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HomeMy WebLinkAbout0728972. 3. 4. 5. REGULAR PLANNING COMMISSION AGENDA MONDAY, JULY 28, 1997 6:30 p.m. Call Meeting to Order: Roll Call: Approval of Minutes: Public Hearings: A. Case #97-065 Creekside Cir. SE. B. Case #97-066 Trail SE. Old Business: Consider a side yard setback for Alvin Monnens, 16697 Conditional Use Request for C. H. Carpenter, 16450 Anna A. Case #97-050 (Continued) Bryan & Philip Hines request setback variance from Ordinary High Water Level, for the property at 2719 Spring Lake Road. B. Case #97-053 (Continued) Brian Mattson request a side yard setback and impervious surface variances for the property at 16575 Inguadona Beach Circle. New Business: Announcements and Correspondence: A. Review of Recreational Vehicle Requirements B. Continue discussions on community image Adjournment: 16200 Fai~g~9~.~ek Ave. S.E., Prior Lake, Minnesota 553~72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION MINUTES JULY 28, 1997 1. Call to Order: The July 28, 1997, Planning Commission meeting was called to order by Chairman Stamson at 6:31 p.m. Those present were Commissioners Cramer, Criego, Kuykendall, Stamson and Vonhof, Director of Planning Don Rye, Planning Coordinator Jane Kansier, Planner Jenni Tovar and Recording Secretary Connie Carlson. 2. Roll Call: Vonhof Present Stamson Present Kuykendall Present Criego Present Cramer Present 3. Approval of Minutes: MOTION BY KUYKENDALL, SECOND BY CRIEGO, TO APPROVE THE JUNE 23, 1997 MINUTES AS SUBMITTED. Vote taken signified ayes by Kuykendall, Criego, Cramer and Stamson. MOTION CARRIED. Commissioner Vonhof abstained. 4. Public Hearings: A. CASE #97-065 CONSIDER A SIDE YARD VARIANCE FOR ALVIN MONNENS, 16697 CREEKSIDE CIRCLE. Planner Jenni Tovar presented the staff report. The applicant is proposing to construct a 480 square foot attached garage in the side yard utilizing an existing bituminous driveway located along the south side of the principle structure. There is no existing garage on the property. The proposed garage will be located 5 feet from the property line. The City Code requires a minimum structure setback of 10 feet from the side yard property line (Section 5-4-1). Therefore, the applicant is requesting a 5 foot variance to the side yard setback to allow a 5 foot garage setback rather than the required setback of 10 feet. The property is zoned R-1. The house was constructed in 1963 without a garage. This lot is 22,095 sq. feet and 100 feet wide at the street. Therefore, this lot is not a substandard lot. The existing house is setback approximately 42 feet from the front L:\97FILES\97PLCOMM~CMIN~MN072897.DOC 1 property line, 25 feet from the side property line to the south, and approximately 29 feet from the side property line to the north. No previous variances have been granted. Generally, the city maintains a 5 foot drainage and utility easement on side property lines. However, the plat shows a 6 foot dedication. The city does not permit structures to be located within drainage and utility easements. The issue of drainage onto the adjacent property is not a major concem, as easements exist. The variance to side yard setback could be eliminated if the garage was located behind the existing structure or to the north. The legal building envelope is approximately 80' by 170' or 13,640 square feet. Staff concluded there are other legal alternatives and no undue hardship as a reasonable use of the property exists. Comments from the public: Alvin Monnens, 16697 Creekside Circle, felt the proposed location was the only alternative to place his garage. If he put the garage on the other side, he would also have to ask for variances. The bedrooms and air conditioner unit are also located on side of his home as well. Mr. Monnens read a newspaper article dated September 25, 1993, quoting the City Council "A two car garage is a must in Minnesota." Comments from the Commissioners: Vonhof: · Does not feel the 4 hardship criteria have been met. · Agreed with applicant a garage is needed but there are other legal alternatives. Kuykendall: · Agreed with staff. There are other alternatives. · A garage can be placed in other locations. Criego: · Questioned the grade to the shed. Mr. Monnens thought it was approximately 80 inches. The house is on a slope. The alternative would be a detached garage. Tovar explained a detached garage would fit the building envelope. Cramer: · It is reasonable to have a garage in the State of Minnesota. · Agreed with staff's recommendations. Commissioner Kuykendall explained the utility easement. L:\97FILES\97PLCOMM~CMIN~MN072897.DOC 2 MOTION BY VONHOF, SECOND BY KUYKENDALL, TO ADOPT RESOLUTION 97-16PC DENYING A 5 FOOT VARIANCE REQUEST TO PERMIT A 5 FOOT SIDE YARD SETBACK RATHER THAN THE MINIMUM REQUIREMENT OF 10 FEET FOR A PROPOSED ATTACHED GARAGE ON PROPERTY LOCATED AT 16697 CREEKSIDE CIRCLE FOR ALVIN MONNENS. Vote taken signified ayes by all. MOTION CARRIED. B. CASE #97-066 CONDITIONAL USE REQUEST FOR C. H. CARPENTER, 16450 ANNA TRAIL SE. Commissioner Stamson opened the public hearing. The City received an application for a conditional use permit from C.H. Carpenter Lumber on July 3, 1997. The applicant proposes to construct two pole type buildings in a phasing plan. The applicant is proceeding with a tree inventory/landscape plan, but is in need of more time. Considering notices of public hearing were sent and published, the Planning Commission must continue the hearing to August 11, 1997. MOTION BY VONHOF, SECOND BY CRIEGO, TO CONTINUE THE MEETING TO AUGUST 11, 1997 PLANNING COMMISSION MEETING. Vote taken signified ayes by all. MOTION CARRIED. 5. Old Business: A. CASE #97-050 (CONTINUED) BRYAN AND PHILIP HINES REQUEST SETBACK VARIANCE FROM ORDINARY HIGH WATER LEVEL, FOR THE PROPERTY AT 2719 SPRING LAKE ROAD. Planner Jenni Tovar presented the staff report. On June 23, 1997 the Planning Commission heard a variance request from Bryan and Philip Hines who are proposing to remove an existing deck and construct a new, larger deck with a porch and a separate greenhouse. The applicants had originally requested a variance to allow an expanded deck with porch to be setback 30 feet from the Ordinary High Water and a proposed greenhouse to be setback approximately 37.5 feet from the Ordinary High Water. Based on the hardship criteria used for evaluating variances, the Planning Commission was prepared to deny the variances as requested. Upon request of the applicant, the Planning Commission continued the discussion to July 28, 1997. This was to allow the applicant time to modify the proposed additions to reduce/eliminate the variance request. The revised proposed deck does not extend any closer to the OHW than the existing deck. However, it extends 8 feet farther to the west. This is to allow access around the proposed porch. The proposed larger deck and porch have been located at the same L:\97FILES\97PLCOMMSPCM1N~MN072897.DOC 3 Ordinary High Water setback of the existing principle structure of 47 feet. The greenhouse which was originally proposed has been eliminated. Staff concluded there are legal altematives for construction of the proposed additions. relocation of the additions to within the legal building envelope and/or replacing the existing deck of the same size and location are viable alternatives to the granting of a variance. A Comments from the public: Phil Hines, 2719 Spring Lake Road, explained his change of request to extend the roof of his house as well as reducing the deck setback. By placing the deck on the west side of the house, it would line up with the existing boathouse. Comments from the Commissioners: Kuykendall: · Does not support the additional 8 feet. Replace the existing deck. · Sees other alternatives. There are no hardships. Criego: · Ordinance states applicant can repair existing deck. · Applicant is not encroaching toward the lake. · Accepted proposal. · Questioned the building envelope. · The Commissioners are concerned when someone goes out of the building envelope. Cramer: · Stated he was not present for the previous meeting. · The applicants tried to make a significant changes but there are other alternatives which would satisfy the setback requirements. Vonhof.' · Question for staff on the roof line of the house as proposed by the applicant. · The house was built in Spring Lake Township. · The ordinance had just recently been changed to 50 feet. · Applicant should replace the deck, but there are no extraordinary hardships. · Recognizes there have been significant changes in the proposal but still go a little bit further and modify. There are other altematives. · Does not oppose to replacing existing deck. Stamson: · Strongly agreed with Vonhof. · Recognizes the substantial changes. It is too close to the lake. L:\97FILES\97PLCOMM~PCMIN~MN072897.DOC 4 · Hardship has not been made. Mr. Hines said he asked for a continuance under the impression the Commissioners would accept staying within the extension of the house line. Commissioner Stamson explained the hardship criteria in the ordinance. The Commission does not find any hardship. MOTION BY KUYKENDALL, SECOND BY VONHOF, TO ADOPT RESOLUTION 97-14PC DENYING AN 11 FOOT VARIANCE REQUEST TO PERMIT A 39 FOOT SETBACK FROM THE ORDINARY HIGH WATER MARK OF SPRING LAKE RATHER THAN THE MINIMUM REQUIREMENT OF 50 FEET FOR A PROPOSED PORCH AND EXPANDED DECK ON PROPERTY LOCATED AT 2719 SPRING LAKE ROAD FOR PHILLIP AND BRYAN HINES. Discussion: Criego felt applicant would not be encroaching closer to the lake. Vonhof explained the applicant has made a choice. There are substantial alternatives with the large building envelope. Vote taken signified ayes by all. MOTION CARRIED. Commissioner Stamson explained the appeal process. B. CASE//97-066 (CONTINUED) VARIANCES REQUESTED FOR SIDE YARD SETBACK AND IMPERVIOUS SURFACE FOR BRIAN MATTSON FOR THE PROPERTY AT 16575 INGUADONA BEACH CIRCLE. The hearing was open to the public. On June 23, 1997 the Planning Commission heard a variance request from Brian Mattson who is proposing to construct a detached garage with driveway. The applicant had originally requested a variance to allow impervious surface coverage on the lot to be 54% and the driveway to be setback 1 foot from the property line. Based on the hardship criteria used for evaluating variances, the Planning Commission was prepared to deny the variances as requested. Upon request of the applicant, the Planning Commission continued the discussion to July 28, 1997. This was to allow the applicant time to modify the proposed additions to reduce/eliminate the variance request. The Planning Department has received a written request from the applicant requesting an extension until August 11, 1997. The applicant has significantly reduced the impervious surface on the site and is awaiting completion of final survey. MOTION BY VONHOF, SECOND BY CRAMER, TO CONTINUE THE MATTER TO THE AUGUST 11, 1997 PLANNING COMMISSION MEETING. L:\97FILES\97PLCOMIVlSPCMIN\MN072897.DOC 5 Vote taken signified ayes by all. MOTION CARRIED. 6. New Business: None 7. Announcements and Correspondence: A. Review of Recreational Vehicle Requirements. Planning Coordinator Jane Kansier reviewed the special zoning meeting discussion on parking recreational vehicles in residential areas. The Commissioners discussed enforcement and complaints. Rye explained some of the enforcement problems and budgeting for a zoning administrator. Fines and permits were discussed. Parking dates should be determined for easier enforcement. Possible dates could be May 1 to November 1 for summer storage, November 1 to April 1 for winter storage. Change "vehicles" to "recreational equipment". Commissioners briefly discusSed the junk vehicle ordinance and current licensed and operational vehicles. Discussed dropping the screening requirement. The biggest concern is someone storing boats, tractors and fish houses in their front yard, boats parked in the right-of-way, impervious surface, etc. Consider community standards and values. Regulation should be consistent across the city. The title should be changed to "Trailers and Recreational Vehicles". Kansier said she would take the comments and bring back a revision. B. Continue discussions on community image. Why do people move to Prior Lake? It is a friendly small town with small town values. The remodeling and image should take on a "small town" look. A place to raise a family. Prior Lake is a safe, stable, proud and caring community. The neighborhoods are all ages, unique and diverse. The neighborhoods, down town and Lakefront Park should be tied in. A phrase is needed to pull it all together, like "Home Town". Focus on small. Commissioners related similar feelings and experiences of small towns. Pick up on "Minnesota Nice". Use words to describe like "metro", "core", "the heart", "Strong neighborhoods", "strong community feeling". Suggest community involvement, a contest, to come up with an identity statement. The Commissioners are going to come up with ten words or phrase (a sample) and go out and poll the community. A document should be presented to the Park Director to guide the library architects in presenting a theme for our city. Something along the lines of "We want to develop a community core that reflects the intimacy and diversity of our community, preserving family values, etc." L:\97FILES\97PLCOMMSPCMINLMN072897.DOC Or "We want a down town that creates a focal point which represents the traditional family values of the community." Prior Lake with small town values. Develop community standards that will support the City's image. Establish a focal point for the community. "We want Prior Lake to do "The document should state in the beginning paragraph the objective, describe the community and provide direction for the development of standards to support the image stated. Establish a focal point for the community where people can get together. C. The commissioners briefly discussed the DNR's position on floor ratio in the shoreland district. The commission should meet and further discuss the Shoreland District Ordinance. D. The lighting issue for private homes and lake association structures should be addressed. There would have to be a balance between security and appropriate lighting. The design is the key. One representative from the Planning Commissioners and the EDA should be on the election committee for the library design. The Commissioners would like to support and help in the planning. The committee is working on the Request for Qualifications (RFQ). Commissioner Vonhof suggested taking a trip to Chanhassen and viewing the renovated down town area. The zoning meeting is set for Thursday, August 7, at 5:30 p.m. in Conference Room B. Boat trip lined up for August 12, at 6:00 at the Wagon Bridge Marina. 8. Adjournment: The meeting adjourned at 9:02 p.m. Donald Rye Director of Planning Connie Carlson Recording Secretary L:\97FILES\97PLCOMM~PCMIN\MN072897.DOC 7