HomeMy WebLinkAbout1993 June Planning Commission Agenda PacketsIqC73
REGULAR PLANNING COMMISSION
AGENDA
Thursday, June 3, 1993
7:30 p.m. Call meeting to order.
a) Review minutes of previous meeting.
7:35 p.m. 1. Public Hearing to consider a Zoning and Subdivision Ordinance
amendment to add Twin Home regulations.
8:00 P.M. 2. Public Hearing to consider a Zoning Ordinance amendment to
add Licensed Residential Cate Facilities regulations.
8:15 p.m. 3. Public Hearing to consider a Zoning Ordinance amendment to
add Single Family Residential as a Conditional Use within the I -1
Special Industrial District
- Consider conditional use permit application for Ed werling.
8:30 p.m. 4. Consider variance application for Mike Brauland.
9:00 P.M. 5. Consider variance application for Doug Brinkman.
Other Business
a)
b)
C)
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.
4629 Dakota St. SE, Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
PM IO\
P
PLANNING COMMISSION
MINUTES
MAY 20, 1993
The May 20, 1993, Planning Commission Meeting was called to order
by Chairman Roseth at 7:30 P.M. Those present were
Commissioners Roseth, Arnold, Loftus, Greenfield, Director of
Planning Horst Graser, Associate Planner James Hayes, and
Secretary Rita Schewe. Commissioner Wuellner was absent.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
Commissioner Arnold stated on page 1, paragraph 8, line 9, to
change the word "doers" to "does" for the sentence to read
"Shoreland Ordinance does not permit clear cutting, but does
allow for a building pad ".
MOTION BY ARNOLD, SECOND BY LOFTUS TO APPROVE THE MINUTES AS
AMENDED.
vote taken signified ayes by Arnold, Loftus, Roseth, and
Greenfield. MOTION CARRIED.
Discussion on The Wilds workshop followed and possibly setting up
a time to walk the site.
ITEM II - PLANNING DISTRICT WORKSHOP
Associate Planner Hayes gave an outline of the information and
procedure to inform different neighborhoods of the meeting
schedule through an insert in the Wavelength and a notice in the
Prior Lake American. The amount of time allotted to each
neighborhood would be approximately 40 minutes. Mr. Graser stated
a list of questions were included in the Wavelength to allow the
public an opportunity to preview the items to discuss.
Commissioner Greenfield suggested a thank you letter to the
public for attending the neighborhood meetings would be in order
to {gut in a letter of introduction handout at the meetings. A
notice will be sent to neighborhood associations. Councilman
Gene White, who was present in the audience, suggested that
at the closure of each neighborhood meeting, any additional
comments could be sent in to be complied later.
A recess was called at 8:25 P.M. The meeting reconvened at 8:30
P.M.
ITEM III - CARDINAL HEIGHTS REZONING. SCHEMATIC AND PRELIMINARY
PLAT P.U.D., AND PRELIMINARY PLAT APPROVAL - CONTINUED
The Public Hearing was recalled to order at 8:30 P.M. The public
4629 Dakota St. SE., Pfbr Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
AN EQUAL OPPORTUNnY EMP IIM
PLANNING COMMISSION MEETING MINUTES MAY 20, 1993 PAGE 2
was in attendance. A sign -up sheet was circulated.
Rick Packer representative for Sienna Corporation 4940 Viking
Drive, Edina, MN, stated the name of the development had been
changed to Cardinal Ridge. A slide presentation of the various
projects developed by Sienna Corporation was shown. Homes built
with a five foot garage side setback were shown as well as the
landscaping and architectural control that is part of Sienna's
standards. Mr. Packer explained the rational of using a five
foot setback enables varying designs and allows more visible
green space in one location between houses. Mr. Packer is
requesting a P.U.D. for their development and a transfer of 5
lots for 55 acres of open space.
Director of Planning Horst Graser gave an brief outline on the
modifications for Cardinal Ridge. Cul -de -sac L was extended into
Outlot C, gaining two lots. The objective was to eliminate an
eyebrow style cul -de -sac. Cul -de -Sac G was added using a 'small
portion of Outlot D. The open space southeast of the
intersection of Sections E & F is being platted as a lot. A 60
foot exposure to Outlot C is incorporated between Lots it and 12,
Block 8, to accommodate a city trail. The total number of lots
increased from 221 to 223. The lots per gross .acre increased
from 1.55 units to 1.57 units. The public open space decreased
from 55.49 to 52.81 acres.
Questions that were raised by the public were addressed as per
memo of May 20, 1993. County Road 44 is in the jurisdiction of
Scott County and is in the CIP for 1994. Fish Point Road was
designed as a collector and State money used for this project.
The issue remaining is the five foot garage setback.
The objective of a P.U.D. is to provide the opportunity for a
developer to change densities, move things around', provide
wildlife systems in the area and vary designs. The reduction _ in
lots sizes is realistic and can be substantiated. The lots that
are requested to be reduced is in the center of the development
and there is 38% open space. The development meets the intent of
the P.U.D. code and fits the topography of the area. The
development addresses the needs of transportation, parks, and
trail systems. All Outlots will be owned by the City and will be
open space.
City Engineer Larry Anderson, stated that the streets, sewer and
water are adequate for the area. County 44 will have a 'signal
when warrants are met. The Engineering Department has reviewed
the plans submitted by Sienna and all plans have been completed
for Preliminary Plat. Prior to final plat approval appropriate
easements for drainage, trunk line utilities and acceptable
grading, sewer & water, and paving plans will need to be
submitted.
Carl Hanson 4065 Raspberry Ridge Road, objected to the size of
the lots, density and the development is unattractive.
PLANNING COMMISSION MEETING MINUTES MAY 20, 1993 PAGE 3
Terri Pherson -15538 Fish Point Road, felt the concerns of the
existing neighborhood were not met, traffic issues were not
addressed and their neighborhood would be destroyed because of
the development.
Alma Picha -5940 160th St. SE, asked for clarification on where
sewer and water will be installed which was explained to her.
Commissioner Greenfield stated he was disappointed that something
could not be done with the traffic situation, number of children
would increase the capacity for schools, open space, number of
lots increased and was not in favor of the 5 foot reduction for
garage. At this point Mr. Greenfield displayed a tope measure
and measured out 5 feet to show the amount of setback that would
be reduced. He felt the development does not warrant P.U.D.
status and will not recognize it as such. He then read the
P.U.D. definitions from the ordinance. Mr. Greenfield read the
park memo from Parks Director Bill Mangan regarding designated
park space. Commissioner Loftus commented on the traffic safety
issues and preservation of natural amenities. Mr. Loftus also
commented on having quality builders and affordable housing which
would be a trade off in density. Commissioner Roseth asked the
procedure on tree preservation and removal, and was in favor of
the development. Commissioner Arnold suggested adjusting lot
lines to lessen the number of smaller lots and pointed out where
several lots could be changed, but was in favor of the P.U.D.
Mr. Packer stated that their plan is sensitive to the area and
is a compromised plan and will not be changed any further.
Larry Anderson informed the Commissioners that the open space
designated is what Staff requested and explained the drainage
system for the development and adjoining area.
Mr. Graser explained the conditions of a P.U.D. and when the
developer is asked to give up something the City has to give
credit in another area and it would be an exchange.
After Conferring with Commissioner Arnold on lot adjustments, Mr.
Packer stated he could see where some lines could be changed and
would direct his staff to do so.
MOTION BY LOFTUS, SECOND BY ARNOLD, TO RECOMMEND TO THE CITY
COUNCIL THE APPROVAL OF RESOLUTION 93 -03 TO RECOMMEND THE
REZONING OF THE PROPERTY DESCRIBED ON THE ATTACHED EXHIBIT A
SUBMITTED BY THE SIENNA CORPORATION.
Vote taken signified ayes by Loftus, Arnold, Roseth and
Greenfield. MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY ROSETH, TO CLOSE THE PUBLIC HEARING.
Vote taken signified ayes by Arnold, Roseth, Loftus, and
PLANNING COMMISSION MEETING MINUTES MAY 20, 1993 PAGE 4
Greenfield. MOTION CARRIED. The Public Hearing was closed at
10:55 PM.
MOTION LOFTUS, SECOND BY ROSETH, TO APPROVE RESOLUTION 93 -04 OF
THE SCHEMATIC AND PRELIMINARY P.U.D. PLAN AS AMENDED FOR CARDINAL
RIDGE.
Vote taken signified ayes by Loftus, Roseth, and Arnold. Nay by
Commissioner Greenfield. MOTION CARRIED.
Commissioner Greenfield stated his rationale for nay was
objection to granting a P.U.D. status, open space is
overinflated, and the usefulness of Outlots A & F Justify that
being stricken from the land being allotted is useful public land
and diminishes the significant P.U.D. status.
MOTION BY ARNOLD, SECOND BY LOFTUS, TO CLOSE THE PUBLIC HEARING.
Vote taken signified ayes Arnold, Loftus, Greenfield, and Roseth.
MOTION CARRIED. Public Hearing closed at 10:57 P.M.
MOTION BY LOFTUS, SECOND BY ROSETH, TO APPROVE RESOLUTION 93 -05
FOR THE PRELIMINARY PLAT OF CARDINAL RIDGE AS AMENDED.
vote taken signified ayes by Loftus, Roseth, Greenfield, and
Arnold. NOTION CARRIED.
MOTION BY ARNOLD, SECOND BY LOFTUS, TO CLOSE THE PUBLIC HEARING.
Vote taken signified ayes by Arnold, Loftus, Roseth, and
Greenfield. MOTION CARRIED. Public Hearing closed at 10:58 P.M.
A request came from Assistant City Manager Kay Kuhlmann, to hold
a special public hearing meeting to adopt the Business Parks
Standards. The date of Tuesday, June 15, 1993 at 7:00 P.M. was
set.
MOTION BY ARNOLD, SECOND BY LAFTUS, TO ADJOURN THE MEETING.
Vote taken signified ayes by Arnold, Loftus, Greenfield, and
Roseth. MOTION CARRIED.
Meeting adjourned at 11:10 P.M
at City Hall.
Tapes of the meeting are on file
Horst W. Graser
Director of Planning
Rita M. Schewe
Recording Secretary
Qal.a�:' /mod
R I N12 its a 51 01,411
AGENDA ITEM 1
SUBJECT CONSIDER ZONING AND SUBDIVISION ORDINANCE
AMENDMENT TO ADOPT TWIN HOME REGULATIONS.
PRESENTER HORST GRASER, DIRECTOR OF PLANNING
PUBL HEARING g YES _ NO
RATE: JUNE 3,1993
INTRODUCTION
The purpose of this item is to hold a public hearing to consider a proposed amendment to the Prior Lake
Zoning and Subdivision Ordinances. The proposal is a house keeping amendment proposed in order to
provide an ordinance process to divide the land beneath twin homes into separate parcels for private
ownership purposes. A second amendment to increase the minimum lot size of single family lots within
the A -1, Agricultural Zone from 1 acre and 150 feet of lot width to 10 acres and 330 feet of lot width is
also proposed.
DISCUSSION
City Attorney, Glenn Kessel drafted attached Ordinance 93 -15 following two recent administrative plat
and variance applications which requested lot splits for existing duplex units. During the application
process, it was discovered that a conforming lot developed with a duplex, if proposed to be split for
owner occupancy, could not conform to required lot size requirements for a single family district
Attorney Kessel drafted the Ordinance to permit the conversion of rental to owner occupied status for
twin homes constructed upon conforming lots of record. The Ordinance specifies four conditions under
which a twin home property may be divided, without variance. (See attached Ordinance 93 -15 for
detailed language).
The proposed Ordinance also contains a provision to change the minimum lot size requirement in the A- 1.
Agricultural Zone to 10 acres with 330 feet of frontage. Time lot size change from 1 to 10 acres was
contemplated during the adoption process of the Shoreland Management Ordinance. The proposed 10
acre lot size requirement will be consistent with the Zoning Ordinance and rural density objective (4 units
per quarter /quarter section) of the Comprehensive Plan.
ALTERNATIVES
1. Approve Ordinance 93 -15 as proposed or as per changes recommended by the Planning
Commission.
2. Table the item for further information.
3. Deny the amendment for specific findings of fact
Alternative 1. A motion to recommend that the City Council adopt Ordinance 93 -15.
4629 Dakota St. SE., Prior take, Minnesota 55372 / Ph. (612) 4474230 / fax (612) 447 -4245
"Z09304"
CITY OF PRIOR LAKE
Ordinance No. 93 -15
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 5, CHAPTER 4;
TITLE 5, CHAPTER 8 AND TITLE 6, CHAPTER 1; PRIOR LAKE ZONING
ORDINANCE 83 -6 AND PRIOR LAKE SUBDIVISION ORDINANCE 87 -10.
The Council of the City of Prior Lake does hereby ordain:
The tables set forth in Section 5 -4 -1 of the Prior Lake City
Code and Section 4.2 of Prior Lake Zoning Ordinance 83 -6 are
hereby amended as follows:
[See attached tables.]
2. A new section 5 -4 -1.1 shall be added to the Prior Lake City
Code and a new section 4.1.1 shall be added to Prior Lake
Zoning Ordinance 83 -6 which shall read as follows:
EXCEPTION: The minimum lot size and side yard requirements
of Section 5 -4 -1 of the Prior Lake City Code and Sections 4.1
and 4.2 of the Prior Lake Zoning Ordinance may be waived by
the Director of Planning if a lot containing a two - family
dwelling unit is to be subdivided into two (2) lots and will
meet all the following requirements: (1) a common wall
shared by the two dwellings is located in its entirety on the
boundary line separating the two lots; (2) said common wall
meets the standards of the building code for owner - ocupied
units and any other applicable codes adopted or to be
enforced by the City; (3) a covenant or other agreement in
recordable form concerning the common wall is approved by the
City Attorney and thence filed with the Scott County Recorder
or Scott County Registrar of Titles; and (4) each of the two
(2) dwellings is separately served by public utilities, none
of which are shared.
Section 6- 3 -1(B) of the Prior Lake City Code and Section
6- 3 -1(B) of Prior Lake Subdivision Ordinance 87 -10 are
amended to read as follows:
B. All lots must conform to applicable Zoning Ordinance
requirements unless there is a specific exception as
set forth in the Zoning Ordinance requirements.
This ordinance shall become effective from and after its passage
and publication.
Passed by the City Council of the City of Prior Lake this
day of , 1993.
ATTEST:
City Manager Mayor
Published in the Prior Lake American on the _ day of ,
1993.
DRAFTED BY:
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center
Minneapolis, MN 55402
District
Mini mam lot Sin
Area (sq.ft.) Width (ft.)
10 Acres 330
40 Acres
40 Acres
10,000 80
15 000 85
Towzihousec ,.�.....roa
:2. Acres
250
Other Uses `
15,000
85
R -2 U rban ssiA ialaa
5,000
60
Single Family Dwellings
TWO Family Dwellings "
12,000
75
Townhouses
25,000
100
Multi - Family Dwellings
30,000
100
Other Uses
?10,000
75
R -a malt4nle Ras4Anntial
10,000
75
Single Family Dwellings..
Two Family Dwellings
12,000
75
Townhouses
13,000
100.
Multi - Family Dwellings
13,000
75
Other Uses
5,000
50
R -4 Mixed Cade Residential
25
25
Manufactured Dwellings
6,000
60
Single Family Dwellings
6,000
50
Two Family Dwellings
12,000
15
Townhouses
25,000
100
Multi - Family Dwellings
30,000
100
Other Uses
10,000
75
W.4.. '. m -4-- E
50
30
20
50
30 '
20
25
25
10
25 '.
25
10
25 -
25
25
25
25. '.
15
25
25
10
25
25
10
35
25
15
25
25
15
25:
25
15
25
25
10
25
25
10
25
25
10
25
25
15
25
25'.
15
25
25
10
25
25
10
25
25
10
25
25
15
25 -
25
is
25 -
25
IS
D
D
0
0
.2
.2
.2
.2
7.0
7.0
4.2 LOP MID YARD BSZJnOMM18: (Cant.)
Minimm Mulimm Gross Owelliuy Units
Minim®Lot'Sire
Structure Setback ( Cosere
District
Area (sq.ft.) Width (ft.)
Front Yard Rear Yard
Side Yard t i
B -1 Lisited Business
All Uses
20,000 120.
30
30
15
B -2 Gg mitt' BU mss
5,000 50
0
15
0 30
Multi- Family Dwellim"
Other Uses ! '.
5,000 50
0
15
0
B-3 General Business
All Uses
1 Acre 150
50
30
20
I -1 Special Luduafrial
All Ueee"
20,000 100
30
30.
20
I -2 Light IMeatrial
All Uses
1 Acre 200
30
30
20
C -1 Cvnservatim
All Uses
S -D Bhcrelaud District
30 Acres 330
9 ara� plS3eiCT:
50 :
FOa ADDITIQDIL
30
B�Ia
20 `.
OF 55Q6 B
SBB 6H.TIQ1
1 • Minim n lot width shell he measured at the front yard
setback line.
'• with Sanitary Sewers, otherwise Agricultural Densities
will apply.
J
2
OF PR10�0
_h y
U X
"ZO04PN"
AMENDMENTS PROPOSED FOR PRIOR LAKE CITY CODE,
ZONING ORDINANCE AND SUBDIVISION ORDINANCE.
You are hereby notified that the Planning Commission will hold a
Public Hearing in the Prior Lake City Council Chambers at 4629
Dakota Street S.E., on Thursday, June 3, 1993 at 7:35 p.m.
The purpose of the public hearing is to consider two proposed
amendments to the City Code, Subdivision Ordinance and Zoning
Ordinance which would provide for the administrative process to
divide two - family dwelling units into lots which allows for the
conversion of rental to owner- occupied units.
A new section 5 -4 -1.1 is proposed to be added to the Prior Lake
City Code and a new section 4.1 .1 is proposed to be added to
Prior Lake Zoning Ordinance 83 -6 which shall read as follows:
EXCEPTION: The minimum lot size and side yard requirements
of Section 5 -4 -1 of the Prior Lake City Code and Sections 4.1
and 4.2 of the Prior Lake Zoning Ordinance may be waived by
the Director of Planning if a lot containing a two - family
dwelling unit is to be subdivided into two (2) lots and will
meet all the following requirements: (1) a common wall
shared by the two dwellings is located in its entirety on the
boundary line separating the two lots; (2) said common wall
meets the standards of the building code for owner- occupied
units and any other applicable codes adopted or to be
enforced by the City; (3) a covenant or other agreement in
recordable form concerning the common wall is approved by the
City Attorney and thence filed with the Scott County Recorder
or Scott County Registrar of Titles; and (4) each of the two
(2) dwellings is separately served by public utilities, none
of which are shared.
Section 6- 3 -1(B) of the Prior Lake City Code and Section 6- 3 -1(B)
of Prior Lake Subdivision Ordinance 87 -10 are proposed to be
amended to read as follows:
All lots must conform to applicable Zoning Ordinance
requirements unless there is a specific exception as set
forth in the Zoning Ordinance requirements.
4629 Dakota St. SE., Pror lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax(612)447-4245
AN EQUAL OPPORTLIPM EMOM
Section 5 -4 -1 of the Prior Lake City Code and Section 4.2 of
Prior Lake Zoning Ordinance 83 -6 are proposed to be amended by
changing the minimum lot size for single family dwellings within
the A -1 Agricultural Zone from 1 acre and 150 feet of lot width
to 10 acres with a minimum lot width of 330 feet.
if you desire to be heard in reference to this matter, you should
attend this public hearing. The Planning Commission will accept
oral and or written comments. If you have questions regarding
this matter, contact the Prior Lake Planning Department at
447 -4230.
La 6('Ll c' <c' C�- J J
Deb Garross
Assistant City Planner
To be published in the Prior Lake American on Satu_dy, May 22
and 29, 1993.
Z005PC.Y,rRT
0 wits 1i DI I
AGENDA TEEM 2
SUBJECT CONSIDER ZONING ORDINANCE AMENDMENT RE:
LICENSED RESIDENTIAL FACILITIES
PREMMER DEB GARROSS, ASSISTANT CITY PLANNER
PUBLIC HEARING g YES _ NO
DATE JUNE 3,1993
The purpose of this item is to hold a public hearing to consider a proposed amendment to Prior
Lake Zoning Ordinance 83 -6. The proposal is a house keeping amendment proposed in order to
bring the Zoning Omdu:ance into consistency with Minnesota Statutes 462.357 Subd. 7 and Subd.
8. (See attached MS excerpt for details).
The proposal is to add Licensed day cafe facilities serving 12 or fewer persons; State licensed
residential facilities serving 6 or fewer persons; and Licensed group family day care facilities to
serve 14 or fewer children as permitted uses in the R -1, Urban Residential District.
The R -2, Urban Residential; R -3, Multiple Residential and R-4, Mixed Code Residential
Districts are proposed to be amended adding the following as conditional uses within each
respective district: Licensed day care facilities serving 13 or more persons and State licensed
residential facilities serving 7 to 16 persons.
ALTERNATIVES
1. Recommend that the City Council adopt Ordinance 93 -14.
2. Table this issue for further information.
Alternative 1. A motion to recommend that the City Council adopt Ordinance 93-14.
4629 Dakota St. SE, Prior lake, Minnesota 55372 1 Ph. (612) 4474230 / Fax (612) 4474245
"Z0050R"
CITY OF PRIOR LAKE
Ordinance No. 93 -14
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 5, CHAPTER 3;
AND PRIOR LAKE ZONING ORDINANCE 83 -6.
The Council of the City of Prior Lake does hereby ordain the
following sections be amended as follows:
R -1 URBAN RESIDENTIAL
Permitted Uses
S. Licensed day care facilities serving 12 or fewer persons.
9. State licensed residential facilities serving 6 or fewer
persons.
10. Licensed group family day care facilities to serve 14 or
fewer children.
R -2 URBAN RESIDEN
Conditional Uses
7. Licensed day care facilities serving 13 or more persons.
18. State licensed residential facilities serving 7 to 16
persons.
R -3 MULTIPLE RESIDENTIAL
Conditional Uses
12. Licensed day care facilities serving 13 or more persons.
14. State licensed residential facilities sery ing 7 to 16
persons.
R -4 MIXED CODE RESIDENTIAL
Conditional Uses
3. Licensed day care facilities serving 13 or more persons.
8. State licensed residential facilities serving 7 to 16
persons.
This Ordinance shall become effective from and after its passage
and publication.
Passed by the City Council of the City of Prior Lake this
day of _ �, 1993.
ATTEST:
City Manager
Published in the Prior Lake American on the _ day of ,
1993.
DRAFTED BY:
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center
Minneapolis, MN 55402
462.357 HOUSING, aEDEVELOnCEM, PLUM40, ZONG4G 9405
should not be excluded by municipal zoning ordinances or other land use regulations
from the benefits of normal residential surroundings. For purposes of subdivisions 6a
through 9, "person" has the meaning given in section 245A.02, subdivision 11.
Subd. 7. Permitted single family am A state licensed residential facility serving six
or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group
family day care facility licensed under. Minnesota Rule, parts 9502.03 15 to 9502.0445
to serve 14 or fewer children shall be considered a permitted single family residential
use of property for the purposes of zoning.
Subd. S. Parmitted multihm0y use. Except as otherwise provided in subdivision
7 or in any town, municipal or county zoning regulation as authorized by this subdivi-
sion, a state licensed residential facility serving f m 7 through 16 persona or licensed
day are . facility : serving 13 through 16 persons shall be considered a permitted
conditional': uses or special uses of residential property in the same zones, unions the
additional conditions an necessary to protect the health and safety of the residents of
the residential Gie ity. Nothingherniashall beconstruedtoexcludeorprohibitredden:
tud or day are faeilities from am* family zones ifoWerwise permitted by a loci zone'
iog regulation.
Histarir 1965 c 670 s 7,• 1969 c 259 s 1; 1973 a 123 at 3 s 7-i973 a 379 s I; 1973
e 339 s 1; 1973 a 559 s ZZ• 1975 a 60; a 1978 c 786614, IS ErI979 e 2 s 4143; 1987.
e 336 s 248;;1982 a 490 s Z• 1982 c 507a 2Z• 1984 c 617s 6d; 79183 c 62 s 3,• 1985 a 194
s 23; 1986 e,49- 1987 c 333 s 2$1989 c 82 s 4 1990 c 391 ors 8s 47,• 1990 c 568 rot
2 s 66,67
462336 PROMURE FOR MAN: EFFECrUAIION; SUBDIVL91ON BRGUI A- �-
IaONS.
Subdivision 1. (Repeated, 1980 0:566 a 351
Subd. Is. An pelt. Toprotect and promote tbeprbhc healtb. safety, and Sound
welfare, to provide for the orderly, economic, and safe developm5at of psad, to presesve
agricultural lands, topromote the availability ofhowingaR 'ordabletopasomazM$m-
0 °Z005PN^
NOTICE OF PUBLIC HEARING TO CONSIDER
AN AMENDMENT TO THE PRIOR LAKE CITY CODE AND ZONING ORDINANCE
You are hereby notified that the Planning Commission will hold a
Public Hearing in the Prior Lake City Council Chambers at 4625
Dakota Street S.E., on Thursday, June 3, 1993 at 8:00 p.m.
The purpose of the public hearinL; is to consider an amendment
to the Prior Lake City Code and Zoning Ordinance to allow day
care and residentia? care facilities as permitted and conditional
ues within the R -1, R -2, R -3 and R -4 Residential Zoning
Districts.
The amendments are proposed in order to bring the Prior Lake
City Code and Zoning Ordinance into conppliance with Minnesota
Stata Statutes. Specifically Licensed as care facilities
serving 12 or fewer persons; state licensed residential
facilities serving 6 or fewer persons and; licensed group family
day care facilities to serve 14 or fewer children are proposed to
be permitted uses within the R -1, 'Urban Residential Zoning
District. within the R -2, Urban Residential, R -3 Multiple
Residential and R -4 Mixed Code Residential Zoning Districts,
licensed day care facilities serving 13 or more persons and state
licensed residential facilities serving 7 to 16 persons are
proposed to be conditional uses.
If you desire to be heard in reference to this matter, you should
attend this public hearing. The Planning Commission will accept
oral and or written comments. If you have questions regarding
this matter, contact the Prior Lake Planning Department at
447 -423C. ..
Deb Garross
Assistant City Planner
To be published in the Prior Lake American on Saturday, May
22 and 29, 1993.
4629 Dakota St. S.E., Pfim Lake, Mhmesota 55372 / Ph (612) 4474230 1 Fax (612) 4474M
AN EQUAL OPPOWUMY EMPLOYER
"ZO07PR"
AGENDA ITEM:
3
SUBJECT:
PUBLIC HEARING - ZONING ORDINANCE
AMENDMENT, I -1, SPECIAL INDUSTRIAL DISTRICT
CONDITIONAL USES
APPLICANT.
EDWARD VIERLING
PRESENTER:
HORST GRASER, DIRECTOR OF PLANNING
PUBLIC HEARING:
.$YES —NO
DATE:
JUNE 3, 1993
The Planning Department has received an application to amend Prior Lake Zoning Ordinance
83 -06, Section 3.2, from Edward Vierling, 14091 Eagle Creek Avenue, Prior Lake. The request is
to permit single family dwellings as a conditional use in I -1 Special Industrial Districts. This
application is being processed under the requirements outlined in Section 7.9. regarding
amendments. In addition, Mr. Vierling has completed an application for a conditional use pernit
to allow a single family dwelling in an I -1 Zoning District contingent upon the approval of the
Zoning Code Amendment. While the two applications are related, a separate motion to the City
Council is required for each item.
BACKGROUND
In May, 1993, Mr. Vierling met with City Planning Staff to discuss a variance application for his
property. His variance request was to allow a single family dwelling in an area currently zoned
I -1. Special Industrial. Staff consulted with attorney, Robert Hoffman who recommended that the
Zoning Code be amended versus granting a use variance. After consulting with staff, Mr.
Viering withdrew the variance application and applied for an amendment to the Prior Lake
Zoning Ordinance 83 -06.
The City will adopt new standards for the I -1 Districts in the near future. The Planning
Commission will begin this process at a public hearing on June 15, 1993. Once these standards
are adopted, Mr. Vierling's single family dwelling would become a legal non - conforming use in
the I -1 District. This application process, although cumbersome, provides a limited window of
opportunity for Mr. Vierling to build a house on his burd.
4629 Dakota St. SE, Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
DISCUSSION
This area is proposed to be rezoned residential and neighborhood commercial when the 2010
Comprehensive Plan is adopted. Thus, this amendment to the code would be consistent with the
future Comprehensive Plan for this area of the community.
1. Approve the amendment as submitted to allow single family dwellings as a conditional
use in the I -1. Special Industrial District, and approve the Conditional Use Permit as
requested.
2. Deny the amendment for spec6c reasons, which would result in the continued prohibition
of single family dwellings in I -1, Special Industrial Districts.
3. Continue the public hearing for lack of information or detail.
RECOMMENDATION
Alternative N. Three separate motions would be in order: A motion to approve the Zoning
Ordinance amendment to allow single family dwellings as a Conditional Use in the I -1, Special
Industrial District. A nation to close the public hearing on the Zoning Code amendment A
separate motion to approve the Conditional Use Pemrit contingent upon City Council approval of
the Zoning Code amendment
W
You are hereby notified that a hearing will be held by the Planning Commission in the Prior
Lake Council Chambers at 4629 Dakota Street S.E. on:
V,7M7 MTW IV ';'F A u
PURPOSE OF HEARING: To consider an amendment to Section 3.2 of the
Prior Lake Zoning Ordinance 83-06 to permit single
family dwellings as a conditional use in I -1 Special
Industrial Districts.
SUBJECT SITE LOCATION: 14091 Eagle Creek Avenue, Prior Lake. RID SE 1/4,
NW 1/4, Section 26, Township 115, Range 22, see
attached legal description.
If you desire to be heard in reference to this manor, you should attend this meeting. Cral and
written comments will be accepted by the Planning Commission. For more information, contact
the Prior Lake Planning Department at 447 -4230.
Prior Lake Planning Commission
DATE MAILED: May 25,1993
4629 Dakota Ss SE, Prior Lake Mnnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474246
"CUOIPN"
You are hereby notified that a hearing will be held by the Planning Commission in the Prior
Lake Council Chambers at 4629 Dakota Street S.E. on:
.i�
PURPOSE OF HEARING: To consider a Conditional Use Permit for a single
family dwelling in an I -I Zoning District.
SUBJECT SITE LOCATION: 14091 Eagle Greek Avenue, Prior Labe. P/O SE 1/4,
NW 1/4, Section 26, Township 115, Range 22, we
attached legal description.
If you desire to be heard in reference to this matter, you should attend this meeting. Oral and
written comments will be accepted by the Planting Commission. For [tare information, contact
the Prior Lake Planning Department at 447 -4230.
Prior Lake Planning Commission
DATE MAILED: May 25, 1993
4629 Dakota St SE.. Prior take Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
PUBLIC NEARING TO CONSIDER AN AMENDMENT TO THE PRIOR LAKE ZONING
ORDINANCE 83 -06
You are hereby notified that a public hearing will be held by the
Planning Commission in the Prior Lake Council Chambers at 4629
Dakota Street S.E. on:
Thursday, June 3, 1993 at . 8:15 P.M.
The purpose of the hearing is to consider an amendment to Section
3.2 of the Prior Lake Zoning Ordinance 83 -6 to permit single
family dwellings as a conditional use in I -1 Special Industrial
Districts.
If you desire to be heard in reference to this matter, you should
attend this meeting. Oral and written comments will be accepted
by the Planning Commission. For more information, contact the
Prior Lake, Planning Department at 447 -4230.
Prior Lake Planning Commission
Published in the Prior Lake American May 22, 1993, and May 29,
1993.
4629 Dakota St SE, Prior Lake, MWmota 55372 / Ph (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPaRMM 04UNM
MLia 93 _
PIDO - s oo•
Y 44 o ir
N�. 1'' �• 1)I IP A • M •tl K.l• �+ Y ,'ri- l.:`'MJ
Applicant: El W o,, A L : Vi E- x h (A Bome Phone: Wer-13 e'V
Fork Phone: Y-17- YO 2n
Address: vv\rJ ssaa�;--
Section of Ordinance or Ctmp Plan Amendment
is requested for:
Describe Amendment:
Reasons for the request: May
SUMISSION s
(A.) Caopleted application form. (B.) Filing Fee. (C.) Parcel Identification
Number (PID). (D.)Certified Survey and Names of Property Owners Certified by an
Abstract Company if required by the Director of Planning.
ONLY COI• ErE APPLICATIONS SHALL BE REUINVED BY THE PE NNnG D"issQt.
7b the best of my knowledge, the information presented an this foa is correct.
In addition, I have reed Section 7.9 of the City Zoning Ordinance which
specifies the requirements for amendments. I agree to provide lnfonation and
follow the procedures as outlined in the Ordinance.
"V/ I e.0
Submitted this day of / %'.'''' 193 ApQlicantstu
r "J
Fee Owners Signature
WIS SMTION 70 BE PIILLED O(R BY ME PLAFDIIrG DIREMIOR
Y •• YI '.• J1 1A I JI 91 1 •
COMMONS-
Signature of the Planning Director Date
�� . D 93 -
P ID6 a; - Sac. -mac �
APPLICATION FOR CONDITIONAL USE PERUT
Applicant: 5- ! , . c f 0, '�i , G Game Phone:
Address• x//'4,5 e L a.� ar cam.., e r - . _ Work Phone: /
Property Qaner F !,. / Bane Phone:
Address: r Work Phone:
Consultant: Phone:
Address:
Proposed Conditional Us, Address:
Legal Description: -
Existing Use of Property*
Property Acreage: -% f — Present Zoning
Conditional Use Being Requested:
Deed Restrictions: � No _Yes If so, please attach.
Has the Applicant previously sought to plat, rezone, obtain a variance or conditional use
permit on the subject site or any part of it: _No Yes Request-
When:
WNSSION : (A)Completed application form. (B)Complete legal description and
parcel identification number (PM). (C)Filing fee. (D)Deed restrictions, if necessary.
(E)Fifteen copies of site plan drawn to scale showing existing /proposed structures.
(F)Additional information as requested by the Planning Director including but not limited
to: existing grades and buildings within 100 feet, drainage plan with finished grade and
relationship to existing water bodies, if any, proposed floor plan with use indicated plus
building elevations, landscape plan with schedule of plantings and screening, curb cuts,
driveways, parking areas, walks and curbing. (G)Certified from abstract firm the names and
address of property owners within 500 feet of the existing Property lines of the subject
property. (B)Application and supportive data are due 20 days prior to any scheduled
hearing.
ONLY OMMEPE APPLICATIONS S5f1Li. BE PWIEWED BY THE PLAMM OMMISSION.
1b the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.5 of the Zoning Ordinance which specifies the
requirements for conditional uses. I agree to provide information and follow the
procedure; as outlined in the Ordinance.
Fee
Date
c _
Date
N2DITIONS:
Signature of the Planning Director Late
• Opawn Sa. �+esslaer
1
PEPARED FOR
V®lley Surveying Co., PA.
ED VIEPL
SIATE MO -C. FRAM(LW TRAIL OFMCE CONO WM
...
19091 EAGLE CREEK BLVD,
48570 FRANKLIN TRAIL S.E.
PRIOR LAKE. MN, 55372
PRIOR LAKE, RMNNE90TA 55372
TELEPHONE (5I2)9c7.2570
re
— c eo.o z -_
4
Rj
1
I
5 NC
8
2.
V.
�
I F4
I
(�'xn4 f
z �i
_ A�•)yk
•y
F
_
Y`
x
e
(:
I
ly �
aoaw•.
CI
IwwwlY �Ip4
r
I u
II
. �
000umu.
ID4 ...s zw.ao rms r m mem 6a.m rm< m w sYU..m am.1.e
w
-
..
ea
p.een...s w.s.s t smum u. 7.n.esn 113, cmw s, 6mn
m Iae.sem M M. IasraM
���
Cure Y tlteketl ua4�im
i9 +�
imOmeY Wntlmt SIY.YJ Opi4 Y pave pl. u tlrn m ib
.unV M.ai.
SY�.tl MW nYe1W M.Y .Larttm
®Ymms pvpr0 r1N.pp .e.n LLennem
nqW 416.3} Y . Y.S W. Wt pe 4q.., ,
1 rsa
wy r r..w
.
� e.oesY pivryM 6tamnmLLrlNWe3 ...a4a.0
rlFw.lMlp�Irry
AM MAfa. �Y }�My l�
Srt W PnP WS R LLeartlm fPl.Y/
- caM llr/ W rSrK
o w oo
rrraw�r
rrr
s.s se. np w Wm .s LL...elm sv.w
�•
coast �A pCET
o D.e113 M �.am! w.
1m S.srec tame L .t LL..esW s1J.w
O.M ?
_ •• LYrp N0.01q
• Opawn Sa. �+esslaer
AGENDAITEM:
PLANNING REPORT
4
SUBJECT:
CONSIDER VARIANCE APPLICATION FOR MIKE
BRATTLAND.
PRESENTER:
HORST GRASER, DIRECTOR OF PLANNING
PUBLIC HEARING:
_ YES -X— NO
DATE:
JUNE 3, 1993
The purpose of this item is to consider a variance application for M)ke Brattland of 12914 Abbott Circle,
Burnsville, Minnesota. Specifically, the applicant requests the Planning Commission to grant a rural area
density variance for the SE quarter of the NR' quarter of Section 34, Township 115, Range 22, Scott
County, Minnesota in order to allow him to construct a home. :lte result of such a variance would allow
5 units per quarter /quarter section, legally described above. The variance was filed under Section
54 -1(N) of the Prior Lake City Code which restricts housing density in the "Agricultural Conservation
Districts located in the rural service areas defined in the Prior Lake Comprehensive Plan, to four
dwellings per each quarter /quarter section."
The subject site consists of Parcel E which contains 6.4 acres and is zoned C -1 Conservation and A -1
Agricultural. (See attached Exhibit A for reference to the site). Parcels A through H were divided by
metes and bounds in 1991 according to Subdivision Ordinance Section 6-10.1 (C). Ibis provision
exempts large parcels, meeting the conditions of the code, from subdivision requirements. The provision
allows large tracts of rural land to be sold (conveyed and recorded) without formally subdividing the land.
However, development of rural properties must conform to the rural service area policies and Zoning
requirements of the City Code.
At the time the property was divided by metes and bounds, Director of Planning, Horst Graser stipulated
that the rural density requirement (4 units per quarter /quarter section) would apply to the site. Within the
quarter /quarter section that the variance is requested, the four valid building permits apply to Parcel A, B,
G. and R Parcel H contains a large wetland and is riot buildable. ME Brattland purchased Parcel E,
which had a purred building area designated in the northeast part of the parcel (which is located within a
different quarter /quarter section than Parcels A, B. G. and F). The planned building site conforms with
the Zoning Ordinance and Comprehensive Plan.
DISCUSSION
In 1991, the owner of Parcel D requested to build a hone within the quarter /quarter section currently
petitioned by Mr. Maitland. Again, th a planned building site for Parcel D was in the north pan of the
parcel, located in a separate quarter/quarter section. That individual was able to secure an agreement
from Marc Hyland, owner of Parcels A and B. that in effect, transferred one building permit to the owner
of Pared D. Mr. Hyland gave up the right to build on one of his tracts in order to permit a home to be
located in the southern part of Parcel D. See attached Exhibit B for details of the agreement.
4629 Dakota St. SE, Prior Lake, Minnesota 55372 1 Ph. (612) 4474230 / Fax (612) 4474245
There is currently one home constructed within the subject quarter /quarter section on the south part of
Parcel D, one additional permit will be granted to either Parcel A or B, leaving two permits available for
Parcel G and Parcel ft The applicant requests a density variance in order to allow one additional dwelling
to be constructed on Parcel E as per attached survey. The variance would result in 5 units per this
quarter /quarter section.
1. Approve the density variance as requested citing specific findings of fact and hardship related to
the Ordinance, not provisions of the applicant.
2. Table or continue the item for further information
3. Deny the variance finding no hardship and inconsistency with the Zoning Ordinance and
Comprehensive Plan.
Alternative 3. A motion to deny the variance based upon lack of hardship and inconsistency with the
Comprehensive Plan and Zoning Ordinance.
The subject site is located within the rural service area and Zoned C -1 and A -1. The subject
quarter /quaver section is not planned to have public utilities until after the year 2010. Policy 2 of
the Comprehensive Land Use Plan specifies that "The mail service area of Prior Lake will serve
as a holding and/or transition zone permitting open space land uses. The objective is to preserve
large tracts of land which will accommodate future urban planned development" Further "City
policy of encouraging construction where public services are available will be accomplished
through a rural service density of 4 nulls per quarter /quaver section preferably on non- tillable
land. Prior Lake's rural area policy is not a preserve for purely agricultural uses but may be
described as a holding zone which permits among other uses, open space land uses designed for
orderly transition to urban services." This language was adopted by th City on September 21,
1992.
The proposal is inconsistent with the Comprehensive Plan.
B Zoning Ordinance 83 -6 Section UK "In the Agricultural and Conservation Districts located in
the rural service area as defined in the Prior Lake Comprehensive Plan, four (4) dwellings per
each quarter quaver section shall be permitted provided: Other faun or non -farm dwellings
present would not exceed an overall density of four (4) units per quaver /quaver section.
The proposal is inconsistent the the Zoning Ordinance.
BI Variance Hardship Standards:
1. Literal enforcement of the Ordinance would result in undue hardship with respect to the
property.
The property was divided by metes and bounds in 1991 with the planned building site to be In the
northeast part of Parcel E in order that the parcels comply with existing Zoning and
Comprehensive Plan regulations. The applicant has a total of 6.4 acres which is sufficient area to
locate one dwelling, consistent with the Zoning Ordinance.
Another option would be for the applicant to obtain a similar waiver from the owners of Parcels P
and G to allow the building pad to be located within the subject quarter /quarter section. This
alternative would not require a variance from the City of Prior Lake.
2. Such unnecessary hardship results because of circumstances unique to the property.
3. The hardship is caused by provisions of the Ordinance and is not the result of actions of
persons presently having an interest in the property.
The hardship in this case is not associated with the property nor the result of the City of Prior
Lake but is caused by proposed actions of the applicant.
4. The variance observes the spirit and intent of this Ordinance, produces substantial justice
and is not contrary to the public interest
The variance requested directly conflicts with the Comprehensive Plan and Zoning Ordinance and
is therefore contrary to the public interest Other variance applications for rural service area
density increases have been denied with the exception of the Bohlen and Henning variances
granted upon specific findings of fact This application is not consistent with the Findings of Fact
dated October 15, 1992. (See Exhibit Q. Specifically, the subject site was not previously platted
by Eagle Creek Township: the quarter /quarter section is not urban in nature: the applicant's parcel
consists of 6A acres divided by metes and bounds in 1991, and planned for development in an
area of the parcel which conforms to City Ordinances: the site is not a residue property: there are
no adjacent neighborhoods nor is there precedent for small coral subdivisions adjacent to the site.
6-3`1 df. 33r_^'.
vA✓4 -93 -/0 Rtr
Pmt 1EL0040 _3
hone: 89x1- y13a-
hone: R&J 0303
tone:
hone:
Agreement
consultant/Contractor. Phone:
of grope �
Use
of � A 1 Property: VRC.IY LAaJD Present Zoning:
Legal Description .
of Variance Sire: ,u 0 uA.t�
Has the applicant previously sought to plat, rezone, obtain a v riance or conditional
use permit on the subject site or any part of it? Yes ND
What was requested:
W Disposition:
Describe the type of improvements proposed:
SUBMISSION REaDIREKENlS
Woompleted application form. (B)Piling fee. (C)Property Survey indicating the
proposed development in relation to property lines and/or ordinary -high- water mark;
proposed building elevations and drainage plan. (D)Certified from abstract firm,
names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Cmvlete legal description & Property Identification Number
(PID). (P)Deed restrictions or private covenants, if applicable. (G)A parcel map
at 1 -50' showing: The site development plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
•, •.,,u FIN u : m: nxcy Y • :.yNUW : V 1 111 ZJ TI a.aa -J bri K 1 4 ��
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to provide information and follow the
procedures as outlined in the Ordinance.
A'ppl s Signature
Submitted this a-day of P2xL 19X3 I „ � k
rs Signature
THIS SPACE IS 7U BE PII,LID OUT BY THE PLANNING DIR9=OR
u .. x r •.,. » 1101 o-� �4= r. ❑ate
M u yx • •:. ;. ,.a o-, - r.' oar •�
CONDITIONS:
Signature of the Planning Director Date
I
1
1
9
1 ?RACY& C
1 pR,acel o
1 i
9 40 R005
1
1�
60 ROu
253
u �
R [
M �
N `
N `
' �,ae2lc
APPROVED BUILDING
PROPOSED
BUILDING SITE
pAauL O
\ 1
\�\ ?ARM F
RENEE EL115 8 ET l %0% ,
11
253721 Tom\
p11KR A \ �
\ l
pA1Ka M ppKelb \ \
3Trtsuad \ �\
\` \ \37qb
,"
4.30 Ar
11"Iq
3e
ISyn
i�
WilElm Veiilt:Wu for:
➢LXE'BRATTLXXO
Earth lim Of tM 51 -----
Of the Xi of tM ME1
r S83•MJ'57
37a —.
—
/
Sul.: 1 1mX • 100 feet
P$
. p r: TOtel M. -,3A e.. ft,
5 9.il.lm S ct Lim l E SW M W XE} ) )
t kg I 31
Sd 6 � A o
` 1
NB1.10'49'E 913.28 r " t
My �OUVeye tVPWf '`
p � W
p � �, • 0erohs iTU .memR Taetl
^�• 0emhi w011m Smt eleretim
0elntes M0 Mffei f0 feet '
as;..
ex.
iOf of the S XE# Of tiM 3i• MI.I.SM 0eeemnt nw •
0 115, Xeme 22
WE
PARCEL I
14625 Ac.
e EXISTING HOME
PARCEL C
PARCEL 8
6.365 A,. �
HYLAND PARCEL
WETLAND
L A PARCEL M
w e 466E A,.
At w
BAST QUA LERSE
TION 34
, N. I's N ft N.(. 114
1
SITE
L
0
o
y �" EXHIBIT A
;l• N f1
154 TM
COUNTY ROAD 62
e1e
EE
,
PARCEL D
; PA cE
E
6,426 A c
,
I •,e.\r�
PARCEL
6
EXISTING HOME
.. 'r
p
e A�a* PROPOSED
1•�``
N'2.'a
`
v c \. \� HOME SIT
6:40,
.•m.r
�N
SITE
L
0
o
y �" EXHIBIT A
;l• N f1
154 TM
COUNTY ROAD 62
e1e
I ,
el
I •,e.\r�
PARCEL
F
RS
$A 23 An
�
3
9
PARCEL 8
EC09
SITE
L
0
o
y �" EXHIBIT A
;l• N f1
154 TM
COUNTY ROAD 62
e1e
AGREEMENT
This agreement is made on 1991, between
Thomas A. Hoff and Karen M. Hof , nusband and wife, (Hoffs), and
Mark S. Hyland and Julie M. Hyland, husband and wife, ( Hylands).
RECITALS
A. The parcels of Scott County land that are the subject of
this agreement are referred to for convenience by single letters
that appear on the survey of the property, a reduced copy of
which is Exhibit A to this agreement. Their legal descriptions
appear on the attached Exhibit B.
B. Hoffs are the fee owners of Parcel D. Hylands are
contract for deed vendees on Parcels A, B and I.
C. The City of Prior Lake, under its current ordinances, may
grant no more than four building permits within a quarter quarter
section of land. The City has reserved building permits for the
Sw% of the NE% of Section 34, Township 115, Range 22 to Parcels
A, B, F and G.
In the NE% of the NE% of 34- 115 -22, the City has reserved
building permits for Parcels C, D, and E, and the property
covered by Certificate of Title #1062.
D. Hoffs wish to construct a home on Parcel D, but within
the SWA NEST. Hylands wish to have a building permit reserved for
Parcel I. Hoffs and Hylands have agreed that Hylands will in
effect transfer a building permit right for Parcel A or B to
Hoffs, so that Hoffs can build their home on the portion of
Parcel D located in the SW% NEST. In return, Hoffs will in effect
transfer their right to a building permit on the portion of
Parcel D in the NEST NE%, to Parcel I.
AGREEMENT
Based on the foregoing recitals, the parties agree as
follows:
1. Hylands hereby waive the right to have more than one
building permit granted in the combined area of Parcels A and B;
that is, if a building permit is applied for and granted on
Parcel A, no building permit can be granted on Parcel B, and vice
versa. They further irrevocably consent to application by Hoffs
and granting to them of a building permit for the portion of
Parcel D that lies within the SW% NEST, waiving any right to
object thereto.
2. Hoffs hereby waive the right to have a building permit
granted for the portion of Parcel D within the NE% NEST, and
irrevocably consent to reservation and granting of a building
permit for Parcel I, waiving any right to object thereto.
EXHIBIT B
3. This agreement shall bind and benefit the parties, their
successors, personal representatives and assigns, and the rights
and obligations herein shall run with title to Parcels A, B, D
and I.
T HOMAS A. H FF MARK S. HYLAND
Kt qt -- &I fib,+, W- .4 t� 4
KAREWM. HOFF VV JU IE M. HYLAND
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT )
The for instrument was acknowledged before me this ��!
day A/Oa� 1991, by Tho . Hoff and Karen M. Hoff,
husband an d wife. .iM
STATE OF MINNESOTA)
)ss.
COUNTY OF SCOTT }
The o sgoing 1
day of Aosall
husband an w e.
This instrument was drafted by:
-2-
TO: PLANNING COMMISSIONERS
FROM: HORST W. ERASER
RE: HAROLD BOHLEN VARIANCE FINDINGS
DATE: OCTOBER 15, 1992
On September 17, 1992, the Planning Commission considered and
approved the Harold Bohlen variance granting him one additional
building permit for his 26 acres located at 13380 Hickory Avenue.
The Commission instructed Staff to prepare facts and findings
based on the Commission discussion and directions.
1. Approximately one half of the two subject
quarter /quarter sections were previously platted into 2
to 3 acre lots under the jurisdiction of Eagle Creek
Township.
2. As a result of the previous platting the subject
quarter /quarter sections are urban in character and
zoned R -1 and C -1 to reflect higher residential density
and environmentally sensitive lands.
3. The applicant's parcel consists of 26 acres.
4. The subject property is a residual piece of property in
two urbanized quarter /quarter sections. It is adjacent
to the City of Shakopee which provides for a greater
density in their rural service area.
5. The proposed lot size is consistent with the 4 per 40
acres concept found in the Comprehensive Plan.
6. The neighborhood was supportive of one additional
residential unit.
7. Because of the unique circumstances, the variance is a
reasonable deviation of Prior Lake's Zoning law,
promotes fairness and equity, and is not contrary to the
general health and welfare of the community.
S. The applicant has agreed to execute and record an
agreement with Prior Lake restricting the issuance of
additional building permits for any residential units on
the 26 acres until public sewer and water is available.
The applicant further agrees to restrict the location of
the one additional residential unit granted under this
permit to that part of the 26 acres lying west of the
township road in the South half of the Southwest Quarter
of the Northeast Quarter, all in Section 23 Township 115
Range 22, Scott County, Minnesota.
EXHIBIT C
4629 Dakota St. S.E., Prior take, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
AN EQUAL OPPOR UNMY EMPUYYER
/ P /
\ NESO�
"VA10PN"
NOTICE OF HEARING
FOR
VARIANCE
You are hereby notified that a hearing will be held by the
Planning Commission in the Prior Lake Council Chambers at 4629
Dakota Street S.E. on:
THURSDAY. JUNE 3, 1993 at 8:30 P.M.
PURPOSE OF HEARING: To consider a variance application for
Mike Brattland of 12914 Abbott Circle,
Burnsville, MN 55337.
SUBJECT SITE LOCATION: Parcel E (see attached survey for legal
description).
REQUESTED ACTION: The applicant requests a variance from
the Prior Lake Zoning ordinance to build
a home in the location indicated on the
attached survey. The Zoning Ordinance
permits 4 homes per quarter /quarter
section (40 acres). When the subject
site was subdivided approximately 2 years
ago, the permitted building site was to
be located on the northeast part of the
parcel. The applicant desires to locate
the home near Foxtail Trail which would
result in an increase in density within
that quarter /quarter section to 5 homes.
In order to construct the home in the
location proposed, the applicant requests
the Planning Commission to grant a
density variance to allow 5 homes within
the SE quarter of the NW quarter of
Section 34, Township 115, Range 22, Scott
County, Minnesota.
If you desire to be heard in reference to this matter, you should
attend this meeting. Oral and written comments will be accepted
by the Planning Commission. For more information, contact the
Prior Lake Planning Department at 447 -4230.
Prior Lake Planning Commission
DATE MAILED: May 21, 1993
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORrUNfrY EMPLOYER
"VA11PR"
AGENDAITEM:
SUBJECT:
APPLICANT:
SITE ADDRESS:
PUBLIC HEARING:
DATE:
5
VARIANCE
DOUGLAS AND LINDA BRINKMAN
4579 LORD'S STREET
JAMES HAYES, ASSOCIATE PLANNER
_YES XJVO
JUNE 3, 1993
HISTORY/BACKGROUND:
The Planning Department has received a variance application from Douglas and Linda Brinkman
of 4579 Lord's Street. The applicant proposes to add a 4 foot by 26 foot balcony deck over the
existing driveway as per attached survey. The existing single family dwelling already has a legal
non - conforming setback of 19' from the lakeshore. The proposal will not encroach on this
existing setback, but the following variances are requested in order to construct the
improvements as proposed:
1. 56' lakeshore variance from the 75' setback requirement.
2. 13% impervious surface variance from the 30% impervious surface requirement.
PREVIOUS PROPOSALS
There are no previous proposals on file for the subject site.
PHYSIOGRAPHY
The site slopes from the street to the lakeshore and the existing home is located in the floodplain
of Prior Lake. The low floor elevation is 908.16
AIUAC ENT USES
The adjacent properties are developed with single fancily homes. This neighborhood was
constructed in the 1960s and has seen numerous improvements since that time.
EXISTING CONDITIONS
The survey indicates the location of the existing home and driveway. The subject site contains
11,764 square feet above the 904 elevation. The existing attached garage is located
approximately 19' from the 904 contour. Major features of the site include a 25' street
right -of -way easement on the north end of the site, and a large area of driveway which runs along
the eastern edge of the lot. This large area of concrete amounts to a 43% impervious surface ratio
4629 Dakota St. SE., Prior Lake Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
. _ _ the tot, well above the 30% allowed in the Shoreland District. In addition, the existing
setback from the lakeshore is a legal nonconforming setback of 19'. Finally, a building permit
w as issued May 12, 1993 for patio and deck improvements to take place over the existing garage.
T is was allowed because the non - conforming lakeshore setback was not going to be increased.
Staff researched and found that four variance files exist for the eleven lots located on the eastern
peninsula of Martinson's Island. The attached map indicates the lots which have received
variances. For two of the lots, one variance was granted; one lot was granted two types of
variances; and one lot received four variances. The variances received were one or a combination
of lakeshore and side yard variances. In every case, a lakeshore variance was granted ranging
from 15 to 55 feet in distance. Two of the four variances were granted prior to the 1987 adoption
of the Shoreland Ordinance therefore, lot area and impervious surface coverage were not
considered In addition to the variances granted, a majority of existing homes are located at
various setbacks, most of which are not compliant with Prior Lake zoning standards.
NEIGHBORHOOD IS iESAWACTI ONCFRNS
This is a well established neighborhood with various structures located within the Prior Lake
floodplain and situated at various setbacks from all property lines and the 904 contour of Prior
Lake. This neighborhood has been in transition for many years and has a number of structures
that have been renovated or removed and rebuilt. There is only one vacant lot located on the
peninsula.
AIT .RF NATIVFC
1. Approve the application as submitted. The applicant proposes to add a balcony deck over
the existing driveway located 19' from the 904 contour. This would require a Lakeshore
variance of 56' from the 75' requirement. In addition, the existing 43% impervious
surface ratio would not be increased, but the applicant is requesting this variance so that
construction may proceed.
2. Table or continue the variance for specific reasons.
3. Deny the application based upon findings and facts relative to the hardship criteria of the
Zoning Ordinance, inconsistency with precedent or.other purposes related to the Zoning
Code.
1. Literal enforcement of the Ordinance would result in undue hardship with respect to the
property.
The proposal will not cause further encroachment nor increase impervious surface
coverage over what already exists. The addition consists of a second floor walkway
similar to others common to Lakeshore homes.
3. Such unnecessary hardship results because of circumstances unique to the property.
Rationale for granting the variances is that similar setbacks are prevalent on other
structures in the neighborhood, and the location of the structure was determined by a
former government jurisdiction. The existing structure has a legal non - conforming
setback which is not proposed to be increased.
3. The hardship is caused by provisions of the Ordinance and is not the result of actions of
persons presently having an interest in the property.
The hardship is not the result of the applicant nor the City of prior Lake, but the result of
former platting and zoning standards of Eagle Creek Township.
4. The variance observes the spirit and intent of this Ordinance, produces substantial justice
and is not contrary to the public interest.
The proposed improvements observe the spirit and intent of the Ordinance in that it is not
encroaching on the setback any more that already exists. Substantial justice would be
realized by allowing the applicant to improve the property with regard to the adjacent
neighborhood The proposed addition is not contrary to the public interest in that the
impervious surface ratio, nor the legal non - conforming setback are being increased.
1
Y U ••' a
Applicant: Douglas E. Brinkman g
gcm phone :447•°5817
Address: 4574 Lords Street, Prior Lake W
Work Phone: WT - M - 67 --
Property Owner: Same S
S 40e Ph
Address: W
Work Phone-
Type of Ownership: Fee Contract P
Purchase Agzeenent
Consultent/Contractor° P
Phone.
Existing Use
of property: Resident P
Present Zoning: R -1 / S
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? Yes X ND
What was requested: N/A
When: D isposition:
Describe the type of iWrovements proposed Extend deck over garage 4 ft to meet hous
Extend-entry 3 _ft to enlaree.
(A)Cmwleted'awlication form. (B)Filina fee. (C)Prarerty a:rvev inAi,ati,vr ♦h.
names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Ccmplete legal description a Property Identification lamber
(PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map'
at 1•-20 -50 showing: The site develop plan, buildings: parking, loading,
access, surface drainager landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALL BE ACCEPTED AND REVIEWED BY TEE PLANNING COMMISSION.
To the best of my knowledge the information presented on this fob is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree provide information and follow the
procedures as outlined in the Ordinance. Y /�
Submitted this &day of S 93 �icant��sA c S , uture --�J
7SIS SPRCE IS TO BE FITS, OUT BY THE pLANNIM DIRECTOR
PLANK= COMMISSION — APPWW DENIED MTE Or #00I*
CITY COUNCIL APPEAL _ APPrOM DENIED MTE OF HEARING
COND ITIONS:
Signature of the Planning Director Date
' VA11PN'
.Cil7�iCis • 71s: i l\
MM l a
You are hereby notified that a hearing will be held by the Planning Commission in
the Prior Lake Council Chambers at 4629 Dakota Street S.E. on:
PURPOSE OF HEARING:
SUBJECT SITE LOCATION:
REQUESTED ACTION:
To consider a variance application for
Douglas and Linda Brinkman of 4579 Lord's
Street.
4579 Lord's Street, see attached legal
description
The applicant proposes to add a 3 foot by 6
foot entry way, and 4 foot by 26 foot deck
onto an existing single family home. In order
to construct the proposed improvements, the
following variance is requested: 56' Lakeshore
variance from the 75' lakeshore setback
requirement.
If you desire to be heard in reference to this matter, you should attend this meeting.
Oral and written comments will be accepted by the Planning Commission. For
more information, contact the Prior Lake Planning Department at 447 -4230.
Prior Lake Planning Commission
DATE MAILED: May 24, 1993
4629 Dakota St. SE_ Prior Lake Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
A TRACT OF LAND IN GOVERNMENT LOT 6, SECTION 35, TOWNSHIP 115
NORTH, RANGE 22 WEST, SCOTT COUNTY, MINNESOTA, DESCRIBED AS
FOLLOWSs COMMENCING AT A POINT THAT IS 220.28 FEET NORTH AND 328.53
FEET EAST OF THE NORTHWEST CORNER OF LOT 1, IN THE PLAT OF MAPLE
PARK SHORE ACRES, SAID POINT BEING ON THE CENTER LINE AND EAST EDGE
OF A CONCRETE BRIDGE; THENCE NORTH 83 DEGREES 00 MINUTES MAST A
DISTANCE OF 129.0 FEET; THENCE SOUTH 81 DEGREES 00 MINUTES EAST A
DISTANCE OF 112.4 FEET; THENCE NORTH 61 DEGREES 34 MINUTES EAST A
DISTANCE OF 113.0 FEET; THENCE NORTH 54 DEGREES 57 MINUTES EAST A
DISTANCE OF 264.45 FEET; THENCE NORTH 73 DEGREES 17 MINUTES EAST A
DISTANCE OF 450.0 FEET TO THE ACTUAL POINT OF BEGINNING; THENCE
NORTH 77 DEGREES 54 MINUTES EAST A DISTANCE OF 110.0 FCET; THENCE
SOUTH 17 DEGREES 06 MINUTES EAST A DISTANCE OF 160.0 FEET MORE OR
LESS TO THE HIGH WATER MARK OF PRIOR LAKE) THENCE SOUTHWESTERLY
ALONG SAID HIGH WATER MARK TO ITS INTERSECTION WITH A LINE BEARING
SOUTH 12 DEGREES 06 MINUTES EAST FROM THE ACTUAL POINT OF
BEGINNING; THENCE NORTH 12 DEGREES 06 MINUTES WEST A DISTANCE OF
35.9 FEET MORE OR LESS TO THE ACTUAL POINT OF BEGINNING.
EXHIBIT "A"
I;
l�� "'
tit of 3 0
1 180333
a I '
M -0
j .
o ' er
e
1 21 087
11 `
10
V
9
B
T .,
G � �
i'� •' •Q 2
PROPERTIES GRANTED VARIANCES
1 I z=
]
6
3
O
v
PL2 2854D
1
/�
N
ppW
it
.JgpD
M -0
j .
o ' er
e
1 21 087
11 `
10
V
9
B
T .,
G � �
i'� •' •Q 2
PROPERTIES GRANTED VARIANCES
1 I z=
]
6
3
O
v
r:
1
r:
M
t
SURVEY PREPARED FOR: valley surveying Co., PA.
DOUG & LINDA BRP"AN SUITE Ito -c r IWO FRANKLIN TRAIL
4579 LORD Sr. FRANKLIN TRAIL OFFICE CONDOMINIUM -
OR LAKE,
PRIOR LAKE, MM. 55372 TELEPHONE (51 447-2570 55 372 _
1
• rc. tm.w n. wrnrr � sa.sarr. cur
ar me °rr °ar,ar �m �. •w.s narr
asK aura
__ rs
° c sp emt �M
r �.OV
1I�E
PRIOR s
y am.
ash rT I s�
PROPERTY DESCRIPTION AS PROVIDEDx_.. ._.
A tract of land in Government Lot S. Section 35, Township 115, Range 22, Scott
County, Minnesota described as followss
Commencing at a Point that is 220.28 feet north and 328.53 feet wt of the
h
north er Lot 7. in the Plat of Maple Peek Shore said 83
being ..
being on the a cent and "at edge of a concrete ba'id8si the then nce North B3
dogmas 00 minutes East a distance of 129.0 feet; theme South 81 degewg 00
minutes East a distance of 112.4 feet; then,* North 61 degrees 34 minutes meet a
distance of 113.0 feet; thence North 54 degrees 57 minutes Peat a distance of 1
264.45 feet; theme North 73 dogmas 17 minutes East a distance of 450.0 feet to
the asthal point of beginning{ thane North 77 degrees 54 minutes East a
distance of 110.0 feet; thence South 17 degrees 06 minutes Put a dint w of
160.0 fast mom or leas to the high water mark of Prior Vkmi theme
southwesterly along said high water mark to its intersection with a line bowing
South 12 dogmas 06 minutes rest from the actual point of beginning, trope
North 12 degrees 06 minutes Nest a distance of 35.0 fast mom W leas to the
actual point of beginning.
x
O 30 80 Iaeey ashy MatfNewyesapweoa/
yob a wyr sy k s"whoo emlerl
SCALE IN FEET Imo a a* aawnne ley Berg wbr b
Is, Seen, O ` MNIIwN N! M a
Liam, Na 10183 pep Lls�.g1eN —_
• ' Vomw inn marmot pwy
6"0nwn K K. "I eel I .
FILE Non YOU WOK IM PIKE 03
SPECIAL PLANNING COMMISSION
AGENDA
Tuesday, June 15, 1993
7:00 p.rrL Call meeting to order.
7:00 p.m. 1. Public Hearing to consider Industrial Standards for Business
Office Park.
Other Business
a)Discussion on Tree Preservation Ordinance
proposal
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.
4624 Dakota St. SS, Prior Lake, Minnesota 55372 / Ph. ,612) 4474230 / Fax (612) 4474245
M EQUAL OPPORI1,74rY EMPLOYER
r f7
TO: PRIOR LAKE PLANNING COMMISSION V `�—
FROM: KAY KUHLMANN, ASSISTANT CITY NANAGK
SUBJECT: BUSINESS PARK ZONING STANDARDS
DATE: JUNE 3, 1993
The Prior Lake staff and Economic Development Committee have been
working to create Business Standards for the City's I -2 Zone.
The proposed Industrial Standards are being upgraded and
redesigned in order to accommodate the goals of the newly created
Waterfront Passage Business Office Park.
Back in March of 1993 I attended a Planning Commissions meeting
along with Phil Carlson a consultant hired to assist the City in
drafting the Standards. Mr. Carlson is a consultant planner with
Dahlgren Shardlow and Uban, a consulting, planning and landscape
architect firm. Mr. Carlson walked through the intent and the
rationale for having Standards and what the Standards should
reflect in practical application. The intent of that meeting was
to bring the Planning Commission up to speed with general
background information on Standards.
The intent of this memo is to give the Planning Commission a
draft of Standards so that they have plenty of time to review the
Standards for the special meeting established for June 15, 1993.
The Standards will be distributed by City Planner Horst Graser at
the Planning Commission meeting tonight. A complete presentation
will be made on June 15 by Phil Carlson. Economic Development
Committee members and staff people will be in attendance on June
15, 1993 to address any questions and discuss in detail with the
Planning Commission the Standards.
I would like to point out one difference in opinion regarding the
Business Park Zoning Standards. Staff has prepared, in
conjunction with the EDC Standards that are attached (pages
1 -4) The Economic Development Committee agrees with this draft
submittal with one exception. Attached at the end labeled 'EDC
Recommendation for Signage' is the only area where staff and the
Economic Development Committee disagrees. On page 4 of the
Business District Standards is the section labeled 'Signage'
staff agrees with the Standards submitted in the original copy.
The Economic Development Committee would support the alternate
proposed on the last page of this packet. Please review both and
be prepared to address both on June 15.
The process outlined for the adoption of the Business Park
Standards would be to have the Planning Commission host a Public
Hearing on June 15. If possible adopt the Standards and make
recommendations to the City Council for adoption on June 21v
Thank you for your consideration. If you have any questions
prior to the Planning Commission meeting, please feel free to
call me at 447 -4230.
4629 Dakota St. S.E., Prior Lake, Minnc:ota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
AN EQUAL OPPO M EMPLOYER
CITE' OF PRIOR LAKE BP BUSINESS PARK ZONING DISTRICT (Draft 5 /20/93)
Intent. It is the intent of this section to promote high standards of design and construction for
business park uses in the City. These standards are set forth in order to enhance the visual appearance
of the Business Park Districts within the City, to preserve the taxable value, and to promote the public
health, safety, and welfare.
Development Review Committee. Any construction or alteration of buildings, structures,
equipment or property within the BP District which requires a building permit under the provisions of
this Code must be reviewed by the Development Review Committee (DRC). The DRC shall consist
of at least three members of the City staff to be appointed by the City Manager. It shall be the
responsibility of the DRC to review all plans for proposed development within the BP District. If the
DRC determines that the plans comply with the intent and standards of the BP District, a building
permit may be issued All decisions of the DRC may be appealed to City Council, whose decision
shall be final. The City Council may refer such an appeal to the Planning Commission fast for a
recommendation.
The DRC shall develop, with the approval of the City Manager, specific submission requirements and
procedures to be followed for processing pemtit applications in the BP District.
Permitted Uses. Permitted uses in the BP District are:
a) Offices
b) Manufacturing, fabrication, compounding, processing, packaging, treatment and/or
assembly of products, goods and dal
c) Fa.P,u�t;�!t uality�a bmldwgsand- storages
d) Wholesale use occurring within an enclosed building, but not involving live animals.
e) Warehouse, enclosed storage.
f) Business services.
g) Blueprint, photostat, and printing shops.
h) Research and teseng laboratories.
Conditional Uses. Uses allowed by Conditional Use Permit in the BP District are:
a) Storage or parking of vehicles larger than one ton capacity, provided that such vehicles
are associated with a business in the principal structure on site and are screened from
view of adjacent residential property and public streets in accordance with the City's
landscaping and screening ordinance. IAA*f-, a,C
b) Outdoor storage of an area no larger than 50% of the floor area of th ,
provided it is screened from view of adjacent residential property and public streets in
accordance with the City's landscaping and screening ordinance.
c) Public buildings.
d) Animal and veterinary clinics, provided all animals are kept within the principal
structure.
e) Heliport
t) Retail sales or services to the public, provided that such use�occupies no more than two
thousand square feet of floor area in the principal structure.
Prior Lake Business Park District page 2
Accessory Uses. Accessory uses allowed in the BP District are:
a) Parking lots or parking structures for permitted or conditional uses.
b) Structures to enclose trash handling equipment and recycling equipment if built in
accordance with the standards of this section.
c) Radio transmitters, microwave, and telecommunication towers, subject to Sections 5.2
and 6.12 of the Zoning Ordinance.
d) Outdoor display of products which are manufactured or assembled on the premises, in an
area not to exceed 500 square feet, and which is paved with asphalt, concrete, or other
hard surface and clearly delineated as outdoor display space.
Lot Requirements. The minimum lot size in the BP District shall be one acre, and the minimum lot
width, 100 feet. No more than 35% of any lot shall be covered by buildings.
Required Setbacks. Within the BP District the following minimum setbacks shall apply:
Arterial & Collector
Drive Aisle, Ground Sign (abutting a Residential District)
Design Standards in the BP District.
Building Materials_ Exterior building materials of all structures shall be one of, or a combination of,
the following materials:
a) face brick;
b) stone;
C) glass;
d) architecturally treated concrete;
e) decorative concrete block whose color and texture is integral to the material (if not
more than 50% of the building elevation facing any roadway), plain, flat unpainted
concrete block is not allowed, nor is any type of painted concrete block;
f) cast -in -place or precast concrete panels;
g) metal panels with interlocking, concealed, or tongue- and -groove seams and concealed
fasteners, if the exterior surface finish is warranted by the manufacturer for twenty
years against blistering, peeling, cracking, flaking, checking, or chipping (if not more
than 50% of the building elevation facing any roadway);
Front
Side
Beat Baadl=
Structure
30 feet
20 feet
30 feet 50 feet
Structure
75 feet
75 feet
75 feet
(abutting a Residential District)
Parking Area,
15 feet
10 feet
10 feet 30 feet
Drive Aisle, Ground Sign
Parking Area,
30 feet
30 feet
30 feet
Drive Aisle, Ground Sign (abutting a Residential District)
Design Standards in the BP District.
Building Materials_ Exterior building materials of all structures shall be one of, or a combination of,
the following materials:
a) face brick;
b) stone;
C) glass;
d) architecturally treated concrete;
e) decorative concrete block whose color and texture is integral to the material (if not
more than 50% of the building elevation facing any roadway), plain, flat unpainted
concrete block is not allowed, nor is any type of painted concrete block;
f) cast -in -place or precast concrete panels;
g) metal panels with interlocking, concealed, or tongue- and -groove seams and concealed
fasteners, if the exterior surface finish is warranted by the manufacturer for twenty
years against blistering, peeling, cracking, flaking, checking, or chipping (if not more
than 50% of the building elevation facing any roadway);
Prior Lake Business Park District
Page 3
h) stucco or other cementitious coating applied in a manner so as to create a harmonious
design with other exterior materials.
Additions. Alterations_ and Accessory S , , res All subsequent additions, exterior alterations, and
accessory structures, built after the construction of the original building or buildings shall be of the
same materials as those used in the original building and shall be designed to conform to the original
architectural concept and general appearance. These provisions shall not prevent the upgrading of
the quality of materials used in a remodelling or expansion project.
Ocher SMUct rtes. Garages, screen walls, exposed areas of rem
ining walls, ; and other eras o exposed
permanent materials shall be of a similar type, quality and appearance as the principal structure.
These provisions shall not prevent the upgrading of the quality of materials used in a remodelling or
expansion project.
Paying and CLrbine. All parking areas and drives shall be constructed of concrete, blacktop, or
similar durable hard surface free of dust. The periphery of all parking areas and drives shall be
constructed with poured -in -place concrete curbing.
Utility EQ uio n All utility equipment, such as heating and ventilating equipment, meters and
other devices shall be completely screened from eye -level view of adjacent properties and streets. If
on the ground, the equipment shall be screened with a screen wall, berm, or landscaping. If on the
roof, the equipment shall be screened with a parapet or screen wall of materials compatible with the
principal structure. Vertical or horizontal wood slats, fencing or similar material are not an
acceptable screening material.
Loading and Service Areas. All loading and service areas shall be completely screened from
eye -level view of adjacent residential properties and adjacent sheets, except at driveway access
points. Exterior loading docks or other provisions for handling materials brought to or removed from
the site shall be on those sides of buildings which do not face any roadway or proposed roadway.
Mashli4ndUM Dumpsters, trash, trash handling equipment, and recycling equipment shall be
stored within a principal structure or within an accessory structure of the same materials as the
principal structure which is completely enclosed with doors dmW19se and a roof.
C
fighting Lighting fixtures shall be of a downcast, cutoff type, concealing the light source from view
and preventing glare from spilling into residential areas. Lighting levels shall be measured in foot
candles five feet off the ground or floor level. The following light levels shall be met:
Lot line of adjacent
residential property:
0.5 foot candle maximum
Open parldng areas:
Covered parking facilities/night (minimum):
General parking & pedestrian areas
Ramps & comers
Entrances & exits
Stairwells
1.0 foot candle minimum
5 foot candles
5 foot candles
5 foot candles
20 foot candles
Prior Lake Business Park District
Coveted parking facilities/day (minimum):
General parking & pedestrian areas
Ramps & corners
Entrances & exits
V.__ II
Page 4
5 foot candles
10 foot candles
50 foot candles
tarxwe s 20 foot candles ✓.
1
Signage. No advertising or identification signage shall be permitted on any building exterior in the
BP District, except for address numbers no taller than twelve inches high nor less than four inches
high. Each property shall be allowed one free - standing ground sign no higher than six feet off the
ground and no more then 80 square feet in area, as well as a reasonable number of directional signs,
each no more than six square feet in area and no taller than six feet, for the purpose of indicating
entries and exits, and other information necessary to direct people to areas on site.
._ 1'n 3c�¢� ,ti av-+ �,y w• _�..vt�' C.: <G E
Noxious Matter, The emission of noxious matter shall be controlled so that no such emission
crosses the lot line of the property from which it originates. Noxious matter shall mean any solid,
liquid or gaseous material, including but not limited to gases, vapors, odor, dusts, fumes, mists, or
combinations thereof, the emission of which is detrimental to or endanger, the public health, safety,
comfort or general welfare, or causes damage to property. The operator of the facility shall comply
with a regular inspection schedule as approved by the City and shall submit reports of such
inspections to the City.
Restricted Operations. Uses which because of the nature of their operation are accompanied by an
excess of noise, vibration, dust, dirt, smoke, odor, noxious gases, glare or wastes shall not be
permitted. Noise, odors, smoke and particulate matter shall not exceed Minnesota Pollution Control
Agency standards. Glare, whether directed or reflected, such as from spotlights or high temperature
processes, as differentiated from general illumination, shall not be visible beyond the lot line of the
property from which is originates.
Exceptions for Legal Non - Conforming Structures. For properties with existing development that
aze rezoned to BP, the following exceptions will apply. For legal non - conforming structures in the
BP District, new construction projects for repair, remodeling, or additions to the structure do not
need to meet the standards in this section if the construction increases the size of the building by less
than ten percent, or if it increases the assessor's market value by less than twenty percent.
Construction projects involving a building expansion between ten and fifty percent of the size of the
building or an increase in assessor's market value between twenty and fifty percent of its value need
not meet all the standards of this section, but will be required to meet a reasonable proportion of the
requirements as detemtined by the DRC.
For the purposes of determining compliance with the standards in this section, site work not
involving the structures on site shall be considered separately from work on the structures. For legal
non - conforming uses in the BP District, new construction projects for repairs, remodeling, or
additions to the parking lot, outdoor spaces, landscaping, or other exterior areas do not need to meet
the standards in this section if the construction increases the size of these areas by less than ten
percent. Construction projects involving an expansion of exterior space between ten and fifty percent
of the size of the parking lot or other outdoor space need not meet all the standards of this section, but
will be required to meet a reasonable proportion of the requirements as determined by the DRC. For
the purposes of this section, adding one inch or more of new material to an existing parking lot
surface shall be considered an increase of 100 percent of the area involved.
06: 02 93 11:15 $612 337 5601
DSC. 1SC. ®002'002
CITY OF PRIOR LAKE BP BUSINESS PARK ZONING DISTRICT
EDC Recommendation for Signage
Signage. Each property shall be allowed signage equal to 7% of the area of the building elevation
facing the public street Such signage may include wall signage, ground signs, and a pylon sign. A
pylon sign may be no more than 100 square feet in area. A ground sign may be no higher than six
feet off the ground and no more than 80 square feet in area. Both faces of a pylon sign or ground
sign shall be included in the area calculations.
For multi -tenant buildings with individual tenant entrances, all signage must be pan of a master
signage plan submitted and approved by the City showing the location and size T1 signage, and which
coordinates the signage for the building in a consistent and harmonious fashion. For multi -tenant
buildings with tenant entrances on a side of the building not facing a public street, additional signage
on these building faces will allowed up to 3.5% of the area of the building elevation.
Each property shall be allowed a reasonable number of directional signs, each no more than six
square feet in area and no taller than six feet for the purpose of indicating entries and exits, office
locations, and other information necessary to direct people to areas on site.
In addition to the signage allowed by this section, address numbers no taller than twelve inches high
nor less than four inches high may be allowed on each building.
T
/• PRI
y � C
6 n
P
\ ES
REGULAR PLANNING i
AGENDA
Thursday, June 17,1993
6:30 p.m. Call meeting to order.
a) Review minutes of previous meeting.
6:35 p.m 1. NEIGHBORHOOD PLANNING DISTRICT MEETING
Five Hawks, Spring La e/Wil ows
8:30 p.m. 2. VARIANCE- Rick Steinhoff
9:00 P.M. 3. PUBLIC HEARING - CONTINUED Rezoning Ordinance
Amendment RE: Licensed Residential Facilities
Other Business
a)
b)
C)
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.
4629 Dakota St. S.E., Prior take, Mumesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
M EQUAL OPPORf L,rM EWUNFR
!'F P R IO
U 1� PLANNING COMMISSION
MINUTES
t'rn , t soar JUNE 3,1993
e une 3, 1993, Planning Commission Meeting was called to order by Chairman Roseth at
7:30 P.M. Those present were Commissioners Roseth, Arnold, Greenfield, Wuellner, Director of
Planning Horst Graser, Associate Planner James Hayes, and Secretary Rita Schewe.
Commissioner Loftus arrived at 8:25 P.M.
Commissioner Greenfield requested that his two page dissenting opinion be added as an
amendment to the minutes of May 20, 1993, to support his nay vote on the adoption of
Resolution 93 -04 for Cardinal Ridge. Discussion followed on the amendment. Commissioner
Wuellner recalled the procedure outlined at the Commissioner's Workshop in that when a vote is
taken even if there is a nay vote, the Commissioners should support the motion after the vote is
taken. The rational for a nay vote shall be given at the time of the vote and not brought in at a
later date. An established protocol should be in place. If the amendment was entered in to the
record, it would only be this once and not allowed again. As a consenus could not be reached,
the approval of the minutes was placed at the end of the agenda
The Planning Commission moved to allow Commissioner Greenfield's addendum to be added to
the minutes.
The Public Hearing was called to order at 7:42 P.M. The public was not in attendance at the
beginning. Horst Graser Director of Planning presented the information as per Planning Report
#1 of June 3, 1993. The proposal is a housekeeping amendment proposed in order to provide an
ordinance process to divide the land beneath twin homes into separate panels for private
ownership purposes. A second amendment to increase the minimum lot size of single family lots
within the A -1, Agricultural Zone from 1 acre and 150 feet of lot width to 10 acres and 330 feet
lot width is also proposed.
Ordinance 93 -15 was drafted by City Attorney, Glen Kessel, to pemtit the convey- ion of rental to
owner occupied status for twin homes constructed upon conforming lots & record. The
Ordinance specifies four conditions under which a twin home property may be cvided, without
variance.
Discussion followed by the Commissioners on the amendment.
MOTION BY ARNOLD, SECOND BY WUELLNER, TO RECOMMEND TO CITY
COUNCIL THE ADOPTION OF ORDINANCE 93 -15 AS PROPOSED.
Vote taken signified ayes by Arnold, Wuellner, Roseth, and Greenfield. MOTION CARRIED.
MOTION BY WUELLNER, SECOND BY ARNOLD TO CLOSE THE PUBLIC HEARING.
PLANNING COMMISSION
4629 Dakota St. S.E., Prior lake, MinnesotA r' Ph. (612) 4474230 / Fax (612) 447 -4245
AN EQUAL CPPC NrrY EM LQD
Vote taken signified ayes by Wuellner, Arnold, Greenfield, and Roseth. MOTION CARRIED.
The public hearing was closed at 7:58 P.M.
I'T'EM III - PUBLIC HEARING - TO CONSIDER A ZOMNC ORDINANC>
AMENDMENT WED RESIDENTIAL CAR FACT ITI C
REGULATIONS
The Public Hearing was called to order at 8:00 P.M. Public was in attendance and a sign -up
sheet was circulated. Horst Graser presented the information as per Planning Report #2 of June
3, 1993. The proposal is a housekeeping amendment proposed in order to bring the Zoning
ordinance into consistency with Minnesota Statutes 462.357 Subd.7 and Subd.8. The purpose of
the public hearing is to consider an amendment to the Prior Lake City Code and Zoning
Ordinance to allow day care and residential care facilities as permitted and conditional uses
within the R -1, R -2, R -3, and R -4 Residential Zoning Districts.
Comments from the Commissioners were on; if neighbors were notified on this type of business,
question on permitted use for lower number of children, and R -2 definition.
MOTION BY WUELLNER, SECOND BY GREENFIELD, TO CONTINUE THE PUBLIC
HEARING TO JUNE 17, 1993, AT 9:00 P.M. TO RESEARCH THE THE ISSUES IN
QUESTION.
Vote taken signified ayes by Wuellner, Greenfield, Roseth, and Arnold. MOTION CARRIED.
The Public Hearing was called to order at 8:15 P.M. The public was in attendance and a sign -up
sheet was circulated. Mr. Graser presented the information as per the Planning Report #3 of June
3, 1993. The request is unusual as it is seldom done unless to accommodate an individual. Mc
Ed Vierling wishes to construct a single family home in an I -1 Industrial District of which the
permitted uses are industrial. The property is owned by Mr. Vierling's father, Leo, and wishes to
build on the family land. The process that is being followed is to amend the I -1 district, introduce
the conditional use for single family home and then consider issuing a pen for a single family
home via the conditional use permit. This is the process recommended by Attorney Robert
Hoffman. This area is proposed to be rezoned residential and neighborhood commercial when
the 2010 Comprehensive Plan is adopted. Thus, this amendment to the code would be consistent
with the future Comprehensive Plan for this area of the community.
The City of Prior Lake is considering locating the Industrial Park in a different location as the
land in this area is not conducive to industrial development and the Industrial Standards are in
the process of being rewritten. When this takes place the application will become a legal
non - conforming use. This application, although cumbersome, provides a limited window of
opportunity for Mr. Vierling to a single family home on his land.
Ed Vierling, 14091 Eagle Creek Avenue NE, stated that he wanted to build his house on the
family property as his brother has done. Mr. Vierling has tried different locations over the last
year on placement of the house and this seemed the most logical for him. He thanked the
Commissioners for their consideration of the application.
The Commissioners were all in consensus of the proposal
PLANNING COMMISSION
June 3,1993
Page 2
MOTION BY GREENFIELD, SECOND BY WUELLNER, TO AMEND SECTION 3.2 OF
THE PRIOR LAKE ZONING ORDINANCE 83 -06, TO PERMIT A SINGLE FAMILY
DWELLING AS A CONDITIONAL USE IN AN I -1 SPECIAL INDUSTRIAL DISTRICT.
Vote taken signified ayes by Greenfield, Wuellner, Arnold, Roseth, and Loftus. MOTION
CARRIED.
MOTION BY WUELLNER, SECOND BY ARNOLD, TO CLOSE THE PUBLIC HEARING.
Vote taken signified ayes by Wuellner, Arnold, Roseth, Greenfield, and Loftus. MOTION
CARRIED. Public Hearing closed at 8:27 P.M.
MOTION BY WUELLNER, SECOND BY ARNOLD, TO APPROVE THE CONDITIONAL
USE PERMIT FOR THIS PROPERTY AS PER APPLICATION, CnNTINGENT UPON CITY
COUNCIL APPROVAL OF THE AMENDMENT TO THE PRIOR LAKE ZONING CODE
83 -6 SECTION 3.2.
Vote taken signified ayes by Wuellner, Arnold, Greenfield, Loftus and Roseth. MOTION
CARRIED.
ITEM V - MIKE BRATTL.AND . VARIANCR
Mike Brattland, 12914 Abbott Circle, Burnsville, stated he is applying for a variance to build a
home and requests the Planning Commission to grant a rural area density variance for the SE
quarter of the NW quarter of Section 34, Township 115, Range 22, Scott County. Mr. Brattland
felt that building where it was allowed would be in the wooded area and put him further from the
road which would be a hardship for him. He also stated that urban services would be installed
soon and would benefit the City with a shorter installation distance. This application would be
consistent with the Comprehensive Plan in a few years.
Horst Graser presented the information as per Planning Report N4. The request is to waive the
ordinance and allow 5 units per quarter /quarter section. The ordinance is quite clear and only
allows 4 units per quarter /quarter section and the application is not consistent with the
Comprehensive Plan.
Mr. Brattland spoke again on the fact that a house will eventually be close to the road after The
Wilds development becomes a reality and it could be his now.
Martha Hoover, 15509 Red Oaks Road, Prior Lake, stated she is the owner of Parcel F and
wanted to know if the variance is granted would the applicant have a building permit for the
other half of the lot located in the other quarter section. Ms. Hoover felt the area is already
urbanized and when sewer & water comes in, it would be less costly than installing a septic
system.
Commissioner Loftus commented on the timing was a little premature on the sewer and water
issue and applicant should wait until the utilities are installed. Commissioner Arnold stated the
Zoning Ordinance is quite specific and feels hardship is not shown but does agree with the
applicant on his location of the house. Commissioner Greenfield also agrees on the logical
location of the house but the code does not allow an increase in density and the hardship criteria
has not been met. Commissioner Wuellner outlined the Zoning Ordinance, hardship not
demonstrated, and the applicant is a victim of timing and will have to wait until utilities are in.
Commissioner Roseth concurred with the Commissioners.
PLANNING COMMISSION
June 3,1993
Page 3
Mr. Brattland asked if he had two building permits for his property to build in the SE comer of
the NW section and the NE comer of the SW section. Mr. Graser stated he would have to
research the issue and advise the applicant at a later date.
MOTION BY ARNOLD, SECOND BY WUELLNER, TO DENY THE APPLICATION OF
THE VARIANCE FOR A RURAL AREA DENSITY VARIANCE FOR THE SE QUARTER
OF THE NW QUARTER OF SECTION 34, TOWNSHIP 115, RANGE 22, SCOTT COUNTY,
MINNESOTA. RATIONALE BEING THE PROPOSAL IS INCONSISTENT WITH THE
COMPREHENSIVE PLAN AND THE ZONING ORDINANCE 83 -6.
Vote taken signified ayes by Arnold, Wuellner, Roseth, Loftus, and Greenfield. MOTION
CARRIED TO DENY THE APPLICATION.
A recess was called at 9:15 P.M. The meeting was reconvened at 9:25 P.M.
ITEM VI - DOUGLAS BRINKMANN - VARIANCE
Doug Brinkmann, 4579 Lord's Street, stated he is proposing to add a 4 foot by 26 foot balcony
over the existing driveway to square up the dimensions of the house and enlarge the entryway to
3 feet by 6 feet.
Jim Hayes, Associate Planner, presented the information as per Planning Report #5. The
variances requested are a 56 foot Lakeshore variance from the 75 foot setback and a 13%
impervious surface variance from the 30% impervious surface requirement. When the applicant
applied for a building permit it was found that these variances were needed to continue the
construction. The existing dwelling already has a legal nonconforming setback 19 feet from the
lakeshore and the proposal will not encroach any further on the existing setback. Precedent has
been set by granting variances for similar setbacks on other structures in the neighborhood.
Hardship is not caused by the applicant nor the City of Prior Lake, but the result of former
platting and zoning standards of a previous government.
Comments from the Commissioners were on; hardship is proven, DNR notified, question on the
existing impervious surface, and all were in support of the application.
MOTION BY LOFTUS, SECOND BY WUELLNER, TO GRANT A 56 FOOT LAKESHORE
VARIANCE AND A 13% IMPERVIOUS SURFACE COVERAGE VARIANCE FOR 4579
LORD'S STREET. RATIONALE BEING PRECEDENT HAS BEEN SET, HARDSHIP IS
NOT CAUSED BY THE APPLICANT NOR THE CITY OF PRIOR LAKE BUT BY THE
ACTIONS OF A PREVIOUS GOVERNMENT AND WOULD NOT BE DETRIMENTAL TO
THE HEALTH AND WELFARE OF THE NEIGHBORHOOD.
Vote taken signified ayes by Loftus, Wuellner, Greenfield, Roseth, and Arnold. MOTION
CARRIED.
Horst Graser requested the Commissioners when making motions to speak clearly, and distinctly
into the microphone, try to formulate the motions before stating them so they are clear and
concise.
Discussion followed on the minutes in regard to the dissenting opinion. Commissioner Wuellner
again reminded the Commissioners on the procedure agreed upon at the workshop. When a nay
vote is given the person disagreeing should take notes and then qualify his/her disagreement in a
clear and concise manner that would be entered into the minutes. When the vote is finished and
the motion has passed, the Commissioners are then one voice in support of the motion even
though you disagreed and that this was agreed upon by all the Commissioners. To add a two
PLANNING COMMISSION
June 3,1993
Page 4
page dissenting opinion at a later date would be inappropriate. If this is allowed this time, then it
should not be allowed again. Commissioner Arnold agreed on this procedure. Commissioner
Loftus stated Commissioner Greenfield should take his opinion on to the City Council.
Commissioner Greenfield felt the opportunity should be allowed to formulate a more complete
opinion if needed and add later. James Hayes read from the "Robert's Rules of Order", the
following text; "Minutes have not been approved thus they may be amended before they are
approved. Dissenting opinions should be entered at the time of public hearing but may be
amended as part of the minutes when approved ". While Robert's Rules allows for the minutes to
be amended before approval, Staff recommended that any additions be made at the public
hearing in the future.
MOTION BY ARNOLD, SECOND BY LOFTUS, TO APPROVE THE MINUTES AS
AMENDED.
Vote taken signified ayes, by Arnold, Loftus, Roseth, and Greenfield. Wueilner abstained as he
was not present at the meeting. MOTION CARRIED.
Commissioner Greenfield spoke on the procedure on the neighborhood meetings. Mr. Hayes
showed the sample he had compiled. Mr. Graser stated the consultant will have a proposal put
together soon in regards to incorporating the information collected from the meetings.
Mr. Graser suggested to the Commissioners to form the tree preservation ordinance and forward
this to the City Council to see if there would be support for this type of ordinance, then rewrite
the information into an ordinance fort. This item will be placed at the end of the agenda at the
special public hearing on June IS, 1993.
MOTION BY LOFTUS, SECOND BY ARNOLD, TO ADJOURN THE MEETING.
Vote taken signified ayes by Loftus, Arnold, Wuellner, Roseth, and Greenfield. MOTION
CARRIED.
The meeting adjourned at 10:30 P.M. Tapes of the meeting are on file at City Hall.
Horst W. Graser
Director of Planning
Rita M. Scheme
Recording Secretary
PLANNING COMMISSION
Jam 3. IM
Paae 3
To: Prior Lake Planning Commission
From: Commissioner Greenfield
Subject: Dissenting Opinion of PUD
Preliminary Plat Cardinal Ridge
After extensive and careful consideration of the Cardinal Ridge application.
there are several unadressed or unresolved issues which I believe warrants denial
for applicalior, under the provisions of our City Zoning Ordinance section 6.11 -
PUD, and should only receive approval for development under the R -I Single -
Family.
Three specific areas are in Question:
1) Outlot property dedicated to our City are largely unusable and of poor park
quality. Reference the Memorandum from Bill Mangan. Director of Parks and
Recreation:
Outlot A has several topoeranhical constraints in addition to being part of a
pondirg easement and has little of no value as Public open space for park
purposes.
Outlot B will also be used for storm water management but it will also be used as
park land. There will be storm water retained on this parcel at times but will
generally dram of and will be useful open space
Outlot C will be used primarily as storm water management purposes and has not
been considered for open space.
Outlot D is the largest parcel of open space and includes some severe
topographical constraints that render it desirable for open space but is not real
conducive for any development accept on the far east side. There will be
extensive trail work along the southern edge of the plat.
Outlot E is comprised of severe topography and does contain a large ponding
easement on it and this outlot's primary purpose will be for storm water
manaeement.
Oudot F is a remnant parcel that is of little or no value to either the developer
or to the city.
In summary, much of the dedicated outlot property given as open space park
credit is either for storm water management with ponds, steep slopes or unusable
for park or development.
If you factor out the unusable land due to severe slopes and water, the
following "usable" park land exists: Outlot A - 0 acres, Outlot B - 3.5 acres, Outlot
C - 3.6 acres. Outlot D - 4.3 acres. Outlot E - 2.3 acres. Outlot F - 0 = 13.7
acres/ 147 acres or actual usable park land of 9.3 %. Using the same criteria on
Westbury ponds, a recent R -1 development; 6 acres'59.8 acres or actual usable
park land of 10 %. Since there is not adequate quantity and quality open space
there is no justification for PUD status.
(1)
2) The Developer has not complied with many components of Z.O. Sec.6.1 I
par.3,4,5.
Specifically, there are no written or contractual covenants to provide for "Higher
standards of site and building desian through the use of experienced land
Planners. Registered Architects and/or Landscape Architects to prepare plans for
all PUDs. The Developer has not demonstrated "Preservation and enhancement of
desirable site characteristics and open space." " More efficient and effective
use of land, open space and public facilities." Since there is no demonstration of
higher standards of site design, enhancement of site characteristics or a more
c icient and effective use of land, there is no justification for PUD status.
3) The Developer has failed to submit any building and site design plans reference
Z.O. Sec. 6.11 par 12b. "Architectural style of buildings shall not solely be a basis
for denial or approval of a plan. However, the overall appearance and
compatibility of individual buildings to other site elements or to surro unding
development will be primary considerations in the review stsees of the
Plannine Commission and Council. Since there is no demonstration of
compliance with the overall appearance and compatibility of individual buildings to
other site elements or to surrounding development there is no justification for
PUD status.
This Development should not receive approval as a Planned Unit
Development unless the City receives written agreement for compliance with our
Zoning Ordinances. Additionally, any PUD that does not meet the city's criteria
should not be granted a request for density increases, decreased lot frontage and
side yard dimensions.
As the dissenting opinion for the PUD Cardinal Ridge, I request the
following explanation be added to the minutes of The Planning Commission for
May 20, 1993.
Sincerely,
l C
C. Allen Greenfiel
(2)
AGENDA ITEM:
SUBJECT:
PREPARED BY:
PUBLIC HEARING:
DATE:
• 1: lU a.u: Y �♦
1
NEIGHBORHOOD PLANNING DISTRICT MEETINGS
JAMES HAYES, ASSOCIATE PLANNER
YES _X-10
NNE 17, 1993
Please refer to the memos dated May 28, and June 3, 1993. After the Planning Commission
meeting on June 3, the amount of information for the neighborhood meetings was condensed to
the form you see here. The following items will be in four separate piles of information on the
front table at each meeting.
• Thank you letter, Discussion questions, Vision 2010, Community Perspective, (2 total
pages. front/back)
• Comment sheet, return address, (1 page front/back)
• Five Hawks Neighborhood Planning District goals and objectives, Planning District map,
(1 page from/back, 1 page front only)
• Spring LakeiWillows Neighborhood Planning District goals and objectives, Planning
District map, (1 page from/back, 1 page front only)
The first two items will remain constant throughout this meeting process with different planning
district packets at each meeting. In addition, a cover memo will be attached as an agenda item
with each packet throughout the summer.
MEETING FORMAT
This item is only scheduled for two hours and efficient use of time is critical. The meeting will
star with Horst Graser addressing the audience with some general information. He will make
some opening remarks about the community including; size, history, Urban Service Area,
regional role, and the meeting format. This section should take about 5 -10 minutes, setting the
stage for the remainder of the two hours. Next, Mr. Graser will go over the Planning District
maps, pointing out the goals and objectives of the draft 2010 Comprehensive Plan. At this point,
the meeting will be turned over to the audience for their input. Hopefully, there will be a large
group so that extensive comments, suggestions, and questions may be entered into the record.
The meeting will close with the Commission thanking the audience for attending, and
encouraging them to return the comment sheets which were made available at the start of the
meeting. Any additional discussion or important information may be added at the Commission's
discretion.
This will be a learning process for all involved. This format may evolve over the summer as we
all gain more experience. Please let staff know if this preliminary memorandum was sufficient so
that the test of these meetings will run smoothly.
4629 Dakota St. S.E. Prior fake, Minnesota SS372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORnNTY F.4r MM
The City of Prior Lake Planning Coaunission would like to introduce ourselves and thank you
for attending this special Planning District meeting. We am a voluntary, City appointed, group of
local citizens who share with you a deep concern for a prosperous and quality fadtre for ouk
community. We recognize the importance of citizen participation in the early cages of per&
This is necessary in order to create a product that best represents the needs and the will of the
people.
The City Planning Department has written a draft document that attempts to express our city's
goals as a "Vision 2010" and has integrated this into a document of planning called a
Comprehensive Plan.
Please feel free to read our "Vision" statement and the residential land use development policies
and objectives provided for you at the fioot table. We hope these documents, in addition to the
Staff preso ation, will help you better understand the furore plans and goals for your residential
area and our city.
At tlx culmination of the preservation. we encourage you to participate in the discussion period.
The rest of the meeting is designed with to specific purpose of allowing YOU, the citizens of
Prior Lake, the opportunity to participate and conoibute to the draft review smgat of the
Comprehensive Plan. We would like to ask you, in the interest of time. to phrase your quesdons
in one or two minutes. Be as concise as possible and Made some possible suggestions to assist
us in fac>7iating your concerns. On the back aide of this lateen you will Sod some O*cs for
discussion which are important issues to be addressed in the Comprehensive Plan.
Please feel free to attend other neighborhood meetings and Comprehensive Plan hearings as the
process continues over the next twelve months. Thank you for sharing your valued time and
comments with us at this evening's meeting. We welcome both oral and written comments
affecting both your neighborhood and the City of Prior Lake as a whole. There is a comment
sheet provided for you to express additional concerns that due to time constraints, you may not
have had the opportunity to address. Thanks again, for your input in this process.
Sincerely,
City of Prior Lake Planning Commission
4629 Dakota St S.l; Pe4r Lake, M msota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN aOWLL OPPORMT41" EDiP10VE&
The City is seeking input to the following questions related to the Comprehensive plan
for the year 2010:
e Should the community follow msdet trends or restrict the market and follow an
exclusive development fiamewodt?
• Should the community invest in and upgrade the existing central business district
or develop a second comet north of tie lake of prior Lake?
• Should out neighborhoods consist of multi -use oppm'tnoitia? (business, bigh -low
density residential, open space, and cdocadon)-
• Should our neighborhoods be connected?
• What park apporuntm should be incorporated in each neighborhood? N
deficiencies exis4 where are they or how would you resolve them?
• What housing opporam m should be inoaspMVW in de eonmonitY's
neighborhoods?
tt Plow should our namtg resources be allocated and used in the con==&Y's
neighborhoods?
• How do we plan for and preserve our community's heritage, identity. and sense of
place?
• is County Road 21 - Me Heart of the (Sty"?
• How can Prior Lake's highways be improved?
• Should Prior lake continue to pursue an industrial base?
This Comprehensive Plan has been developed with three concepts: 1) the residential
neighborhood is the basic foundation of the community. 2) the lakes, wetlands, steep slopes and
other "Natural Environment" areas are the prominent resources that attract people to this
community and as such shall serve as the focal point for individual neighborhoods and
commercial/industrial districts which, when integrated, form our "community." 3) diversified
land uses which include planned commercial/industrial as well as residential districts are needed
to support the tax base, provide employment opportunities and a healthy environment for our
residents to live. These concepts provide a valuable reference point for the development policies
described within this Comprehensive Plan.
Commum at
pride, heritage and sense of place e topics that arc often discussed yet cannot be
clearly ad in Prior Lake. A common vision, shared by residents, business and visitors to the
community must be understood in order to establish a framework w guide future community
development This Plan proposes to create linkages using public park lands, open spaces and
natural features to tie existing and future residential developments with the Town Center, the lake
of Prior Lake, business districts, schools, churches and C.R. 21 (Waterfront Passage) which is
the focal point of the community. The Parks and Open Space system, which will include a
comprehensive trail system, will provide the places for residents to meet, gather and enjoy the
amenities that are unique to Prior Lake. The feeling of "Community" is developed through
social inseractions that people have with the place in which they live. This Comprehensive Plan
seeks to integrate the diverse, individual neighborhoods and business clusters to create one
community, integrated by pedestrian ways and natural &sum in an environment that reduces
citizens need to use automobiles.
The most critical link is the C.R. 21 Corridor which is referred to as Waterfront Passage and
Grainwood Crossings in this Plan. This Corridor is centrally located and includes significant
pieces of the community's history, herit age, natural features and culture. It bisects the
community and is the central artery where the community comes together and east meets west
and north travels south. The ridge line of the Jeffer's property rs connected to the midpoint
where upper and lower Prior Lakes are joined: Boat traffic, fishermen, pedestrians and velucks
utilize this crossing today as well as in the past, where the Grainwood Hotel and Rail Road were
once the focal point of the community. This Corridor provides a cultural as well as physical
link to the Shakopee Mdewakanton Sioux Community, by passing Reservation lands. The Town
Center and Lakefront Park area are linked to the lakes, Cleary Lake Regional Park, and
ultimately to the Bloomington Ferry Bridge Crossing which will connect Prior Lake to the
Metropolitan Area. All development within the community can be linked in some manner, to the
elements that comprise this vital passage. Through careful development of Grainwood
Crossings, Waterfront Passage and related pedestrian links, the people of Prior Lake will come to
know, understand and support these common spaces and adopt these as links of the past and as
the base of their "Community's" future.
A sense of place will develop through time if this opportunity is properly developed. Prior Lake
is, and always has been a recreation oriented community and people love to walk, bike. sit and
talk about its amenities. Proper development and links to this passage will lead to a successful
business climate and help create sense of community. The identity of Prior Lake is its heritage6
culture, and landscape that are unique to this community. Mds•plan proposes to build on these
f actors, incorporate them into all futue development and re- establish the identity and pride of
the community on the elements that have existed here all along.
The community of Prior Lake can be described as a place that provides "Urban living with a
Touch of Country." The heart and essence of the community are the neighborhoods which are
identified by the abundant lakes, waterways, woodlands and natural areas throughout the City.
Prior Lake has developed a community where residents can enjoy a living environment that is
closely tied to natural and recreational amenities and yet provides a full array of urban services.
Prior Lake is a community of 11,400 people and is located in northern Scott County
approximately twenty-five miles from pops and St Paul The city is art of the
seven-county metropolitan area and enjoys all of the advantages and convenience of living near
the Twin Cities. Prior Lake is bounded on the northwest by Shakopee, on the northeast by
Savage, and on the south by Spring Lake and Credit River Townships.
Prior Lake has a unique cultural history which is shared with the Shakopee Mdewakanton Sioux
Community (SMSC). The SMSC Reservation ppropern consist of approximately 580 acres, and
are located in the northwest quadrant of the CityT
. he Sioux Community is pursuing intense
commercial and residential development which ' Prior Lake. All of the Reservation
properties are located in the Rural Service Area of Pew A construction and maintenance
agreement for sewer services exists between the SMSC and the City. Ilm intense land use of
the SMSC Reservation properties is a drastic change from the adjacent rural land uses permitted
by the City. The City seeks to improve relations with the MC in alder to address land use
issues relevant to both $o vertrments. The City of Prior lake also recognizes the unique historical
the po economic dev with the SMSC:. The City is currently ex�rloring
elopment ventures with the SMSC. It is essential that
bock governments continue ro pursue historical and cultural events. Future development should
be designed m enhance historical, cultural and unique environmental elements that exist within
the City.
Prior lake contains approximately 16 square miles of land area. Residents of Prior Lake have a
wide choice of housing opportunities ranging from the single family detached home to
apartments. The City has placed a high degree of importance on providing quality development
whether it be in the residential or commercial and industrial areas. Lake recreation is ,a focal
point in and around Prior lake. Seasonal activities attract the residents and nearby neighbors to
our community.
The community has experienced dramatic changes during its history. The influence of the
Native American Culture is prevalent within the community where artifacts and sacred grounds
are reported to exist. The railroad and early lake resorts, such as the Cuainwood Hotel have also
influenced history and land development patterns within the community. This d mpreh e
Plan is dedicated to enhancement of the community's unique heritage, history and abundant
natural resources through their incorporation into future commercial, residential and recreational
development within Prior Lake.
The character of the City has changed from a rural resort atmosphere to a suburban con m miry
over the past two decades. The population of the community has increased 36 percent since the
1980 Census and the 1990 Census reports a population of 11,443 peoph» Prior Lake developed
its first comprehensive plan in 1973. In response to the passage of the LAW Planning Act of
1976 and changing character of the City, the Year 2000 omprehe a Plan was adopted in
1981. As Prior Lake proceeds into the upcoming decades, tho- . City must a reassess growth
and development issues, and establish community development goals and again reassess to guide
growth through the year 2010.
Mt► ,4(oj,4w3, 30a s ulul f.M Cal
►1 .L' U ; r it.ti 1 d ►III► 1 Y: Lot 1111 144 1 WN y.
We regret the time constraints which my have not provided you with ample opportunity to
express oral comments about your neighborhood. We welcome any written comments which will
be incorporated into the notes from the meeting on June 17, 1993. Please attach the appropriate
postage and return to City Hall. Thanks again for you input in this process.
4629 Dakota St SE, Pnor Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 9474245
R1 6
City of Prior Lake
Planning Department
4629 Dakota St. SE
Prior Lake, HN 55372
FIVE. HAWKS Neighborhood Planning District
Five Hawks Planning District is bounded on the west by housing adjacent to Willow Lane, the
south by Highway 13, and the north by C R. 21. This District consists of
acres and is 80% developed at density ranging from 2S to 18 =per acre Irm HHawks can
best be characterized as a transitional and active neighborhood between the low density Willow
Lane area and high density C R. 21 area. Several east -west oriented marshes and wetlands
divide this District approximately in halt These marshes and wetlands help fib= runoff before it
enters Prior Lake. However, these features inhibit traffic movements within the neighborhoods
and into other neighborhoods. To the north of the neural features is residential dev opment in
the 5 to 7 units per acre range which does not conform to the anent zoning standards The land
to the south is characterized by recent development and vacant land Tbis neighborhood has
about one mile of Lakeshore, unfortunately no public access points exist for its residents.
The Five Hawks Planning District received its name from effigy mounds located in the vicinity
of Five Hawks Elementary School. Unfortunately, this early Indian attifaet was destroyed by
development and grading in the area The Willows neighborhood park and C R. 21 trails are the
only ppuablic spaces in this neighborhood that have a Po population of 1800 people.
Mc Willies Restaurant/ Bar /Marina on Gn m Heights 'hail, is one of only two commercial
establishments remaining on Prior Lake. It is an important part of the lake recreation
environment and community heritage. It currently operates under a conditional use permit with
limited expansion potential.
The property to the south and west of Five I3awlrs School is and ceQeatly designated mrediem
density residential is the Year 2000 Comprehensive Plso However apprortimsoely 10 of the s0
vacant acres are zoned B-3 commercial and the rernsinimg land is zoned R -3. Tlxe common
disrict boundary Iine between residential and commtacial was arbimanly established tEteieby
resulting in a Platting process unless the 1?IID format is nerVzed Prier r sr,. ahoold tdm
action m rezone this acreage to be consistent with the eorttpee:fimsve plan of mdG� density
residential An inappropriate island of mhedimm density exists directly sentlr of 14IcWrllies This
medium density zone consists of about 2 5 acres with remendoms development constraints The
area around this site is all zoned R -i and developed witlt single famrily homies. The site should
reflect simgle family development opportunities two be consistent with the immhediate area. A
vacant residential site consisting of about 2 acres directly southeast of the intersection of West
Avenue and County Road 21 should also be down zoned to R -2 medium residential density to
reflect the character of the area and the current comprehensive plan.
Traffic circulation in this Planning District needs to be improved A high priority should be
assigned to the completion of Five Hawks Avenue to improve the circulation and connect the
north and south halves of this neighborhood 170th Street should be extended to Five Hawks
Avenue. The intersection of Five Hawks Avenue and S.T.H. 13 should eventually be signalized
It is possible that the current intersection of 170th Street and S.TJL 13 will be limited to a
right-in/right-out movement. The City has initiated a study to review alternatives for this
intersection. Birch Avenue in the north half of the Planning District still has a gravel section
which should be improved to a bituminous surface.
Two commercial nodes are included in this Planning District A portion of the Town Center
located directly south of the intersection of S.T.H. 13 and C. R. 21. The other node consists of
the post office, bank, and lumber yard directly south of the intersection of Anna Trail and S.TH.
13. The downtown node is a highly visible and accessible area Development includes a mix of
new and old with little or no continuity in design and general charscu t Increasing haffic and
control devices on S.T.H. 13 and C. R 21 will further isolate this node from other business
nodes in the community unless improvements in circulation and design are made to Duluth and
Main Avenue.
The commercial node at Anna Trail and S.TH. 13 is totaRy orientated to the automobile. The
businesses im this area should consider sidewalkc improvement pamitdng pedestrian MdBc
between them. Duluth Avenue which provides local access to this node has bum identified as a
critical part of the n'ng road system tying this node, Town Center and the Priordele business
district togetheG The City Capital improvement Pmgeam indicates that Duluth Avenue will be
improved with new street, curb and gutter, sidewalk and bike path. This impeovemeat will
greatly enhance accessibility between the three business centers and adjaaat adghheeheeds
The private sector should be encouraged to provide pedestrian axes; via sidewalks to the Ann
Thal and Pnoedele businesses to take fall advantage of the public I rovemmta anticipated for
Duluth Avenue.
1. The City of Prior Was should initiate rezoning changes for de Simmidn'a property
(vacant 30 acres southwest of Five Hawks School) to R -2 residential and the want sir
south of bkWillies Restaurant to A 1 residential
2. A rail system should be mtablished along the District's astral formes and roadways to
provide pedestrian and bicycle links throughout de District
3. A neighborhood park should be established in the north half of the Planning Ditto,
perhaps offizin the Oadot adjacent to Gran Heights Tirol and Dmh Avenue or the (Sty
property located on Cates StneR
4. The completion of Five Hawltz Avenue should be established in the Capital Improvement
Program as a high priority in order to t'opmve north -south vehicular movements and de
main entrance to this neighborhood from 3.1'.H 13.
5. New residential land uses along S.TH. 13 shall use design elements such as deeper lots,
planted berms, fencing, and tree cover to buffer the negative influence of S.T.H. 13.
6. The lumber yard north of Anna Trail is currently designated B -2 commercial which is a
zone reflective of Town Center. A zoning change to B -3 highway commercial should be
initiated by the City of Prior Lake.
7. The improvement of Duluth Avenue with bike trails, and sidewalks to provide a
pedestrian link between the three business centers of Town Cam= Anna Thd and
Pnordale, should be completed to implement the ring road system.
Spring Lake/ fllows is located in the southwestern portion of the City. It includes
approximately 300 acres and is bounded on the south by S.T.H. 13, the west by Spring Lake and
the north by Prior Lake. The rear lot line of housing that fronts on the west side of Willow Lane
and the drainage area between Inguadona Beach and the Willows Subdivision provides the
eastern neighborhood boundary. The Planning District is divided into two portions chatacteozed
as bang either north or south of 170th Street. The north side is served by Willows Park and two
asscakation owned lake lots whereas the south side will have the two neighborhood park
facilities, Sunset Hills park and Woodview park, which are scheduled for capital improvements
between 1991 and 1995.
This Planning District contains some of the community's oldest subdivisions and its history is
related m the resort community that once was the focal point for this area. The District is
bounded by Prior Lake to the northeast and Spring Lake to the southwest There is one resort
left on Spring Lake that is the only remnant of the historical development of this District There
are a handful of pblic access points to Prior and Spring Lakes that are Underdeveloped. These
public scents points should =main public and be developed and Hilted to the city wide nail
system. These access points should be identified by coordinated ss�� pm�at� 1a�it�tng
It is anticipated that the access areas would not contain peiit�tg fan -
ms bat rather iUCl pattc
beaches and view platfor that peedestrisos and bikers could Utilize to view the lakes. The
major roads within the District an 170th Street (C IL 12), Sunset Trail (CJL 81) and S.T.H. 13.
There are compatibility problems within die District due to the prevalent of smell lots that are
located adjacent to the County Roads and Star Highway. inadequate buffer areas, lark of
pedestrian and bilm trails and direct driveway ace= to the regional roadways are the major
development issues within this Planning District
A majority of the Spring Lake/Willows District has bean developed into bw density single
family lot The taveaty -two aces of open land is plstrtd foi lot' density se aideintial Use
however limited high density opportunities may be aexomtrtodated adjstat to body S.TA 13
and 170th Street trader the PUD format It is possible that a deoaity range somewhere between
S and 12 snits pox aexe could be accommodated here providing both small lo[ single faanly
construction and attached housing oppominities. Future development will neexl to provide
significant buffex areas adjacent to the Comty Roads and S.T.H 13 which incorporate
such
design options as greater lot sizes, setbacks, berms and dense screening to protect resident from
negative impacts such as noise and litter associated with the roadways. A trail system that
connects existing neighborhoods to the parks. S.T.H. 13 trails. Five Hawks Elementary School
and public lands adjacent to Prior and Spring Lakes are a priority for this District. Future
development should seek to emphasize the historical, recreational, resort. and natural features
motif of the District and incorporate the project with the trails and open space system that will tie
this District to the rest of the community.
The etment population of 1,157 is likely to reach 1500 when the Planairig District is fully
developed Lying directly sonthwest of the intersection of 170tlr Street and S.TH 13 is this
neighborhood's onlg commercial district and major entry feature m this neighborhood This 4.5
acre Limited Business Dkstrict contains a legal non coafomring cabins shop and condidoml Use
car wash built upon one tract The triangular shaped part! has ixvex been subdivided The
cabinet shop and car wash have direct land access to S.TH 13 which should be eliminated with
be
any future platting activity. Future development activity on this highly sib As die
le
neighborhood oriented with emphasis on good design and landscap g. Sel
nonconformkng use should be convextexl to a permitted use. Also. effom should be made to
u;iprove the visual impression of this corner by blacktopping the drives and Parking areas and by
the introduction of landscaping on the site.
The intmwxtion of 170th Street and S.TIL 13 will be modified in the nee five to inn years. One
of the options is to reroute 170th Street through the vacant 22 acres lying between 170th Sava
and S.T.H. 13. A frontage road would connect 170th Suva to Five Hawks Avenue. The
intersection of C.R. 81 and S.T.H. 13 is a major entry point into the community. An entrance
feature and landscaping should be placed new this intersection' m identify the City's boundary
and to create prior Lake's "sense of place."
DISTRICT OBJECTNES:
1. Develop remaining public access points on Prior Lake and Spring Lake in caujanaion
with the ea rl system. A coordinated m CMCM i to Wentify the access points aer, IK diem from adjective Fopertim
N and lan dsca p ing program shoudd
No o parking ficaiam proposed. rather; die access' would be used by pedestrians and
bikers.
2 Future developa�ac am a incorporate buffer saves for all properties adjaeans to C.R. 12.
and S. do 13 that will protect resideatiel development from aloes sv¢h as Guise. litter and to Provide sepanuon from business district axes. Buffets MY invlode larger
lots and setbacks. data landscaping, bes>ns or other tneetta of providing xpetstim
3. A trail system is needed in this neighbohood to link neighborhoods to the baairseaa
district, Five Hawks Elementary School, public pado. Prior and Spring Lakes and Spring
Lake Regional Park.
4. The business district should be upgraded to a neighborhood causer that provides good
pedestrian and traffic dmulatIm Futmv pWtin should eli®nese the dtiveway scom to
.TIL 13 and the urea by replaced with permitted mm in the
district Landscaping. p g lots, sidowau, and good design of baiwo0
should be implemented in this business district
5. At the time that the vacant 22 acres south of 170th Street develops, a local road should be
planned that contexts 170th Street to S.'LH. 13. In addition, a frontage road connecting
170th Street to Five Hawks Avenue through the " Simpkins" property, is recommended as
part of the ring road system.
6. The intersection of C.R. 81 and S.T.H. 13 is identified as a location for a major City entry
monument
` PR`O
�\
r -Y
AGENDAJTEM:
SUBJECT:
APPLICANT:
SITE ADDRESS:
PRESENTER:
PUBLIC HEARING:
DATE:
2
VARIANCE
RICHARD STEINHOFF
3124 BuTmRNUP aRcLE
JAMES HAYES, ASSOCIATE PLANNER
YES XNO
JUNE 17, 1993
HISTORYLBACKGRO
The Planning Department has received a variance application from Richard Steinhoff of 3124
Butternut Circle. The applicant proposes to add a 12 foot by 15 foot porch on an existing deck as
per attached survey. The existing deck already has a legal non-conforming setback of 68' from
the Lakeshore, and 4' from the north side property line. The proposal will not encroach on this
existing setback, but the following variances are requested in order to construct the
improvements as proposed:
1. 7' lakeshore variance from the 75' setback requirement
2. 6' north side yard setback from the 10' setback requirement
PREVIOUS PROPOSAL-¢
There are no previous proposals on file for the subject site.
PHYSIOGRAPHY
The site slopes from the street to the lakeshore and the, existing home is not located in the
tloodplain of Prior Lake.
ADJACENT USES
The adjacent properties are mostly developed with single family homes, with some cabins still in
the area. This neighborhood was constructed in the 1960s and has seen numerous improvements
since that time.
EXISTING CONDITIONS
The survey indicates the locations of the existing garage, home, and deck structure. The subject
site contains 22,000 square fee[ above the 904 elevation. The existing deck is located 68' from
the 904 contour and 4' from the north side property line. The existing single family home is also
4' from this north property line. Major features of the site include very elongated lot dimensions
measuring 53' by 433'. In addition, the house is set back from the road approximately 315'.
Finally, a building permit was issued April 20, 1993 for a patio addition, but was delayed once an
accurate survey was submitted showing the legal non-conforming setback.
PRECEDENCE
Staff researched and found that eighteen variance files exist for the thirty -three lots located in the
Butternut Circle area The attached map indicates the lots which have received variances. Of the
sixteen variances granted, 7 lots received one variance, 4 lots received two variances, 5 lots
received three variances. 75% of these variance files show that a side yard setback was varied
from V to 5'. Also, 50% of the files show that a lakeshore setback was varied from 9' to 65'. All
4629 Dakota St Sf- Prior take, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORrUN Y efflq iElt
but two of the variances were granted prior to the 1987 adoption of the Shoreland Ordinance
therefore, lot area and impervious surface coverage were not considered. While the depth of
these lots would enable the lots to meet the lot area requirements, the widths are not compliant
with Prior Lake zoning standards.
NEIGHBORHOOD ISSUES/IMPACT/CONCERNS:
This is a well established neighborhood with only three structures located within the Prior Lake
floodplain and situated at various setbacks from all property lines and the 904 contour of Prior
Lake. This neighborhood has been in transition for many years and has a number of structures
that have been renovated or removed and rebuilt. There are ten vacant lots located on the
peninsula. The adjacent property to the north of the subject site would not be adversely impacted
by the proposal. The adjacent single family home is setback from the property line and the
lakeshore at a different location than the subject property.
1. Approve the application as submitted. The applicant proposes to add a porch over an
existing deck located 68' from the 904 contour and 4' from the north side property line.
This would require a lakeshore variance of 7' from the 75' requirement. In addition, the
proposal will require a side yard variance of 6' from the 10' requirement.
2. Table or continue the variance for specific reasons.
3. Deny the application based upon findings and facts relative to the hardship criteria of the
Zoning Ordinance, inconsistency with precedent or other purposes related to the Zoning
Code.
HARDSHIP FMINGS
1. Literal enforcement of the Ordinance would result in undue hardship with respect to the
property.
The proposal will not cause further encroachment of the existing legal non-conforming
lakeshore or side yard setbacks.
2. Such unnecessary hardship results because of circumstances unique to the property.
Rationale for granting the variances is that similar setbacks are prevalent on other
structures in the neighborhood, and the location of the structure was determined by a
former government jurisdiction. The existing deck and single family home has a legal
non - conforming setback which is not proposed to be increased.
3. The hardship is caused by provisions of the Ordinance and is not the result of actions of
persons presently having an interest in the property.
The hardship is not the result of the applicant nor the City of Prior Lake, but the result :>f
former platting and zoning standards of Spring Lake Township.
4. The variance observes the spirit and intent of this Ordinance, produces substantial justice,
and is not contrary to the public interest.
The proposed improvements observe the spirit and intent of the Ordinance in that it is not
encroaching on the setback any more than already exists. Substantial justice would be
realized by allowing the applicant to improve the property with respect to the adjacent
neighborhood. The proposed addition is vot contrary to the public interest in that the legal
non - conforming setbacks are being increased.
-1- 17
PID# lei- 141 -
CM OF PRIOR I=
APPLICATION FOR VARIANCE
Applicant: rf lc/L Hone Phone: 4:5/7 5876
Address: 3i z y 8 v =e yy r Qiec4e work Phone: 447 -d198
Property Owner: SELF Home Phone:
Address: SAmE 1 49 AM(YE Work Phone:
Type of Ownership: Fee Contra x Purchase Agreemen
Consultant/Contractor' SELF P hone:
Existing Use � /
of Property: WCML 51u6Lk- Fnnvl.Y Present Zoning 913
Legal Description � Z67 41 �Tfiu/oA0
of Variance Site:
Variance Reque - Sea s o• it d Pt /� P
r/95r' �Wl�y CP�.K 7 u1KL5HORE� V/�21/ 420 L CD YM
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? Yes _A ND
What was requested:
When: Disposition:
Describe the type of improvements proposed:
SUBMISSION M1QMUZMM:
(A)Completed application form.. (B)Filing fee. (C)Property Survey indicating the
proposed development in relation to property lines and/or ordinary- high - water mark;
proposed building elevations and drainage plan. ())Certified from abstract firm,
names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. WOomplete legal description & Property Identification Umber
(PM). (F)Deed restrictions or private covamnts, if applicable. (G)A parcel map
at 1r- 20 showing: The site development plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
r r• ON a s1 - o - i 11 1 ti IF
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree toB{ wide information and follow the
procedures as outlined in the Ordinance. // / el
Applicants Signature
Sulmitted this / day Of � 19�3
Fee Owners Signature
451 y- , 417144 I P o-1 �/ :1' 7 .i4Ns_ 1 : +4,•�
II` �i.'''3 K �� F• •71 I�J11io-1 4 •P Jl 14
CONDITIONS•
Signature of the Planning Director Date
'VAl2PN
;
You are hereby notified that a hearing will be held by the Planning Commission in
the Prior Lake Council Chambers at 4629 Dakota Street &E. on:
June 17, 1993 at 8:30 P.M.
:i l
SUBJECT SITE LOCATION:
REQUESTED ACTION:
To consider a variance application for
Richard Steinhoff of 3124 Butternut Circle..
3124 Butternut Circle, Lot 41, Block 1,
Northwood, Scott County, Minnesota.
The applicant proposes to add a 12 foot by 15
foot three - season porch over an existing
deck. In order to construct the proposed
improvements, the following variances are
requested: a 7 lakeshore variance from the
75' lakeshore setback requirement, and a 6'
north side yard variance from the MY side
yard setback requirement.
If you desire to be heard in reference to this matter, you should attend this meeting.
Oral and written comments will be accepted by the Planning Commission. For
more information, contact the Prior Lake Planning Department at 447 -4230.
Prior Lake Planning Commission
DATE MAILED: June 2, 1993
4629 Dakota sL SE. Prior lake, Minnesota 55372 / M (612) 4474230 / Fax (612) 447 -4245
AN EW4L OPPORM"rY EMPLOYER
Survey fo .
RICK AND MARY STEINHOFF fir`
:i�
PRj
Uao�
41 N E50/
, �,.
AGENDA ITEM 3
SUBJECT CONTINUE DISCUSSION OF LICENSED RESIDENTIAL
CARE FACILITIES
PRESENTER DEB GARROSS, ASSISTANT CITY PLANNER
PUBLIC HEARING g YES _ NO
DATE JUNE 17,1993
The purpose of this item is to continue a public hearing to consider a proposed amendment to
Prior Lake Zoning Ordinance 83-6. The proposal is a house keeping amendment proposed in
order to bring the Zoning Ordinance into consistency with Minnesota Statutes 462.357 Subd. 7
and Subd. 8. (See attached MS excerpt for details).
The amendment proposed is a simple change in the Ordinance. M.S. g 462.357 Subd. 7 and 8,
specify that the listed licensed residential care facilities cannot be restricted from single family
and multifamily residential zoning districts. The uses listed in the statute are permitted
regardless of whether they are listed in Prior lake's Zoning Ordinance. Staff felt that since the
uses are permitted by statute, it would be appropriate to list the uses in the Zoning Ordinance for
public information.
The statute requires that state licensed residential facilities serving six or fewer persons; licensed
day care facilities serving 12 or fewer persons; and group family day cam facilities licensed
under Minnesota Rules which serve 14 or fewer children "Shall' be a permitted use within single
family zoning districts. Therefore, the proposed amendment lists those uses as permitted uses in
the R -1, Urban Residential Zone.
The statute provides that state licensed residential facilities serving from 7 -16 persons or licensed
day care facility serving from 13 - 16 persons shall be considered as a permitted or conditional
use within multifamily zoning districts. Staff felt it appropriate to list the uses as conditional
uses because discretion is allowed by the statute to use a conditional use permit process to
assure proper maintenance and operation of a facility provided no conditions shall be imposed on
the facility which are more restrictive that those imposed on other conditional uses of residential
property in the same zones.
4624 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPOKTUN Y 134KOYER
The Planning Commission may allow the licensed facilities as permitted uses within the
multifamily district however, staff recommends that the conditional use process be utilized do
order to allow the Commission and City Counc;t the Opportunity to review each application for
conristenct with adjacent uses in the multifamily districts.
The Zoning Ordinance stipulates that any use not listed as a permitted or conditional use is
prohibited within the Zoning district Therefore, then is no assumption that certain facilities are
permitted, unless specifically fisted in the Zoning Ordinance. There is only one residential taro
facility serving senior adults within the R -1 Zone. 'hero arc a number of day care facilities for
children which are operated out of single family homes within the R -1 Zoning district The other
uses listed in the statute are not known to exist within Prior lake.
Again, the purpose of this item is to be consistent with the statute. Even though the existing
Zoning Ordinance does not list the uses proposed in the amendment, an individual could not be
prohibited from conducting the use within the specified zones, provided that the use is consistent
with the statute. The uses proposed in the multifamily districts are listed as conditional uses
because the statute allows it It would be appropriate to utilize the conditional use process rather
than a permitted use in order to allow the City the opportunity to review the use in relation to
adjacent development and place conditions upon the use to mitigate negative impact on other
properties.
ALTERNATrM
1. Recommend that the City Council adopt Ordinance 93 -14.
2. Table this issue for further information.
Alterative 1. A motion to recommend that the City Council adopt Ordinance 93 -14.
"ZO050R"
CITY OF PRIOR LAKE
ordinance No. 93 -14
AN ORDINANCE AMENDING PRIOR LAKE CITY CODE TITLE 5, CHAPTER 3;
AND PRIOR LAKE ZONING ORDINANCE 83 -6.
The Council of the City of Prior Lake does hereby ordain the
following sections be amended as follows:
R -1 URBAN RESIDENTIAL
Permitted Uses
8. Licensed day care facilities serving 12 or fewer persons.
9. State licensed residential facilities serving 6 or fewer
persons.
10. Licensed group family day care facilities to serve 14 or
fewer children.
R -2 URBAN RESIDENTIAL
Conditional Uses
7. Licensed day care facilities serving 13 or more persons.
18. State licensed residential facilities serving 7 to 16
persons.
R -3 MULTIPLE RESIDENTIAL
Conditional Uses
12. Licensed day care facilities serving 13 or more persons.
14. State licensed residential facilities serving 7 to 16
persons.
R -4 MIXED CODE RESIDENTIAL
Conditional Uses
3. Licensed day care facilities serving 13 or more persons.
8. State licensed residential facilities serving 7 to 16
persons.
This Ordinance shall become effective from and after its passage
and publication.
Passed by the City Council of the City of Prior Lake this
day of , 1993.
ATTEST:
City Manager
Published in the Prior Lake American on the _ day of ,
1993.
DRAFTED BY:
Lommen, Nelson, Cole 6 Stageberg, P.A.
1800 IDS Center
Minneapolis, MN 55402
462357 HOUSING. REDEVELOPMPM, PLANNING. ZONING 9406
should not be excluded by municipal zoning ordinances or other land use regulations
from the benefits of normal residential surroundings. For purposes of subdivisions 6a
through 9, "person" has the meaning given in section 245A -02, subdivision 11.
Solid. 7. Permitted single family use. A state licensed residential facility serving six
or fewer persons, a licensed day arc facility serving 12 or fewer persons, and a group
family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445
to serve 14 or fewer children shall be considered a permitted single family residential
use of property for the purposes of zoning.
s o lid. S. Permitted multifamily am Except as otherwise Provided in subdivision
7 or in any town. municipal or county zoning regulation as authorized by this subdivi-
sion, a state licensed residential Ifni ity serving from 7 through 16 persons or a licensed
day care facility serving from 13 through 16 persons shall be considered a permitted
multifamily residential use of property for purposes of zoning. A township, municipal
or county zoning authority may require a conditional use or special use permit in order
to assure proper maintenance and operation of a facility, provided that no conditions
shah be imposed on the facility which are more restrictive than those imposed on other
conditional uses or special uses of residential property in the same zones, unless the
additional conditions are necessary 10 protect the health and safety of the residents of
the residential facility. Nothing herein shah be construed to exclude or Prohibit resides-
tial or day care facilities from single family zones if otherwise permitted by a local zon-
ing regulation.
History: 1963 c 670 s 7. 1969 c 259 s 1; 1973 a 123 art S s 7; 1973 c 379 s 4; 1973
C 539 s 1, 1973 c 359 s 1.1; 1975 c 60 s 7.1978 a 786 s 14,15; Ex/979 e 2 s 12.43; 1981
e 356 s 248; 1982 a 490 s 2; 1982 a 507s 22,• 1984 a 617s 6.8,• 1985 a 62 s 3,• 1983 a 194
s 23; 1986 c 444; 1987 c 333 s 22, 1989 c 82 s 2; 1990 c 391 art 8 s 47,• 1990 c $68 an
1s6667
462358 PROCEDURE FOR PLAN EFFECTUATION; SUBDIVISION REGULA-
TIONS.
Subdivision L [Repealed, 1980 c 566 s 35] and neral
Soli a. A To protect and promote the public health, safety, ge
welfare, to provide fortheorderly, economic, and safe development ofland, to preserve
agricultural lands, to promote the availability of housingallordable to persons and fam-
ilies of all income levels, and to facilitate adequate provision for transportation, water,
sewage, storm drainage, schools, parks, playgrounds, and other public services and
facilities, a municipality may by ordinance adopt subdivision regulations establishing
standards, requirements, and procedures for the review and approval or disapproval
of subdivisions. The regulations may contain varied provisions respecting, and be
made applicable only to, certain classes or lands of subdivisions. The regulations shall
be uniform for each class or ldnd of subdivision.
A municipality may by resolution extend the application of its subdivision regula-
tions to unincorporated territory located within two miles of its limits in any direction
but not in a town which has adopted subdivision regulations; provided that where two
or more noncontiguous municipalities have boundaries less than four miles span, cub
is authorized to control the subdivision of land equal distance from its boundaries
within this area.
Solid. 2. [Repealed, 1980 c 566 a 351
Solid. 2a. Terms of regulations. The standards and requirements in the regulations
may address without limitation: the size, loation, grading, and improvement of lots,
structures, public areas, streets, roads, trails, walkways, curbs and gutters, watersuppb,
storm drainage, lighting, sewers, electricity, gas, and other utilities; the planning and
design of sites; access to solar energy; and the protection and conservation of flood
plains, shore lands. soils, water, vegetation, energy, air quality, and geologic and
ecologic features. The regulations shall require that subdivisions be consistent with the
municipality, o ffi c i a l map if one exists and its zoning ordinance, and may require con'