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HomeMy WebLinkAbout052896REGULAR PLANNING COMMISSION AGENDA '-Tuesday, May 28, 1996 7:00 p.m. Call Meeting to Order: Roll Call: Approval of Minutes: 7:00 Dan Herbst, President Pemtom Land Company, guest speaker. Public Hearings: 96-041 ELMER CLARKE, 16280 PARK AVENUE, REQUESTING A 28 FOOT VARIANCE TO PERMIT A LAKESHORE SETBACK OF 47 FEET INSTEAD OF THE REQUIRED 75 FEET, AND A 7.9 FOOT VARIANCE TO PERMIT A SIDE YARD SETBACK OF 2. l FEET INSTEAD OF THE REQUIRED l0 FEET RELATED TO RECONSTRUCTION OF.A SINGLE FAMILY HOUSE AND THE CONSTRUCTION OF A 24' X 24' ATTACHED GARAGE. Old Business: New Business: Planning Commission chairperson recommendation to City Council. Announcements and Correspondence: Adjournment: 16200 L~L-~k Ave. S.E.. Prior Lake, Minnesota ~3~72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION MINUTES MAY 28, 1996 The May 28, 1996, Planning Commission Meeting was called to order by Vice Chair Criego at 7:09 p.m. Those present were Commissioners Criego, Loftus and Vonhof, City Planner Don Rye, Assistanl Planner Michael Leek and Recording Secretary Connie Carlson. Commissioner Wuellner arrived at 7:30 p.m. ROLL CALL: Criego Present Wuellner Absent Vonhof Present Loffus Present Kuykendall Absent APPROVAL OF MINUTES: Corrections Page 11 and 14 change "Creigo" to "Criego". MOTION BY VONHOF, SECOND BY LOFTUS, TO APPROVE THE MAY 13, 1996, MINUTES AS WRITTEN. Vote taken signified ayes by Criego, Vonhof, and Loftus. MOTION PASSED. New Business: Discussion on recommending a chairperson for Planning Commission every 18 months or every 2 years. It was the consensus of the Commissioners to recommend to City Council to extend the chair position to a term of 18 months. MOTION BY VONHOF, SECOND BY LOFTUS, TO RECOMMEND BILL CRIEGO, TO CITY COUNCIL AS CHAIRPERSON FOR THE PLANNING COMMISSION. Vote taken signified ayes by Vonhof, Loftus and Criego. MOTION CARRIED. MOTION BY LOFTUS, SECOND BY VONHOF, TO RECOMMEND DAVE WUELLNER AS VICE CHAIR FOR THE PLANNING COMMISSION. , Vote taken signified ayes by Loftus, Vonhof and Criego. MOTION CARRIED. Public Hearing: 96-041 ELMER CLARKE, 16280 PARK AVENUE, REQUESTING A 28 FOOT VARIANCE TO PERMIT A LAKESHORE SETBACK OF 47 FEET INSTEAD OF THE REQUIRED 75 FEET, AND A 7.9 FOOT VARIANCE TO PERMIT A SIDE MN052896.DOC PAGE I YARD SETBACK OF 2.1 FEET INSTEAD OF THE REQUIRED 10 FEET RELATED TO RECONSTRUCTION OF A SINGLE FAMILY HOUSE AND THE CONSTRUCTION OF A 24' X 24' ATTACHED GARAGE. Assistant Planner Michael Leek presented the information from the Planning Report dated May 28, 1996. Staff recommended approval of the requested lakeshore variance because the Ordinance criteria had been met. The 5 foot side yard request does not meet the criteria and staff recommended denial. Comments from the public: Elmer Clarke, 16280 Park Avenue, was present to answer questions. Mark Slaughter, 16290 Park Avenue lives next to Mr. Clarke and had no objection to the requested variances. He stated he had variances granted for his home as well as the neighbors and supports the request. Lorriane Lillyblad, 16308 Park Avenue, said her concern was access for fire equipment if there is a fire; the garage is two feet bigger than her garage and feels it is too big for the lot and furthermore the Lillyblads could not build the garage they wanted and do not feel Mr. Clarke should either. Comments by Commissioners: Loftus: Supportive of lakeside variance · Deny side yard variance. · The hardship was created by the applicant by deeding the adjacent land away. Vonhof: · No comments at this time. Wuellner: · Agree with Loflus with the lakeshore setback but not a side setback. Criego: · Concern the 10 foot issue between the applicant and the neighbor. It becomes a fire hazard. · There is a stone ice house and stone wall on the property by the lake. · Rye explained the ice house and wall are not considered structures under the ordinance. MOTION BY WUELLNER, SECOND BY LOFTUS, TO APPROVE A 28 FOOT LAKESHORE SETBACK OF 47 FEET INSTEAD OF THE REQUIRED 75 FEET MNO52896DOC PAGE2 AND DENY THE 7.9 FOOT TO PERMIT A SIDE YARD ON THE SOUTH OF 2.1 FEET INSTEAD OF THE REQUIRED 10 FEET. Rationale: The hardship is the design choice by the property owner. Vote taken signified ayes by Vonhof, Loft-us and Wuellner, nay by Criego. MOTION CARRIED. Chairman Criego closed the public hearing. A recess was called at 7:50 p.m. The meeting reconvened at 8:00 p.m. Michael Leek presented guest speaker, Dan Herbst, President Pemtom Land Company. Mr. Herbst spoke on the following topics: Land sellers demands and requirements; "brown land"; environmental land issues; recent development scenario and the typical development complications including neighborhood opposition, political climate, staff and planning commission/city council agendas and their relationships, utility issues, the impact of delays, timing and costs; the Livable Communities Act; Metropolitan Council and local units of government; planning standards/engineering standards and their conflicts; the waste of two sidewalks; and the housing consumer who is the ultimate bearer of all costs. MOTION BY CRIEGO, SECOND BY LOFTUS, TO ADJOURN THE MEETING. Votes taken signified ayes by Wuellner, Vonhof, Criego and Loftus. The meeting was adjourned at 9:27 p.m. Donald Rye Director of Planning Connie Carlson Recording Secretary MN052896.DOC PAGE 3