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HomeMy WebLinkAbout081098REGULAR PLANNING COMMISSION AGENDA MONDAY, AUGUST 10, 1998 6:30 p.m. 1. Call Meeting to Order: 2. Roll Call: 3. Approval of Minutes: 4. Public Hearings: A. Case #98-070 Consider a lot width variance and bluff setback variance for Robert Jader, 14962 Pixie Point Circle. 5. Old Business: 6. New Business: 7. Announcements and Correspondence: 8. Adjournment: 16200 r~agJe ~.reeK ave. ~.r~., l-'rior LaKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION MINUTES AUGUST 10, 1998 1. Call to Order: The August 10, 1998, Planning Commission meeting was called to order by Vice Chair Vonhof at 6:33 p.m. Those present were Commissioners Cramer, Criego and Vonhof, Planning Director Don Rye, Planner Jenni Tovar and Recording Secretary Connie Carlson. 2. Roll Call: Vonhof Present Kuykendall Absent Criego Present Cramer Present Stamson Absent 3. Approval of Minutes: The Minutes from the July 27, 1998 Planning Commission meeting were approved as presented. 4. Public Hearings: A. Case #98-070 Consider a lot width variance and bluff setback variance for Robert Jader, 14962 Pixie Point Circle. Vice Chair Vonhofread the public hearing statement. Planner Jenni Tovar presented the Planning Report dated August 10, 1998 on file in the office of the City Planner. Staff concluded the variance request for lot width is substantiated with hardships pertaining to the lot the applicant has no control over. However, the variance request to bluff setback does not meet all four of the criteria as the applicant has control over the house size and design and smaller foot prints have been located on other lots with a building envelope of a smaller size. The DNR submitted a written objection to granting the bluff setback variance stating the physical and visual integrity of the bluff is compromised on the proposed location of the structure. The DNR does not object to the variance to the lot width. l:\98files\98pleomm\pcminXnm081098.doc 1 Questions from the Commissioners: Cramer: Were the existing structures built before the Bluff Setback Ordinance was in effect.'? Tovar responded they were. The Ordinance went into effect in December of 1995. Comments from the public: Bob Jader, 14960 Pixie Point Circle, said he resides in the adjacent 6,000 square foot home which he hopes to sell and build a smaller home on this lot. He has been informed this is a two step process, first, receive the variance to build, then go through the building permit process. Many other items must be satisfied to get the permit, soil borings, engineering certified landscaping plan, erosion control, etc. He purchased the property long before the Bluff Ordinance. Mr. Jader feels his proposed home is well within the impervious surface requirements and fits in with the surrounding environment and structures. However, with the erosion on his neighbor's property it is not a good time to be requesting a variance. Mr. Jader is working with Mr. Harte and a number of engineers to make sure there will be no slope erosion. He feels what he is proposing is reasonable. Mr. Jader stated if he can satisfy the Commissioners that what he is doing is reasonable, then satisfy the City he does not know how the variance can be denied. Mr. Jader went on to say literal enforcement of this ordinance would result in a very significant financial loss. Mr. Jader presented a letter to the Commissioners from an architect indicating what kind of structure could be built in the building envelop. Mr. Jader feels he is taking all the necessary steps to meet the requirements of the City. Mr. Jader presented pictures of his current landscaping which has the exact same topography as the proposed building site. Mr. Jader plans to do the same landscaping on the proposed property. Mr. Jader is planning to provide significant precautions to avoid erosion. He will guarantee there will not be any erosion. Mr. Jader pointed out other lakeshore lots that he feels are not comparable to his property. He feels the plan presented is reasonable. Commissioner Criego asked Mr. Jader if he considered a multi-level home, and if he did, why, not select it. Mr. Jader said they wanted one floor living. The reason for the height is because of the surrounding structures, and he doesn't want it to look like an outhouse. Criego pointed out the architect (in his letter) indicated there was not enough square footage, but if a multi-level building was constructed there would be enough square footage. Mr. Jader responded they did not discuss multi-levels. Donald Johnson, 14966 Pixie Point Circle, opposed this structure in his letter dated August 4, 1998. He is the neighbor, along with Mr. Harte, who had slope failure. There is a law suit against the City for the failure on his property. (There is no law suit at this time.) He feels the City should not waste anymore taxpayer's money dealing with slope failure. l:\98filcs\98plcomm\pcminhrm081098.doc 2 Elizabeth Jader, 14960 Pixie Point Circle, owner of property, gave a brief history of the property. She pointed out regulations have changed drastically in 1998. This property will be their retirement home. Mrs. Jader feels they are the enemy invading their own property. Now she has to deal with strangers to make decisions that will affect her life. They have invested a lot of money and time in this process. Marv Mirsch, 15432 Red Oaks, (seasonal home) wanted to remind the Commissioners the Bluff Ordinance was to protect bluff lands, erosion, strength and appearance. There is no doubt there is erosion. The City of Prior Lake has a no-fail procedure. He feels the Bluff Ordinance is for appearance only. Mirsch went on to explain the DNR bluff interpretation. Brunette Johnson, 14966 Pixie Point Circle, said she lives in a small home on the bluff. The bluff has not moved in 50 years with all the rain and storms. She feels Mother Nature was taken away when Mr. Jader sold the property, removed 100 trees and all the natural vegetation. If there was a bluff ordinance in place earlier, the bluff would not have failed and they would have their hill. She asked the Commissioners not to pass the variance. Michael Harte, 14964 Pixie Point Circle, has the home with all the damage on the slope. He believes if the engineering is done correctly the damage will be rectified. He is working with Mr. Jader. Mr. Harte feels Jader's proposal is not unreasonable. Harte asked the Commissioners to consider the proposal. Commissioner Criego questioned Mr. Harte on why his bluff restoration proposal was rejected by the City. Mr. Harte explained the time line and variance process. Bob Jader stated he feels sorry for Johnsons and Hartes. What he is proposing will not affect the Johnsons and will protect the lakefront. The public hearing was closed at 7:26 p.m. Comments from Commissioners: Criego: · There are two views: 1) to build on a substandard lot; and 2) to protect the slope. The DNR opinion is trying to demonstrate a little flexibility so all parties are satisfied. Mr. Lynch shows some leniency toward the applicant. In his letter he basically states he does not like where it is but given an additional 15 or 20 feet, it may be suitable. He could have said "I disagree completely and follow the ordinance." The Planning Department has to enforce the Ordinance. It is up to the Planning Commission and City Council to vary f~om the ordinance. · Mr. Jader has to understand what he is doing impacts other people. · Question to Mr. Jader - The garage is very large, if a two car garage was proposed instead of a four car garage, would you be able to move the building back? Mr. Jader 1 :\98files\98plcomm\pcmin~n081098.doc 3 did not feel it had an impact because of what he is going to do to the bluff. He is right up to the setbacks. · Question to Staff- What is the process to ensure a stronger blufP. Rye said there is limited ability to move dirt and all the vegetation on a bluffunder the current ordinance. The basic presumption of the Bluff Ordinance is any kind of development activity, construction or landscaping will be held to the absolute minimum. That's the point the ordinance takes. If anyone wants to do something different there is the option of a variance or applying to have the code amended. · Applicant has done wonders on his current home. The fact is the City is trying to protect the bluff. The City is being sued for bluff failure at this time. · Moving the house back to the footprint proposed by the staff, in his opinion would put it in a tunnel. The applicant needs to build closer to the bluffbut not where the applicant proposes. · The DNR tells us they do not want any destruction of the bluff or shoreline. · Propose an alternative to what the applicant requested. Cramer: · The lot width vm'iance is not a problem, there is a definite hardship. · Explained the hardship criteria. · The initial bluff ordinance was far more stringent than it is now. This new ordinance is more lenient to build closer to the bluff. Everyone has a different opinion on how close is right. · The DNR has commented on this proposal, they are not happy with this proposal whether it is a personal opinion or not. · The building envelope still makes reasonable use of the lot. There are a lot of issues with the bluff failure. · Cannot support the bluff setback variance. · Agreed with Criego if the setbacks were further back he would look at this again. Vonhof: · With regard to applicant's comments and inaccurate information from staff, staff has always made an effort to do the fight thing. · The Planning Commissioners are part of the community, not part of the staff. The Commissioners have an interest in this community. · He has seen applicant's property. The Jaders have a nice home and have done a nice job with it. However, the Harte property had slope failure and has really come into question. · Under the variance process we consider the four hardship criteria. Agreed with Cramer's comments to the lot width. · The variance to the bluff setback are not met in this case. Especially when there is a 2,000 to 2,400 square foot foot print. · There are buildable alternatives. · Cannot support the variance. I :\98files\98plcomm\pcminXmn081098.doe 4 Open Discussion/Comments: Criego: This issue is whether the building envelope is big enough. Would like to offer a compromise and give a variance based on the DNR's recommendation. The DNR is super conservative but they are willing to go a few extra feet. There is a hardship. They would have to put up a 2 or 3 story building. Cramer: Agreed with Criego in one respect, there could be some leniency with the lake setback because of the other houses. Would be willing to consider. Vonhof: Stand with previous statement. There has been a bluff failure adjacent to this property. The adjacent homes are multi-level. Any one story house is going to look small against a two or three story house. No testimony has been given to alter me f~om our ordinance. Cramer: Cannot picture the building envelope tonight without the proper information. This property is buildable. Suggested to continue and have applicant check into going back at least 20 feet. Cramer and Vonhof explained there are two other commissioners not present who may or may not have different views. Bob Jader responded he would like to continue to next month. MOTION BY CRAMER, SECOND BY CRIEGO, TO APPROVE RESOLUTION 98- 19PC GRANTING A 6.92 FOOT VARIANCE TO PERMIT A LOT WIDTH OF 44.38 FEET INSTEAD OF THE REQUIRED 50 FEET TO BE BUILDABLE. Vote taken signified ayes by all. MOTION CARRIED. Commissioner Vonhof opened the public hearing. MOTION BY CRAMER, SECOND BY CRIEGO, TO CONTINUE THE PUBLIC HEARING CONSIDERING A BLUFF SETBACK FOR ROBERT JADER (CASE FILE #98-070) TO SEPTEMBER 14, 1998. Vote taken signified ayes by all. MOTION CARRIED. 5. Old Business: None 6. New Business: None l:\98files\98plcomm\pcminhrm081098.doc 5 7. Announcements and Correspondence: Rye explained Jane Kansier is working with the City Attorney on the Zoning Ordinance Draft. The City Council will be conducting the public hearings. 8. Adjournment: The meeting was adjourned at 8:00 p.m. Donald R. Rye Director of Planning Connie Carlson Recording Secretary 1 :\98files\98plcomm\pcminhmn081098.doc 6