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HomeMy WebLinkAbout05-06-76 1 ` LAKE.'VILLE PL~":NNING COA~`~iISSIOPd I~~ETIIVTG I~'I~'UTES THURSDAY MAY 6, 1976 Mi7NICIPAL BUILDING AIRLAKE INDUS'~RIAL PK Answering roll call at 8 PM were: Chairman Antolik, Lutgens, Jojade, Campbell, Hazel, and Spande. 76.60 Motion Lutgens-Spande to approve the minutes of the meeting held April 15th. "Aye", Antolik, Lutgens, Jojade, Campbell, Hazel, Spande--motion carried. Mr. Jim Weitzel was present and showed plans for building on his property at 162nd St and 35W East Service Road. 76.61 Motion by Spande-Campbell, to approve this plan (above), with stipulation that we receive a report .from the Building Inspector that it has his approval. "Aye", Spande, Hazel, Campbell, Jojade, Lutgens, Antolik--motion carried. Attorney attested to legality of G. Lejchar public hearing. Mr. Gerald Lejchar was present for his application for a hearing for a variance request to make Lot 7, Block 2, Dakota Heights ~+th Addition, 17770 Iten Court North, buildable. He stated that he presently has a home located on Iten Court South, and that he has been watching the drainage, closely, on Lot 7, and does not plan on changing it too much from its natural state, absolutely not any more than necessary. It is agreed that the installation of a culvert is necessary--and probably a 12" one. G. Spande asked if there wQUld be rip-rap on the ends of the culvert--answered "yes". Mr. James Hall., owner of adjacent lot to Lot 7, was present at the hearing and wished to view the Lejchar building plans. The question was asked by member of Commission . "what direcetion does the water flow?" --answer, "towards Mr. Lejchar's lot." Mr. Lejchar stated he is anxious to begin--"prices of building materials have gone up at least twice since I applied for this permit, can I begin?" He was answered that the Planning Commission is a recommending bad only,. Council will give a decision, he must wait for City Council approval. 76.62 Motion by Hazel-Jojade to close application for variance hearing for Mr. Gerald Lejchar. ".Aye", Hazel, Campbell, Jojade, Lutgens, Antolik, Spande--motion carried. L. Hazel commented, "make sure you. don't upset the natural drain" and "use large- enough culvert", if variance is granted. 76.63 Motion by Hazel-Campbell to recommend approval of variance for G. Lejchar on Lot 7, Block 2, Dakota Heights ~+th Addition, 17770 Iten Court No., subject to written suggestions of Building Inspector, which had been received. "Aye", Campbell, Jojade, Lutgens, Antolik, Spande, and Hazel--motion carried. Public hearing of petition of majority of property owners to vacate alley lying east of Midwest Federal Bldg, present Enggren's Foods, and Ge phart's Store, (south boundary), was begun. Atty G. Nord spoke for the applicants. 2'he part of the alley bounded by two homes, East of the proposal, would not be vacated. Ownership of property vacated reverts to the landowners. 76.6+ Jojade-Spande motioned to close the above public hearing. "A.~'e", Jojade, Lutgens, Antolik, Spande, Hazel, and Campbell--motion carried.. • 76.65 Jojade-Campbell motioned to recommend approval of vacating alley portion mentioned above paragraph and motion ~76.6~+. "Aye", Lutgens, ~`ntolik, Spande, Hazel, Campbell, Jojade. Motian carried. (1) P.C. minutes 5/6/76 Planning Commission l~ieeting Minutes (2) 6 I~~1ay 1976 ~~r. Michael C. Nelson was present, applicant at a public hearing asking for variance'. set-backs for attached two-car--garage on his property at .16510 Gannon Av., Lot 8, Block 6, College Park 2nd Addn. He is asking for a 3-ft variance in front and 12 ft variance on • sideyard. He explained that there are two utility poles in his yard, making. .building the garage difficult, and "back yard is pitched toward the house", "electric service would have to be tee-located, without a variance". In memo from PW Director Robinette to P. McGarvey, "we may. okay this provided. the following conditions be met, (a) the homeowner will sign a damage release to the electric company, and (b) the electric company approves the plans as to their legality." Nir. A~cGarvey stated, "needs approval of utility company, but because. of height of wires, it does seem it may be allowed." When asked his opinion in the matter, Attorney Knutson said, "if you find there is a hardship, grant the variance". Planner Ryan, "finding there is no hardship, deny it. There does seem to be some benefit to allow. The sideyard variance will likely set a precedent." 76.66 Campbell-Jojade motion to close public hearing of applicant Michael C. Nelson for variance set-backs for garage at 16510 Gannon Av. "Aye", Lutgens, Antolik, Spande, Hazel, Campbell, Jojade--motion carried. Comment, By L. Hazel, "I'm personally concerned, but neighbors did not show up, so apparently they are not concerned." Attorney Knutson, "you can consider the utility easement". 76.67 Spande-Lutgens moved that we recommend granting a variance to side yard of $2 feet, and deny the variance in front yard of twenty-seven feet. "Aye", Antolik, Spande Hanel, Campbell, .Jojade, and Lutgens--motion carried. • Public hearing of Mr. David G. Burbank 16616 Flagstaff Av., Lot 15, Block Valley Park 8th Addn, was begun. He was the applicant for height variance for fence. P~Ir. Burbank said his proposed fence would range in height from ~+2" to 72"--an alternating board upon board, cedar fence--x,000-worth of snowmobile and X6,000-worth of boat to shield from sight" and protection for small child. He said he has a 2~' x 22' garage at present,. two-car garage. Attorney Knutson commented, "if them is a hardship cau~.ed by the nature of his property, then a variance can be granted". 76..68 T~iotion b~T Lutgens-Hazel to close above hearing of Mx. Burbank's application for fence height. variance. "Ayes, Spande, Hazel, Campbell, Jojade, Lutgens, and Antolik. Motion carried. 76.69 Motion to deny variance to height of fence for Mr. Burbank by Hazel-Campbell. Voting to deny--Hazel, Campbell, Jojade, Lutgens, Antolik--variance denied. Reason given by L. Hazel--"don't see hardship, don't see a need for variance". All others concurred. Discussion with NTr. Joe Schweich on question of zoning at building located SE corner of 185th St. and Hwy 50, was next topic. An interested buyer of the property, a dentist, Dr. I3oglund, would lute the. acre. the building is on to have commercial zoning, as previous Townboard had issued, and the remaining ~ acres be R-1C. He does not like the non-conforming .use, according to Ntr. Schweich,. Pat McGarvey spoke, saying he has not yet seen a map, City of Lakeville map, where this piece of property is not zoned R-1C. Attorney Knutson said if this building remained empty for one year, or burned, then there could be no more commercial use made. of the property However, City ordinance does allow for it presently to be remodeled, or made more livable, but not enlarged. (2) PC meeting minutes May E ~la~aning Commission meeting r.~inutes (3) 6 T•7ay 1976 I7r. Hoglund washed to know if exceptions could be put in "af County widens the road, 185th Street, or the building burns, can he build to the back of the one acre which is the site of the building?" Attorney said there would be two options: (1) ask for re-zoning, or (2) go ahead and remodel. reminder was made that there is a 30-ft set-back required. • The eighth item on the agenda, adoption of resolution recommending that the City Council adopt a limited moratorium on the issuance of building permits for pole-type buildings, was next item of business. The opinion was voiced that the Supreme Court would probably uphold such a moratorium. P.McGarvey suggested that just F-R zoned properties be permitted to build this type of building, but, in the case of farmers, the moratorium would not apply. Also would make six months the tir~2 lamat, instead of three months. 76.70 Jojade-Hazel moved to adopt the 8th item on the agenda, (which as stated at the above paragrapy), based on six months' time limitation, and the moratorium effective in all zoning districts, except the F-R district, except for farmers. A11 members voted "aye"--Antolik, Hazel, Campbell, Jojade, and Lutgens. Motion carried Further discussion on Motion No. 76.50, public hearing of John Greaves to store semi- trailers on his property in Argonne Farms, began. Mr. G. Nord, representing Mr. Greaves, further commented."I disagree with Mr. Knutson's opinion, and if you do as suggested, you will be building. an inflexibility into your ordinance, which is bad in a growing community". Mr. Kent Matzek, resident on Jonquil Av., said he was not able to attend the last meeting and asked for a summary. Mr. Knutson gave a resume' of what had taken place and said"there is no vehicle in the ordinance far allowing " the request of the applicant, "under no cireurnstances", Planner commented "geographically, at wav envisioned for more. urban-type zones". • 76.71 Lutgens-Campbell. motioned to recommend denial of Mr. J. Greaves. request to park semi-trailers on his property at Argonne Farms, based on letter written concerning this matter, dated April 20th, received from Attorney R. Knutson,. and .the ordinance does not allow this type of ..parking, All members voted to deny--Lutgens, Antolik, Hazel, Campbell, and Jojade.. h'totaon to deny carried. Mr. Knutson said a text amendment could probably be requested. Planner S. Ryan, when asked, said "they are accumulating data and are in process of completing the actual document within, probably one and one-half months, for review by Planning Commission and Gity Council--that they are presently waiting. for systems statement from Metro Council". Mr. Felix Tillges wished to discuss plans of Engineered Specialties for an addition to their building on 207th St. This property is zoned I-2, and the map shows a 60-ft Y~ight of way. Mr, Tallges will apply for a public hearing for the first meeting in June to request a variance to build this office addition, {June 3rd). Mr. Bob A1ieh wished to discuss his plans for building a concrete-block building .for storage purposes, similar. to Knox .Lumber Co.'s. This building would be 1oeated on Hwy 70 210th St, near 35W. It will also include living quarters for a manger. This is in a B-~+ zoning, but the site he has selected will require a variance to build below-grade. It was suggested .that he build in Airlake Industrial Park, but Mr. Alieh felt that Hwy 70 would be better for him. This matter will be an agenda item for June 3rd meeting. • NIr. Ray Brandt, Golden Leaf Forest representative, asked for. more dis~~ssaon. Engineer Bob Rosene said he "has seen these pans. Although unhappy with the grade, with the topography here, it is acceptable." There is a l0~ grade--more than the ordinance allows (8~). Mr. Brandt will attend a staff meeting on this., P~onday, Nay 10th. (3) P.G. Minutes May 6, 1976 ,Planning Commission meeting minutes 6 D~~y 1976 J. Joj~,d.e next brought up the matter of uncapped basements in Valley Park. G. Spande requested a copy of Engineer's report on status of City projects. He was told there was one available. --Also, "How are you coming on financial report?" Answer--"will be finished shortly--early July." 76.72 T~4otion to adjourn the meeting--10:50 PM, by Jojade-Campbell. NIotion carried. Respectfully submitted, Wilmot Campbell, Secretary mek (zl-) P.C. meeting minutes May 6, 1976 x • S U M M A R Y PLANNING COMZ~IISSION 1'^~:?ETING MINUTES THURSDAY MAY b, 1976 MUNICIPAL BbILDING - AIRL~-,.~ PARK 8soo PM Present: Antolik, Lutgens, Jojade, Campbell, Hazel, Spande. Planner Ryan, Attorney Knutson, Engineer Rosen.e, Administrator McGarvey 1, Mr. Jim t~Teitzel showed plans far building on his property at lb2nd St. and Hwy 35W East Service Road. --No. 76.61, recommendation of approval of these plans, with stipulation that we receive a report from. the Building Inspector that it has his approval. 2. Public hearing of Mr. G. Lejchar fqr variance to make buildable Lot 7, Block 2, Dakota Heights ~+th Addition, 17770 Iten Gourt North, was held • Motion No. 76.63 recommended approval of thistiariance, subject to written suggestions of Building Inspector, which had been received by the Commission. 3. Public hearing of petition of majority of property owners to vacate alley behind Midwest Federal Bldg was. begun. ,Attorney G. Nord represented the property owners. Ownership of property vacated, if so done, reverts to the landowners. Motion No. 76.65 recommended .approval of .vacating this alley portion. 4. Mr. Michael G. Nelson was the applicant at a public hearing. requesting variance set-backs for attached two-ear garage on his property in Valley .Park at 16510 Gannon Av. .Utility poles make this petition unique, and the pitch of .the property, Motion No. 76.67 recommendee granting a variance in aide-yard but denied variance in front yard. 5. Public hearing of applicant Mr. David G. .Burbank, 16616 Flagstaff Av., for fence .height variance was .heard. Motion No. 76.69 was to deny this application. 6. Discussion with Mr. J. Schweich and Dr. Hoglund regarding building zoning at corner of 185th St. and Kenwood Trail. They are mainly con- cerned with the zoning for the 1-acre of the five-acre piece here, which contains the building, in order that Dr. Hoglund, who is a dentist, can practice here.. They were told that, although Townboard had undoubtedly zoned this property for commercial use, the zoning map for the City of • Lakeville zones it R-1C. In the event the building is unoccupied for a year, or it is destroyed by fire, etc., ---they have two options (1) ask for re-zoning, or (2) go aYiead and remodel. (1) Summary P.C. meeting May 6, 1976 • • Summary rlanning Con~russion Meeting ~~inutes (2) Peiay 6, 1976 7. P~I~ition No. 76.70 was to recommend adoption of resolution to curb building permits for pole-type buildins. It was recommended that • the moratorium be limited to six months, and not apply to F-Rezoning. 8. Motion No. 76..71 was to reco~anend denial. of Mr. J. Greaves request at a public hearing for a variance to, park semi-trailers on his property in .Argonne Farms. 9. Planner S. Ryan gave a report' progress report~Comprehensive Plan, wi11 be ready for reviewal, probably, within 12 months. 10. Mr. Felix Tinges will be the applicant for a variance for Engineered Specialties to construct office addition. This will be an item at June 3rd meeting. 11. Mr. Bob A1ich wishes to apply for below-grade variance for building construction at corner of Hwy 70 and 35W. This will also be an agenda item for. June 3rd. 12. Mr. Ray Brandt, Golden .Leaf Forest representative, will attend a Staff Meeting on P~londay, May 10th, concerning his plat. 13. Uncapped basements in Valley Park were an item for discussion. 1~+. Engineer's report on status. of City projects is requested. 15. Question was asked on progress of financial report. Expect it will be completed by early July. 16. Adjourn •