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HomeMy WebLinkAbout05 29 2012 Agenda packetApproval ofgeda: 3. Consider Approval of May 14, 2012 Meeting in inu tes: 4. Public Hearings: A. # EP 2-115 Welsch Deck Variance. Bob Welsch is requesting a Variance from the minimum lakeshore setback on a General Development lie in the -(Low Density Residential) Zoning District. . old Business; None New Business: None 7, Announcements and Correspondence: A. Recent City Council disc ssionsIdecislons. Adjournment: Planning Commission will adjourn to a worksession to discuss: A. Recent final decisions for housing development in Deerfield and Self -Storage text amendment. B. EDAC process to evaluate city codes for "business friendliness". L:1I2 FILEM12 PLANNING gill 10MI 2 AGENDAS\052912 Agenda.doc Phone 952.447.9800 Fax 952.447.4245 / %NFxv% r. i1 F 'prior1a . 1 PRIOR LAKE PLANNING COMMISSION MINUTES MONDAY, May 14, 2012 1. Call to Order: Chairman Phelan called the May 14, 2012, Planning Commission meeting t,:order at 6:00 p.m. Those present were Commissioners, Roszak, Blahnik, Hite, Phelan and, Spieler e.,Q.,T6.ngineer Larry Poppler E. Water Resources Engineer Ross Bintner, Planner Jeff Matzke, and Co . unity Development Assistant zxk Peter Aldritt. 2. Approval of Agenda: MOTION BY HITE, SECONDED BY SPIELER TO APPR AS PRESENTED, VOTE: Ayes, Spieler, Roszak, Phelan, Hite and 0 Consider Approval of April 23, 2012 Meeting Mi MOTION BY SPIELER, SECONDED BY RQUAKTO APPRO MINUTES AS PRESENTED. VOTE: Ayes, Roszak, Hite, Phelan Blahnik, +}F;='�� y The 4. c Hear P u b l iings: MAY 14,20 carried. 1E A ETING AGENDA APRIL 23, 201 2 MEETING 11 A. # E P 12-112 3211 - L i n d e n frole. Va n a n ce. R640���Mesq' 4" and B ri _a_',_'_',.`Radem ach e r are requesting a variance from the minimusetback on eneral DeVA'opmenR-1 Low Lake in the R -(Low Density -n Residential) Zoning Dis.tfft0'-,t_. The s6� L ,fem"'ot property is isated on the southwest end of Upper Prior a , off of Linden Circle x 1aod Just, owners of the subject property, are Planner Matzke presented -M -,Bri;dh-1R-�fdemacher anJ Zy requesting a vartance-,from Of6itt th mintmum66eture setback of a General Development Lake in the R-1 dent*A'�:.':ry :,.a pro ert_;'�ted at 3211 Linden Circle. The property is currentl .0"cant. The Vi�' requ"Osq'-J[hat is being proposed is a 31.3 -feet variance from the required a* h4,Q e 5 &i0ho'rdinary High Water (OHM elevation of Prior Lake. mini -feet structure frog;: FF Rwf C o rn m i ss i o o ns: 1her the ne Roszak asked wh6k vu-' ouse will be brought up to the front yard setback? Planner Matzke res0'&fi'dPed-�tfi!-"at the house will meet the front yard setback of 25 feet. r P Spieler asked whether t�. "neighboring houses needed any similar setback variance? T. Planner Matzke responded that one house to the east did not receive any variances. These houses were built prior to the city's current ordinance. Spieler asked whether there is a deck planned off the back of the house? Planner Matzke responded that they are proposing an at -grade patio off the back, and they are putting a deck on the side of the house due to the minimal depth they have. Hite asked Jeff to further explain the note on the staff report in regard to the driveways. LA12 FILE -S\12 PLANNING COMMISSIONU2 MIN UTEMNIN051412.doc I Planner Matzke a responded that lots on a cul-de-sac can be difficult when the driveways cone together, especially in the winter with snow storage. Applicant Rod Just, 5100 Condons St SE, stated that he is the larkeshore homeowner as well, and he has built many hones in Prior Lake. He has always tried to build within the city requirements wherever possible. However, on this lot dine to its depth, it is difficult to fit a house without a variance. He has met all the other setback requirements and the impervious surface requirement. MOTION BY SPIELER SECOND BY ELAHNIK TO OPEN THE P BLIQii lE l ll G AT :15 P.M. 4Fi w '=Ff TE: Ayes, Spleler, los al , Phelan, Hite and Blahnik. The Motjo=t. Terri Lewis, 3221 Linden biro[, stated that she does not Y6 setback from the lake. However, she does have concern about the sury . ,:3� ne. [t�does not matc. err. records from the ;. *rA� original plant. .,..r...+". _ r�sr A MOTION Y HITE SECOND BY PLAHNIK TO CLOSE T vu i .-# Ayes, z5piei j 1-% ■ 1"% 19 ■ ■ L's ■ ra■ 7 .■ TF JSLIC REARING AT 6* 18 yarned. Commissioner CAAnt n Questions: l+a�_ B[ahn[ stated that he will be supporting -F the va ��r oe }Y=== .:to 'ffI ulties do seem to be met here. The house is reasonably s*R ndaris consistent Wit t other � s ithe neighborhood. In regard i ■ ■ � r . _ .+�. ,==.:'. �' ■ ++ ■ 'r'=r ■ ■ ■ + to the issue with the sure . j#,J i -say t something tl "F tannin .} nr fission is addressin tons t. i s a� stated that he fF . rwrill be orting the variance. Mff=r=r= � a=,f} . ■ ;' F + •�•', 1=:r.+{ s ■ X r}yFy Spieler stated that he, to ,2 r ,l . be s port ng the varia ,ca � } *r � ..F,F=�.yr=r�r r'.'+*::.■ kyr a Phelan started th . e, too, t _ �r on staff's report with the rule of averaging t=r r r F r x rrr`r �,.: s: r .rtr}rr F,.r '� � . +•r". =s'}F== is=.r setbacks#�.}*�'�.} ruir�nts. k#Y}Fr F #Fa+ iFF*}=rr=*x„wYa ,jl�x.wrY kF}* . Hite is :r� rted that sl 'r�rilr a u1ll+l11�=''+lJ' }�' gthe variance, and she believes the dimensions f the lot k*xri rtxa rtip w s=.ra. marl e.it+ aotioarll difficult ' *'1illd a re i tr9*6ha��la home. A MTION` .*.;:ELAHNIK SE MINIMUM &�ii,. , T 1 E UII ELEVATION. BY, ,Hi5 ITE TO APPROVE THE 31.3 FOOT VARIANCE FROM THE TRUCTU E SETBACK FROM THE ORDINAY HIGH WATER TE: Ayes F o hni ,;�: ite, and Spieler. The Motion carried. B. #EP 12-107 - Maple,. -Glen 4th Addition. Wyatt the Pudel H.S. Pointer 11, LLC is proposing a preliminary plat for a residential subdivision of approximately ately acres for 45 single family lots. The subject property is loaned in the southwest corner of the City of Prior Lake, off the south side of Hwy 13 S., on Sunray Boulevard. Planner Matzke ke presented that Wyatt The Pudel Pointer H.S. 11, LLC has submitted a request for approval of a Preliminary Plat to be known as Maple Glen OAddition. The property is located on a 25.03 acre site, south of Trunk Highway 13, north of 180th Street, and west of Wedgewood Lane. The development platy calls for a residential development consisting of 45 single family homes. Engineer Pppler presented the grading plan of the project. This development extends the sewer and grater down Sunray Blvd to 180th Street, and to the east and west parcels that could be served in the future. The project gees have some sightline issues at 180th Street that will need to be addressed. Planner Matzke added this is not a Planned Unit Development, but rather, it is a standard subdivision that must meet thecity's standard setbacks and impervious surface require :ants. ir� r Ri' thixx�rr'r 4,��� Commissioner Questions & Comments: F,xlh, r}x Fri ftRF+RRh Fxx}rr}y°r�} RR?+FR��+'Fd rJilf ,Y#y .1 Blahnik asked how close this development is to the existingrk?.-1*rr+ Y r•y+ r r �'�¢dT•}R}I�Rh}fwh Planner Matzke responded that a park location is a few bio K'$,: rt ;.in the MQlen 2nd Addition. �l}FF4`x;r "it�+*f +�aa+rx+RfFi}}R RF}R}R�fxOPP.}}� , Blahnil asked about the character status of the property 3�tb the west? �#xR}}xr}Fr•. ,f�}i.4}Rhxf! Fi} f • �•AT a a ! iY ,!'r -.#f.if-+,�-.�:}+,_t��•R:Fa•.=n .. *,.a -o f; Planner Matzke responded than this area iso en wf Tg ;:wetl :` x.,ft is not within t�A+C' it of Prior adakex but rather spring Lake Township. r` spieler asked about the number of vacant*rl OAS in Maple filen? � r . .`AFr► . • i`}}a .�.4F44 i`.FF`RRFFa}d �i }.#h 7F+`•`•Fd�dFJF#+�� n r d Planner Matzke responded that he does no : 1; �. enact numb��:��:}al is Linn y but the 'lF}xx}rxrh}rtra�+ixiy Y f}f R. it} development is quite built out.-.:�+ SSFFSiIMJA} ':.Rf 4 +}F {`�/iriiT33 w+}klrskf}i l �}fiFT}.� 2#In!}1FYY.hri+srra Fria-. it R� Spieler asked how this proposed}design coni par ,}tow:e oth W e Glen Additions? �yFY �} F+•r Fai}+�a Y+•.F+`AFRx rxF+l p *}}i +`++F ign is ver 'ImIlar in terms of building design, lot dimensions Planner Matzke res orad thatli�`x`F .} and roam designs�xRl�-���n*+i #•F}}F�:. + �'rla�rr lair .*.i+ :rr+_ �•`•drxr� #}�*_. 1 f r ... r r. r. TxF . f f}f}l,• r�X. Sdt Rx. Splieller asked about I V *IQ * FF.•+�:A}YFX;i,�Fi, F n - * x •xA d• X A i # a'M w } { • } +Fe`•+Txx+A+i„Aiirfin� f}yxx' . Y .•x;Fh{+#=.4++}'*TiAi}A}}k}^}**?±r � r•..}=fr+ � Y i"i +w+'tw+�l' R 'a •..s y ri Ji 3�r's� siii r k r'+'•'rR`'++`'•`• .+i'. s - s r r r rear +` r aTs's�F�aaFRR.R}`=!x`i¢JiR hY Y sxY . +Y �++r+f}r+xrrre••r••Fe+•JR • F R Planner E t I �F�#+ . + that•- :*lot i small r 'than 12000 care feet} and the larger ones are r��+ 2 0` 1r{y.�7,, Y t o..- #' 5} Y V0 A'f`6 � i f} • ;ir*{s; F.±±R±F.F,F f ,000 FF}}hA, F F h } x. R•Fi+}}1F4at x r'Rr }! +'rF}y#FxFRd#�� '',+*yk• °� �'} 4y}•4R•}} F F} Y R r ix3 }moi, s r Y #} R r *Rxh}YxFr# F#k} fy�s}3Y�x}+s* f}h}}R#x}*h{}r Spieler4W' about the t�rn� '�kr f #his r4 ` r t' f}k�raX*'r*l� 1 i' +{Rd Planner Mat R `y ponded thAtr he applicant warts to keep moving forward; the developer will need to + }; k', re the c� start building. submit final pl� . t�}x + ��xi+r Fr+a rr=iy F}yYk}. Hite asked about th f"ef �r of Sunray Blvd south and whether there are n traffic stops`? r Y r =rx+ �w*•+•r Engineer Po ler res Ended that Surra i constructed to a collector street road width and h p p pin � i � there would stop signs at o Street and at the side streets. Hite asked whether all storm water detention will be handled on this site or transferred off situ Engineer Ppler responded that this development will be locating ar pond on site that will take the majority of stormwater. Phelan asked about the percentage of trees being removed? LA 12 FILLER PLANNING COMMLISSIOMI2 N4T UTE 1 4 141 .da 3 Planner Matzke responded that any trees removed in excess of 35 percent of the total caliper inches rust be replaced at a % ratio. MOTION BY BLAHNIK SECOND BY ISZAK TO OPEN THE PUBLIC HEAPING AT 6:35 PILI TE: Ares, Blahnik, Hite, Spieler} lost and Phelan Barbara Johnson, 3450 180"'St., asked whether there is any written agree en"ent with Spring Lake Township to enter 180th street's r Enagineer Pop pier responded that the city has n et with the to �rnshi•'±r=�� F preement. RF+� r• ���fF}#R}N}i •F r '�yM{t#x#PERF Johnson asked that i 80th St. remains a ravel road i� +_r. a cit Add,fO.ssinthe traffic? roar � rg 1trY3 rrr+/ � r 1"err fa #jar++r}+r+e#ra 4■�eFRF RF Y x F iF• s o� rEngineer P ler responded that it will stay gravel, andtho""city&ticipates n �f}}F g north on Sunray Blvd. ' } +ar ter■FR■RF¢#h �� w+sh.aA�x F ��}PERK*•*`+`Aa t+R },'Pyr+R F#••;+•s*+ref#�+yy F }Fl+i •*�■Y+r a i k+ ��F�.++rr*+rr+l Jhe ■ }r'��■Barbara Johnson asked whether the city is concern eda , ,(6p f�pes on 180" Phelan responded that staff has not raised a concern, and tl = mrnissioners would look to staff to identify any major issues in regard to that i■ �����+--=�}T•.. siA t a R + F + #'R}�'f+Y+I■P}Ifs`} **Tar+ r•+err F Y} T f a a Y R �h++r+rrrrF rr} 'xa rrT xTTAATFIRRFR �i *a rrra r•�r++} Bambara Johnson asked whether she would R � "6 ed with the rogftgonnects to her property? Engineer Poppler responded no; that would b}t the f. t.i,pf<te property. R t .trrF kh� *RtyF•FF•f#ts+A++•RR +•+{RR , 1 r + �•+F+a++++rS +�rTF ' M 'w�+mss ■++ t t �++� " #i{++r•t++r{' xfi,}xxr. d that her ori . erns echo w ref{'Barbara stated about traffic Linda Hansen, 475180 }}'� ��f' � �.. % ��:_ becoming g r ucl hea rier.: in wh FV' i f has presen ■ The sight line i a major 'issue. In the pians it loos like thexistit�{r{/'aJ]�,16 rears will; ,'6;fin and th%� ,water will be channeled elsewhere. She wants T {F a#r•i r XA X + *fi++ � r++rr+.�s- >�r�dl 'cit orretl ■ 4Y;�}FA�,FFx:�� to nae sure that the rte�f'rM1ra. .txr}:'A' r } R A Engineer Po}t } r •)+h+y�irlh.aa he -y 1+' r . r� - ' n in frostorm water flowin to the east beinpiar+s d atxa ra s ter+rr Oosed stornwater basins. cut down to`,,. d i9,to theaVrtt with the pr .} a e r e■ F rATrAfi �r erne•+r+++rr*## �'r•}AR+rR+R�+ f+}*F�fi ai+'+ t.�rrsLind en asked ab66t"Ah'.�, lighting; ; r the ro yds; she does not want to have Iia hting spill . s* {i *+ r ��a�.asRlr}fir+T+}F rF■rx}FxtAir f+'+••••+r• +'1 r;*+*`l.r�.j} .�yy+k} #}ax x.F.r .r•r •R{F F to #rY• 'FR.�r rxrhxF}xA'■ +• Phelan respond"e"d that the lighi ¢ ordinance the city has in place is verygood. The amount of spill lighting is very 1'6 }� ��}•R•J Chuck Towner, 'i s`0*6"" squires circle, stated that he is concerned about the drainage and where the water is goingto run when the ponds are full. His property has a normal amount of rain that goes to a lake. However, his barn can be under water, and he cannot utilize all of his property. Th lighting is also a concern, since he moved to the counter to get away from the in -town living. He does not grant his property to be lit up by street lights. He asked how much lower the bill is going down on 1 50th Engineer Po pler responded that he believes the road is proposed to be lowered a couple feet. LA12 FILFSX12 PLANNING MISSI NT I2 MINUTESWN051412.doc Applicant Jim Dea ovio stated the plan that is in front of the city tonight is not the plan that what was originally submitted two years ago. He spent a lot of time with Barr Engineering trying to work out the storm water issues to keep water on the property. He does not want to drain water off fthe property. Tim Kvidera, 17776 Wedgewood Ln, stated that his rain concern is related to drainage. when the first Maple Glen Additions went in, it clanged the grading and drainage signffi.pntl around his k property. As far as tree restoration, he wondered how that works out in t i ' l*e development? k+wy}YY 3 YY3 Y Y Planner Matzke responded that each phase of the development lead. -A 6��} - �* tree i inventorycalculated; they are still under the 35 percent requirement for this phase.yAr*±*�Y'`YYF}a#rh;ik. Tim Kvidera stated there is an active Red Tail Hawk in the �66..a6d. he want6 .,ilb. bring that to the city's attention. �F}}t F}Fr Yfir a !_y} - :•: aF kfi Ya.a.fx +i'�t MOTION BY SPIELER SECOND BY ROSZAK TO 9CR}}}}6rY� r` ■s voi-$ T- w } . ■!!!!hd � bar +rr ■YFf kr VOTE! Ages, Blahni , Hite, Spleier, los ak and Phelan ''' :;;F.r�.Fy:�f,x r¢r+ ;l f� {'rPr h Commissioner Questions and Comments: Blanik asked about concerns to the hill ep�,_=�;;itiens' Engineer Po ler responded that the city sugg'e" tet "rr i }s Ya rY aY sdISI� own to improve the sight line \al f lsrf'sY}w Y h t hh YYhYl as stated in his rr�e ei staff r �: rork out the dot . his a�� '� ��*�ri'al Plat stage. 1r • r f Y s i_ x� s's a� �Fs#iY.�YaY � r • Y Blain ik asked whether th �sadditi+ " il': and goinginfthe development will alleviate some of the water Ff}'/' that is draining to the, t ? �r+rri+srf�y frr}rye 4y} y ■ h r } p. Engineer P ppler respon - . ►t 1:;1 ; �;�.:; �;.�l��' � it �r.�Ii-` Ileviate the issues to the south, but the pond k r f f� F �3 iF !!r a � did double in s�x:::ndle thpag�=prr ent. ...;, ,_ hn i h,%fed he rxrratr��e�i..Fise l!e,th!r!,r-a ,rh ✓. s '+1ti'i"`1YYk}r*rk-hrr•rh��r.r*hrr*fia F gi661F . h r�hl�}rbra'o;: r�s ; however, it does comply with the current ordinances appearand Conprehenik}Ian. It��rthat the developer has gone through extensive r �stud 4s �+ill Wthe re ommendation to a rove the Preliina Plat. landH w*:}� ort� y„il�.�ar�*rrrhsri�ilat. 1 l�ttx�f. �rrrr Hite asked at.,:F . -whether a is h,' driveways will need to be replaced when the radia of 180th takes s r !!! !r!!rxy t+lt#• Engineer Poppler r . a 1 hat staff will look at what needs to be done with designing the grades. Hite stated her con em bout the hydrology of the storm water, and whether doubling the pond size will take care of the problem` Engineer Po ppler stated that the previous developer proposed to handle the storm water with a smaller pond and then sending the rest of the water off site. This developer is proposing a lamer pond because he is handling all of tine storm water on the property rather than dealing with it down stream. o zak asked whether there a required capacity for the pond? 1 :112 FILESX12 PLANNING COMMI 10M 1INUTE 1 i1 141. a Engineer Poppler responded that there are standards for pond sizing. It does ret city requirements} and staff will work out the final details at the final plat stage. osk stated that he, tee} can sympathize with the neighbors about lighting; however} this does meet all the requirements! He will be supporting it. Spieler stated his concerns about traffic and safety. He asked whether there are any means to regulate the traffic with either signs or lights along '180th Street and Sunray Boulevard? .r +' r Engineer ler stated that the cit hasn't looked at additional signage # ?e will b stop sign at Z.1801h and Sunray Blvd. Ite..r`,+++�7,ends on how the si htline i improved at St.Ad Sur ra Blvd. ■ shF}R}hF* ! }+F+F hhyl�lFh FF }k rt r +rrFhF • rF.*++f} x#hahri'r�aaM Spieler asked about concerns on the increase of traffic on 1W x ------fix Engineer Poppler responded that staff sees the majority of J r_ �: raf i- n going t; :.--,.RThe traffic study than was done few gears ago indicated a small amount :h affic i'crease due t �Y'- f ' �developmenti }1Aj+i �}xa+aFr 'P�3f�*Rk}arF�hy i r i i �7F r R! 1! .F.fahrrr}fhr- * R Phelan stated that he will echo his fellow comm' si nein, t eats f xregard to oor er �w*¢ th the hydrology and the sight lines. Since it i preliminary R'9%-(--1meat wit : F $, Mir r �es still to e r :+ed at the k r yy�'`a*•``r'"wf� glia}}}� #*fir. .t+* Final Plat stage he will be supporting this application! .Axys A MOTION BY BLAHNIK SECOND BY TO THE LISTED CONDITIONS BY STAF THE MAY 11 TH 2012 MEMORANDUM 5. old Business; None K To APPROVE`-TTHE PRELIMINARY Y PLAT SUBJECT KCH INCLDESNCEINS ADDEB�ED IN riyhatnrr�x�,�xx.�K�t R�r� *fid td �r�FaR•R�• R.R.+ _, 1i13A k*hrF}*R5'R}yAa rr+I •{+}•+r• R..RR:.:.{j= � '�`f*4R1Ft}}F }1FR1FrFrr xx •y�r+tT.RRl.aR .A.y k'� �hX R#¢:F*F}ri `i s•R•.rR•R.f RRa a+**r th# �FF�Fh R}f a rr oda. a �r 1 F 4 F RRY. y �r+w•+'sFr.}rrra rtiF ��R}FR 7�F'x i�'sas�k±hi a . r i. i+i}may 7. 4 ♦ i s t` i s f�.} i} k} Y� A iY h �R+iS ,CRRR•+R •_ a +'r kw R}}}F+RY}i}}+kkk *+F F !G 1 N ew u i n \/ `riY,,•`R••l•s� xT�#++ 4++=+F=�+F+e•�• ..RR`.�r Y a/� _ +ay+, t ry rr, ra •i . r'x r� . �7•.• .YL Y%*saSa a }�xhra ai}r�Fra= R • i*A t _ _ . Y� } i i Ai #SEP �� ,. r#� D_ onald rt n f fid`` ���i t n. Landform Engineering has submitted an +��1�+k +llay, � J■■ ��AyJ within ■��yJ■■ �■Ya7� + Ar ■ 4 -saa . 1I-tr ! ■ i&&nts VL7 lV■* it i■ i lrmr I t pplication,�:Yrinag�: utility ealocated ♦ +++� Add ition,+�;: ew drainage< :: tility ments will be dedicated with the final plat of Radermachers 2nd Add itl -he subject pros locAftpfh of TH 13 S on Panama Ave SE. Pleaf.laprVieted 1Rnald °JSLLQ has requested vacation of drainage and utility >"`•,'F� •r•, a err"r =r easements for '... ...area of the �;; rrracl ors st Addition flat which they plan replat for redevelopment a F.•�i"� .property.,ti%,,' . a confi oration of the ro osed develo ment on the site will char e .3i e'=h g p g the layout of the pr j� . sly d � §ned drainage and utilities for the site. For that reason, the designated drainage and utility e';�p` are no longer necessary. There will be new drainage and utility easements dedicated � �'4e final plat of Radermachers end Addition Commissioner Comments and Questions Phelan stated that this helps facilitate development and provides adequate storm water handling; therefore, he will be supporting this request. Hite stated that she will be supporting this request. Ioak stated that he will be supporting this as well. LA 12 FILE 112 PLANN ING COMMISSION\1 MrNUTEMNW0 1412.dvc 6 Spieler stated he will be supporting this request. lahnik stated he will be supporting this request, and that it is not inconsistent with the Comprehensive Plan with no longer a public interest in the easements. MOTION BY BLAHNIK SECOND BY HITE TO RECOMMEND END T THE CITY COUNCIL A RESOLUTION VACATING THE DRAINAGE AND UTILITY EASEMENTS ACROSS OUTLOT A of IADEIIACHEIS 18T ADDITION. TE; Ayes, Blahnik, Hite, Spieler, Roszak and Phelan +,.r��y'�'''•'rr `- . B. cSAH12 11tland Enhancement. The pity of Prior Lake is rees tirF a CSAH 12 wetiand enhancement project is consistent with the Comprehensive Plan. rr, ane roj r . located at the intersection of CSAH 2 and CSAH 17. This site is propose *4 *t:"% rr�e cit � e � �+ . Engineer Doss Bintner presented the Wetland Enhan ' nent project. This agend "Rile asks the PIanning Corr mi ion to review a report on the p te0410r a joint rm water fa ility' '�: �r-,-. uilt a Part 4•". xtrrs a of the fourth please of the Counter Road 12 project aid t�1� ��r,#��:1 Sup �r enue street r)'d:_';'uti'lity project 'x's wtk�t•+ r'? r Y r r and it'scompliance with the City's 2030 Comprehensive Commissioner Comments andQuestions: Phelan stated that used on the leverage of fdfW i l�' .;+ F ifit r to kill WET birds with one stone, this is consistent with the 2030 Comprehensive Plan 4 1 it rifll � : ;% rr r t r- juralit . He will be supporting � �}.4} i1 �r#TFTRdT+'r+TF#FF+ this request. ...... *r.+.{ F.�.r+.•.,.•.•s=,. •r � :y .moi .. +r f +Fra 1 os ak stated he will beigdr)po rtl t' his as well. Spieler stated that K6riW=w' :=upr this request. ��`��•tR:Yk�#r. r -r xirr �fiwkr �. . i ywF rr. { lahntk state0:: :y�..R gill be � ? : r#iri '1hf _ ktent with the 2030 Comprehensive Plan. Spring * * }`1 r � {s'i F r r x Y s�. rfi:r ..r` ■ ■ s Lake is list A' -a i` -� M coi := :-.rater and diff will a helping in grater quality. klrtrxr*r , rFr yr` `.'.`t+.# �`r'••••"••'if d Hite t that she, too, i[:r,SUPPM.. r.}.; MOTIONY-:4:aLAHNIK SECONP,BY SPIELER TO RECOMMEND APPROVAL of A RESOLUTION APPI I N . `;''�-"�-T 1 MWATER• F*CILIT EASED ON ITS ADHERENCE TO THE 203 CO P EHENS) -,*.PLAN TE: Ayes, Blahni ;+;. ,,.lt r+ :; t F r n :eler, Roszak and Phelan ri+•+ y ref r +� r 7. Announcements and correspondence: Planner Matzke presented a change in the meeting schedules for the Planning Commission from the 2 I and 4 tri Mondays of the month to the I t and 3 Id Mondays of the month. 8. Adjou rnment: LA 12 FILM 12 PLA N ING COMMISS10N\1 2 MINUTESW 1 12.doc MOTION BY HITE SECONDED E SPIELED TO ADJOIN THE MEETING. TE: Ares, Blahnik, Ie k, and Spieler. The Motion carried. The meeting adjourned at 7:30 p.m. Peter Aldritt, Community Development Assistant. LA12 FILE 112 PLANNING COMM1 I N112 MIN UTEM IN10 1 1 ,do 4646 Dakota Street S Prior Lake. MN 55372 PLANNING COMMISSION AGENDA REPORT MEETING DATE: MAY 293 201 AGENDA: 4A PREPARED ED BY: JEFF MAT F E, PLANNER PRESENTED TED BY; DAN ROGNESS, COMMUNITY & ECONOMIC DEVELOPMENT lT DI ECTo PUBLIC HEARING: : YES AGENDA ITEM: CONSIDER REQUEST EST Fold APPROVAL of A VARIANCE CE FROM THE MINIMUM LAF ESHOF E STRUCTURE SETBACK of A GENERAL DEVEL- OPMENT T LAF E IN THE -1 LOW DENSITY RESIDENTIAL) ZONING DIS- TRICT To ALLOW CONSTRUCTION of A BALCONY DISCUSSION: Introduction Bob Welsch, h, property owner of the subject property, is requesting a variance in order to allow for the construction of a balcony on a property located at 6424 Conroy Street IE. The property is located along the northern shores of Lower Prior Lake, south of Greenway Avenue, and west of Shady Beach Trail. The property currently contains a single family r home. The following variance is re- quested: •A 26.4 foot variance from the required minimum 50 foot structure setback from the Ordinary High Water HM elevation of Prior Lake using the average lake setbacks of adjacent properties(Sec- tion 4.308). Current Circumstances The property is zoned - (Low Density Residential), and is guided R-LD(Ur- ban Low Density) on the 2030 Comprehensive Plan land Use Map. The prop- erty currently contains a single family hone lower level deck area exists on the property but no upper level deck area. The applicant received approval of a variance from tete lal eshore setback to construct a ' x 18' balcony at the rear of the house in November 2011. This previously proposed balcony identified a cantilever construction from the exist - ince house with no connecting stairway; however, due to structural engineering challenges with that proposed balcony the applicant would like to alter the de- sign and setback of the proposed balcony. Therefore, the applicant now pro- poses to construct ars ' 3M x 18' balcony with two wooden posts to support the deck rather than the cantilever. The existing and proposed structure setbacks from the OHW of Prior Lake (904 elevation) are as follows: Structure Setback from Lai ft. Existing house 31. ' Existing lower level deck 14.1) ' LP_r9posedbalcony....... 23.6' The current City ordinance pertaining to the average structure setback k from the ol--W of the lade is as follows - 1104.308 ( ollows: 110 .30 2 Setback Requirements For Residential structures: On shoreland lots that have 2 adjacent lets with existing principal structures on both such adjacent lots, any neer residential structure or any additions to an existing structure may be set back the average setback of the adjacent structures from the ordinary high-water mark or 50 feet, whichever is greater, provided all other provisions of the Shorelarnd Overlay District are complied with. Many other residential properties within the neighborhood have similar structure setbacks that are less than 50 feet from the lake as identified on the attached survey. The average lake setback of the 4 nearby Lakeshore properties is 30.1 feet. The balcony will be constructed from decking material with a minimum 4 spacing between the deck boards; therefore, no additional impervious surface is proposed as a result of the project. ISSUES: This project includes a request for one variance. Section 1108.400 states that the Board of Adjustment may grant a variance from the strict application of the provisions of the Zoning Ordinance, provided that: There are practical difficulties in complying with the strict terms of the Ordinance. "Practical difficulties," as used in connection with the granting of a Variance, means the property owner proposes to use the property in a reasonable manner not permitted by the Zoning ordinance. Economic considerations alone do net constitute practical difficulties. It appears practical difficulties exist for the applicant in this case. The current structure setback from the rade to the lower level deck area is 14.1 feet. The applicant proposes a setback of 23.6 feet which is greater than the existing roger level deck setback. In addition, it is generally reasonable for la eshore properties to construct upper level decks at the rear of the house. (2) The granting of the Variance is in harmony with the general purposes and intent of the City Subdivision and Zoning ordinances and the Comprehensive Flan. Two purposes of the Zoning ordinance are to "promote the most appro- priate and orderly development of the residential, business, industrial, pub- lic land and public areas" and "enhance the aesthetic character andap- pearance of the City." The approval of the variance as requested would allow the applicant to construct a modest balcony to enhance the aes- thetic character of the property while not affecting adjacent property greys. (3) The granting of the Variance is necessary to permit the reasonable use of the property involved. The variance is necessary to use the property in a reasonable manner. It is generally reasonable for l akeshore properties to construct upper lever decks at the rear of the house. (4) The practical difficulty is due to circumstances unique to the property not resulting from actions of the owners of the property and is not a mere convenience to the property owner and applicant. The practical difficulty does exist due to circumstances unique to the property. The property is 99.9 feet in depth from the front let line to the lal eshore. The limited depth of the property and minimum buildable footprint allowed under the Zoning Ordinance has resulted in an existing nonconforming decreased setback from the lake. The proposed lake setback of the balcony (23.6 feet) will not encroach further into the set- back from the rake to the existing lower revel del (14.1 feet). (5) The granting of the variance will not alter the essential character of the neighborhood or be detrimental to the health and safety of the public welfare. The granting g of the variances will not alter the existing character of the neighborhood. As identified in the surrey on file, many nearby la eshore properties have nonconforming lake setbacks and upper level deck areas similar to the proposed balcony. (6) The granting of the Variance will not result in allowing any use of the property that is not permitted in the zoning district where the subject property is located. An upper level balcony is an allowed structure within the -1 Low Density Residential) Zoning District. (7) The granting of the Variance is necessary to alleviate an inadequate access to direct sunlight for solar energy systems. The granting of the variances will not be necessary to alleviate any hard- ships of the inability to use solar energy systems. nn 1 i n In conclusion, the applicant proposes to construct an .3' x 18' upper level bal- cony located at the rear of the house. The current structure setback from the lake to the existing [ower level aleck is 14.1 feet. The proposed structure set- back from the lake to the balcony is 23,6 feet which is greater than the existing nonconforming setback. Many other neighboring properties have similar set -- backs and upper level deck areas. Therefore, City Staff recommends approval f the requested variance subject to the following conditions of approval* 1. The variance resolution must be recorded at Scott Counter within o days of adoption. Proof of recording, along with the acknowledged City Assent Form} shall be submitted to the Community & Economic Development Department prior to the issuance of a building permit. ALTERNATIVES: 1. Approve the requested variance or any variance the Planning Commission deems appropriate in these circumstances. 2. Table or continue discussion of the item for specific purpose. 3. Deny the variance because the Planning Commission finds a lack of dem- onstrated practical difficulties under the zoning code criteria. RECOMMENDED ME{ DED City Staff recommends Alternatives #1. MOTIONS: EXHIBITS: I` S: . Resolution 12-X PC 2. Location Map 3. Aerial Photo . Property Photograph 5. Survey dated 5-9-12 Building Plans dated 4-27-12 ��bi rnro� ti U 4446 Dakota Street SE RESOLUTION 12-XXPC A RESOLUTION APPROVING A VARIANCE FROM THE MINIMUM LAKESHORE STRUCTURE SETBACK OF A GENERAL DEVELOPMENT LAKE 1N THE R-1 (LOW DENSITY RESIDENTIAL.) ZONING DISTRICT TO ALLOW CONSTRUCTION OF A BALCONY BE IT RESOLVED BY the Board of Adjustment of the Cit} of Prior Lake, Minnesota; FINDINGS 1. Bob Welsch is requesting a variance from the Zoning Ordinance to allow to allow construction of a balcony on a property in the - (Low Density) Zoning District at the following location, to wit, 6424 Conroy Street NE, Prior Labe, MN 55872 Let 49 and that part of Lot 48, "CON Y'S BAY Scott Counter, Minnesota, lying eastedy of the following described line: Beginning at a point on the northerly line of said Lot 48, distant 25=00 northeasterly of the northwest corner of said Lot ; thence southeasterly to a point on the southerly line of said Lot 48, distant 20.00 feet northeasterly of the southwest corner and there terminating. EXCEPTING therefrom that part of said Lot 49 laying easterly of the following described line: Beginning at a point on the northerly rine of said Lot 49 distant 5-00 feet southwesterly of the northeast corner of said Lot 49; thence southerly to a point on the southerly line of said Lot 49 distant 2.00 feet southwesterly of the southeast corner of said Lot 49 and there terminating. Together with Lot 50 and that part of Lot 49. "C N Y'S BAY Scott County, Minnesota, lying easterly of the following described line: Beginning at a point on the northerly line of said Lot 49 distant 5.0 feet southwesterly of the northeast corner of said Lot 49; thence southerly to a point on the southerly line of said Lot 49 distant 2.00 feet southwesterly of the southeast corner of said Lot 49 and there terminating. PID 25-114-011 - 0 2. 5 11 - 11- 2. The Board of Adjustment has reviewed the application for the variance as contained to Case #12- 112 and held a hearing thereon on May 29, 2012, 3. The Board of Adjustment has considered the effect of the proposed variance upon the health, safety, and welfare of the community, the existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, the effect on property values in the surrounding area and the effect of the proposed variance on the Comprehensive Plan. . It appears practical difficulties exist for the applicant in this case. The current structure setback from the lake to the lower level deck area is 14.1 feet, The applicant proposes a setback of 28.6 feet which is greater than the existing lower level deck setback. In addition, it is generally reasonable for lakeshore properties to construct upper level decks at the rear of the house. . Two purposes of the Zoning Ordinance are to �1promote the most appropriate and orderly development of the residential, business, industrial, public land and public areas '1 and "enhance the aesthetic character and appearance of the City." The approval of the variance as requested would ld Plione 952.447.9800 F x 952.447.4245 / ww%vxit),ofp rior1 xoni allow the applicant to construct a modest balcony to enhance the aesthetic character of the property while not affecting adjacent property views. . The variance is necessary to use the property in a reasonable manner. It is generally reasonable for laleshore properties to construct upper level decks at the rear of the house. . The practical difficulty does exist due to circumstances unique to the property. The property is 99.9 feet in depth from the front lot line to the Iakeshore} The limited depth of the property and minimum buildable footprint allowed under the Zoning ordinance has resulted in an existing nonconforming decreased setback from the lake. The proposed lake setback of the balcony (23.6 feet) will not encroach further into the setback from the lake to the existing lower level deck (14.1 feet). . The granting of the variances gill not alter the existing character of the neighborhood. As identified in the survey on file, many nearby Lakeshore properties have nonconforming lake setbacks and upper level deck areas similar to the proposed balcony. . An upper level balcony is an allowed structure within the R-1 (Low Density Residential) Zoning District. o. The granting of the variance will not be necessary to alleviate any hardships of the inability to use solar energy systems. 11. The contents of Planning Case #12-112 are hereby entered into and made a part of the public record and the record of decision for this case. CONCLUSION Based upon the Findings set forth above, the Board of Adjustment hereby approves the following variances to allow construction of a balcony on a property in the L -(Low Density) Zoning District: 26.4 foot variance from the required minimum 50 foot structure setback from the Ordinary High Water (OHM elevation of Prior Lake using the average lake setbacks of adjacent properties (section 1104.308). The variance is subject to the following conditions: This resolution must be recorded at Scott Counter within 60 days of adoption. Proof of recording, along with the acknowledged City Assent Form, shall be submitted to the Planning Department prior to the issuance of a building permit. Adopted by the Board of Adjustment on May 29, 2012. 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Recent nt final decisions for housing development in Deerfield and Self - Storage text amendment. B. EDAC process to evaluate city codes for "business friendliness". DISCUSSION: Introduction Two previous Planning Commission agenda items had different conclusions once the City Council received thea, including a Concept Plan for the Deerfield Industrial Park (for medium density housing), and a Text Amendment allowing Self Storage Facilities to be a conditional use in the C-2 Zone. Staff will lead discussion on the reasons why City Council rade different conclusions than the Planning Commission in these two instances. The Economic Development Advisory Commute EDAC is in the process of reviewing zoning ordinance standards for the city's industrial zoning district. It is comparing thea to some other cities in order to determine whether changes may be necessary to keep Prior Lake competitive and business friendly. staff will lead discussion on the EDAC's process and describe some potential future actions that will be necessary by the Planning Commission. Current Circumstances See description under the `{Introduction" section above. ISSUES: Some actions taken by the EDAC will likely require public hearings before the Planning Commission for amendments to the Zoning Ordinance. ALTERNATIVES: ATIVES: Discussion Only RECOMMENDED DED l A MOTIONS: EXHIBITS: Information will be distributed at the Work Session.