HomeMy WebLinkAbout061096REGULAR PLANNING COMMISSION AGENDA
MONDAY, June 10, 1996
7:00 p.m.
2.
3.
4.
A.
Bo
Do
Eo
Call Meeting to Order:
Roll Call:
Approval of Minutes:
Public Hearings:
AMENDMENT TO PARK DEDICATION REQUIREMENTS OF THE
SUBDIVISION ORDINANCE.
CASE #96-044 PUBLIC HEARING TO CONSIDER A REQUEST BY KAREN L.
AND EDWARD J. FISHER TO AMEND SECTION 5-3-3 OF THE PRIOR LAKE
CITY CODE AND SECTION 3 OF THE PRIOR LAKE ZONING ORDINANCE
TO MAKE PRE-SCHOOLS/CHILD CARE A PERMITTED USE IN THE B2-
COMMUNITY BUSINESS ZONING DISTRICT. THE APPLICANTS ARE
INTERESTED IN OPERATING A PRE-SCHOOL ON THE PROPERTY
LOCATED AT 4730 DAKOTA STREET WHICH IS ZONED B2-COMMUNITY
BUSINESS.
CASE #96-045 PRELIMINARY PLAT PROPOSING A 28 LOT, SINGLE
FAMILY DEVELOPMENT TO BE KNOWN AS "MAPLE HILL SECOND
ADDITION" A 11.5 ACRE SITE LOCATED SOUTH OF COUNTY ROAD 42
AND NORTH OF THE DEVELOPMENT KNOWN AS "KNOB HILL".
CASE #96-027 HEARING FOR A VARIANCE REQUEST FROM
COOPERATIVE POWER COMPANY FOR A VARIANCE FROM SECTION 5.1
OF THE ZONING ORDINANCE TO PERMIT THE INSTALLATION OF POLES
TO SERVE AN ELECTRICAL SUBSTATION, SAID POLES TO HAVE A
HEIGHT OF 70 FEET INSTEAD OF THE PERMITTED 35 FEET ON PROPERTY
LOCATED IN THE B 1-LIMITED BUSINESS ZONING DISTRICT.
CASE #96-040 VARIANCE REQUEST FROM DAVE SMITH FOR AN 18 FOOT
VARIANCE TO PERMIT A 67 FOOT SETBACK FROM THE CENTERLINE OF
SPRING LAKE ROAD RATHER THAN THE REQUIRED 85 FEET; AND A 5
16200 L~~k Ave. S.E., Prior Lake, Minnesota ~3e372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
FOOT VARIANCE TO PERMIT A REAR YARD SETBACK OF 20 FEET
INSTEAD OF THE REQUIRED 25 FEET; FOR THE CONSTRUCTION OF AN
ATTACHED GARAGE ON PROPERTY LOCATED IN THE RI-SUBURBAN
RESIDENTIAL DISTRICT AND THE SD-SHORELAND DISTRICT IDENTIFIED
AS 2590 SPRING LAKE ROAD.
Fo
CASE #96-048 VARIANCE REQUEST BY MICHAEL SORENSON FOR A 10
FOOT VARIANCE TO PERMIT A FRONT YARD SETBACK OF 15 FEET
INSTEAD OF THE REQUIRED 25 FEET FOR THE CONSTRUCTION OF A
DECK AND SCREENED PORCH; ON PROPERTY LOCATED IN THE RI-
SUBURBAN RESIDENTIAL DISTRICT AND THE SD-SHORELAND OVERLAY
DISTRICT IDENTIFIED AS 16351 ALBANY AVENUE.
5. Old Business:
6. New Business:
7. Announcements and Correspondence:
8. Adjournment:
AG061096.DOC PAGE
PLANNING COMMISSION MINUTES
JUNE 10, 1996
The June 10, 1996, Planning Commission Meeting was called to order by Vice Chair
Criego at 7:01 p.m. Those present were Commissioners Criego, Loftus, Wuellner and
Vonhof, City Planner Don Rye?ark and Recreation Director, Paul Hokeness and
Recording Secretary Connie Carlson.
ROLL CALL:
Criego Present
Wuellner Presem
Vonhof Present
Lofts Presem
Kuykendall Absent
APPROVAL OF MINUTES:
MOTION BY WUELLNER, SECOND BY LOFTUS, TO APPROVE THE MAY 28,
1996, MINUTES AS WRITTEN.
Vote taken signified ayes by Criego, Wuellner, Vonhof and Loftus. MOTION PASSED.
Public Hearings:
AMENDMENT TO PARK DEDICATION REQUIREMENTS OF THE SUBDIVISION
ORDINANCE.
The hearing was open and a sign-up sheet was circulated to the public.
Director of Parks, Paul Hokeness presented information from the Planning Report dated
June 10, 1996. A summation of his report is as follows:
The purpose of the Amendmem was to consider changes to the Park Dedication
Ordinance Chapter 6, Section 6-6-8 of the Subdivision Ordinance. This Amendment
would do the following:
Establish a schedule of dedication credit from 0-100% of the required 10% park
dedication based upon the characteristics of the land to be dedicated.
· Require developers to grade, provide topsoil, and establish turf on dedicated lands.
· Reserve the right of the City to accept or reject land for park purposes based upon the
expected cost of making such lands useable for public purposes.
Hokeness explained the currem Park Dedication Ordinance and what it allows the
developer to do. The City's current need is for land which can be developed into active
recreation and athletic facilities. The athletic fields are at full capacity. P.L.A.Y. and
MN061096.DOC PAGE I
Prior Lake Soccer participation is increasing and the City is not able to meet the current
demands. Therefore, participation will have to be limited.
Other issues discussed were trails, playgrounds, condition of park land, wetlands and
woods.
Comments from the public:
Tom Foster, 5795 Shannon Trail SE, felt Mr. Hokeness did an excellent presentation of
the concerns of the residents and of what developers have or have not experienced in the
past. Mr. Foster is in favor of the proposal and said the developers should have
additional information guidelines for the City's parks.
The public heating was closed by Commissioner Criego.
Comments from Commissioners:
Loftus:
· Likes the concept and is supportive of the amendment.
· Agrees with the total scheme of land characteristics and dedication credit.
· Could raise definition of"unstable land" to a 75% credit. The definitions could be a
little more defined. Hokeness said he could change it.
VonhoL'
· Interesting and enlightening to see this drawn up focusing on uses and potefitial uses
of the land. It is good to know when the Commissioners look at developments.
· What is a minimum park size acceptable to be useful? Hokeness responded 5 acres
was good for a neighborhood park - playground, ball fields, picnic shelter, and
parking space.
· Hokeness stated he would like to see 6 acres and put parking lots in the
neighborhoods. Parking is a problem in the community.
· N.U.R.P. ponds and wetlands have been taken out of park dedications.
· Developers responsible for grading - Hokeness said other communities do this. Once
the developers are in tune to do this, it is easier when they are out developing and
grading to complete the trails. It would be easier to grade trails and put the black top
in before the homes are built.
· Cash in lieu of the land is based on $13,000 per acre. It is based on gross acreage.
Wuellner:
· The unstable land with poor soils is a contradiction in Section B (of the Amendment.)
Hokeness explained the conversion of the land characteristics vs. the dedication
credits.
· Clarify statements for developers.
MN061096. DOC PAGE 2
Criego:
· Agrees with Commissioners.
· Rye said setting standards like that, by definition is going to be arbitrary to some
extent. The City will never have a formula to pin it down exactly. Some properties
will have more value, others will need work. The more work a property needs, the
less value it is to the park system. This establish a relative system of perfectly
suitable land to perfectly uns_uitable. Not subject to much attack.
· If the developer makes the land developable he should get 100% credit.
· Virgin woods would have a high value.
· Hokeness stated the number one priority right now is to have flat lands.
· Change B to go up to a higher category. Change wording of land characteristics.
Loftus:
· Retrofitting unstable land. There can be misunderstandings between the City and
developer. We need to get a strong understanding. Move percentages closer.
MOTION BY VONHOF, SECOND BY WUELLNER, TO RECOMMEND ADOPTION
OF PROPOSED AMENDMENTS TO CHAPTER 6, SECTION 6-6-8, AS
PRESENTED, WITH TWO ADDITIONS INCLUDING NOT ACCEPTING N.U.R.P.
PONDS, WATER RETENTION AREAS FOR PARK DEDICATION AND REVISING
THE UNSTABLE LAND AND POOR SOIL CONDITIONS SECTION.
Discussion: Support changes.
Vote taken signified ayes by Vonhof, Wuellner, Loftus and Criego. MOTION i~ASSED.
CASE #96-044 PUBLIC HEARING TO CONSIDER A REQUEST BY KAREN L.
AND EDWARD J. FISHER TO AMEND SECTION 5-3-3 OF THE PRIOR LAKE
CITY CODE AND SECTION 3 OF THE PRIOR LAKE ZONING ORDINANCE TO
MAKE PRE-SCHOOLS/CHILD CARE A PERMITTED USE IN THE B2-
COMMUNITY BUSINESS ZONING DISTRICT. THE APPLICANTS ARE
INTERESTED IN OPERATING A PRE-SCHOOL ON THE PROPERTY LOCATED
AT 4730 DAKOTA STREET WHICH IS ZONED B2-COMMUNITY BUSINESS.
The hearing was open to the public and a sign-up sheet was circulated to the audience.
Director of Planning, Don Rye, presented the information from the Staff Report dated
June 10, 1996. Recommendation to City Council is to approve the proposed Ordinance
amending the B-2 District to allow day care centers as permitted uses.
Comments from the public:
Karen Fisher and Ed Fisher, and supported parents were present. (10 letters of support
were sent to the City). The Fishers are requesting daycare/pre-school facilities added to
MN061096.DOC PAGE3
the permitted uses in the B-2 district. Mrs. Fisher said they brought the proposal forward
because they felt it would fit easily into the Ordinance. The operation has been
successful in town for almost 3 years. There is not a concern for high visibility. They
currently have a waiting list.
Cathy Fealy, 18246 Country Squire, stated Little Lakers is the best daycare facility her
children have ever been in. She is impressed with the quality of daycare in the
community.
Dave Monson, 2891 Center, felt it is a great school. His child is on a waiting list to get
in.
Cheryl Hennen, 4680 Tower Street SE, is in support of the daycare.
Janine Alcom, 14283 Shady Beach Trail NE, has 3 four year olds and feels Little Lakers
is a great place. It will help down town Prior Lake.
Vice Chair Criego closed the public hearing.
Loftus:
· Supportive.
Wuellner:
· Agrees.
¥onhof:
· Should be a permitted use.
· Does not see a problem with the related traffic.
Criego:
· Supportive.
· Is a very valuable asset to the community.
MOTION BY LOFTUS, SECOND BY WUELLNER, RECOMMEND TO CITY
COUNCIL TO ACT IN FAVOR OF AMENDING THE ORDINANCE TO INCLUDE
DAYCARE/PRESCHOOLS AS A PERMITTED USE IN THE B-2 ZONING
DISTRICT.
Votes taken signified ayes by Loftus, Wuellner, Loftus and Criego. MOTION PASSED.
The public hearing was closed.
CASE #96-045 PRELIMINARY PLAT PROPOSING A 28 LOT, SINGLE FAMILY
DEVELOPMENT TO BE KNOWN AS "MAPLE HILL SECOND ADDITION" A 11.5
MN061096.DOC PAGE4
ACRE SITE LOCATED SOUTH OF COUNTY ROAD 42 AND NORTH OF THE
DEVELOPMENT KNOWN AS "KNOB HILL".
Planning Director Don Rye explained the applicant and neighboring property owner are
getting together to submit a joint application. They will modify the plan and make it
consistent with the Knob Hill development
MOTION BY LOFTUS, SECO~qD BY WUELLNER, TO TABLE THE MATTER.
Vote taken signified ayes by Loftus, Wuellner, Vonhof and Criego. MOTION
CARRIED.
The public hearing was closed.
A recess was called at 8:01 p.m. The meeting reconvened at 8:08 p.m.
CASE #96-027 HEARING FOR A VARIANCE REQUEST FROM COOPERATIVE
POWER COMPANY FOR A VARIANCE FROM SECTION 5.1 OF THE ZONING
ORDINANCE TO PERMIT THE INSTALLATION OF POLES TO SERVE AN
ELECTRICAL SUBSTATION, SAID POLES TO HAVE A HEIGHT OF 70 FEET
INSTEAD OF THE PERMITTED 35 FEET ON PROPERTY LOCATED IN THE BI-
LIMITED BUSINESS ZONING DISTRICT.
Planning Director Don Rye turned the presentation over to Mr. Will Kaul, the Director of
Transmission and Environmental Services for Cooperative Power Company.
Mr. Gene Ernst, landscaper for the project, presented illustrations and explained the
design and tree development for the proposed landscaping. The land owner on Timothy
Avenue agreed to let the applicant plant Black Hills Spruce trees on his property to help
shield the towers.
Comments from Commissioners:
Vonhof:
· Mr. Ernst explained the planting line along County 42 and Timothy Avenue.
· Mel Hentges of Minnesota Valley Electric Coop explained the underground feeders.
· Inserting slats on fence may not be effective but screening is a concern.
· Mr. Hentges said there would not be a problem to put slats on the south side.
· Rye does not feel the slats would work well. It is a maintenance problem. It can be
more of a visual problem.
· Mr. Kaul stated it is a problem not being able to see through the fence.
Loftus:
· Likes the improvements on the schematic plan.
MN061096. DOC PAGE
· Berming an option? Mr. Ernst said the grades would not work.
Wuellner:
· The applicant has done a good job proposing an acceptable screen. Supportive.
Criego:
· Mr. Ernst explained the winter landscape scene. Salt is a problem for the trees. Once
an evergreen is damaged it will not come back.
· Possibility of putting a vine on the south fence? Mr. Ernst said there would not be
enough irrigation. Mr. Kaul said they have strict regulations to follow with screens.
MOTION BY LOFTUS, SECOND BY WUELLNER, TO ACT FAVORABLY ON
THE REQUEST FOR VARIANCE AND ADOPT RESOLUTION 96-19PC.
Discussion: Some type of screen should be on the fence; It will take a long time for the
trees to mature; Maintenance has not been a problem on this site; The substation has
been there for 30 years; Possible tennis court green screening; and a vine will not work.
Vote taken signified ayes by Criego, Wuellner, Loftus, nay by Vonhof. MOTION
CARRIED.
CASE #96-040 VARIANCE REQUEST FROM DAVE SMITH FOR AN 18 FOOT
VARIANCE TO PERMIT A 67 FOOT SETBACK FROM THE CENTERLINE OF
SPRING LAKE ROAD RATHER THAN THE REQUIRED 85 FEET; AND A 5 FOOT
VARIANCE TO PERMIT A REAR YARD SETBACK OF 20 FEET INSTEAD OF
THE REQUIRED 25 FEET; FOR THE CONSTRUCTION OF AN ATTACHED
GARAGE ON PROPERTY LOCATED IN THE RI-SUBURBAN RESIDENTIAL
DISTRICT AND THE SD-SHORELAND DISTRICT IDENTIFIED AS 2590 SPRING
LAKE ROAD.
Don Rye presented the information from the Planning Report dated June 10, 1996. Staff
recommendation is to deny the application due to the lack of demonstrated hardship.
Applicant has legal alternatives to construct the additional garage.
Comments from the public:
Dave Smith, 2590 Spring Lake Road, said he bought the property in March. It was a
HUD home and Mr. Smith has spent $13,000 remodeling the interior. He re-roofed the
home, fixed up the yard and would like to add a garage and brick the front. Mr. Smith
feels he is enhancing the property. He will go with a smaller 24 x 26 foot garage and ask
for a 18 foot front yard setback variance.
Vice Chair Criego entered a letter of opposition from his neighbor, Roger Gaustad.
MN~I096.DOC PAGE6
Comments from Commissioners:
Criego:
· Impervious surface is not an issue.
· Applicant has improved the property and supports the request.
Loftus:
· It seems like a lot of garage J- (Applicant explained proposal.)
· The neighbor feels there has been encroaching on his property.
· Suggested to build a smaller garage.
Vonhof:
· Asked Mr. Smith if it was his abandon property on the neighbor's lot. Smith stated it
was not. It was there when he bought the property and he would like it cleaned up as
well.
· The 5' side yard setback is not an issue.
· All of the neighbors' house site lines are the same. No objection to the front setback.
· Cannot approve the back yard setback.
Wuellner:
· The overhang is permitted. The construction proposal meets the city requirements.
· Not supportive of backyard setback. Applicant does not need to go past the rear of
the house.
· Applicant does have limited options. Justified the 5' side yard.
· Supportive of front yard setback.
Criego:
· Supportive of front and not back yard setback.
MOTION BY VONHOF, SECOND BY LOFTUS, TO APPROVE AN 18 FOOT
VARIANCE TO PERMIT A 67 FOOT SETBACK FROM THE CENTERLINE OF
SPRING LAKE ROAD RATHER THAN THE REQUIRED 85 FEET RECOGNIZING
THE FOUR VARIANCE HARDSHIP CRITERIA HAVE BEEN MET.
Discussion: Direct staff to prepare a Resolution for the motion. Applicant does not need
the additional requested variance.
Vote taken signified ayes by Vonhof, Loftus, Wuellner and Criego. MOTION
CARRIED.
CASE #96-048 VARIANCE REQUEST BY MICHAEL AND KATHLEEN
SORENSON FOR A 10 FOOT VARIANCE TO PERMIT A FRONT YARD
SETBACK OF 15 FEET INSTEAD OF THE REQUIRED 25 FEET FOR THE
CONSTRUCTION OF A DECK AND SCREENED PORCH; ON PROPERTY
M~q061096.DOC PAGE 7
LOCATED IN THE RI-SUBURBAN RESIDENTIAL DISTRICT AND THE SD~
SHORELAND OVERLAY DISTRICT IDENTIFIED AS 16351 ALBANY AVENUE.
Planning Director Don Rye presented the information from the Planning Report. Staff
concluded the Ordinance hardship criteria had not been met and recommended denial of
the variance request.
Comments from the public:
Michael and Kathleen Sorenson, 16351 Albany Avenue, distributed handouts and
pictures of their home. Mrs. Sorenson explained the existing deck is rotting and would
like to replace it with a new deck and screened porch. She further explained the
complications with the existing home and small lot. The Sorensons are doing an overall
improvement to their home and are working hard to enhance their property.
Jim Cates, 16390 Albany Avenue, explained the house was built in Spring Lake
Township after WWII. The townships did not have setbacks or specific ordinances until
the early 1960's. No one in the neighborhood objects to the development. He feels the
Sorensons did a great job remodeling the rest of the house and would like to see them
continue the improvements.
Comments from the Commissioners:
Wuellner:
· The applicants lived in the house 14 years and did not create the problem.
· The setback would run through the middle of his home.
· The impact of building a new deck and porch is a reasonable proposal. It is a small
substandard lot and have very limited options.
· Supportive of request.
Vonhof.-
· Nice improvements to home.
· Agrees with Wuellner. It is not a further encroachment on the existing structure.
The lot is unique and substandard. Hardship criteria has been met.
· Supports proposal.
Loftus:
· Concurs with previous comments.
Criego:
· The garage was part of the original house.
· The screened portion be attached to the house. The screened porch is 12' x 14'.
· Impervious surface is not a problem.
MN061096.DOC PAGE8
· There is an alternative for a deck. The roof line may not match as far as the screened
porch but they could meet the front yard setback.
Open Discussion: Applicant is not encroaching to the road. Factor in the history back to
1956 under a different unit of government. The applicant is trying to make the home look
pleasing. It is a unique piece of property on a comer and it is substandard lot. There is a
natural hardship. The lot has a ,ery reduced envelope. This is replacing an existing
deck.
MOTION BY WUELLNER, SECOND BY VONHOF, TO ACT FAVORABLY ON A
15 FOOT FRONT YARD SETBACK INSTEAD OF A 25 FOOT SETBACK.
RATIONALE BEING IT IS A SUBSTANDARD LOT AND APPLICANTS ARE
REPLACING AN EXISTING STRUCTURE. DIRECT STAFF TO DRAFT A
RESOLUTION.
Votes taken signified ayes by Wuellner, Vonhof, Loftus and Creigo. MOTION
CARRIED.
New Business:
The new Planning Commissioner is Tony Stamson. Commissioner Loftus' last meeting
will be June 24, 1996.
The Comprehensive Plan has been approved by the Metropolitan Council.
MOTION BY LOFTUS, SECOND BY WUELLNER, TO ADJOURN THE MEETING.
Vote taken signified ayes by Loftus, Wuellner, Vonhof and Criego. MOTION
CARRIED.
The meeting adjourned at 9:50 p.m.
Donald Rye
Director of Planning
Connie Carlson
Recording Secretary
MN061096.DOC PAGE 9