[0:04] [Music] [0:56] i call the May 22nd planning commission [0:59] meeting to order and would ask all the [1:02] commissioners to everyone to stand for [1:03] the pledge of allegiance [1:08] to the flag of the United States of [1:12] America stands [1:18] nationisible for all [1:25] miss Eric will you please take the role [1:28] please traffus here palooa here [1:32] zemerank Swainy [1:38] Thank you the next item on the agenda is [1:40] the approval of the minutes does anyone [1:41] have any changes for the May 8th [1:46] minutes if uh none then we'll let that [1:49] stand uh I would ask Miss Jensen if we [1:52] have any special announcements for [1:54] tonight thank you Chair Zimmer uh before [1:57] you you have the draft minutes from last [1:58] night's parks Recreation and Natural [2:00] Resources Committee uh with comments [2:02] about the reserve at Cedar Creek uh [2:04] agenda item uh tonight's items will move [2:08] forward to June 2nd if they are not [2:10] tabled and we have no agenda items for [2:13] our next planning commission so June 5th [2:15] will [2:17] begin excellent thank you so much uh the [2:21] next item on the agenda is uh Dr horton [2:25] uh public hearing to consider a variance [2:27] to the minimum required area and minimum [2:30] width of an attached garage of a single [2:33] family home located at [2:36] 4824 171st Street West and I believe we [2:40] have [2:41] uh Mr eric Gamrat here on behalf of Dr [2:46] hort [3:36] thank you very [3:38] much i did notice that thank [3:41] you have Miss Jensen to present uh on [3:45] behalf of the [3:48] city there we go all right good evening [3:53] commissioners this is a variance request [3:55] for garage size in the Brookshire [3:57] development [3:59] uh its location is on as we've said 4824 [4:02] 171st Street um which is just south of [4:06] 170th Street and west of the city [4:08] boundary with uh Empire south of U [4:12] Branch and Farm for general reference uh [4:16] this is the survey of the the property [4:19] um I know it's kind of a little tough to [4:21] read but it does um tell us here that it [4:24] is a slab on grade home um some of you [4:28] were on the commission when Brookshshire [4:29] was reviewed and approved they received [4:32] a a cup so that um a number of the lots [4:35] within the development can be a reduced [4:38] lot width to provide for additional lot [4:40] size variety so this is one of those [4:42] lots um that was allowed to be um just a [4:47] with a minimum lot width of 55 feet [4:50] instead of 70 um so it is uh narrower [4:54] than we typically see for single family [4:57] um but you can also see that there is uh [5:00] it looks like 10-ft setbacks on either [5:03] side and the district does have um 7 [5:06] foot sideyard setbacks so [5:09] uh this is the floor plan uh for the [5:12] garage or for the the home excuse me [5:15] showing the garage and it's a little [5:17] tough to read this but um the home or [5:20] the garage as it was constructed has an [5:22] interior area of 481 square feet and a [5:26] width of 20 ft um our ordinance does [5:30] require for homes without a basement for [5:32] single family homes that the minimum [5:34] garage be 540 square feet and 22 feet in [5:37] width um Dr horton submitted uh a [5:42] building permit for this home um and [5:45] there was an error made in the the home [5:47] design it did not include um the [5:49] additional five- foot bumpout that that [5:52] should have been there to to meet these [5:54] requirements when city inspection staff [5:56] reviewed it unfortunately they missed [5:58] that that part was missing as well um [6:01] and then the building permit was [6:02] approved the home was constructed and um [6:06] it was conveyed to the property owners [6:08] in March after which time they realized [6:10] that um it did not uh they inquired with [6:14] city staff about you know what the [6:16] minimum size were and that's when we [6:17] discovered the the error um I did work [6:20] with building inspection staff to go [6:22] back and look at other similar uh lots [6:24] within the Brookshshire development and [6:26] we did confirm that there are no other [6:28] lots that have been issued with permits [6:31] um that do not meet our minimum [6:32] requirements so this thankfully is the [6:34] only one um unfortunately that we we did [6:38] have it but there there are not others [6:40] that were constructed that did not meet [6:42] um our [6:44] requirements so um in a in an effort to [6:49] ensure that the the homeowners have a [6:52] home that is uh legal and conforming um [6:56] we brought forward this variance after [6:58] the fact um if approved it would be uh [7:02] recorded against the property for that [7:04] so um any future buyers or anyone would [7:08] see that despite the the garage size and [7:11] width it is considered a legal [7:13] conforming structure [7:15] uh so staff does recommend approval of [7:17] this variance uh and adopt the findings [7:20] of fact as presented and I will stand [7:22] for any questions you may have thank you [7:27] uh this is a public hearing and if you [7:30] would like to testify please write your [7:32] name on the list at the back of the room [7:35] and um now would be the time to come [7:38] forward if you do have uh questions or [7:41] you do want to testify at the public [7:43] hearing [7:56] we would ask that you state your name [7:57] and address for the record my name is [8:01] Julie Clug and we're at 17229 Durham [8:05] Drive in Lakeville at the Brookshshire [8:08] development and actually our yard is [8:12] attached to their yard very nice couple [8:15] um my question is this i tried to find [8:18] the information before we came after we [8:20] got the notice and my question is this [8:23] so are you ask are is it being asked [8:27] that space be added to the house or that [8:31] it just be legalized or approved as is [8:35] what our question is great thank you we [8:39] will be sure to have staff answer that [8:41] question okay i think we all know the [8:43] answer but I think it's important to [8:44] have it be official yeah because we want [8:46] to know because it affects our yard sure [8:49] i mean in the swale drainage etc etc etc [8:54] and we just wanted to know thank you [9:00] is there anyone else that would like to [9:02] speak [9:06] madam Chair Commissioner Kuza seeing no [9:08] one else come forward I move to close [9:10] the public hearing second all those in [9:12] favor i I public hearing is now closed [9:17] um we will address questions and I'll [9:20] ask staff to respond to one question we [9:22] had thank you Chair Zimmer um yes we are [9:25] uh with this process uh legalizing the [9:28] garage as constructed um the homeowners [9:32] should they choose in the future to add [9:34] on to the garage they would have that [9:35] ability to do so um but with this [9:38] variance that their structure would be [9:40] considered legal and conforming and they [9:42] would not be required to add additional [9:44] space to their garage excellent thank [9:46] you so [9:48] much now we're open for questions from [9:50] commissioners [9:54] uh Commissioner Travis uh my my question [9:57] was was there any thought given to [9:59] simply fixing the garage now as opposed [10:07] um I can let the representatives from Dr [10:09] horton explain better from my [10:11] understanding once the home has been uh [10:14] conveyed to the property owner um then [10:17] it's um no longer Dr horton having the [10:20] ability to just go in and and add on to [10:23] that um if it had been discovered you [10:27] know earlier in the process or during [10:29] construction perhaps there may have been [10:31] some ability but in this case the home [10:33] has been conveyed to the property owners [10:36] um so we don't really have the ability [10:38] to require that um to be done thank you [10:45] Madam Chair please go ahead Mr cla um [10:48] for variances there's kind of a list of [10:51] requirements in state law that you have [10:53] to meet for them and this is kind of the [10:56] reason why we have variances so uh this [10:59] totally fits within um uh those legal [11:04] requirements and [11:07] uh I'm supportive of the granting this [11:09] variance so that you know they they can [11:12] enjoy their home as as they built it and [11:15] um not have to worry about it if they [11:18] ever want to sell in the future [11:24] any other comments [11:28] and I believe we're ready for a motion [11:34] motion to recommend to city council [11:36] approval of the variance uh for an [11:39] attached garage less than 540 square ft [11:42] and a width of less than 22 uh feet for [11:46] a home at [11:48] 4824 171st Street second [11:54] uh thank you very much uh Miss Ericson [11:57] would you take the role [12:00] trafice hi hi Zimmer i Ike hi Swaney hi [12:06] Tinsley hi [12:09] thank you uh I think that's the first [12:11] time in my experience that Steph has [12:12] made an error so I'm glad to see we're [12:15] able to remedy it here and uh make it [12:18] work out for everybody thank you so much [12:19] for your patience with [12:22] us next item on the agenda is [12:26] um reserve at Cedar Creek again this is [12:30] a public hearing to consider the [12:31] application of a reserve at Cedar Creek [12:34] LLC for a preliminary plat of 48 single [12:37] family lots to be known as reserve at [12:39] Cedar Creek and the vacation of public [12:42] roadway drainage and utility easements [12:45] we have Mr john Anderson uh here to [12:50] present on behalf of the [12:57] applicant please identify yourself for [12:59] the record and uh go ahead yeah good [13:01] evening my name is John Anderson i [13:03] represent Brandle Anderson Homes and [13:05] Chris Contrarus is also here in the [13:07] audience with Brandle Anderson Homes and [13:09] we are proposing the reserve at Cedar [13:11] Creek it's a 48 lot single family [13:13] subdivision um it is uh north of County [13:17] Road 50 or 202nd Street and south of 200 [13:20] Street uh directly west of the villas at [13:22] Cedar Creek Development that Summergate [13:24] Development has developed uh there's two [13:26] properties involved two 10acre parcels [13:28] so two different land owners and uh the [13:31] plan is to come forward and uh get this [13:34] approved here this summer and construct [13:36] it grade it build the streets and have [13:38] building permits uh ready to go by fall [13:40] um the lots meet all the zoning [13:43] requirements for the current zoning [13:44] district and uh we've gone through you [13:47] know some substantial review as far as [13:49] the grading plans and things like that [13:51] and staff will probably touch on it but [13:53] there's also a flood plane study um [13:55] adjacent to us uh where a creek kind of [13:57] runs in that area and that will be put [13:59] into an outlaw and deed to the city and [14:01] preserved for future um open space i [14:04] guess there's also two storm water ponds [14:07] on the property they'll also be in the [14:08] outlots that'll be deeded to the city [14:11] and I guess uh uh we plan on building [14:13] all these lots um ourselves at this [14:15] point and uh there won't be any um HOA [14:19] for the neighborhood but there will be [14:20] covenants recorded against the lots but [14:23] no association dues or homeowners [14:25] association and um as I said uh once we [14:28] receive plary plat approval uh we're [14:29] going to go right into the final plat [14:31] submittal and try to get a grading [14:32] permit and start grading and tree [14:34] clearing and demoing the structures out [14:35] there so if you have any questions we'll [14:37] be here excellent thank you so much [14:40] thank you next we'll ask uh our staff [14:44] Miss Johnson to present [14:47] hello commissioners um as Mr anderson [14:51] said this is the reserve at Cedar Creek [14:53] Preliminary Plat and Easement Vacation [14:56] uh it is located north of 202nd Street [14:59] which is also uh County Road 50 just [15:02] east of city hall here between Glen [15:04] Brook Path which is in the Cedar Creek [15:07] Villas development and Hamburg [15:10] Avenue uh the two parcels are zoned RST2 [15:13] which is uh what many of them are in [15:16] that area that uh district does allow [15:18] single family detached town homes and [15:20] twin homes [15:23] uh this is the uh easements area that is [15:26] proposed to be um vacated um it is over [15:31] the roadway area as well as over the [15:34] creek um the road uh easement is no [15:37] longer needed as it will be platted as [15:39] rightway um the majority of the creek [15:43] will be uh within an outlot that comes [15:45] to the city and with the uh LOMAR the [15:49] letter of map revision that was recently [15:51] approved by FEMA for the creek um this [15:54] sliver of the easement up here that's [15:56] shown on these lots is no longer [15:58] required because the the map revision [16:00] has shown um that that is no longer a [16:03] part of that floodway so that is [16:06] um that is coming off of those lots um [16:10] as is no longer [16:11] needed um this is the existing [16:14] conditions it's a little tough to tell [16:17] but we have 200th Street here 202 at the [16:20] south there's a single family home on [16:23] each [16:26] parcel and then this is the proposed [16:28] preliminary plat um there's no direct [16:32] access to either 22nd Street or 200th [16:35] from uh this subdivision uh the the um [16:40] streets will be extended from the the [16:43] Cedar Creek Villas to the east and [16:46] through this development with a a [16:48] potential future extension here for the [16:50] property to the [16:52] west uh tree preservation this is the [16:55] the plan that identified the the trees [16:58] that are um on the site 857 of them um [17:03] we did share with you the the minutes [17:05] the draft minutes from park and wreck [17:06] last evening they had quite a discussion [17:08] on uh the tree removal proposed for this [17:12] site um understanding that our current [17:16] uh tree preservation ordinance um does [17:19] not prohibit the removal of these trees [17:22] um and their committee did unanimously [17:24] recommend approval of it however they [17:26] did add language encouraging the [17:29] developer to see if any of these trees [17:31] could be preserved and or adding um [17:35] additional trees back onto the site um [17:39] this is a little tough to tell but it is [17:41] the landscape plan i just wanted to [17:44] point out for you [17:47] um the they are proposing trees along [17:50] this north side the the units that back [17:52] up to 200 Street do not aren't required [17:54] to have a buffer yard 200th Street is a [17:57] m is a minor collector roadway where we [18:00] do not require [18:02] um buffer yard [18:03] plantings and then um at the south end [18:07] here these units these lots here abut [18:10] the storm water pond which then abuts [18:12] 202nd Street so those units are not [18:14] required to have um buffer plantings [18:18] either but the developer is proposing [18:20] some plantings in that area um the other [18:23] area that the park and recck group [18:24] talked about um was plantings along this [18:27] west side we don't require um like uses [18:30] to have buffer from each other so single [18:32] family to single family would not be [18:34] required to have a landscape buffer [18:36] certainly those future homeowners will [18:38] be free to plant in that area um if they [18:41] would like [18:43] so that is just a summary of that um [18:46] that is all I have for you tonight um if [18:49] uh the commission does uh choose to [18:51] recommend approval to the city council [18:54] staff does uh recommend that it be [18:56] subject to the seven stipulations that [18:58] were listed in the planning report and [18:59] I'll stand for any questions you may [19:01] have [19:03] thank you i'll reiterate that this is a [19:05] public hearing and if there's anyone [19:06] that wants to come forward on this issue [19:09] uh that now would be the time [19:15] seeing no one coming forward time for a [19:18] motion [19:20] madam chair I uh move to close the [19:22] public hearing [19:24] second [19:26] motion having been moved and seconded [19:29] all those in favor i I [19:32] opposed uh the public hearing is now [19:35] closed [19:38] um now we're open for questions from any [19:44] commissioners uh Madam Chair [19:47] Commissioner Travis um when I went to [19:50] look at the site um on 202nd Street [19:53] there's a a sign um for sale 10 acres i [19:57] was just wondering if that 10 acres is [20:00] somehow related to these uh to the [20:03] subdivision of 48 Homes is that is that [20:05] for sale sign include is it a different [20:07] 10 acres i guess [20:12] it looks like the answer is no [20:16] or was that a yes sorry I was looking [20:19] the other direction sign that [20:20] Commissioner Travis saw is for the the [20:22] south parcel that is being developed as [20:25] reserve Cedar Creek that's the So it's [20:27] this it's the southern half of the [20:30] subdivision that's the for sale sign is [20:32] is on that current property right now i [20:35] saw the sign and it said under contract [20:37] so I Okay I made that assumption that it [20:41] was moving along um I would have one [20:44] question if nobody else does if I can [20:46] ask um the city line or the outlot that [20:50] has the creek on it that is going to be [20:53] is that deed to the city and then the [20:55] city's going to do the maintenance for [20:56] the Yes it will be the city's area to [20:59] maintain so the city have requirements [21:02] for um landscaping for that area no the [21:07] the trees that are within that area are [21:09] being um maintained on the site i think [21:12] there's maybe one that's being removed [21:14] if I recall correctly it was nearly dead [21:17] or or heavily you know it had emerald [21:20] ash or something to that effect so we [21:22] would want that one removed but the the [21:23] remainder of the trees in that area are [21:25] being maintained on site [21:28] very good thank [21:30] you any other questions [21:35] madam Chair Commissioner Kuza I move to [21:38] recommend it to the city council [21:40] approval of the reserve at Cedar Creek [21:42] preliminary plat and easement vacation [21:44] subject to the seven stipulations listed [21:47] in the May 13 2025 planning report i'll [21:50] second that [21:52] motion having been moved and seconded [21:54] Miss uh Ericson will you take the role [21:56] please [21:58] kuza Zimmer I I [22:03] Tinsley I Travis [22:08] thank you motion prevails we appreciate [22:11] your investment in Lakeville and thank [22:13] you for all your work [22:16] uh next item is staff notices which I [22:19] think we already received and uh just to [22:22] reiterate that there is uh no meeting on [22:25] June 5th for the planning commission so [22:29] feel free to take the night off uh with [22:33] that I don't think that we have any [22:34] other [22:35] business meeting is adjourned