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HomeMy WebLinkAbout1993 October Planning Commission Agenda PacketsIqC13 REGULAR PLANNING 1 AGENDA Thursday, October 7, 1993 7:30 p.m. 1. Call meeting to onler. a) Review minutes of previous meeting. 7:35 p.m. 3. VARIANCE - Richard Mueller 8:30 p.m. 4. VARIANCE - Mark Manthey All times stated on the Planning Commission Agenda, with the ettYption of Public Hearings, are approximate and may start a few minutes earlier or loW than the scheduled time. 4629 Dakota St. SE, Prior lake Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL orrarrurary 136MVER PLANNING COMMISSION MINUTES September 16,1993 The September 16, 1993, Planning Commission Meeting was called to order by Chairman Arnold at 6:30 P.M. Those present were Commissioners Arnold, Greenfield, Director of Planning Horst Graser, Associate Planner Gina Mhchell, Consultant Blair Tremere, and Secretary Rita Schewe. As there was not a quorum present, the minutes were moved to a later time in the agenda. Commissioner Roseth arrived at 7:30 P.M. Commissioner Loftus arrived at 8:13 P.M. The final meeting of the neighborhood districts which included the entire city was called to order by Chairman Arnold. He then introduced Horst Graser, Director of Planning, who gave a brief summary of the reason for initiating the neighborhood meetings and what was hoped to be accomplished. The input from the citizens will be part of the Comprehensive Plan 2010 outlining the goals and objectives for the City of Prior Lake. Blair Tremere was retained as a consultant to the City to prepare a draft of this input to the comprehensive plan. E.K. Whiting -14897 Manitou Road, stated that the taxes are high, the tax base needs to be increased, and industry is not the panacea it seems to be. Mr. Whiting made the comment that building smaller less valuable homes generally take more out of the system then they put in. For a house less than $135,000.00, the goods and services provided for that home are generally more expensive than the taxes that it generates. Higher priced houses would produce more taxes and there could be fewer children, which would help the educational system. We are at a junction of where we can go with the smaller homes and struggle with the tax base, or have a upper/middle field of larger homes and lots. Mr. Whiting feels the "open feeling" should be maintained in Prior Lake. There are a lot of artificial and natural barriers between neighborhoods and a trail system would connect the neighborhoods. He also asked the question if Prior Lake will have access to the County Road 18 bridge. Karen Matz -15510 Breezy Point Road, Lakefront Neighborhood, stated she envisions a city open to a wide variety of price ranges and types of people. Does not believe Prior Lake should or can set themselves apart to be "attained ". Anyone who came to Prior Lake 10 years ago because of the country feeling did not have a guarantee the open space would always be them forever To have the open space people should purchase property outside the city limits where this is the standard, to buy inside the city limits and expect the spaciousness to remain fool only themselves. We are a lakeshore community, and a bedroom community, which is not a bad thing to be and we should capitalize on the fact this is a nice place to live. There is a silent majority of people who feel the same way. We need to be market driven. Taxes are not the issue but schools are the issue. Parks and trails are nice but need to be maintained and cause a problem if on the property. We should not put fences around Prior Lake. Commissioner Greenfield quoted from Stafrs report on The Wilds project to the Metropolitan Council of 65% of housing in Prior Lake is below $120,000.00 and almost 3% is above $200,000.00. E.K. Whiting -14897 Matdtou Road, did not feel houses would be mon expensive since land is less valuable in Prior Lake and that most people don't expect to have a new "starter" home. Prior Lake is at a crossroads now to decide if to go with mass housing and taxes will have to increase. PLANNM COMMION sr Wit' 1993 If there are more children, this in tum will increase classrooms, teachers and more money is needed for the school systems. Jim Riccioli-4290 Grainwood Circle, believes there should be a mixture of housing. He felt larger lots should be considered in the Jeffers Pond area In the older neighborhoods, the owners have a difficult time to improve their property because of the ordinances that are in effect today. The City should make sure the lots platted now are large enough if the owners wish to improve in the future. Potential businesses should be planned for rather than shut out and a second industrial park planned. Trails and sidewalks are a public facility and are used John O'Loughlin -2988 Valley View Road, Shakopee, wanted to know how he can have his land rezoned for commercial and what he has to do. Mr. Graser explained the procedures and what has to take place for this to happen. A discussion followed on how to incorporate the Sioux community into the Comprehensive Plan. Mr. Tremem gave a short summary on the procedures and that it is a political and policy issue. Marianne Whiting -14897 Manitou Road, stated that when people are out on the trails and sidewalks, they are aware of their community. We should have stores for people from adjoining towns to be able to shop here. The question was asked if a walkway would connect the Wagon Bridge to Wind Song area and location of the corridor from 35W to bypass Burnsville area. Mrs. Whiting thanked the Commissioners for having the neighborhood meetings. A request from the audience asking for a continuance of the forum after the regularly scheduled meetings. The was agreed on by the Commissioners. A recess was called at 7:57 P.M. and reconvened at 8:00 P.M. The Meeting was called to order at 8:00 P.M. by Chairman Amold ITFM I REVIEW MINUTES OF PREVIOUS MEETING MOTION BY ROSETH, SECOND BY GREENFIELD, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Roseth, Greenfield, and Arnold MOTION CARRIED. ITEM II_ANDY VALDMANIS _ VARIANCE Mr. Andy Valdmanis of 5237 - 46th Ave. South, Minneapolis, stated he has a lot at 5405 Short Trail and had received a variance for the property in August, 1992, but due to the length of time taken by the surveyor, when he brought in the plans for a building permit, his variance had expired. The variances are requested to construct a house and garage and then has been some minor changes made. Gina Mitchell, Associate Planner, presented the information as per planning report of September 16, 1993. A 5 foot east sideyard setback from the 10 foot sideyard setback requirement and a 5% impervious surface variance from the 30% impervious surface requirement is being requested. The lot is 50 X 280 which results in a lot of substandard width. The area was platted under Eagle Creek Township. The survey has been revised since the previous variance was granted and shows the home located 35 feet further from the Lakeshore. A 15' X 35' detached garage has been added in addition to the garage attachai to the house. This revision may have changed the impervious surface coverage of the lot. PLANNIM COMMISSION S�bv 16. tit Recommendation from Staff is to approve the 5 foot east sideyard variance but to deny the impervious surface variance as hardship is caused by the design created by the applicant condition in the previous variance was that the existing cabin be removed during the wiater t( allow the applicant to remove the debris over the ice rather than up the steep bank or: *fit- property. Staff recommends this condition be included in the motion again. Comments from the Commissioners were on; reasons for two garages on property, removal of old cabin, type of surface on driveway, design of structure, and reduction of the impervious coverage. Commissioner Loftus abstained from comments as he had just arrived. Mr. Valdmanis stated he would have no problem in reducing the width of the driveway to meet the code requirement. MOTION BY ROSETH, SECOND BY GREENFIELD, TO APPROVE A FIVE (5) FOOT EAST SIDEYARD SETBACK FROM THE TEN (10) FOOT SIDEYARD SETBACK REQUIREMENT FOR 5405 SHORE TRAIL, AS THE LOT IS SUBSTANDARD IN WIDTH, THE VARIANCE IS SIMILAR TO THE VARIANCE GRANTED IN AUGUST OF 1992, PRECEDENCE HAS NOT BEEN SET, AND HARDSHIP WAS CREATED BY A PREVIOUS GOVERNING BODY, AND TO DENY THE FIVE (5)% IMPERVIOUS SURFACE VARIANCE FROM THE 30% IMPERVIOUS SURFACE REQUIREMENT OF THE SHORELAND DISTRICT AS THE HARDSHIP WAS CREATED BY THE APPLICANT AND NOT BY ANY ORDINANCE OR MUNICIPALITY. THE CABIN IS TO BE REMOVED PRIOR TO AN OCCUPANCY PERMIT FOR THE NEW HOME. Vote taken signified ayes by Roseth, Greenfield, and Amold. Commissioner Loftus abstained. MOTION CARRIED. A recess was called at 8:32 P.M. and reconvened at 8:35 P.M. George Lambrou -3124 Fairview Road, stated he is proposing to construct a 24' X 26' attached garage. The elevation of the garage and driveway will be 5 feet higher than the house and needs the variances to allow the water to drain to the road. Associate Planner Gina Mitchell presented the information as per the planning report of September 16, 1993. The variances requested are, a 31.5 foot setback variance from the 85 foot County Road setback requirement, a 9 foot front yard variance for the 25 foot front yard setback requirement, and a 4 foot east sideyard variance from the 10 foot sideyard setback requitement The existing home was built 6.5' from the east property line and the proposed garage will not encroach further into the sideyard. The neighborhood is undergoing conversion of cabins to single family homes. This property was platted and developed under Spring Lake Township. A letter from Brad Larson, Scott County Highway Enginea, was entered into the record stating that Scott County does not object to the request, but would defer its position to be the same as the City's position due to the future potential jurisdiction of County Road 18 being assumed by Prior Lake. Recommendation from Staff is to approve the variances requested as the criteria of the four hardship standards of the Zoning Ordinance have been met Deb Garross, Assistant City Planner, gave a brief outline of the setbacks associated to the county road. Comments from the Commissioners were on; past and present county road setbacks, unusual intersection, and the be applicant aware of Scott County's future plans for County Road 81. MOTION BY GREENFIELD, SECOND BY LOFTUS, TO APPROVE A 31.5 FOOT SETBACK VARIANCE FROM THE 85 FOOT COUNTY ROAD SETBACK REQUIREMENT, A 9 FOOT FRONT YARD VARIANCE FROM THE 25 FOOT FRONT YARD SETBACK REQULREMENT, AND A 4 FOOT EAST SIDEYARD VARIANCE FROM THE 10 FOOT SIDEYARD SETBACK REQUIREMENT FOR 3124 FAIRVIEW ROAD. RATIONALE BEING THE PROPOSED BUILDING IS THE ONLY LOGICAL LOCATION, PRECEDI NCE HAS BEEN SET BY PREVIOUS VARIANCES IN THE AREA, HARDSHIP IS NOT THE RESULT OF THE APPLICANT NOR THE CITY OF PRIOR LAKE BUT OF A PREVIOUS GOVERNMENT, AND rI' WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. Vote taken signified ayes by Greenfield, Loftus, Arnold, and Roseth. MOTION CARRIED. At this time the Neighborhood Meeting was recalled to continue the discussion. Greg Matz, 15510 Breezy Point Road, stated he has been involved with development and the realty business approximately 20 years. He has been involved in the surrounding communities when they were going through their "growing pains ". One of the issues that were brought up that Mr. Matz took exception to was the larger lots and limiting the value of homes to built. Anyone who wishes to live here should be able to do so and not be limited or have to wait to "attain" the privilege to live in Prior Lake. The City and the County both provide the mill ate that are necessary to raise the taxes to pay the bills and the value of the house has little to do with it. Using the word attain could produce a very touchy issue in regards to the Equal Opportunity Act Any time you limit people, be it financial, home buying, and the enjoyment thereof, we need to be very careful. A city has to grow or it will die. Mr. Matz would not like to see the City become wrapped up in large lottlarge house issues. There should be various sizes of lots to accommodate all levels of interest Discussion continued with comments from Commissioner Loftus, Greenfield, Mr. E.K. Whiting, and Mr. Blair 7remere. At this point Chairmen Arnold announced this is not a debate and all parties concerned have had a change to voice their opinions. Commissioner Greenfield thanked Blair Themere for his efforts and contributions to the neighborhood meetings. MOTION BY ROSEfH, SECOND BY ARNOLD, TO ADJOURN THE MEETING. Vote taken signed ayes by Loftus, Arnold, Roseth, and Greenfield. MOTION CARRIED. The meeting adjourned at 9:20 P.M. Tapes of the meeting are on file at (Sty Hall. Horst W. Graser Director of Planning Rita M. Schewe Recording Secretary PLANNM COM MISSON s NP4 ate AGENDA ITEM: SUBJECI: APPLICANT. SITE ADDRESS: PRESENTER: PUBLIC HEARING: DATE: r_ANNING REPORT 1 VARIANCE RICHARD MUELLER 17244 SUNSET TRAIL GINA MITCHELL YES XNO OCTOBER 7, 1993 HIRTORY/BACHGROUNrD. The Planning Department has received a variance application from Richard Mueller of 17244 Sunset Trail. The applicant proposes to construct a 10' z 10' storage shed which will be attached to the north side of a present garage. The following variances are requested in order to construct the improvements as proposed: 1. 10' north side yard setback variance from the 10' side yard setback requirement. 2. 29.5' setback variance from the 85' County Road setback requirement. PR.BVrOUS PROPOSAL a: In March of 1989, the applicant was granted a 4' north side yard, a 6.4' south side yard, and a 26' Lakeshore variance. These variances were granted so the applicant could build a deck and an addition to the existing cabin. PHYSIOGRAPHY The applicant's lot is approximately 177' long and 50' wide from east to west. The east property line is adjacent to Sunset Trail, while the west property line abuts Spring Lake. The north property line is adjacent to one of the two narrow public access points to Spring Lake within the Prior Lake City limits. This is the area that the applicant proposes 100% encroachment. ADJACENT USES: The subject site is located within a subdivision which is experiencing the conversion of cabins to single family dwellings. Some of the small adjacent lots in this area consist of cabins and decks, and are without a single car garage. The entrance to the public access (Lot S, Sunset Shores) of Spring Lake, off of Sunset Trail, has been landscaped with rocks, shrubbery, and has been fenced off. The remaining portion of this lot has also been landscaped, and there have been 4629 Dakota St. SE, Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPOffrUNRY EMPLOYER additions such as the National Flag and other lawn o rnamen ts to the lot. While the City Park's Department appreciates the applicant's maintenance, the area appears to the public as an extension of the applicant's property, and not an area for public access to Spring Lake. ERISTING CONDITIONS: The subject lot has an approximate area of 8,735 square feet. The attached survey indicates the iocation of the home, deck, two-car garage, and the proposed shed. The applicant's home is built parallel to the lakeshore, which has resulted in the structure sitting skewed on the lot (not parallel to the north/south property lines). The Planning Report 89 -03, stated that the County Assessor Office's records indicate that the existing cabin was built in 1930. The northwest corner of the cabin was built .4' from the north property line. The proposed shed would attach to the garage and encroach the side yard 100%. The subject property is part of the Sunset Shore Subdivision which was platted in 1926 within Spring Lake lbwnship. In 1975, the City of Prior Lake annexed this area. PRECEDENCE• Staff researched an area consisting of four lots to the north and four lots to the south of the applicant's property. Two variance files exist for this area. The variances that were granted are for a 43' fient yard, 5' side yard, and a 3' side yard The lots to the north of the applicant'e have been combined to create approximately 100' wide parcels. 1. Approve the application as submitted. 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 applicant already has a two -car attached garage an the property and the lack of a shed has not been considered a hardship by the Planning Comwission in similar circumstances. 2. Such unnecessary hardship results because of circumstances unique to the property. The opportunity existed to realign the home parallel to the lot lines when the applicant upgraded the summer cabin to a home. This would have created a lot that had side yards which may have provided an adequate location for a storage shed. 3. The hardship is caused by provisions of the Ordinance, and is not the result of persons presently having an interest in the property. The applicant is proposii.g a structure on a lot that is already overdeveloped for a lot of its size. Staff feels that the public access to the north already appears to be owned by the applicant, and that further encroachment would only enforce that appearance. This is contrary to the intent of the proposed 2010 Comprehensive Plan, relative to public access to natural features. 4. The variance observes the spirit and intent of this Ordinance, produces substantial justice, and is not contrary to the public interest. The former platting and zoning standards of Spring Lake Township has created a subdivision that has lot lines that do not ran parallel to Spring Lake, and thus the home is sitting skewed on the property, with no north side yard This encroachment does not warrant 100% encroachment for the construction of a shed. The purpose of side and front yard setbacks are to provide for aesthetic and functional purposes relating to the sense of space, appropriate area for utilities, and erosion control. The Planning Commission has granted variances to this site in the recent past to allow for development of the lot, similar to other properties of the same size and configuration. In 1988, the City won a lawsuit with Don Johnson, of 14966 Pixie Point Circle. The court upheld the City's contention that the ohed be located to meet all setback requirements. A storage shed has not been considered a hardship for purposes of granting variances from setback requirements. As such, the application is contrary to the purpose of the Zoning Ordinance, and would create a negative precedent within the community, especially considering the "Johnson" Court decuion of 1988. Staff recommends Alternative number 3 due to the fact that the applicant's request for a 10' north side yard and 29.5' County Road setback variance has not met the four hardship standards of the Zoning Ordinance. III L' U �s L l vA s i ' QTY OF PRIOR LAKE PID# APPLICATION FOR VARIANCE lf- fl V Some Phone: y ? - 7_S Address: Stork Phone: —+ Property Owner: J: A Ham Phone: Address: Work Phone: Type of Ownership: Fee Contract Purchase Agreement 7 Consultant/Contractor: Phone: Existing Use of Property: �,icj&e }4.t4 :( Present Zoning: Legal Description of Variance Site: Variance Requesten � ✓ ' fL� =fie o ) Has the applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any Tn 1S past of it? % � Yes /o' -N(w 40AA e What was. retWested.: /laA,d:ni. �,Lr1 .uul� / -IAwD .�v6�S/g, 0 SD&ffSSION FSMFEMENTS (1)Campl.eted application fowl. (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. (D)Certif ed frcm aabsst�ract firm, names and addresses of property owners within 100 fed of the exterior boundaries of the subject property. (E)Complete legal description & Property Identification Number (PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map at 1 °- 20' -50' showing: The site development plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. OMY COMPLME APPLICATIONS SW, BE ACCEPTED AND REVIEM BY THE PIAHIIM COMISSION. To the best of my knowledge the information presented on this form is correct. In addition, I have rend 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. !7 A n A') A. All. APpl re Submitted this ; day of ..Ad 7 Fee Owners Signature THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIM=R CONDITIONS: Signature of the.Planning Director Date � Eso--tl N� 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: mor m, PURPOSE OF HEARING: SUBJECT SITE LOCATION: County, Minnesota REQUESTED ACTION: To consider a variance application for Richard Mueller of 17244 Sunset Trail. 17244 Sunset Trail, Lot 2 Sunset Shore, Scott The applicant proposes to construct a a 10' x 10' storage shed attached to the north side of a present garage. In order to construct the improvements the following variances are requested: a 10' north side yard setback variance from the 10' side yard setback requirement, and a 29.5' setback variance from the 85' County Road 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: September 23,1993 4629 Dakota St SR, Pnor lake, Mtrmesota 55372 / Ph. (612) 447 1230 / Fax (612) 447.4245 AN EQUAL OPPOKRRM ENflaVrR � ARK Z o 3 �s C I6 r I OUTLOT A 6 d MUELLER SITE MAP W 15 7 � " 31 w 13 3C - 8 w 12 _ u 2 14 13 uNS 9 ^ 'RING LAKE ' b - am z Ji _ 2 1 d� '3 @ 3Z I r' 27 e � 6 3:,y'°44e r 10 1 PROPERTIES WITH VARIANCES 7 T °> _ p1 6 3 26 25 , 5 Z 5 aZS 6 270 J ' 4 UI 2" +y l 3 3 PARK PAU 20 7 e � ° } FRANCIS WORRELL 4/3 I / / C 136373 I 1'S ,^ �0 9 - b r a 37 � B 7 36 q1 \ 4A 25 46 `� n n �� 34 j y ^ 33 32 \ \p y o! t - 30 ` ,A 26 27 7 e � ° } FRANCIS WORRELL 4/3 I / / C 136373 I _z ®� `�3 OW 3i1•� / F P OG s piRl . `per•• j / r li J t 311 MUELLER VARIANCE of �_••• +_ •w =• tV,a9 0V[S CLx[II V6[V S 9 PO.r 16. 19W ntoefa a � CITY OF PRIOR LAKE "VA03PC" PLANNING REPORT �a v SUBJECT VARIANCE APPLICATION APPLICANT: RICHARD MUELLER $070"ITE: LOT 2, SUNSET SHORE Ry a 4 NORTH SIDE; 6.4# SOUTH SIDE AND 26 REAR YARD SETBACK VARIANCES BACKGROUND: eiff� applicant has submitted an application to the Planning Commission to consider several variances in order to build a deck and addition to an existing cabin. The legal description of the site is Lot 2, Sunset Shore. Sunset Shore subdivision was T in 1931. Records from the County Assessor's office indicate that the cabin existing on the site was built in 1930. (See attached maps and materials for reference to this item). SITE ANALYSIS: T subject site consists of approximately 9,800 square feet and is zoned R -1 Urban Residential and S -O Shoreland District. The existing cabin is at variance with side and rear yard setback requirements. An existing deck and shed encroach over the north property line of Lot 2. The lot is located in a low lying area and is divided by an existing sewer easement. encroach over the intent of side of the c setbacks in eighty three fi Road 81. Thi variance needei variance is ne pnor rem o ve t c wh th propertylineof the subject site. It is applicant to build an addition to the easterly and a deck on the westerly side. The required district are ten foot side yard and an setback measured from the centerline of County plicant has attempted to diminish the amount of nd has designed the additions so that no from the 911 contour at Sorina Lake. 012) 447-4230 1828 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 65372 It is unfortunate that the existing cabin was not b to the east /west property lines, which would have amount of variance needed. The proposal is to keep in alignment with the existing walls of the cabin. has attempted to minimize variances needed and will structures which currently cross over the north The coverage ratio of tt proposed addition approximately 16 percent and will not require varia concerned with the ability of the applicant to me management requirements under the existing proppos additions must have a floor elevation of at lea were no elevation markings presented with the survey building permit issued for this site will have to flood plain management requirements. uilt parallel diminished the the addition The applicant remove two property Line. s will be nce. staff is et flood plain al. All new st 914. There however, any comply with RECOMMENDATION: T reP�commen3 from staff is to approve the variances as requested. The a plicant has attempted to minimize the amount of variance needed ao improve his lot. The hardship was not caused detriment p al the i general ,s health on and a welfare of public not A9 -p3 ITEM III - RICHARD MUELLER - LMMMORE VARIAN Richard Mueller, 4506 Vandervore, Edina, MN, stated that he bought the house as a retirement home and would like to remodel and bring it up to code standards. Horst Graser stated that the area where this home is built, houses were built at an angle to face the lake rather than in line with lot lines, thereby causing the variance application. The deck requires a 4' sidayard south, 6.4 sideyard north and 26 rear variance. The improvements would increase the property value. Question from Paul i Jan Geis, 17226 Sunset Trail, was an space for parking. Mr. Mueller assured them that there would be space for parking cars on his property. commissioners were concerned on the variances but due to the pp and is the lot is 1 2 Vote taken signified ayes. MOTION CARRIED..` MOTION BY ARNOLD, SECOND BY ROSETH, TO ADJO1 Vote taken signified ayes. Motion carried. Meeting to adjourned at 8:30 P.M. *Tape of meeting available at City Hall. N . Horst Cramer R1G Director of Planning Rea c A 8R'20 CITY OF PRIOR LAKE .� VARIANCE - DONALD JOHN!= JDLy 7, 1988 am=. To consider a 15 foot lakeshore and 2.9' north side yard variance for 14966 Pixie Point Circle. The subject site is legally described as Lot 14, First Addition to Eastwood. STAFF ANALYSIS This variance application is the result of a building permit application process which revealed that incorrect information had been submitted regarding the subject "storage shed.' Attached find correspondence letters from the 'City of Prior Lake and Donald Johnson, building permit 88-019 and survey. The '.subject site is zoned R -1/S -D which requires 75' iakeshore and 10' side yard setbacks. that in building permit was subsequently revoked am to one eixamaami xa ,.. information. The applicant w:e informed that he had two options, remove the structure or apply for a variance. The subject site is developed with a single family home, large deck, two sheds and a double garage. The 'subject shed" is 12 x 17' according to the survey •& in vA.inn that this structure Could be located in is request. M Semdt explained that he has had several noise problems in the past with the Johnson's and he felt that the a shed" would only e:maperaie the sitmtion. The The recammfttion from staff is to day the variance request. There are alternative locations for the structure which would meet setback requirements and no hardship has been demonstrated which would war rant the gra of a structure should be ravoved within i application denied The (m) 447.423o 4a29 CAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 66772 Minutes of the Prior Lake City Council may 1, 1989 ; MOTION MADE BY LARSON, SECONDED BY FITZGERALD, TO APPROVE THE Bon Clark ADMINISTRATIVE PLAT AND VARIANCES SUBJECT TO THE FOLLOWING variance CONDITIONS: 1. THE GARAGE ON LOT 10 BE REMOVED. - 2. THE PROPOSED BASEMENT ELEVATION OF THE STRUCTURE PLANNED FOR LOT 10 BE CHANGED FROM 906.4 to 909. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. PH NOTION MADE BY LARSON, SECONDED BY FITZGERALD, TO ADJOURN THE Adjourned PUBLIC HEARING. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and white, the motion passed unanimously. The next order of business was Consider Appeal of Staff Don Johnso Decision on Don Johnson Building Permit Request. Councilmember Appeal Larson excused himself from the discussion and left the Council Chambers because Johnson is his neighbor. City Manager Unmacht presented a brief and Assistant City Planner Garross pr lot plan and gave a summary of previous Commission and City Council. Staff had done to assure the structure would be i setback requirement. Attorney Norb Tr Don Johnson, addressed the Council and stated reasons why Mr. Johnson should b shed structure. Discussion followed structure and setback requirements. Cc it should show for the record that objection to the structure. nd on the issue an overhead of the no of the Planning tad a survey be manes with the 904 resenting owner, ,•;,`I" e a the surveys and %v,', �j 1 d to retain the "n-o NOTION MADE BY WHITE, SECONDED BY , TO TABLE THE ISSUE AND HAVE STAFF TO LODE INTO THE CITY °S INTERPRETATION OF RULES ON AVERAGING AND GIVE THE APPLICANT AN OPPORTUNITY TO PRODUCE THE SURVEY WHICH HAD BEEN REQUESTED. Notion failed for lack of a second. MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO DENY THE Dan John" BUILDING PERMIT FOR THE REC- STORAGE STRUCTURE ON THE GROUNDS THAT Bldg. Pen HE DOES NOT MEET THE 75 FOOT LAKESHORE SETBACK OR HAS FURNISHED variaaca STAFF WITH THE NECESSARY INFORMATION TO UTILIZE SETBACK AVERAGING TO REDUCE THE SETBACK AS SPECIFIED IN THE ZONING CODE. Upon a vote taken, ayes by Andren, Fitzgerald, Scott; nay by White, the motion carried. 5 C 8R -2p , CITY OF PRIOR LAKE AGENDA NUMIER: sa PREPARlL Sys Haw GRASER, DLu=m or PLAN= a zoNIm- saBm= NAT=. 0ONSIDER APPm or PL� o] mSIDN DECISION - DATE: ADGUh7f 1, 1988 INTSIMOC1'IGN: on July 7, 1988, the Planning Commission considered ad subs queyy de nied variances requested by Mr. Donald e l de R+Paaling the denial to the Council. The north side f es yardvariance or 1 Pi xi Point Circe eAfMm4tBD: 41e principal issue, in this situation, is the lakeshore and side yard variance for the almLi g, 12' x 17' structure. Mr. Johnson, on the other band, feels that an additional ism is Staff's handling of the ingmatica ad notification process for the building. In Mr. Johruae's opinion this caused considerable confusion resulting in his cur predicament- Mr. Johnson was Leaned a building 1988 for a 12' x 15' storage shed. complaint was filed with the concerning Mr. Johnson's ao I row complaint was initially invest official, Gary Stayer. Arriving greeted by JaMam who informal h the structure. Hack In the office permit and quickly realized the 1 Inconsistent with the narmit. Permit an larch 1, In late Anvil. a OW by Wilding the site, Staber wee n be had a Permit for Staber reviewed the m construction was Gary Stayer ad I made a follow up, an site, impaction and determined that the , .0 ruction woe, in fact, Inconsistent with the building permit. We faun that the structure was :either a shed not had the pcaportsd setback@. In adddtian, 1 food the structure to contain a hot tub, stadnd sine windans, and other indications of a recreational structure. Staff MU Z Johnson follawd ddeb vasnalll d to this variance application. (See attachments) ■ (8i211Qr228 4M DAKOTA STRUT S.E. PWA iAKS. WMMWwA lii�x C r 88'2® DISCUSSION% On July 7, 1988, the Planning Commission considered Mir. Johnson's variances which according to the Commission, did not demonstrate a hardship and therefore denied the variances. (See attached Planning Commission Minutes of July 7, 1988.) Mr. John Coe, the affected adjacent lot owner stated at the hearing that a aide yard variance would encroach an his property too drastically. Be suggested no deviation from the aide yard setback be permitted in this ease. The focus of the Planning Commission was an alternative locations. They felt ample space existed for compliance to setback requirements. In light of this finding, together with the testimony of the neighbor, the application was denied by a vote of 3 to 1. ALTERV= E4: The alternatives are as follows: 1. Determine if the findings of the Planning OmodMdOn n.-e accurate and reconfirm their decision. A motion any or may not be required in this alternative. 2. Determine that additional and/or new facts would reverse the findings of the Planning Commission and approve the request. 3. Continue the hearing for more ad/or additional information. The Planning Comission decision was to day the variance application. Staff does not believe that any facts have changed relative to this application that would warrant a change in the Planning Commission's decision. ACPION Pawn=: The action of the Council will depend upon the dialmosio n. AT VA30MM: 7 e attachments included are as follows: 1. variance Application 2. Staff Analysis 3. Planning Comission Minutes of July 7, 1988 4. Building Permit Application and Site Plan S. 1Quy Staber's letter to Dan Johnson dated May 4, RFpURSi IS' LAKESHORE A 2.9' NORTH SIDN YARD VARIANCE C. APPLICANT DONALD JOHNSON SUHJECT SITE 14966 PIM POINT CIRCLE Si - L14, FIRST ADDN. T'O EASTYOOD i • f !OI! w RIANCE REQUEST s M`c cNCSlcw A. •. ♦ r ah � ! • 1 �� wn! _ ON F � N yV \ a Ir 4 / Z ak��399_ • aiC � 'N' YM n IAI'/r rww iwr O `' ry6. F W! a' wa.s Yr./ ` o PR /p Z:UU°' P AGENDA ITEM: SUBJECT. APPLICANT: SITE ADDRESS: PRESENTER PUBLIC HEARING: DATE: 2 VARIANCE MARK MANTHEY 15210 HOWARD LAID; ROAD, SHAKOPEE GINA MITCHELL _YES XNO OCTOBER 7, 1993 HISTutcYBACKGROUND: The Planning Department has received a variance application from Mark Manthey of 15210 Howard Lake Road, Shakopee. The applicant proposes to construct a 24' z 32' garage. The following variances are requested in order to construct the improvements as proposed: 1. 30' north side yard setback variance from the 10' side yard setback requirement. 2. 80' setback variance from the 200' natural lake setback requirement. PREVIOUS PROPOSALS• Two separate Zoning Ordinance Amendments (Ordinance 87 -07, adoption of Shoreland Management Regulations, and Ordinance Amendment 88-09, increasing County Road setbacks) that were adopted after the platting of Howard Lake Estates in 1982, if applied literally, would render the lot unbuildable. In February of 1992, due to the hardships of these ordinances, the Planning Commission granted the applicant a 70' septic system setback variance, and a 115' natural lake setback variance that allowed him to build a home on the lot (see attached variance application and staff report for further reference). PHYSIOGRAPHY The subject site is a 2.6 acre parcel located in the rural service area Howard Lake abuts the property to the south, and County Road 17 lies adjacent to the west. Howard Lake occupies 38% of the parcel. The remainin 62 %, or 1.6 acres consists of hills and low lying areas unsuitable for building, and a small portion of flat land which is the location of the home and proposed garage. ADJACENT USES To the north and east of the applicant's property are platted lots. The applicant owns the vacant northern lots ((i4 and g5). The large eastern lot (AI) is developed with a single family home. 4629 Dakota St. SE, Prior Cake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPORrUN Y EMPLOYER Howard Lake Estates is located on the western periphery of Prior Lake. Adjacent development in the City of Shakopee allows subdivisions of 2.6 acre lots. A rural, residential atmosphere has developed over time. The City of Prior Lake no longer allows this type of platting. The applicant's is one of many lots which have a grandfathered status in this part of the community. EgWEM CONDITIONS: The subject site presently contains a home and a 40' z 30' pole barn. This pole barn is to be removed and replaced with a 24' z 32' garage. PRECEDENCE- Precedence was set in 1 °88 when a variance was granted to Lot 1, Howard Lake Estates. A 100' lakeshore variance was granted to the lot which had shnilar physical characteristics as the applicant's. The previous variance to this lot also recognized these constraints. 1. Approve the application as submitted. 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. RABI IJEM CRITERIAi 1. Literal enforcement of the Ordinance would result in undue hardship with respect to the property. This rural subdivision was platted before Howard Lake was classified as a Natural Environment Lake. The current Zoning Ordinances, if applied literally to this lot, render the entire 2.6 acres of the lot unbuildable. 2. Such unnecessary hardship results bemuse of circumstances unique to the property. The home has been built in the only location of the 2.6 acres that is suitable for a septic s) .tem. The only buildable location for a garage is in the location proposed by the applicant. 3. The hardship is caused by provisions of the Ordinance and lot constraints associated with Howard Lake and the steep slopes on the pro" ! an not the result of persons presently having an interest The subject site was platted and purchased prior to Zoning Ordinance 87 -07 (adoption of Shorelend Management Practices) and Zoning Ordinance Amendment 88-09 (increasing the County Road setback requirements). 4. The variance observes the spirit and intent of this Ordinance, produces substantial justice, and is not contrary to the public interest. The increased County Road setback requirements and Moreland Management Practices have imposed strict regulations upon the applicant. Substantial justice would be observed by allowing the applicant the opportunity to improve his property with the garage in the location proposed. Staff recommends Alternative number 1 due to the fact that the applicant's rreeqquest for a 30' front yard and 80' Lakeshore setback variance has met the four hardsiup standards of the Zoning Ordinance. y,ll Type of Ownership: F Consultant/ContsaQtcr w_J -23 PID# OY -003 _Some Phone: � 0q _Work Phone• - _Home Phone: Fbrk Phone: Purchase Acreenent Existing Use of Property:. Legal Descri, of Variance Variance Rear .A -(A Zoning: Has the applicant previously sought to plat, rezone obtain a variance or conditional. use permit on the subject site or arel part of it? Yes _No What was requested: - •to /4,12. e cfcQ -i S72MISSION REQUIRE,`fENPS 5-0 (A)Ccmpleted application form. Filing fee. LtO)Property Survey indicating the proposed development in relation to property lines and/or ordinary - high-water mark, proposed building elevations and drainage plan. L4D)Certified from abstract firm, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property.11£)COmplete legal description 6 Property Identification N mlber (PID) . (F)Deed restrictions or private covenants, if applicable. (G)A parcel map at 1'- 20' -50' showing: The site development plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY C014PLErE APPLICATIONS SBALL BE ACCEPTED AND REVIEWED BY THE PLANNING COWIISSION. 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 informati and follow the procedures as outlined in the Ordinance. r/1 A 'A .n ��e ����,,,, Applicants Signature Submitted this day of 1gV r- v Fee Owners Signatures v�r i 1 sl r - , �fi , •a i• I• i 11 •• • ' •.• a• •]� o-1 1 � •.' :IY� ' / CONDITIONS: Signature of the Plann Director Date K7 P Ey �1 1 Will 9 1 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: October 7. 1993 at 9:00 P.M. PURPOSE OF HEARING: To consider a variance application for Mark Manthey of 15210 Howard Lake Road, Shakopee, Minnesota SUBJECT SITE LOCATION: REQUESTED ACTION: 15210 Howard Lake Road, Lot 3, Block 1, Howard Lake Estates, Shakopee, Scott County, Minnesota The applicant proposes to construct a a 24' x 32' garage. In order to construct the improvement, the following variances are requested: a 30' north front yard setback variance from the 50' front yard setback requirement, and an 80' lakeshore setback variance from the 200' setback requirement of the Shoreland District from the ordinary high water mark. 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: September 23, W3 4629 Dakota St SE., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 AN EQUAL OPPOaNNTY 13GU YER RA7LAhU h4NUhwMaVt4 145770 368.30 G a - ll p WILBERT TOBIAS m° 211285 234795 m 3RD 5 15210 5 6 602.3 - -- I •LOSEPH KREUSER 178859 153'11 / I \ P .1D �.. _ R 2 i ES D LAKE ? AID t, �� m n HOWARD LAKE MANTHEY VARIANCE SUBJECT SITE I � 152'1'h 245782 4 156232 d 118037 1� l a 3)9.38 2385: L / I \ P .1D �.. _ R 2 i ES D LAKE ? AID t, �� m n HOWARD LAKE MANTHEY VARIANCE SUBJECT SITE s x`� a V MP Mwf EST'a V.�uE.Sux�vE, n lxa avawnsa CERTIFICATE OF SURVEY MANTHEY VARIANCE SCALE: /. 50. oEVrs.wrr.aWrt..av aavrta uvrtaEwra.roie 'a. a g wa..,.smaxi marts r.W.•r .aw�r.r..Wrr mayr. sir mwn, w. w. nar... w ,.a..... cy 7 , , Ai 90 NOM F T YARD WtRIAN li LAW ROK �m e, Y CERTIFICATE OF SURVEY MANTHEY VARIANCE SCALE: /. 50. oEVrs.wrr.aWrt..av aavrta uvrtaEwra.roie 'a. a g wa..,.smaxi marts r.W.•r .aw�r.r..Wrr mayr. sir mwn, w. w. nar... w ,.a..... cy 7 /F YRIO\ U a � .r °VA22PC° HERITAGE 1891 COMMUNITY �_h! � PLANNING REPORT SUBJECT: Lakeshore and Septic System Variance APPLICANT: Mark Manthey SITE ADDRESS: 15220 Howard Lake Road PRESENTER: Sam Lucast, Associate Planner PUBLIC HEARING: YES X NO DATE: NeE ruary 220, 1992 SITE ANALYSIS HISTORY(BACKGROUND M; su 3 ecE Me Is a 2.6 acre parcel service area adjacent to Howard Lake and Lake is a natural environment lake whi (38) percent or one acre of the parcel 1 1.6 acre lot to develop. The required unsewered areas, natural environment adjacent to county roads. Structure setb Ordinary High Water (O -H -W) mark (958 natural environment lakes and 150 from roads. Septic system setbacks are 150 When these setbacks are applied, there is present on the lot. located in the rural County Road 17. Howard :h occupies thirty -eight laving approximately a setbacks are greater for lakes, and properties icks are 200 from the :ontour on unsewered, :he centerline of county from the O -H -W mark. not a building envelope Howard Lake Estates was platted in 1982. Two separate Zoning Ordinance Amendments have bearing on the application. In 1987 Prior Lake adopted Ordinance 87 -07, Shoreland Management Regulations. Shoreland Management established guidelines for development adjacent to bodies of water. In 1988 Zoning Ordinance Amendment 88 -09 increased the setback from County Roads. These amendments if applied literally, render the lot unbuildable. The hardship is then due to the changes in the ordinance not through actions of the applicant. The applicant requests a 115 Shoreland variance to build the house as proposed. The applicant also requests a 70 variance to install a septic system. PREVIOUS PROPOSALS: There are no previous proposals on record at City Hall for this piece of property. PHYSIOGRAPHY: SIOGRAPHY: TO MceT contains one relatively flat area in the northeast corner of the lot at the 984 elevation. A pole barn is located there and the house is proposed for the same area. The remainder of the lot contains hills or low lying areas 4629 Dakota St. &E. Pdw lake, Mnnesota 55372 / Ph. (612) 4474230 / Fax(612)4474245 unsuitable for building. The hill slopes to the south, east, and west. The O -H -W mark is approximately ninety (90) feet away, at the closest distance, from the flat area. This makes the slope approximately twenty -nine (29) percent. Howard Lake is a natural environment lake that is shallow with weeds and other vegetation growing in scattered Clumps. The slope between the lake and proposed building site contains a mixture of volunteer growth and some significant tree species. This type of lake has been classified with the most restrictive standards by the DNR - intended to protect the fragile environment. It is imperative to locate the septic system and structure as far from shore as possible. ADJACENT USES: county Roa3 17 lies to the west of the lot and Howard Lake to the south. To the north and east of the lot are platted lots. The applicant owns the vacant northern lot. The eastern lot of over seven (7) acres is developed with a single family dwelling and is in separate ownership. Howard Lake Estates is located on the western periphery of the city. Adjacent development in the City of Shakopee allows subdivisions of 2.5 acre lots. A residential /rural atmosphere has developed over time. The City of Prior Lake no longer allows this type of platting. The applicant's lots are part of a handful of grandfathered lots of record in this part of the community. EXISTING CONDITIONS: The site contains a 30 x 40 foot pole barn and a small herd of goats. A bituminous driveway runs from Howard Lake Road south past lots four (4) and five (5), but the pavement ends before the drive reaches the subject site. NEIGIIBORHOOD ISSUES /IMPACT /CONCERNS T s s a rura res en jai area with a sensitive ecosyl'stem. The lots were subdivided and development occurred before tha lake was classified as a Natural Environment Lake. Precedence has been established for development in close proximity to a lake on a lot substandard by current regulations. Variance 88 -05 granted a 100' Lakeshore variance on Lot 1, Howard Lake Estates, a lot with similar physical characteristics. The site is also located in Howard Lake Estates and had just one area in which to locate a structure and septic system. Constraints included County Road, structure, and septic system setbacks which rendered the lot unbuildable, and slopes which limited placement choices. The house was built in the only possible area for development. Attempts to mitigate the effect of development have been taken. The drain field trenches run away from the lake. The house is setback as far as possible from the lake while still leaving s front yard for the occupant. Minimal amounts of vegetation are proposed to be removed from the site. PROBLEMS OPPORTU �fo em we aeveloppwent site is that there is only one spot on the entire lot to build. The lot is a lot of record, subdivided and p urchased before the Shoreland Ordinance was adopted. When she greater unsewered lake setbacks are applied, there is ni place on the lot to build. It is anticipated that the subject site will not receive city water and sewer service for thirty (30) years or Tore. It is over two miles beyond the proposed 2010 urban service area. This means the area within the presently served year 2000 boundaries must be completely developed before the services will be extended to the 2010 area. That area must develop completely before services will extend beyond it. The opportunity currently exists to allow development and protect the site as much as possible. The careful placement oP house and septic system as proposed, observe the spirit and intent of the ordinance. DEVELOPMENT SUMMARY: Site area ancT statistics: 2.6 Acre lot 1.0 Acre pond 1.6 Acre net lot size Zoning /setback requirement: Al SD 150' Structure setback from center line of county road 200' Structure setback from O -H -N mark of Howard Lake measured from the 958' contour 150' Septic system setback from O -H -W mark of Howard Lake measured from the 958 contour 20' Side yard setback from north and east property lines Building coverage ratio: Maximum 30 Z of lot After careful consideration of the unique situation on the lot due to the slope, topography, legal nonconforming lot sizes, and recent changes to the zoning setback provisions, Staff recommends approval of the 115' Shoreland variance and 70 septic system variance with the condition of filing a perpetual driveway easement. The easement must be filed with Scott County to ensure future access across lots four and five if they are sold. The rationale for granting the variance is the literal enforcement of the county road, septic system, ar.•i structure setbacks render the lot unbuildable. The DNR does not object to the variance in light of the unique circumstances, but wan s as great a setback as possible. The house is proposed in the only buildable spot on the lot due to the slope and physiography, and is not a danger to the health, safety, and welfare of the general public. The hardship is caused by recent changes to the ordinance and is not the result of actions of the property owner. The lot is unique with respect to lot shape and is a legal nonconforming lot of record. There are few remaining vacant lots of record adjacent to Howard Lake. Therefore the variance would not likely create precedent for future applications. PLANNING COMMISSION MEETING MINUTES FEBRUARY 20, 1992 PAGE 9 MOTION BY ROSETH, SECOND BY ARNOLD, TO CLOSE THE PUBLIC HEARING ON REZONING. Vote taken signified ayes by Roseth, Arnold, Loftus, and Wells. MOTION CARRIED. Public Hearing closed at S¢50 P.M. ITEM II - JON MCLAIN - SIDEYARD AND LAKESHORE VARIANCE Julie McLain, 5426 Fairlawn Shores Trail, stated they are requesting a aideyard, lakashors, and lot coverage variance to construct additional living space. Sam Lucent presented the information as per memo of February 20, 1992. The applicant is requesting a 4.5' ■ideyard 42.5' lakeshore and a B4 lot coverage variance. The subject site was platted In 1921 and a home built in the 1940ts. The area is developed with single family dwellings located at a distance which today would require variances. The area in the rear of the house is very steep as is typical in neighboring lots. Variances were granted to the previous owner. DNR has no objections to the application. Recommendation from Staff is to approve the requested variances. Comments from the Commissioners were on, impervious surface coverage, construction time frame and no objections to variances. MOTION BY ROSETH, SECOND BY WELLS, TO APPROVE THE 4.5 FOOT SIDEYARD, 42.5 FOOT LAKESHORE AND A 9% LOT COVERAGE VARIANCE FOF 5426 FAIRLAWN SHORES TRAIL. RATIONALE BEING THE DECREASE IN IMPERVIOUS SURFACE COVERAGE, THE CONSTRUCTION WILL NOT RESTRICT THE VIEW OF THE L14KE FOR ADJACENT HOMES, THE LOT IS A SUBSTANDARD LOT WITH A LEGAL NON - CONFORMING STRUCTURE SETBACK, LARGER SETBACKS FROM THE LAKESHORE AND SIDE PROPERTY LINES WILL BE CREATED WITH THE ADDITION AND ELIMINATION OF PART OF THE EXISTING DECK, IT IS CONSISTENT WITH THE ZONING CODE AND WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. Vote taken signified ayes from Roseth, Wells, Loftus, and Arnold. MOTION CARRIED. ITEM III - MARK MANTHEY - LAKESHORE AND SEPTIC SYSTEM VARIANCE Mark Manthey, 609 South Market Street, Shakopee, MN, stated he is requesting the variances for Lot 3, Howard Lake Estates, to build a new home. Due to the setback requirements now in force and that Howard Lake occupies one acre of the subject sits, variances are needed in order to build. Sam Lucast presented the information as per memo of February 20, 1992. The application is for a 115 toot lakeshore variance and a 70 foot septic system setback variance for 15220 Howard Lake Road. The subject site is a 2.6 acre parcel located in the rural Service area adjacent to Howard Lake and County Road 17. Two Separate Zoning Ordinances Amendments have impacted the building requirements for this lot. As a result, the hardship is PLANNING COMMISSION MEETING MINUTES FEBRUARY 20, 1992 PAGE 4 created by the ordinance and not by the appplicant. If all setbacks and requirements were enforced the lot would not be buildable. The parcel contains one relatively flat area on which a pole barn is located and the house is proposed for the same area. Lot 1, Howard Lake Estates, was granted a 100 toot lakeshors variance for construction of a new single family home. This lot is similar in topography and restrictions as the subject site. DNR has no objections to the requested variances due to the unique circumstances, however the greatest setback possible should be r* red. Recommendation from Staff is to approve the variance application with the condition of filing a perpetual driveway easement to ensure future access across Lots 4 and 5 from Howard Lake Road. The proposed location is a logical building site and the variances would not be detrimental to the health and welfare of the community. Comments from the Commissioners were on, combining of Lots 3 and 4, location of house, road easement, and other options should be explored. MOTION BY WELLS, SECOND BY ROSETH, TO APPROVE THE 115 FOOT LAKESHORE VARIANCE AND A 70 FOOT SEPTIC SYSTEM SETBACK VARIANCE FOR 15220 HOWARD LAKE ROAD WITH THE CONDITION THAT A PERPETUAL ROAD EASEMENT BE FILED. RATIONALE BEING THAT THE LOT IS UNBUILDABLE WITHOUT THE VARIANCES, HARDSHIP IS CAUSED BY THE ADOPTION OF ORDINANCES 87 -07 AND 88 -09 AND NOT THE ACTIONS OF THE APPLICANT, AND THE VARIANCES WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. Vote taken signified ayes by Wells, Roseth and Arnold. Nay by Loftus. MOTION CARRIED. Recess called at 9:30 P.M. Meeting reconvened at 9 :35 P.M. ITEM IV - DR. CHARLES SCHWANTES -PET HOSPITAL - SIDEYARD VARIANCE Dr. Schwantes, 4136 West 132nd St. Savage, MN, representing the Prior Lake Pet Hospital located at 16680 Franklin Trail S.E., stated that due to the fact they have increased staff and business, an expansion to the hospital is anticipated and he is requesting a 40 loot east sideyard variance. Deb Garross presented the information as per memo at February 20, 1992. The required sidayard setback in the B -3 General Business District, is 20 feet. However, when a business is located adjacent to a residential zoned lot, the setback is increased to 60 feet. The building was built under another government iuriediction and has a legal non - conforming setback. The lirregular, triangular shaped lot combined with the SO toot front ard setback and the 60 loot sideyard setback severely limits $evalopVent options. The site does have a legal non - conforming 17 loot setback to the side property line. Staff's recommendation is to approve the 40 foot sidayard variance. The hardship is not caused by the applicant but by the shape of the lot. The applicant has researched all options , ., a V 4-� -4 I Wql N, N7" 05 15 nlqpnoeot� to to 0 to imaj values that it plans build an agaln-above'ston; -n- -. Mkidletoles rth aide. no I I I .. .1 "!Didighimhoods To the first step toward realiz- 1=1 : =I ing that goal, the Micidleton Plan stands 'tor the car, . Commission an Tuesday approved , Oldu neighborhoods that were : the broad concept for the develop- developed before the car was meld, bounded on three sides by prevalent an more hoovitable.". Pheasant Branch Road, Century If approved by the council, de: Areme and High Road, and will sip we& could be completed by recommend Its passage to the City D&mnber and work on the gromad Council: started nod springg, . Erderia We. Altbovigh not yet in the design Presidlest Tim &dmmum sold. 'COX PId!©' e\ to b REGULAR PLANNING COMMISSION AGENDA Thursday, October 21, 1993 7:30 p.m. Call meeting to order. a) Review minutes of previous meeting. 7:35 p.m. 1. VARIANCE - Mini - Storage 8:30 p.m 2. DISCUSSION • Variance Application Format 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. Bonn 4629 Dakota St. S.E., Prior lake, Min tesota 55372 / Ph. (612) 4474230 1 Fax (612) 9474245 M EQUAL OPPORrUPM EMKOM PLANNING COMMISSION MINUTES October 7,1993 The October 7, '.993, Planning Commission Meeting was called to order by Chairman Amold at 7:30 P.M. Those pres_mt were Commissioners Roseth, Amold, Greenfield, Loftus, Assistant City Planner Deb Garross, Associp, �, Planner Gina Mitchell, and Secretary Rita Schewe. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY ROSETH, SECOND BY LOFTUS, TO APPROVE THE MINUTES AS SUBMITTED. Vote taken signified ayes by Roseth. Loftus, Greenfield, rid Loftus. MOTION CARRIED. A recess was called at 7:32 . M. and reconvened at 7:35 P.M. at which time the next agenda item was scheduled. ITEM H - VARIANCE - RICHARD MUELLER Richard Mueller -17244 Sunset Trail stated he wishes to construct a storage shed in order to stun: a mower, jet ski arvi other various items and does not have mom in his garage. He built his home in 1989 and needed variances for the construction at that time also. Mr. Mueller said he maintains the adjacent property which is the City's property. Mr. Mueller stated he is handicapped. Gina Mitchell- Associate Planner, presented ttte information as per to planning report of October 7,1993. The variances requested are a 10 foot north sideyard setback variance from the 10 foot sideyard setback requirement and a 29.5 foot setback variance from the 85 foot County Road setback requirement. In March of 1989, the applicant was granted a 4 foot north sideyard, a 6.4 foot south sideyard, and a 26 foot lakeshore variance in order to construct a deck and an addition to the existing cabin. The lot is approximately 177 feet long by 50 feet wide. The north property line is adjacent to one of the two narrow public access points to Spring Lake within the City of Prior Lake city limits which is planned to be part of the proposed trail system in the Park Comprehensive Plant. The proposed construction would be 10096 encroachment into the 10 foot sideyard setback requirement The subject site Is located within a subdivision which is experiencing de conversion of cabins to singh: family dwellings. Staffs recommendation is to deny the variances requested based upon facts and findings relative to the hardship criteria of tix Zoning Ordinance, inconsistency with the precedent, or other purposes related to the Zoning Code. Comments from the Commissioners were on; relocation of shed, precedent set is 50% rule if a hardship is shown, suggestion on redesigning of shed, future trail system defined, and the property has had three variances In the past. Deb Garross pointed out the proposed trail system that is included in the 2010 Comprehensive Plan and planned for the future. MOTION BY GREENFIELD, SECOND BY ROSETH, TO DENY THE VARIANCES REQUESTED FOR 17244 SUNSET TRAIL AS THEY DO NOT MEET' THE HARDSHIP CRITERIA. Vote taken signified ayes by Greenfield, Roseth, and Amold. Nay by Commissioner Loftus. MOTION CARRIED. Mr. Mueller was advised of the appeal procedure to City Council if he so desires. PLANNING COMMISSION Oebber 7,1993 Pane I Mark Manthey -15210 Howard Lake Road, Shakopee, stated he is requesting a variance to construct a garage. He would be removing an existing structure that is larger and deteriorating. Gina Mitchell, Associate Planner, presented the information as per planning report of October 7, 1993. The variances requested are for a 30 foot north front yard setback from the 50 foot front yard setback requirement and a 80 foot variance from the 200 foot lake setback requirement Two separate Zoning Ordinance Amendments (Ordinance Amendment 87-07, adoption of Shoreland Management Regulations, and Ordinance Amendment 88-09, increasing County Road setbacks) were adopted after the platting of Howard Lake Estates in 1982. If these codes were applied literally, the lot would be tendered unbuildable. In 1992, the applicant received a 70 foot septic system setback variance and a 115 foot lake setback variance in order to construct a home. Commissioner Loftus commented on the location of the existing building and of the proposed garage site, applicant is the owner of the adjacent properties, the previous variances granted and he could not support this request as he felt the applicant has other building options. Commissioner Arnold stated that this parcel was considered a lot of record and the site selected was the most logical site to build a home due to the topography of the site and would be in favor of this variance also. MOTION BY ROSETH, SECOND BY GREENFIELD, TO APPROVE A THIRTY (30) FOOT NORTH FRONT YARD SETBACK VARIANCE FROM THE 50 FOOT FRONT YARD SETBACK REQUMEMENT AND AN EIGHTY (80) FOOT VARIANCE FROM THE 200 FOOT LAKE SETBACK. RATIONAL BEING THE APPLICATION HAS MET THE FOUR HARDSHIP CRITERIA OF THE ZONING ORDINANCE, WOULD NOT BE DEIRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY, AND THE PROPOSED CONSTRUCITON WOULD DECREASE THE AMOUNT OF COVERAGE. Vote taken signified ayes by Roseth, Orcenfield, and Arnold. Nay by Loftus. MOTION CARRIED Discussion followed on the status of the Neighborhood Meeting information compiled by the consultant, status of McWlBies Restaurant, E-Z Stop construction progress, Beautpte variance appeal granted by the City Council, and possibly having the applicants sign the variance application stating they understated the procedures. Commissioner announced that a new Commissioner has been appointed and he is Thomas Vbnhof of Lakeville. MN and he should be present at the next meeting. MOTION BY LOFTUS, SECOND BY GREENFIELD, TO ADJOURN THE MEETING. Vote taken signified ayes by Loftus, Greenfield, Amold, and Rosette. MOTION CARRIED. The meeting adjourned at 8:40 P.M. A tape of the meeting is on file at City Hall. Deb Garross Assistant City Planter Rita M. Schewe Recording Secretary PLANNING CMWUSSION 0cm6a 7, 1993 Page 2 0 nan JW v r� P AGENDA ITEM: 1 SUBJECT: CONSIDER VARIANCE APPLICATION FOR GARY THOMAS. PRESENTER: HORST W. GRASER, DIRECTOR OF PLANNING PUBLIC HEARING: _YES ENO DATE: OCTOBER 21, 1991 REQUESTED VARIANCES: The purpose of this item is to consider a variance application for Gary Thomas of 6701 Farley Lane, Prior Lake, Minnesota. Specifically, the applicant requests the Planning Commission to waive Section 6.10 Screening (landscape) requirements of the Zoning Ordinance and Section 4 -7 -2 Useable Materials of the City Code in order to construct metal mini - storage buildings. PROPOSAI; The proposal is to expand the mini - storage facility located north of C.R. 21 to a 9.4 acre parcel located north and west of the existing facility. The subject site legal description has been revised from the previous application. City Attorney, Glenn Kassel and the applicant's attorney, Norbert Traxler have agreed that the legal description submitted with this application is a parcel of record. Therefore. "the property may be used for the erection of a structure conforming to the use regulations of the" 1.2, Light Industrial zoning district. (Zoning Ordinance 4. IC). The proposal is to construct additional mini- s:omge buildings which contain metal siding comparable to the existing buildings. Section 4.7 -2 of the City Cade discourages the use of metal siding in all districts other than the A -1 and C -1 Zones. The applicant requests deviation from landscape requirements of the Zoning Ordinance because public water is not available to the site and existing uses within the 1-2 district have not been subject to the landscape ordinance. The variance is filed under Section 7.6 of the Zoning Ordinance: "The Board of Adjustment shall have the power to vary from the requirements of this Ordinance, and to attach such conditions to the variances as it deems necessary to assure compliance with the purpose of the Ordinance." ALTERNATIVES I. Approve the variances from Section 4.7 -2 of the City Code to permit metal buildings within the 1 -2, Light Industrial Zone and variance from Section 6.10 Screening requirements of the Zoning Ordinance as requested by the applicant. Such a motion should be supported by specific findings of fact related to unique circumstances of the property. 2. Continue or table this item for speck reasons. 3. Approve the variance from Section 4 -7.2 of the City Cade to permit metal buildings within the I.2, Light Industrial District. Deny the variance from Section 6.10, Screening requirements of the Zoning Cade due to lack of demonstrated hardship. 4. Deny the variance applications stating specific findings that the variances are not consistent with the Comprehensive Plan and/or Zoning Ordinance. RECOMMENDATION PART 1 4629 Dakota St. S.E., Prior take, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245 AN EQUP `woRNMry a4PUNM Altemative 113. A variance from Section 4 -7 -2 to all, metal buildings would be consistent with previous actions by the City Council to permit metal buildings with a 1.2, Light Industrial DistricL The variance should be subject to the following conditions: I. Payment of a $7,656.00 park dedication fee. , e memo from Bill Mangan of June 24, 1993). 2. The applicant submit a landscape plan co:__noting to the standards of Section 6.10 of the Zoning Ordinance, including bituminous surface, curo and guaer and island plantings as required. The Planning Commission may decide to waive the irrigation system requirements due to the lack of public water however, an extended guarantee for plant materials should be provided for a period of five years from the date of occupancy permit issuance. Appropriate financial guarantees should also be provided. 3. A grading, erosion and storm water management plan be submitted acceptable to the City Engineer. 4. The applicant obtain an easement from the property owner (Bang) for egress over the existing driveway to the site, a copy of which is to be submitted to the City. 5. Any future development of the property will require formal subdivision and payment of appropriate fees. The building permit issued for this application shall constitute the one, underlying permit available to this parcel of record. 6. No exterior storage shall be permitted outside of the mini- storage units with the exception of a screened and enclosed refuse container. 7. The addition of on -site employee(s) will require upgrade of the facility to provide on site toilet facilities. RECOMMENDATION PART 2: The City should not promote development which is contrary to the adopted Codes and improvements required for development of land. Landscape, paving and other minimum requirements designed to enhance the aesthetics of the district as well as to provide continuity with other businesslindustrial zones should be implemented by the proposed development. Variance Hardship Standards: 1. Literal enforcement of the Ordinance would result in undue hardship with respect to the property. The property is a parcel of record mid therefore is subject to one building permit The parcel has not been assessed for public improvements however, improvements are available to the site. The applicant requests the City to waive two applicable regulations to expand a facility for economic gain to the owner. Future improvements to this industrial zone will likely involve partial financing by the general taxpayer. There is no overwhelming reason why this or any property can't be landscaped no man" where it ice. The parcel's obscure location and low density use is no hardship with respect to this property. 2. Such unnecessary hardship results because of circumstances unique to the property. The variance from the landscape ordinance is not due to unique characteristics of the parcel but a desire of the applicant based upon his opinion of what the 1 -2 District should look like. The City has an adopted ordinance specifying minimum landscape improvements required for all commercial, industrial and multiple residential districts. Other options exist for accomplishing objectives of the landscape ordinance such as a private well and irigation system, and/or extended performance guarantee. There is precedent to require landscape plans within the I -2 zone as evidenced by prier City Council approval conditons. The landscape ordinance was adopted in 1993 and should apply to all industrial, commercial and multiple residential projects. The Holy Cross Lutheran Chinch is similarly situated in the Urban Service and has complied in full, with the landscape ordinance. In addition, construction within the Waterfront Passage Business Park will comply with the standards of the Ordinance. There is no rationale for waiving the landscape ordinance in this sibaation. 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 wi: n the property nor the result of the City of Prior Lake but is caused by proposed actions of the applicant tc- develop property without landscape improvements required of other similar uses. 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 Zoning Ordinance section related to landscaping and is therefore contrary to the public interest and the high standards established by this community. Granting such a variance will be detrimental to the public interest by establishing precedent. DISCUSSION The I -2 district has never been formally subdivided, no utilities exist within the district and there are no public roads or access to the parcels. The district was created via annexation to the City of Prior Lake. All uses were existing in the district at the time of annexation with the exception of the mini - storage facility, Grendahl Mechanical, Rainbow Play Systems building and Metro Air building. In short, the City inherited the district from Spring lake Township. All lots of record were granted appropriate permits from the City of Prior Lake. The remaining vacant land consists of remnant parcels, steep slopes and wetlands which have no public access, utilities, slam sewer improvements nor building permit eligibility. In 1989, the City Council granted a variance to Richard Swenson to construct the Metro Air building. Subdivision Ordinance requirements as well as septic system and setback requirements were varied and or waived. The rationale at the time was that there were no alternative sites for development zoned for industrial purposes. to addition, the parcel was located adjacent to Credit River Road, (existing C.R.21) which will be turned back to the City as a local street following upgrade of C.R. 21 to the eastern city limits. Therefore, the parcel will have access and frontage on a public street. Staff is of the opinion that the circumstances related to potential development of industrial property is different today and that there is no longer justification for waiving subdivision, zoning and code requirements. The City will plat the Business Office Park within the next 30 days and utilities, streets and storm sewer systems will subsequently be installed within close proximity to the I -2 district. In addition, it is anticipated that streets and utilities will be extended to the existing I -2 zone from the north and west within the next three to five years via development contemplated for the adjacent residential zones. The availability of public utilities has been greatly enhanced with development of Wate.flont Passage Business Park. This application raises a serious issue: Should the City permit and likely subsidize industrial development on properties that do not contain public infrastructure. Thera are no policies or ordinances on file that guide decision making for construction proposed in the I -2 zone. The existing Comprehensive Plan and Zoning Ordinance provide guidance and regulations for development with public infrastructure improvements. Unfortunately, the site is a parcel of record and therefore eligible for one building permit. Regardless, development without public utilities and infrastructure is considered premature under existing Ordinances and is inconsistent with the Urban Service Area policies of the Comprehensive Plan and Zoning Ordinance. 7b be consistent, the properties within the I -2 Zone should be subdivided and appropriate public improvements such as street, utility, storm sewer and other elements cmtshucted. If subdivided according to the Ordinance, the cost of improvements world be paid by private sector developers. If variances and waiver of subdivision controls within the I -2 district continue, substantial public subsidy from the citizens of Prior Lake will eventually be required to plan and improve the I.2 district with public infrastructure improvements. Unfortunately, because the subject site is of record, these issues canna be rectified by this application. However, the Planning Commission and City Council should discuss the issue and provide direction to staff for future applications. JI 1� METRO AIR: l iTY COUNCIL ACTION - September 18.1989: On September 18, 1989 the City Council approved a 28' front yard variance from the 150' County Road setback requirement and waived chapters 1 -12 of Subdivision Ordinance 87 -10 with the exception of sections 6-6-8,6-64,6-7-2 and 6 -74A. 1. Chapter 6.6 -8, Park dedication be paid $910.00 dollars. 2. Chapter 6 -64 established minimum lot sizes and standard dimensions. 3. Chapter 6-7 -2 required topsoil and sodding. 4. Chapter 6-7 -1A required subdivision trees. To protect the general health and welfare of the City the following conditions were applied to the variance: 1. Realignment of the southern access drive as per staff altered site plan, and the northern access drive be reduced from 32 to 24'. 2. The daily water usage not to exceed 672 gallons per day. 3. The warehouse area not contain floor drains. 4. Proof of an easement over Welcome Avenue to give access to County Road 12. 5. The plan submitted along with staff changes be made pan of the record. Councilmember Fitzgerald asked about concrete curb. In 1989, the City Code did not require concrete curb however it was noted that the Council could have made it a condition of variance approval. PLANNING COMMSSION ACTION: August 17 and September 7, 1989. Approve a 28 foot front yard variance from C.R. 12 for 16940 Welcome Avenue, reason being that C.R. 12 will be turned back to the City in the future as a local street and the setback will be within code, and if the budding was moved further north the storage area would be to the front adjacent to C.R. 12 and have a negative impact on the area. The contingencies for the variance are: 1. Realignment of the southern access drive and that the northern access drive be reduced from 32 to 24'. 2. Addition of one 2 12" caliper boulevard tree 15' north of the north drive, total trees being 7 and of mixed varieties. 3. Storage area fence should be 80% translucent and a privacy decorative fence is recommended. 4. Daily water usage not exceed 672 gallons per day. 5. Warehouse area not contain floor drains. 6. Park dedication fee of $910.00 dollars be paid 7. Black din topsoil be added and sodded on front, side yards and boulevard. 8. Proof of an easement over welcome asvnue to give access to C.R. 12. 9. Plan submitted be entered as part of the record. 10. That the City Council waive chapters 1 -12 of the Subdivision Ordinance with the exception of 6.6- 8.6.6A, 6- 7- 2.6.7 -1A. The reasoning for this is that the development is consistent with the comprehensive plan: the general health and welfare issues of the community have been adequately addressed in regard to the septic system, adequate parking, building size, location,m access, and that there are only three vacant parcels left in the 1.2 Industrial Pads The development has had considerable staff input, is a low intensity use and will not compromise or jeopardize the community or other uses within the Industrial Pads. Please note, the exterior materials do not contain metal but are brick and stucco. No variance was requested from the Architectural Materials section of the City Code for the Metro Air proposal. rrrrrrrrrrrrrrrrrrrrarrwrrrrrrrrrrrrr srrrrrrrrrrraarrrrrrarr HOLY CROSS LUTHERAN CHURCH: The Church is located southeast of the intersection of C.R. 42 and Pike Lake Trail. The facility was built in 1993 on a parcel of record within the Urban Service Area where utilities were not directly availabk to the site. The Church is comparable to the Thomas application in that both have parcels of record, are located within the Urban Service Area yet do not have public utilities directly available to the sites. The Church was required to grant easements for future right-of-way for C.R. 42 and Pike Lake Trail. The landscape ordinance including bituminous surface, planting, curb and gutter requirements were all applied to the site and the development plan is compliant with the landscape ordinance. PiFFF {Fi \AtFF \ \FF \iPtMtttFiit {i\ iii \F \! \tit { \ \ \FFFiiti \i \ \AFt \ \ PRIOR LAKE MACHINE: CITY COUNCIL ACTION - October 6, 1986 The City Council approved a request from Archie Pavek to construct a metal building at 16601 Industrial Circle S.E. The building approved was an accessory building associated with the Prior fake Machine operation. F {f \f tNtiptttiHit{{ t!\ Nti {HFF \pFF\tFMibq \ \pt \tiiiH\iFi COT PROPERT ES MINI- STORAGE CITY COUNCIL ACTION - October 7A, 1986 The City Council approved a request from C.G.T. Properties for construction of a mini storage facility consisting of six buildings in accordance with Sections 4 -7-4 of the City Code provided that architectural specifications, along with the site plan and appropriate plantings and site work to be performed are submitted to and approved by staff. i iii i itt RRi4 t MiiiNN Rq tgitttii Hi ttN FRFtgiHii ti iiipi\titt CGT PROPERTIES (RAINBOW PLAY SYSTEMS BUILDING) The developer. C.G.T. Properties constructed a building in 1985 which complied with Section 4 -7-4 of the City Code regarding architectural specifications. Landscaping and bituminous surface panting lot were also provided. SUNDE ENGINEERING, INC. U001 E Bl. +ommgwn Freeway • Bloomington. h1N 55420 X012) 881.3344 • FAX (612) 881 -1913 September 29,1993 Mr. Horst Graser, Planning Director CITY OF PRIOR LAKE 4629 Dakota Street S. E. Prior Lake, Minnesota 55372 Re: Variances from Section 4 -7 -2 of the Building Code, Section 5 -5 -10 of the Zoning Code allowing for Expansion of Prior Lake Mini - Storage Dear Mr. Graser: On behalf of applicant Gary Thomas and his wife Annette, owners of Prior Take Mini - Storage at 6000 Credit River Road, Sunde Engineering, Inc., is pleased to submit the enclosed application for variance related to the applicant's desire to expand their business. The applicant's request that the city grant them a building permit for expansion of their existing mini- storage business by 172+ units. The enclosed site plan illustrates the nature and exter-t of the proposed expansion. The expansion is proposed to take place on a parcel of record, having an area of approximately 10.94 acres north of the Thomas' existing mini- storage business. The parcel is currently owned by Johanna Bang, 6010 E. 170th Street, Prior Lake, Mn. The proposed expansion will consist of four (4) prefabricated "Trachte" type steel span buildings which will be situated on a portion of the 10.94 acre Parcel. The buildings will be similar in character to the Thomas' existing mini - storage buildings. The portion of the parcel not used for the proposed expansion will remain undeveloped and held in abeyance pending any further expansion desired by the applicants in the future. A chain link fence shall be installed around the entire perimeter of the proposed expansion area to insure the security of the premises. Access to the proposed expansion will be through the premises of the existing business. Clients to the expansion segment of the mini - storage complex will gain admittance to their assigned buildings through a card activated gate system. Once clients have delivered or picked up their sundry materials stored on premises, they will exit the interior of the complex through the same lock gate process. A drainage plan, consisting of two NURP ponds which have been sized and designed to retam on site water run off calculated at a one hundred year flood volume has been designed and will be installed with the proposed expansion phase. The drainage plan design has been engineered to keep storm water run off at on site pre - development levels. No new storm sewer will be needed to handle this initial or an furore on site expansion contemplated by the owners for their mini - storage business. The existing drainage pattern from the site in relation to properties which surround the applicant's property will not be significantly altered as a result of on site drainage from the proposed expansion area CITY OF PRIOR LAKE Page 2 September 29, 1993 Two variances will be needed in order to allow implementation of this expansion as propposed. The first variance is from Section 4 -7 -2 of the City Building Code which prohibits erection of metal (steel) buildings on site. The second variance is from Section 5. 5-10 of the Zoning Code which will allow the proposed expansion to take place without having to provide for an unreasonable amount of landscaping materials to be installed as a part of the proposed expansion. A B Material Variance (Variance from Section 4 -7 -2 of the City Building 1. The existing business buildings are metal, made of the same 7rachte" metal material as those proposed in the expansion. Colors and character will be the same as found in the existing buildings. The city issued a permit for construction of the existing mini-storage complex in 1986. The literal enforcement of the current ordinance would deny the applicant the option of creating an addition to his business of a similar character and appearance to she existing business buildings. This is not reasonable and imposes an undue hardship on the applicants. 2. The use of metal material in this instance will not be incompatible with surrounding property or injurious to neiyltbcrhood property values or the health, safety and welfare of the community at large. The city has granted building permits for several other metal buildings in the same vicinity since 1986. 3. If the city does not grant this variance, it will create an unjust hardship for the applicants not unposed on similar property in the same neighborhood. B. Landscaping Variance (Variance from Section 5 -5 -10 of the Zoning Code). 1. The literal enforcement of the city's landscape ordinance standards will create an undue hardship with respect to the property. The existing business complex has a perimeter that is substantially surrounded by existing tree cover and vegetation on at least three sides of the complex. The applicant has supplemented the natural vegetation through installation of over -story deciduous trees along the east side of the property. The proposed expansion area shall be bordered by natural tree cover and vegetation similar in character that which surrounds the phase of the business. The applicant intends to supplement the natural tree cover surrounding the perimeter of the proposed expansion area with the introduction of new over story deciduous trees to fill in gaps found with the existing natural tree cover surrounding the site. Any additional shrubs and tree planting CITY OF PRIOR LAKE Page 3 September 29, 1993 than that proposed by the applicant will oe excessive and difficult to maintain meaning the applicant would be planting materials that provide little enhancement or screening effect to the project. This would create an unnecessary and undue hardship for the applicant. 2. The property is currently unimproved and the proposed expansion does not require extension of sewer, water or storm sewer. The landscape ordinance re uires irrigation for any new landscaping. If the guidelines from the landscapmp ordinance are strictly adhered to , city water would be necessary to irrigate and maintain all of the new landscape materials required by the city. This would create a hardship for the applicant in so far as the property need not be improved for the expanded business use as proposed. Additionally, the proposed mini - storage expansion area will not require space for one site parking. No employees will be hired to manage the complex. The imperious surface surrounding the four building complex will be used as drive isles only. Therefore, the landscape requirements for parking lot areas do not apply to the proposed expansion area. 3. The variance observes the spirit and intent of the ordinance and produces substantial justice. The applicant's business has existed on the subject property since 1986. It has been so successful that they desire to expand its premises. Other businesses have been allowed to start up in the same neighborhood as the applicant's business without the imposition or excessive landscaping requirements or improvement. The granting of the variance will not create a burden on the city or be injurious to surrounding property values. Justice requires that it be granted. Please schedule the enclosed application for consideration by the City Planning Commission at its October 7 meeting. It should be noted that Mr. Norbert Trailer, Esq. of OWeID, Trailer & Zard, Ltd. will be collaborating with Sunde Engineering in presenting the enclosed variance requests. Questions related to the parcel of record description or its legitimacy should be directed to Mr. Trailer who can be reached at 758 -2568. All other site planning questions should be directed to me here at Sunde Engineering, Inc. Thank you. Very truly yours, SUNDE ENGINEERING, INC. tibx ��� Robert A Worthingt AICP Planning & Development RAW2/sg/code Enclosures PRIOR LAKE, MINNESOTA SITE /DEVELOPMENT CHARACTERISTICS LOCATION Located in the northeast Quadrant of Welcome Ave. and Credit River Road (CSAH 21) south of Markley Lake. The parcels easterly boundary adjoins Credit River Township. EXISTING CONDITIONS The site is undeveloped. Original use was crop land. Relatively flat with trees east, west, north and south. Two wetlands exist immediately to the south and east of the site. The south wetland partially extends into the site. Wetlands exist in the north central area of the site and also on the east. Site is in an existing industrial area. PROPOSED DEVELOPMENT Expansion site is approximately 10.9 acres in size. The south It (2 -3 be acres) will used for immediate expansion of PRIOR LAKE MINI - STORAGE which it adjoins to the south. One hundred seventy -two (172 +) units are included in this initial phase expansion. The balance of the site will be warehoused and used for future mini - storage expansion as market conditions dictate. ZONING I -2 LIGHT INDUSTRIAL. COMPREHENSIVE PLAN Parcel is currently served via an unimproved 14' -16' gravel drive that connects to Credit River Road (CSAH -21). A private driveway and /or road easement off of Welcome Ave. adjoins the parcel on its boundary. ADT's from the extended business will average 15 -25 vehicles per day which is considered a low traffic generation type of use. UTILITIES Property is not cur -endy served by sewer, water or storm sewer. GAS, ELECTRIC Gas and electric service is available. TELEPHONE Telephone service is available. PM* CITY OF PRIOR LAKE APPLICATION FOR VARIANCE Applicant: GARY J. THOMAS Hone phone: 447-4280 Address: 6701 Faricv lane . prior Lake. MN 55372 Wirk Phone: A87 -6271 Property Owner: Johanna J. Bang Bome Phone- 447 -2308 Address: 6010 E. 170th St__ Prior Lake. MN 55772 Work Phone- 447 -2308 Type of Ownership: Fee x Contract Purchase Agreement Consultant /Contractor: C ijndp Fngineering, Inr. Phone: RAJ -3344 Existing Use of Property: Undeveloped Farm Land Present Zoning: I -2 Light I ndustrial Legal Description of Variance Site: See Attached Exhibit A Variance Requested: variance from Sections 4 -7 -2 of the Building Code and 5 -5 -10 of Has the applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it? x Yes W What was requested: Total variance from Section 6 -2 -1 of the City Ordinance Describe the type of improvements proposed: No major public improvements requested All drainage improvements done on sJte at property owner's expense. SUBMISSION REQUIREMEN : (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. (D)Certified from abstract firm, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (E)Complete legal description 6 Property Identification )amber (PID) . (F)Deed restrictions or private covenants, if applicable. (G)A parcel map at 1 "- 20' -50' showing: The site development plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY COMPLETE APPLICATIONS S11ALL BE ACCEPTED AND REVIEWED BY THE PLANNING OJ(MIISSION. 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 o on and follow the procedures as outlined in the Ordinance. Submitted this29thday of September 1993 THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRBCTOR PLANNING CO MISSION ^_ APPROVED DENIED DATE OF HFjU= CITY COUNCIL APPEAL APPROVED _ DENIED HATE OF HEARING CONDITIONS: cinnaf•nro nF fl.n nl .....:.... n. _.. _. �.__ EXHIBIT `A" LEGAL DESCRIPTION! That part of the South 1600 feet of the East Three - Quarters of the Southeast Quarter of Section 1, Township 114, Range 22, Scott County, Minnesota lying northerly of the centerline of Scott County State Aid Highway 412 and lying easterly of the following described line As Commencing at the southeast corner of said Section If thence on an aesumed bearing of North 1 ° 21.00• West along the line between the southeast corner and the northeast corner of said Section 1, a distance of 1251.72 feet; thence at right angles South 88 0 39' West, a distance of 1875.73 feet; thence South 86 0 11 1 30 0 West, a distance of 84.66 feet to the east line of the west 30.0 feet of the East Three- Quarters of the Southeast Quarter of said Section l; thence North 86'11 East, a distance of 514.66 feet; thence bearing south a distance of 704.31 feet to the centerline of County State Aid Highway #121 thence South 63 ° 3:'56" Hest along the centerline of said Highway 812 a distance of 73.66 feet; thence bearing North a distance of 612.0 feet) thence bearing Zest a distance of 944.0 feet; thence bearing South a distance of 870 feet, more or lees to the centerline of County State Aid Highway 412, and the actual point of beginning of the line to be described; thence bearing North a distance of 1600 feet and there terminating. EXCEPT the South 513.45 feet of that part of said Vast TbtN- Quarters of the Southeast Quarter lying easterly of the above described line A. TRACHTE MINI STORAGE DESIGN CRITERIA All buildings designed in accordance wide M.B. M.A. and A. J. SL LOADING: 20/20,30120 (90 mph wind) or 4020 (contact Traclue for special loading condition). ROOF Pam: 1M': 12' gable design STRUCRJRAL • Totally pre - engineered- Primary structural zinc coated steel • All secondary structural- zinc coated steel All clips -zinc coated steel STANDARD WIDTI IS: Ill', 15', 20', 25', 30', 35', 40'& 50' (10'& 15'wide buildings available in single slope roof design only). Other sizes available upon request. STANDARD LENGTI IS: Multiples of l0' bays (5' endwall bays available). STANDARD SAVE IIEIGI ITS: SW (()titers available upon request). EXTERIOR FRAMED OPENINGS: S'S' & 3'S' wide x TO' high. Jambs and headers. Is gauge galvanized, pre - painted available in cream beige or slate gray. EXTERIOR WALL PANELS: 26 gauge A- panel, coil - coated siliconizcd polyester finish available in cream beige or slate gray. IVARRAWY: 20 year, non -prurmed warranty available. ROOF PANELS: 26 gauge galvalume R panel (26 gauge white R -panel or galvalumc standing scam available at additional cost). RAKE. & EAVE TRIM: 26 gauge available in iced white, continental brown, sunset orange, desert tan, garnet, polar blue, royal blue, and wall panel colors. INTERIOR PARTITION PANELS: 28 gauge galvanized R -panel ROLL-UP DOORS: by Trac -Rite Door, Inc. Easy to operate, maintain and install. 26 gauge corrugated curtain available in seven siliconizcd polyester finishes. Aluminum bouom bar with rubber astrigal for light seal. Steel guides with polypropylene guide runners attached in the guide and factory punched holes to provide easy installation. Slilc bolt lock assembly included(padlocks by olbers). OPTIONAL ROOF INSULATION: 1'.WMP -VR faced, rolled flexible fiberglass ball insulation (R- 3.25). SEALED PERMIT PLANS and structural calculations are furnished with building purchase at no additional cost. NOTE: Anchor bolts and niasonry/nsreneis amfitrnished by she Buyer. Due sat the continuing nature of product update & design, specifications are subject to change withma notice. • T' �i•'1{�� \� 1 � 1� 1 ��� R r . _'. �� c� i�t7f :�. r �. p�� trat Rite Coors a � ` R r . _'. �� c� i�t7f :�. Mini - Warehouse (151) Average Vehicle Trip Ends vs: Storage Units On a: Weekday Number of Studies: 6 Average Number of Storage Units: 613 Directiona Distribution: 5 0% entering, 50% exiting drip Generation per Storage Unit Average Rate Range of Rates Standard Deviation 0.28 0.15-0.46 0.54 Data Plot ana 400 e 300 v C w n F`- 0 U L0 200 1 d ro m a' n i 100 x 100 200 300 400 500 600 700 600 X = Number of Storage Units X Actual Dale Polnla - -- Filled Curve - - - - -- Average Rate Fitted Curve Equation: T = ((3.245/X) a 0.001291 R rr 0.66 900 Trip Cr,,Pinfino. 1 1 .791 230 Innfilule of Traneponntion Enginnere Y.•'" /. x 100 200 300 400 500 600 700 600 X = Number of Storage Units X Actual Dale Polnla - -- Filled Curve - - - - -- Average Rate Fitted Curve Equation: T = ((3.245/X) a 0.001291 R rr 0.66 900 Trip Cr,,Pinfino. 1 1 .791 230 Innfilule of Traneponntion Enginnere Ty _� � '1111 l m nn u. n ry FLB➢R iUN /or Jd' i ISB • YM /- SIUFACE STAR]EF BU /CO ML r / B "•l' -B TI L MM/ -ST GE SW W"MG S/ WALL ELNAT/LW r /B'•.r • -B•• .......... FDUx6aTrox Yux - JB' , 1 ..' uM 1-- BYABM C a'L L vx[ E.w.xwwWe�Si BC SWME IMp L-1. w f � T d wp . vB nr.u. ^.n �� [LUxt rx[ puLp�xE tp ixE vpuxpx: iOx. " "'° "`^ "° '^•�+ ekn �'i! � a n_. n — r rus w....nrw..n pRL%" pR.��l� "B'� r ORxpRx l E�VwS�px w[xpq ORw:L Iq a j S O TRACHTE MINI STORAGE DESIGN CRITERIA ,1111 s rlc vgm,I m m, mdam r u'id, Al U AI. A. mill A. IS f - -- -- - -- - LOADING: 20y20, 10120 (711 mph mod) or 10f2O (toulau Trlchle for special loading uuulilions). Ii0O1' PITCI l: 1/1 %12' g:lhic dcsigu S I RU(:I l I It AI: To la fly prc cuginrcicd P I ima l y%I l utluri l lint coal cd%feel All %ccoadmy so atoll al rink co:ocd steel All clips a inc coaled %Iccl S I ANDARD WIDTI IS: 10', 15% 20', 25•, 30, 35•, -10'& 50'(10' E 15' wide buildings ;wailabic in single Slope Ioof design uudy). 011icl sizes available upon request. 5I'ANDARD LUNG I I IS. Muh iples of I(1' bays (5• endwall bays available). STANDARD EAVE I II!IGI HS: 8'.1' (olhcls available upon te(luesl). IXI "1921OR 1.1tAMI D OVENINCS: R'S" & FS' Wide x TO' high. ):unbs and hcadcrs IR gauge galvanized, lire painled available in uemn beige m Male gray. FX "IT UOR WALT. PANIIS:26g:ulgeA panel, roil coaled siliconized polyester finish :available in cream beige or 'laic gray. 110 BRAN" /1': 20 year, wn pan an•d wan:uny ava i f able. ROOF PANF S: 26 gauge gaiv:dmne 12 panel (26 gauge while It "panel or galv;dun+e slm+diog •.c:un availuldc at addi l it'oaI cost). BAKE & EAVE'1'IUM: 26 gm.ge available in iced white, continental brown, sunsei olauge, desel I tan, ganml, polar blue. royal bloc. and wall pmrcl calms. IN'IT;ItIOR PARTI UON PANFI S: 28 gauge galvanind It panel ROI. Ul DOORS: by Tlao R ilc Ducar, inc. [asy In npeatc, ucsintaiu :urJ install. 26gmtge colsug:ncd curlaill available in seven silicouized polyester finishes. Alominorn bollom L:u wish subtler asnigal fill light seal. Steel guides with polyprnl guide runners attached In the guide and factory pm,dled holes In provide cssy insedlnl it'll. Slide bah Inck assembly includal(padiocks by t'lhcls). OP HONAL ROOF INSULATION: 1" WHIP VR Bleed, roiled flexible fiberglass ball hoid:oinn (R- 1.25). SHALED PERMI "I' VLANS and shuclu+ml c:dtuladous arc furnished with building purchase al no addition:d cost. NOTE: Anduu bola and rnn.sumy fasirn rs me f nni.%hert hp r/rc Uaper: Duc ro nce continuing nnmrc u�fn orlurr uprlurt• h rloign, ?/rrri�rntinn. +' me nthjecl In dmngc wilbnm tunirr. TRACHTE MINI STORAGE DESIGN CRITERIA All building, designed in accnuhux c• )rill, AI.B Af.A. and A. I.S. I. LOADING: 20/20.10120 (90 mph wind) or 4020 (coil (act Trachte for special loading conditions). ROOF I'LI'Cf I: 1 /•1":12" gable design S'IRIICIIJRAL: Tulallyprcengineered I'rimmySlrnic(ural Auccoatclslcel All secondary str tic ou:d. zinc coined s(cel All elips� zinc coaled steel STANDARD WILY[ I IS: 10', 15', 20', 25', 30, 35', 40'& 50'(10'& 15' wide buildings available in single slope roof design only). Olhcr sizes available upon request. STANDARD LENG'I'I IS: Mtdliplcs of 10' bays (S endwall bays available). S'T'ANDARD RAVE I IEIGI I'LS: S•d" (o(hers available upon re(luest). EXIL'RIOR FRAMED OPGNINGS: S'S" & 3'S" wide x TO" high. Jambs and bcaders IS gauge galvanized, pre pain led available ill cream beige or slate gray. EXIERIOR WALL P ANELS: 26 g:ugc A- pallcl, coil - coaled sillconimil polyester finish avallm,ju in cream beige or sl ;tie gray. WARRANT)': 20 year, arm J nmalcd warranlyavailablc. ROOF PANELS: 26 gauge galv:duuue 11 panel (26 gauge while R -panel or galvalume standing scam available al additional Coll). - BAKE & EAVE TRIM: 26 gauge available in iced While, continental brown, sunset orange, desert 1211, ganre(, polar blue, royal blue, and wall panel colors. IN'T'ERIOR PARTITION PANELS: 28 gauge galvanized R panel ROLL -UP DOORS: by Trac-Rilc Door, Inc. Easy n) oper:uc, maintain and instill. 26 gauge corrugated curtain available in seven siliconized polymer finishes. Aluminum boron bar wish rubber astrigal for light seal. Steel guides will, polypropylene guide runners a0acbcd to the guide and faclnry punched holes to I Ovidc easy insla0al ion. Slide bolt Lock assembly included(padlucks by olhcrs). OPTIONAL ROOF INSULATION: 1' WMP -VR faced, roiled flexible fiberglass ban insulation lR3.25). SEALED PERMIT PLANS and structural c•:dc"Niions arc furnished with building purchase :n no additional cosl. NOTE: Anchorbullscordmnso , uyf�s¢ncrsrilef„ruishcd bylhc Dulrr. Ate ro!dc continuing nmure of p,ex/ue! a /xlnrc rE d <•.vign, sprcificn,inus ore ,object to a /rouge nvid�out notice. Land Use: 151 Mini - Warehouse Description A mini - warehouse is a building fn which a storage unit or vault is rented for the storage of goods. Each unit is physically separated from other units and access is usually provided through an overhead door or other common access point. Additional Data Information on transit [rip ends is not available. Information on person trip ends is not available. Truck [rips accounted for 2 to 15 percent of tire weekday traffic at file sites surveyed. Vehicle occupancy ranged from 1.2 to 1.9 persons per automobile on an average weekday. Peak hours of the generator: Weekdays between 2:00 and 5:00 P.M. Saturdays between 12:00 Noon and 1:00 P.M. Sundays between 1:00 P.M. and 4:00 P.M. The studies were conducted at facilities in the San Francisco Day Area and southern California in 1979 and 1986. At []re sites surveyed, the average number of employees was 2 (range of 1 to 4), the average gross floor area was 49,000 square feel (range of 18,000 to 89,000), the average number of storage units was 613 (range of 195 to 840), and the average number of acres was 3 (range of 2 to 6). Average De nsities Er Per 1,000 Sq uare Feel Gross Floor Area 0.05 _Employees Per Gross Acre 0.69 Emplo Per Stora Un it 1,000 Sg uare Fee Gross F loor Area Per S torag e Unit _1 ,000 Sguare Feel Gross F loor Area Per Gr oss Acre 0,004 0.10 14.93 Gross Ac Per S torage Un il 0,006 Source Numbers 113,212 Trip Generation, January 1991 211 Institute of Transportation Engineers tj � I Sumer 5erE h�� I^ �MI$TIIIC LAND USE 1. Prior Lake Baptist Church 2. City of Prior Lake Maintenance Shop 3• Ervea Body Shop 4• Prior Lake Machine S. Scott - Rice Telephone 6. Retterath Rigging ,& Machine Erecting Inc. 7, NSP Electrical Station 8. Schweich Storage Buildin6 9. Laker Storage ._,,,_„_�, 10. Fars Storage Shed and Silo 11. Muelken Oil Storage Sumer 5erE h�� EXISTING ZONIliG Prior Lake Indu' trial Park a Suezee�- Src� � Minutes Of The Prior Lake City Council September 18, 1989 The next order of business was approval of the Consent Agenda as follows: a) Consider Approval of Invoices To Be Paid 8 (� b) Consider Approval of Animal Warden Report U S C) Consider Approval of Building Permit Report d)) Consider Approval of Fire and Rescue Report a} Consider Approval of Police Report q ) Consl�ee A� ;ointr n o I eet'sn ude *s Fi Cons er A rove o P na Pa for Projeot 66 -20 Consider Approval of Subdivision Ordinance Variances for Rick Swenson i) Consider Approval of TKDA School Speed Zone Study j) Consider Approval of TKDA Highway 13 and Fish Point Road Supplemental Agreement. k) Consider Approval of Treasurer's Report MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO APPROVE THE CONSENT AGENDA ITEMS (a) THRU (k). Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. The next order of business was Consider Donation to Jay's Baseball Team. City Manager Unmacht commented briefly on the success of the team, and Parks and Recreation Director Mangan reiterated that it has been a past policy of the City Council to donate to teams who have gone to the State Tournament. Council congratulated the Jays on their fine performance at the State Tournament. MOTION MADE BY WHITE, SECONDED BY FITZGERALD, TO APPROVE A DONATION OF $100 TO THE JAY'S BASEBALL TEAM. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and white, the motion passed unanimously. The next order of business was Consider Approval of Parks Advisory Committee Members. Mayor Andren commented briefly on the interviews and stated that Kathy Smith and Michael Crowe had also indicated interest and had been interviewed for the Committee position. MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO APPROVE THE APPLICANTS INCLUDING THE TWO ADDITIONAL INDIVIDUALS, KATHY SMITH AND MICHAEL CROWE TO SERVE ON THE PARKS ADVISORY COMMITTEE. Councilmember White expressed an opinion regarding the possibility of staggering the Committee Chair terms in order to preserve continuity. A short discussion occurred regarding the committee. Upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott and White, the motion passed unanimously. As it was not yet 8:00 p.m. at which time the next item was to be discussed as a public hearing Council bypassed the next agenda items and discuseed other Business topics. 3 0°. 05 3. Continue the hearing for specific data. RECOMMENDATION: Staff concurs with the Planning Commission and recommends Alternative Number 1. ACTION REQUIRED: A motion to grant a variance from the requirements of the subdivision ordinance: as outlined in Items 1 -4 above with Supplemental Conditions as outlined in Items 1 -5, as part of the Consent Agenda is in order. 89-05 PLANNING COMMISSION MINUTES SEPTEMBER 7, 1989 The September 7, 1989, Prior Lake Planning Commission was called to order by Chairperson Kedrowski at 7:30 P.M. Present were Commissioners Arnold, Kedrowski, Loftus, Roseth, Wells, Director of Planning Horst Graser, and Assistant City Planner Deb Garross. ITE14 I - REVIEW MINUTES OF THE PREVIOUS MEETING Mr. Graser advised the Commissioners that an item had been omitted from the Rick Swenson Subdivision variance hearing and the minutes should be amended to include the findings of the hearing. MOTION BY ARNOLD, SECOND BY LOFTUS, REGARDING THE RICK SWENSON INDUSTRIAL PARK DEVELOPMENT AT WELCOME AVENUE AND COUNTY ROAD 21, TO RECOMMEND THAT THE CITY COUNCIL WAIVE CHAPTERS ONE THROUGH TWELVE OF THE CITY SUBDIVISION ORDINANCE WITH THE EXCEPTION OF CHAPTERS 6 -6 -8, 6 -6 -4, 6 -7 -2, 6 -7 -2, 6 -7 -1A. THE REASONING FOR THIS IS THAT THE DEVELOPMENT IS CONSISTENT WITH THE COMPREHENSIVE PLAN, THE GENERAL HEALTH AND WELFARE ISSUES OF THE COMMUNITY HAVE BEEN ADEQUATELY ADDRESSED IN REGARD TO THE SEPTIC SYSTEM, ADEQUATE PARKING, BUILDING SIZE, LOCATION, ACCESS, AND THAT THERE ARE ONLY THREE VACANT PARCELS LEFT IN THE I -2 INDUSTRIAL PARK. THE DEVELOPMENT HAS HAD CONSIDERABLE STAFF INPUT, IS A LOW INTENSITY USE AND WILL NOT COMPROMISE OR JEOPARDIZE THE COMMUNITY OR OTHER USES IN THE INDUSTRIAL PARK. THAT ITEM 110 OF THE CONTINGENCIES ON THE ORIGINAL MOTION ON PAGE 2 OF THE AUGUST 17, 1989, MINUTES BE REMOVED AND REPLACED BY THE AFOREMENTIONED MOTION. Vote taken signified ayes by Arnold, Loftus, Roseth, and Wells. One abstention by Kedrowski as he was not present at the August 17, 1989, meeting. MOTION CARRIED. MINUTES AMENDED. Commissioner Wells suggested that the comment from the Commissioners stating " how well it appears that City Staff and the business community have worked together to accomplish a positive outcome for everyone" be added to the end of paragraph three on page two. Amend the minutes to reflect that Commissioner Xedrowski was absent at the August 17, 1989, Planning Commission Meeting. MOTION BY ROSETH, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS AMENDED. 4629 Dakota St. SE. Pfbr Lake Minnesota 55372 , Ph. 161214474230 / F"(612)4474245 L,;AFT 89-05 PLANNING COMMISSION MEETING MINUTES AUGUST 17, 1989 PAGE 2 ITEM III - RICK SWENSON - CONTINUATION OF IN DUSTRIAL PARK OFFICE Rick Swenson, 1941 Normandale, Prior Lake, stated the stipulations the Planning Commission had requested at the July 6, 1989, Planning Commission meeting had been met and now wishes to begin construction on the office /warehouse building at 16940 Welcome Avenue. Mr. Grazer presented a summary of the project and explained the various stages that had to be completed. Support has been shown for the application. A letter from County En Tozer, Brad Larson, stating they had no objections to the proposal, but there is a concern with the alignment of Welcome Avenue and County Road 12 which the City of Prior Lake may have to address. Mr. Grazer recommended approval for thz 28 front yard variance from County Road be contingent on these items: park dedication fee, lot location - easement, topsoil and sodding, trees planted, realignment of southern access drive, an additional 2 1/2" boulevard tree, storage area fencing should be 80% translucent, that daily water usage not exceed 672 gallons per day, the warehouse not contain floor drains, and plans become part of the record. Commissioners comments were on arrangement of trees, type of storage fence, Welcome Avenue and County Road 12 intersection, monitoring water usage septic system maintenance, and northern access drive be reduced ;n size. MOTION BY LOFTUS, SECOND BY WELLS, TO APPROVE A 28 FOOT FRONT YARD VARIANCE FROM COUNTY ROAD 12 FOR 16940 WELCOME AVENUE, REASON BEING THAT COUNTY ROAD 12 WILL BE TURNED BACK TO THE CITY IN THE FUTURE AS A LOCAL STREET AND THE SETBACK WILL BE WITHIN CODE, AND IF THE BUILDING WAS MOVED FURTHER NORTH THE STORAGE AREA WOULD BE TO THE FRONT ADJACENT TO COUNTY ROAD 12 AND HAVE A NEGATIVE IMPACT ON THE AREA. THE CONTINGENCIES FOR THE VARIANCE ARE AS FOLLOWS: 1. REALIGNMENT OF THE SOUTHERN ACCESS DRIVE AND THAT THE NORTHERN ACCESS DRIVE BE REDUCED FROM 32 TO 24 .2. ADDITION OF ONE 2 1/2" BOULEVARD TREE 15 NORTH OF THE NORTH DRIVE, TOTAL TREES BEING 7 AND OF MIXED VARIETIES. '3. STORAGE AREA FENCE SHOULD BE 80% TRANSLUCENT AND A PRIVACY DECORATIVE FENCE IS RECOMMENDED. 4. DAILY WATER USAGE NOT EXCEED 672 GALLONS PER DAY. 5. WAREHOUSE AREA NOT CONTAIN FLOOR DRAINS. , 6. PARK DEDICATION FEE OF $910.00 BE PAID. -7. BLACK DIRT TOPSOIL BE ADDED AND SODDED ON FRONT, SIDE YARDS AND BOULEVARD. 8. PROOF OF AN EASEMENT OVER WELCOME AVENUE TO GIVE ACCESS TO COUNTY ROAD 12. 9. PLAN SUBMITTED BE ENTERED AS PART OF THE RECORD. •.10. THAT THE VARIANCE BE GRANTED TO DEVIATE FROM THE REQUIREMENTS OF THE SUBDIVISION ORDINANCE. l:' , 89 -05 PLANKING COMMISSTON MEETING MINUTES AUGUST 17, 1989 PACE 9 MOTION AMENDED TO SPECIFY THE TYPE OF TREES TO BE PLANTED BE OF ASH, MAPLE, AND LINDEN VARIETIE8. The vote taken signified ayes by Commissioners Loftus, Wells, Arnold and Roseth. MOTION CARRIED. ITEM IV - BYLAW DISCUSSION - STAFF Discussion on By -Laws continued as one member of the Planning Commission is absent. A date for the Council Workshop was discussed, October 8, 1989, was decided upon. Mr. Graser informed the Commissioners on the status of the Mickley variance. There has been a restraining order issued. The Bluer Clark house removal has been let for bids. Discussion followed on a letter from the City of savage soning meeting on the property at County Road 42 and Highway 13. NOTION BY ROSETH, SECOND BY LOFTUS, TO ADJOURN THE MEETING. Vote taken signified ayes by Commissioners Loftus, Wells, Arnold and Roseth. MOTION CARRIED. Meeting adjourned at 9:20 P.M. Tape of meeting available at City Nall. Horst Graser Rita M. Schews Director of Planning Recording secretary 89 -05 PLANNING COMMISSION MEETING MINUTES JULY 6, 1989 PAGE 4 Mr. Halloran felt this was the only site possible to build. Chairman Wells read letter from Mr. Donald Halloran, 17403 Sunset Trail, Prior Lake, MN 5572, dated July 5, 1989, listing names of neighbors agreeing to the variance; Mike Muelken, 17395 Sunset Trail S W, Prior Lake, HN 55372 Linda Grassini, Nancy Brick, 17419 17 7419 Sunset Trail, Prior Lake,, 55372 Judy Eide, 3013 Fairview Road, Prior Lake, MN 55372 Lake, MR Hurt Mar Dan King, 17414 Sunset Prior Lake, MN 55372 Comments from the Commissioners were on location of garage, easement requirements, responsibility to adhere to codes, owner is responsible to know property. NOTION BY XEDROWSKI, SECOND BY ROSETH, TO DENY THE 5 FOOT WEST SIDEYARD VARIANCE, REASON BEING THAT LAND WAS PLATTED IN 1983 AND No CONSTRUCITON SIT ENCROACHES THE DRAINAGE E PROPOSED EASEMENT. Vote taken signified ayes. MOTION CARRIED. ITEM VI -RICK SWENSON- SETBACX SUBDIVISION 6 SEPTIC CODE VARIANCE Rick Swenson, 1941 Normandale Road, Prior Lake, MN, stated his proposal is to build a 12,000 sq. ft. office /warehouse building at 16940 Welcome Ave. in the Industrial Park and he is requesting a variance from the county road setback requirement waive subdivision requirements and a variance on septic code standards. Deb Garross presented the report as per memo of July 6, 1989 - variance ties been changed from 50 to 29 from the county road. Staff end building B are completedntilAdite�pe t he- pt tthe Planning Commission was asked to consider the conoVt plan and give direction to the applicant. Comments from the Commissioners were in favor of concept, City should take action to help develop the Industrial Park, clarification on usage, coverage ratio, and the consensus was that a plan could be worked out. NOTION BY KEDROWSKI, SECOND BY ARNOLD, TO TABLE THE APPLICATION AND BE PRESENTED AT THE NEXT AVAILABLE PLANNING COMMISSION MEETING AFTER THE FOLD WING INFORMATION HAS BEEN SUBMITTED AND ACCEPTED BY STAFF: D T 1. OF PARKING GT PLA TLS, TRAFFIC CIRCULAT D ION, AND DESIGNATION AREAS. I PLANNING COMMISSION MEETING MINUTES 89 -45 JULY 5, 1959 PAGE S 2. SITE PLAN INDICATING EXTERIOR STORAGE AREAS, LOCATION OF TRASH CONTAINERS, WELL LOCATION, SEPTIC SYSTEM AND ALTERNATE DRAIN FIELD LOCATION. IN ADDITION, THE APPLICANT SHOULD INDICATE THE METHOD BY WHICH THE DRAIN FIELD AREA WILL BE PROTECTED. r(FOR EXAMPLE A FENCED AREA OR GREEN LANDSCAPED AREA %SHOULD BE MAINTAINED .''TO PREVENT STORAGE ON OR TRAFFIC - CIRCULATION OVER THE PROPOSED AND FUTURE DRAIN FIELD AREAS). 7. PROPOSED.. - BUILDING PLAN AND FLOOR. .PLAN INDICATING 4. PERC TEST AND ANY SUPPORTING TECHNICAL DATA REQUIRED By THE BUILDING OFFICIAL. Vote taken signified ayes. MOTION CARRIED. --_00_"p'_ - -- - - -- ---- - ----- ., ler at 10: . m. by -• Co•- m-- missioner - •- -- N�drovskiL - s were extended to Commissioners Arnold, ing reappointed to the Planning Commission volunteer from the Commissioners to serve MINVfES OF THE PRIOR LAKE CITY COMM October 6, 1886 Upon a vote taken, ayes by Fitzgerald, Scott, and White# abstention by Ndrenl Busse absents the motion passed. City Engineer Anderson Stated that Staff and Mayor Andren art with Preferred Paving on September 23, 1986 and a Letter of Understanding was drafted as a result of this meeting. One item in the Letter of Understanding was a request by Preferred Paving for a 15 working day extension of time to the contract due BlteWm a to abnormal rainfall. Discussion by Council followed. Ompletlan MOTION WAS MADE. BY WHITE, SBODNDED BY PITZGERALD To GRRNT THE noj. 86-11 COMPLETION DATE FOR PROMT 86 -11 AND 86 -12 FOR PIPTEcM WGRIQDAyS ad 8642 SEPTEMBER 24, 1986. Dpon a vote taken, ayes by Andras, Fitzgerald, Scott, and Nhitel Busse alrentl the motion passed unanimously. The Council then considered the request for construction of a metal building by Archie Favek. City Manner Grazer stated that Mr. Pavek was requesting to construct a metal pole building (21 his five acre site located in the industrial area adjacent to County Road 12. Staff was recommend llg approval of the t. Council discussion followed. Mr. Pavek was availapl to answer MOTION as MADE HY rum ma, SBODHCW BY WHITE, 7O APPROVE MR. ARCHIE PAVEK'S Ifm11 Metal ROOMM TO O0N91RDLT A M V= L BUIWING AT 16E01 IEDDBTRIM, CINCIR B.E. ftdldb8 Upon a vote taken, ayes by Andren, Fitzgerald, Scott, and White; Busse absent# the motion passed unanimously. The next item On the agenda was to consider a cigarette license for 6hyder Drug. City Manager MoWire stated application was received from Snyder Drug Stores. Inc. for a cigarette license. The store had previously been privately acrd. The fee had been paid and Staff recommended approval. MOTION IRS MkDE BY WHITE SECONDED BY SOON, TO APPROVE 2a CIGM M LICBMSr SBdr lag i FOR SMIM EMX STORES, Inc. Upon a vote taken, ayes by Andren, Fitzgerald, Scott, and White; Sow Rnbalnt; Encase the motion passed unanimously. The Council then considered Resolution 86-16, regarding the tax levy for 1987. This resolution is necessary to certify the 1987 property tan levy. Rm. 8646, NOTION MOLUTI�OM AVfa MUNG B GOODY AIDMOR o UM APM)YE R88Q,OTZalI 86-16. A UV == P MU IM 1987. Fk Tim Upon a vote taken, ayes by Andren, Fitzgerald, Scott, and Wdtel Busse absent, the motion passed unanimously. The next item on the agenda was to consider Resolution W17 regarding the had issuesepaayad abl In 1 2hIs resolution is necessary to certify the tax lay MINUIW OF THE PRIOR LAKE CITY OOUNCIL October 20, 1986 Upon a vote taken, ayes by Andren, Busse, Fitzgerald, Scott, and White, the motion passed unanimously. City Planner Graver stated that Resolution 86 -08 which vacated certain walks, easements and streets in Willows 4th and 5th Additiotte contained a - more catmmnly described as paragraph which does not accurately describe the seem streets and walks as the legal description. Therefore, the Scott County Recorder's office would not accept the resolution unless this paragraph be eliminated. MOTION WAS MADE BY FITZGERALD, SECONDED BY SCOTT, 70 AmEm r=%OTION 86 08 A Awd RBSCLUTIDN PROVIDING FOR THE VACATION OF MUMS, PANES, RAM, NALMWS RmnNatSm UrMITY AMID DRAINAGE EASEMENTS CONTAINED WITHIN THE PLAT OF WMU NS 47H ADDITION Was AMID WI N5 7% ADDIS DELETE THE SECOND PARAGRAPH ON PAGE TWO WHICH BEGIN lastlan POP Wlllaw, 4Kh � [lion a vote taken, ayes by A dren, Busse, Fitzgerald, Scott, and White, the ad (Rein ' motion passed unanimously. 86-19) The next item on the agenda was to consider a quit claim deed for Craig Techida. City Planner Graser explained that the City filed a quit claim deed to convey an erroneous easement to the owner, Craig Tsahlde, in May of 1981. However, there Is a title problem because the deed was not worded properly. Staff was recommending the quit claim deed be approved and filed to clarify the intent of the previous deed filed. MOTION WAS NADS BY BUSSE, SECOND® BY FITrGERMD, TO APPROVE ME GRIT CUM quit Claim USED FOR CRAIG TSCSIDA AND WIPDRIZE 70 MAYOR AND CITY MANAGER TO SIGN TEE Deed f DEED. Oats �on a vote en Ndren, Busse, Pitsgerald, Scott, std White, the 7lddda Noti y n The next item on the agenda was to consider building permit requests from C.G.T. Properties for G s E Industrial Park. City Plemer Graset stated that e4Kwts were received to da us tetruat two buildings In the 1 -2 Industrial area an Cpmq+ Road 12. The first request was for a min!- stuage metal boiidlsp an a lot of record located on the eastern line of the City limits. no woad request w for construction of a concrete building located or an ueplatted am of the Industrial a" adjacent to Canty Pbad 12. Staff had denied a building permit for this re"at band on the fact that the site Is not of record and has never Ted Schweich, representing C.G.T. Properties, addressed the Council. Discussion by Council followed regarding the location of the buildings and the City's plans for that aces and the possibility of tax increment financing. M71" WAS MADE By FlTZGESS D, StlWNDID BY BUSSE, TO APAOVE'2116 R[OMM IM C.G.T. PRORTffi FOR CONSISOQION OF A M11I s708RGH PACMM COlWMM CP SIX BOIIMICS IN ACCOMANCB WI'ID 800210001 4-7-6 OF no CITr COBB PMYUE� WT 11Rf]II'UMVRH, BFBOIPICATXMIS AWNG WPID = SITE am Am APPROpR M KAMTM AND SM WORK TO BE PERFORMED ARE 80BW1Y1 I r TO AM APMADVBD BY S=P. Mbd Stage Ndutr - C.U.T. �a . MINUTES OF THE PRIOR LANE CITY COUNCIL October 20, 1966 C<uncilmember white suggested adding the following and Councilrenbec Fitzgerald agreedu 'THE OFFICE PORTION OF THE COMPLEX IS TO BE OF A FRMB OMSPPOCPIQM. There was further discussion of the notion. Upon a vote taken, a_a by Andren, Busse, Fitzgerald, Scott, and white, the motion passed unanimously. MOTION WAS RARE BY FIT2OEMRI.D, SECONDED BY BODM TO DOW THE REBT FROM EzV 0 6• C.G.T. PROPERTIES WITH REGARD TO THE OONSTAICTENi OF THE O NMEIE BUMMIG ON Petit THE PARCH, IOmm AT 16940 WM =M Avow UNTIL Suce TIME AS A POLL ANALYSIS OF Baa'°t - MIS YMDUBIRIAL ARM MRS BERM COMPLETED By STAFF WITBIN A PERIOD OF 60 DAYS MD C.C.T. COMM BE GrYEN WITH REGARD TO TAX INMMMT FIMAN=. nwatLa Ted Schweich again addressed the Council expressing their hardship if the request was denied. Opon a vote taken, eyes by Awdren, Busse, Fitzgerald, Scott, and White, the motion passed unanimously. The nest its on the agenda was to consider the X966 audit proposal. Finance Director Tlsohuer stated that the George M. been company submitted a proposal to prepare the City's 1966 financial statements at a 40 Increase of the previous year. DlsewNion followed. . MOTION WAS MME Bf WHHE, SEOONMID BY SODIT, TO SLIM ME MOCI6 OF TEX A0 t I GO MM N. 9MIBmM CORMff To FRM?AM TEE 1966 °INMMCIAL SMATE!®B'8 I= M7E CITE M. � AS PER "M RMS` MB 'NOM' 1O EsCE60' $9,950.00. r 10 Upon a vote taken, ape by Andren, Nunes, Fitzgerald, Scott, and Nhite, the amt ration passed unanimously. The nest its on the agenda was the continuation of the discussion an E a 8 properties Developer's Agreement. Discussion followed on the three are" of aon7emn 1. and= The concoction fee policy - City `Rnoger H Ouire rwimwW and explained aMmomm the policy. In the discuasion that followed, Ngor AMren ashy wly 4f9&3 con ectiawfee credits were act given In the developer's agcehar I for ►uvack Matedge Estates. City Manager Nobs stated this world be reviewed swelapm and mmmtad an at the neat regular meeting. PIE 2. $30,100 disccapewy Is the developer's agreement - After a careful review of the developer's agreement, it was foumd to be correct and no error existed. 3. Nqw Adren's refusal to sign future cont raeta umtil the City Aktamy INS certified the doammnt. City Attoeny Tm ad aMat I that each a certification would regsire considerable time to rwiwr end Msseatigabe the accuracy of a dsessent. Nvw AMram stated she did not now a certification of a document but would ask that the City Attorney swim 6 89 -®,5 PLANNING REPORT ITEM: Prior Jake Industrial Park at Credit River Road DATS: May 17, 1989 ISSUE• Prior Lake Staff received an application from Mr. Rick Swenson to construct an industrial building in the above referenced Industrial Park. The building is designed for office warehouse and is to be located adjacent to Credit River Road and south of parcel number 6, identified as Exhibit III, attached. Staff has denied the a plication because of (1 The parcel is not a lot of record and has never been subdivided and (2) An yy building in this district over 2000 feet must be sprinkled whichh is impossible since the Park has no sewer or water, and (3) The proposed building covered too much of the site and not enough open space for on -site sewage treatment options. Mr. Swenson desires to appeal to the City Council for relief. In order to evaluate Mr. Swenson's request the problems, background, facts and options need to be identified. PRODLEM The problem is that there is not one industrial zoned parcel in Prior Lake currently available for development. The Credit River industrial area consists of 51 acres of which only 23.4 acres are vacant. Public sewer and water are available but at a prohibitive cost. The 1 -1 industrial area adjacent to Co. Road 21 is currently being farmed with little interest in industrial development or potential. Although sewer and water is available to this site, it is not an investment that has enticed neither the private or public sectors. The principle reason is that there does not appear to be a market for industry in Prior Lake. In the last 13 years only 4 industrial buildings have been constructed in Prior Lake, all located in the Credit River Industrial Park and all on parcels of record.It has been staff policy to issue permits to parcels of record if they can meet the on -site septic system requirements. However the on -sits systems limit uses to warehouse, storage or other how swage generating uses. The nature of the new uses include one mini - storage business; bulk oil distributor; and two office warehouse buildings for heavy equipment. Last year, Prior Lake opted to adopt a provision to require commercial and industrial buildings over 2000 sq. feet to sprinkled. This provision requires access to public water and eliminates industrial and commercial development without city water. X5:9 -05 The Prior Lake Subdivision Ordinance requires that no land can be split, divided, improved or developed unless there is compliance to the Subdivision regulations. This means the industrial park must be subdivided before building permits can be issued or the regulations waived. BA CKGROUND: The Credit River Industrial Park has evolved to its current condition because of decisions in both the public and private sectors. In the early 1970 the industrial park was annexed from Spring Lake Township. The uses existing at the tiwe included eavek's Machine Shop and the Scott -Rice Telephone Company Warehouse. Presumably becauso of these two uses, the area was designated industrial. Perhaps the proper zoning should have been residential and allowed the existing uses a legal non - conforming status. The 50 acre park has now evolved into a potential land use and infra structure compatibility problem. The negative visual impression resulting from this development will someday comprise immediate area residential neighborhoods and other businesses that will locate in the park. Merely providing utility service to the park will not change its negative image. Prior Lake's industrial potential is limited at this time. The industrial uses that we do attract however, are those that require a lot of inexpensive land and usually involve outside storage. These are the types of clutter uses that are zoned out or cited out of inner ring communities. Simply designating an short of an active indu area is zoned industri land use choices other be subdivided and comp renders the property vi! depreciation of value ai it is critical that found who is willing to hold it until a market as industrial is park. Most im leaves the owner ndustrial. If t useless and - ps an illegal the land or a community for ntly, once an In 1979, Mr. Jerry Grendahl and current proposed the subdivision of a portion Credit River Road. He was made aware o deviations necessary to develop h proceeded with a plat and received prel City Council. one of the contingencies more responsibility for the industri set of covenants. Staff was required to their discharge rates, and criteria septic systems. However, the developer completing the platting process. on th e has evolved in accordance to the 1979 negative side, development has occur improvements. It is rather doubtful the park, public improvements would now roperty cannot 1e standards it a in a great g. This is why al developer be Purchase it and owner of subject site, of the I -zoned land along ! the problems and code is industrial land. He iminax1 plat approval from was the developer take al park and put toogqether a develop a list of uses, for dealing with on -sits chose not to proceed with positive side, the area redlibaseedd plat. minimmaal that based on the uses in 05 ANNEXATIONS: ANNEXATIONS: Annexation of Section 12 of Spring Lake Township will do nothing to solve the current problems. To annex potential industrial land from this section and rezone it to industrial without a committed developer is not in the best interest of Prior Leks at this time. If annexation is contemplated, the property should come in as agricultural and remain agricultural until a developer is found. To extend utilities to the Industrial Park and Section 12 in the near future in hopes of a market developing is a fiscally dangerous move. The property is simply too far from the existing utility area to force improvements on land for which theta is no market and the cost of the improvements outstrip what little benefit is derived. Attached please find "Prior Lake Sewer and Water Report" which outlines costs and alternatives for provillinq service to the Credit River Industrial Park and the northern area of Section 12. Mr. Grendahl and Mr. Swenson appear interested only in short tors solution. Perhaps the absence of long term solutions and their costs contributed to the current situation. Mr. Crendahl should be given options of how he can use his property but also maintain the integrity of the area. ALTERNATIVE 1 Provide the developer with immediate relief and waive the subdivision requirements. Proceed with the amendment to the building code amending the 2000 sq. toot requirement. Also charge the developer the 104 park dedication fee normally collected during the subdivision process. ALTERNATIVE 2 Do not provide for immediate relief but authorize staff to do a feasibility study for providing improvements to the industrial park. ALTERNATIVE III building stud not a but the City Attorney to opinion the oaking without compensation issue and then asks a decision accordingly. llw_ NOTICE OF HEARING FOR VARIANCE You are hereby notified that the Prior Lake Planning Conunission will hold a hearing in the City Council Chambers located at City Hall, 4629 Dakota Street S.E. on: Date: THURSDAY, OCTOBER 21,1993 Time: 7:30 P.M. APPLICAN1% Gary Thomas, 6701 Farley Lane, Prior Lake. SUBJECT SITE: See attached legal description. REQUEST: The applicant proposes to expand an existing mini storage facility as per attached drawing. The applicant requests the Planning Commission to waive architectural design materials and the Landscape Ordinance in order to expand the mini storage facility as proposed. If you are interested in this issue, you should attend the hearing. The Planning Conunistiou will accept oral and/or written continents. Questions related to this hearing ahoald be directed to the Prior Lake Planning Department by calling 447 -4230 between the hoots of SAD a.m. and 4:30 p.m. Monday through Friday. Prior Lake Planning Commission Date Mailed: October 13,1993 4629 Dakota St SE , Prior Sake, Minnesota 55372 / Ph. (612) 4474230 / fax (612) 4474245 AN EQUAL oPPORRMIV nvwm 89 -0�, CONSIENT AGENDA: 3 (h) PREPARED BY: HORST GRASER, DIRECTOR OF PLANNING SUBJECT: CONSIDER APPROVAL OF SUBDIVISION ORDINANCE VARIANCES FOR RICK SWENSON DATE: SEPTEMBER 18, 1989 INT1 SAC] DISi � tlIEIR "A° L$vp DISCRIPTIOwi That part of the South 1600 feet of the East Three- Quarters of the Southeast Quarter of Section 1, Township 114, Range 22, Ee County, Minnesoa Highwayt /12yand lyingseasterlyhofcthe e c entrlLu* Of Scott following describedtfineaAs Aid Commencing at the southeast corner of said Section 11 thence on an assumed bearing of Worth 1 21 00 West along the line between the southeast corner and the northeast corner of said Section 1, a distance of 1251.72 feet; thence at right angles South $6 ° 3" West, a distance of 1575.73 feet; thence South $6 11 30 East, a di_ lace of $4.66 feet to the east line of the west 30.0 feet of the East Three-Qaartets of the Southeast Quarter of said Section 11 thence Earth 86 East, a distance of 514.66 feet► thence bearing south a distance of 704.31 feet to the centerline of County State Aid Highway $121 thence South 63 °37 East along the centerline of said Highway $12 a distance of 73.66 feetj thence bearing worth a distance of 412.0 feet► thence bearing East a distance o 944.0 feet► thence bearing South a distance of $70 feet, s »re or less to the centerline of County SLatc Aid Highway 412, and the actual point of beginning of the line to be described; thence bearing North a distance of 16 feet and there terminna o f . C the Southeast 513.45rflylegfeasterly Of th ai aba -- described Line A. � � ��'� �� f ,, � � �. •� -� - i , , , J_ � i t i� � _� '1 �'�Il�l � lr =��I� z ,�