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HomeMy WebLinkAbout0825032. 3. 4. 5. e ge REVISED REGULAR PLANNING COMMISSION AGENDA MONDAY, AUGUST 25, 2003 Fire Station - City Council Chambers 6:30 p.m. Call Meeting to Order: Roll Call: Approval of Minutes: Consent Agenda: Public Hearings: Case #03-88 Jack and Leona Simonett are requesting a front yard setback variance for the construction of a detached garage for the property located at 3124 Fairview Road SW. Old Business: New Business: Case #03-90 Discussion of Concept Plan for development of Busacker/Blumberg property. Announcements and Correspondence: Adjournment: L:\03 Files~03 Planning Ce~m~03 pc. AgendaLa~.G82503.DOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER PUBLIC HEARING Conducted by the Plann~ing Commission The Planning Commission welcomes your comments in this matter. In fairness to all who choose to speak, we ask that, after speaking once you allow everyone to speak before you address the Commission again and limit your comments to new information. Please be aware this is the principal opportunity to provide input on this matter. Once the public hearing is closed, fUrther testimony or comment will not be possible except under rare occasions. The City Council will not hear additional testimony when it considers this matter. Thank you. ATTENDANCE - PLEASE PRINT L:\DEPTWORKkBLANKFRM~HSIGNUP.doc PLANNING COMMISSION MINUTES MONDAY, AUGUST 25, 2003 1. Call to Order: Chairman Criego called the August 25, 2003, Planning Commission meeting to order at 6:33 p.m. Those present were Commissioners Criego, Lemke, Ringstad and Stamson, Planning Coordinator Jane Kansier, Planner Cynthia Kirchoff and Recording Secretary Connie Carlson. 2. Roll Call: Atwood Absent Criego Present Lemke Present Ringstad Present Stamson Absent* *Commissioner Stamson arrived at 6:36 p.m. 3. Approval of Minutes: The Minutes fi.om the July 28, 2003, Planning Commission meeting were approved as presented. 4. Consent: None 5. Public Hearings: Commissioner Criego read the Public Hearing Statement and opened the meeting. A. Case #03-88 Jack and Leona Simonett are requesting a front yard setback variance for the construction of a detached garage for the property located at 3124 Fairview Road SW. Planner Cynthia Kirchoffpresented the Planning Report dated August 25, 2003, on file in the office of the City Planning Department. Jack and Leona Simonett are requesting a variance from the Zoning Ordinance for the construction of a detached garage on property zoned R-1 (Low Density Residential) and SD (Shoreland Overlay District) located at 3124 Fairview Road SW. In order to construct the detached garage the following variance is required: A 14.5 foot variance from the required 25 foot front yard setback (Section 1102.405 (3)). The subject property is a riparian lot on Spring Lake. A cabin, which was constructed in 1954, occupies the site. The property was platted as Lot 18, Fairview Beach in 1926. L:\03 Files\03 Planning Comm\03pcMinutes~1082503.doc 1 Planning Commission Minutes August 25, 2003 The lot is 8,421 square feet in area above the ordinary high water level of Spring Lake and approximately 60 feet in width at the front yard setback. The site is accessed via a private drive dedicated with the Fairview Beach plat. The applicant would like to construct a 24 foot by 24 foot (576 square feet) detached garage on property zoned R-1 and SD. In order to do such, a front yard setback variance is required. The shape of the lot and required 25 foot front yard setback creates an undue hardship. Without relief the applicant would not have a reasonable use of the property. Staff supported the variance with the following conditions: The resolution must be recorded at Scott County 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. 2. The building permit is subject to all other applicable city, county, and state agency regulations. 3. The garage shall be compatible in design and materials with the principal structure. 4. The eaves shall not encroach into the 5 foot north side yard setback. 5. The detached accessory structure shall not exceed 24 feet by 24 feet. 6. The driveway shall be surfaced with concrete or bituminous. 7. The existing gravel area shall be removed and replaced with sod or landscaping. Questions from the Commissioners: Ringstad questioned the impervious surface requirement. Kirchoff explained the some of the area would have to remain impervious. Criego questioned if staff considered the safety issue with pulling out of the garage with the 10 foot distance. Kirchoffresponded the applicant had a different driveway but staff suggested shifting to provide a longer driveway. Based on the location of the house, the garage cannot be shifted any further to create a longer driveway. Criego asked what was staff's issue on safety. Kirchoffexplained this is a private road with a limited amount of traffic. Kansier also responded on the driveway issue. Comments from the public: Tom Brownrigg, the contractor representing the applicant, stated they would like to black-top the gravel area next to the garage for parking and storage. There is very little off street parking. L:\03 Files\03 Planning Comm\03pcMinutes~12q082503.doc 2 Planning Commission Minutes dugust 25, 2003 Criego questioned if they black-topped the area would it be under the 30% impervious surface requirement. Brownrigg said they were proposing an addition to the house and were willing to subtract square footage from the proposed addition on the house and pick it up on the parking staying under the 30%. The public hearing was closed at 7:43 p.m. Comments from the Commissioners: Stamson: · In the past, the Commissioners considered the lack of a two-car garage a hardship although not a definite hardship. Not every variance was granted for a two-ear garage. · Not completely sold on this. There is plenty of property for a home and garage. The current home doesn't allow it. Usually there is so little setback from the lake that one has to move closer to the street. This is not the case. This time it's not a constraint from the lake, it's the home. · Does that meet the hardship? Would like to hear the other Commissioners. Could make an argument both ways. · Now the applicant is talking about paving a very large area. Ringstad: · This request falls under the parameters with a recent variance request. This does meet the 9 hardships criteria. · As long as the impervious surface falls under 30% - that is something to consider. · No problems with granting the variance. Lemke: · Agreed with Ringstad - the applicant had no choice in locating the garage. The farther away from the lake the better. · Keep the impervious surface under 30%. · In favor of the variance. Criego: · Main concern was the safety issue pulling out of the garage. Staff answered that question. · Agreed with Commissioners - taking down a house is too much of a hardship. · It is a two-car garage. The applicant is not trying to build a mansion. · The required hardships are met. · Add an eighth condition that the impervious surface do not exceed 30% in any of the improvements made on this property. · Recommend approval. L:\03 Files\03 Planning Comm\03pcMinutes~l~N082503.doc 3 Planning Commission Minutes ,4ugust 25, 2003 Stamson: · The home was built previous to the ordinance requirements as it is. · Agreed with Commissioners to approve the request. MOTION BY RINGSTAD, SECOND BY LEMKE, ADOPTING RESOLUTION 03- 10PC APPROVING A 14.5 FOOT VARIANCE FROM THE 25 FOOT FRONT YARD SETBACK FOR THE CONSTRUCTION OF A DETACHED GARAGE WITH THE 8 CONDITIONS. THE EIGHTH CONDITION - ANY IMPROVEMENTS MADE TO THE PROPERTY MAY NOT EXCEED 30% IMPERVIOUS SURFACE. Vote taken indicated ayes by all. MOTION CARRIED. 6. Old Business: None 7. New Business: A. Case//03-90 Discussion of Concept Plan for development of Busacker - Blumberg property. Planning Coordinator Jane Kansier presented the Planning Report on file in the office of the City Planning Department. Tradition Development is considering development of the Busacker/Blumberg property, which consists of approximately 11 acres located on the south side of 170th Street, south of County Market and north of Crystal Lake. This property is presently vacant land located outside the City limits. It is designated for annexation in 2004 on the proposed Orderly Annexation Map. The property is not identified on the City's 2020 Comprehensive Plan Land Use Map at this time. The concept development seems to indication Low to Medium Density Residential uses. The developers have submitted a concept plan for the development of this site, which subdivides the property into 50 lots for townhouse units, for a gross density of 4.54 units per acre. The concept plan does not include any parkland. No formal action was required. Commissioner Ringstad excused himself from the discussions as he has done business with one of the builders who may be doing work on the project. Comments from the Commissioners: Scott McMahon, Project Manager for Tradition Development, explained Tradition's desire to look for special and unique housing projects that bring character to a community. The local builder would be Rock Creek Homes. They do not have a price range at this time. Tradition Development has done work in Apple Valley and Credit L:\03 Files\03 Planning Comm\03pcMinuteshMN082503.doc 4 ill [ I Planning Commission Minutes dugust 25, 2003 River. They understand the Orderly Annexation Agreement does not go into affect until 2004 and would not do any proposals until that time. Lemke: · The concept plan as presented is appropriate if it is Low to Medium Density. It's hard to make decisions until the land is annexed and part of the Comprehensive Plan. Stamson: · Agreed with Lemke - over all, no qualms on the Low to Medium density. · The plans presented and what is intended is very nice quality and attractive. · Would like to see some provisions for trails around the lake so as things develop there is some type of public trail along the waterfront. · Overall, no negatives on the project. The next step is to discuss the designation and what is appropriate. Criego: · Agreed with the Commissioners - it seems reasonable the zoning should be R1 or R2. · Agreed there should be some kind of trail system along the lake and at least one sidewalk along one side of the street. · Questioned why the development is just townhomes and not a combination of single faraily homes and townhomes. McMahon said with the research they have done, with the 150 foot lake setbacks and trees, they determined with staff's help, this would be a good option for the property. · The lake setback is 150 feet. There really are only 6 or 7 acres of developable land. · Questioned the target group. McMahon said it is all over the board. · McMahon addressed the trail system - they would work with staff to define the layout. · Questioned the wooded acreage. McMahan said there are many significant trees that will be saved with this type of development. Theytry to keep as many trees as possible. Kansier commented on the Comprehensive Plan. Crystal Lake is a natural environmental lake with many constraints. This will probably be a low to medium density designated site. The developer will have to submit an application for a Comp Plan Amendment after annexation. 8. Announcements and Correspondence: Criego questioned if staff had a chance to look at the bluff and dockage issues from the joint meeting last week. Kansier said as far as the docking issue, staffwill be looking at a number of options and submitting a report to the City Council. The Planning Commission and Lake Advisory will also share the information. The City Manager mentioned the issue would be 3 to 4 months down the road. L:\03 Files\03 Planning Comm\03pcMinutesWIN082503.doc 5 iII J I Planning Commission Minutes August 25, 2003 Kansier went on say staff needs more direction fi:om the Planning Commission. Criego suggested the members of the Commission get a copy of the bluff ordinance and go through it to make it easier for the applicant to understand. Criego felt it is not as clear as he would like. Lemke said he is in favor of the "reasonable person" standard. It would be a clear cut black and white matter. Kansier said they looked at the "reasonable common sense approach" does not really work. It is very rare that it meets all situations. Stamson agreed with Kansier. It was left out of the ordinance intentionally. Criego asked to have it on the agenda for the next meeting as a discussion item. Criego also brought up the opportunity regarding the downtown redevelopment especially additional parking. He would like to see the City come up with some recommendations. And what about the expansion to the lake? Kansier said the City has hired a consultant to do a marketing study to look at the Comprehensive Plan and make a determination based on economics. The study will focus on how much commercial use the City can tolerate or expect to develop in the next 20 years. It will also focus on the existing downtown and potential expansion. The City also has a Request for Proposal to hire a consultant to look at engineering, design streetscaping, parking and provide recommendations. The market study should be complete by mid-October. The design work for the street improvement project will be completed fairly quickly because that project is scheduled for next summer. The parking will fall in between. Stamson questioned if the market study will include the annexation areas. Would the Planning Commission start looking at the Comp Plan or at least some designation for those areas? It would be easier to look at an overall plan when a potential development comes in with a concept. Kansier said the market study assumed the annexation areas as part of the City. The Comprehensive Plan Map Amendment will have to include 3,000 acres. This will be a huge update in the next 6 to 12 months. 9. Adjournment: The meeting adjourned at 7:14 p.m. Connie Carlson Planning Dept. Secretary L:\03 Files\03 Planning Comm\03pcMinuteshMN082503.doc 6