HomeMy WebLinkAbout1992 December Planning Commission Agenda PacketI or
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DECEMBER 3, 1992
7:30 P.M.
CALL TO ORDER
7 :30 P.M.
REVIEW MINUTES OF PREVIOUS MEETING
7:30 P.M.
HELPING VARIANCE: TIME LIMIT
JAMES MILLER
EXTENSION TO ALLOW A DENSITY
APPROXIMATELY 15
VARIANCE TO BE VALID FOR
ACRES LOCATED PAST
MORE THAN 1 YEAR
OF JACKSON TRAIL ON
NORTHERN PRIOR LAKE
7:45 P.M.
CONTINUE DISCUSSION RELATIVE TO DUTIES
ALLEN GREENFIELD
OF THE PLANNING OOM4ISSION
PLANNING COMMISSION
* Indicates a Public Rearing
All times stated on the Planning Commission Agenda, with the exception of Public
Hearings, are approximate and may start later than the scheduled time.
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
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PLANNING COMMISSION
MINUTES
NOVEMBER 19,1992
The November 19, 1992, Planning Commission Meeting was called to
order by Chairman Roseth at 7 :30 P.M. Those present were
Commissioners Roseth, Arnold, Greenfield, Loftus, Director of
Planning Horst Graser, Assistant City Planner Deb Garross,
Associate Planner Sam Lucast and Secretary Rita Schewe.
Commissioner Wuellner arrived at 8:05 P.M.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY LOFTUS, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Loftus, Arnold, and Roseth.
Commissioner Greenfield abstained as he was not present at the
previous meeting. MOTION CARRIED.
ITEM II - ALLEN GREENFIELD - DISCUSSION
Commissioner Greenfield presented the following document on
duties of a commissioner and requested it be put into the minutes
verbatim. The document is as follows:
In any endeavor one struggles to find direction, definition, a
sense of purpose if you will. My appointment to this Planning
Commission has presented many new challenges. To begin with there
is much to learn. Ordinances, Comprehensive Plans, Ethics,
Codes, just to name a few. Maybe I should start with my new
position and learn all about the role of a Planning Commissioner.
SO YOU'RE A PLANNING COMMISSIONER ... NOW WHAT? This is a great
mama . I prove a me wi a needed sense of purpose. On page
5 it states, "The first responsibility of the public planner 2s
to the public, present and future." So I charge out the gate...
I'm ready to serve the public! This is getting really exciting.
Reading further, I discovered a single body of law, with powers
and a uniform procedure for conducting and implementing
municipal... Municipal Planning: Legislation in Minnesota (M.P.).
This, as it turns out, is the source document for our City
Government. The "do's and don'ts ", the "cans and can'ts", if you
will.
Well, what about our City Government. Referring to the Bylaws of
the City Council in Chapter 3, 1 began to read all about us. In
Section 1 Paragraph 2 -3 -4: DUTIES OF COMMISSION: The duties of
said Planning Advisory Commission is as follows:
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPOKrUNrtY EMPLOM
PLANNING COMMISSION MEETING MINUTES NOVEMBER 19,1992 PAGE 2
(A) To acquire and maintain in current form such basic
information and background data that is necessary to an
understanding of past trends, present conditions and forces at
w - +rk to cause -changes in these conditions.
(C) To establish principals and policies for guiding action
affecting development in the City and its environs.
How can this happen? How can the Planning Commission plan for
our community and not have current information regarding the
past and present trends? How can we render our recommendation to
the upcoming Prior Lake 2010 Comprehensive Plan without first
determining what our peoples needs are for the future? Here lies
the greatest challenge for our most immediate future!
Mr. Chairman, this commission has a responsibility as an
appointed advisory body of citizen representatives (M.P.
462.354). We must compply with paragraph (A) and (C) of our City
Planning By -Laws. It is imperative that we proceed with open
discussion to formulate necessary date certain actions, staff
recommendations and proposals to ensure the completion and
creation of a collective document to fulfill the needs of this
by -law. Please reference attachment (a) for suggested
recommendations.
If we fail to perform as required under the by -laws of the office
we occupy, the Planning Commissioners stand before Council,
Staff, and above all, the Citizens of Prior Lake, ill prepared to
undertake the task of planners. To quote from Fred H. Bair, Jr.,
a planning consultant, "The planner must plead (for the
unborn) cause, for them and it isn't easy ".
ATTACHMENT (a)
Planning Guide Proposal:
(1) Establish a date certain compliance of no more than 120 days,
with monthly progress review.
(2) Each Commissioner compose a one page letter expressing
detailed specific qualitative and quantitative statements, 6
minimum points, of their vision and goals for the future of Prior
Lake. The contents of these letters shall be sealed for the
entire review process and opened at the end and used as both a
contributing as well as a learning tool for the commission.
(3) Request and compile from staff applicable documents and
information pertinent to (A) from Comprehensive Plan 2010 source
data.
(4) Request and compile from staff any applicable data and
information pertinent to (A) from Prior Lake 2000 report.
(5) Announce and conduct a public hearing and /or workshop to
address and gather information pertinent to (A) .
PLANNING COMMISSION MEETING MINUTES NOVEMBER 19, 1992 PAGE 3
(6) Establish this planning guide and review biannually in order
to comply with (A) and (E) To keep the City Council and the
general public informed and advised as to all planning
development matters, and make recommendations for future changes
to the Comprehensive Plan as appropriate.
(7) Conduct a biannual public hearing and survey to revise or
update any changes applicable to (A).
(8) Each Commissioner shall research and present any pertinent
information from public newspapers, public forums /workshops or
publications indicating changing trends or conditions.
(9) Establish and review, zoning and planning changes of local
communities (to include: Belle Plains, Chanhassen, Chaska, Eden
Prairie, Lakeville, New Prague, Shakopee, Savage) and identify
factors and reasons for changes and how they would apply to our
present trends and future plans.
See attachment (b) for draft proposal of City Code 2 -3 -4.
ATTACHMENT (b)
2 -3 -4: DUTIES OF COMMISSION: The duties of said Planning
Advisory Commission are as follows:
(A) To acquire and maintain in current form such basic
information and background data that is necessary to an
understanding of past trends, present conditions and forces
at work to cause changes in these conditions. This document
shall be called Prior Lake Community Planning Guide (Year
Published). Information shall be collected from the
following sources.
(1) Public hearing conducted biannually on the first month of
the calendar year.
(2) Public survey conducted biannually on the second month of
the calendar year.
(3) on a continuing basis the commission shall research and
present any information from public newspapers, public
forums /workshops or publications indicating changing trends
or conditions.
(4) Zoning and planning changes of local communities to
include: Belle Plains, Chanhassen, Chaska, Eden Prairie,
Lakeville, New Prague, Shakopee, Savage) and identify factors
and reasons for changes and how they apply to our community.
This guide shall be updated on the sixth month of the
calendar year. The Planning Commission shall make
recommendation to the Council, the adoption and amendment to
the comprehensive municipal plan as appropriate from changes
identified in the Prior Lake Community Planning (M.P. 462.355
subd.2)
PLANNING COMMISSION MEETING MINUTES NOVEMBER 19, 1992 PAGE 4
Carl Hanson, 4065 Raspberry Ridge Road, commented on the lack of
public participation but felt public hearings should be held
anyway.
Janice Hanson, 4065 Raspberry Ridge Road, stated they are
representing The Citizen's Forum Group and are in support of
Commissioner Greenfield's proposal.
A heated discussion followed by the Commissioners on the pros and
cons of commissioner Greenfield's proposal. Consensus from the
Commissioners was to publish the Planning Commission agenda in
the Prior Lake American paper.
This item was placed at the foot of the agenda for further
discussion.
ITEM II - DISCUSSION ON COMPREHENSIVE 2010 PLAN REVIEW - STAFF
Deb Garross, Assistant City Planner, gave an overview on the
Prior Lake Comprehensive 2010 Plan and the procedure needed to
present the document to the community. Workshops need to be
scheduled for dissemination of information. A great deal of time
and effort went into the preparation of this document.
Commissioner Greenfield stated he felt frustration with the
system and wanted the Commissioners to become more pro- active and
not be funnel fed by Staff. He would like each Commissioner to
write an outline on the issues facing Prior Lake. Commissioner
Greenfield felt the reason the public is apathetic is due to lack
of leadership. He feels the Commissioners do not have to go the
the City Council and receiv9 marching orders but are a body of
individuals that can make recommendations to the City Council.
Chairman Roseth stated he would like the Commissioners to write
an outline on what they would like to see in the Comprehensive
Plan.
Mr. Graser reminded the Commissioners that the current draft is a
result of the meetings and workshops that were held with the
Planning Commission /City Council /and the Economic Development
Committee at 1990, 1991, and 1992 Retreat Sessions.
MOTION BY GREENFIELD, SECOND BY ARNOLD, THAT THE COMMISSION
COMPLY WITH SECTION 1 PARAGRAPH 2 -3 -4: DUTIES OF COMMISSION: THE
DUTIES OF SAID PLANNING ADVISORY COMMISSION IS A FOLLOWS: TO
ACQUIRE AND MAINTAIN IN CURRENT FORM SUCH BASIC INFORMATION AND
BACKGROUND DATA THAT IS NECESSARY TO AN UNDERSTANDING OF PAST
TRENDS, PRESENT CONDITIONS AND FORCES AT WORK TO CAUSE CHANGES IN
THESE CONDITIONS. TO INCLUDE BUT NOT LIMITED TO THE CONTENTS OF
ATTACHMENT (A) AND (B) AND OVER THE NEXT TWO MEETINGS DEVISE
STEPS TO FULFILL OUR OBLIGATION AND FURTHER DEVISE THE NECESSARY
STEPS TO PROCEED WITH AN ORGANIZED DISCUSSION OF THE 2010
COMPREHENSIVE PLAN.
Vote taken signified ayes by Greenfield, Arnold, Loftus, Roseth,
and Wuellner. MOTION CARRIED.
PL.VINING COMMISSION MEETING KINUTES NOVEMBER 19, 1992 PAGE 5
ITEM III- ESTABLISH DATE TO TOUR PUD SITE FOR SIENNA CORPORATION
After discussion the date set was December 5, 1992, at 9:30 A.M.
to tour the Fienna property.
MOTION BY LOFTUS, SECOND BY GREENFIELD, TO ADJOURN THE MEETING.
Vote taken signified ayes by Loftus, Greenfield, Roseth, Arnold,
and Wuellner. MOTION CARRIED.
Meeting adjourned at 10:15 P.M. Tapes of meeting on file at City
Hall.
Director of Planning Recording Secretary
Horst Graser Rita M. Schewe
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VN ES
NOTICE OF SPECIAL MEETING OF
THE PRIOR LAKE PLANNING COMMISSION
You are hereby notified that the Planning Commission will hold a
special meeting on Saturday, December 5, 1992 beginning at 9:30
a.m. The purpose of the meeting is to take a walking tour of a
future subdivision site which consists of approximately 160 acres
of vacant land located south of Prior Lake Middle School and
Senior High.
Anyone interested in participating in the tour should contact the
Prior Lake Planning Department in order that transportation to
the site can be arranged The meeting will begin at 9:30 a.m. at
the south entrance of Prior Lake City Hall located at 4629 Dakota
Street S.E.
If you desire to participate in the walking tour, or have
questions regarding this matter, contact the Prior Lake Planning
Department at 447 -4230.
Deb Garross
Assistant City Planner
To be published in the Prior Lake American on Monday, November
30, 1992.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 I Fax (612) 4474245
AN EQUAL OPPOKrUPM E LOVER
( /O P kro
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"VA20P2"
PLANNING REPORT
SUBJECT: CONSIDER VARIANCE EXTENSION
APPLICANT: PHYLLIS MILLER
SITE ADDRESS: SEE ATTACHED LEGAL DESCRIPTION
PRESENTER:. HORST GRASER, DIRECTOR OF PLANNING
PUBLIC HEARING: YES X NO
DATE: DECEMBER 3, 1992
HISTORY /BACKGROUND
On September 17, 1992 the City Council granted a variance to
William Henning to allow the construction of one additional
dwelling unit on his property. The variance requested was from
the four per quarter /quarter section requirement of the Zoning
Ordinance for lands located within the rural service area. See
attached planning reports for reference to this item. The City
Council granted the density variance subject to findings of fact
dat.�l August 17, 1992. The variance to allow one additional
structure on the subject site was approved subject to an executed
agreement restricting further issuance of building permits on the
site until urban services are installed. The agreement must be
filed with the Scott County Recorder's Office in order to effect
the variance approval.
City Attorney, Glenn Kessel drafted the attached agreement
setting forth the stipulations of the findings of fact. The
purpose of this application is to vary the one year time limit on
variance applications required by Section 7.7 of the Prior Lake
Zoning Ordinance. William Henning sold the property to Jerry
Miller after the initial variance hearing. Mr. Miller is
willing to sign and record the attached agreement limiting
further development on the property„ subject to an understanding
by the City that the variance will run with the land for a period
not to exceed twenty years. Staff supports the language provided
by Attorney Kessel, in item 3, page 2. However, because the
twenty year time frame was not specifically cited in the findings
of fact, Attorney Kessel, suggested that a separate variance be
filed to clarify the time limit issue.
Pending the decision of the Planning Commission on this variance,
staff will contact Harold Bohlen to determine his interest in
obtaining a variance to incorporate a similar clause into the
findings of fact for a comparable variance granted for his
property, located south of Titus Addition.
RECOMMENDATION:
The recommen ation from staff is to approve the time limit
extension tc twenty years, as recommended by City Attorney, Glenn
Kessel.
4629 Dakota St. S.E., Prior Like, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
AN EQUAL OPPORRIMTY EMPLOYER
X
r �• r
of
Existing Use
of Property:.
Legal Descril
of Variance
Variance Reg
Has the applicant
use permit on the
what was reuueste
previously sought to plat, rezone, obtain a variance or conditional
subject site or any part of it? Yes _No
It
the
SUBMISSION REQUIPSMENTSt
(A)Completed application form. (B)Piling fee. (C)Property Survey indicating the
proposed development in relation to property lines and/or ordinary- high -water marks
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)Complets legal description i Property Identification Number
(PID). (F)Deed restrictions or private covenants, if applicable. (WA parcel map
at 1 20' -50' showing: The site development plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALL BE ACCEPTED AND REnEWED BY THE PLANNING COMMISSION.
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 ovide information and follow the
procedures as outlined in the Ordinance. � i
r:ta
Submitted this D—day of 1U0,) 1U0,) 1 9�. Signature � •
Fair Owners Signatute
THIS SPACE IS TO BE FILLm OUT BY THE PLANNING DIREQOR
PLANNING COMMISSION _ APPROVED _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPRWED _ DENIED LATE OF HEARING
CONDITIONS:
Signature of the Planning Director
Phone: YY7-Y79Sr
Phone: vv: -xwA
Phone:
Phone:
e Agreemen
Lute
No delinquent taxca sadlrauder entered; Ccolliicale
of Real Estate Value ( )filed ( )nmrequired
Cenihram of Real Estate Value No.
. 19
County Auditor
STATE DEED TAX DUE HEREON: S 196.00 I prrtr,ed (oaemmir, deu)
Datt: November 16, 1992
FOR VALUABLE CONSIDERATION,
William F. Henning and Kathleen A. Henning, husband and wit.
hereby conny(s) and wurest(e) 10
Phyllis A. Miller
Granlee(s),
m1pruperlyin Scott County, Minnesets, described as folknrs:
Lots 7, S, 9, and 10, Black 1, plat of TIC.. and Adtlltlon, Scott County, Win .... to and
Late S, 9, 30, 11, and 12, Block 7, of .aid plat, and that part of Lot 6, el." 1, of
said plat and that part of Lot 7, Block 3, of said plat tying Westerly of the following
described lines eeglnnlng at the Northeast corner of aid Let 6, Block 11 thence
southerly to a point an the southerly line of said Lot 7, Block 1, distant 64.01 feet
Westerly of the Southeasterly corner of Said Lot 7 and there torminatingr kl.s0 all that
part of foothill Trail which accrues thereto by reason of the secretion thereof.
together with all heredit menls and appurtenance, belonging thereto sublets to she following exceptions:
Covenants, conditions, restrictions and easements of record, it any.
The seller certifies that the seller does not know of any wells on the described real
property.
Williams, J I. Henning
Hulked Tu Sump Nert e O R ., -4", K 1 /
ethlaes A. Henning
STATE OF
COUNTY OF Scott
u.
The foregoing instrument was acknowledged before me this lath day of November
by Wl111 F N . nln and K thl A H 1 h 1 d tl if
(�M SFwI dM N11 FX I111110X MXXl
X r• , MICHELLE A. LINDQUIST
\��•" NOT69Y MCLIC - MINIESOTA
SCOTT COUNTY
~/ MY CImnIHM E4:reF Ail So IEN
:LMCNb \ \Htae\M\aaM6aNNptpttFE
Scoce County kbstfaet and Title, Inc.
211 South Holmes Street
P.O. Box 5100
Shakopee, Minnesota 55379
Jorome A. Miller
155(03 C,,fAIrn1..iAve A/F_
Pnu, Lf Fe Mu 5$31a
Uio - j - 15 - 159 1 13:71? FROM LOMMEN-NELSON, MPLS. TO 54474245 P.02
AGR881MUT
THIS AGREEMENT, made and entered into as of this of
1992, by and between William Henning and Kathleen
Henning, husband and wife ( "Owner "), and The City of Prior Lake,
a Minnesota municipal corporation ("City").
RBCITJ"
WHEREAS, Owner is the fee owner of the following described
property located in the City, Scott County, Minnesota:
Lots 7, 8, 9 & 10, Block 1, Titus 2nd
Addition, Scott County, Minnesota, and Lots
8, 9, 10, 11 S 12, Block 2, of said plat;
and that part of Lot 6, Block 1 of said plat
and that part of Lot 7, Block 2, of said
plat 1 inq Westerly of the following
described lies:
Beginning at the Northeast corner of
said Lot 6, Block 11; thence Southerly
to a point on the Southerly line of
$aid Lot 7, Block 2, distant 54.01 feet
Westerly of the Southeasterly corner of
said Lot 7, and there terminating;
ALSO all that part of Foothill Trail,
vacated, as contained therein.
(the "Property "); and
WHEREAS, Owner submitted an application for a grant of a
variance from the City to allow the Owner to construct a single
family home on the Property, which grant would be in excess of
the density permitted under City Code 95- 4 -1(n), and
WHEREAS, by resolution of the City dated August 17, 1992,
the City granted Owner's variance application conditioned upon
the Owner executing and recording an Agreement restricting
further issuance of residential building permits on the Property
until said Property is serviced by City sewer and water; and
WHEREAS, the parties believe it in their best interests to
enter into this Agreement in order to satisfy the condition by
the City to the grant of said variance;
3
NOV- 19-19e2 13 :38 FROM LOMMEN- NELSON. MPLS. TO 94474245 P.03
NOW, THEREFORE, in consideration of the grant of the
variance and other mutual promises and agreements contained
herein, the parties agree as follows:
1. Property sublect to tbis Agreement The Property
which shall be held, conveyed and occupied subject to
this Agreement is legally described as follows to wit:
Lots 7, s, 9 L 10, Block 1, Titus 2nd
Addition, Scott County, Minnesota, and Lots
Sr, 9, 10, 11 & 12, Block 2, of said plat;
and that part of Lot 6, Block i of said plat
and that part of Lot 7, Block 2, of said
plat lying Westerly of the following
described line:
Beginning at the Northeast corner of
said Lot 6, Block 11; thence Southerly
to a point on the Southerly line of
said "Lot 7, Block 2, distant 54.01 feet
Westerly of the Southeasterly corner of
said Lot 7, and there terminating;
ALSO all that part of Foothill Trail,
vacated, as contained therein.
2. Restriction The Owner, their personal
representatives, successors, transferees and assigns
covenant and agree to restrict the Property from
further construction of additional single family home
residential structures on the Property and /or
application for City building permits for such
structures until said Property has been serviced by
City sewer and water.
3. Duration This Agreement and the covenants contained
herein shall run with and bind the Property and shall
inure to the benefit of and be enforceable by, the
Owner of any portion of said Property subject to this
Agreement, by the City and by the respective heirs,
devisees, legal representatives, successors and
assigns for a term of twenty (20) years from the Hate
this Agreement is recorded with the Scott County
2
NUU -19 -1552 13:36 FROM LUMEN - NELSON, MPLS. TO 94474245 F.04
Recorder, after which time this Agreement and the
covenants contained herein.shall be automatically
renewed for successive periods of ten (10) years.
4. Enforcement The City and /or the owner of any portion
of the Property shall have the right to enforce this
Agreement by any proceeding at law or in equity, or
both, against any person violating or attempting to
violate the covenants contained in this Agreement to
restrain such violation and /or to recover damages
resulting from such violation. The failure of an
owner of any portion of this Property or the City to
enforce the covenants shall not be a waiver of the
right to do so thereafter.
5. Termination This Agreement and the covenants
contained herein shall terminate on the filing of a
Declaration by the City of termination.
6. Invalidity The invalidation of any provision of this
Agreement shall not affect any of the other provisions
herein, which shall remain in full force and effect.
7. ,Complete Agreement This Agreement contains the
entire agreement of the parties hereto, and no
representations, inducements, promises or agreements,
oral or otherwise, among the parties not embodied
herein shall be of any force or effect unless changed,
amended or waived Ly a subsequent writing signed by
each Of the parties.
3
NUU-19 - 1592 13;3d FROM LUMMEN- NELSLIN, MPLb.
TO 54474245 F.05
IN WITNESS WHEREOF, the parties have duly executed this
Agreement as of the date and year first above written.
"OWNER"
William
at een Henning
ACKNOWLEDGMENT
STATE OF MINNESOTA )
)ss.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this
day of 1992 by William Henning and Kathleen
Henning, husband and wife.
Sign Person o erson Taking
Acknowledgment
'CITY"
By
y ie n rsn
Its Mayor
By
Its City Manager
STATE OF MINNESOTA )
) as.
COUNTY OF SCOTT )
The foregoing was acknowledged before me this day of
1992, by Lydia Andren and ,
respectively, the Mayor and City Manager of The City of prior
Lake, a municipal corporation under the laws of Minnesota, on
behalf of the corporation.
gnature o person taking
acknowledgment
4
"jU- 19 13:39 FROM LOMMEH-NELS NN. MP S. TO 94474245 F.06
THIS INSTRUMENT WAS DRAFTED BY:
LOMMEN, NELSON, COLE $ STAGEBERG, P.A.
1800 IDS Center
Minneapolis, Minnesota $5402
Telephone: 612/339 -8131
blr /prior /henningAg
PIDi '"p75•(I I - f)(2I -(�
«,� •• �,g
r • • s r
phone: .f.¢3 = z! 7 7
Phone:
Property Owner -5:4 a( �F ��N••c
Address• — Work Phone-
Type of Ownership: F Contract Purchase Agreement
Consultant /Contractor: one
Existing Use '
of Property:- �i1'/Q %� < �� Present Zonirg - Q>
Proposed Use
of Property: C'o.y s y .s.✓Fd�i s f
Legal Description
of Variance Site: / 016u+ IS F)r
Variance Requested: /Y10
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site qqr ary part of it? _Yes — No
What was requested: 3'u 6d+,i � s o h'
Describe the type of improvements proposed:
SUBMISSION REQUIRF?iQ1f5
(A)Completed application form. (B)Filing fee. (C)Property Survey. (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 a
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.
ONLY COMPLETE APPLICATIONS SHALL. BE REVIEP)ID BY THE PLANNING COMMISSION-
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to provide information and follow the
procedures as outlined in the Ordinance.
Applicants Signature
a:6mitted this 2-1-day of19
Fee ers Signatur Q
THIS SPACE IS TO BE FILLED OLT1' BY THE PLANNING DIRECTOR
PLANNING COMMISSION _ APPROVED _✓DENIED � r9 DATE OF HEARING
CITY COUNCIL APPEAL _ APPROVED _ DENIED — -— DATE OF HEARING
Date
N 112 SEC. 23 T. H5 R. 22
win
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NW 1/4 Nw ua
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' 1
E '
Minutes of the Prior Lake City Council August 17, 1992
upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski and
Scott, the motion passed unanimously.
The next order of business was: Conduct Findings on Variance
Application of Bill and Kathleen Henning. Planning Director
Horst Graser reviewed the directions given to staff by Council at
the August 3, 1992 Council Meeting which was to prepare findings
of fact on the variance application of Bill and Kathleen Henning.
Graser then presented nine findings of fact relative to the
application. Discussion occurred on the nine findings of fact
and Council concurred that this variance was a unique situation
and would not create a precedent.
MOTION MADE BY FITZGERALD, SECONDED BY SCOTT, TO APPROVE BILL AND
KATHLEEN HENNING'S VARIANCE APPLICATION BASED ON THE FINDINGS OF
FACT AS STATED IN THE STAFF REPORT.
Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski and
Scott , the motion passed unanimously.
The next order of business was: Second Consideration of Outdoor
Concert ordinance Amendments 92 -06. Assistant City Manger Kay
Schmudlach distributed copies of the proposed ordinance
amendments and noted that the time had been changed to reflect
the 12:30 A.M. closing on Sunday morning as opposed to the
original closing time which had been 11:30 P.M. on Seturda
night. A short discussion occurred on whether the issue of
closing streets for a concert should be addressed. Council
concurred that since there had been no problems in the past that
this issue would be addressed on a case by case basis. Council
directed staff to have the ordinance prepared in final form and
placed on the Consent Agenda for action at the September 8
Council meeting.
The next order of business was: First Consideration of Mineral
Extraction Ordinance 92 -09. Associate Planner Sam Lucast stated
that the purpose of this Ordinance was to eliminate Mineral
Extraction as a Conditional Use in the A -1 and C -1 zoning
districts in Prior Lake, and reviewed the results of research
conducted by staff.
MOTION MADE BY KEDROWSKI, SECONDED BY FITZGERALD, TO ACCEPT THE
PLANNING COMMISSION'S RECOMMENDATION TO ADOPT ORDINANCE 92 -09,
AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING ORDINANCE NO.
83 -06.
Upon a vote taken, ayes by Andren, Fitzgerald, Kedrowski and
Scott , the motion passed unanimously.
Topics discussed under Other Business are as follows:
-- Name for Business office Park. Assistant City Manager Kay
Schmudlach distributed a memorandum listing the names
submitted for the new Business /Office Park, and requested
that Council review the selection of names and contact staff
by August 21 with any suggestions. Ms. Schmudlach also
discussed sJ&s for the Business /Office Park.
AGENDA NO.: 6
PREPARED BY: HORST GRASER, PLANNING DIRECTOR
SUBJECT: CONSIDER FINDINGS ON VARIANCE APPLICATION
OF BILL AND KATHLEEN HENNING
DATE: AUGUST 17, 1992
INTRODUCTION: The City Council considered the variance
3 pplication of Bill and Kathleen Henning on August
fi 1992. City Council directed staff to prepare
ndings of fact on the variance application to be
considered at the next meeting.
DISCUSSION: The City Cc
and receive
The essence
equity and
a
of fact
liscussed the variance application
Lmony from neighboring residents.
:cession centered around fairness,
reasonable nature of this
oral consensus of the Council was
arable position with respect to
application subject to staff
is of fact on the application.
like to present the following
•elative to this application:
1. The majority of the subject quarter /quarter
section and immediate area was previously
T latted into 2 to 3 acre lots under the
urisdiction of Eagle Creek Township.
2. As a result of the previous platting, the
subject quarter /quarter section is urban in
character and zoned R -1 single family
residential to reflect the higher urban
density.
3. The subject site consists of 15 acres.
4. The subject Bite is a residual piece of
previously urbanized property, surrounded by
higher density, is urban in character and
abuts the City of Shakopee. The City of
Shakopee provides for a greater density in
their rural service Brea.
5. The lot size is consistent with the 4 per 40
acres concept found in the Comprehensive
O Plan.
6. The location of the home on the subject site
will benefit future redivision.
4629 Dakota St. S.E., Prior take, Minnesota 55372 / Ph. (612) 4474230 / Fax(612)447-4245
AN EQUAL OPPORRMY aaarnet
7. The neighborhood is supportive of the
variance based on testimony received on
August 3.
S. Under the circumstances it is a reasonable
deviation of Prior Lake's Zoning Law, promotes
fairness and equity and is not contrary to the
general health and welfare of the community.
9. The applicant has agreed to execute and
record an Agreement restricting further
issuance of building permits on the subject
site until serviced by sever and water.
ALTERNATIVES: The City Council has the following alternatives:
1. Approve and the variance application of
Bill and Kathleen Henning and adopt,
based on the finding of fact as
established above.
2. Approve the variance application of Bill
and Kathleen Henning with an amended
listing of finding of fact.
3. Table the item for specific reasons.
4. Do not approve the variance application
of Bill and Kathleen Henning.
: Staff recommends alternative #1 or #2.
ACTION REQUIRED: A motion supporting alternative #1 or #2 is order.
0
v �
\ m
"VA20P3
NOTICE OF HEARING
FOR
VARIANCE
You are hereby notified that a hearing will be held by the
Planning Commission in the Prior Lake Council Chambers at 4629
Dakota Streat S.E. on:
THURSDAY, DECEMBER 3. 1992 at _ 7:30 P.M.
PURPOSE OF HEARING: To consider a variance application for
Phyllis Miller, 15563 Calmut Avenue.
SUBJECT SITE LOCATION: Lots 6 - 10, Block 1, Titus 2nd Addition
& Lots 7 - 12, Block 2, Titus 2nd
Addition. See attached map.
REQUESTED ACTION: The applicant requests that the Planning
Commission grant a variance to the one
year time limit placed on a previously
approved variance for William Henning.
William Henning was granted a variance on
August 17 1992 which will allow for the
construction of one new single family
home on the subject site, indicated upon
the attached map A variance, according
to Prior Lake City Code, expires after
one year if construction has not begun.
Mr. Henning sold the property to Phyllis
Miller who is the current applicant. It
is her intent to build a new single
family home at some point in the future.
However, it is likely that the home would
not be built by August of 1993.
Therefore, the applicant requests a time
limit extension on the variance
originally approved for Mr. Henning. The
proposed extension period would allow the
variance to be valid for a period not to
exceed 20 years.
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 City Council. For more information, contact the Prior
Lake Planning Department at 447 -4230.
Prior Lake Planning Department
DATE MAILED: November 25, 1992
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
M EQUF OPPORNMW EWLOYER