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REGULAR PLANNING COMMISSION AGENDA
MONDAY, OCTOBER 8, 2001
Fire Station - City Council Chambers
6:30 p.m.
Call Meeting to Order:
Roll Call:
Approval of Minutes:
Consent Agenda:
#01-017 Crouse Variance Resolution
#01-061 Tofanelli Variance Resolution
Public Hearings:
#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.
#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.
Old Business:
#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.
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
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MINUTES
MONDAY, OCTOBER 8, 2001
1. Call to Order:
Vice Chair Stamson called the October 8, 2001, Planning Commission meeting to order
at 6:30 p.m. Those present were Commissioners Atwood, Criego, Lemke and Stamson,
Planning Director Don Rye, Planning Coordinator Jane Kansier, Zoning Administrator
Steve Horsman and Recording Secretary Connie Carlson.
2. Roll Call:
Atwood Present
Criego Present
Lemke Present
Stamson Present
Vonhof Absent
3. Approval of Minutes:
The Minutes from the September 24, 2001, Planning Commission meeting were
approved as presented.
4. Consent:
A. #01-017 Crouse Variance Resolution 01-011PC.
B. #01-061 Tofanelli Variance Resolution 01-017PC
MOTION BY CRIEGO, SECOND BY LEMKE, TO APPROVE RESOLUTION 01-
011PC.
Vote taken indicated ayes by all. MOTION CARRIED.
MOTION BYATWOOD, SECOND BY LEMKE, TO APPROVE RESOLUTION 01-
017PC.
Vote taken indicated ayes by all. MOTION CARRIED.
Commissioner Stamson read the Public Hearing Statement and opened the hearings.
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.
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Planning Commission Minutes
October 8, 2001
Planning Coordinator Jane Kansier presented the Planning Report on file in the office of
the City Planning Department.
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. 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 feet on 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 staff felt the proposed amendment would not alter the character of the approved CLIP
and recommended approval of the amendment, subject to the following conditions:
1. The townhouses must meet the setbacks approved as part of the original CLIP. 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.
Comments from the public:
Chris Deanovic, representing Hillcrest Homes stated this should have been done with the
original proposal.
Comments from the Commissioners:
All the Commissioners agreed with staff's recommendation.
MOTION BY CRIEGO, SECOND BY ATWOOD, RECOMMENDING CITY
COUNCIL APPROVE THE AMENDMENT TO WILD OAKS CONDITIONAL USE
PERMIT WITH THE CONDITIONS LISTED IN THE STAFF REPORT.
Vote taken indicated ayes by all. MOTION CARRIED.
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.
Zoning Administrator Steve Horsman presented the Planning Report on file in the office
of the City Planning Department.
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Planning Commission Minutes
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. 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 variance:
A 1 O-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.
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 did not comment response on this request.
Staff felt that all nine hardship criteria had not been met with respect to the requested
variance to the OHWM setback for construction of a roofed porch and room additions.
The staff recommended denial of the requested variance.
Comments from the public:
Alfred Cutaia distributed an outline and reviewed his proposal. Mr. Cutaia disagreed
with staff's report pointing out several Red Oak Road residents have closer setbacks to
the lake. Cutaia summarized by stating the addition would provide quality space and
increase the value of his property without impairing his neighbors. He felt there were no
other alternatives.
Marv Mirsch, 15403 Red Oaks Road, supported the applicants' request.
Comments from the Commissioners:
Criego:
· Clarification on applicant's proposal - Horsman responded the survey's dimensions
did not including the overhangs.
· Questioned the front setback averaging. Horsman explained the ordinance.
· The original building variance was not for the lakeside. Horsman said it was for the
front garage.
· Sees no problem adding the expansion as proposed as long as it does not exceed the
existing roof line.
Atwood:
· Questioned the intensification to a nonconforming lot. Horsman explained the
process.
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Planning Commission Minutes
October 8, 2001
· Kansier also explained the setbacks and impact.
· Approve the variance and felt the roof overhang would be a problem.
Lemke:
· Agreed with Commissioners. The homes in the neighborhood are much closer to the
lake.
· It is a technicality that is preventing the applicant from adding on.
· Agreed to process with the overhang.
Stamson:
Clarified the home was built in 1982.
· Questioned the original setback variance to the lake. Rye said the Shoreland
Ordinance was not in affect at the time the home was built.
· The intensification does not negatively impact the surrounding neighborhood. It is
not unreasonable.
· Approve the expansion but it has to remain within the building footprint.
Criego:
· Under normal circumstances would not be in favor of approving this variance,
however the surrounding neighborhood is well within the 75 foot setback. This is a
special condition.
· Do not exceed the expansion.
Stamson:
· The Commission generally holds tight on setbacks.
· Agreed with approving.
Cutaia pointed out he was trying to stay within the deck and explained the fireplace
location.
MOTION BY CRIEGO, SECOND BY STAMSON, DIRECTING STAFF TO DRAFT
A RESOLUTION APPROVING THE 10 FOOT VARIANCE FROM THE OHWM.
Vote taken indicated ayes by all. MOTION CARRIED.
Kansier explained the appeal process.
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.
Planning Coordinator Jane Kansier presented the Planning Report on file in the office of
the City Planning Department.
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Planning Commission Minutes
October 8, 2001
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 allow the car washes to operate. The
Commissioners tabled action on this amendment and directed staff to contact the
operators of the local car wash for suggestions.
The Holiday Station representative stated they can close the door but it restricts the
number of cars going through the carwash. 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. The Council did limit the hours as long as the doors remain shut.
The staff suggested 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 a.m. to
11:30 p.m., which is consistent with the existing limitation in the C-1 district. The
proposed language also provides some flexibility by allowing the use to operate outside
the hours of operation if the doors remain closed.
Comments from the Commissioners:
Stamson:
· Opposed this issue at the last discussion because of the door design. The design of
the two existing stations does not allow them to have the doors shut. Didn't feel it
solved the noise problem much beyond limiting the hours to 11:30 p.m.
· Went out and observed the stations. Holiday - during the day was not as bad as I
thought it would be. At night when it was quiet, it was very loud to the south with the
doors open. Observed cars drying with the doors open and closed. It is louder with
the back doors open than the dryer side. The noise has a tunnel effect.
· The amount Qfnoise was drastically reduced with the doors closed.
· A carwash~ Savage was not loud with the doors open. It depends on the equipment.
· Amoco's dryers were not as loud.
· Most of the dryers are not objectionable.
· The real problem is Holiday's equipment. The dryer on their machine is extremely
loud.
· Should not be a blanket ordinance to address this matter.
· Rye explained noise duration issues.
Criego:
· A second concern is the late evening hours. It still represents a problem for the
average person. Same thing applies to the 6:00 a.m. hours. It is too early.
· If the carwash can operate with the doors closed, it should not hinder the station.
· Change the ordinance from 6:00 a.m. to 10:00 p.m., Monday thru Friday, 7:00 a.m. to
10:00 p.m. on Saturday and 8:00 a.m. to 10:00 p.m. on Sunday.
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Planning Commission Minutes
October 8, 2001
Atwood:
· Agreed with Criego, but felt 6:00 a.m. to 10:00 p.m. was too conservative. For the
sake of conforming and not having different times that are hard to keep straight will
agree. It is really only reducing an hour and half in the evening. In this case, 10:30
p.m. is okay.
· Mowing the lawn and car dryers are two different things.
Lemke:
· The 6:00 a.m. to 11:30 p.m. times are fine. There have been no complaints.
· It will be hard to enforce. It is confusing to keep track of carwash times. Would like
to see something more uniform.
· Supported staff's original proposal.
Criego:
· Would accept the ordinance if the times were from 6:00 a.m. to 10:00 p.m.
MOTION BY CRIEGO, SECOND BY ATWOOD, RECOMMENDING CITY
COUNCIL APPROVE ORDINANCE AMENDING SECTIONS 1102.1104(1) AND
1102.1203(3) OF THE PRIOR LAKE CITY CODE AS RECOMMENDED BY STAFF
WITH THE EXCEPTION THE HOURS FOR HAVING OPEN DOORS CHANGE TO
6:00 AM TO 10:00 PM.
Vote taken indicated ayes by all. MOTION CARRIED.
This will go before the City Council on November 5, 2001.
7. New Business:
8. Announcements and Correspondence:
The first meeting in November is on Veteran's Day, and will be scheduled for Tuesday,
November 13. If there are any problems let staff know.
9. Adjournment:
The meeting adjourned at 7:41 p.m.
Donald Rye
Director of Planning
Connie Carlson
Recording Secretary
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