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HomeMy WebLinkAbout11 14 2011 PC Meeting Minutes Planning Commission Meeting Minutes November 14, 2011 PLANNING COMMISSION MINUTES MONDAY, November 14, 2011 1. Call to Order: Community & Economic Development Director Dan Rogness called the November 14, 2011, Planning Commission meeting to order at 6:00 p.m. Those present were Commissioners Roszak, Spieler, Blahnik, Hite, Phelan and Community & Economic Development Director Dan Rogness, Planner Jeff Matzke and Community Development Assistant Peter Aldritt. Director Rogness stated we will start this meeting differently primarily because this is the first meeting of the 2011/2012 year. We do not yet have a chair or vice-chair elected yet from the 5 member Planning Commission. I as Community & Economic Development Director will get the meeting started and then hand it over to the newly elected chair. A MOTION MADE BY ROSZAK SECOND BY SPIELER TO APPOINT JEFF PHELAN CHAIR OF THE CITY OF PRIOR LAKE’S PLANNING COMMISSION. VOTE: Ayes, Roszak, Spieler, Blahnik, Hite, and Phelan. The Motion carried. A MOTION BY HITE SECOND BY BLAHNIK TO APPOINT TOM ROSZAK VICE-CHAIR OF THE CITY OF PRIOR LAKE’S PLANNING COMMISSION. VOTE: Ayes, Roszak, Spieler, Blahnik, Hite, and Phelan. The Motion carried. 2. Approval of Agenda: MOTION BY SPIELER, SECONDED BY ROSZAK TO APPROVE THE NOVEMBER 14, 2011 MEETING AGENDA AS PRESENTED. VOTE: Ayes, Roszak, Spieler, Blahnik, Hite, and Phelan. The Motion carried. 3. Consider Approval of October 24, 2011 Meeting Minutes: MOTION BY ROSZAK, SECONDED BY HITE TO APPROVE THE OCTOBER 24, 2011 MEETING MINUTES AS PRESENTED. VOTE: Roszak, Spieler, Blahnik, Hite, and Phelan. The Motion carried. 4. Public Hearings: A. #EP 11-126 Welsch Balcony Variance. Bob Welsch is requesting a Variance from the minimum lakeshore setback on a General Development lake in the R-1 (Low Density Residential) Zoning District. Planner Matzke presented that Bob Welsch, property owner of the subject property, is requesting a variance in order to allow for the construction of a balcony on a property located at 6424 Conroy Street NE. The property is located along the northern shores of Lower Prior Lake, south of Greenway Avenue, and west of Shady Beach Trail. The property currently contains a single family home. The variance requested is a 25.2 foot variance from the required minimum 50 foot structure setback from 1 L:\11 FILES\11 PLANNING COMMISSION\11 MINUTES\MN111411.doc Planning Commission Meeting Minutes November 14, 2011 the Ordinary High Water (OHW) elevation of Prior Lake using the average lake setbacks of adjacent properties. The applicant proposes to construct a 7’ x 18’ upper level balcony located at the rear of the house. The current structure setback from the lake to the existing lower level deck is 14.1 feet. The proposed structure setback from the lake to the balcony is 24.8 feet. Many other neighboring properties have similar setbacks to upper level deck areas. Therefore, City Staff recommends approval of the requested variance. Questions and Comments from the Commissioners: None A MOTION BY ROSZAK SECOND BY HITE TO OPEN THE PUBLIC HEARING. VOTE: Ayes, Roszak, Spieler, Blahnik, Hite, and Phelan. The Motion carried. The Public hearing was opened at 7:14pm. Comments from the Public: None A MOTION BY SPIELER SECOND BY ROSZAK TO CLOSE THE PUBLIC HEARING. VOTE: Ayes, Roszak, Spieler, Blahnik, Hite, and Phelan. The Motion carried. The public hearing was closed at 7:15pm. Comments from the Commissioners: Spieler stated, I have no comments. Hite stated, I have no comments based on the findings that were presented. I am in favor of this. Roszak stated, I am in agreement as well based on the staff report. It meets the provisions of approving a variance. I can support this Blahnik stated, I too will be supporting this variance; this proposed balcony will not further encroach on the lake shore setback. It is aesthetically pleasing and will not obstruct the neighbors. I will be supporting this. Phelan stated, I too have no objections. The neighboring properties have similar setbacks and the proposed balcony is within the existing foot print of the lower deck. I will be voting in favor of this. A MOTION BY BLAHNIK SECOND BY SPIELER TO ADOPT RESOLUTION 11-10PC TO APPROVE A 25.2 FOOT VARIANCE FROM THE REQUIRED MINMUM 50 FOOT STRUCTURE SETBACK FROM THE ORDINARY HIGH WATER ELEVATION OF PRIOR LAKE USING THE AVERAGE LAKE SETBACKS OF ADJACENT PROPERTIES PURSUANT TO SECTION 1104.308 OF THE PRIOR LAKE CITY CODE. VOTE: Ayes, Roszak, Spieler, Blahnik, Hite, and Phelan. The Motion carried. 2 L:\11 FILES\11 PLANNING COMMISSION\11 MINUTES\MN111411.doc Planning Commission Meeting Minutes November 14, 2011 B. #EP 11-127 3904 Green Heights Trail. Tracy Morton with Sterling State Bank is requesting variance from the minimum front yard setback and minimum fence height allowed in the R-1 (Low Density Residential) Zoning District. Planner Matzke presented that Tracy Morton with Sterling State Bank Sterling, owner of the subject property, is requesting a variance in order to allow for the installation of a fence on a property located at 3904 Green Heights Trail SW. The property is located along the southern shores of Upper Prior Lake, west of Dunkirk Avenue. The property currently contains a single family home. The following variances are requested with the proposed survey and building plan. A 4 foot height variance to allow an 8 foot fence height in the front yard of a residential property, a 50 percent opacity variance to allow a 100 percent opacity fence in the front yard of a residential property, and an 11 foot variance from the required 25 foot minimum front yard structure setback in the R-1 (Low Density Residential) Zoning District. Sterling State Bank is proposing to construct the solid 8 foot vinyl fence along the eastern property line of the residential property. The property line is shared with a commercial property, Captain Jack’s Restaurant and Marina. The applicant would like to utilize the proposed fencing to provide screening between the residential and commercial uses. City Staff is recommending approval of the variances. Questions and Comments from the Commissioners: Spieler asked, how close is the fence to the property line? Matzke responded, the fencing standards allow a fence right up to the property line. Typically people put it up to a foot or six inches away from the property line so that they can maintain full ownership of the fence. Spieler asked, is there any concerns in regard to snow plowing and getting back to the adjacent property’s garage? Matzke responded, that garage is a service door for Captain Jacks, the applicant could possibly respond to that question. There would still be plenty of room to get back to that garage. The path is not maintained very well and may not be utilized much in the winter months. Spieler asked, is there any criteria on the color of the fence itself? Matzke responded, there is not. The applicant is proposing white vinyl. Blahnik asked, the 25 foot structure setback, does this only come into play because the proposed fence is 8 feet, otherwise the applicant would have been allowed to put in a 4 foot high 50% opacity fence in? Matzke responded, fencing requirements state that a fence becomes a structure when a fence is over 6 feet in height. Since the proposed fence is 8 feet it requires a building permit and must meet the structure setbacks. A MOTION BY SPIELER SECOND BY ROSZAK TO OPEN THE PUBLIC HEARING. VOTE: Ayes, Roszak, Spieler, Blahnik, Hite, and Phelan. The Motion carried. The Public Hearing opened at 7:26pm. 3 L:\11 FILES\11 PLANNING COMMISSION\11 MINUTES\MN111411.doc Planning Commission Meeting Minutes November 14, 2011 Comments from the Public: th Tracy Morton and Nathan Snyder (4520 150 Street W Apple Valley) stated, we are here before you tonight in request of a variance to install a fence at 309 Green Heights Trail. We have some photos that better show the site (Mr. Morton discussed the photos of the site). Based on Mr. Matzke’s report I am asking for you to approve the variance requested. Spieler asked, with the white fence is there concern with that matching Captain Jack’s building more than the house? Morton responded, there are not too many colors out there for fencing. White is generally consistent with what is in the neighborhood. The main reason behind the fence is to block the view from Captain Jacks. Hite asked, do we know if Captain Jacks has any issue with the fence? Matzke responded, we have not received any comments from Captain Jacks on this application. Notices were sent to all property owners within 350 feet of the subject site. The notice notifies what is taking place at the subject site and when the public hearing is taking place. Tracy Morton stated, when we had the property surveyed it did appear that their garage actually was over on our property. Phelan asked, it was mentioned earlier that this part of a continuing improvement to make the property saleable, is there an interested party now or is this just a proactive measure to try and secure an offer on the property. Tracy Morton responded, to my understanding there were a couple of extremely interested purchasers but it always comes down to whether or not you want to be next to a restaurant. John Thompson (3915 Green Heights Trail) stated, I live right across from the property and I wanted to say I think it is a positive that the fence is higher. I have the main view of their dumpster right now and it was a sad thing seeing all the trees and fence coming out. It is very important that they grant the variance to get the 8 foot fence so that this beautiful piece property can be saleable. A MOTION BY SPIELER SECOND BY BLAHNIK TO CLOSE THE PUBLIC HEARING. VOTE: Ayes, Roszak, Spieler, Blahnik, Hite, and Phelan. The Motion carried. The Public Hearing was closed at 7:36pm. Comments from the Commissioners: Spieler stated, I will be supporting the variances; it is very good for the property. It separates the property from Captain Jacks and it increases the eye appeal of the neighborhood. Hite stated, I am also in favor of the variances. It’s the best way to mitigate the neighboring issue and the distractions that the commercial use may be having on the residential property. Roszak stated, I agree with my fellow commissioners. I will be supporting it. 4 L:\11 FILES\11 PLANNING COMMISSION\11 MINUTES\MN111411.doc Planning Commission Meeting Minutes November 14, 2011 Blahnik stated, I too will be supporting the variances. I believe the applicant meets the practical difficulties test. The fence and screen is necessary for them to obtain reasonable use of the property, and the neighbors are in support of it. Phelan stated I too will be supporting the variance application. The 15 foot setback should maintain enough visibility for vehicles exiting the property and should be far enough back to not be hindered by snow removal. I think it help beautifies the property and hopefully Sterling State Bank can get a resident in there soon enough. A MOTION BY BLAHNIK SECOND BY ROSZAK TO APPROVE RESOLUTION 11-11PC APPROVING A 4 FOOT HEIGHT VARIANCE TO ALLOW AN 8 FOOT FENCE HEIGHT IN THE FRONT YARD OF A RESIDENTIAL PROPERTY AND A 50 PERCENT OPACITY VARIANCE TO ALLOW A 100 PERCENT OPACITY FENCE IN THE FRONT YARD OF A RESIDENTIAL PROPERTY CONSISTANT WITH SECTION 1101.504 OF THE PRIOR LAKE CITY CODE AND AN 11 FOOT VARIANCE FROM THE REQUIRED 25 FOOT MINIMUM FRONT YARD STRUCTURE SETBACK IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT CONSISTANT WITH SECTION 1102.505 OF THE PRIOR LAKE CITY CODE. VOTE: Ayes, Roszak, Spieler, Blahnik, Hite, and Phelan. The Motion carried. 5. Old Business: None 6. New Business: A. 2011 Annual Planning Commission Report Director Dan Rogness presented the 2011 Annual Planning Commission Report. The report came before the City Council at their last meeting. City Staff felt this would be a good opportunity to familiarize the new Planning Commission members with the events that have taken place over the past year. Commissioner Questions: None. 7. Announcements and Correspondence: th Director Dan Rogness stated, the meeting on the Nov 28 does have a specific agenda item related to tax-forfeited properties that the city is considering purchasing from the county. Part of the process requires that the Planning Commission look at it in compliance with the Comprehensive Plan. MOTION BY SPIELER SECOND BY HITE TO ADJOURN THE MEETING. VOTE: Ayes, Roszak, Spieler, Blahnik, Hite, and Phelan. The Motion carried. 8. Adjournment: The meeting adjourned at 6:48 p.m. Peter Aldritt, Community Development Assistant. 5 L:\11 FILES\11 PLANNING COMMISSION\11 MINUTES\MN111411.doc