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HomeMy WebLinkAbout1027972. 3. 4. REGULAR PLANNING COMMISSION AGENDA MONDAY, OCTOBER 27, 1997 6:30 p.m. Call Meeting to Order: Roll Call: Approval of Minutes: Public Hearings: A. Case #97-103 Wendy Whitney requesting a variance to construct a new 528 square foot detached garage with additional driveway in the rear yard of property located at 14407 Watersedge Trail. Old Business: B. Case #97-053 Brian Mattson Variance Continued - request to construct a new garage and access driveway for the property located at 16575 Inguadona Beach Circle. New Business: A. Discussion with Watershed District Representative. B. Flood Plain Presentation. Announcements and Correspondence: A. Update on Downtown Steering Committee meeting. B. Letter from Burdick Properties. Adjournment: L:\97FILES\97PLCOMM~CAGENDA~AG 102797.DOC 16200 Ea§le Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Pr. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION MINUTES OCTOBER 27, 1997 1. Call to Order: The October 27, 1997, Planning Commission meeting was called to order by Chairman Stamson at 6:32 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: Cramer Present Kuykendall Present Criego Present Vonhof Present Stamson Present 3. Approval of Minutes: Change statement after Roll Call stating Commissioners Criego and Vonhof arrived at 6:31 p.m. (not 7:31 p.m.) MOTION BY VONHOF, SECOND BY KUYKENDALL TO APPROVE THE OCTOBER 13, 1997, MINUTES AS AMENDED. Vote taken indicated ayes by all. MOTION CARRIED. 4. Public Hearings: A. Case #97-103 Wendy Whitney requesting a variance to construct a new 528 square foot detached garage with additional driveway in the rear yard of property located at 14407 Watersedge Trail. Planner Jenni Tovar presented the staff report dated October 27, 1997. The applicant is proposing to construct a new 528 square foot detached garage with additional driveway in the rear yard of property located at 14407 Watersedge Trail. There is no existing garage on the property. Variances were granted for 5 foot side yard and 5' rear yard setbacks in 1990 for a garage. However, no garage was ever built and the variance has since expired. The existing impervious surface is 28%. The proposed additions with impervious surface removal will create an overall impervious surface of 35.5%. The Shoreland Ordinance allows a maximum impervious surface coverage of not more than 30%. The proposed additional driveway will be located 5 feet from the property line. Therefore, the applicant L:\97FILES\97PLCOMM~PCM~102797.DOC is requesting a 5.5% variance to impervious surface coverage maximum to permit coverage of 35.5%, rather than the maximum allowed of 30%. Staff Recommendation: Reductions to impervious surface can be made by removing part of the drive and reducing the size of the garage. If the Planning Commission feels a 2 car garage is reasonable, then staff recommends 33% impervious surface with recommended reductions. If the Planning Commission feels a 1 car garage is reasonable, staff recommends denying the variance request. Comments from the public: Wendy Whitney, 14407 Watersedge Trial, said they considered all options for the neighbors without removing trees. She feels it is necessary to have a two car garage. She could live with the 20 x 22 foot garage but would prefer larger. Ms. Whitney said she maintains a 14 foot strip of City property behind her yard and wondered if that would help with drainage. Commissioner Stamson closed the hearing. Comments from the Commissioners: Vonhof: Staffworked on reducing the impervious surface. · Familiar with lot 35, he owns lot 34. All the significant trees are being maintained with the garage proposal. · Good there are no side yard variances. · Questioned the garage elevation at 910 and the fill. · Whitney responded it would involve fill and explained the proposal and landscaping. · Questioned staff on filtering the runoff and swale. Tovar said staff was working with the applicant and the DNR. · Recommend the garage have gutters on both sides with runoff to the back. · Favors staff's recommendations - the variance criteria have been met. · Pointed out the City's green space in the back yard where in the past, Commissioners have only acted on applicant's property. · Felt the need for a two car garage. And that should be the standard. Kuykendall: · Agreed with staff's suggestion of cutting down the size of the driveway. · Questioned the extra 48 sq. feet and impervious surface. Tovar explained the reductions. · The DNR requests 25%. · Will hold to a one car garage. The impervious surface issue is very important. A one car garage is reasonable. Criego: L:\97FILES\97PLCOMM~PCMINLMN 102797.DOC 2 · Agreed with staff's report. · It is mandatory to have a two car garage in Minnesota. · The lot is substandard and the applicant has tried every way to comply. · The DNR basically agreed with the runoff. · There is a hardship. Cramer: · Agreed with staff's recommendation. · A two car garage is appropriate for Minnesota. · The applicant has done a great deal of work to come as close to the impervious surface requirement as possible. · Supports the proposal. Stamson: · Very hesitant to grant a variance over the 30%. · In the past, Commissioners have generally concluded a garage is necessary. Staff's recommendations are down to a 2.7% variance. · All setbacks from adjacent properties are met. · The drainage on neighboring properties is almost non-existent. The nmoffis taken care of. · This is a very unique circumstance. · Supports staff's proposal. Open discussion: Kuykendall: · Will support the variance given the uniqueness of the property. · Applicant Whitney explained how she measured and maintains the green space (14 x 61 fee0. · Changed his position given the rationale applicant maintains the adjoining property to support the request. MOTION BY CRIEGO, SECOND BY VONHOF, TO APPROVE RESOLUTION 97- 17PC GRANTING A 3% VARIANCE TO PERMIT IMPERVIOUS SURFACE OF 33% RATHER THAN THE MAXIMUM ALLOWED OF 30% FOR A PROPOSED GARAGE AND EXPANDED DRIVEWAY ON THE PROPERTY LOCATED AT 14407 WATERSEDGE TRAIL WITH THE ADDED CONDITION GUTTERS BE ADDED TO EACH SIDE OF THE GARAGE. Vote taken signified ayes by all. MOTION CARRIED. 5. Old Business: B. Case #97-053 Brian Mattson Variance Continued - Request to construct a new garage and access driveway for the property located at 16575 Inguadona Beach Circle. L:\97FILES\97PLCOMM~PCMINWiN 102797.DOC 3 Planner Jenni Tovar presented the staff report dated October 27, 1997. This request was brought before the commission in June and continued at the request of the applicant for plan revisions to reduce the overall variance requests. Mr. Mattson is proposing to construct a new detached garage and access driveway. There is no existing garage on the property. No previous variances have been granted. The existing house with deck is setback approximately 22 feet from the front property line, 9.8 feet from the side property line to the north, approximately 10 feet from the side property line to the south. The applicant is proposing to construct a 480 square foot detached garage in the rear yard with a bituminous access driveway located along the side of the principle structure to the garage in the back. Existing impervious surface is 28%. The proposed additions with impervious surface removal will create an overall impervious surface of 36.5%. The Shoreland Ordinance allows a maximum impervious surface coverage of not more than 30%. The proposed driveway will be located 2 feet from the property line. The City Code requires a minimum driveway setback of 5 feet from the side yard property line. Therefore, the applicants are requesting a 6.5% variance to impervious surface coverage maximum to permit coverage of 36.5%, rather than the maximum allowed of 30% and a 3 foot variance to the driveway side yard setback to allow a 2 foot driveway setback rather than the required setback of 5 feet. The DNR is not opposed to the location of the driveway 2 feet off the property line along with staff's conditions as stated in their report. Tovar said staff would work with applicant in diverting the water. Staff Recommendation: If the Planning Commission feels a 2 car garage is reasonable, then staff recommends approval of the variances proposed. If the Planning Commission feels a 1 car garage is reasonable, staff recommends denying the variance request. Mr. Matson's neighbors, Kenneth and Evelyn Falkum submitted a letter objecting to the requested variances. Comments from the Public: Brian Mattson, 16575 Inguadona Beach Circle, responded to questions regarding gutters. There is on one side of the house where the driveway would be located. Mr. Mattson said he has been sensitive to the impervious surface and his neighborhood area. All the other new construction above him has forced the water down the road and changed the neighborhood. It has become a real consideration for his garage by his neighbors across the street. One of the contingencies is a 3 foot easement for snow storage and drainage. Tovar explained the driveway setback allowing for adequate snow storage. Mattson explain his plan for snow removal. L:\97FILES\97PLCOMM~CMINLMN 102797.DOC 4 Dennis Falkum, 10500 Olympic Circle, Eden Prairie, is the son of the neighboring property across the road, voiced his parents concerns for the runoff. Comments from Commissioners: Kuykendall: · QUestioned width and easement. Tovar explained the possible snow storage easement between the neighbors. · With the water problems in the neighborhood he cannot agree with the higher impervious surface. There were no alternative proposals from the applicant to solve the runoff problem. · Even with a one car garage the impervious surface would be 32% percent. · Mr. Mattson responded he is at 28% right now. He has four drivers and a boat and is trying to deal with storing his property. · Suggested removing the concrete patio under the deck. · Would like to see other designs. · Given the impact on the community suggested tabling to a future meeting. Criego: · Very small lot - 5,600 sq. feet. The DNR has proposed alternatives. · A neighbor does not want to provide a snow area. · If it was just 36% he could agree, but does not support using the neighbor's property for snow storage. Cramer: · Agreed with Criego. Has difficulty with the two foot setback. · The neighborhood drainage is a problem. · The DNR wants to slow down the drainage. · There is no "on street" parking. · Cannot agree to grant the variance. Vonhof: · The neighborhood has tight lots. · The house across the street is below grade. · Suggested to Mr. Mattson - remove the driveway to the south side of the property which would reduce the setback and impervious surface. · There is a reasonable alternative. Hardship criteria is not met. · There will bca grading issue either way. · Need for a two car garage. Stamson: Agreed with Commissioners on the parking issue. · The DNR is asking 25% impervious surface. In this neighborhood there are no curbs or gutters. · What is proposed will only add to the existing problems. L:\97FILES\97PLCOMM~CMINLMN 102797.DOC 5 · The neighbors can build 5 feet from the property. A total of 7 feet between the two properties will be a problem. · This proposal has a significant negative impact on the neighborhood. Mr. Mattson believes the primary cause of the water problems are from the newly constructed homes. Their construction has tumed the roads into a river. His driveway construction is minimal. He understands the problem. Kuykendall: · Suggested purchasing the adjacent lot. MOTION BY VONHOF, SECOND BY CRIEGO, TO DENY THE REQUESTED VARIANCE BASED ON THE LACK OF HARDSHIP DEMONSTRATED FROM THE ZONING CODE CRITERIA. Vote taken signified ayes by all. MOTION CARRIED. 6. New Business: Discussion with Prior Lake Spring Lake (PLSL) Watershed District Representative - Craig Gontarek Mr. Gontarek began his presentation by pointing out the Watershed District has a very marginal role in the FEMA ordinance. The only role the Watershed District maintains is management of the outlet, which policies are dictated by the DNR. He explained the outlet and the future with the 509 Plan (a 10 year outlook). The original outlet was designed for flood relief, rather than flood control. They have a joint powers agreement with the City of Shakopee and the Lower Minnesota River Watershed District. If the PLSL Watershed District wants to open the outlet, they have to notify Shakopee and the Minnesota River District. If they are having problems they have the ability to shut the outlet off. The Watershed is concerned with the increasing impervious surface in the system. They would like to incorporate ponding upstream. Unfortunately the topography is not good. The Watershed is also looking at modifications to the outlet and the affects on the surrounding properties and Minnesota River. Construction costs are tens of millions of dollars. Most of the problems are in the upper watershed. Mr. Gontarek mentioned the PLSL Watershed is on the leading edge on how to address some of the problems. The Watershed does not enforce zoning ordinances. Their primary focus has been water quality. Funds and grants were discussed as well. The Commissioners discussed Scott County and the Metropolitan Council's involvement in the area. The Watershed meets with the Cities, Townships and Met Council. How land is developed has a major impact on the watershed. Planned developments such as cluster housing and leaving open areas are needed and should be understood and incorporated by developers. The Watershed did not have the power to make land use decisions in the L:\97FILES\97PLCOMM~CMINLMN 102797.DOC 6 past. More information should be distributed to all local agencies. Concern for impervious surface standards at 30%. B. Flood Plain Presentation - Planning Coordinator Jane Kansier Kansier gave an overview of the flood plain. Topics included: l) 2) 3) 4) 5) Direct and indirect flood losses. · Direct losses to homeowners, business, agriculture damage, etc. Damage to community infrastructures - streets, bridges and utilities. · Clean up costs. Flood Plain Management history · DNR involvement · FEMA involvement Flood definitions Flood insurance Flood proofing The Commissioners requested staffto come back in a few months with an estimate of homes in the flood plain. Comments were taken from the public: Rick Johnson, 5283 Frost Point Circle, expressed frustration of not understanding the new ordinance. He feels not enough people know what is going on. Mr. Johnson also believes a number of homes will decreased in value with the new ordinance. John Titus, 5331 Frost Point Circle, pointed out some of his neighbor's misunderstandings of the issues. Mr. Titus said some people have the opinion the Watershed is being influenced by special interest groups not wanting the outlet open. He would like the lake kept at a lower level and incorporate a spillway. Mr. Titus suggested employing the DNR to alleviate the 904 high water level and assess future developers for watershed outlet funds. Tom Foster, 5795 Shannon Trail, stated he was the previous owner of Rick Johnson's home. He commented the PLSL Watershed has done an incredible job with the limited funds and resources. He feels there should be extensive management up stream. 7. Announcements and Correspondence: A. Update on Downtown Steering Committee meeting. Rye gave a brief overview of the first meeting. L:\97FILES\97PLCOMM~PCM~ 102797.DOC 7 B. Letter from Burdick Properties. Rye gave an update of the neighborhood issues and briefly discussed the City's mediation services. Commissioner Kuykendall stated tonight's presentation with graphs was very helpful. 8. Adjournment: MOTION BY KUYKENDALL, SECOND BY CRIEGO, TO ADJOURN THE MEETING. The meeting adjourned at 9:29 p.m. Donald Rye Director of Planning Connie Carlson Recording Secretary L:\97FILES\97PLCOMMXPCMIICMN 102797.DOC 8