HomeMy WebLinkAbout012296REGULAR PLANNING COMMISSION AGENDA
MONDAY, January 22, 1996
7:00 p.m.
1. Call Meeting to Order:
2. Roll Call:
3. Approval of Minutes:
4. Public Hearings:
VA96-02 NOTICE OF HEARING FOR A WEST SIDE YARD SETBACK
VARIANCE TO PERMIT A SETBACK OF 7.6 FEET INSTEAD OF THE REQUIRED
10 FEET AND A LAKESHORE SETBACK VARIANCE OF 56 FEET INSTEAD OF
THE REQUIRED 75 FEET RELATED TO CONSTRUCTION OF A GARAGE AND
PORCH ADDITIONS, RESPECTIVELY, TO AN EXISTING HOUSE ON
PROPERTY LOCATED IN THE RI-SUBURBAN RESIDENTIAL AND SD-
SHORELAND DISTRICT
5. Old Business:
Hackett Resolution-96-03PC A RESOLUTION GRANTING vARIANcES TO
PERMIT A SIDE YARD SETBACK OF 4.5 FEET ON THE WEST AND A SIDE
YARD SETBACK OF 5.5 FEET ON THE EAST INSTEAD OF THE REQUIRED 10
FEET TO PERMIT AN ADDITION TO AN EXISTING RESIDENCE ON PROPERTY
LOCATED IN THE R1-URBAN RESIDENTIAL ZONING DISTRICT AND SD-
SHORELAND DISTRICT AT 3508 SYCAMORE TRAIL.
6. New Business:
7. Announcements and Correspondence:
8. Adjournment:
16200 F:~mJl~9(~,q~k Ave. S.E.. l~ior Lake. Minnesota ~5~3r-/2-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MINUTES
January 22, 1996
The January 22, 1996, Planning Commission Meeting was called to order by Chairman
Kuykendall at 7:06 p.m. Those present were Commissioners Criego, Kuykendall, Loftus
and Vonhof, Planning Director Don Rye and Associate Planner Michael Leek.
ROLL CALL:
Criego Present
Wuellner Present
Vonhof Present
Loftus Present
Kuykendall Present
REVIEW MINUTES OF PREVIOUS MEETING:
Spelling correction on Criego.
MOTION BY VONHOF, SECOND BY CRIEGO TO APPROVE THE JANUARY 8,
1996 MINUTES.
Vote taken signified ayes by Loftus, Vonhof, Criego and Kuykendall. Wuellncr was not
present at the meeting and abstained from voting. MOTION CARRIED.
PUBLIC HEARINGS:
VA96-02 BRIAN CARLSON - REQUEST FOR A WEST SIDE YARD SETBACK
VARIANCE TO PERMIT A SETBACK OF 7.6 FEET INSTEAD OF THE REQUIRED
10 FEET AND A LAKESHORE SETBACK VARIANCE OF 56 FEET INSTEAD OF
THE REQUIRED 75 FEET RELATED TO CONSTRUCTION OF A GARAGE AND
PORCH ADDITIONS, RESPECTIVELY, TO AN EXISTING HOUSE ON
PROPERTY LOCATED IN THE RI-SUBURBAN RESIDENTIAL AND 'SD-
SHORELAND DISTRICT.
Associate Planner Michael Leek presented the Staff Report dated January 22, 1996. Staff
concluded reasonable use of the property currently exists. Legal alternatives exist to
accomplish the applicants' objective, thus the Ordinance criteria have not been met.
Recommendation is to deny the application.
Applicant Brian Carlson, distributed pictures of his home and property. Mr. Carlson
withdrew his request for the garage variance. He further explained he and his wife were
dumbfounded on the major process of getting the variances. Mr. Carlson feels all the
requirements are met and further explained the hardship is with the change in the
MN012296. DOC PAGE 1
Ordinance since they bought the house. He meets the DNR regulation setback of 50 feet.
Mr. Carlson pointed out previous lakeshore variances granted. The Carlsons feel their
only alternative is to move the house back and that is not economincally viable.
Comments from the Commissioners:
Vonhof:
· Question regarding DNR regulations.
· Placement parallel to street.
Wuellner:
· No questions, has other options.
· Disagrees with the option to take the house down.
Criego:
· No questions, has a lot of empathy.
· Applicant has a large lot but the hardship has not been met.
Loftus:
· Feels there is a hardship with the 904 foot lake level.
· Should take the porch off.
Kuykendall:
Questions regarding accessory storage and slopes.
MOTION BY WUELLNER, SECOND BY VONHOF, TO DENY THE
APPLICATION FINDING A LACK OF HARDSHIP.
Discussion:
Lack of hardship and other options.
Vote taken signified ayes by Wuellner, Vonhof, Criego, Loftus and Kuykendall.
MOTION CARRIED.
5. Old Business:
Hackett Resolution-96-03PC A RESOLUTION GRANTING VARIANCES TO
PERMIT A SIDE YARD SETBACK OF 4.5 FEET ON THE WEST AND A SIDE
YARD SETBACK OF 5.5 FEET ON THE EAST INSTEAD OF THE REQUIRED 10
FEET TO PERMIT AN ADDITION TO AN EXISTING RESIDENCE ON PROPERTY
LOCATED IN THE R1-URBAN RESIDENTIAL ZONING DISTRICT AND SD-
SHORELAND DISTRICT AT 3508 SYCAMORE TRAIL.
MNO 12296 DOC PAGE 2
Michael Leek explained the circumstances regarding the need for a change in Mr.
Hackett's request. The need for an increase setback resulted from a lack of information
on the plans showing cantilevered overhangs. Mr. Hackett further described the situation
and asked the Planning Commission to consider his request at a new hearing.
There was considerable discussion by the Commission regarding the basis for dealing
further with this issue. It was the consensus of the Commissioners that the variances
which were approved at the last meeting were sufficient. The Planning Director indicated
the Commission would act on the Resolution as it stood and consider a further hearing on
the requested increase.
MOTION BY LOFTUS, SECOND BY VONHOF TO APPROVE RESOLUTION 96-
03PC.
Vote taken signified ayes by Loftus, Vonhof, Criego and Kuykendall. Wuellner
abstained from voting. MOTION CARRIED.
MOTION TO REOPEN THE PUBLIC HEARING BY LOFTUS, SECOND BY
CRIEGO.
Vote taken signified ayes by Loftus, Criego and Wuellner, nays by Vonhof and
Kuykendall. MOTION CARRIED.
The meeting was adjourned at 9:05 p.m.
Don Rye
Director of Planning
MN012296.DOC PAGE 3