as summarized in his letter of 15 December 1980. Mr. C=eisness stated that he believed..the matter was being pushed too far by tl~e Commission aril that it was attempting to exercise questionable power . 0.223 Motion was made by Asmus, seconded b Geisr~es to,, ontinu rh ub,lie earin J on the conditional use permit req''uests of Lighthouse Ministries,until„the 8 January'19$1 meeting. _ - ~ . Roll call was taken orr the, motion: °-Ayes:. Unanimous 80.224 Motion was made by Asmus, seconded by Enright to request the City Council to have the City Building Inspector and State Fire Marshall investigate the structural condition of the Seagirt lnn. Roll call was taken on the', motion. Ayes: Unanimous . Mr. Licht presented a memorandum dated 1$ December 1980 to the Commission summarizing the issues identified so fare' in the Re naissance•Festival application a,nd a-suggested procedure for concluding the public hearing on the request. Mr. Asmus requested that the Ci#y Engineer give a presentation to the Commission of the utility service alternatives available to the site . 80.225 Motion was made by Enright, seconded by Harvey to hold a special Planning Commission meeting on 6 January 198 at 7:00 p.m. in the City Council Chambers for selection of Commission officers for 191 . Roll calf was taken on the motion. Ayes: Geisness, Harvey, Enright. Abstain: Asmus 3 ~`a Lakevil{e, Minnesota Planning Commission Meeting 18 December 1980 ~ • 80.226 Motion was made by Asmus, seconded by Geisness to adjourn the meeting. Voice vote was taken on the motion. Ayes: Unanimous Vice Chairman Harvey adjourned the meeting at 9:30 p.m. Respectfully submitted, arvin P. eisness, ecre ary ATT tric Harvey, Vice hai an • 4