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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 Page 1 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 Page 2