HomeMy WebLinkAbout080494REGULAR PLANNING COMMISSION
AGENDA
Thursday, August 4, 1994
7:00 p.m.
7:00 p.m. 1.
7:20 p.m. 2.
Call meeting to order.
a) Review minutes of previous meeting.
VARIANCE- Consider request for Steven Burdick
VARIANCE- Consider request from Adrienne Carney
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.
AGNDPC
4629 Dakota St. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PLANNING COMMISSION
MINUTES
August 4,1994
The August 1994, Planning Commission Meeting was called to order by Chairman Amold at 7:00 P.M.
Those present were Cornrrfissioners Roseth, Arnold, Loftus, Vonhof, Kuykendall, Assistant City Planner
Deb Garross, Associate Planner Gina Mitchell, Blaire Tremere, and Secretary Rita Schewe.
REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY ROSETH, SECOND BY VONHOF, TO APPROVE THE MINUTES AS WRrlTEN.
Vote taken signified ayes by Roseth, Vonhof, Kuykendall, Loftus, and Amold. MOTION CARRIED.
ITEMI - STEVEN BURDICK- VARIANCE
Steven Burdick, 16561 Spring Avenue SW, stated he would like to build a 10 X 34 foot deck on the back of
his home and is requesting three variances.
Gina Mitchell, Associate Planner presented the information as per planning report of August 4, 1994. The
variances requested me; a 4 foot north side yard variance, a 4.5 foot east rear yard variance, and a 4.32%
impervious surface variance. At the time of the building permit, it was not required to surface a driveway
therefore when the driveway was covered after final inspection, it did not meet the impervious surface
maximum ~equirement. The subject site is 50.09 x 100 feet and slopes from the front to the rear with about
15% of relief. The rear and north property line are adjacent to Outlot I which is a wetland and heavily
wooded. The only reasonable expansion area is toward the rear of the lot and would not encroach the north
side may further than the existing house.
Comments from the Commissioners were in support of the application request, meets hardship criteria, and
felt it was reasonable.
MOTION BY VONHOF, SECOND BY LOFTUS, TO APPROVE FOR 16561 SPRING AVENUE SW,
THE FOLLOWING VARIANCES; (1) A 4 FOOT NORTH SIDE YARD VARIANCE FROM THE 10
FOOT SIDE YARD SETBACK REQUIREMENT, (2) A 4.5 EAST REAR YARD VARIANCE FROM
THE 25 FOOT REAR YARD SETBACK REQUIREMENT, (3) A 4.32% IMPERVIOUS SURFACE
VARIANCE FROM THE 30% IMPERVIOUS SURFACE MAXIMUM. RATIONAI.E BEING THE
SUBJECT SITE IS A SUBSTANDARD LOT OF RECORD, WAS PLAITED UNDER THE
JURISDICTION OF SPRING LAKE TOWNSHIP, HARDSHIP IS CAUSED BY APPLICATION OF THE
CURRENT ORDINANCE AND NOT THE RESULT OF THE PROPERTY OWNER, AND WOULD
NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY.
Vote taken signified ayes by Vonhof, Lofms, Arnold, Kuykendall, and Roseth. MOTION CARRIED.
A recess was called at 7:10 P.M. until the next scheduled agenda item. The meeting was reconvened at 7:20
EM.
PLANNING COMMISSION
August 4, 1994
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ITEM II - ADRIENNE CARNEY - VARIANCE
Adrienne Carney, 4960 Rutledge Slreet SE, stated she is applying for a variance to build a three season
pon:h and a deck. The existing deck would be removed and the new construction would be in the same
location. The applicant stated her husband built the house and the deck was on the house when she moved
into the home in 1974.
Gina Mitchell, Associate Planner presented the information as per planning report of August 4, 1994. The
subject site is 200 X 275 feet, containing over 1 acre and was platted under Eagle Creek Township. There
me no record of variances nor a record of a building permit for the deck. Had the deck been built prior to
annexation into the commtmity, the setback would be considered a legal non-conforming setback and would
be grandfathered in. The building permit was issued in 1974 and showed no plans for a deck.
Comments fi.om the Commissioners were; define lot lines, demolition or repah- of old deck, no building
permit for deck was issued, advea-se possession, reduce size of porch, the hardship criteria has not been met,
and p~ecedent may be set if granted.
Commissioner Loftus fek the variance should be granted as the deck has been in existence for 19 yeas and
referred to a situation on Northwood Road.
Scott Carney, son of the applicant, gave an explanation of the proposed addition.
Leslie Mm'inan, Edina Realty, stated a similm' situation with one of her clients.
Blah- Tremere, Prior Lake Planning Consultant, explained a legal procedure of ex post facto vaiances and
options available to the Commissioner's.
MOTION BY KUYKENDAII., SECOND BY ROSETH, TO DENY THE 2.77 FOOT WEST S1DE
YARD VARIANCE FOR 4960 RUTLEDGE STREET SE. RATIONAl JF~ BEING THE REQUEST DOES
NOT MEET THE HARDSHIP CR1TERIA AND A PRECEDENT MAY BE SET
Vote taken signified ayes by Kuykendall, Roseth, Arnold, and Vonhof. Nay by Commissioner Loftus,
rationale being that he believed a similar variance was approved to a prope~xy on No~hwood Road.
MORION CARRIED.
Deb Gan'oss stated them has been a request fi.om Scott Clements of the David Cm'lson Company, if the
Plamfing Commissione~ would consider a special meeting for side yard variances on units in the Sterling
North at The Wilds. Consensus fi'om the Corrunissioners were not in favor of a special meeting.
MOTION BY LOFFUS, SECOND BY KUYKENDAI l ~,TO ADJOURN THE MEETING.
Vote taken signified ayes by Loftus, Kuykendall, Arnold, Vonhof, and Roseth. MOTION CARRIED.
The meeting adjoumed at 8:45 RM. The tape of the meeting is on fde at City Hall.
Deb Gmross
Assistant City Planner
Rita M. Schewe
ReconSing Secretary
PLANNING COMMISSION
August 4, 1994
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