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HomeMy WebLinkAbout06-27-11City of Lakeville Council Meeting Minutes Special Session - Marion Conference Room June 27, 2011 Mayor Bellows called the special meeting to order at 5:57 p.m. Present: Mayor Mark Bellows Council Member Laurie Rieb Council Member Kerrin Swecker Council Member Matt Little Council Member Colleen LaBeau Also Present: Steve Mielke, City Administrator Daryl Morey, Planning Director Penny Brevig, Recording Secretary Item 2 — Schiller Variance Anthony Schiller is requesting Council approval of a variance to allow a reduced rear yard building setback for the construction of a deck onto an existing house located at 20177 Istria Path. Planning Director Daryl Morey presented the planning report. Mr. Morey stated that variances require a 4/5 vote from the Council and rather than have the Schiller's wait until July 18 when there would be a full Council present, a special meeting is being held tonight prior to the Council's work session. Mr. Morey indicated that there was no public comment at the Planning Commission meeting, but there were several e -mails in favor of their request. The Planning Commission recommended approval on a 5 -1 vote. Mr. Morey stated that staff has reviewed this request at length to see if there were other options to allow the construction of a deck onto the rear of the house without the need for a variance. He indicated that staff, at the recommendation of the City Attorney, is utilizing the new state legislation concerning variances that was passed last month and the amendment that will be incorporated into our Zoning Ordinance next month in their review of this variance request. Mr. Morey stated that the configuration of the adjoining lots and the shallow depth of the Schiller's lot were two factors that staff examined when reviewing this request. Mr. Morey stated that staff recommends approval of the variance subject to the 2 stipulations as recommended by the Planning Commission. Council Member LaBeau commented that the deck setback issue should have been caught with the original survey. Council Member LaBeau did not want to penalize the homeowner for the developer's and/or staff's mistake. CITY OF LAKEVILLE COUNCIL MEETING MINUTES JUNE 27, 2011 Page 2 Council Member Little asked if the Council will be provided with a summary /comparison of the new state legislation concerning variances. Mr. Morey indicated that this information would be provided to the City Council with the Zoning Ordinance amendment. 11.41 Motion was made by LaBeau, seconded by Swecker to approve the Findings of Fact and Variance for 21077 Istria Path to allow a reduced rear yard building setback for the construction of a deck onto an existing house, subject to the 2 stipulations as recommended by the Planning Commission. Roll call was taken on the motion. Ayes, unanimous. There being no further business, the meeting was adjourned at 6:05 p.m. The Council immediately adjourned to their scheduled work session. Respectfully submitted, Penny Bre , Recording Secret ry Mark Bellows, Mayor