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HomeMy WebLinkAbout072194REGULAR PLANNING COMMISSION AGENDA Thursday, July 21, 1994 7:00 p.m. Call meeting to order. a) Review minutes of previous meeting. 7:00 p.m. 1. VARIANCE Consider request for Island View 5th Addition-Home Owners Association 7:20 p.m. 2. VARIANCE - Consider request for Greg Engebos 8:00 p.m. 3. PUBLIC HEARING - Consider the Preliminary Plat of "The Villas at the Wilds" 8:30 p.m. 4. PUBLIC HEARING - Consider the Preliminary Plat and Variance of "Sterling South of the Wilds" 9:30 p.m. 5. VARIANCE - Consider request for Jerry Halliday 9:45 p.m. 6. VARIANCE - Consider request for Timothy Collins Other Business a) Consider Modification b) c) District No. 2 - Manager of Municipal Development Bonnie Carlson, Assistant City 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. A72194 4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PLANNING COMMISSION MINUFES JULY 21,1994 The July 21, 1994, Planning Commission Meeting was called to order by Chairman Amold at 7:00 P.M. Those present were Commissionea's Roseth, Amold, Loftus, Vonhof, Kuykendall, Director of Planning Horst Graser, Associate Planner Gina Mitchell, and Secretary Rim Schewe. REVIEW MINUTES OF PREVIOUS MEETING MOTION B Y V ONHOF, SECOND B Y ROSETH, TO APPROVE THE MINUTES AS WR1TFEN. Vote taken signified ayes by Vonhof, Roseth, Kuykendall, Loftus, and Amold. MOTION CARRIED. ITEM I - HOMEOWNERS ASSOCIATION ISLAND VIEWSTH ADDmON- VARIANCE Chairman Arnold passed the gavel to Commissioner Roseth and withdiew from the discussion as he is a member of the Association. Dave Vinlove, 15738 Island View Road, Vice President of the Island View 5th Addition Homeowners Association, stated the members of the Association wish to consu'uct a shelter on Outlot A of Island View 5th Addition. They have designed the structure to allow various types of recrmtion in the open space andto allow access to the lakeshore on both sides. Gina Mitchell, Associate Plamaer, presented the information as per memo of July 21, 1994. The variances being ~eques~l me: a 45 foot lakeshore variance on the west side and a 33 foot lakeshore variance on the east side from the 75 foot lakeshore setback requh'ement. When this site was platted in 1987 a conditional use permit was granted to permit docks and open land recreation uses, and a pavilion would be consistent within the intent of the Conditional Use Permit. The Flood Plain Ordinance does allow consU'uction of platforms within the flood plain, so the floor of the pavilion can be below 909.3. In the past, the Planning Commission has not gn:anted vm-iances over 50%. Staff recornn~n~ an alternative plan which would be consistent with the 50% policy, that being a 32.5 foot and a 25 foot lakeshore setback vm'iances. If the required 75 foot lakeshore setbacks are applied, the site would be unbuildable. Dave Vinlove stated that the Association would not want to cause any problems in changing setbacks or set a negative precedent and would agree to Staffs alternate plan. Comn~nts from the Commissionem were; unusual situation, furore expansion plans, pm-king, elecu'icity, slope of roof, slab consu'uction, mad were not in favor of DNR's recordation. MOTION BY LOFFUS, SECOND BY VONHOF, TO APPROVE THE VARIANCES AS AMENDED BY STAFF AS FOLLOWS: A 37.5 FOOT LAKESHORE VARIANCE FROM THE 75' LAKESHORE S ETBA~ REQUIREMENT ON THE WEST SIDE (CHANNEL SIDE) AND A 25 FOOT LAKESHORE VARIANCE FROM THE 75 FOOT LAKESHORE SETBACK REQUIREMENT ON THE EAST SIDE (CRYSTAL BAY SIDE), TO CONSTRUCT A PAVILION ON OUTLOT A, ISLAND VIEW FIFI'H PLANNING COMMISSION July 21, 1994 Page 1 ADDITION. RATIONAL BEING IT IS CONSISTENT WITH THE CONDITIONAL USE PERMIT GRANTED TO THE SITE, WOULD NOT EXCEED THE 50% POLICY, AND WOULD NOT BE DETRIMENFAL TO THE HEALTH AND ~ ,FARE OF THE COMMUNITY. Vote taken signified ayes by Loftus, Vonhof, Roseth, and Kuykendall, Commissioner Arnold abstained. MOTION CARRIED. Comrrfissioner Vonhof dh'ected Staff to investigate the possibility of including picnic pavilions as a permitted use in a R-1 Zone andif other uses are appropriate. At this point the gavel was retumed to Chairman Arnold. ITEM II - GREG ENGEBOS - VARIANCE Greg Engebos, 4931 Beach Street, stated that when he was before the Council to appeal his denial of the three (3) foot north side yard variance, it was noted he needed a lot area variance for 14588 Glendale Avenue, as the lot is less than 10,000 square feet. He is now requesting that variance. Gina Mitchell, Associate Plannen presented the information as per planning report of July 21, 1994. The Planning Commission acted on a request on June 16, 1994, granting a five (5) foot south side ymrl variance and denying a three (3) foot no~th side yard variance to the site. Ma'. Engebos appealed the Planning Commission decision to deny the tluee (3) foot north side ya/rl variance. The Council did not act on the appeal because it became evident that a lot ama variance was needed. The subject site is 56' wide and 140' deep containing approxhnately 7,840 square feet of lot area~ The required lot size for a substandard non-waterfront lot of reco~rt ha the Shomland Dislrict is 10,000 square feet. The request is for a 2,160 square foot lot area variance for the site to be considered buildable. The site is served with utilities and assessments have been paid on the p~operty. The applicant owns the adjacent lot to the no~ as well as the subject site. This lot will be considered buildable provided that the lot mca variance is g~nted and the lot is owned by a separate individual other than the applicant when the building permit is fried. Hardship is caused by the the cun-ent Zoning regulations and is not the result of the property owner. Tom Roszak, 14581 Glendale Avenue, objected to building on a smaller lot and thought the two lots should be combined. Ho~t Gmser, Director of Planning, explained the standards of the cmrent regulations. Taxes and sewer and water assessments have been paid on the subject site. A brief summary on the ordinance standards was given. Comments by the Commissioners were: there should be different standards for small lots, uniqueness of lot, hardship criteria has been met, and all were h~ support of the request. MOTION BY LOFTUS, SECOND BY KUYKENDAI I J~ TO APPROVE A 2,160 SQUARE FOOT LOT AREA VARIANCE FOR 14588 Gl ENDAI.E AVENUE, LOCATED AT LOT 7, BLOCK 1, OAKLAND BEACH FIRST ADDITION. RATIONAL BEING THE SUBJECT SITE IS A LOT OF RECORD, SITE HAS BERN ASSESSED AND TAXED, WITHOUT A VARIANCE THE LOT WOULD BE UNBUILDABLE, AND THE HARDSHIP CRITERIA HAS BEEN MET. Vote taken signified ayes by Loftus, Kuykendall, Vonhof, Amold, and Roseth. MOTION CARRIED. A recess was called at 7:57 P.M. and the meeting was reconvened at 8:00 EM. ITEM IH- PUBLIC HEARING - VILLAS AT THE WILDS - NEDEGAARD (~QNSrRUCTION PLANNING COMMISSION July 21, 1994 Page 2 The Public Heating was called to order at 8:00 P.M. The public was in attendance and a sign-up sheet was circulated. Mike Mcrley, Project Manager for The Wilds, stated he is representing Nedegaard Construction in this request. The site consists of Lots 1-5, Block 5, of The Wilds and was originally platted with 16 units. The size of the villas has increased therefore necessitating a reduction fi.om 16 units to 15 units and a application to replat was submitted. Horst Graser, Director of Planning, presented the information as per planning report of July 21, 1994. The application has been submitted in accordance with Subdivision 87-10 and consistent with the development fi'amework and standards in The Wilds PUD. The subj~t site contains 5.7 acres and the development plan for 15 units will have a gross density of 2.6 units per acre. The site contains a wetland feature (Basin W) which has been compromised by grading and lack of erosion control measures. The current plat has drainage easements which are in conflict with the proposed plat. The applicant has petitioned for vacation of all utility and drainage easements within Block 5 with the intent to rededicate easements based on the proposed plan. This vacation petition will be brought before the City Council for consideration. Resolution 94-06PC has been prepared for consideration by the Planning Commissioners. Larry Anderson, City Engineer, gave a brief s~ on engineering aspects of the proposed plat and stated that issues are being resolved. Comments fi.om the Commissioners were: easement vacations, wa[land Basin W restoration, erosion control enforcement, private streets versus public streets, homeowners association, walkways, and all were in suppo~l of the application. MOTION BY VONHOF, SECOND BY ROSETH, TO RECOMMEND TO THE CITY COUNCIL THE APPROVAL OF RESOLUTION 94-06PC AS SUBM1TIED BY STAFF, FOR THE PREI JlMINARY PLAT OF THE VILLAS ATTHE WILDS FIRST ADDITION. Vote taken signified ayes by Vonhof, Roseth, Amold, Loftus, and Kuykendall. MOTION CARRIED. MOTION BY LOFFUS, SECOND BY ROSETH, TO CLOSE THE PUBLIC HEARING. Vote taken signified ayes by Loftus, Roseth, Amold, Kuykendall, and Loftus. MOTION CARRIED. The Public Hearing closed at 8:30 P.M. A recess was called at 8:30 P.M. and reconvened at 8:32 P.M. ITEM IV - PUBLIC HEARING . STERLING SOUTH OF THE WILDS - PRELIMINARY PLAT AND VARIANCE The Public Hearing was called to order at 8:32 P.M. The public was in attendance and a sign-up sheet was ch'culated. Scoa Clements, General Manager of David Carlson Companies, gave a presentation on their pi~oposal. The proposed development consists of 88 townhome units on 21.01 acres. Cornrnon areas have been designated ttmxighom the site for use by all the townhomes. The topography is extreme in some areas but has been a marketing plus. Sidewalks me being designed for pedestrian access. Length variances for cul-de-sacs are being lequested also. Tree loss is a concern and 200 trees are planned to be replaced as per the landscape plan. Architectural design has been addressed and the development will be a very up-scale project. The density of Sterling South is lower then what was approved for The Wilds PUD. Ho~'st Gmser, Dkector of Planning, presented the information as per planning report of July 21, 1994. The request is for heliminary Plat approval of Outlot P and two cul~de-sac length variances. The PUD was PLANNING COMMISSION July 21, 1994 Page 3 approved in 1993 as a multi-use development. The development of Outlot P was planned after the fairways were completed resulting in the developer having to match grade with the golf course. Homeowners association documents have been submitted with similar language as in Sterling North. Resolution 94-05PC outlines the issues for discussion and approval. A memo from Bill Mangan, Director of Parks, was included in the packet. Larry Anderson, City Engineer, coamented on engineering issues as outlined in Resolution 94-05PC. Comments from the Commissioners were on: private or public status of Maple Lane, tree replacement plan, an additional road access for safety purposes, architectural design, sidewalk and trail connections, street lighting plan, utility location, easement access control, curb and grade on Lots 63, 64, 79, and 80, and maintenance of streets. Commissioner Kuykendall stated his objection to privately owned right-of-ways. Commissioner Loftus felt the proposal should be continued as he was not comfortable with the private sue. et concept MOTION BY ROSETH, SECOND BY VONHOF, TO RECOMMEND TO THE C1TY COUNCIL THE APPROVAL OF RESOLUTION 94-05PC AS AMENDED FOR THE PREIIMINARY PLAT AND VARIANCES FOR STERLING SOUTH AT THE WILDS. Vote taken signified ayes by Roseth, Vonhof, mad Arnold. Nayes by Loftus and Kuykendall. MOTION CARRIED. MOTION BY ROSETH, SECOND BY VONHOF, TO APPROVE A 100 FOOT AND A 1,520 FOOT CUL-DE-SAC LENGTH VARIANCE FROM THE 500 FOOT MAXIMUM CUL-DE-SAC LENGTH REQUIREMENT OF THE SUBDIVISION ORDINANCE FOR STERLING SOUTH OF THE WILDS. Vote taken signified ayes by Roseth, Vonhof, and Amol& Nay by Loftus. Kuykendall abstained. MOTION CARRIED. MOTION B Y ROSETH, SECOND B Y VONHOF, TO CLOSE THE PUBLIC HEARING. Vote taken signified ayes by Roseth, Vonhof, and Amold. Nayes by Loftus and Kuykendali. MOTION CARRIED. The Public Heating was closed at 10:36 P.M. ITEM V - JERRY HALLIDAY- VARIANCE Je~ry H~iday, 16604 h~guadona Beach Chx:le, stated he is proposing to remove his existing home and construct a new house. The existing home is in need of repair and with a growing family more room is essential. He cmrently does not have a garage on the property. Homt G~er, Director of Plmming, presented the information as per planning report of July 21, 1994. The variances requested ate as follows: (1.) 5 foot front yard variance fi'om the 25 foot front yard setback requh'ement. (2) 2 foot south side yard variance from the 10 foot side yard setback reqtfirement. (3) 5 foot no,Ih side yard variance from the 10 foot side yard setback requirement. (4) 28.5 foot lakeshom variance from the 75 foot lakeshore setback requirement (5) A 1% impervious surface variance from the 30% impervious smface maximum. (6) A 1,200 square foot minimum lot area variance from the minimum 7,500 foot lot area requirement for a riparian lot. The DNR suggested alternative plans be considered. The subject site was platted under the jurisdiction of a previous govemment If all required setbacks were enfo~ced the site would be unbuildable. The property has been assessed for taxes. Staff recommends installation of gutters to control drainage. PLANNING COMMISSION July 21, 1994 Page 4 Comments from the Commissioners were: furore building plans, gutters and all were in support of the application. MOTION BY LOFFUS, SECOND BY VONHOF, TO APPROVE THE FOLLOWING VARIANCES FOR LOT 5, INGUADONA BEACH, 16604 INGUADONA BEACH CIRCLE: 1. 5 FOOT FRONT YARD VARIANCE FROM THE 25 FOOT FRONT YARD SETBACK REQUIREMENT 2. 2 FOOT SOUTH SIDE YARD VARIANCE FROM THE 10 FOOT SIDE YARD SETBACK REQUIREMENT 3. 5 FOOT NORTH SIDE YARD VARIANCE FROM THE 10 FOOT SIDE YARD SEIBACK REQUIREMENE 4. 28.5 FOOT LAKESHORE VARIANCE FROM THE 75 FOOT LAKESHORE SETBACK REQUIREMENT 5. A 1% IMPERVIOUS SURFACE VARIANCE FROM THE 30% IMPERVIOUS SURFACE MAXIMUM. 6. A 1,200 SQUARE FOOT MINIMUM LOT AREA VARIANCE FROM THE MINIMUM 7,500 FOOT LOT AREA REQUIREMENE CONTINGENT UPON THE INSTAl I.ATION OF GLrlTERS, DESIGNING THE ROOF LINE TO CONTROL DRAINAGE. RATIONAL BEING THIS IS A SUBSTANDARD LOT OF RECORD, HARDSHIP IS CAUSED BY THE ZONING ORDINANCE AND NOT THE ACTIONS OF THE APPLICANT, THE SUBJECI' SITE WAS PLATIED UNDER THE JURISDICTION OF A PREVIOUS GOVERNING BODY, AND IT WOULD NOT BE DEIRIMENTAL TO THE HEALTH AND Wlnl .FARE OF THE COMMUNITY Vote taken signified ayes by Loftus, Vonhof, Arnold, Kuykendall, and Roseth. MOTION CARRIED. ITEM VI - TIMOTHY COLLINS . VARIANCE Tnnothy Collins, 16614 Inguadona Beach Circle, stated he is proposing to remodel and add on to an existing family home. Construction of the addition will eliminate a water problem in the front of the house. Horst Gmser, Director of Planning, presented the info~rnafion as per the planning report of July 21, 1994. The variances requested are as follows: (1) An 11.1 foot lakeshore variance from the 75 foot lakeshom setback requirement. (2) 7.4 foot north side yard variance from the 10 foot side yard setback requirement. (3) A 7 foot south side yard variance from the 10 foot side ymrl setback requh'ement. (4) A 4 foot east front yard variance from the 25 foot front yard setback requirement. (5) A 4.4% impervious sm-face variance from the 30% impervious sm'face maximum. (6) A 670 square foot minimtun lot area variance from the 7,500 square foot lot ama requirement for a riparian lot. The proposal is to add on and utilize the existing foundation. The lot is a substandm-d lot of record, was platted under a previous govemment and the proposed development is consistent with this neighborhood. Staff recornrnends the installation of gutters to control ch'ainage. Comments from the DNR were discussed. Because of the uniqueness of the existing building being built over the adjacent property line at the time of construction, the no~lh side yard variance is reasonable, but Staff feels consideration should be given to a smaller south side yard variance. Jen-y Halliday, 16604 Inguadona Beach Circle, stated that Mr. Collins would not be closer to the lake then what just approved for him and the adjacent lot to the south would always be vacant. Bill Brastad, 16594 h~guadona Beach Circle, stated that Lots 2 and 3 (the adjacent lots to the south) were dedicated to the public but is used only by the Inguadona Beach neighborhood. Comvents from the Commissioners were on: moving of house, substandard lot, difficult to retrofit pmpea'ty, adjacent lot status, roof lines, and plecedent has been set. PLANNING COMMISSION July 21, 1994 Page 5 MOTION BY LOFTUS, SECOND BY ROSEIH, TO APPROVE FOR 16614 INGUADONA BEACH CIRCLE DDC~TED AT LOT 4 AND P/O LOT 5 INGUADONA BEACH, THE FOLLOWING VARIANCES: 1. AN 11.1 FOOT LAKESHORE VARIANCE FROM THE 75 FOOT LAKESHORE SETBACK REQUIREMENT. 2. 7.4 FOOT NORTH SIDE YARD VARIANCE FROM THE 10' SIDE YARD SETBACK REQUIREMENT 3. A 7 FOOT SOUTH SIDE YARD VARIANCE FROM THE 10' SIDE YARD SETBACK REQUIRF_aMENT. 4. A 4 FOOT EAST FRONT YARD VARIANCE FROM THE 25' FRONT YARD SETBACK REQUIREMENT 5. A 4.4% IMPERVIOUS SURFACE VARIANCE FROM THE 30% IMPREVIOUS SURFACE MAXIMUM. 6. A 670 SQUARE FOOT MINIMUM LOT AREA VARIANCE FROM THE 7,500 SQUARE FOOT LOT AREA REQUIREMENT FOR A RIPARIAN LOT. CONTINGENT UPON THE ROOF LINE DESIGN OR GUTTERS BE INSTAl l .F_D TO CONTROL DRAINAGE. RATIONAL BEING THE SUBJECT SITE IS A SUBSTANDARD LOT OF RECORD, THE ADJACENT LOT IS DEDICATED TO BE VACANT, PRECEDENT HAS BEEN SET, SITE WAS PLATIED UNDER THE JURISDICTION OF A PREVIOUS GOVERNMENT, AND WOULD NOT DETRIMENTAL BE TO THE HEALTH AND WI] .FARE OF THE COMMUNrFY. Vote taken signified ayes by Lofms, Roseth, Amold, Kuykendall, and Vonhof. MOTION CARRIED. OTHER BUSINESS Bonnie Carlson, Assistant City Manager, gave a sumrmry to consider the modification/expansion of the boundaries of Municipal Development District No. 2. The areas located in the district now are the southeast comer of the Cky, on both sides of County Road 21, the Waterfront Passage Business Park, and the industrial area on the north side of County Road 21. The proposed meas to be included with Waterfi'ont Passage Business Park are the properties on Walker, Pleasant and Main Street, and Highway 13 and 170th Street. MOTION BY ROSETH, SECOND BY LOFFUS, TO APPROVE RESOLUTION 94-07PC IN THAT THE PLAN FOR DEVELOPMENT DISTRICT NO. 2 MODIFICATION CONFORMS TO THE GENERAL PLAN FOR THE DEVELOPMENT OF THE MUNICIPALrI'Y AS A WHOLE AND THE COMMISSION RECOMMENDS APPROVAL OF THE PLAN TO THE CITY COUNCIL. Vote taken signified ayes by Roseth, Loftus, Amold, Kuykendall, and Vonhof. MOTION CARRIED. A dh'ective was given to Staff to look into tree preservation policy and standards for private roads. MOTION BY LOFFUS, SECOND BY KUYKENDAI l., TO ADJOURN THE MEETING. Vote taken sig~fified ayes by Loftus, Kuykendall, Amold, Vonhof, and Roseth. MOTION CARRIED. The meeting adjourned at 11:17 P.M. Tapes of the meeting are on file at City Hall. Hot,~t W. Graser Director of Planning Rim M. Schewe Recording Secretary PLANNING COMMISSION July 21, 1994 Page 6