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HomeMy WebLinkAbout032795REGULAR PLANNING COMMISSION AGENDA Monday, March 27, 1995 7:00 p.m. Call meeting to order. Note: Due to the change in computer systems and absence of Connie Carlson, the minutes of the 3-13-95 Planning Commission meeting will be available at the next meeting scheduled for April 10, 1995. 7:00 p.m. 7:20 p.m. Consider variance application for Ken and Deb Scherer. Consider variance application for New Horizon Day Care. Other Business a) See attached APA Report "Planning For an Aging Society." This information is forwarded to Commissioners as an FYI. All times stated on the Planning Commission Agenda, with the exception of Public Hearings, are approximate and may start a few minutes earlier or later than the scheduled time. 'AG0327' 16200 Eagle Creek Ave., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION MINUTES MARCH 27, 1995 The March 27, 1995, Planning Commission Meeting was called to order by Chairman Vonhof at 7:00 p.m. Those present were Commissioners Amold, Kuykendall and Vonhof, Planning Director Don Rye, Assistant City Planner Deb Garross and Secretary Connie Carlson. MINUTES OF THE MARCH 13, 1995 MEEFING WILL BE AVAILABLE AT THE APRIL 10, 1995 ~G. ITEM I - gi~ SCBERER VARIANCE APPLICATION: Ken Scherer, 16910 Lime Road SW, requested variances to construct an attached garage with 4 rooms above. Louie Stassen will be the contractor. Assistant Planner Deb Garross, presented the Planning Report dated March 27, 1995 with the following information: The proposal is to construct a 24 x 24' double car, attached garage on the westerly side of the existing single family home. In order to construct the garage as proposed the applicant requested the following variances: 8' front yard variance from the southerly from yard property line to allow a 17' setback instead of the required 25' front yard setback. 2. 1' northerly side yard variance to allow a 9' setback instead of the required 10' side yard setback. The subject site is a comer lot requiring 25' from yard setbacks from the property lines adjacent to Lime Road and Center Street. The northerly and westerly property lines are considered to be side yards. The lot was subdivided under the jurisdiction of Scott County in the early 1900's. The City of Prior Lake granted a 5' north side yard and 4' south front yard variance in 1979 and a subsequent building permit for the existing single family home. Variances granted before 1985 do not have an expiration date. The applicant could construct a detached garage or attached garage utilizing the variances granted in 1979. However, it is the desire of the applicant to construct an attached garage and maintain an existing window. The applicant proposes to construct the 24 x 24' attached garage as indicated on the attached survey. The proposed garage is off set 4' from the rear of the home in order to avoid blocking 1 of only 2 windows on the westerly side of the home. Staff recommended approval of the variances requested subject to two conditions; removal of the existing shed and the existing driveway be sodded prior to the grant of final occupancy permit. PLANNING COMMISSION March 27, 1995 Page 1 | ~ There were no comrrents from the audience. Comments from Commissioners included: garage is important and moving it to the side under staff's conditions is acceptable; the property is on a comer of a dead end street and there would not be a lot of traffic; removal of the shed would improve the appearance of the property; and criteria meets the hardship standards. MOTION BY ARNOLD, SECOND BY K UYKENDAII. TO APPROVE THE TWO REQUITED VARIANCES: A 17 FOOT SOUTHERLY FRONT YARD SETBACK INSTEAD OF THE REQUIRED 25 FOOT FRONT YARD SETBACK REQUIREMENT THE SECOND VARIANCE BEING A 9 FOOT NORTHERLY SIDE YARD SETBACK INSTEAD OF THE REQUIRED 10 FOOT SIDE YARD SETBACK REQUIREMENT SUBJECT TO THE TWO FOLLOWING CONDITIONS: 1) REMOVAL OF THE EXISTING SHED; 2) THE EXISTING DRIVEWAY BE SODDED PRIOR TO GRANTING THE This Motion will be supported by a Finding that the four variance hardships standards have been met with regard to this Motion. A roll call by Commissioner Vonhof was done at this time. ARNOLD PRESENT KUYKENDAI l J PRESENT LOFFUS ROSETH VONHOF PRESENT Votes taken signified ayes by Amold, Kuykendall and Loftus. MOTION CARRIED. Planning Director Don Rye gave the Commissioners an update on the last City Council meeting regarding a proposed financial penalty on a consultant for nonperformance. At this time the consultant has stopped work until the matter is resolved. This will impact the time line for the Comprehensive Plan. ITEM II - NEW HORIZON D AY CARE CENTER VARIANCE/FEN~ IN FRONT YARD Janis Blumentals, architect for the project, presented the information for the variance. Planning Director Don Rye, presented the Planning Report dated March 27, 1995 with the following information: The applicant is seeking to establish a day care facility in the existing North Lake Office Center at the intersection of Commerce Avenue and Highway 13. The property is cmrently zoned B- 1 Limited Business. The day care is a permitted land use in the B-1 District however, the play area for the day care is proposed to be located in the front yard and it is necessary that the play area be fenced for security reasons. Fences are not permitted in the front or side yards in the Limited Business District. Establishment of the play area will eliminate 16 parking stalls however, it does reduce the parking requirement for the building. Currently the Ordinance requires 95 parking stalls for 100% office use of the site. There are 113 stalls provided. In the applicant's proposal, the parking requirement for office use of the remaining floor area drops to 72 and the Ordinance does not provide a specific parking requirement for day care facilities. Applying standards utilized in other communities would require approximately 20 stalls for day care for a total imputed parking requirement of 92 stalls. There will be 96 parking stalls available under this request. Staff believes that the parking is adequate in that regard. The applicants also propose an Alpine currant hedge between the proposed fence and Comn~ce Avenue. PLANNING COMMISSION March 27, 1995 Page 2 Staff believes the criteria for hardship has been met and recommends approval of the variance requested based on the site plan. There were no comn-ents from the audience. Cornments from the Commissioners included: conversation with Mr Blumentals as to why wire (cyclone) fencing was a better choice over wood; plastic coating on fence; safety from climbing; splinters from wood fence; low maintenance; landscaping in front and on the north side of building; safety for children along Highway 13; encourage parents to exit on County Road 42 for safety; access gates to the north are for emergency or equipment only; cluster parking stalls; traffic safety for children entering the building; suggestion to keep tratTlC going one way; this location is a gateway into the community and would like New Horizons to consider landscaping to the north; Over all support to request. Sharon Burch, Director of Support Services for New Horizon Child Care Centers, stated when the center is full there could be as many as 96 parents but they would come at different times, with some as early as 6:00 a.m. and as late as 9:30 a.m. It would not be a big rash at one time. MOTION BY KUYKENDAI l., SECOND BY ARNOLD TO PERMIT A FENCE IN THE FRONT YARD SUBJECT TO THE CONDITION THE FENCE BE LOCATED IN ACCORDANCE WlTH EXHIBIT A SITE PLAN ATTACHED TO AND MADE A PART OF THE APPROVAL OF THIS VARIANCE. RECOGNIZING THE FOUR HARDSHIP CRITERIA HAVE BEF. N SATISFIED AS STATED INTO THE RECORD BY PLANNING DIRECTOR RYE. Discussion: The day care is a permitted land use in the district, the fence is the subject of the request. Votes taken signified ayes by Kuykendall, Amold and Vonhof. MOTION PASSES. ITEMIH- OTHi~ BUSINESS: a) APA REPORT (Planning for an Aging Society). Discussion included: APA is a national organization and a great resource; reference to page 45, second paragraph, "Communities need to consider ways to make pedestrian travel more attractive and practical, as well as safer. An adequate pedestrian system would have, at a minimum: continuous sidewalks throughout the commtmity, including along major roads, for access to buses and services..."; concern for City Council to become more learned on the needs of our community and the trends in the United States in terms of the elderly population; providing a mix of land uses so there are destinations where people can walk to in neighborhood cotmmmials districts and tying all those land uses together for transportation of pedestrian and motor vehicles. There was further discussion on state statutes for public safety and planning issues being broad to allow communities the leeway to make decisions in which way they want to direct themselves. The Planning Commission would like to get into the neighborhoods and get feedback on different issues. Possibly a one page survey could be sent out. Previous applicants who came before the Planning Commission could be a target group. Commissioner Kuykendall suggested a gateway sign into the City and enhancing our street signs. We could have a sign contest to create public interest or form a task group. This could be coordinated with other organizations. Gateway signage is an important visibilty to the City. The Planning Commission should have some interest in this and get results. MOTION BY ARNOLD, SECOND BY KUYKENDAI I .~ TO ADJOURN THE MEErFING. PLANNING COMMISSION March 27, 1995 Page 3 Vote taken signified ayes by Amold, Kuykendall and Vonhof. MOTION CARRIED. The meeting adjoumed at 8:23 p.m. Tapes of the meeting are on fde at City Hall. Donald Rye Connie Carlson Director of Planning Recording Secretary M32795 PLANNING COMMISSION March 27, 1995 Page 4