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HomeMy WebLinkAbout060294REGULAR PLANNING COMMISSION AGENDA Thursday, June 2, 1994 7:00 p.m. 7:00 p.m. 7:20 p.m. 7:40 p.m. Call meeting to order. a) Review minutes of previous meeting. VARIANCE - Consider application for Integrity Development Inc. VARIANCE - Consider application for Marry Hanson CONDITIONAL USE AND VARIANCES Consider application for Eagle Creek Properties Other Business a) Receive Council adopted Bylaws. (Frank Boyles will adrh'ess the Planning Commission on June 16th). b) Review 2010 Comprehensive Plan process/timeline 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. A60294 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION June 2,1994 The June 2, 1994, the Planning Commission Meeting was called to order by Chairman Amold at 7:25 PaM. Those present were Commissioners Arnold, Roseth, and Kuykendall, Director of Planning Horst Graser, Associate Planner Gina Mitchell, and Acting Secretary Dee Birch. Commissioner Loftus arrived during the discussion of Item 1. REVIEW ~ OF PREVIOUS ~G MOTION BY ROSETH, SECOND BY KUYKENDAI I J, TO APPROVE THE MINUTF_S AS WRITIEN. Vote taken signified ayes by Arnold, Roseth, Kuykendall, MOTION CARRIED. ITEM I -VARIANCE - CONSIDER APPLICATION FOR INTEGRrrY DEVELOPMENT.. INC. - JIM HAI,EK Yah Halek, representative of Integrity Development, Inc., stated that he is proposing to build a home at 15311 Breezy Point Road NE, and is requesting 4 variances. He explained changes in the variance request from the initial submittal, resulting in a 41' lakeshore variance from the 75' lakeshore setback requirement (on the north side of the property), a 24' lakeshore variance from the 75' lakeshore setback requirement, a 5' front yard variance from the 25' front yard setback requirement, and a .4% impervious surface variance from the 30% impervious surface maximum. Associate City Planner, Gina Mitchell, presented the information as per planning report dated June 2, 1994. The subject site was part of an administrative land division which was approved with a lot area variance in December of 1991. The amended variance requests are comistent with previous actions of the Planning Commission for lakeshore lots in the subdivision of Breezy Point, observe the character of the area, and if all required setbacks were applied, the lot would be unbuildable. Cy Schweich, 15305 Breezy Point Road NFo Lot 16, expressed concem about loss of trees and would have liked to have seen the location of the trees indicated on the survey. Doug Thielbar, 15329 Breezy Point Road, Lots 12 & 13, expressed concem that construction equipment will cause damage to two mature trees on his property, located approximately 4' from the comnxm property line. Ma: Thielbar questioned whether there is any guarantee that his trees will not be damaged. Planner Graser stated that this is a civil matter and not one for the Planning Department to become involved with. Commissioner Roseth complimented the developer and neighbors for meeting together to settle their differences before this meeting and requested that hardwood trees of significant size be replaced. Mc Halek stated that he planned to replace any significant removed trees with pine trees and will be sensitive to the tree issue within the confines of the building envelope. PLANNING COMMISSION June 3, 1993 Page 1 MOTION BY LOFIUS, SECONDED BY ROSETH, TO APPROVE THE FOLLOWING VARIANCES FOR 15311 BRgle-zY POINT ROAD NE AS I JSTED: 1. 41' LAKESHORE VARIANCE FROM THE 75' LAKF3HORE SETBACK REQ~ (ON THE NOKrH SIDE OFTHE PROPERrY) 2. 24' LAKESHORE VARIANCE FROM THE 75' LAKESHORE SETBAC~ REQUIREMENT (ON THE SoLrrH SIDE OF THE PROPEKrY) 3. 5' FRONT YARD VARIANCE FROMTHE 25' FRONT YARD SErBACKREQUIREMENT 4. .4% IMPERVIOUS SURFACE VARIANCE FROM THE 30% IMPERVIOUS SURFACE RATIONAL BEING THAT IF AI I~ SETBACKS WE~ APPIJF73 TO THE LOT IT WOULD BE UNBUII.DABLE, SIMB.AR VARIANCES HAVE BE-~q GRANTED IN THE ~ AND HARBSHIP IS NOT CAUSED BY ACTIONS OF THE APPLICANT, WITH THE CONDITION THAT .AI I~ HARDWOOD TRh'FS REMOVED BE REPLACED BY 2" CA~ IPER OR GREATER TRF~. Votes taken signified ayes by Arnold, Loflus, Kuykendall and Roseth. MOTION CARRIED. ITEM HI - VARIANCE - MARTY HANSON Mart5, Hanson, 3068 170th Street SW, addressed the Commission regarding his request for a 14' x 24'deck, and discussed what he believed to be a discrepancy in the distance of the proposed deck addition to the centerline of County Road 12 that was represen~ on the survey. Associate City Planner, Gina Mitchell, presented the information as per planning retxat dated June 2, 1994. The request is for a 40.5' County Road 12 setback variance fi'om the 85' County Road setback requirement. The subject site is a substandard lot and was platted under the jurisdiction of Spring Lake Township. The majority of the construction that has occurred in this area was done before the 85' county road setback requirement was incorporated into the Zoning Ordinance in 1989, resulting in many structures encroaching that setback requirement. Ms. Mitchell stated that staff recomnnads a reduction in the variance request from 40.5' to 36', which would result in a 10' x 24' deck. The property would maintain a 25' front yard, consistent with other properties in the R-1, Suburban Residential Zone. Conmmts from Brad Larson, Scott County I-rsghway Department were that this proposal is consistent with other properties in the area, and that futme upgrading of County Road 12 should not be affected by this proposal. Commmts from the Commissioners were; regarding the setback, future right-of-way acquisition, and that if the applicant could prove (by a registered surveyor) that the distance from County Road 12 is greater than what was represented on the present survey, the applicant may still be able to have a 14' x 24' deck with a 36.5' variance. MOTION BY LOFrUS, SECONDED BY KUYKEND^I I ~ TO APPROVE A 36.5' COUNTY ROAD SETBACK VARIANCE FROM THE 85' COUNTY ROAD 12 SETBACK REQUIREMENT. RATIONAL BEING THAT THE SITE WAS PLATIED BY A PREVIOUS GOVERNMENT, THE REQUEST IS CONSISTENT WITH THE DEVELOP~ PATrERN IN THE AREA, AND IS NOT DErRIMENrAL TO THE GENERAL HEALTH, SAFEIT, AND WF/.[*ARE OF THE COMMUNITY Votes taken signified by ayes by Arnold, Loflus, Kuykendall and Roseth. MOTION CARRIED. ITEM IV - CONDmONAL USE PERMIT AND VARIANCI~ - EAGI,F, CREEK PROPERTIF-q Jim Sentyrz, 16910 Elm Avenue SW, owner of Wagon Bridge Marina and Eagle Creek Properties addressed the Commission regarding his request for upgrading the non conforming status of the marina to a conditional use within the R-2 district. PLANNING COMMISSION June 3, 1993 Page 2 Planner, Horst Graser, gave a brief background of the marina, discussed the staff analysis on the application, and the following proposed changes in the marina operatiom beyond the current zoning certificate. 2. 3. 4. 5. Add 38 slips Permit operation of a tour boat and para-sailing boats. Operation of restaurant with 3.2 beer license and outdoor seating areas. Fuel service for car, snowlmbiles and other land based vehicles. Unlimited storage of water craft and other related equipment incidental to the operation of a marina Elimination of public launching. The meeting was opened for public discussion and the following persons addressed the Commission: Nan Miller, 3647 Garfield Avenue, Minneapolis, representing the Gminwood West Homeowners Association, discussed deed restrictions contained in a 1977 restricted covenant, a 1989 permit granted by the DNK number of slips, rental of watercraft, tour boats, sale of food and alcoholic beverages, and storage building. Pat Lynch of the DNR stated that they had no objection to the proposal with respect to the number of docks. They will have some concern regarding the impervious surface coverage and future buildings. Christine King - 4070 Wagon Bridge Circle also expressed a concem over the vagueness of the proposal. Bob Paschke, President of Eagle Creek Properties discussed the environmental issues, concerns of the neighbors, and expressed a willingness to negotiate with the neighbors. Rollie Thieling, 4106 Wagon Bridge Circle also expressed similar concerns as voiced by Ms. King and Ms. Miller. Wayne Miller, 4094 Wagon Bridge Circle expressed similar concems as expressed previously by the Grainwood West Association members. Attomey Bryce Huemceller, 16670 Franklin Trail - reminded the Commissioners that a marina is a conditional use in the R-2 district, subject to reasonable conditions. Jim Sentryz stated that he wants to cooperate with the neighbors and Diane Sentryz discussed the need for a service shop. Discussion occurred by the Planning Commissioners and they concurred that a short recess be called. The meeting reconvened at 9:25 p.m. Cornmmts from the Commissioners were; the lack of details and concem about the parking of boat trailers, specifics on services proposed, tour boat plans, type of service building the applicant has in mind, traffic circulation plans, and requested that the applicant provide complete details of their proposal. MorION BY ROSETH SECONDED BY LOFTUS TO CONIINUE THE APPLICATION FOR A CONDmONAL USE PERMIT AND VARIANCES FOR EAGLE CREEK PROPERTIF_$ (WAGON BRIDGE MARINA) TO JUNE 16, 1994, AT 6:00 P.M. Votes taken signified by ayes by Amold, Loftus, Kuykendall and Roseth. MOTION CARRIED MOTION B Y KUYKENDAI l ~,SECONDED B Y LOFFUS TO ADJOURN THE MFEWING. PLANNING COMMISSION June 3,1993 Page 3 Votes taken signified by ayes by Arnold, Loftus, Kuykendall and Roseth. MOTION CARRIED. The meeting adjourned at 10:25 P.M. Tapes of the meeting are on file at City Hall. Horst W. Gmser Director of Planning Dee Birch Aa~ug Recording Secretary PLANNING COMMISSION June 3, 1993 Page 4