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HomeMy WebLinkAbout082701REGULAR PLANNING COMMISSION AGENDA MONDAY, AUGUST 27, 2001 Fire Station - City Council Chambers 6:30 p.m. 2. 3. 4. A. Bo Co Do 6. 7. 8. Call Meeting to Order: Roll Call: Approval of Minutes: Public Hearings: Case Files #01-039 and #01-040 (continued) Consider an application for a preliminary plat to be known as McCormick Acres and to 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. 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 #01-068 -Lawrence Baird is requesting variances to permit a structure eave/overhang to encroach into the minimum 5 foot sideyard and an impervious surface area greater than 30 percent for the property located at 5420 Fairlawn Shores Trail. Case File #01-069 - Consider an amendment to Section 1108 of the Zoning Ordinance to establish a procedure for site plan review. Old Business: New Business: Announcements and Correspondence: Adjournment: L:\01 times\o I plancomm\O 1 pcagendakag08270 I.DOC 16200 Ea§le 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, AUGUST 27, 2001 1. Call to Order: Commissioner Stamson called the August 27, 2001, Planning Commission meeting to order at 6:34 p.m. Those present were Commissioners Atwood, Criego, Lemke and Stamson, Planning Coordinator Jane Kansier, Zoning Administrator Steve Horsman and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Absent Criego Present Lemke Present Stamson Present Vonhof Absent Commissioner Atwood arrived at 6:58 p.m. 3. Approval of Minutes: The Minutes from the August 13, 2001, Planning Commission meeting were approved as presented. Commissioner Stamson 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 to 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 Coordinator Jane Kansier stated the applicant contacted staff on August 27, 2001 and requested a continuance to the September 24, 2001 Planning Commission meeting. There were no comments from the public. MOTION BY CRIEGO, SECOND BY LEMKE, TO CONTINUE THE MATTER TO THE SEPTEMBER 24, 2001, PLANNING COMMISSION MEETING. Vote taken indicated ayes by all. MOTION CARRIED. L:\01 files\01 plancomm\01 pcminuteshMN082701 .doc I Planning Commission Minutes August 27, 2001 B. 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. Steve Horsman stated the applicant contacted the City on August 27, 2001, and requested a continuance to the next meeting. There were no comments from the public. MOTION BY CRIEGO, SECOND BY LEMKE, TO CONTINUE THE MATTER TO THE SEPTEMBER 10, 2001 PLANNING COMMISSION MEETING. Vote taken indicated ayes by all. MOTION CARRIED. C. Case File #01-068 - Lawrence Baird is requesting variances to permit a structure eave/overhang to encroach into the minimum 5 foot sideyard and an impervious surface area greater than 30 percent for the property located at 5420 Fairlawn Shores Trail. Steve Horsman presented the Planning Report dated August 27, 2001, on file in the office of the planning department. The Planning Department received a variance application from Mr. Lawrence Baird for the proposed construction of a 6.6-foot by 14.67-foot entryway/vestibule addition to an existing single family dwelling located at 5420 Fairlawn Shores Trail. The following variances are being requested: 1, A 1.9 foot variance to permit a structure's eave to be located within 3.1 feet from a side property line rather than the minimum required 5 feet. 2. A 3.9-foot variance to permit a sum of side yards of 11.1-feet rather than the required minimum sum of side yards of 15-feet. A 232 square foot variance to permit a total impervious surface coverage area of 2,981 square feet (32.5%) rather than the allowable impervious surface coverage area of 2,749 square feet (30%). Staff concluded an alternative plan design for an entry addition of lesser scale and reduced dimensions would work on the subject lot without the need for variances. The DNR submitted comments recommending reducing the impervious surface. The planning staff determined the variances requested do not meet all 9 conditions of hardship criteria needed for the Planning Commission to approve the variance requests. A revised and reduced entry addition plan and trade off of existing impervious surface L:\01 file s\01 pl ancomm\01 pcminuteshMN082701 .doc 2 Planning Commission Minutes August 27, 2001 area will accomplish similar results without the need for variances and recommended denial of variances as requested by the applicant. Comments from the public: Co-applicant Mick Briedis distributed a narrative of his comments to the Planning Commission. Applicant Lawrence Baird, 5420 Fairlawn Shores Trail, stated he owns the home with his sister, who is represented by her husband, Mick Briedis. Briedis explained the wind tunnel affect off the lake and the impact to their home. He respectfully disagreed with staff's conclusion and recommendation regarding the vestibule. Briedis pointed out both neighbors' eaves extend into the easements. The applicants are willing to shorten up the eaves and still have 15 feet between the homes. They are also willing to mitigate 98 square feet and make a monetary contribution to a park fund. The applicants explained why they felt Staff's recommended design would not work. This is an existing house and the building pad cannot be adjusted. Briedis felt their situation is unique and asked the Commission to look at alternative Findings accurately reflecting the vestibule. Atwood: Questioned how far to the west does the deck extends. Briedis responded approximately 6 feet from the lot line. Lemke: Questioned the eave size. Baird said it was 2 feet. He also stated the neighbors do not oppose the proposed structure. Comments from the Commissioners: Lemke: · The applicant seems willing to mitigate the impervious surface. · Questioned staff if someone went out to look at the practicality of their recommended size. Horsman said he looked at it from the standpoint of whether it would work. There is another access through the garage. Horsman said he looked at the recommended vestibule as a place for people to enter without blowing the door off, not for moving furniture in and out. Criego: · The deck does not meet the existing code. Horsman agreed. · Kansier stated there was a permit in 1984 and it should be assumed it was correct at the time. · Questioned which way the house faces the lake. Briedis responded it faced northeast. · Criego has the same situation and suggested changing the door so it opened in the opposite direction. · Baird felt they could not bring furniture through the garage entry. · Questioned if the applicant had sliding glass doors. Briedis said they did. L:\01 files\01 plancomm\01 pcminuteshMN082701 .doc 3 Planning Commission Minutes August 27, 2001 The 30% impervious surface is mandatory. The applicants stated they could meet that in some manner. As it relates to the addition, if it wasn't for the 4 foot deck on the lake (east) side there wouldn't be a problem other than the overhang. Horsman explained the encroachment verified by Valley Survey. · The setbacks between the homes are less than 15 feet. · The other use of the enclosure will be a closet. · One small portion of the house, which is the deck, is causing the major problem. · Some kind of entry should be allowed. Find a way without the eave encroachment. · Would accept a 5 foot minimum taking in consideration exclusion of the deck on the northeast side. Atwood: · Agreed the hardship standards have not been met. · This is a reasonable request. In favor of allowing the vestibule, as the applicant is willing to reduce the impervious surface. · Criego brought up some good points. · Briedis said they would talk to the architect and see if it will work. Stamson: · Clarified with staff that the existing home was already over the impervious surface. Horsman said the applicant was adding 1.1%. · The hardship is the wind tunnel and the door opening on the side. Obviously the vestibule will work. Agreed staff's measurements are correct. A 5x8 foot structure is reasonable to move in and out of the house. · The trade off is the small vestibule. There are some restrictions, such as not buying large pieces of furniture. A 5x8 vestibule is sufficient for 99% of the use. The closet is a convenience. Variances were not put in place for conveniences. · It does not meet the hardships. It is merely a convenience of design. They can easily solve the problem with a smaller vestibule. · On the other hand, the structure is already over the impervious surface. · Willing to allow the larger vestibule, staying a maximum of 5 feet, if they mitigate the entire impervious surface. · This can meet the ordinance. Open discussion: The Commissioners discussed the size of the vestibule and the impervious surface. Suggested the applicant put in gutters to solve runoff problems. The Commissioners agreed to allow the applicant to build the vestibule with the condition he would have to reduce the impervious surface. Criego: · Felt there was a hardship and the vestibule could be built and still meet the ordinances. L:\01 files\01 plancomm\01 pcminutesXMN082701 .doc 4 Planning Commission Minutes .~ugust 27, 2001 MOTION BY CRIEGO, SECOND BY LEMKE, DIRECTING STAFF TO PREPARE A RESOLUTION DENYING THE 1.9 FOOT VARIANCE TO PERMIT A STRUCTURE'S EAVE TO ENCROACH TO WITHIN 3.1 FEET TO AN ADJOINING SIDE PROPERTY LINE RATHER THAN THE REQUIRED 5 FEET; ACCEPT THE 3.9 VARIANCE TO PERMIT AN I 1.1 FOOT SUM OF SIDE YARDS, RATHER THAN THE REQUIRED 15 FOOT SUM OF SIDE YARDS AND REQUIRE THE APPLICANT TO CORRECT THE IMPERVIOUS SURFACE WITH THE ADDED STRUCTURE NOT TO EXCEED IT'S CURRENT PERCENTAGE. Vote taken indicated ayes by all. MOTION CARRIED. Stamson explained the appeal process. D. Case File #01-069 - Consider an amendment to Section 1108 of the Zoning Ordinance to establish a procedure for site plan review. Planning Coordinator Jane Kansier presented the Planning Report dated August 27, 2001, on file in the office of the City Planner. The purpose of this public hearing is to consider an amendment to the Zoning Ordinance establishing a procedure for the review of site plan applications. The need for this amendment is twofold. First of all, it establishes a formal procedure for a process already in place. Second, the draft of the downtown design ordinance refers to a site plan procedure; this amendment will provide a specific reference. Staff felt there was a public need for this amendment in that it formalizes a procedure already in place. Furthermore, the site plan review procedure will provide staff the opportunity to review these plans against the requirements of the Zoning Ordinance, the Subdivision Ordinance, the Comprehensive Plan and other City Ordinances and plans. There were no comments from the public. Comments from the Commissioners: Criego: Does this ordinance change the current review practice in any way? Kansier said it does not change, this is the process. Stamson: · Questioned the 5 day appeal limit. If there is no public hearing, the neighbors nor anyone else will not know about it and not have the opportunity to appeal. Kansier explained these are matters that already meet the ordinances. · Agreed to support. L:\01 files\01 plancomm\01 pcminutesWIN082701 .doc 5 Planning Commission Minutes August 27, 2001 · Lemke and Atwood had no further comments. MOTION BY CRIEGO, SECOND BY ATWOOD, RECOMMENDING APPROVAL OF THE DRAFT ORDINANCE 01-XX AMENDING SECTION 1108 OF THE PRIOR LAKE CITY CODE. Vote taken indicated ayes by all. MOTION CARRIED. 5. Old Business: 6. New Business: 7. Announcements and Correspondence: Kansier presented the Design and Streetscape for the Downtown Ordinance. At this point, it is just for a reference for the Commissioners. Criego questioned the gutters in the setback. Kansier said the Planning Commission agreed to have the gutters in the setback and the City Council did not agree. Requested staff to look at that issue again. Criego questioned the amendment to allow accessory structures on Twin Island. Kansier explained the City Council had actually approved the ordinance recommended by the Planning Commission on a 3 to 2 vote. At the time, staff believed the Statute required a 4/5 vote. Staff learned later that the legislature had just changed the requirement to a 3/5 vote, so the ordinance was actually adopted. Lemke would like information regarding the 5 foot setback on non-conforming lots. Horsman explained the ordinance. Staff will provide the information. 8. Adjournment: The meeting adjourned at 7:51 p.m. Jane Kansier Planning Coordinator Connie Carlson Recording Secretary L:\01 files\01 plancomm\01 pcminuteshMN082701 .doc 6