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HomeMy WebLinkAbout070794REGULAR PLANNING COMMISSION AGENDA Thursday, July 7, 1994 7:00 p.m. Call meeting to order. a) Review minutes of previous meeting. 7:00 p.m. 1. Review By-Laws - Presentation by Frank Boyles 7:30 p.m. 2. Consider variance application for Chris Anderson, 16020 Eagle Creek Avenue. 8:00 p.m. 3. Continue heating for Eagle Creek Properties, Conditional Use Permit request. 9:00 p.m. Consider variance application for Jen'y Halliday, 16604 Inguadona Beach Circle. 9:30 p.m. 5. Consider variance application for Michael Fischbach, 16244 Lakeside Avenue. 10:00 p.m. o Continue Public Hearings for Knob Hill: Comprehensive Plan Amendment, Rezoning, Subdivision and Variance. Other Business a) b) c) 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. "AG070T' 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 PLANNING COMMISSION MINUFES JULY 7,1994 The July 7, 1994, Planning Commission Meeting was called to order by Chairman Amold at 7:00 P.M. Those present were Commissioners Roseth, Amold, Loftus, Vonhof, Assistant City Planner Deb Gan'oss, Associate Planner Gina Mitchell, and Secretary Rim Schewe. REVIEW MINUTES OF PREVIOUS MEETING Commissioner Loftus stated a correction to paragraph four, line two, to read as follows; "Commissioner Loflus stated that precedent has been set". MOTION BY ROSETH, SECOND BY LOFFUS, TO APPROVE THE MINUTES AS AMENDED. Vote taken signified ayes by Roseth, Loftus, Kuykendall, Amold, and Vonhof. MOTION CARRIED. A recess was called at 7:05 P.M. to await the mxival of City Manager Frank Boyles. The meeting was reconvened at 7:30 P.M. As the City Manager Boyles was not present, Item I was placed at the end of the agenda. At this time Item II was brought before the Commissioners. ITEM II - CHRIS ANDERSON- VARIANCE Chris Anderson, 16020 Eagle Creek Avenue, stated he is requesting a variance in order to add a dining room addition to his residence. The home is very small and the family is growing, so therefore more room is needed. M~: A~xterson said at the same thne he will be raising the house and putting in a full basement which will bring the sU'ucmre into compliance with the Flood Plain Ordinance. Gina Mitchell, Associate Planner, presented the information as per planning report of July 7, 1994. The variance requested is a 6 foot east front yard variance from the 25 foot front ymrt setback requirement. The subject site is a small, substandard lot of record that has no legal building envelope if all the setbacks were applied. The hardship was created by the platting process of a previous goveming body. Comments from the Commissioners were in support of the variance. MOTION BY LOFFUS, SECOND BY VONHOF, TO APPROVE A SIX (6) FOOT FRONT YARD VARIANCE FROM THE TWENTY-FIVE (25) FRONT YARD SETBACK REQUIREMENT FOR 16020 EAGLE CREEK AVENUE. RATIONAL BEING THE HARDSHIP CRITERIA HAS BEEN MET, IT IS CONSISTENT W1TH THE DEVELOPMENT PATIERN OF THE NEIGHBORHOOD, AND WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. Vote taken signified ayes by Loftus, Vonhof, Arnold, Kuykendall, and Roseth. MOTION CARRIED. As City Manager Flank Boyles was present, ItemI was brought back before the Commissioners. PLANNING COMMISSION July 7, 1994 Page 1 ITEM I - FRANK BOYLES- BY-LAWS REVIEW (3ty Manager Boyles summarized the revised By-Laws. The~e is a need to be consistent throughout all the committees. A change for the Planning Commission is the meeting day which will now be the second and fourth Monday of each month at 7:00 P.M. A change in the chah'rnan duties was stated as well as the goals and objectives of all corrunittees. A recess was called at 7:45 P.M. and reconvened at 8:00 RM. at which agenda Item 11I was scheduled. ITEM Ill EAGLE CREEK PROPERTIES .CONDmONAL USE AND VARIANCE~ . CONrFINUATION Deb Garross, Assistant City Planner, presented the information as per planning report of July 7, 1994, and the issues relative to this operation which were outlined in items numbered 1 to 12 in the Staff report. This apphcation has been continued fi.om June 2, and June 16, 1994. A letter from Norbert Traxler voicing an objection to the conditional use was identified. Diane Sentyrz representing Eagle Creek Properties, dba Wagon Bridge Marina, 15862 Eagle Creek Avenue, stated the application is to change the marina from a legal non-conforming zoning status to a conditional use. The City Council and the Planning Commission have already identified the need for the marina to continue to exist on Prior Lake as is evident by Policy 7 of the Comp'ehensive Plan. The marina should be allowed to provide services without undue constraint. The marina is operating under a Zoning Ceaxificate issued in 1981 by the City of Prior Lake. We ate asking no less than what is currently allowed in the existing Zoning Certificate with the addition of 38 boat slips. All other items in the proposed conditional use request ate items that the marina is allowed to do. The reason for requesting a conditional use permit ate as follows: The need to incorporate the requh'ed variances into the conditional use pennit; the removal of the public launch for u'ansiem u'affic; and the addition of 38 boat slips making the total 94, as already approved by DNR. Nan Miller, 3647 Garfield Avenue South, Minneapolis, representing the Gminwood West Townhome Association, asked for clmq. fication on the two maps submitted. Ms. Miller asked that any reference to furore and proposed expansion be removed from the application. The following items are issues of concern; a weight limit on recreational vehicles be included in the definition, hours, tour boat operation, licenses, parking, policing, parasailing, retail sales, storage, special events, noise level, and the shared access. Jim Sentylg, co-owner of Wagon Bridge Marina, stated the marina was in existence before any townho~s were built. The mm'ina is trying to con'ect the traffic problem by eliminating public lam~ching. Rental croft is allowed by the zoning ce~xiflcate. The request is for appropriate vat'iances for the existing building, ptu'king lot, and boat rm~np. The proposed conditional use permit uses the same guidelines as the existing zoning certificate Ms. Garross asked the applicant to delineate the following: 1. Remove the items proposed for future proposals from the site plan. 2. Delineate the actual space on the map of the location of outside storage. 3. Show on the map the number of pm'king spaces and location of the overflow parking area. Diane Sentyrz delineated the above requests on the map. Ms. Sentyrz also stated as a point of infonnation that a survey had been done of the marina property and it showed there is no easement for the King property as was declated by Mr & Mas. King. Corru-nissioner Kuykendall stated parking will regulate itself and the townhome association should only be concerned about shared access issues. PLANNING COMMISSION July 7, 1994 Page 2 The Planning Commission reviewed each provisions of the applicant's proposal. City Attomey Glenn Kessel will review the proposal and submit an amended document for the City Council, outlining the contingencies for approval of the conditional use pennit and variances. MOTION BY ROSETH, SECOND BY K UYKENDAIIJ, TO RECOMMEND THAT THE CITY COUNCIL APPROVE THE CONDITIONAL USE PERMIT AND VARIANCES FOR EAGLE CREEK PROPERTIES, INC., DBA WAGON BRIDGE MARINA AND SERVICE, INC., RATIONAL BASED ON THE AMENDED D~ DATED JULY 7, 1994, AND SITE PLAN EXHIBITS A AND B. Vote taken signified ayes by Roseth, Kuykendall, Arnold, Vonhof, and Loftus. MOTION CARRIED. A recess was called at 9:30 P.M. and the meeting reconvened at 9:35 P.M. ITEM IV - JERRY HALLIDAY. VARIANCE Chairman Amold advised the Comn~sioners that the information submitted by the applicant was incorrect and will be resubmitted to Staff. MOTION BY LOFFUS, SECOND BY KUYKENDAII,, TO CONTINUE THE VARIANCE APPLICATION FOR JERRY HAl I ]DAY, 16604 INGUADONA BEACH CIRCLE, TO JULY 21, 1994, AT 9:30 P.M. Vote signified ayes by Loftus, Kuykendall, Vonhof, Amold, and Roseth. MOTION CARRIED. ITEM V - MICHAEL FISCHBACH - VARIANCE Michael Fischbach, 84 West Duck Pond Drive, West St. Paul, stated he is requesting two variances in order to consu'uct a deck on his lakefront cabin at 16244 Lakeside Avenue. A letter from his adjacent neighbor on Lot 25, Michael and Karen Lorinser, was mad into the record supporting the variance request. Gina Mitchell, Associate Planner presented the information as per planning report of July 7, 1994. The request is for a 13 foot lakeshom variance fi'om the 75 foot lakeshore setback ~vxtuh'ement and a 2 foot east sideyard variance from the 10 foot sideyard setback requirement. The subject site is a small substandard Lot of Record and was planed under a previous governing body. The applicant will construct the deck to save the trees on the lot. The proposed improvements observe the spirit and intent of the Zoning Ordinance and substantial justice would be realized by allowing the owner of the property to use and develop in a mariner consistent with the character of the neighborhood and special needs of lakeshore living. Hardship is caused by the application of current zoning regulations and is not the result of the property owner. Comments fi.om the Commissioners were on house site lines, appreciate effort to save tree, hardship criteria has been met, and all wene in support of the variance. MOTION BY VONHOF, SECOND BY LOFTUS, TO APPROVE A THIRTEEN (13) FOOT LAKESHORE VARIANCE AND A TWO (2) FOOT EAST SIDEYARD VARIANCE REQUIREMENT FOR 16244 LAKF. SIDE AVENUE. RATIONAL BEING THE LOT IS A SUBSTANDARD LOT OF RECORD, HARDSHIP IS CAUSED BY THE CURRENT REGULATIONS OF THE ZONING ORDINANCE AND IT WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WEI FARE OF THE NEIGHBORHOOD. Vote taken signified ayes by Vonhof, Loftus, Roseth, Arnold, and Kuykendall. MOTION CARRIED. A lecess was called at 9:50 P.M. until the scheduled public hem'ing at 10:00 P.M. PLANNING COMMISSION July 7, 1994 Page 3 ITEM VI - PUBLIC HEARING - KNOB HILL: COMPREHENSIVE PLAN AMENDMENT.. REZONING, SUBDIVISION. AND VARIANCE - CONTINUED The Public Hearing was called to order by Chairman Amold at 10:00 P.M. The public was in attendance and a sign-up sheet was ch~culated. Deb Garross, Assistant City Planner, sumrmrized the issues and resolutions. The resolutions and ordinance provided give the necessary information to act upon this application. The developer and Staff have met to address the details that were brought up at the previous meeting. The preliminary plat is consistent with the zoning and subdivision ordinances with the exception of the outlined variances. Wayne Tauer of Pioneer Engineering, spoke on the changes the developer has made to the application as follows: Grading will be done to meet the park dedication plan, as many trees as possible will be saved, two water quality ponds are combined, street lighting plan will be to City standards, putting in turnouts for buses might be more of a traffic hazard for children, trail system for Pike Lake Trail in regard to the topography, and Street P can be adjusted to accommodate the Andren property. Mayor Lee Andren, 4880 Chatonka Beach Trail, stated that she is speaking in her personal capacity and will not participate in any proceedings at the City Council level. Ms. Andren is representing Marian Carpenter Andren, owner of the adjacent pmpo'ty. Mx Anch'en voiced her concerns on the present location of Street P in regard to thek driveway and that they (Andmns) would not remove trees or alter theh' property. An alternate plan was indicated, easement concerns and possible drainage problems associated with the plat. Co~rnnents fi'om the Commissione~,~ were on: Pike Lake Trail, standards for sidewalks should be developed, retaining walls, resolve easement issues, should medium density zoning be replaced, def'mition of collector street explained, tumarounds on short streets, NURP pond design, street lighting plan, and road alignment. MOTION BY ROSETH, SECOND BY KUYKENDAI l., TO RECOMMEND TO THE CITY COUNCIL THE APPROVAL OF RESOLUTION 94-02PC FOR AN AMENDMENT TO THE LAND USE PLAN MAP OF THE YEAR 2000 COMIhREHENSIVE PLAN. RATIONAl JE BEING THE MEDIUM DENSITY RESIDENTIAL LAND USE DESIGNATION IS NO LONGER NEEDED TO PROVIDE A BUFFER AREA DUE TO THE FACT THAT THE INDUSTRIAL DESIGNATED LAND HAS BEEN REDUCED FROM ABOUT 280 ACRES TO 45 ACRES AND THE ADJACENT LAND USES HAVE BEEN REDESIGNATED TO LOW DENS1TY RESIDENTIAL AND OPEN SPACES. Vote taken signified ayes by Roseth, Kuykendall, Amold, Loftus, and Vonhof. MOTION CARRIED. A clh'ective was given to Staff to review whether there is a need to replace the medium density acreage witlfin the 2010 Land Use Plan and to review the remaining 45 acres of medium density land to the north of the subject site. MOTION BY VONHOF, SECOND BY LOFFUS, TO RECOMMEND THAT THE CITY COUNCIL APPROVE RESOLUTION 94-03PC FOR AN AMENDMENT TO THE TRANSPORTATION CHAPTER OF THE YEAR 2000 COMPREHENSIVE PLAN. RATIONAI.E BEING PIKE LAKE TRAIL MEETS THE DEFINITION, SPACING GUIDELINES LOCATION, AND TRAb-FIC VOLUME TO BE DESIGNATED AS A COLLECIOR STREET WITHIN THE TRANSPORTATION PLAN. Vote taken signified ayes by Vonhof, Loftus, Amold, Kuykendall, and Roseth. MOTION CARRIED. MOTION BY ROSETH, SECOND BY LOFTUS, TO CLOSE THE PUBLIC HEARING FOR THE COMPREHENSIVE PLAN AMENDMENTS. PLANNING COMMISSION July 7, 1994 Page 4 Vote taken signified ayes by Roseth, Loftus, Amold, Vonhof, and Kuykendall. M(JFION CARRIED. Public Heating closed at 11:10 P.M. MOTION BY LOFILIS, SECOND BY ROSETH, TO RECOMMEND TO CITY COUNCIL THE APPROVAL OF ORDINANCE 94-11 AMENDING PRIOR LAKE CITY CODE SEC-WiON 5-2-1 AND PRIOR LAKE ZONING ORDINANCE NO. 83-6 SECTION 2.1. THE PROPOSED RbTONING TO CHANGE THE C-1 TO R-1 ZONING DISTRICT WILL BRING THE ZONING MAP INTO CONSISTENCY W1TH THE COMFP, EHENSIVE LAND USE PLAN, FOR THE SUBJECT SITE AND IS THEREFORE IS APPROPRIATE. THE AREAS INDICATED AS NATURAL OPEN SPACE ONTHE LAND USE MAP ARE THE WETLAND AREAS WHICH WILL BE PROTECTED VIA IMPLEMENTATION OF THE WETLAND CONSERVATION ACT. Vote taken signified ayes by Loftus, Roseth, Amold, Vonhof, and Kuykendall. MOTION CARRIED. MOTION BY LOFTUS, SECOND B Y VONHOF, TO CLOSE THE RF_ZO~G PUBLIC HEARING. Vote taken signified ayes by Loftus, Vonhof, Amold, Roseth, and Kuykendall. MOTION CARRIED. Public Heating closed at 11:13 P.M. After confen-ing with Lee Andren, Lan'y Anderson indicated that a possible solution with the Andren pmpe~ h~ regard to Street P can be worked out. MOTION BY ROSETH, SECOND BY VONHOF, TO RECOMMEND THAT THE CITY COUNCIL APPROVE AMENDED RESOLUTION 94-04PC FOR THE VARIANCES AND PREI JMINARY PLAT OF KNOB HILL. THE AMENDMENT IS TO INCLUDE THE FINDINGS OF THE STAFF MEMO OF JULY 7, 1994. Vote taken signified ayes Roseth, Vonhof, Amold, Kuykendall, and Lofms. MOTION CARRIED. MOTION BY KUYKENDAt I., SECOND BY VONHOF, TO CLOSE THE PUBLIC HEARING ON THE VARIANCE AND PRELIMINARY PLAT OF KNOB HILL. Vote taken signified ayes by Kuykendall, Vonhof, Roseth, Arnold, and Loftus. MOTION CARRIED. The Public Hearing closed at 11:39 EM. MOTION BY LOFTUS, SECOND BY KUYKENDAI l., TO ADJOURN THE MEETING. Vote taken sigzfified ayes by Loftus, Kuykendall, Roseth, Vonhof and Amold. MOTION CARRIED. The meeting adjourned at 11:40 P.M. Tapes of the meeting are on file at City Hall. Horst W. Graser Director of Planning Rita M. Schewe Recording Seoetary PLANNING COMMISSION July 7, 1994 Page 5