HomeMy WebLinkAbout022497REGULAR PLANNING COMMISSION AGENDA
MONDAY, February 24, 1997
6:30 p.m.
1. Call Meeting to Order:
2. Roll Call:
3. Approval of Minutes:
4. Public Hearings:
A. CASE #97-011 AMENDMENT TO SECTION 5-1-7 OF THE CITY CODE AND TO
SECTION 8.1 OF THE PRIOR LAKE ZONING ORDINANCE RELATING TO THE
DEFINITION OF MINIMUM LOT AREA IN THE SHORELAND DISTRICT
B. CASE #97-012 JOHN B. MAHONEY CONSTRUCTION IS REQUESTING A VARIANCE
TO PERMIT A 51 FOOT SETBACK FROM THE ORDINARY HIGH WATER LEVEL
(OHWL) OF PRIOR LAKE (904 EL.) INSTEAD OF THE REQUIRED 75 FEET; FOR
THE CONSTRUCTION OF A RESIDENTIAL ADDITION (FOUR SEASON PORCH)
AND DECK ON PROPERTY LOCATED IN THE R-1 (URBAN RESIDENTIAL)
DISTRICT AND THE SD (SHORELAND OVERLAY) DISTRICT IDENTIFIED AS 15731
HIGHLAND AVENUE.
5. Old Business:
REVISED 1996 VARIANCE SUMMARY
New Business:
Announcements and Correspondence:
Adjournment:
16200 E~nf~t~k Ave. S.E., Prior Lake, Minnesota ~372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MINUTES
FEBRUARY 24, 1997
1. Call to Order:
The February 24, 1997, Planning Commission meeting was called to order by Chairman
Criego at 6:34 p.m. Those present were Commissioners Criego, Stamson, Vonhof,
Wuellner and Kuykendall, Director of Planning Don Rye, Planning Coordinator Jane
Kansier, Planner Jenni Tovar and Recording Secretary Connie Carlson.
2. Roll Call:
Vonhof Present
Wuellner Present
Stamson Present
Kuykendall Present
Criego Present
3. Approval of Minutes:
MOTION BY VONHOF, SECONDED BY KUYKENDALL, TO APPROVE THE FEBRUARY
10, 1997, MINUTES AS SUBMITTED.
Vote taken signified ayes by Kuykendall, Criego, Wuellner, Stamson and Vonhof.
MINUTES APPROVED.
4. Public Hearings:
A. CASE #97-011 AMENDMENT TO SECTION 5-1-7 OF THE CITY CODE AND TO
SECTION 8.1 OF THE PRIOR LAKE ZON1NG ORDINANCE RELATING TO THE
DEFINITION OF MINIMUM LOT AREA IN THE SHORELAND DISTRICT
The public hearing was opened at 6:35 p.m.
Planning Coordinator Jane Kansier presented the staff report. The amendment to the
Zoning Ordinance will clarify the definition of minimum lot area in the Shoreland
District and simplify the administration of the current ordinance. In the Shoreland
District, only land above the Ordinary High Water Mark may be used to meet the
minimum lot area standards. This provision is currently found in Section 5-8-3 C of the
City Code and Section 9.3 C of the Zoning Ordinance. In order to clarify this provision,
the staff is proposing the definition of "Minimum Lot Area" be amended.
The proposed amendment does not change the current standards of the Shoreland District.
It clarifies the intent of the minimum lot area provisions, and places this standard in a
more logical location.
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There were no comments from the public.
Comments from the Commissioners:
Vonhof:
· Ordinary-High-Water is 904 on Prior Lake.
· The amendment is for all riparian lots in the shoreland area.
· What happens to the land between the O-H-W and the lot area?
for figuring lot area.
Kansier explained it is just
Kuykendalh
· The word "land" should be defined. Kansier said the standard dictionary definition would
apply.
· Questioned property owners who have land down into the lake. Rye explained a meandered
lake.
· Support the intent.
Wuellner:
· Questioned property lines, abstract or torrens. Rye responded.
Stamson:
· All concerns have been addressed.
Criego:
· Agreed with staff's recommendation.
MOTION BY VONHOF, SECOND BY KUYKENDALL, TO RECOMMEND THE COUNCIL
APPROVE THE AMENDMENT TO SECTION 5-1-7 OF THE PRIOR LAKE CITY CODE
AND AMENDING SECTION 8.1 OF THE PRIOR LAKE ZONING ORDINANCE 83-6.
Vote taken signified ayes by all. MOTION CARRIED.
The public hearing closed at 6:45 p.m.
B. CASE #97-012 JOHN B. MAHONEY CONSTRUCTION REQUEST A VARIANCE
TO PERMIT A 51 FOOT SETBACK FROM THE ORDINARY HIGH WATER LEVEL OF
PRIOR LAKE INSTEAD OF THE REQUIRED 75 FEET; FOR THE CONSTRUCTION OF A
RESIDENTIAL ADDITION (FOUR SEASON PORCH) AND DECK ON PROPERTY
LOCATED IN THE R-1 DISTRICT AND THE SHORELAND OVERLAY DISTRICT
IDENTIFIED AS 15731 HIGHLAND AVENUE.
Planner Jenni Tovar presented the staff report. The Planning Department received a
variance application from John Mahoney, on behalf of David Fong, who is proposing to
replace a deck with a four season porch and construct a new deck. No previous variances
have been granted. The lot is located in the Island View 1 st Addition on Prior Lake.
MN022497 {PAGF~-I
The existing deck (14 by 26 feet) is setback 51 feet from the Ordinary High Water Level
(OHWL) of 904 instead of the required 75 feet. The applicant is proposing to remove the
existing deck and replace it with a four season porch of the same size (14 by 26 feet) and
construct a new deck on the east side of the dwelling setback 51 feet from the OHWL.
Based on the survey submitted by the applicant, the adjacent properties are setback 66
feet and 54 feet. Setback averaging results in a setback of 60 feet. The applicant is
requesting a 24 foot variance to permit a setback of 51 feet from the OHWL.
Comments from the public:
John Mahoney, represented David and Helen Fong, said the Fongs just bought the
property and would like to enclose the deck. He further explained the construction
problems with staff's proposal. The deck and garage roof would not come together. Mr.
Mahoney said he built the home 20 years ago and the deck should be about the same age.
Mr. Mahoney said there were no deck requirements and setbacks at the time of
construction. And the original survey shows 105 feet from the lake to the edge of the
house. Rye said there would be a general setback from the lake but the Shoreland
Ordinance did not go into effect until 1983.
Comments from the Commissioners:
Stamson:
· Tovar explained the Ordinance regarding changing a deck to a structure.
· There are other legal alternatives.
· Supports staff recommendation.
Wuellner:
· Moving the deck to the west is an unreasonable alternative. The deck has existed for
an unknown number of years.
· There is a slab below. Enclosing the deck will not change the impervious surface.
· The neighbors are supportive. There is no serious affect.
Kuykendall:
· The garage is on the west and to place an enclosed structure behind the garage is
architecturally unusual and unreasonable.
· Structure is the same with the runoff.
· The DNR's response is a 50' setback and their response is not under their jurisdiction.
· The shoreline was not the same 20 years ago.
Criego:
· The impervious surface mentioned only covers half the deck.
· The Shoreland District states 75' from the O-H-W.
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· Approving the enclosed deck goes against our ordinance.
· There are no undue hardships.
· The City is trying to preserve the lakeshore and stop the encroachment to the lake.
· Suggest to redo the deck and keep as is.
· Agreed with Planning Department.
Open Discussion:
Wuellner:
· The lot is extremely flat and heavily wooded which helps reduce the runoff.
· The applicant would be willing to reduce the porch and cut off part of the slab
reducing the existing runoff. Applicants could build their screened-in porch and stay
away from the lake.
Stamson:
· The lot is unique and does not encroach on the lake but there are no undue hardships.
Kuykendalh
· Discussed driveway standards.
· The City picked a 75' lakeshore setback arbitrarily.
· The structure is a reasonable use.
Criego:
· This is not a substandard lot.
Wuellner:
· Discussed reasonable use and substandard lots.
Kuykendalh
· Applicant has many trees between the house and water. A visual barrier is a positive
thing to have and should be considered with setbacks and variances.
· Given the fact this is an existing lot, it is not unreasonable to build a three season
porch.
· The visual impact is reduced by the trees.
· The neighbors do not find any problem with the addition.
Wuellner:
· The neighbors' enclosed deck is 54 feet from the lake.
MOTION BY STAMSON, SECOND BY CRIEGO, TO APPROVE RESOLUTION 97-
06PC DENYING THE 24 SETBACK REQUEST TO PERMIT A 51 FOOT SETBACK
FROM THE ORDINARY HIGH WATER MARK OF PRIOR LAKE RATHER THAN
THE MINIMUM REQUIREMENT OF 75 FEET FOR A PROPOSED PORCH AND
DECK.
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This is based on the findings it does not deny reasonable use of the property.
Vote taken signified ayes by Criego, Kuykendall and Stamson. Nay by Wuellner.
MOTION CARRIED.
Chairman Criego explained the appeal process.
5. Old Business:
A. REVISED 1996 VARIANCE SUMMARY
Planner Jenni Tovar presented the staff report.
The Commissioners discussed hardships and interpretations of reasonable use.
MOTION BY WUELLNER, SECOND BY STAMSON TO RECOMMEND TO CITY
COUNCIL THE PROPOSED REPORT.
Vote taken signified ayes by all. MOTION CARRIED.
6. New Business:
7. Announcements and Correspondence:
Don Rye reported an applicant proposing to build a strip mall off Franklin Trail.
· Discussed supporting rationale statements with every motion.
· Discussed shoreland areas.
8. Adjournment:
MOTION BY CREIGO, SECOND BY STAMSON, TO ADJOURN THE MEETING.
Thc meeting adjourned at 7:$$ P.M.
Donald Rye
Director of Planning
Connie Carlson
Recording Secretary
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