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Home My WebLink About072699REVISED REGULAR PLANNING COMMISSION AGENDA MONDAY, JULY 26, 1999 Fire Station - City Council Chambers 6:30 p.m. 1. Call Meeting to Order: 2. Roll Call: 3. Approval of Minutes: 4. Public Hearings: to Case File #99-049 Jeffrey and Jacqueline Daas are requesting the following variances for the property located at 15322 Fish Point Road: Lot area, side yard setback, lot width, bluff setback and impervious surface. Bo Case Files #99-037, 038 and 039 Wensmann Realty is requesting a zone change, conditional use permit and preliminary plat for the project to be known as Glynwater 2nd Addition located at west of Fremont Avenue and the south side of County Road 82. 5. Old Business: A. Case File #99-041 approval of variances by Resolution 99-16PC - Brad and Michele Lein. 6. New Business: 7. Announcements and Correspondence: 8. Adjournment: fL: \99~ILF~\99P L~O~X4~PCPI~iF~IDA~/~Gg, 72697. I~ C 16200 Lagle ~reeK ~ve.~.m, ~'rior ~zKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / ?ax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION MINUTES MONDAY, JULY 26, 1999 1. Call to Order: The July 26, 1999, Planning Commission meeting was called to order by Vice Chair Vonhofat 6:30 p.m. Those present were Commissioners Cramer, Criego, Kuykendall and Vonhof, Planning Coordinator Jane Kansier, Planner Jenni Tovar, Zoning Administrator Steve Horsman, Assistant City Engineer Sue McDermott and Recording Secretary Connie Carlson. 2. Roll Call: Vonhof Present Kuykendall Present Criego Present Cramer Present Stamson Absent 3. Approval of Minutes: The Minutes from the July 12, 1999 Planning Commission meeting were approved as presented. The applicants for the first item were not present, therefore Item A. of Old Business was called. 5. Old Business: Ao Case File #99-041 approval of variances by Resolution 99-16PC - Brad and Michele Lein. Zoning Administrator Steve Horsman presented the Resolution. MOTION BY CRAMER, SECOND BY CRIEGO, TO ADOPT RESOLUTION 99-16PC GRANTING A 6.5 FOOT AND 5.68 FOOT VARIANCE TO PERMIT A GARAGE/ROOM ADDITION WITH SIDE SETBACKS OF 10 FEET AND 5.82 FEET INSTEAD OF THE REQUIRED 16.5 FEET AND 11.5 FEET, AND A .8 FOOT VARIANCE TO PERMIT A 14.2 FOOT SUM OF SIDE YARD SETBACK INSTEAD OF THE REQUIRED 15 FOOT SETBACK. Vote taken signified ayes by all. MOTION CARRIED. 4. Public Hearings: Commissioner Vonhofread the procedures for the public hearing. l:\99files\99plcomm\pcmin\mn072699.doc 1 Ao Case File//99-049 Jeffrey and Jacqueline Daas are requesting the following variances for the property located at 15322 Fish Point Road: Lot area, side yard setback, lot width, bluff setback and impervious surface. Planner Jenni Tovar presented the Planning Report dated July 26, 1999 on file in the office of the City Planner. The Planning Department received a variance application as part of an administrative subdivision to change an existing lot line to obtain clear title on property at 15322 Fish Point Road where an existing structure is located on the common lot line. The house was constructed in 1958. The room addition encroaching the lot line (of property at 15314 Fish Point Road) was constructed some time after the original house was built in the 1970's. In order for the City to approve the administrative subdivision, variances to lot area, lot width, impervious surface and side yard setbacks are necessary. Each of the lots involved has existing structures upon them, and all but one of the variances being requested is a result of existing condition upon the lots. Staff felt all of the variance hardship criteria had been met and recommended approval of the lot area, lot width, impervious surface, and side yard setback variances as part of an administrative subdivision. Staff recommended denial of the variance to bluff setback because the proposed deck does not meet the hardship criteria. Comments from the public: Applicant Jeffi:ey Daas, 15322 Fish Point Road, explained their deck proposal. The adjacent neighbors have no objections to the proposal. They are trying to improve the property and stay within the ordinances. The public hearing was closed at 6:45 p.m. Comments from the Commissioners: Kuykendall: · The administrative changes seem reasonable and acceptable. · The bluff issue is being addressed. There is no further encroachment. · Not unreasonable at this point. Criego: · Agreed with Kuykendall. This could be a basis for safety with the sliding glass doors. · The structure is not going any closer to the 904 OHW than the original structure. · The administrative subdivision is fine. Cramer: · Concur with administrative changes. l:\99files\99plcomm\pcmin\mn072699.doc 2 · Can support the bluff setback t~om a safety perspective. There is no more encroachment. But having a hard time determining the hardship for a variance. Vonhof: · Concur with Commissioners. The hardship criteria has been met. · The existing structure has no further encroachment. The door exists are for safety. Open Discussion: Kuykendall felt the applicant mitigated any negative impact by removing the triangle space over the porch. MOTION BY CRIEGO, SECOND BY CRAMER, RECOMMENDING CITY COUNCIL APPROVE THE ADMINISTRATIVE SUBDIVISION WITH THE VARIANCES REQUESTED AND PRESENTED IN THE STAFF REPORT. Vote taken signified ayes by all. MOTION CARRIED. MOTION BY CRIEGO, SECOND BY KUYKENDALL, TO DIRECT STAFF TO PREPARE A RESOLUTION ALLOWING A 35 FOOT VARIANCE TO PERMIT AN ENCROACHMENT INTO THE BLUFF OF 10 FEET RATHER THAN THE REQUIRED SETBACK MINIMUM OF 25 FEET FROM THE TOP OF BLUFF. Vote taken signified ayes by all. MOTION CARRIED. The Administrative Subdivision will go before City Council on August 16, 1999. The variance to the bluff setback will go before the Planning Commission for their final approval on August 9, 1999. B. Case Files//99-037, 038 and 039 Wensmann Realty is requesting a zone change, conditional use permit and preliminary plat for the project to be known as Glynwater 2nd Addition located at west of Fremont Avenue and the south side of County Road 82. Planner Jenni Tovar presented the Planning Report dated July 26, 1999, on file in the office of the City Planner. Wensmann Realty has applied for a Zone Change, a Conditional Use Permit and a Preliminary Plat for the property located on the south side of CSAH 82, just west of Fremont Avenue, south of the entrance to The Wilds, and directly west of Glynwater 1 st Addition. This property is currently zoned A (Agriculture). Much of the property is also located within the Shoreland District for Prior Lake and Arctic Lake. The applicant is requesting the property be rezoned to the R-2 (Low to Medium Density Residential) district. The application also includes a request for a conditional use permit to allow the l:\99files\99plcomm\pcmin\mn072699.doc 3 development of the property with 22 townhouse units, and a preliminary plat consisting of 23 lots for the townhouse units and open space. Staff recommended approval of the Zone Change, the Preliminary Plat and Conditional Use Permit subject to the conditions listed in the Planning Report. Comments from the public: Kelly Murray, representing Wensmann Realty and Homes, explained she didn't see the engineering line items and stated they had no problems meeting the requirements. Comments from the Commissioners: Criego: · Had no problem with the zone change. It is appropriate based on what was previously done in the area. One concern is reducing the impervious surface by 1,072 feet. Another concern is the bluff issue with 20% or greater slope. There seems to be a number of townhomes that interfere and actually eliminate the bluff. Question to applicant as to where they came up with the bluff determinations and how it can be resolved. Nick Pulta, engineer with Pioneer Engineer responded to the impervious surface reduction by explaining they would shorten the cul-de-sacs and driveways and working with the builders on the locations of decks and patios. Pulta said the percentage is so close there would be no problem. The only way to reduce the bluff impact on the 20% slope is to reduce the number of townhomes or doing something in lieu of the cul-de-sac. Cramer: · Concurred with Criego. The zoning request is in line with the Comprehensive Plan. · Shares Criego's concern with impervious surface and steep slopes. In looking at the alternatives does not see many alternatives in regard to the steep slope. · Something should be done to mitigate disturbance of the slopes. · Not fully opposed to what is proposed but would like to see some adjustments to the housing locations. Kuykendall: · Supports the zone change, it is consistent and reasonable. · Kansier said they could reduce the cul-de-sac by approximately 70 feet. · Questioned the structural design. Pulta responded they are currently going with extra deep basements. He also explained shortening the cul-de-sac and potential problems. They did look at that situation and felt this was the best proposal. · Pulta said removing one unit would take care of the impervious surface overage. · Kansier pointed out the MUSA line. · Has reservations for the slope impact. There should be some alternatives. l:\99files\99plcomm\pcminXmn072699.doc 4 Kelly Murray addressed the steep slope concern explaining the homes are being matched by walkout design into the slopes would have less impact on the slopes. · Kansier explained this proposal is similar to Glynwater First and Wild Oaks Subdivisions. · Kuykendall said he understood their proposal. Still concerned for impervious surface. · Cramer questioned the proposed grades. Tovar explained. · Will support the proposal. Vonhof: · Concurs with the Commissioners' comments. · Supports the zone change. It is consistent with the Comprehensive Plan. · The Conditional Use and Plat application would only be allowed if the impervious surface is met. · The Preliminary Plat's major issue is the steep slopes. Not as convinced that everything has been done to meet the problem. Something else might be able to be done. Open Discussion: Cramer felt the disturbances of steep slopes is being minimized. The home seem to fit in. Has no opposition. Vonhofpointed out the cul-de-sac length is 570 feet - 70 feet over. Kuykendall felt there was a tradeoffwith the impact. The developer can compromise the impervious surface and length of cul-de-sac. Cramer and Criego supported the extra length of the cul-de-sac. From a safety point it is better to have it longer. There is no access from County Road 82. Reducing the cul-de- sac will make the driveways longer. MOTION BY CRAMER, SECOND BY CRIEGO, TO RECOMMEND CITY COUNCIL APPROVE THE ZONE CHANGE REQUEST FROM THE A-DISTRICT TO R2-DISTRICT. VONHOF AMENDED TO INCLUDE THE RATIONALE BASED ON DISCUSSIONS RELATIVE TO THE ISSUES. CRAMER AGREED. Vote taken signified ayes by all. MOTION CARRIED. MOTION BY CRAMER, SECOND BY KUYKENDALL, TO RECOMMEND APPROVAL OF THE PRELIMINARY PLAT SUBJECT TO THE CONDITIONS LISTED BY STAFF IN THE PLANNING REPORT WITH THE EXCEPTION OF CONDITION #1, AND TO RECOMMEND APPROVAL OF THE VARIANCE TO THE LENGTH OF THE CUL-DE-SAC. l:\99files\99plcomm\pcmin',mn072699.doc 5 Vote taken signified ayes by all. MOTION CARRIED. MOTION BY CRAMER, SECOND BY KUYKENDALL, TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT, SUBJECT TO THE CONDITIONS LISTED IN THE STAFF REPORT. Vote taken signified ayes by all. MOTION CARRIED. This item will go before the City Council on August 16, 1999. 6. New Business: Criego questioned the Vierling farm status and would like to hear a presentation from Park Director Paul Hokeness. His other concern was to stay on top of previous setback and side yard ordinance discussions. Tovar explained the administrative decisions. Kansier also pointed out staff is keeping track of issues to bring back at the end of the year for review. Cramer would like to see a quarterly update of issues brought up by Commissioners. 7. Announcements and Correspondence: 8. Adjournment: The meeting adjourned at 7:37 p.m. Jane Kansier Planning Coordinator Connie Carlson Recording Secretary l:\99files\99plcomm\pcmin\nm072699.doc 6