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HomeMy WebLinkAbout0107 SpecialSPECIAL COUNCIL MEETING MINUTES January 7, 2002 CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Present were Mayor Haugen, Councilmembers Gundlach, Ericson and Zieska, Planning Director Rye, Assistant City Manager Walsh, Zoning Administrator Horsman and Recording Secretary Meyer. Councilmember Petersen was absent. OATH OF OFFICE: Bo¥1es: Gave the oath of office to Jack Haugen as the elected Mayor, and to Joe Zieska as an elected City Councilmember. PLEDGE OF ALLEGIANCE. CONSENTAGENDA: NONE PRESENTATIONS: NONE PUBLIC HEARINGS. Consider Approval of a Resolution Upholding the Denial of Variances for Side Yard Setback and Impervious Surface for Property Located at 15239 Fairbanks Trail (Norling). Horsman: Reviewed the agenda item in connection with the staff report, discussing the plans of the applicant and the Planning Commission action and rationale to date. Zieska: Asked for clarification that the drawings shown identified the building that could be constructed with the three variances granted in green, and that the yellow area shows the differences between what they desired and what was approved. Horsman: Confirmed, and noted that the deck area was removed and that the question before the Council involves only the garage. Gundlach: Asked for clarification on the request for the side yard variance and how that impacts development on the neighboring property. Horsman: Advised that if the minimum setback for this property is set at 5 feet, and keeping in mind that the minimum setback between buildings is 15 feet, there would be a limitation on the adjacent property owner from expanding toward the property line. As proposed, the setback on the other side would be 8.85 feet and would restrict the other adjacent property owner similarly. Gundlach: Asked if thero has been any indication or objection by either of those neighbors. Horsman: Indicated that there was no opposition in writing or at the public hearing. Gundlach: Asked about the request for the impervious surface variance. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER City Council Special Meeting Minutes January 7, 2002 Horsman: Indicated that the applicant has discussed a proposal for rain barrels with the Watershed District. Currently, the City staff nor the DNR accepts rain barrels as an acceptable method of mitigating impervious area. As proposed, the project is 2.9% over the impervious surface maximum. Gundlach: Asked what issues are addressed to determine that 30% would be the maximum allowable impervious surface. Horsman: Discussed the issues presented by the Engineering Department in considering impervious surface, including that (1) increasing the impervious surface adjacent to the lake reduces the buffer strip which is necessary to remove pollutants from runoff; (2) increasing the impervious surface promotes lake creep which is the encroachment of buildings and impervious areas toward the shoreline; (3) it increases the potential for shoreline erosion, and (4) it contradicts the goal of the Comprehensive Lake Management Plan to minimize the transfer of nutrients and sediment and runoff from City streets and land which impact the lake. Ericson: Asked what the square footage is of the footprint that has been approved by the Planning Commission. Horsman: 2180 square feet according to our calculations as supplied by the survey company. Noted that deck area is not calculated in impervious surface as long as certain conditions are met. In addition, included in the maximum 30% area of 2180 square feet is the larger driveway and entry way. Ericson: Noted that as far as the driveway, the Council may want to consider that the proposal may actually be less impervious surface that currently exists even though the materials are different. Zieska: Noted that the rear lot line is approximately 15 feet from the shoreline, which would affect the impervious surface calculation depending upon the lake level. Horsman: Advised that for calculation of impervious surface on lake lots is from the 904 OHW. Rye: Advised that technically, land below the 904 OHW mark is owned by the State of Minnesota under statute, which is why the calculations are done. Horsman: Estimated that the additional area is approximately 200 square feet. The variance request is for 214 square feet. Rye: Also noted that the 30% impervious surface maximum is an implementation of DNR rules and regulations. The DNR regulation for a general development lake is typically 25%, even though the ordinance was adopted at 30%. Mayor Haugen declared the public hearing open. Dave Norlin,q (15239 Fairbanks Trail NE): Thanked each of the Councilmembers for their time in getting the background on this issue. Discussed the process with the Planning Commission to date and the revisions that have been made from the original plan including reduction of the garage and driveway area, eaves and overhangs, and the use of rain barrels. Noted that they did submit a letter noting how each of the variances presented a hardship. Further noted that in order to put a bedroom on the lower, a walkout is necessary as the only safe fire escape route. Also noted that allowing the garage and driveway will relieve the parking congestion at the street and allow better access for emergency vehicles. Rachel Norlin,q: Added that they have attempted to follow the guidelines set by the City, and have revised the original plans considerably. Noted that they were aware of the size of the lot when it was bought, but that they need a useable home. City Council Special Meeting Minutes January 7, 2002 Zieska: Asked if there were costs that were incurred as a result of their understanding that the variances had been granted by the Planning Commission. Norling: Confirmed. Gundlach: Asked the costs of the paver driveway. Norling: Advised that it was $2.86 per block. Other grading costs would be required, and the paver system itself has some concerns when you factor in the Minnesota climate and how the subgrade would hold up through freezing and thawing, particularly with a $7500 to $10,000 initial cost. Zieska: Asked the minimum square feet for standard riparian lot. Rye: 15,000 if riparian, 25,000 if non-riparian. Brian Porth (15271 Fairbanks Trail): Added that having the cars removed from on-street parking would certainly provide better access. Also believed that staying 8.85 feet from the lot line is adequate, and that he believed the Norlings have done a commendable job in trying to address all the concerns. Mayor Haugen declared the public hearing closed. Pace: Noted a petition signed by 10 neighbors of the Norlings requesting that variances be granted, and submitted it into the formal record. Hau.qen: Commented that it seemed that an effort was made to reduction the impervious surface by adding the green space areas around the driveway. Also believed there was a safety issues with being able to remove vehicles and recreational vehicles from the on-street parking area. Also believed that eliminating the entry from the side of the house was a much more consistent pattern of entry to the home. Does not believe granting the variance would be injurious to the health, safety or welfare of the neighborhood. Ericson: Agreed with the comments by Mayor Haugen that allowing the variances would be overall beneficial to the neighborhood. Zieska: Supported granting the variances as well, and noted that the expansion of the structure was to the street side rather than the lake side, which is not typical of many variance requests. Further noted that the lot was particularly small in comparison to a standard lot. Gundlach: Also agreed that overall the improvements would be positive for the neighborhood. Suggested that the Council consider adding a condition to the resolution requiring the rain barrels. MOTION BY ZIESKA, SECOND BY ERICSON DIRECTING STAFF TO PREPARE A RESOLUTION OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND GRANTING THE VARIANCES REQUESTED WITH THE ADDED CONDITIONS FOR THE RAIN BARRELS. Gundlach: Asked if the green space between the driveways would be a requirements. Horsman: Clarified that the revised impervious surface calculation included the green space and would therefore be required. Rachel Norlin.q: Asked what the next step in the process would be. City Council Special Meeting Minutes January 7, 2002 Boyles: Advised that the next regular Council meeting would be January 22, 2002. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. Haugen: Suggested that the City Council hold a special meeting later in the week to consider final approval of the resolution. MOTION BY HAUGEN, SECOND BY ERICSON TO SET A SPECIAL MEETING TO CONSIDER THE FINAL RESOLUTION TO BE DETERMINED BY THE CITY MANAGER. VOTE: Ayes by Haugen, Gundlach, Ericson and Zieska, the motion carried. OLD BUSINESS: NONE NEW BUSINESS: NONE OTHER BUSINESS / COUNCILMEMBER REPORTS: NONE. A motion to adjourn was made and seconded. The meeting adjourned at ~/ Frank Boyles, City Manager Kelly Meyer, Re, feOrding Secretary 4