HomeMy WebLinkAbout042897REGULAR PLANNING COMMISSION AGENDA
MONDAY, April 28, 1997
7:30 p.m.
2.
3.
4.
5.
Co
Call Meeting to Order:
Roll Call:
Approval of Minutes:
Public Hearings:
Old Business:
New Business:
Case #97-028 Variance request from Pinnacle Partners: Lot width at the front yard
set back; square foot variance to permit a minimum lot area; setback from the
Ordinary High Water Level; and setback from bluff for the property at 15408 Red
Oaks Road.
Case #97-031 Annexation petition from Mesenbrink Construction for 31.25 acres
located in the northeast quarter of the northwest quarter of section 12, Spring Lake
Township.
Case #97-032 Annexation petition from Deerfield Development for 230 acres located
in the North Half of Section 12, Spring Lake Township.
D. Discuss Zoning Ordinance.
e
Announcements and Correspondence:
8. Adjournment:
16200 Ea~e~ Ave. S.E., Prior Lake, Minnesota ~3~'72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MINUTES
APRIL 28, 1997
1. Call to Order:
The April 28, 1997, Planning Commission meeting was called to order by Acting
Chairman Wuellner at 7:31 p.m. Those present were Commissioners Wuellner,
Kuykendall, Stamson and Vonhof, Director of Planning Don Rye, Planning Coordinator
Jane Kansier, and Planner Jenni Tovar.
2. Roll Call:
Stamson Present
Kuykendall Present
Criego Absent
Vonhof Present
Wuellner Present
3. Approval of Minutes:
MOTION BY KUYKENDALL, SECOND BY STAMSON, TO APPROVE THE APRIL
14, 1997, MINUTES.
Vote taken signified ayes by Kuykendall, Vonhof and Stamson. MINUTES
APPROVED.
4. Public Hearings: None
5. Old Business: None
6. New Business:
A. Case #97-028 Variance request from Pinnacle Partners: Lot width at the front
yard set back; square foot variance to permit a minimum lot area; setback from the
Ordinary High Water Level; and setback from bluff for the property at 15408 Red Oaks
Road.
Planner Jenni Tovar presented the Staff Report. The applicant proposes to construct a
new single-family residence on the existing lot and is requesting the following variances:
(1) lot area: the existing lot is 126' short of the 7500 square foot minimum requirement
and 0.47' short of the 50' minimum width at front yard setback; (2) setback from
Ordinary High Water (OHW) mark: 23' variance (52' setback requested; ordinance
requires 75'); (3) setback from top of bluff.' 26' variance (4' setback requested; ordinance
requires 30') and (4) bluff impact zone: 16' variance (ordinance allows no structures
within 20' of top of bluff).
l:\97files\97plcomm\pcminXmn042897.doc Page 1
Staff suggested the variance for lot area and lot width would qualify as a hardship out of
applicant's control. Staff recommends the other requested variances be eliminated or
reduced, as they do not qualify as hardships out of applicant's control. The DNR
recommends no top-of-bluff or bluff impact zone variances be granted.
Comments from the Public:
Bud Waund, representing applicant Pinnacle Partners, explained the proposed house. Mr.
Waund pointed out Lots 1 through 26 are also 50 foot lots and compared the site to other
lake lots with bluff impacts. He felt if the applicants built a smaller house, it would lower
the value of the lot.
Rose Heinicke, 15398 Red Oaks Road, stated she was concerned with the side yard and
bluff setbacks but felt anything that goes on the lot will increase the value of her home.
Marv Mirsch, the owner of adjoining Lot 21, objected to the 5 foot setback as stated in
the Notice. Mr. Mirsch also said he did not want to see the mature oak trees removed.
Mr. Waund said they would make every attempt to preserve the trees and shrubs by using
a high density building envelope.
Comments from the Commissioners:
Vonhof:
· Agreed with staff's recommendations.
· Tree ordinance does not apply. Trees are on lot line.
· Favors tabling the matter to see City Attorney's opinion.
Kuykendall:
· Agreed with staff report.
· No foundation to deal with trees.
· Questioned involvement with Pinnacle Partners.
Stamson:
· Agreed with some conflict in ordinance but did not apply in this case.
· Lot area and width is a hardship.
· Setbacks are a result of design decisions of owners.
· Could use other building techniques.
· Bluff setback variances are contrary to intent.
· Drainage problems would be avoided by cutting down size of house.
l:\97files\97plcomm\pcmin\mn042897.doc Page 2
Wuellner:
· Fairlawn Avenue structure is out of bluff impact zone.
No variance - appealed setback averaging.
· Agreed with Commissioner Stamson
Cannot legally grant variance for design because it is not a hardship.
MOTION BY STAMSON, SECOND BY VONHOF TO APPROVE RESOLUTION 97-
12PC GRANTING A .47 FOOT VARIANCE TO PERMIT A 49.53 LOT WIDTH AT
THE FRONT YARD SETBACK INSTEAD OF THE REQUIRED 25 FEET AND A 126
SQUARE FOOT VARIANCE TO PERMIT A LOT AREA OF 7,374 SQUARE FEET
RATHER THAN THE 7,500 SQUARE FEET REQUIRED TO BUILD ON A
SUBSTANDARD LOT. DIRECT STAFF TO PREPARE A RESOLUTION DENYING
(1) A 23 FOOT VARIANCE REQUEST TO PERMIT A 52 FOOT SETBACK FROM
THE ORDINARY HIGH WATER MARK OF PRIOR LAKE (904 EL.) RATHER
THAN THE MINIMUM REQUIREMENT OF 75 FEET, AND (2) A 26 FOOT
VARIANCE REQUEST TO PERMIT A 4 FOOT SETBACK FROM THE TOP OF
BLUFF RATHER THAN THE MINIMUM REQUIREMENT OF 30 FEET, AND (3) A
16 FOOT VARIANCE REQUEST TO PERMIT A 4 FOOT SETBACK WITHIN THE
BLUFF IMPACT ZONE RATHER THAN THE REQUIRED 20 FEET FOR A
PROPOSED SINGLE FAMILY DWELLING.
Vote taken signified ayes by all. MOTION CARRIED.
B. & C. Cases 97-031 and 97-032 Annexation petition from Mesenbrink Construction
and Deerfield Development for acreage in Spring Lake Township.
Planning Coordinator Jane Kansier presented the staff reports. This parcel is part of 270
acres owned by the developer. The developer has petitioned to annex the entire area;
there are two petitions because ownership of the parcels is under two separate names.
This property is currently located within the Orderly Annexation area in Spring Lake
Township. The petitioner has requested the annexation of this property in order to
develop the land with municipal services.
The developer is proposing a mixed use development on the entire 270 acres. The
development includes about 60 acres of industrial/commercial land in the eastern half of
the parcel. It also includes a mixture of residential land uses, starting with R-1
development on the north side, then R-2 and R-3 development to the south and west.
There is also a potential high school site consisting of 80 to 100 acres on this parcel. The
total number of dwelling units on the site at buildout may vary from 400 units to 800
units, depending on whether or not the school district locates a high school on this site.
The density of the site can range from 1.5 units per acre to 3 units per acre.
The City originally proposed to include this site in the expanded Metropolitan Urban
Service Area when the Comprehensive Plan was updated in 1996; however, the acreage
l:\97files\97plcomm\pcmin~mn042897.doc Page 3
was removed from the MUSA when the Metropolitan Council allowed fewer acres in the
MUSA than the City had originally proposed. The City has had some preliminary
discussions with the Metropolitan Council staff about adding this acreage into the
MUSA. The staff has given some preliminary indications that the area may be included
in the MUSA if some of the new development can be used to satisfy some of the City's
Livable Community goals.
Minnesota Statutes Section 414.033, Subd. 2a, allows the City to annex land within an
orderly annexation area if all of the landowners petition for annexation. Staff
recommended approval.
Comments from Commissioners:
Kuykendall:
· Commented on Livable Communities Act.
Wuellner:
· Discussed the opportunities for Prior Lake.
Don Rye explained the diversity with the Livable Communities Act. The Metropolitan
Council has offered a short cut to approve developments.
Commissioner Vonhof left the meeting.
Regarding Case//97-031
MOTION BY STAMSON, SECOND BY KUYKENDALL TO RECOMMEND THE
CITY COUNCIL APPROVE THE ANNEXATION AS REQUESTED BY THE
LANDOWNER.
Vote taken signified ayes by all. MOTION CARRIED.
Regarding Case//97-032
MOTION BY STAMSON, SECOND BY KUYKENDALL TO RECOMMEND CITY
COUNCIL TO APPROVE THE ANNEXATION AS REQUESTED BY THE
LANDOWNER.
Vote taken signified ayes by all. MOTION CARRIED.
D. Zoning Ordinance
Discussed signage requirements and buffer yards provisions. In general they agreed with
staff's proposed buffer yards.
l:\97files\97plcomm\pcmin~nn042897.doc Page 4
Planning Director Don Rye noted the City Council would like to move forward on the
amendment to lakeshore setbacks. The Commissioners discussed the rationale for the 50
foot setback from the Ordinary High Water elevation as opposed to the 75 foot ordinance.
Staff noted there was little information as to the rationale of the 75 foot setback. The
DNR based the 50 foot setback on several studies as well as the fact most General
Development Lakes are nearly completely developed. Some Commissioners were
concerned the reduced setbacks would cause more massive buildings along the lake front.
Staff explained the issue would be addressed through the use of a maximum floor area
ratio.
MOTION BY KUYKENDALL, SECOND BY WUELLNER TO RECOMMEND
APPROVAL OF THE ORDINANCE AMENDMENTS TO REDUCE THE
LAKESHORE SETBACK TO 50 FEET FROM THE ORDINARY HIGH WATER
MARK.
Discussion:
Stamson felt the impervious surface standard should also be reduced to 25% which is
consistent with the DNR's standards.
Vote taken signified 2 ayes and 1 nay. MOTION CARRIED.
8. Adjournment:
The meeting adjourned at 9:35 p.m.
Donald Rye
Director of Planning
Connie Carlson
Recording Secretary
l:\97files\97plcomm\pcmin~tnn042897.doc Page 5