HomeMy WebLinkAboutOctober 8, 2001
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REGULAR PLANNING COMMISSION AGENDA
MONDAY, OCTOBER 8,2001
Fire Station - City Council Chambers
6:30 p.m.
1. Call Meeting to Order:
2. Roll Call:
3. Approval of Minutes:
4. Consent Agenda:
A. #01-017 Crouse Variance Resolution
B. #01-061 Tofanelli Variance Resolution
5. Public Hearings:
A. #01-073 Hillcrest Homes, Inc., is requesting an amendment to the Conditional
Use Permit for the project known as Wild Oaks located south of County Road 42,
west of Greenway Avenue and north and east of Conroy Street. The request is to
allow the addition of porches and decks to the approved townhome plans.
B. #01-81 Alfred and Thelma Cutaia are requesting a variance to permit a structure
to be setback less than the minimum required 75 feet from the Ordinary High
Water Mark for the property at 15366 Red Oaks Road.
6. Old Business:
A. #01-076 Consider an amendment to Section 1101.1104(1) of the Zoning
Ordinance pertaining to the hours of operation for motor vehicle service and
repaIr.
7. New Business:
8. Announcements and Correspondence:
9. Adjournment:
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MINUTES
MONDAY, SEPTEMBER 24,2001
1. Call to Order:
Chairman V onhof called the September 24, 2001, Planning Commission meeting to order
at 6:30 p.m. Those present were Commissioners Atwood, Criego, Lemke, Stamson and
V onhof, Planning Director Don Rye, Zoning Administrator Steve Horsman and
Recording Secretary Connie Carlson.
2. Roll Call:
Atwood
Criego
Lemke
Stamson
V onhof
Present
Present
Present
Present
Present
3. Approval of Minutes:
Correction: Item 4, Page 16 - top of page - correct Motion vote: Ayes by Stamson,
Atwood and Lemke, nays by Vonhofand Criego.
The Minutes from the September 24,2001, Planning Commission meeting were
approved as corrected.
Commissioner V onhof read the Public Hearing Statement and opened the meeting. '
4. Public Hearings:
A. Case Files #01-039 and #01-040 (continued) Consider an application for a
preliminary plat to be known as McCormick Acres and consider variances to the
minimum lot area for three of the proposed lots for the property located on the
south side of 170th Street, North of Highway 13 and east of Pheasant Meadows.
Planning Director Don Rye presented the Planning Report.
The Patrick L. McCormick Trust filed an application for a preliminary plat for the 1.85
acre site located on the south side ofCSAH 12 (170th Street), west of Highway 13 and
east of Pheasant Meadows. The preliminary plat, to be known as McCormick Acres,
consists of 1.85 acres to be subdivided into 5 lots for singe family residences. There are
two existing single family dwellings on this site. The application also includes a request
for variances to the minimum lot area for 3 of the proposed lots.
The Planning Commission initially considered this request on July 9, 2001. The
Commission tabled action on the request until August 13,2001, in order to allow staff
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and the developer to assemble additional information. On August 13,2001, the Planning
Commission further continued the hearing until August 27, 2001 at the request of the
applicant. The applicant requested an additional continuance to September 24, 2001, due
to scheduling conflicts.
Staff recommended the following conditions:
1. The plat must be revised to eliminate Lot 5. The remaining lot lines must be
reconfigured to provide the minimum lot area for each lot.
2. The existing easement for installation and maintenance of sanitary sewer and water to
the property to the south must be identified on the final plat.
3. Prior to final plat approval, the Tree Inventory must be revised so all trees are labeled
and it must be signed by a registered land surveyor.
4. The water and sewer service locations must be verified.
5. The applicant must obtain an access permit and any other required permits from Scott
County prior to final plat approval.
Ifthe variance is approved, conditions #2-5 should be attached to the preliminary plat.
Comments from the public:
Applicants Tim Arvidson and Kris Busse, said the issues have been covered. Arvidson
said one consideration discussed was to acquire additional property from the neighbor,
Howard Monnens. Another option is that the first lot could be sold with the log house or
created as an outlot.
There were no other comments and the floor was closed.
Comments from the Commissioners:
Lemke:
. The Commissioners have an obligation not to create a substandard condition where an
alternative exists.
. Work with the applicant to create an outlot so they have flexibility in the future.
. Do not want to create lots that are too small.
Criego:
. Questioned staffs feeling on the outlot approach. Rye responded the problem is if
the outlot is created, there are still two lots that need variances.
. Assuming that is fixed, what are the alternatives? Rye said the outlot is not buildable
by ordinance. If the outlot is reduced in size to eliminate the need for variances, the
most that can happen to it is to be divided between the adjacent lots. If the applicant is
able to acquire additional land and solve the lot size problem, then the variance issue
goes away.
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. If it was an outlot and the other 4 lots became standard, is the width of the outlot wide
enough in the future to allow creation of a legal lot. Rye said they would have to
make the minimum width.
. Arvidson responded the lot areas were substandard because of the County's required
right-of-way.
. The applicant is correct. Rye explained the original intent of variances to right-of-
ways.
. Arvidson stated the plat indicates the width at 86 feet. Looking at the property to the
east, the County would probably not want the dedication. Arvidson also said in .
speaking with the County, they did not state they would force the right-of-way, it
would be up to the City.
. Why does the applicant have to give up the right-of-way to the County? Rye
responded they requested it. The City did not come up with this, the County is
anticipating the 100 foot right-of-way, the full length of the road improvement.
. Agreed with staff s recommendation. The outlot would not serve the purpose.
Stamson:
. Agreed with staff and fellow Commissioners, there is no hardship. Nothing is being
asked from this developer than asked from any other development.
. It is important to get the right-of-way now, otherwise it would have to be purchased
later. It is standard practice, not unusual.
. The outlot is not workable. Once the other 4 lots are conforming, the outlot is not
going to become a lot without variances. It doesn't serve any physical purpose for
being an outlot. It makes more sense to create 4 lots,
. Deny the variance.
Atwood:
. Agreed with the Commissioners, but cannot get a clear perspective on the propertytQ
the east. The City purchasing the right-of-way could cause a problem. They could be
dedicating land that would not be used.
. Interested in hearing from the County actually requesting the right-of-way. It is
assumed they are going to request it. They may see it differently after seeing the
entire platted area or allow for a different request.
. Rye said it is standard practice to upgrade a road project. State standards will also
apply. The County has not even begun to design the project. At this stage, the
County may not have any more information.
Arvidson suggested stating something in the Developers Agreement or Purchase
Agreement stating the City can take the right-of-way. The lots wouldn't be substandard
and it wouldn't cost the City anything.
Rye responded that was creative and should be reviewed the City Attorney.
Vonhof:
. Did not believe the variance hardship standards have been met.
. Support staffs recommendation with regard to the preliminary plat.
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. How the lots develop is up to the applicant. It is not something the Commission can
resolve. They can work out the outlot.
MOTION BY CRIEGO, SECOND BY LEMKE, APPROVING RESOLUTION 01-
013PC DENYING THE VARIANCE REQUEST FINDING A LACK OF
DEMONSTRATED VARIANCE CRITERIA HARDSHIP.
Vote taken indicated ayes by all. MOTION CARRIED.
MOTION BY CRIEGO, SECOND BY LEMKE, RECOMMENDING THE CITY
COUNCIL APPROVE THE PRELIMINARY PLAT KNOWN AS MCCORMICK
ACRES AS PRESENTED, SUBJECT TO THE CONDITIONS LISTED IN THE
PLANNING REPORT.
Vote taken indicated ayes by all. MOTION CARRIED.
B. Case File #01-061 Matt and Sandra Tofanelli are requesting variances to
permit a structure to be setback less than the minimum required 75 feet from the
OHWM; a setback than the minimum required 25 feet front yard; a setback to the
side yard line less than the minimum required 10 feet; and a variance to permit an
accessory structure not compatible in design and materials with the principal
structure for the property located at 15731 West Avenue SE. The applicants wish to
construct a detached accessory structure in the Shoreland District.
,C" Zoning Administrator Steve Horsman presented the Planning Report.
The Planning Department received a variance application from Matt & Sandra Tofanelli
for the replacement of a detached accessory structure on an existing platted lot of record
located at 15731 West A venue. There is an existing single family dwelling located on the
lot. The applicant has proposed to rebuild an existing garage and requests the following
vanances:
1. A 14- foot variance to permit an 11.1- foot structure setback to a front property
line, rather than 25.1- feet as required by setback averaging.
2. A 13-foot variance to permit a structure setback of 40-feet from the Ordinary
High Water Elevation (OHWM), rather than the minimum setback of 53-feet as
required by setback averaging.
3. A 2.3-foot variance to permit a structure setback of8.5-feet from the side property
line, rather than minimum setback of 10.8-feet as required for the sum of side
yards on a nonconforming lot of at least IS-feet.
4. A variance to permit an accessory structure that is not compatible in design and
materials with the principal structure.
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The City Engineering Department has commented that should a different garage location
be required, the applicant must submit a revised survey to show the proposed grades and
an erosion control plan. The Building Department commented that retaining walls over
4' in height require a permit and structural engineering. In addition, structural
engineering will be required on the foundation walls.
The Department of Natural Resources had a "no comment" response on this request.
The staff believed all the variance criteria had been met with respect to the requested
setback variances. A legal alternative building site does not appear to exist on the lot
because of a steep rising grade of approximately 14' from the garage front elevation of
906' to the back wall elevation of920'. That would require large amounts of fill to be
removed from the steep slope, and engineered retaining walls to hold back the
unbalanced backfill. In addition, staff determined this area is not a bluff by definition as
the average slope is approximately 22%.
Staff recommended the following conditions be included with approval of the setback
vanances.
1) The garage must be flood proofed to FP-4 standards. The applicant shall submit
building plans depicting elevations and materials that meet the conditions of the
Flood Plain Regulations, and all other applicable Ordinances and agency
regulations.
2) The Resolutions adopted by thePlanriing Commission shal1 be recorded at Scott
County within 60 days of adoption, and proof of recording along with the
acknowledged City Assent Form shall be submitted to the Planning Department
prior to the issuance_ of a building permit.
The variance criteria have not been met with respect to the materials of the garage. This
is a design choice that can be changed. The stafftherefore recommends denial of this
varIance.
Comments from the public:
Applicant Sandra Tofanelli, explained the primary structure and materials. They felt the
decorative block would make it look better rather than the concrete. Tofanelli said she
was open to suggestions.
Charlie Sunder, neighbor of Tofanelli, stated he was in favor of approving the variances.
It would be consistent with the other garages in the neighborhood. There are no other
options, the garage would have to go down. A garage is needed.
There were no other comments and the floor was closed.
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Comments from the Commissioners:
Criego:
. Agreed with staffs recommendation to approve the variances and to approve the
decorative block. The garage will look nicer with one material. The lower level has
to be flood proofed. The decorative block would solve the problem.
. Approve as long as the garage remains the same size.
Stamson:
. The hardships have been met.
. The intention of requiring the compatible design and materials was so nothing
substandard would be erected. It was not intended to deny someone who wants to
build something more attractive.
. The flooding requirement is going to create the need for block. It makes sense to
allow the more decorative material.
. Grant the variances.
Atwood, Lemke and V onhof agreed.
MOTION BY CRlEGO, SECOND BY ATWOOD, DIRECTING STAFF TO DRAFT A
RESOLUTION APPROVING THE V ARlANCES AND ALLOWING THE
DECRATIVE BLOCK THROUGHOUT THE STRUCTURE, MEETING STAFF'S
CONDITIONS.
"'ii\t6te'tciken indicated ayes by all. MOTION CARRIED.
C. Case File #01-076 Consider an amendment to Sections 1101.1104(1) and
1102.1203(3) of the Zoning Ordinance pertaining to the hours of operation for
motor vehicle service and repair and to Section 1107.1907(4) ofthe Zoning
Ordinance pertaining to the need for rain sensors on irrigation systems.
Planning Director Don Rye presented the Planning Report.
The purpose of this public hearing is to consider two amendments to the Zoning
Ordinance. The first amendment would limit the hours of operation for car washes,
which are included within the category of motor vehicle service and repair. The second
amendment would add a provision requiring rain sensors on required irrigation systems.
These amendments were initiated by the City Council.
Section 1108.600 of the Zoning Ordinance states specific findings that must be met to
change the ordinance. These are:
1. There is a public need for the amendment.
2. The amendment will accomplish one or more of the purposes of this Ordinance, the
Comprehensive Plan, or other adopted plans or policies ofthe City.
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3. The adoption of the amendment is consistent with State and/or Federal requirements.
Staff felt there is a public need for these amendments. The restrictions on the hours of
operation will serve to mitigate noise and other potential nuisances that may result from
the motor vehicle service and repair uses. The proposed language also provides some
flexibility by allowing the use to operate outside the hours of operation if the doors
remain closed. The rain sensor requirement will help to preserve the City's water supply,
one ofthe City's natural resources.
There were no comments from the public.
Comments from the Commissioners:
Stamson:
· Agreed with staff, all the ordinances met the criteria set forth by the State.
· Use the same restrictions as Cl to be consistent. The time frame of6:00 a.m. to
11 :30 p.m. makes the most sense. That will be the primary hours for station
businesses.
· Did not like staffs third option. Explained the difficulty of enforcing.
· The irrigation amendment should be approved.
Atwood:
· Agreed with Stamson.
· Questioned if Commercial restrictions are the same for a w~~yring ban? Rye said it
was.
Lemke:
· Questioned if it was a rain or moisture sensor. Criego said he was an expert on the
matter and explained.
· The carwash ordinance makes no distinction how far away the homes are located.
There should be some sort of distance built into the ordinance.
· Most of the noise is from the drying fans outside the carwash. Rye explained the
proposal.
Criego:
· The recommendation is basically 6:00 a.m. to 11 :30 p.m. with the doors closed or not
operational.
· Most people are sleeping at 6:00 am. As it relates to nighttime, people are in bed at
10 pm. There is still a noise issue with this time frame. If there are no neighbors, we
are imposing limitations on something that is not needed.
· Regulate the distance to residents. Then set the hours. The problem is noise.
· Irrigation sensors are great.
V onhof:
· Agreed with the irrigation. Rain sensors are a great idea.
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. Agreed with Stamson, there should be consistency with the districts regarding the
carwashes. It would be possible, especially with gas stations, which are adjacent to
residential areas. Something could be done.
. Don't know if its better to regulate the hours or maintain the doors be closed all the
time. Noise is a continual condition.
Open Discussion and comments: (regarding carwashes)
. Most carwashes now have to open the back door to be air-dried.
. Most gas stations are along Highway 13. Between 6:00 a.m. and 11 :30 p.m., the
traffic and noise levels are going to be higher, the carwash noise is not going to be
significantly contributing to that.
. Do not like the doors being shut. Liked Lemke's suggestion of mitigating the
distance from a residential district.
. There is a design that keeps the dryer inside the carwash.
. How to police?
. Questioned staff if there have been complaints from the Cl District. Rye said there
were none, it came from a C4 district.
. All agreed there should be some regulation.
. Limit the hours of open doors.
. Hard to speculate what will happen.
. Really only applies to 2 stations in Prior Lake.
. Table to next session and contact the stations and explain the problem and see if they
. have a solution that would work. They may have additional information.
. Other cities have varying regulations to their ordinances. There is no standard
language.
MOTION BY ST AMSON, SECOND BY CRlEGO, RECOMMENDING CITY
COUNCIL APPROVE THE RAIN SENSOR AMENDMENT PURSUANT TO
STAFF'S LANGUAGE.
Vote taken indicated ayes by all. MOTION CARRIED.
MOTION BY ST AMSON, SECOND BY LEMKE, TO TABLE THE CARW ASH
ISSUE TO OCTOBER 8, 2001 AND CONTINUE THE PUBLIC HEARING.
Vote taken indicated aye by all. MOTION CARRIED.
5. Old Business:
A. Case Files #01-066 & #01-067 EFH Company representing Metro Cabinets
and American Glass & Mirror Variance Resolution.
Zoning Administrator Steve Horsman presented Resolution 01-015PC as directed by the
Planning Commission at the September 10, 2001 meeting.
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Planning Commission Meeting
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MOTION BY STAMSON, SECOND BY ATWOOD, TO ADOPT RESOLUTION 01-
015PC AS PRESENTED BY STAFF.
Vote taken indicated ayes by all. MOTION CARRIED.
B. Case File #01-017 Mark Crouse Variance Resolution.
Zoning Administrator Steve Horsman presented Resolution 01-015PC as directed by the
Planning Commission at the September 10, 2001 meeting.
Stamson clarified the variance requiring a paved driveway. The concern was the
applicant would leave the patio and return to a dirt driveway. We want to avoid that
situation. Horsman responded the driveway ordinance regulates a Class 5 action.
Allison Gontarek, representing the applicant, asked to be recognized.
Chairman V onhof stated the public hearing was closed.
MOTION BY ST AMSON, SECOND BY LEMKE, RECOMMENDING CITY
COUNCIL TO ADOPT RESOLUTION 01-11Pe.
Discussion:
Criego said he did not vote for this the last time based on the 36% impervious surface.
Although the Commission felt the property should have a driveway and a reduced
sidewalk. The applicant at the time was not prepared to reduce the impervious surface as
much as the Commission wanted him to. Questioned the intel1.1to have a driveway with
normal curb entrance to a three car garage or only provide concrete to a two car garage.
Stamson responded his initial Motion was for staffto determine the impervious surface
percentage. The intent was for a three car garage. The issue was to redraft and not delay
another two weeks.
Horsman responded it would be very difficult to get pavement to the third car garage with
the 36% impervious surface.
Rye stated the original Motion should be modified to be consistent with the Resolution.
MOTION BY STAMSON, SECOND BY ATWOOD, TO RECONSIDER THE VOTE
OF SEPTEMBER 10,2001 MEETING PERTAINING TO THIS ISSUE.
Vote taken indicated ayes by all. MOTION CARRIED.
MOTION BY CRIEGO, SECOND BY ST AMSON, APPROVING A VARIANCE TO
PERMIT A MAXIMUM OF 38% IMPERVIOUS SURFACE COVERAGE WITH THE
CONDITIONS THE APPLICANT SUBMIT TO THE CITY A REVISED SURVEY
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Planning Commission Meeting
September 24, 2001
IDENTIFYING THE IMPERVIOUS SURF ACE REMAINING AND ALL
CONDITIONS OF THE VARIANCE RESOLUTION BE MET INCLUDING THE
CONDITION THE APPLICANT REMOVE THE CANOPY AND DOCKAGE NOT
INCLUDED IN THE ORIGINAL SURVEY.
Horsman explained the additional impervious surface and his discussions with the
Department of Natural Resources regarding the dockage.
Lemke commented this clarifies the Motion from two weeks ago.
V onhof stated he believes the variance criteria in this matter are not met and this specific
condition has been created by the property owner and will not support the Motion.
V ote taken indicated ayes by Criego, Lemke, Stamson and Atwood, nays by V onhof.
MOTION CARRIED. .
~
6. New Business:
A. Discuss infiltration systems and engineered runoff management.
Criego recommended continuing this matter to another meeting.
7. Announcements and Correspondence:
8. Adjournment:
The meeting adjourned at 8:11 p.m.
Donald Rye
Director of Planning
Connie Carlson
Recording Secretary
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10
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AGENDA ITEM:
SUBJECT:
SITE: -
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION: .
PLANNING REPORT
4A
CONSIDER A RESOLUTION APPROVING A
VARIANCE FOR AN IMPERVIOUS SURFACE
COVERAGE AREA OF 38%, FOR D. MARK CROUSE,
Case File #01-017PC
15507 CALMUT AVENUE NE
STEVEN HORSMAN, ZONING ADMINISTRATOR
JANE KANSIER, PLANNING COORDINATOR
YES X NO
OCTOBER 8, 2001
The Planning Department received a variance application from property owner
Mr. D. Mark Crouse for an impervious surface coverage area of 4,422 square
feet or 57.5% of the total lot area on the property located at 15507 Calmut
Avenue NE (Attachment 1 - Certificate of Survey),
The Planning Commission conducted public hearings on this item on June 25,
2001, on July 23, 2001, and on September 10, 2001. After review of the
applicant's request with respect to the variance hardship criteria, the Planning
Commission directed staff to draft a resolution approving a variance to allow an
impervious surface of 36 %.
On September 24, 2001, the Planning Commission reconsidered their earlier
action. The Commission determined a 36% impervious surface would not allow
a driveway. The Commission therefore approved a 38% impervious surface and
directed staff to prepare a resolution.
1. A variance to permit an impervious surface coverage area of 38% of the lot
area above the 904 foot elevation (OHWM), rather than the maximum
allowable coverage of 30%.
The following conditions must be adhered to as part of the Variance Resolution:
1. The applicant shall submit to the City of Prior Lake a revised certificate of
survey identifying the impervious surface to remain on the lot and the
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
,
impervious surface to be removed to verify all conditions of this Variance
Resolution are met within 60 days of the date of approval.
2. Resolution 01-011 PC as adopted by the Planning Commission shall be
recorded at Scott County within 60 days of the date of approval and proof of
recording shall be submitted to the Planning Department along with the
acknowledged Assent Form.
RECOMMENDATION:
The attached Resolution is consistent with the Planning Commission's direction
for approval of the Variance to impervious surface coverage area. The staff
therefore recommends adoption of Resolution 01-011 PC.
ALTERNATIVES:
1. Adopt the attached Variance Resolution 01-011 PC approving the Variance
with conditions that the Planning Commission deemed appropriate under the
circumstances.
2. Table or continue discussion of the item for specific purpose.
ACTION REQUIRED:
AMotion and second adopting Resolution 01-011 PC approving a maximum 38%
impervious surface coverage of the lot area above the 904 foot elevation
(OHWM), with conditions.
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RESOLUTION Ol-OllPC
A RESOLUTION APPROVING A VARIANCE TO PERMIT AN IMPERVIOUS
SURFACE COVERAGE AREA OF 38%, RATHER THAN THE MAXIMUM
ALLOWABLE AREA OF 30%
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Mr. D. Mark Crouse (applicant/owner) has applied for variances from the Zoning Ordinance
in order to permit a paved driveway area to a single family residence with attached garage on
property located in the R-l (Low Density Residential) District and the SD (Shoreland
Overlay) District at the following location, to wit;
.
15507 Calmut Avenue NE, legally described as Lot 9, and that part of Lot 10, North
Grainwood, and that part of Government Lot 5, Section 25, Township 115, Range
22, Scott County, Minnesota described as follows:
Commencing at the northwest comer of said Lot 10; thence southerly along the
westerly line of said Lots 10 and 9 and also 8', a distance ofJ:65.00feet to the actual
point of beginning of the land to be described; thence westerly along the north line
of said plat to the easterly right-of-way line of the Chicago, Milwaukee, St. Paul and
Pacific Railroad; thence northerly along said easterly right-of-way line to its
intersection with the westerly extensio~ of the southerly line of the northerly 45,00
feet (as measured at right angles to the northerly line) of said Lot 10; thence easterly
along said southerly line to the shoreline of Prior Lake; thence southerly along said
shoreline to the south line of said Lot 9; thence westerly along said south line of said
Lot 9, to the southwest comer thereof; thence southerly along the westerly line of
said Lot 8, to the actual point of beginning.
2. The Board of Adjustment has reviewed the application for variances as contained in Case
#01-017PC and held hearings thereon on June 25, 2001, and on July 23, 2001.
3. The Board of Adjustment continued the hearing to August 27, 2001, to allow the applicant
time to present additional information.
4. The Board of Adjustment further continued the hearing to September 10, 2001, at the request
of the applicant.
5. On September 10, 2001, the Board of Adjustment continued the review of the application for
variances and allowed the applicant and other interested parties the opportunity to present
their views.
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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6. The Board of Adjustment has considered the effect of the proposed variance upon the health,
safety, and welfare of the community, the existing and anticipated traffic conditions, light
and air, danger of fire, risk to the public safety, the effect on property values in the
surrounding area and the effect of the proposed variance on the Comprehensive Plan.
7. Because of conditions on the subject property and on the surrounding property, the variance
will not result in the impairment of an adequate supply of light and air to adjacent properties,
unreasonably increase congestion in the public streets, increase the danger of fire, and danger
to the public safety, unreasonably diminish or impair health, safety, comfort, morals or in
any other respect be contrary to the Zoning Ordinance and Comprehensive Plan.
8. The impervious surface area required for a driveway is such that the hardship created has not
been created by the applicant. However, there is no justifiable hardship for the additional
impervious surface area.
9. There is a justifiable hardship caused by the requirements of the ordinance, as reasonable use
of the property does not exist without the granting of the variance for a hard surface
driveway from the street to the garage, which would not be permitted without a variance.
There is no justifiable hardship for the additional impervious surface area requested.
10. The granting of the variance is necessary for the preservation and enjoyment ofa substantial
property right of the applicant. The variance will not serve merely as a convenience to the
applicant, and is not necessary to alleviate demonstrable hardship.
11. The contents of Planning Case 00-017PC are hereby entered into and made a part of the
public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the following
variance for an impervious surface area no greater than 38%, as shown in a Revised Attachment
1 Certificate of Survey:
1. A variance to permit an impervious surface coverage area of 38% of the lot area above the
904 foot elevation, rather than the allowed maximum area of 30%.
The following conditions must be adhered to as part of the approved variance Resolution:
1. The applicant shall submit to the City of Prior Lake a revised certificate of survey
identifying the impervious surface to remain and the impervious surface to be removed to
verify all conditions of this Variance Resolution shall be met within 60 days of the date of
approval.
2. Resolution 01-011PC as adopted by the Planning Commission shall be recorded at Scott
County within 60 days of the date of approval and proof of recording shall be submitted to
the Planning Department along with the acknowledged Assent Form.
Adopted by the Board of Adjustment on October 8, 2001.
1:\01 files\O 1 variances\O 1-0 17\aprvrs.doc
2
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
'.. '4L .'#;.".;" INTRODUCTION:
PLANNING REPORT
4B
CONSIDER A RESOLUTION APPROVING
VARIANCES TO ALLOW A STRUCTURE SETBACK
LESS THAN 75 FEET FROM THE OHWM, A FRONT
YARD SETBACK LESS THAN 25 FEET, A SIDE YARD
SETBACK LESS THAN 10 FEET AND A STRUCTURE
NOT COMPATIBLE IN DESIGN AND MATERIALS TO
THE PRINCIPLE STRUCTURE, Case file #01-061 PC
MATT & SANDRA TOFANELLI
15731 WEST AVENUE SE
STEVEN HORSMAN, ZONING ADMINISTRATOR
JANE KANSIER, PLANNING COORDINATOR
YES X NO
OCTOBER 8, 2001
The Planning Department received a variance application from Matt.&$andra
Tofanelli for the replacement of a detached accessory structureonane~isling,,"
platted lot of record located at 15731 West Avenue. There is anexisting;single;..~
family dwelling located on the lot. The applicant proposed to rebuild an existing
garage.
The Planning Commission conducted a public hearing on September 24,2001.
After review of the applicants' request with respect to the variance hardship
criteria, the Commission directed staff to draft Resolution 01-017PC approving
the following Variances with conditions:
1. A 14-foot variance to permit an 11.1-foot structure setback to a front
property line, rather than 25.1-feet as required by setback averaging
[Ordinance Section 1.102.405 Dimensional Standards (4)]
2. A 13-foot variance to permit a structure setback of 40-feet from the
Ordinary High Water Elevation (OHWM), rather than the minimum
setback of 53-feet as required by setback averaging [City Code
Subsection 11 04.302(4)].
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
3. A 2.3-foot variance to permit a structure setback of 8.5-feet from the side
property line, rather than minimum setback of 1 0.8-feet as required for
the sum of side yards on a nonconforming lot of at least 15-feet
[Ordinance Section 1101.502 Required Yards/Open Space (8)].
4. A variance to permit an accessory structure that is not compatible in
design and materials with the principal structure [Ordinance Section
1102.800 (8,d)].
RECOMMENDATION:
The attached Resolution is consistent with the Planning Commission's direction
for approval of the Variances as requested by the applicant. The staff therefore
recommends adoption of Resolution 01-017PC.
ALTERNATIVES:
1. Adopt the attached Variance Resolution 01-017PC approving the Variance
with conditions that the Planning Commission deemed appropriate under the
circumstances.
2. Table or continue discussion of the item for specific purpose.
ACTION REQUIRED:
;hv":,
A MO.tibn-ahd'second adopting Resolution 01-017PC approving the Variances
requeSfeo:lJythe,applicant with conditions.
L:\01 files\01 variances\01-061 \01-061 VR2.doc
Page 2
RESOLUTION 0l-017PC
A RESOLUTION APPROVING A 14-FOOT VARIANCE TO PERMIT AN 11.1
FOOT FRONT YARD SETBACK; A 13-FOOT VARIANCE TO PERMIT A
STRUCTURE SETBACK OF 40 FEET FROM THE OHWM; A 2.3-FOOT
VARIANCE TO PERMIT SIDE YARD SETBACK OF 8.S-FEET; AND A
VARIANCE TO PERMIT AN ACCESSORY STRUCTURE THAT IS NOT
COMPATIBLE IN DESIGN AND MATERIALS WITH THE PRINCIPAL
STRUCTURE.
BE IT RESOLVED BY the Board of Adjustment ofthe City of Prior Lake, Minnesota;
FINDINGS
1. Eugene M. & Sandra Tofanelli have applied for a variance from the Zoning
Ordinance in order to permit the reconstruction of a detached accessory structure on
an existing lot with a single family dwelling located in the R-1 and SD (Shoreland )
District at 15731 W est Avenue SE, and legally described as follows:
Lot 4, Point Beautiful, Scott County, Minnesota.
2. The Board of Adjustment has reviewed the application for Variartcesascontai:rieo in
Case File #01-061PC and held hearings thereon on September 24,2001.
3. The Board of Adjustment has considered the effect of the proposed variances upon
the health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variance on the
Comprehensive Plan.
4. Because of the subject property's location in relation to the lakeshore and to the
surrounding properties and the existing topographical conditions of the subject
property and to the surrounding properties, it is possible to use the subject property in
such a way that the proposed variance will not result in the impairment of an adequate
supply of light and air to adjacent properties, unreasonably increase congestion in the
public streets, increase the danger of fire, and danger to the public safety,
unreasonably diminish or impair health, safety, comfort, morals or in any other
respect be contrary to the Zoning Ordinance and Comprehensive Plan.
1: \01 files\O 1 variances\O 1-061 \appres.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
5. There is justifiable hardship caused by the existing topographical conditions and the
existing garage location, that reasonable use of the property dges not exist without the
granting of the variances to permit an accessory structure detached from the principal
structure.
6. The granting of the Variance will not serve merely as a convenience to the applicant,
and is necessary to alleviate demonstrable hardship.
7. The granting of the variance is necessary for the preservation and enjoyment of a
substantial property right of the applicant.
8. The contents of Planning Case File #01-061PC are hereby entered into and made a
part of the public record and the record of decision for this case.
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby approves the
following ... variances for the proposed structure as shown in attached Attachment 1 -
Certificate of Survey:
1. A 14- foot Variance to permit an 11.1 foot structure setback to a front property line
rathertl1an 25.1- feet as required by setback averaging.
2. A13-foot Variance to permit a structure setback of 40-feet from the Ordinary High
Water Mark (OHWM), rather than the minimum setback of 53-feet as required by
.setQaqk.averaging.
3. A 2.3-foot Variance to permit a structure setback of 8.5 feet from the side property
line rather than the minimum required 10.8-feet as required by for the sum of side
yards on a nonconforming lot of at least 15- feet.
4. A Variance to permit an accessory structure that is not compatible in design and
materials with the principal structure.
The following are conditions which must be adhered to prior to the issuance of a building
permit for the proposed structure:
1) The garage must be flood proofed to FP-4 standards. The applicant shall submit
building plans depicting elevations and materials that meet the conditions of the
Flood Plain Regulations, and all other applicable Ordinances and agency
regulations.
2) The Resolutions adopted by the Planning Commission shall be recorded at Scott
County within 60 days of adoption, and proof of recording along with the
1:\01 files\O 1 variances\O 1-061 \appres.doc
'",..
2
acknowledged City Assent Form shall be submitted to the Planning Department
prior to the issuance of a building permit.
Adopted by the Board of Adjustment on October 8,2001.
Thomas E. Vonhof, Chair
ATTEST:
Donald R. Rye, Planning Director
1:\01 files\OI variances\O 1-061 \appres.doc
3
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PLANNING REPORT
AGENDA ITEM:
SUBJECT:
SA
CONSIDER A REQUEST FOR APPROVAL OF AN
AMENDMENT TO THE WILD OAKS CUP TO
ALLOW PORCHES AND DECKS ON THE
TOWNHOUSE UNITS
JANE KANSIER, PLANNING COORDINATOR
_X_ YES _NO-N/A
OCTOBER 8, 2001
PRESENTER:
PUBLIC HEARING:
DATE:
On May 17, 1999, the City Council approved a Conditional Use Permit for the Wild Oaks
development. The approved plan calls for 21 units on 9.5 buildable acres, for a density of
2.2 units per:C).Cf.l"~,dand 13% lot coverage. The plan calls for a townhouse style
develQP:p1el1~qB~~ttijlg of 2- and 3-unit buildings. There are six 2-unit buildings, and
three 3-unitbuildings. The 2-unit buildings are rambler style structures with walkout
foundations..andithe3:'unit buildings are 1 Y2-story structures with lookout foundations.
All of the~ts';l1ave attached double garages and pitched roofs. Exterior materials
include bripk" a'#I:istllccO on the front and vinyl siding on the side and rear of the
buildings. Eacn-'drth.e units will contain approximately 1,400 square feet of finished
floor area Qnth.emain level.
The developer has submitted a request for an amendment to the approved CUP plan. This
amendment involves a change in the size of the townhouse units, and the addition of
porches and decks to the townhouse units. Attached to this report are copies of the
approved site plan and building plans, and the proposed site plan and building plans.
The proposed plans will increase the size of units 1,3-6, and 8 by 376 square feet on the
main floor and 40 square feet on the second level. Units 2 and 7 will increase in size by
296 square feeton the first level and 40 square feet on the second level. All of these units
will also have an optional 12' by 12' porch and 10' by 12' deck. Units 9-21 will not
increase in area, but will include an option for a 120 square foot porch and a 10' by 13'
deck addition.
The additions to the units will increase the lot coverage and the impervious surface of the
development as follows:
1:\01 files\Olcup\wild oaks amend\pc report.doc Page 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
.
..
Lot Coverage Impervious Surface
Approved: 13% 14.9%
Proposed: 15% 16.9%
Maximum Allowed: 18% 30%
The additional lot coverage and impervious surface are still below the maximum
percentages allowed by the ordinance. The proposed amendment will not affect the
density, the grading or the landscaping approved as part of the original CUP.
The Zoning Ordinance allows the City Council to approve minor amendments to an
approved CUP plan by resolution. A minor amendment includes changes or
modifications that do not affect required parking, required yards, floor area ratios, ground
floor area ratios, signage, building height, density, covenants or other agreements
required as part of the approved plan. In this case, the proposed amendment does affect
the floor area of the buildings, although the floor area is consistent with the maximum
floor area permitted in the district. Since this does not qualify as a minor amendment to
the CUP, the proposal requires a public hearing before the Planning Commission and
review and approval by the City Council.
ANALYSIS:
The major consideration in reviewing this amendment is whether or not the proposed
amendment will chari.ge the character of the approved plan. The proposed amendment
does not affect the . density or the layoutofthe~pjJroved CW., Tl1e~izes of the units have
been increased;'~daiiow~the 6ptio~'~fporches and decks. Accbi~ing to the developer,
these additions Will increase the value of the units. The exterior materials will still be
brick and vinyLsiding. The.amendment will not affect the parking spaces, the setbacks or
other ordinaricerequlreITIetits.,
Staff Recommendation: The staff suggests that the proposed amendment will not alter
the character of the approved CUP. The staff therefore recommends approval of this
amendment, subject to the following conditions:
1. The townhouses must meet the setbacks approved as part of the original CUP. This
includes the required yards and the 30' setback from the 100-year flood elevation of
the wetlands.
2. The porch elevation must be at least 3' above the 100-year flood elevation of the
adjacent pond or wetland.
3. The developer must submit an approved modified Watershed District permit to the
City prior to the issuance of any building permits for these units.
PLANNING COMMISSION RECOMMENDATION:
At this time, the Planning Commission should make a recommendation on the proposed
amendment to the CUP.
1:\01 files\O 1 cup\wild oaks amend\pc report.doc
Page 2
ALTERNATIVES:
1. Recommend approval of the CUP subject to the above conditions.
2. Table this item to a date specific, and provide the developer with direction on the
issues that have been discussed.
3. Recommend denial of the request.
4. Other specific action as directed by the Planning Commission
RECOMMENDATION:
The Planning staff recommends Alternative #1.
ACTION REQUIRED:
A motion and second recommending approval of the amendment to the Wild Oaks CUP
subject to the above listed conditions.
EXHIBITS:
~"."-'" ;
1. Location Map
2. Reduced Copy of Approved CUP Plans
3. Reduced Copy of Proposed CUP Plans
4. ~ett~;r,fi;9m!?:~y,t~t()per
5. Engineeringc;bmments
6. Watershed D!~~rict Comments
: ~..-' ,;~,' '-':!:;'
oc, ~
1:\01 files\O 1 cup\wild oaks amend\pc report. doc
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HILLeR-EST ..
HOMES~
'~ Builder Driven By Quality Craftsmanship and Value."
August 28,2001
Planning Department
City of Prior Lake
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372
Dear Jayne:
In response to your letter dated August 21, 2001:.
Item 1: I have attached the list of property owners that was prepared by Old Republic
Title. .
Item 2: Per our discussion no longer an issue.
Item 3: Units 1, 3, 4, 5, 6 & 8 have an additional 376 square feet on the main floor, 40
square feet on the second floor, 144 square feet in the optional porch and a 10x12 deck.
Units 2 and 7 have an additional: 296 square feet on the main floor, 40 squarefeetonJhe
second floor, 144 square feet in the optional porch and a 10x12 dec~..",I".y,,~..~_.i'7;t~;.
Units 9-21 have an additional 120 square feet in the optional porch andi tOxlJ deck. .
. "-""~" -" -
Impervious surface increased 0.9% to 11.1% and lot coverage increased'! .:90/0:to'15;7%.
See attached calculation sheet. "F ">.'-
..~ .
All setbacks, landscaping, tree preservation and grading remain the same as the original
conditional use permit. All units including porches and deck remain inside the original
building pad.
Item 4: The proposed amendment is for the inclusion of decks and porches on every
unit. In addition we would like to increase main floor square footage of units 1-9 as
mentioned above. Units 9-21 remain the same except for the inclusion of optional decks
and porches.
r~:~nns, concerns or need additional information please give me a call.
I ,
'l_ljG
';" q ~..'rni
i- ..." _ .;l..J1
Builder License #20036544. Member a/the Builders Association a/the Twin Cities
P.O. Box 456 · Prior Lake, Minnesota 55372
Office: 952-898-7663 · Fax: 952-898-3364 · Web: www.hillcresthomesinc.com
"/"'-'
...;.'........'.'. "
.,~~: . '.'
,.
I have reviewed the attached proposed request (Wild Oaks CUP Amendment) for the
following:
Water City Code Grading
Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks / Natural Features Legal Issues
Assessment Electric Roadsl Access
Policy
Septic System Gas Building Code
Erosion Control Other
Recommendation:
-
Approval
Denial
.,/ Conditional Approval
Signed:
,-. \' --.
. . - ~ ----
Ii \_.:~ 1\...A...:___\ ./ ,,,~.v-,,~~ " .
~
Date:
~i~ '-'i
Please return any comments by Thursday, September 6, 2001, to
Jane Kansier, DRC Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-9812
.
. Fax: (612) 447-4245
1:\01 files\01 cup\wild oaks amend\referral.doc
Page 2
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I have reviewed the attached proposed request (Wild Oaks CUP Amendment) for the
following:
Water City Code Grading
Sewer Storm Water Signs
Zoning Flood Plain County Road Access
Parks Natural Features Legal Issues
Assessment Electric Roads! Access
Policy
Septic System Gas ^ Building Code
Erosion Control Other
Recommendation: ~ 6pproval
Denial
Conditional Approval
Comments: I 4:-
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Signed:
Please return any comments by Thursdav. September 20.2001, to
Jane Kansier, ORe Coordinator
City of Prior Lake
16200 Eagle Creek Avenue SE
Prior Lake, MN 55372
Phone: (612) 447-'9812
Fax: (612) 447-4245
1:\01 files\01 cup\wild oaks amend\referra12.doc
Page 2
AGENDA ITEM:
SUBJECT:
SITE:
PRESENTER:
REVIEWED BY:
PUBLIC HEARING:
DATE:
INTRODUCTION:
PLANNING REPORT
5B
CONSIDER A SETBACK VARIANCE FROM THE
ORDINARY HIGH WATER MARK FOR A PORCH
ADDITION TO AN EXISTING STRUCTURE, FOR
ALFRED & THELMA CUTAIA, Case File #01-081
15366 RED OAKS ROAD
STEVEN HORSMAN, ZONING ADMINISTRATOR
JANE KANSIER, PLANNING COORDINATOR
_X_ YES NO
OCTOBER 8, 2001
The Planning Department received a variance application from property owners
Alfred & Thelma Cutaia for the construction of a porch and room addition in the
place of an existing deck attached to an existing single family dwelling on the
property located at-15366 Red Oaks Road (Attachment 1 - Certificate of
Survey). The principal structure is a legal nonconforming dwelling because it
was built before the current setback requirements were established. The
applicant has requested the following variances:
1) A 10-foot variance to permit a structure setback of 65-feet to the
Ordinary High Water Mark (OHWM), rather than the minimum
required 75-foot setback [Ordinance Section 1104.302: (4)
Setback Requirements].
DISCUSSION:
The subject property was platted in March of 1930, and is located within the R-1
(Low Density Residential) and the Shoreland Districts (SO). The lot is riparian
with dimensions of91-feet by 222.3-feet (164.8 + 57.5) by 110-feet (60 + 50) by
171.1-feet (161.1 + 10) for a total lot area of 22,528 square feet.
According to City records the existing house was constructed in 1982 under
Building Permit #82-114. In 1980, Variance #80-13 was granted for a detached
garage 22-feet x 22-feet, to be setback 20 feet from the front property line and 5
feet from the side property line.
16200 Eagle Creek Ave_ SE, Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
The principal structure has an existing main level and lower level deck with a
setback of 65-feet from the OHWM, and an existing lower level porch, 11.5' deep
by 28' wide, that is setback approximately 67-feet from the OHWM.
The owners are now proposing to add a 12.5' x 27.3' room addition over the 12'
x 28' existing deck, and a 12' x 21' screen porch addition over the other existing
deck. The proposed porch walls will not encroach closer to the ordinary high
water mark (OHWM) than the existing decks, but the roof overhang will encroach
an additional1-foot as proposed. (Attachment 2 - Porch/Room Plans). In
addition, the conversion of the deck area to a porch addition is an intensification
and expansion of the existing nonconforming structure and is not permitted by
City Ordinance [Section 1107.2303: Special Requirements: (2) Nonconforming
Structures: a. Permitted Construction].
The applicants did not utilize setback averaging since the adjacent structures are
setback further from the Ordinary High Water Mark than the existing decks. The
. average setback would probably be more than the setback of the existing
structures on this lot.
The proposed plans include a total impervious surface area of 5,306 square feet
for a 23.6% hard surface coverage area, which is within the 30% allowed by
Ordinance Section 1104.306.
The applicant submitted the attached letter describing the reasons for this
variance request (Attachment 3 - Applicant LeUer).
The City Engineering Department submitted comments for this report stating in
essence, approval of the requested variances is contrary to the goals of the
Comprehensive Lake Management Plan, which is to "minimize the transport of
nutrients, sediment and runoff from city streets and lands which impact the Prior
Lake watershed, and promotes lake creep, the encroachment of buildings and
impervious areas towards the lakeshore".
The Department of Natural Resources has submitted a no comment response on
this request.
VARIANCE HARDSHIP S1 ANDARDS
1. Where by reason of narrowness, shallowness, or shape of a lot, or
where by reason of exceptional topographical or water conditions or
other extraordinary and exceptional conditions of such lot; the strict
application of the terms of this Ordinance would result in peculiar and
practical difficulties or exceptional or undue hardship upon the owner
L:\01 files\01 variances\01-081\VarRpt01-081.doc
Page 2
of such lot in developing or using such lot in a manner customary and
legally permissible within the Use District in which said lot is located.
The conversion of a deck into a porch or room addition is an obvious
expansion and intensification of the nonconforming structure. Therefore the
variance as requested for the OHWM setback does not meet the hardship
standards.
2. Conditions applying to the structure or land in question are peculiar to
the property or immediately adjoining property, and do not apply,
generally, to other land or structures in the Use District in which the
land is located.
The OHWM setback is not peculiar to the subject lot or adjoining property and
does apply to other land and structures in the Shoreland District.
3. The granting of the proposed Variance is necessary for the preservation
and enjoyment of a substantial property right of the owner.
The granting of the OHWM setback variance can be eliminated by
maintaining the existing conditions of the principal structure and attached
deck rather than adding a porch addition.
4. The granting of the proposed Variance will not impair an adequate
supply of light and air to the adjacent property, unreasonably increase
the congestion in the public streets, increase the danger of fire, or
endanger th.e public safety.
The granting of the OHWM setback variance for the porch/room addition
should not impair adequate light and air to adjacent properties nor endanger
the public safety.
5. The granting of the Variance will not unreasonably impact on the
character and development of the neighborhood, unreasonably
diminish or impair established property values in the surrounding area,
or in any other way impair the health safety, and comfort of the area.
The granting of the variance will unreasonably impact on the character and
development of the neighborhood by further promoting "lake creep" by
permitting expansion and intensification of existing structures.
6. The granting of the proposed Variance will not be contrary to the intent
of this Ordinance and the Comprehensive Plan.
L:\01 files\01 variances\01-081 WarRpt01-081.doc
Page 3
The granting of the OHWM setback variance for a new porch/room addition is
contrary to the intent of the City Ordinance and Comprehensive Plan because
the intent is to maintain a minimum setback of 75 feet from the OHWM unless
permitted to encroach closer with setback averaging.
7. The granting of the Variance will not merely serve as a convenience to
the applicant but is necessary to alleviate a demonstrable undue
hardship or difficulty.
The requested setback variance is not necessary as proposed, because the
existing deck structure has less of an impact than a porch/room addition.
8. The hardship results from the application of the provisions of this
Ordinance to the affected property and does not result from actions of
the owners of the property.
The requested OHWM setback variance is a result of property owners
actions, and could be eliminated by use of the existing structures.
9. Increased development or construction costs,or economic hardship
alone shall not be grounds for granting a Variance.
Financial considerations alone are not grounds for the granting of the
requested variance.)- ~ ~..)
RECOMMENDATION:
Staff feels thatall nine hardship criteria have not been met with respect to the
requested variance to the OHWM setback for constrlJction of a roofed porch and
room additions. The staff therefore recommends denial of the requested
variance as proposed on Attachment 1 Certificate of Survey.
\
ALTERNATIVES:
1. Approve the variance requested by the applicant, or approve any variance
the Planning Commission deems appropriate in the circumstances. In this
case, the Planning Commission should direct staff to prepare a resolution
with findings approving the variance request.
2. Table or continue discussion of the item for specific purpose.
3. Deny the application because the Planning Commission finds a lack of
demonstrated hardship under the zoning code criteria.
L:\01 files\01 variances\01-081\VarRpt01-081.doc
Page 4
ACTION REQUIRED:
Staff recommends Alternative #3. This action requires a motion and second
adopting Resolution 01-019PC denying the OHWM setback variance as
proposed by the applicant.
L:\01files\01 variances\01-081 \VarRpt01-081.doc
Page 5
RESOLUTION 01-0l9PC
A RESOLUTION DENYING A 10 FOOT VARIANCE TO PERMIT A 65 FOOT
STRUCTURE SETBACK FROM THE ORDINARY HIGH WATER MARK
RATHER THAN THE REQUIRED MINIMUM OF 75 FEET
BE IT RESOLVED BY the Board of Adjustment of the City of Prior Lake, Minnesota;
FINDINGS
1. Alfred & Thelma Cutaia (applicant/owner) have applied for a variance from the
Zoning Ordinance in order to permit the construction of a porch and room addition to
a single family residence with attached garage on property located in the R-1 (Low
Density Residential) District and the SD (Shoreland Overlay) District at the following
location, to wit;
15366 Red Oaks Road SE, legally described as follows:
Lot 26 and that part of Lot 27 lying Southwesterly of a line described as commencing
at the most Easterly comer of said Lot 27; thence Southwesterly along the
Southeasterly line of said Lot 27 a distance 77.90 feet to he point of beginning ofthe
line to be described; thence Northwesterly deflecting 71016' 31" to the right a distance
of 164.8 feet to the Northwesterly line of said Lot 26, and said line there terminating.
All located in RED OAKS, according to the recorded plat thereof, Scott County,
Minnesota.
2. The Board of Adjustment has reviewed the application for variances as contained in
Case #01-081PC and held hearings thereon on October 8, 2001.
3. The Board of Adjustment has considered the effect of the proposed variance upon the
health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variance on the
Comprehensive Plan.
4. Because of conditions on the subject property and on the surrounding property, the
proposed variance will result in the impairment of an adequate supply of light and air
to adjacent properties, unreasonably increase congestion in the public streets, increase
the danger of fire, and danger to the public safety, unreasonably diminish or impair
1:\01 files\O I variances\O 1-081 \dnyres.doc 1
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
health, safety, comfort, morals or in any other respect be contrary to the Zoning
Ordinance and Comprehensive Plan.
5. The applicant has control over the proposed house addition and shape, such that the
hardship has been created by the applicant. Reasonable use of the property exists
with the decks and existing principal structure.
6. There is no justifiable hardship caused by the required lakeshore setback, as
reasonable use of the property and existing decks is possible without the granting of
the variance.
7. The granting of the variance, as originally requested, is not necessary for the
preservation and enjoyment of. a substantial property right of the applicant. The
variance will serve merely as a convenience to the applicant, and is not necessary to
alleviate demonstrable hardship. The factors above allow for an alternative structure
to be permitted with a reduced variance or none at all.
8. The contents of Planning Case 01-081PC are hereby entered into and made a part. of
the public record and the record of decision for this case. .
CONCLUSION
Based upon the Findings set forth above, the Board of Adjustment hereby denies the
following variance for a porch and room addition to a single family dwelling as sh()wn in
Attachment 1 - Certificate of Survey;
1. A 10-foot variance to permit a 65-foot structure setback from the ordinary high water.
mark of904 feet, rather than the required minimum'75-foot setback.
Adopted by the Board of Adjustment on October 8, 2001.
Thomas E. V onhof, Commission Chair
ATTEST:
Donald R. Rye, Planning Director
1:\01 files\O 1 variances\O 1-081 \dnyres.doc
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Survey For Al Cutaia
15366 Red Oaks Drive
Pri or Lake, MN
File 64 RR
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This plan, specification or report was prepared by me or under my direct supervlslon, and that I
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Description:
Lot 26 and that part of Lot 27 lying Southwesterly of a line described as commencing at the
most Easterly corner of said Lot 27; thence Southwesterly along the Southeasterly line of said
Lot 27 a distance of 77.90 teet to the point of beginning of the line to be described; thence
North~esterly deflecting 71 16'31" to the right a distance of 164.8 feet to the Northwesterly
line of said Lot 26, and said line there terminating. All loc6ted in RED OAKS, according to
the recorded plat thereof, Scott County, Minnesota.
Hard Cover
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City of Prior Lake Planning Department
16200 Eagle Creek Ave.S.E.
Prior Lake, MN 55372-1714
Dear Sir:
This application for a variance to the setback from the OHWM is requested for the
following reasons.
1. We wish to convert the existing decks on the 2nd floor of a walkout- ranch house
to a living room and screened porch. This conversion would greatly improve the
quality of our living space ,and also enhance the excellent view of the lake, which
we value so much. The existing decks are setback at 70 feet from the OHWM, the
conversion would have the same setback.
2. The existing deck is in need of major repair and therefore would be necessary to
make this conversion within the next year.
We believe this conversion would enhance the usefulness of our property without
impairing our neighbor's environment, view, safety, or property value.
UJ{;},M- ~< ~~
AI & Thelma Cutaia
15366 Red Oaks RD.S.E. ~
Prior Lake MN
55372
ATTACHMENT 3 APPLICANT LETTER
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
6A
CONTINUE PUBLIC HEARING TO CONSIDER AN
AMENDMENT TO THE ZONING ORDINANCE
LIMITING THE HOURS OF OPERATION FOR CAR
WASHES
JANE KANSIER, PLANNING COORDINATOR
X YES NO
OCTOBER 8, 2001
PRESENTER:
PUBLIC HEARING:
DATE:
INTRODUCTION:
On September 24, 2001, the Planning Commission conducted a public hearing
on an amendment to the Zoning Ordinance that would limit the hours of
operation for car washes, which are included within the category of motor vehicle
service and repair. The Planning Commission was concerned whether the.
proposed amendment would adequately control the noise and still allowthe car
washes to operate. The Commissioners tabled action on this amendment and
directed staff to contact the operators of the local car wash for suggestib'ls.
DISCUSSION:
The staff left a message for the Holiday Station representative requesting
information about this matter. As of the writing of this report, we have not
received any return calls. However, this issue was raised by the City Council
when the CUP for the proposed Holiday Station at Pike Lake Trail and CSAH 42
was considered. At that time, the Holiday Station represented that the doors to
the car wash could remain closed to mitigate the noise impact. A copy of the
City Council minutes of February 5, 2001, is attached to this report for your
information.
ANAL YSIS:
The description of the Motor Vehicle Service and Repair use, listed in Section
1101.1000 of the Zoning Ordinance, includes "repair, lubrication, washing,
detailing, equipment installation, engine overhauls and other similar uses
involving automobiles, trucks, and recreational vehicles." Although not
specifiqally listed, car washes are consistent with this definition.
1:\01 files\01 ordamend\zoning\01-076\pc report2.doc
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Motor vehicle service and repair is permitted as an accessory use to a motor fuel
station, which also requires a Conditional Use Permit, in the C-1 (Neighborhood
Commercial) and C-3 (Specialty Business) districts, and as a conditional use in
the C-4 (General Business) district. This use is not permitted in the C-2
(Community Business) district.
The purpose of limiting the hours of operation for these uses is to limit the noise
and other potential impacts on nearby residential uses. In the C-1 district, the
hours of operation for this use are already limited to 6:00 am to 11 :30 pm. One
option for this amendment is to use the same limitations in the C-3 and C-4
districts. Another option would be to apply the same limitations that are in place
for combustion engines (Section 903.400 of the City Code). These hours are
6:00 am to 10:00 pm on Monday through Friday, 7:00 am to 10:00 pm on
Saturday, and 8:00 am to 10:00 pm on Sunday. A third option would provide
some flexibility for the operator of these uses. This option would limit the hours
unless the doors to the facility were to remain closed at all times.
The staff suggests combining the limitation on the hours of operation, with the
provisions for keeping the doors closed. This is consistent with the conditions
imposed on the CUP for the proposed Holiday Station. The hours suggested are
6:00 am to 11 :30 pm, which is consistent with the existing limitation in the C-1
district. The attached draft ordinance includes the language detailing this option.
RECOMMENDATION:
Section 1108.600 of the Zoning Ordinance states specific findings that must be
met to change the ordinance. These are:
1. There is a public need for the amendment.
2. The amendment will accomplish one or more of the purposes of this
Ordinance, the Comprehensive Plan, or other adopted plans or policies of the
City.
3. The adoption of the amendment is consistent with State and/or Federal
requirements.
Staff feels there is a public need for these amendments. The restrictions on the
hours of operation will serve to mitigate noise and other potential nuisances that
may result from the motor vehicle service and repair uses. The proposed
language also provides some flexibility by allowing the use to operate outside the
hours of operation if the doors remain closed.
ALTERNATIVES:
1. Recommend the Council approve the amendment as proposed, or with
changes specified by the Planning Commission.
1:\01 files\O 1 ordamend\zoning\O 1-076\pc report2.doc
Page 2
2. Recommend the Council deny the proposed amendment.
3. Table or continue discussion of the item for specific purpose.
RECOMMENDATION:
The staff recommends Alternative #1 .
ACTION REQUIRED:
A motion and second recommending approval of the proposed amendment as
recommended by staff and indicated in the attached draft ordinance.
REPORT ATTACHMENTS:
1. Draft Ordinance Amendment
2. Minutes of September 24,2001 Planning Commission Meeting
3. Minutes of February 5,2001 City Council Meeting
1:\01 files\01 ordamend\zoning\01-076\pc report2.doc
Page 3
CITY OF PRIOR LAKE
ORDINANCE NO. 01- XX
AN ORDINANCE AMENDING SECTIONS 1102.1104 (1) AND 1102.1203 (3) OF
THE PRIOR LAKE CITY CODE
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 1102.1104 (1) of the Prior Lake City Code is hereby amended as follows:
1102.1104
Motor Vehicle Service, Repair shall be permitted accessory uses
under the following conditions:
a. Shall be permitted only if accessory to a motor fuel station;
b. The number of service bays shall not exceed 2;
(1)
c. No public address system shall be permitted;
d. All repair, assembly, disassembly, and maintenance of vehicles shall
be inside a closed building except tire inflation, changing wipers or
adding oil.
e. Test driving shall be prohibited on any street in an "R" Use District.
f. Hours of operation shall be limited to 6:00 am to 11 :30 pm, unless
the service doors to the facility remain closed at all times. c,..
2. Section 1102.1203 (3) of the Prior Lake City Code is hereby amended as follows:
.1102.1203 (3) Motor Vehicle Service, Repair. Conditions:
a. No public address system shall be audible from any property located
in an "R" Use District.
b. All repair, assembly, disassembly and maintenance of vehicles shall
be inside a closed building except tire inflation, changing wipers or
adding oil.
c. Test driving shall be prohibited on any street in an "R" Use District.
d. Access shall be to a roadway identified in the Comprehensive Plan
as a collector or arterial or shall be otherwise located so that access
can be provided without generating significant traffic on local
residential streets.
e. The building housing the use shall be located a minimum of 100 feet
from any lot in an "R" Use District.
g. A bufferyard, as determined by subsection 1107.2003, shall be
provided along any abutting an "R" Use District.
I: \0 I files\O I ordamend\zoning\O 1-07 6\draftord2.doc
PAGEl
h. Hours of operation shall be limited to 6:00 am to 11 :30 pm, unless
the service doors to the facility remain closed at all times.
1. A car wash shall have parking space to permit the stacking of at least
30 cars or the maximum number of vehicles which can be washed
during a 30 minute period, whichever is greater; plus an additional
10 off-street parking spaces for employees and storage of employee
owned and washed cars.
J. Drainage and surfacing plans for a car wash shall be approved by the
City Engineer. The plans shall describe the wash water disposal and
sludge removal facilities to be employed to accomplish dust, salt and
other chemical and mud abatement on the premises and prevent the
accumulation of surface water, wash water or sludge on the site or in
the vicinity of the premises.
k. A c'1T wash shall have all parking and paved areas meet the drainage,
design and landscaping provisions of subsection 1107.200.
1. No ingress or egress points for a car wash shall be closer than 150
feet from the point of intersection of the required front and side yard
lines adjoining intersecting streets. The exit door from the car wash
shall be at least 45 feet from the public right-of-way. Drainage shall
be away from the public street at the egress points to prevent spillage
onto the street. The grades of the interior floor shall be sloped away
from the exit door, and said floor shall be sloped to an accepted
interi!;>r drainage systell1. No water which is u~~q.il.1.,~!oB~raHon_..(}f
the car wash shall be allowed on any public right':'of-way.
m. Automatic car washes accessory to a motor fuel 'station~ Or . motor
vehicle service and repair facility shall provide stacking$.Bac~ for at
least four cars. Cars located in these st.acking spac~e~ Jffiould.. not
block ingress and egress driveways on the site or driveways
providing access to gasoline pumps, service bays or required off-
. street parking, exc~t that vehicles in stacking spaces may block
access to parking stalls which are signed for employee parking only.
All other provisions in subsections 1102. 1203(3a) through
11 02. 1203(3j) above shall apply to automatic car washes, exc~t that
no additional off-street parking spaces shall be required for an
automatic car wash and ingress or egress to an automatic car wash
may be permitted within 150 feet of the point of intersection of the
required front and side yard lines subject to the limitations of
subsection 1l02.l203(3j).
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
,2001.
] :\0 1 files\O 1 ordamend\zoning\O 1-076\draftord2.doc
PAGE 2
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
1 :\0 1 files\O 1 ordamend\zoning\O 1-07 6\draftord2.doc
,2001.
PAGE 3
Planning Commission Meeting
September 24, 2001
Comments from the Commissioners:
Criego:
· Agreed w staffs recommendation to approve the vari
decorative b k. The garage will look nicer with one
to be flood pro d. The decorative block would so
. Approve as long the garage remains the same s' .
es and to approve the
terial. The lower level has
the problem.
.
.
design and materials was so nothing
ot intended to deny someone who wants to
.
.
Atwood, Lemke and V 0
MOTION BY CRIE , SECOND BY ATWOOD,D'
RESOLUTION ROVING THE VARIANCES AND
DECRATIVE OCK THROUGHOUT THE STRUCT
CONDITIO
TING STAFF TO DRAFT A
OWING THE
, MEETING STAFF'S
MOTION CARRIED. .
~
C. Case File #01-076 Consider an amendmentto 8ettlons 1101.1104(1) and
1102.1203(3) of the Zoning Ordinance pertaining:iq.~b.~J!ollrs of operation for
motor vehicle service and repair and to Section 110701907(4) ofthe Zoning
Ordinance pertaining to the need for rain sensors on irrigation systems.
Planning Director Don Rye presented the Planning Report.
The purpose of this public hearing is to consider two amendments to the Zoning
Ordinance. The first amendment would limit the hours of operation for car washes,
which are included within the category of motor vehicle service and repair. The second
amendment would add a provision requiring rain sensors on required irrigation systems.
These amendments were initiated by the City Council.
Section 1108.600 of the Zoning Ordinance states specific findings that must be met to
change the ordinance. These are:
1. There is a public need for the amendment.
2. The amendment will accomplish one or more of the purposes of this Ordinance, the
Comprehensive Plan, or other adopted plans or policies of the City.
L:\O I files\O I plancomm\O I pcminutes\MN09240 I.doc 6
Planning Commission Meeting
September 24,2001
3. The adoption ofthe amendment is consistent with State andlor Federal requirements.
Staff felt there is a public need for these amendments. The restrictions on the hours of
operation will serve to mitigate noise and other potential nuisances that may result from
the motor vehicle service and repair uses. The proposed language also provides some
flexibility by allowing the use to operate outside the hours of operation if the doors
remain closed. The rain sensor requirement will help to preserve the City's water supply,
one ofthe City's natural resources.
There were no comments from the public.
Comments from the Commissioners:
Stamson:
. Agreed with staff, all the ordinances met the criteria set forth by the State.
. Use the same restrictions as Cl to be consistent. The time frame of 6:00 a.m. to
11 :30 p.m. makes the most sense. That will be the primary hours for station
businesses.
. Did not like staffs third option. Explained the difficulty of enforcing.
. The irrigation amendment should be approved.
Atwood:
. Agreed with Stamson.
. Questioned if Commercial restrictions are the same for a watering ban? Rye said it
was.
Lemke:
. Questioned if it was a rain or moisture sensor. Criego said he was an expert on the
matter and explained.
. The carwash ordinance makes no distinction how far away the homes are located.
There should be some sort of distance built into the ordinance.
. Most ofthe noise is from the drying fans outside the carwash. Rye explained the
proposal.
Criego:
. The recommendation is basically 6:00 a.m. to 11 :30 p.m. with the doors closed or not
operational.
. Most people are sleeping at 6:00 am. As it relates to nighttime, people are in bed at
10 pm. There is still a noise issue with this time frame. If there are no neighbors, we
are imposing limitations on something that is not needed.
. Regulate the distance to residents. Then set the hours. The problem is noise.
. Irrigation sensors are great.
V onhof:
. Agreed with the irrigation. Rain sensors are a great idea.
L\Olfiles\Olplancomm\Olpcminutes\MN092401.doc 7
Planning Commission Meeting
September 24, 2001
· Agreed with Stamson, there should be consistency with the districts regarding the
carwashes. It would be possible, especially with gas stations, which are adjacent to
residential areas. Something could be done.
· Don't know if its better to regulate the hours or maintain the doors be closed all the
time. Noise is a continual condition.
Open Discussion and comments: (regarding carwashes)
· Most carwashes now have to open the back door to be air-dried.
· Most gas stations are along Highway 13. Between 6:00 a.m. and 11 :30 p.m., the
traffic and noise levels are going to be higher, the carwash noise is not going to be
significantly contributing to that.
· Do not like the doors being shut. Liked Lemke's suggestion of mitigating the
distance from a residential district.
· There is a design that keeps the dryer inside the carwash.
. How to police?
· Questioned staffifthere have been complaints from the Cl District. Rye said there
were non~, it came from a C4 district.
. All agreed there_should be some regulation.
. Limit the hours of open doors.
. Hard to speculate what will happen.
· Really only applies to 2 stations in Prior Lake.
· Table to next session and contact the stations and explain the problem and see if they
have a solution that would work. They may have. additional information.
· Other cities l1ave varying regulations to their ordinances. There is no standard
language.
MOTION BYSTAMSON, SECOND BY CRIEGO;:R.ggOMMENDING CITY
COUNCIL APPROVE THE RAIN SENSOR AMENDMENT PURSUANT TO
STAFF'S LANGUAGE.
Vote taken indicated ayes by all. MOTION CARRIED.
MOTION BY STAMSON, SECOND BY LEMKE, TO TABLE THE CARWASH
ISSUE TO OCTOBER 8, 2001 AND CONTINUE THE PUBLIC HEARING.
Vote taken indicated aye by all. MOTION CARRIED.
Zoning Administrator Stev rsman presente olution 01-015PC as directed by the
e September 10,2001 me .
5. Old Busi
L:\O I files\O 1 plancomm\O 1 pcminutes\MN09240 I.doc 8
City Council Meeting Minutes
February 5, 2001
MOTION BY ERICSON, SECOND BY ZIESKA TO APPROVE RESOLUTION 01-09 APPROVING A
PARK FEE STUDY~D AUTHORIZING A NEW PARK DEDICATION F E FOR INCORPORATION
INTO THE 2001 FEE HEDULE.
MADER: Asked if staff is satl' ~d with the recommendations of t
""', '
WALSH: Confirmed and advised th'a1 staff has been closely' volved throughout the process.
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VOTE: Ayes by Mader, Gundlach, Eri~~ and Ziesk ,the motion carried.
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NEW BUSINESS:
Consider Approval of a Resolution
Program for Purchase of a 5- Ton Si
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s/deferred under the A.p.proval of the Agenda.
,.
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t~\
-""i:;
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Consider Approval of Resolution Awarding Bid through lhe State Cooperative Purchasing
Program for Purcha pf a Front-End Loader. "-
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VThis Item was deferred under the Approval of the Agenda.
.' '-:
a'rding,f3id through the State Cooperative Purchasing
e Axle Cab,and Chassis.
" Consider Approval of a Resolution Approving a Conditional Use Permit for> a Gas
~ Station/Convenience Store/Car Wash on Property located at the Southwest Corner of CSAH 42
/1 ~ and Pike Lake Trail known as Holiday Station Store.
KANSIER: Discussed the project in connection with the staff report and the conditions subject to
approval including parking, easement for common driveway, irrigation and surface water plans,
outdoor storage on site, and public address system.
MADER: Asked if the developer is in agreement with the conditions.
KANSIER: Confirmed that the only issue is the number of parking spaces on the developer's present
plan, but that there is room on the site for the minimum number of spaces required by the ordinance.
ERICSON: Asked how close the residential units are to the car wash, and has the City any ability to
regulate the noise impacts.
KANSIER: Explained that the closest residences are in the Maple Hills subdivision at a little less than a
quarter of a mile and should be adequately buffered by landscaping. Advised that noise impacts are
generally regulated under MPCA guidelines and suggested a condition limiting hours of operation of
the car wash if there was a concern regarding its noise impact on the residential neighborhoods.
ERICSON: Agreed with limiting hours of operation and suggested looking at researching an ordinance
that would impose such restrictions on all similar operations.
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City Council Meeting Minutes
February 5, 2001
ZIESKA: Commented that in a car wash, it helps to keep the doors closed to control the noise impacts,
but that operators tend to keep the doors open during the day to control moisture and mildew inside
the bay.
VICTOR SAPP (Holiday Companies): Advised that due to the location, there is already significant
natural noise impacts from County Road 42.
MADER: Asked if this conditional use permit in renewed annually.
KANSIER: Not in this case.
MADER: Asked if it would be acceptable to add a condition that requires a sound decibel level
standard has to be agreed to between the company, the City and the MPCA.
RYE: Advised that the City is not in a position to impose stricter noise restrictions than the MPCA and
suggested that the condition may be to comply with state standard.
ERICSON: Supported a limit of hours of operation with respect to the car wash if that is the only way to
keep the neighborhood from being disrupted.
MADER: Suggested deferring the item so that the staff and company could work out an acceptable
agreement.
SAPP: Suggested rather than deferring the item, adding a condition that the doors be closed during
the operation of the car wash after 10pm. Holiday Companies would be responsible for any design
adjustments for the 'car 'wash.
MOTION BY ERICSON, SECOND BY GUNDLACH TO APPROVE RESOLUTION 01-10
APPROVING THE CONDITIONAL USE PERMIT FOR A GAS STATION/CONVENIENCE
STORE/CAR WASH ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF CSAH 42
AND PIKE LAKE TRAIL KNOWN AS HOLIDAY STATION STORE WITH THE ADDITIONAL
CONDITION THAT THE CAR WASH NOT BE OPERATED BETWEEN 10PM AND 6AM UNLESS
THE DOORS ARE CLOSED, AND DIRECTING STAFF TO RESEARCH A POTENTIAL ORDINANCE
SIMILARLY REGULATING LIKE OPERATIONS.
GUNDLACH: Asked about the issues with the shared driveway and the possibility of a pipe under the
driveway.
KANSIER: Advised that the City would not issue a building permit until the easement has been
acquired. Also noted that the other possible obstruction for the driveway was a hydrant or utility box
and that the Developer would be responsible for moving it.
SAPP: Clarified that there is a utility at the shared easement area, and at the other access there is a
small culvert that makes it necessary to shift the access, but that those drawings have been
submitted.
ZIESKA: Asked about the evergreen trees along the eastern boundary.
SAPP: Advised that the trees proposed were faster growing than evergreen and would provide better
screening.
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City Council Meeting Minutes
February 5,2001
VOTE: Ayes by Mader, Gundlach, Ericson and Zieska, the motion carried.
Consider A proval of a Resolution Approving Preliminary Plat for Matson's Ij1dition.
KANSIER: Dis ssed the proposal in connection with the staff report and the COJl~tions suggested by
staff for a land ape and tree replacement plan for Lot 1 as well as provide perimeter drainage and
utility easements. Also advised that because this is for only one lot, it is Jot proposed to improve
Centennial Road a this time. ,/
PACE: Asked if the fin lat would be subject to a development agreell)ent.
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KANSIER: Confirmed and vised that the City would be collecting a'park dedication fee in connection
with that agreement since t application was already in process.,,1
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MOTION BY ZIESKA, SECO BY ERICSON TO APPZO 'E RESOLUTION 01-12 APPROVING
THE PRELIMINARY PLAT FOR ATSON'S ADDITION.
VOTE: Ayes Mader, Gundlach, En son and Zieska, the m, ion carried.
Consider Approval of a Resolutl Pursuant t Minnesota Statutes 469.174, Subd. 10
Declaring Buildings Located Upon Cain pro';f;OtoJ be Structurally Substandard.
MADER: Provided an overview of the actio re~ested with respect to the City's purchase of the T J
Towing property. '
MOTION BY ZIESKA, SECOND BY ERIC ON 0 APPROVE RESOLUTION 01-13 PURSUANT TO
MINNESOTA STATUTES 469.174 SUB 10 D LARING BUILDINGS LOCATED UPON CERTAIN
PROPERTY TO BE STRUCTURALLY, UBSTAN RD.
,,vOTE: Ayes by Mader, GundlaCh!. E~ son and lies ,the motion carried.
OTHER BUSINESS I COUNCIL EMBER REPORTS:
MADER: Recommended a Co
Zieska and himself.
velop a transit service of Council member
MOTION BY MADER, ECOND BY ERICSON TO APPOI COUNCILMEMBER ZIESKA AND
MAYOR MADER AS T E TRANSIT SUBCOMMITTEE.
VOTE: Ayes by Mad ,Gundlach, Ericson and Zieska, the motion
MADER: Also note that the City is taking applications for persons i terested in participating on the
City's Business evelopment Committee.
A motion to a ourn was made and seconded. The meeting adjourned at :30pm.
Kelly Meyer, Recording Secretary
Frank Boyles, City Manager
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