HomeMy WebLinkAbout052901REGULAR PLANNING COMMISSION AGENDA
TUESDAY, MAY 29, 2001
Fire Station - City Council Chambers
6:30 p.m.
2.
3.
4.
A.
Bo
e
Call Meeting to Order:
Roll Call:
Approval of Minutes:
Public Hearings:
Case File #01-017 - (continued) Mark Crouse is requesting variances for
impervious surface and the ordinary high water mark for the construction of a
deck on the property located at 15507 Calmut Avenue.
Case File #01-029 - Gary Thomas is requesting a variance to permit a structure
setback less than the minimum requirement from the ordinary-high-water mark
and less than the minimum required setback to the top of bluff for the property
located at 5580 Fairlawn Shores Trail SE.
Old Business:
Consider modifications to Development District 1 and formation of TIF District
1-3.
New Business:
Announcements and Correspondence:
Adjournment:
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
PLANNING COMMISSION MINUTES
TUESDAY, MAY 29, 2001
1. Call to Order:
Chairman Vonhof called the May 29, 2001, Planning Commission meeting to order at
6:34 p.m. Those present were Commissioners Atwood, Criego and Vonhof, Planning
Director Don Rye, Zoning Administrator Steve Horsman and Recording Secretary
Connie Carlson.
2. Roll Call:
Atwood Present
Criego Present
Lemke Absent
Stamson Absent
Vonhof Present
3. Approval of Minutes:
The Minutes from the May 14, 2001, Planning Commission meeting were approved as
presented.
Commissioner Vonhof read the Public Hearing Statement and opened the meeting.
4. Public Hearings:
A. Case File #01-017 - (continued) Mark Crouse is requesting variances for
impervious surface and the ordinary high water mark for the construction of a deck
on the property located at 15507 Calmut Avenue.
Zoning Administrator Steve Horsman presented the Planning Report dated May 29, 2001
on file in the office of the City Planning Department.
On March 26, 2001, the Planning Department received an e-mail from the applicant to
request a postponement of this variance request from the scheduled date of March 26, to
April 23, 2001. On April 20, 2001, the applicant/owner again requested the public
hearing be rescheduled at the end of May due to business commitments.
The applicant e-mailed staff(May 29, 2001) stating he would not be able to attend the
Planning Commission meeting. Therefore he is asking for a continuance to June 25,
2001.
MOTION BY ATWOOD, SECOND BY CRIEGO, TO CONTINUE THE MATTER TO
JUNE 25, 2001.
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The applicant has been out of town due to his business. The City has given the applicant
a deadline is June 25, 2001 as this is the third request.
Rye pointed out there was nothing in the ordinance setting a time line. It just a matter of
process.
Vote taken indicated ayes by all. MOTION CARRIED.
B. Case File #01-029 - Gary Thomas is requesting a variance to permit a
structure setback less than the minimum requirement from the ordinary-high-water
mark and less than the minimum required setback to the top of bluff for the
property located at 5580 Fairlawn Shores Trail SE.
Zoning Administrator Steve Horsman presented the Planning Report dated May 29, 2001
on file in the office of the City Planning Department.
The Planning Department received a variance application from property owner Gary
Thomas for the construction of a porch addition in the place of an existing deck attached
to an existing single family dwelling on the property located at 5580 Fairlawn Shores
Trail. The principal structure is legal nonconforming dwelling because it was originally
built in the bluff impact zone before bluff setbacks were established. The applicant has
requested the following variances:
And
A 2.5foot variance to permit a porch structure setback of 54feet to
the ordinary high water mark (904 ') rather than the required 56.5
foot setback as determined by setback averaging.
A 43foot variance to permit a porch structure encroachment into the
bluff impact zone rather than the required 25foot setback from the
top of bluff.
Staff determined a bluff is apparent in the side yards of the lot on both sides of the
existing structure when the bluff criteria are applied. Along the east lot line the distance
from the 904 foot OHWM to the 929 foot elevation contour is 52 feet with a rise of 25
feet for a slope of 48% , and along the west lot line is a distance of 81 feet with a rise of
25 feet. It appears the center portion of the lot and bluff was excavated when the original
home was built to accommodate a lower level walkout elevation of 924.66 feet.
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 submitted comments on this request. They are not
opposed to the proposed porch addition provided the slope is determined to be stable and
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May 29, 2001
can withstand the footings. The DNR would like to see the existing concrete slab
removed from below the 904' elevation as a condition of the Variance. If approved, good
erosion control measures will need to be implemented and maintained throughout
construction.
Staff felt that all hardship criteria had not been met with respect to the requested
variances to bluff and OHWM setbacks for construction of a roofed porch addition and
therefore recommended denial of the requested variances.
Comments from the public:
Jim Albers, 16043 Northwood Road, represented the applicant, Gary Thomas. Albers
said a key issue is that the deck already exists; it is not going to increase the
encroachment into the bluff or change the lakeside setback. The only thing that will
change is an added roof. He is well within the impervious surface requirement. The
home was built with a permit. If the bluff, side yard and street setbacks were applied
today, the setbacks would not be made, variances would have to be granted. The only
soil being disturbed will be the additional 3 posts. The applicant has no problem
removing the cement slab below the 904 (ordinary high water mark), which is currently
under water.
Comments from the Commissioners:
Criego:
· The Planning Commission has always tried to protect the lake. Situations like this
have come before the Commission and we have always held fast. People can make
improvements and repairs, but not expand.
· Questioned the existing deck size and the proposed size. Horsman responded the
actual area is not going to change. The porch area will increase. It will be 12x15
square foot porch on top of a 12xl 5 square foot deck.
· The roof will not go beyond the current deck size.
· Will agree as long as they are not going any further to the lake and staying within the
footprint.
· The concrete slab must be removed.
Atwood:
· Concurred with Criego. As long as it is not increasing the impervious surface, would
be in favor of granting the request.
Criego:
· It is increasing the impervious surface, but it does not exceed the 30% limit.
Vonhof:
· Concurred with Commissioners, there will not be any further encroachment.
· Include 3 additional requirements:
1) Require the concrete slab be removed.
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2) Appropriate silt fence be put up during construction to prevent any further erosion.
3) Have a gutter system installed on the roof so the runoff will be channeled back to
the house gutters.
MOTION BY VONHOF, SECOND BY CRIEGO, TO APPROVE THE REQUESTED
VARIANCES WITH THE THREE ADDITIONAL CONDITIONS: 1) CONCRETE
SLAB BE REMOVED; 2) APPROPRIATE EROSION CONTROL BE IN PLACE
DURING THE ENTIRE CONSTRUCTION OF THE PROJECT; AND 3) A GUTTER
SYSTEM BE INSTALLED ALONG THE ROOF LINE TO THE EXISTING GUTTER
SYSTEM TO CONTROL RUNOFF. ALSO AN ENGINEERING REPORT PER THE
STAFF REPORT SHOULD BE INCLUDED PRIOR TO THE ISSUANCE OF THE
BUILDING PERMIT.
Vote taken indicated ayes by all. MOTION CARRIED.
5. Old Business:
A. Consider modifications to Development District 1 and formation of TIF
District 1-3.
Planning Director Don Rye presented the Planning Report dated May 29, 2001 on file in
the office of the City Planning Department.
On February 27, 2001, the City Council adopted a resolution approving in concept the
use of tax increment financing to assist in the development of a mixed-use senior housing
and retail facility in the Downtown. The project will consist of 73 condominium units for
seniors and 12,000 square feet of retail. Subsequent to that, the Council directed a tax
increment district be established and a tax increment financing plan be prepared.
Staff concluded the Lakefront Plaza project is consistent with redevelopment goals for
the City and the tax increment financing plan proposed for the project is also consistent
with those goals as it provides a means for the project to proceed.
Comments from the Commissioners:
Atwood:
· See no reason not to proceed.
· Questioned ifLakefront Plaza will be one TIF District and what would the total
potential TIF districts be. Rye responded Lakefront Plaza would be one district and
then it would be project by project. Once a district is established there are certain
timelines and deadlines to be met.
· It is consistent with the redevelopment plan.
Criego:
· It is the right thing to do.
· It fits into the 2020 Plan and the Economic Development Authority plan.
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Vonhof:
ConculTed. It assists in facilitating the redevelopment for downtown.
What is the duration of the district? Rye said 20 years. It could go as long as 25 years.
The project itself is estimated to have a value of around 10 to 12 Million Dollars.
MOTION BY CRIEGO, SECOND BY ATWOOD, APPROVING RESOLUTION 01-
010PC A RESOLUTION OF THE CITY OF PRIOR LAKE PLANNING
COMMISSION FINDING THAT THE MODIFICATION TO THE DEVELOPMENT
PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE TAX INCREMENT
FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-3
CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND
REDEVELOPMENT OF THE CITY.
Vote taken indicated ayes by all. MOTION CARRIED.
The City Council will be holding a public hearing on the TIF plan on June 4, 2001.
6. New Business:
7. Announcements and Correspondence:
8. Adjournment:
The meeting adjourned at 7:04 p.m.
Donald Rye
Director of Planning
Connie Carlson
Recording Secretary
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