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HomeMy WebLinkAbout101298REGULAR PLANNING COMMISSION AGENDA MONDAY, October 12, 1998 6:30 p.m. 1. Call Meeting to Order: 2. Roll Call: 3. Approval of Minutes: 4. Public Hearings: Cases #98-136 and #98-137 Pat Hayes is requesting a 10 foot variance to permit a rear yard setback 15 feet rather than the required setback of 25 feet; and a 4.5 percent foot variance to permit impervious surface coverage of 34.5 percent instead of the maximum allowed impervious surface coverage of 30 percent; #98-137 requesting a vacation ora portion of drainage and utility easements adjacent to Lots 43 and 44, C.O. Hannen's Maple Park Shore Acres. 5. Old Business: A. Case #98-019 Consider an official map for a ring road in the southeast comer of Highway 13, from Franklin Trail to Tower Street. 6. New Business: 7. Announcements and Correspondence: 8. Adjournment: r.L:~98iHLF.~98 PIqCO~IM~PC~I~FqI:tDA~G 10129~. Dt~C 16200 ~a§~e creek ~ve.~.~., t~rior I~aKe, Minnesota S5372-1714 / Ph. (612) 447-4230 / Fax (612) 447-424S AN [QUAL OPPORTUNITY UMPLOYER PLANNING COMMISSION MINUTES OCTOBER 12, 1998 1. Call to Order: The October 12, 1998, Planning Commission meeting was called to order by Vice Chair Vonhof at 6:30 p.m. Those present were Commissioners Criego, Kuykendall, Stamson and Vonhof, Planning Director Don Rye, Planning Coordinator Jane Kansier, Planner Jenni Tovar and Recording Secretary Connie Carlson. 2. Roll Call: Vonhof Present Kuykendall Present Criego Present Cramer Absent Stamson Absent 3. Approval of Minutes: Correct "Criego" at the bottom of page 2. The Minutes from the September 28, 1998 Planning Commission meeting were approved as corrected. 4. Public Hearings: A. Cases #98-136 and #98-137 Pat Hayes is requesting a 10 foot variance to permit a rear yard setback 15 feet rather than the required setback of 25 feet; and a 4.5 percent foot variance to permit impervious surface coverage of 34.5 percent instead of the maximum allowed impervious surface coverage of 30 percent; #98-137 requesting a vacation of a portion of drainage and utility easements adjacent to Lots 43 and 44, C.O. Hannen's Maple Park Shore Acres. Planner Jenni Tovar presented the Planning Report dated October 12, 1998 on file in the office of the City Planner. The Planning Department received a variance application from Pat Hayes who is proposing to construct a single family dwelling with attached garage and deck. The proposed structure will be located 15 feet from the rear lot line, instead of the required setback of 25 feet and the proposed impervious surface will be 34.5% rather than the maximum permitted of 30%. The structure is also located 5 feet over an existing 10 foot wide easement, for which a vacation of the easement is being requested. 1 :\98files\98plcomm\pcmin'umn 101298 .doc 1 Staff concluded the variance and vacation requests do not meet all four hardship criteria. The house could be redesigned to meet setbacks and located out of the easement. Criego questioned the building envelop and the impervious surface. Tovar responded with the percentages. Comments from the public: Patrick Hayes, 7361 West Highway 13, Savage, explained the proposed building with the intent to follow the tree preservation ordinance and utilize the lot the best he can. The impervious surface is within the setback requirements. He tried to cantilever the home to help reduce the impervious surface. Criego questioned how the drainage would take effect. Hayes said he would slope it to the east. Tovar explained the engineering department did not review the proposed drainage easement. It is only five feet. Joe Tupy, 4243 Lord Street, said he shares the easement between Quaker Trail and is concerned with what will happen. Tovar said the gravel road will remain the same. Tupy said his other concern was for preserving the trees. A structure should accommodate the lot. He feels the variance is fine as long as it stays within the setbacks. Tovar explained the tree replacement. Comments from the Commissioners: Kuykendall: · Complemented the applicant for designing an attractive home. · Agreed with staff, there are no hardships that were not initiated by the applicant. · Cannot support based upon the findings. · Does not favor the easement vacation. It is not wise within the short term. Would defer to City Engineer. Criego: · Agreed with Kuykendall, the impervious surface is important. The DNR states the impervious surface should not exceed 25%. A home can be built within 30%. · Does not approve. Vonhof: · Agreed with Commissioners. · The home is beautiful, but the hardship criteria is not met. MOTION BY KUYKENDALL, SECOND BY CRIEGO, APPROVING RESOLUTION 98-31PC DENYING A 10 FOOT VARIANCE TO PERMIT A 15 FOOT REAR YARD SETBACK INSTEAD OF THE REQUIRED 25 FOOT SETBACK AND A 4.5% 1 :\98files\98plcomm\pcminhmn 101298 .doc 2 VARIANCE TO PERMIT IMPERVIOUS SURFACE COVERAGE OF 34.5 PERCENT RATHER THAN THE MAXIMLrM PERMITTED OF 30 PERCENT Vote taken signified ayes by all. MOTION CARRIED. MOTION BY KUYKENDALL, SECOND BY CRIEGO, APPROVING RESOLUTION 98-032PC RECOMMENDING DENIAL OF THE VACATION OF DRAINAGE AND UTILITY EASEMENTS LOCATED ON LOTS 43 AND 44, C.O. HANNEN'S MAPLE PARK SHORE ACRES. Vote taken signified ayes by all. MOTION CARRIED. Vonhof explained the appeal process. 5. Old Business: A. Case #98-019 Consider an official map for a ring road in the southeast corner of Highway 13, from Franklin Trail to Tower Street. Planning Coordinator Jane Kansier presented the Planning Report dated October 12, 1998 on file in the office of the City Planner. The purpose of the proposed ring road is to provide access to the commercial properties on the southwest side of Highway 13, and to reroute traffic from Highway 13 to a local street. In the past year, the Planning Commission reviewed several proposed alignments which would accomplish this by directing traffic from Franklin Trail to Toronto Avenue, and provide access to the properties adjacent to Highway 13 and the properties to the south. The alignment ultimately suggested by the Planning Commission was presented. Staff recommended approval of the Official Map as proposed or with changes specified by the Planning Commission. The Official Map provides for the alignment of the future road, and allows the City and the adjacent property owners to plan development consistent with this road alignment. Comments from the public: Lorraine Borka, 14384 Rutgers Street, stated her concern with the route taking her parking lot. Borka rents the building and has owned it since it was built about 30 years. Her fear is that there will not be enough parking if the proposed road goes through. Borka is opposed to it because losing the parking or building will affect her income. Mrs. Borka asked the Commissioners to consider her request. Larry Borka, son of Lorraine Borka, explained how the family business started 30 years ago and renting the building is his mother's only source of income. If the proposal goes through the building will be worthless. He asked if the road could be moved. Mr. Borka asked the Commissioners to think about reconsidering. l:\98files\98plcomm\pcminkmn101298.doc 3 Dean Williamson, representing Health Systems Minnesota, (Park Nicollet Clinic) said they met with staff and understands the proposal. Mr. Williamson pointed out their concerns stated in the submitted letter. Criego questioned Williamson's concern for finances. Williamson said it was one of the concerns. He also said they were aware of the proposed ring road when they started construction. There are constraints with the lot. Lorraine Borka questioned the cost and assessments to her. Kansier explained the proposal is for the Official Map and not for construction. Meetings to discuss costs and assessments would be decided later. She explained assessments and buying out. Those decisions have not been made. The Capital Improvement Plan is five years out and is not in the program at this time. Larry Borka questioned the use. Kansier explained the goal was to look at the most feasible alignment of the property. Borka felt he understands the clinic is taking precedence over a business that has been in Prior Lake for over 30 years. Criego explained a similar situation he was involved in and the fair market value. There should not be any financial loss. There is also more than the Park Nicollet property the City is concerned with. There are other surrounding properties. The City does not want to take Borka's property or business. Mr. Borka expressed their feelings and concerns. Dean Williamson commented on the Official Map suggesting delaying the proposal until Priordale Mall is redeveloped. The only two properties affected are the clinic and Borka's. Rye said the ring road proposal has been round a long time. The City fully intended to have a road between Franklin Trail and Toronto Avenue. Rye stated he understands Mr. Borka's concern. Mr. Borka said he never saw anything in the newspaper stating there was going to be a ring road proposal. He questioned why didn't his mother have notice to vote on this proposal. Vonhof explained the clinic complied with the zone use and did not come before the Planning Commission. The ring road has been in the proposal for 10 to 12 years. Comments from the Commissioners: Criego: · The amount of area proposed is how much of the total (of Borka's property)? One of the criteria was to reduce the impact on the neighbors. The Commissioners talked about this issue at length. Engineering has looked at this 3 or 4 times. This is their 1 :\98files\98plcomm\pcmin'ann 101298 .doc 4 best judgment. The impact is less than earlier proposed. This is only for planning purposes. It may never be developed. · We as a community must layout and plan so future developers can look ahead. This proposal may enhance your property. · I have had property taken away from me, but there are legal ramifications for the City and there is a lot of direction for that. · It is only for map purposes. This is very preliminary. · I have lived in many communities, Prior Lake is not restrictive, that is why I moved here. Kuykendall: · Empathetic to Borkas and explained he had been involved with takings for roads in other cities. · Financially, it is reasonable to conclude the true market value would be defined. · This is a plan on paper and may not happen for five years, but it may happen soon. This is a very fast developing community. The City has to keep pace with development. Look at County Road 42. · Concern for the parking requirements. What impact may it have on other properties? · Kansier explained the impact and responsibility of the City. · Rye said simply designating this on the map will not impact Borkas' business. · Kuykendall explained to Borkas the proposal and what issues would be defined later. · Asked staff for the aspects of the ring road. Rye explained the chaotic access roads and the access through private parking and driveways. One purpose was to alleviate that and create a public access to existing properties and enhance the properties. It would also provide some relief for Highway 13. Traffic would be back on the ring road to commercial properties. The idea was to provide better access for the general area. · It might be useful to stake the field and take a look at it. Vonhof: · Appreciate Commissioners comments as well as the Borkas. · There is a need for this road. There may be a positive to the property owners. · Suggested to continue the hearing. Criego: · In general, would like to see ring road but would also like to see impact to the Borka property. Kuykendall agreed. Recommend tabling. MOTION BY KUYKENDALL, SECOND BY VONHOF, TO TABLE THE HEARING AND HAVE THE PROPERTY STAKED BY STAFF. Kansier explained the engineering department would have to do the work and right now they would be fled up for about a month. 1 :\98files\98plcomm\pcminXmn 101298. doc 5 Vote taken signified ayes by Vonhof and Kuykendall, nay be Criego. CARRIED. MOTION 6. New Business: Rye gave feedback on City Council's public hearing on the proposed Zoning Ordinance. Council continued the hearing to November 2, 1998. There were some minor changes. Rye also gave an update on the downtown development study. The next step is to identify actual projects. 7. Announcements and Correspondence: 8. Adjournment: The meeting adjourned at 8:01 p.m. Don Rye Director of Planning Connie Carlson Recording Secretary 1 :\98files\98plcomm\pcminh-r~ 101298 .doc 6