HomeMy WebLinkAbout112696, 7.
REGULAR PLANNING COMMISSION AGENDA
MONDAY, November 25, 1996
7:00 p.m.
1. Call Meeting to Order:
2. Roll Call:
3. Approval of Minutes:
A. October 28, 1996 Meeting.
B. October 29, 1996 Special Zoning Meeting.
C. November 12, 1996 Meeting.
4. Public Hearings:
A. Case #96-114 Variance request from Northern Classic Homes requesting a variance to
permit a 22 foot setback from the Ordinary High Water Level (OHWL) of Prior Lake
instead of the required 75 feet; a variance to permit impervious surface lot coverage of
37.8% rather than the maximum 30% impervious lot coverage allowed; for the
construction ora single family dwelling on property located in the R-1 District and the
Shoreland Overlay District identified as 14488 Shady Beach Trail.
B. Case #96-107 Public Hearing to consider an amendment to the Zoning Ordinance
relating to the treatment of communications antenna and equipment shelters.
5. Old Business:
6. New Business:
A. Zoning Ordinance Work Elements.
Announcements and Correspondence:
A. Proposals for Planning Commissioners and Bylaw changes.
B. Suburban telecommunication.
8. Adjournment:
16200 F_a~l~5~k Ave. S.E., Prior Lake. Minnesota ~72-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION MINUTES
NOVEMBER 25, 1996
1. Call to Order:
The November 25, 1996, Planning Commission meeting was called to order by Chairman
Criego at 7:00 p.m. Those present were Commissioners Criego, Kuykendall, Stamson,
Vonhof and Wuellner, Director of Planning Don Rye, Planning Coordinator Jane Kansier,
Planner Jenni Tovar, Acting Engineer John Wingard and Recording Secretary Connie
Carlson.
2. Roll Call:
Stamson Present
Kuykendall Present
Vonhof Present
Wuellner Present
Criego Present
3. Approval of Minutes:
MOTION BY WUELLNER, SECONDED BY VONHOF, TO APPROVE THE OCTOBER 28,
1996, MINUTES AS SUBMITTED.
Vote taken signified ayes by Wuellner, Vonhof, Kuykendall, Criego and Stamson.
MINUTES APPROVED.
MOTION BY WUELLNER, SECONDED BY VONHOF, TO APPROVE THE OCTOBER 29,
1996, MINUTES AS SUBMITTED.
Vote taken signified ayes by Wuellner, Vonhof, Kuykendall, Criego and Stamson.
MINUTES APPROVED.
MOTION BY WUELLNER, SECONDED BY STAMSON, TO APPROVE THE NOVEMBER
12, 1996, MINUTES AS SUBMITTED.
Vote taken signified ayes by Wuellner and Stamson. MINUTES APPROVED.
Commissioners Vonhof, Criego and Kuykendall were not present at the meeting and
abstained from voting.
4. Public Hearings:
A. Case #96-114 Variance request from Northern Classic Homes requesting a
variance to permit a 22 foot setback from the Ordinary High Water Level (OHWL)
of Prior Lake instead of the required 75 feet; a variance to permit impervious
MN112596.DOC PAGE 1
surface lot coverage of 37.8% rather than the maximum 30% impervious lot
coverage allowed; for the construction of a single family dwelling on property
located in the R-1 District and the Shoreland Overlay District identified as 14488
Shady Beach Trail.
Planner Jenni Tovar, presented the information from the staff report dated November 25, 1996.
The proposed dwelling has a 22-foot setback from the Ordinary High Water Level
(OHWL) of 904 instead of the required 75 feet. The applicants are requesting a variance
of 53 feet to the required setback. Based on the survey submitted by the applicant, the
impervious surface of the lot, with the proposed dwelling and driveway, is 37.8 percent,
which is greater than the maximum impervious surface of 30 percent allowed in the
Shoreland District. A variance of 7.8 percent of impervious surface is being requested.
The staff concluded the size and physical characteristics of the lot are a hardship outside
of the applicants' control. In addition, there are no legal alternatives for the location of
the proposed dwelling. However, the variance to impervious surface could be eliminated
if the applicant makes the changes as recommend in the staff report.
Staff recommended denial of the variance request to impervious surface, and approval of
a 35 foot variance from the OHWL, permitting the setback to be 40 feet instead of the 75
feet required. Staff also recommended granting a front yard setback variance of 10 feet,
making the structure setback 15 feet from Shady Beach Trail instead of the required 25
feet. This was a compromise of setback variances.
The DNR sent a written response recommending denial of the variances as proposed.
Comments from the public:
Scott Perkins, of Northern Classic Homes, 3251 Butternut Circle, said they can work out
staff's recommendations. He feels it is squeezing it pretty tight at 30% but the
impervious surface issue can be eliminated. The applicants would like a 3 car garage
which will help store equipment.
John Mayerle, stated his mother owns the adjacent property at 14492 Shady Beach Trail,
and spoke on her behalf. His aunt owned the subject property. His main concern is the
lake setback. The lake has become increasingly dirty because of the runoff. It is critical
to have as much filter as possible. A 40 foot setback is more reasonable. He has a
problem visualizing the homes in the area and this home would be set too close to the
lake. Another issue is with a home built so close to the beach, it will cut off the lake sight
line. Mr. Mayerle would like to see as much grass filter as possible.
Randy Miller, of 14448 Shady Beach Trail, stated his concern for the lake setback. He
would like to see the setback variance go to 40 feet. Does not like to see the tightness
between the homes with the side yard setback.
MN I 12596.DOC PAGE 2
Comments from the Commissioners:
Vonhof:
· Questioned the lake setback averaging.
· Agreed with the staff report with regard to the impervious surface. It is adequate at 30%.
· Staff recommendation utilizing the setbacks would give an adequate building envelope.
· Concern for driveway - too short.
· Supports - based on hardship criteria.
Kuykendall:
· Concern for 15' driveway. Favor an 18' driveway.
· Support the setbacks as suggested by staff.
· Hold impervious surface at 30%.
· Driveway is encroaching on property line.
Stamson:
· Concurs with Commissioners.
· Hold at 30% impervious surface
· Agreed staff's setback recommendations.
· Good trade off given the constraints with the lake.
Wuellner:
· The property owner has right to reasonable use to his property.
· It is a substandard lot but it is clear the design choice was made by the applicant.
· The hardship is the design of the house. There are many other alternatives.
· Will not support any variances.
Criego:
· Concern for the short driveway of 15 feet.
· Mr. Perkins explained the 15 foot driveway and the problems created by Shady Beach Trail.
· There are 3 homes located after the property to a dead end road.
· Agreed with recommendations by staff. There is plenty of room for cars. The street is never
going to be enlarged.
· Feels strongly about the 30% impervious surface, the lake setback and side yard setback.
Open discussion:
· Kuykendall questioned Mr. Mayerle on his aunt's property. Mr. Mayerle understands the
property and structure and felt it was reasonable to have a home built, but within limits.
· Vonhof feels a driveway setback is still important. Once the structure is in it cannot be
moved back. Only suggestion would be is to change the 15 foot to a 20 foot driveway.
· Stamson suggested to redesign the house and come back. A variance will have to be granted
to build the house. It is still an adequate building envelope.
MN112596.DOC PAGE3
Wuellner feels there are numerous alternate designs. The only variance would be a lake
front setback.
· Kuykendall suggested to table the redesign the home.
Mr. Perkins said he is sensitive to the neighbors' concerns. The hardest thing is to design is not
knowing what the perimeters are. With cost of the lake property it is hard to satisfy the public.
He has no qualms about redesigning but has considered these alternatives already. Would like
more direction.
Criego recommended a 10 foot setback on either side of the property.
Rye explained the Commission cannot take away an ordinance giving a 5 foot variance on the
side yard.
MOTION BY VONHOF, SECOND BY KUYKENDALL, APPROVING RESOLUTION 96-
36PC A 5 FOOT VARIANCE TO PERMIT A 20 FOOT SETBACK FROM THE
SHADY BEACH TRAIL INSTEAD OF THE REQUIRED 25 FEET AND A 35 FOOT
VARIANCE TO PERMIT A 40 FOOT SETBACK FROM THE OHWL (904 EL.)
RATHER THAN THE 75 FEET REQUIRED FOR A PROPOSED SINGLE FAMILY
DWELLING.
Vote taken signified ayes by Vonhof, Kuykendall, Stamson and Criego. Nay by Wuellner.
Motion carried.
B. Case #96-107 Public Hearing to consider an amendment to the Zoning
Ordinance relating to the treatment of communications antenna and equipment
shelters.
The hearing was open to the public at 7:46 p.m.. There was no attendance by the public.
Planning Coordinator, Jane Kansier, presented the Planning Report dated November 12,
1996.
The hearing is to consider an amendment to the Zoning Ordinance as it relates to the treatment of
communications antennas and support buildings. The amendment has several parts. First, the
existing definition of Essential Services is broadened to include telecommunications as a utility.
Secondly, a definition of "Equipment Shelters" is proposed. Finally, the amendment addresses
the standards for the construction of equipment shelters.
The telecommunications industry is expanding rapidly, and several companies have approached
the City with requests to utilize existing water tower sites for the antennae and other equipment
needed to provide this service. The City of Prior Lake currently has two such lease agreements,
with antennae on the Prior South water tower and on the water tower located at Crest Avenue
and CSAH 42. The City Council recently adopted a standardized water tower antennae
agreement to address the requests for use of the water tower. However, a recent review of the
MNI 12596.DOC PAG!e 4
Zoning Ordinance indicated no provision allowing the equipment shelters often associated with
the antennae. The purpose of the proposed amendment is to address the equipment shelters.
Staff recommended approval of the amendments as proposed.
There were no comments from the public.
Comments from the CommisSioners:
The commissioners questioned land ownership and lease fees ($12,500.00). They also
expressed concern for appearance of the building and fitting into the neighborhood. It
should not stand out by design.
Stamson:
· Rye explained essential services and what the city is going to do is clearly
differentiate between the uses. Typically the essential service itself is permitted but
something like a pump house or substation may be limited by conditional use or by
district. It can still be limited.
· Support the idea of re-writing essential service.
· Equipment shelters make sense.
· Does not agree with the 5% area. Limit size to 4 structures per area.
· Rye explained the Telecommunications Act. The city has to tailor this ordinance
where businesses cannot be obstructed. The city could require more than one
company locate equipment in one of these buildings. Staff put this together as a stop
gap with what is facing the city now. Basically the city wants something in place.
Wingard said US West would like to come in.
Wuellner:
· Suggest the City build our own towers and lease the space.
· Supported staff recommendation.
Vonhof.'
· Concurs.
· Change (C) (2) Under "EQUIPMENT SHELTERS" to state something to the affect
"Structures should be architecturally compatible with the surrounding area and
approved by staff", rather than trying to design these structures.
Kuykendall:
· Questioned whether microwaves be included as well as fiber optic. Kansier explained
the city has addressed part of that issue.
· Screening should be looked at.
Criego:
· Agreed with Vonhofs comments.
MN112596DOC PAGE 5
Kansier said staff can make those changes regarding the structures being maintenance
free and vandal free.
MOTION BY VONHOF, SECOND BY WUELLNER, TO AMEND THE ZONING
ORDINANCE AMENDING SECTION 5-1-7, 5-3-1 AND 5-5-2 OF THE PRIOR LAKE
CITY CODE AND AMENDING SECTIONS 8.1, 3.1 AND 6.2 OF THE PRIOR LAKE
ZONING ORDINANCE. ADDITIONAL LANGUAGE AS DESCRIBED BY STAFF
IN THE HEARING TO THE (C) (2) EQUIPMENT SHELTER SECTION.
Vote taken signified ayes by Vonhof, Wuellner, Criego, Kuykendall and Stamson.
Motion carried.
The public hearing closed at 8:07 p.m.
5. Old Business: None
6. New Business: None
A. Zoning Ordinance Work Elements
Don Rye reviewed the updated Land Use handout which included permitted uses,
permitted uses with conditions, conditional uses and accessory uses. He also pointed out
serious work needs to be done on the PUD section.
7. Announcements and Correspondence:
A. Proposals for Planning Commissioners and Bylaw changes.
Discussion included:
· Suggested a 6:30 starting time.
· 18 month tenure for chair.
· The internship of new Commissioners.
· Alternate Commissioners.
B. Suburban telecommunication.
· Discussion on the following:
· Newspaper article for general information.
· Clearing County Road 21.
· Update on Eagle Creek Assisted Living project.
MN112596.DOC PAGE6
8. Adjournment:
MOTION BY WUELLNER, SECOND BY KUYKENDALL, TO ADJOURN THE
MEETING.
The meeting was adjourned at 8:36 p.m.
Donald Rye Connie Carlson
Director of Planning Recording Secretary
MN I 12596.DOC PAGE 7