HomeMy WebLinkAboutFebruary 12, 1006
REGULAR PLANNING COMMISSION AGENDA
MONDAY, February 12, 1996
7:00 p.m.
1. Call Meeting to Order:
2. Roll Call:
3. Approval of Minutes:
4. Public Hearings:
Consider an Amendment to the Zoning Ordinance regarding driveway width.
Consider an Ordinance amending Title 5, Sections 5-5-10, of the City Code and
Sections 6.11 (E) of the Prior Lake Zoning Ordinance 83-6.
5. Old Business:
6. New Business:
The Wilds
7. Announcements and Correspondence:
8. Adjournment:
16200 &i@le~k Ave. S.E., Prior Lake, Minnesota oo8i72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MINUTES
January 22,1996
The January 22, 1996, Planning Commission Meeting was called to order by Chairman
Kuykendall at 7:06 p.m. Those present were Commissioners Criego, Kuykendall, Loftus
and V onhof, Planning Director Don Rye and Associate Planner Michael Leek.
ROLL CALL:
Criego
Wuellner
V onhof
Loftus
Kuykendall
Present
Present
Present
Present
Present
REVIEW MINUTES OF PREVIOUS MEETING:
Spelling correction on Criego.
MOTION BY VONHOF, SECOND BY CRIEGO TO APPROVE THE JANUARY 8,
1996 MINUTES.
Vote taken signified ayes by Loftus, V onhof, Criego and Kuykendall. Wuellner was not
present at the meeting and abstained from voting. MOTION CARRIED.
PUBLIC HEARINGS:
V A96-02 BRIAN CARLSON - REQUEST FOR A WEST SIDE YARD SETBACK
VARIANCE TO PERMIT A SETBACK OF 7.6 FEET INSTEAD OF THE REQUIRED
10 FEET AND A LAKE SHORE SETBACK VARIANCE OF 56 FEET INSTEAD OF
THE REQUIRED 75 FEET RELATED TO CONSTRUCTION OF A GARAGE AND
PORCH ADDITIONS, RESPECTIVELY, TO AN EXISTING HOUSE ON
PROPERTY LOCATED IN THE R1-SUBURBAN RESIDENTIAL AND SD-
SHORELAND DISTRICT.
Associate Planner Michael Leek presented the Staff Report dated January 22, 1996. Staff
concluded reasonable use of the property currently exists. Legal alternatives exist to
accomplish the applicants' objective, thus the Ordinance criteria have not been met.
Recommendation is to deny the application.
Applicant Brian Carlson, distributed pictures of his home and property. Mr. Carlson
withdrew his request for the garage variance. He further explained he and his wife were
dumbfounded on the major process of getting the variances. Mr. Carlson feels all the
requirements are met and further explained the hardship is with the change in the
MN012296 DOC
PAGEl
Ordinance since they bought the house. He meets the DNR regulation setback of 50 feet.
Mr. Carlson pointed out previous lake shore variances granted. The Carlsons feel their
only alternative is to move the house back and that is not economincally viable.
Comments from the Commissioners:
V onhof:
. Question regarding DNR regulations.
. Placement parallel to street.
Wuellner:
. No questions, has other options.
. Disagrees with the option to take the house down.
Criego:
. No questions, has a lot of empathy.
. Applicant has a large lot but the hardship has not been met.
Loftus:
. F eels there is a hardship with the 904 foot lake level.
. Should take the porch off.
Kuykendall:
Questions regarding accessory storage and slopes.
MOTION BY WUELLNER, SECOND BY VONHOF, TO DENY THE
APPLICATION FINDING A LACK OF HARDSIDP.
Discussion:
Lack of hardship and other options.
Vote taken signified ayes by Wuellner, V onhof, Criego, Loftus and Kuykendall.
MOTION CARRIED.
5. Old Business:
Hackett Resolution-96-03PC A RESOLUTION GRANTING VARIANCES TO
PERMIT A SIDE YARD SETBACK OF 4.5 FEET ON THE WEST AND A SIDE
YARD SETBACK OF 5.5 FEET ON THE EAST INSTEAD OF THE REQUIRED 10
FEET TO PERMIT AN ADDITION TO AN EXISTING RESIDENCE ON PROPERTY
LOCATED IN THE RI-URBAN RESIDENTIAL ZONING DISTRICT AND SD-
SHORELAND DISTRICT AT 3508 SYCAMORE TRAIL.
MN012296 DOC
PAGE 2
Michael Leek explained the circumstances regarding the need for a change in Mr.
Hackett's request. The need for an increase setback resulted from a lack of information
on the plans showing cantilevered overhangs. Mr. Hackett further described the situation
and asked the Planning Commission to consider his request at a new hearing.
There was considerable discussion by the Commission regarding the basis for dealing
further with this issue. It was the consensus of the Commissioners that the variances
which were approved at the last meeting were sufficient. The Planning Director indicated
the Commission would act on the Resolution as it stood and consider a further hearing on
the requested increase.
MOTION BY LOFTUS, SECOND BY VONHOF TO APPROVE RESOLUTION 96-
03PC.
Vote taken signified ayes by Loftus, V oOOof, Criego and Kuykendall. Wuellner
abstained from voting. MOTION CARRIED.
MOTION TO REOPEN THE PUBLIC HEARING BY LOFTUS, SECOND BY
CRIEGO.
Vote taken signified ayes by Loftus, Criego and Wuellner, nays by V oOOof and
Kuykendall. MOTION CARRIED.
The meeting was adjourned at 9:05 p.m.
Don Rye
Director of Planning
MN012296.DOC
PAGEl
PLANNING REPORT
PRESENTER:
PUBLIC HEARING:
DATE:
1
PUBLIC HEARING TO CONSIDER AN AMENDMENT
TO THE ZONING ORDINANCE REGARDING
DRIVEWAY WIDTH.
DEB GARROSS, ASSISTANT CITY PLANNER
_X_ YES _NO-N/A
FEBRUARY 12, 1996
AGENDA ITEM:
SUBJECT:
INTRODUCTION:
The purpose of this item is to consider an amendment to Prior Lake Zoning Ordinance
83-6 to add driveway width standards for all properties.
BACKGROUND:
Section 6.5D. states: "All offstreet parking areas shall have access from driveways rather
than from public streets. Said driveway access shall be limited to twenty four (24) feet in
width at the public street line." The provision is part of the "General Regulations"
section of the Zoning Ordinance. The driveway width limitation of twenty-four feet is
appropriate for residential driveways however does not provide adequate width for
commercial, industrial and institutional type uses. This provision was not a concern in
the past due to the limited amount of commercial/industrial development. However, with
the advent of the Business Office Park and other non-residential development, it is
necessary to amend Section 6.5D to provide adequate driveway width for uses other than
residential.
DISCUSSION:
The proposal is to amend the Zoning Ordinance to rewrite Section 6.5D as indicated on
the attached draft Ordinance. The proposed regulations identify residential driveways
shall not exceed twenty-four feet. A separate provision specifies the maximum driveway
width shall not exceed thirty-six feet in width. In addition to the Zoning Ordinance
amendment, the Prior Lake Engineering Design Guideline Manual will include the
attached illustration page indicating the "Typical entrance for Commercial and Industrial
Properties." The amendment and illustration page will address driveway width and
construction standards for all future development, other than residential.
ORlVEPC.OOC
16200 ~le Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
AL TERNA TIVES:
1. Recommend the City Council approve the amendment as presented.
2. Recommend the City Council approve the amendment with changes directed by
the Planning Commission.
RECOMMENDATION:
Alternative # 1 or 2, based upon discussion by the Planning Commission.
ACTION REQUIRED:
A motion to recommend the City Council adopt the proposed amendment as written or
with changes directed by the Planning Commission.
A separate motion to close the public hearing is in order.
DRIVEPC.DOC
DO
CITY OF PRIOR LAKE
ORDINANCE NO. 96-
AN ORDINANCE AMENDING TITLE 5-5-5 (D) OF PRIOR LAKE CITY CODE AND
AMENDING SECTION 6.5>>. OF PRIOR LAKE ZONING ORDINANCE 83-6.
The City Council of the City of Prior Lake does hereby ordain:
Title 5-5-5(0) of Prior Lake City Code and Section 6.50. of Prior Lake Zoning Ordinance 83-6
are hereby amended to read as follows:
O. All off street parking areas shall have access from driveways rather than from public
streets.
1. For residential uses, said driveway access shall not exceed twenty-four (24) feet
in width measured at the curb or edge of the street in the case where no curb
exists.
2. For all other uses, said driveway access shall not exceed thirty-six (36) feet in
width measured at the street right of way line.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this _ day of
,1996.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
,1996.
Drafted By:
Popham, Haik, Schnobrich & Kaufman
Suesan Lea Pace, Esq.
222 South 9th Street
Suite 3300
Minneapolis, MN 55402-3336
"DRIVEORD"
NOTE: 7" MIN. THICKNESS REQUIRED
ON ENTIRE APRON.
Flow Line
'- I min. sloPe= 1/2% ~
~ f I> ....~~..
,".G tt' t ' , " -" ~'I"" . ',).P!6~1 ' .',...\
.~. tI e . ". ~ i.~ i'. j ,. '-r:'-~
--..;~ ,','.. I' '~
t
A-A
+- 30' TO 36'
CURB
r----
I
I
t i
- \C') I
~I
. ~
TYPICAL, ENTRANCE FOR
COMMERCIAL AND INDUSTRIAL
PROPERTIES
1. WHERE NEW DRIVEWAYS ARE TO BE ADDED ACROSS EXISTING C&G,
REMOVE EXISTING CURB AND GUTTER AND REPOUR INTEGRAL WITH
THE CONCRETE ENTRANCE.
2. CONCRETE APRON SHALL BE REQUIRED FOR ALL COMMERCIAL AND
INDUSTRIAL ENTRANCES AND APARTMENTS OF MORE THAN 4 UNITS.
3. REQUIRED MIX DESIGNATION ~S 3A32.
DATE
fElr6-.
PLATE NO.
COMMERCIAL AND INDUSTRIAL
CONCRETE ENTRANCES
NOTICE OF PUBLIC HEARING TO CONSIDER
AN AMENDMENT TO PRIOR LAKE ZONING ORDINANCE 83-6
ADDING DRIVEWAY WIDTH REGULATIONS
You are hereby notified that the Planning Commission will hold a public hearing at Prior
Lake Fire Station #1, located at 16776 Fish Point Road, SE (Southwest of the intersection
ofCR. 21 and Fish Point Ro~d), on Monday, February 12,1996 at 7:00 p.m. or shortly
thereafter.
The purpose of the public hearing is to consider a proposed change to the Prior Lake
Zoning Ordinance establishing a maximum driveway width of thirty six (36) feet for all
land uses other than residential.
If you desire to be heard in reference to this matter, you should attend this public hearing.
The Planning Commission will accept oral and or written comments. If you have
questions regarding this matter, contact the Prior Lake Planning Department at 447-4230.
~~
Deb Garross
Assistant City Planner
To be published in the Prior Lake American on Saturday, January 27, 1996.
DRlVPN.DOC
16200 ~Ie Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245iAN EQUAL OPPORTUNITY EMPLOYER
PLANNING REPORT
PRESENTER:
PUBLIC HEARING:
DATE:
2
PUBLIC HEARING TO CONSIDER AN AMENDMENT
TO THE ZONING ORDINANCE REGARDING
FENCES IN THE SHORELAND DISTRICT
R. MICHAEL LEEK, ASSOCIATE PLANNER
_X_ YES _NO-N/A
FEBRUARY 12, 1996
AGENDA ITEM:
SUBJECT:
INTRODUCTION:
The purpose of this item is to consider an amendment to Prior Lake Zoning Ordinance
83-6 to add standards for fences in the lake shore setback area of lots in the Shoreland
District
BACKGROUND:
Based on complaints received by the City Council, staff was directed to research whether
or not other communities limited fences in the lake shore setback area. The Building
Department staff contacted 13 communities. The results of this survey are set forth in the
report to the City Council dated December 4, 1995, a copy of which is attached to this
report. At the meeting of the same date, the City Council directed staff to prepare an
ordinance amendment consistent with the approach adopted by the City of Maple Grove.
The attached draft follows that approach.
DISCUSSION:
The proposal is to amend the Zoning Ordinance to rewrite Section 6.11E to permit fences
within the lake shore setback area, but to limit them to 5 feet in height and "chain link
visibility" .
ALTERNATIVES:
1. Recommend the City Council approve the amendment as presented.
2. Recommend the City Council approve the amendment with changes directed by
the Planning Commission.
FENCEPC.DOC
16200 ~Ie Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ACTION REQillRED:
A motion to recommend the City Council adopt the proposed amendment as written or
with changes directed by the Planning Commission.
A separate motion to close the public hearing is in order.
FENCEPC.DOC
RML
DRAFT
CITY OF PRIOR LAKE
ORDINANCE NO. 95-XX
AN ORDINANCE AMENDING TITLE 5, SECTIONS 5-5-10, OF THE CITY
CODE AND SECTIONS 6.11(E) OF THE PRIOR LAKE ZONING ORDINANCE
83-6.
The City Council of the City of Prior Lake does hereby ordain:
Title 5, Section 5-X-X of the City Code and Section 6.1l(E) of the Prior Lake Zoning
Ordinance 83-6 are hereby amended to read as follows:
6.11 SCREENING
E.(l) Shoreland District Lakeshore Setback Fences. Fences to be located
within any portion of the seventy-five (75) foot lakeshore setback area of the
Shoreland District lot must comply with the special provisions of this Section.
Fences constructed within the lakeshore setback area shall not exceed a
maximum of five (5) feet in height, and shall maintain see-through visibility at
least equal to a chain-link type fence. Fences existing on the date of passage of
this section which do not meet the above criteria shall become legal,
nonconforming, and will thus be subject to Section 6.1 of this ordinance. Fences
required by Title 4 Chapter 4, Residential Swimming Pools, of the City Code are
exempt from the requirements of this section.
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this _ day of
, 1996.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
Drafted By:
City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, Minnesota 55372
DRAFT
, 1996.
2
NOTICE OF PUBLIC HEARING TO CONSIDER AN AMENDMENT TO PRIOR
LAKE CITY CODE TITLE 5, SECTION 5, AND SECTION 6.11E OF THE
PRIOR LAKE ZONING ORDINANCE.
You are hereby notified that the Prior Lake Planning Commission will hold a public
hearing at Prior lake Fire Station #1, located at 16776 Fish Point Road SE. (Southwest of
the intersection of County Road 21 and Fish Point Road), on Monday, February 12, 1996,
at 7:00 p.m., or as soon thereafter as possible. The purpose of the public hearing is to
consider an amendment to Section 6.11E: Screenings. The proposed amendment affects
the location, height and opacity of fences in the SD - Shoreland District.
If you wish to be heard in reference to this item, you should attend the public hearing.
Oral and written comments will be considered by the Planning Commission. If you have
questions regarding this matter, contact the Planning Department at 447-4230.
Prepared this 22nd day of January, 1996 by:
R. Michael Leek
Associate Planner
City of Prior Lake
TO BE PUBLISHED IN THE PRIOR LAKE AMERICAN ON JANUARY 27 AND
FEBRUARY 3, 1996.
16200 ~€~~LS.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
AGENDA #
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
PORT
7B
R. MICHAEL LEEK, ASSOCIATE PLANNER
GARY STABER, BUILDING OFFICIAL
CONSIDER REGULATIONS REGARDING FENCES IN
THE SHORELAND DISTRICT
DECEMBER 4, 1995
Some months ago, the City Council was addressed by Linda Wiecher,
5455 Shore Trail NE about a fence which had been constructed in the
lakeshore setback area. Prior Lake does not presently regulate such
fences. Staff was directed to contact other communities to determine
what, if any I regulations they had related to fences in the lakeshore
setback areas, and to prepare a proposed amendment to the
ordinance. During the month of October, Jim Davis of the Building
Department staff contacted 13 communities to obtain copies of their
ordinances related to such fences. What he found is summarized
below;
City Name
No Regulation Fence Regulation
Bloomington
No fence permitted within
the 75' lakeshore setback
No fence permitted within
the 100' lakeshore setback
Deephaven
Excelsior
Maple Grove
x
Mound
Fences may be located
within the lakeshore
setback; limited to 5' height
and chain link visibility
No fence permitted within
the 50' lakeshore setback.
No fence within 50'
lakeshore setback.
No fence permitted within
the 75' or "average
lakeshore setback linen
Fence may be located
within 50' lakeshore
setback, limited to 4' high
Minnetrista
Orono
Shorewood
Victoria
Waconia
Wayzata
White Bear Lake
Woodland
x
X
X
X
No fence permitted within
50' lakeshore setback
16200 ~~.@feek Ave. S.E., Prior Lake. Minnesota 553lJ2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ANALYSIS
Those ordinances which prohibit fences within the lakeshore
setback area are responsive to the intent of the DNR
regulation, Le. the preservation of the visual character of
shorelines of Metropolitan Area lakes, as well as the
preservation of lakes hare view for riparian property owners.
A countervailing interest of riparian property owners on the lake
is the security of their property from intrusion. This is probably
more significant on Prior Lake, which has a large number of
smalllakeshore lots. The establishment of regulations which
limit fences in lakeshore yards more than the present zoning
ordinance would restrict the ability of owners of such property
to control entrance to their properties and to protect their
privacy.
The City of Prior Lake has a number of lots which were
developed prior to the adoption of the original Shoreland
regulations. Thus, many of these properties have less than the
required 75' setback. In addition, some of those lots have been
developed with pools as well. Chapter 4 of the City Code
requires 5', non-climbable safety fences around pools. For that
reason, it would not be advisable to completely prohibit fences in
the lakeshore setback area.
If the Council concludes that recent complaint and inquiry
is an isolated case, and that fences in the lakeshore setback
areas of riparian lots are not a problem, then it would be
appropriate to leave the Ordinance unchanged. If the Council
concludes that such fences constitute a larger problem, an option
would be to permit fences up to 6' in height to within 50' of the
shoreline/Ordinary High Water mark (50' is the minimum setback
contained in the DNR regulations). Within 50' of the shoreline
fences could be limited to 5' in height and 25% opacity.
ALTERNATIVES:
1. Accept the staff report as written and find that no ordinance
revision is required at this time.
2. Direct preparation of an ordinance revision consistent with City
Council findings.
3. Continue or table the matter for additional information or other
specific reasons.
RECOMMENDATION Staff recommends Alternative 1, acceptance of the report and no
change in the Ordinance regarding fences.
REVIEWED BY:
In the event the City Coun2i1 selects Alternative 2, a motion directing
city staff to. prepare ataft ordinance consistent with City Council
finding. I even that the City Council concurs with the staff
reco enr . ,a mo Ion accepting the report as presented.
, ~
Frank Boyl ,Ci Mager
~
ACTION REQUIRED:
FENCE.DOC
2