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HomeMy WebLinkAbout08 01 1991 Planning Commission agenda packetLIST /F PR /O\ a P \tNNE5 "CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991" RHGULAR P[ARUM O]NMISSION MEETII� AGEMA AUGUST 1, 1991 7:30 P.M. 7:30 P.M. * 7:30 P.M. T/ as r_11Z. f, PUBLIC NEARING VATTER ORTENM ACCESSORY SrRUC1URFS STAPF * Indicates a Public Aging 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) 447 -4230 / Fax 1612) 447 -4245 An Equal opportunity/Affirmative Action EmPloyer PRI ' n k HERITAGE 1891 u COMMUNITY 1991 PLANNING COMMISSION MINUTES JULY 11, 1991 The July 11, 1991 Planning Commission Meeting was by Acting Chairman Loftus at 7:30 P.M. Those Commissioners Loftus, Kedrowski, Wells, Roseth, Planner Deb Garross, and Secretary Rita Schewe. 4!_ UX 1 ' called to order present were Assistant City ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY KEDROWSKI, SECOND BY ROSETH, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Kedrowski, Loftus, and Roseth. Commissioner Wells abstained as she was not present at the previous meeting. MOTION CARRIED. ITEM II - MARK DANES - LOT AREA VARIANCE Mark Danes, 5330 Crossandra Avenue, Prior Lake, stated that upon applying for a building permit for a home with a deck at 2948 Terrace Circle, he was informed by Gary Staber Prior Lake Building Official, that he would need a lot area variance. The lot in question is 7100 square feet and City Code requires 10,000 square feet. Deb Garross presented the information as per memo of July 11, 1991. The lot is a legal non - conforming lot of record that was administratively divided in 1983. It is a vacant corner lot that contains weeds, volunteer tree growth and debris. The applicant proposes minimal grading which will likely destroy some of the tree cover on the lot. There is a drainage easement across the northerly part of the lot that further restricts development opportunities. Hardship is caused by the changes in the ordinance since the lot was legally subdivided. DNR has no objections to the variance. Applicant is able to meet all other requirements. Staff's recommendation is to approve the 2,900 square foot minimum lot area variance subject with the condition that four trees be planted on the property. Jean Roberts, 2950 Terrace Circle, asked for clarification on setbacks and the drainage easement. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 1 Fax (612) 447 -4245 PLANNING COMMISSION MEETING JULY 11, 1991 PAGE 2 Comments from the Commissioners were on drainage easement setbacks, number of trees removed and replacement of trees, size of deck, and that a hardship is evident. MOTION BY KEDROWSKI, SECOND BY ROSLTH, TO APPROVE A 2900 SQUARE FOOT LOT AREA VARIANCE FOR 2948 TERRACE CIRCLE. RATIONALE BEING THAT A HARDSHIP WAS CAUSED BY A CHANGE IN THE ORDINANCE AND THEREFORE IS NOT THE FAULT OF THE APPLICANT. AN AMENDMENT TO THE MOTION WAS MADE STATING THAT A MINIMUM OF FOUR TREES SHALL BE ON THE PROPERTY. THESE CAN EITHER BE EXISTING OR NEW PLANTINGS WHICH WILL BE DETERMINED BY STAFF'S DISCRETION. Vote taken signified ayes by Kedrowski, Roseth, Wells, and Loftus. MOTION CARRIED. Clark David, 2950 Terrace Circle, questioned the future status of trees in the easement. Deb Garross stated that it would depend on construction methods if any trees had to be removed. MOTION BY ROSETH, SECOND BY KEDROWSKI, TO ADJOURN THE MEETING. Vote taken signified ayes by Roseth, Kedrowski, Wells, and Loftus. MOTION CARRIED. Meeting adjourned at 8:00 P.M. Tape of meeting on file at City Hall. Deb Garross Rita M. Schewe Assistant City Planner Recording secretary /F P J � Y m P 'lI /A'�Y EgO/ HERITAGE 1891 COMMUNITY TYfX. h` 1991 2091 MEMO TO: FROM: DATE: REGARDING: PLANNING COMMISSION SAM LUCAST ASSOCIATE PLANNER AUGUST 1, 1991 WATER ACCESSORY STRUCTURES ON LAKE LOTS ZA 91 -07 Lake shore lots with extreme slopes may hamper property owners use of the lake. This Zoning Amendment allows the construction of accessory structures which meet the strict criteria set forth in this amendment. The terms of the ordinance are restrictive enough to prevent or discourage many property owners from constructing the Structures. Accessory structures will not proliferate, but citizens who truly desire them now have an opportunity to build one. Some of the criteria include: • One structure per lot • General or residential development lakes only • Greater than twenty percent (20 %) slope present • No human habitation or restroom facilities • Building permit and 1r.nd survey required • Size limited to onehundred- twenty (120) square feet and eight (B) foot high walls • Block or wood construction compatible with primary structure and neighbors • Foundation must be positively anchored • Located in visually inconspicuous portion of the lot Setback ten (10) feet from the Ordinary High water mark (OHW) * All disturbed vegetation must be replaced and no live trees over six (6) inch caliper shall be removed without building inspector approval. * Structures built below the 909 foot elevation must have plans prepared and signed by a registered engineer stating the plans are in compliance with flood policy regulation promulgated by the fill in the blank The Zoning Amendment allows both the Citx and property owner to benefit from having the structure. The City may regulate the structures and the owner does not have to haul equipment up and down steep slopes. 4629 Dakota St. S.E, Prior Lake, Minr�sota 55372 ( Ph. (612) 447 -4230 1 Fax (612) 4474245 0 PRI HERITAGE M COMMUNITY 1991 CITY OF PRIOR LAKE ORDINANCE NO. 91 -07 9',fX (" D RAY AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING ORDINANCE NO. 83 - -6. The Council of the City of Prior Lake does hereby ordain: A new Definition of Water- Oriented Accessory Structure. is hereby added to Prior Lake City Code, Section 5 -8 -1 (C) to read as follows: 5- 8 -1C): WATER- ORIENTED ACCESSORY STRUCTURE A small building less than onehundred- twenty (120) square feet that is used to store boating accessories and equipment on lake shore lots that contain steep slopes equal to or greater than twenty percent (20 %).The General Development lakes within the community are developed as urban lakes and used intensively for a variety of recreational activities. The relationship of surface water recreational use to this type of structure necessitates that the building be located closer to the lakeshore O -H -W than the normal structural setback requirement. A new paragraph 5 -5 -3 (E) is hereby added to Prior Lake City Code to read as follows: 5- 5 -3(E): One (1) Water - Oriented Accessory Structure may be allowed per lot, on General Development (GD) lakes that have municipal sewer and water, provided a building permit is obtained from the City of Prior Lake and the following criteria are met: 1. The lot contains a slope in excess of twenty percent (208) measured from the rear of the house to the ordinary high water mark (O -H -W); and 2 The exterior wall height must not exceed eight (8) feet, measured from the top plate to the bottom plate, and the structure cannot occupy an area greater than onehundred- twenty (120) square feet; and 3. The structure shall be located in the most visually inconspicuous portion of the lot, as 4629 Dakota St. S.E., Prior fake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245 DRAFT viewed from the surface of the lake, assuming summer, leaf -on conditions. '"he minimum setback requirement must be at least ten (10) feet from the ordinary high water mark and meet the other applicable side yard setbacks. The setbacks shall be verified by a certificate of survey prepared by a registered surveyor; and 4. The structure must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. However, the structure may contain electrical and mechanical systems; and 5. The structure must be constructed of treated wood and or block that is compatible with the principal structure and designed to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf -on conditions; and 6. If the proposed structure will be located below the regulatory flood plain elevation, The structure must be built compliant with applicable flood proofing requirements of the Building Code and Prior Lake Flood Plain Ordinance; and 7) Trees that are six (6) inches in caliper or larger, may not be removed for the erection of a water - oriented accessory structure. Erosion control measures as required by the Building Official must be implemented and all disturbed vegetation replaced with sod or suitable landscaping materials. A new Definition of Water - Oriented Accessory Structure, is hereby added to Prior Lake City Code, Section 9.1C to read as follows: 9.1C WATER - ORIENTED ACCESSORY STRUCTURE: A small building less than onehundred- twenty (120) square feet that is used to store boating accessories and equipment on lake shore lots that contain steep slopes equal to or greater than twenty percent (20 %). The General Development lakes within the community are developed as urban lakes and used intensively for a variety of recreational activities. The relationship of surface water recreational use to this type of structure necessitates that the building be located closer to the lakeshore O -H -W than the normal structural setback requirement. A new paragraph 6.3 E. is hereby added to Prior Lake City Code to read as follows: 6.3 E. One (1) Water - Oriented Accessory Structure may be allowed per lot, on General Development (GD) t•. lakes that have municipal sewer and water, provided a building permit is obtained from the City of Prior Lake and the following criteria are met: 1. The lot contains a slope in excess of twenty percent (20 %) measured from the rear of the house to the ordinary high water mark (O -H -W); and 2 The exterior wall height must not exceed eight (8) feet, measured from the top plate to the bottom plate, and the structure cannot occupy an area greater than onehundred- twenty (120) square feet; and 3. The structure shall be located in the most visually inconspicuous portion of the lot, as viewed from the surface of the lake, assuming summer, leaf -on conditions. The minimum setback requirement must be at least ten (10) feet from the ordinary high water mark and meet the other applicable side yard setbacks. The setbacks shall be verified by a certificate of survey prepared by a registered surveyor; and 4. The structure must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. However, the structure may contain electrical and mechanical systems; and 5. The structure must be constructed of treated wood and or block that is compatible with the principal structure and designed to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf -on conditions; and If the proposed structure will be located below the regulatory flood plain elevation, the structure must be built compliant with applicable flood proofing requirements of the Building Code and Prior Lake Flood Plain Ordinance; and Trees that are six (6) inches in caliper or larger, may not be removed for the erection of a water - oriented accessory structure. Erosion control measures as required by the Building Official must be implemented and all disturbed vegetation replaced with sod or suitable landscaping materials. DRAFT This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this day of , 1991. ATTEST: City Manager Mayor Published in the Prior Lake American on the day of , 1991. Drafted By: Sam Lucast Associate Planner City of Prior Lake 4629 Dakota Street Prior Lake, MN 55372 O� PRIGS HERITAGE 1891 COMMUNITY 1991 PUBLIC NOTICE TO AMEND PRIOR LAKE ZONING CODE V49/ You are hereby notified that the Planning Commission will hold a Public Hearing in the Prior Lake City Council Chambers at 4629 Dakota Street S.E., on Thursday August 1, 1991 at 7:30 p.m.. The purpose of the hearing is to consider a zoning amendment to allow water oriented accessory structures on general development lakes (Prior and Spring Lakes). The structure will be limited to storing boating accessories and to onehundred- twenty (120) square feet in area. The following language is proposed for the amendment. A new Definition of Water - Oriented Accessory Structure, is hereby added to Prior Lake City Code, Section 5 -8 -1 (C) and to the Prior Lake Zoning Ordinance Section 9.1C to read as follows: WATER- ORIENTED ACCESSORY STRUCTURE A small building less than onehundred- twenty (120) square feet that is used to store boating accessories and equipment on lake shore lots that contain steep slopes equal to or greater than twenty percent (20%) The General Development lakes within the community are developed as urban lakes and used intensively for a variety of recreational activities. The relationship of surface water recreational use to this type of structure necessitates that the building be located closer to the lakeshore O -H -W than the normal structural setback requirement. A new paragraph 5 -5 -3 (E) is hereby added to Prior Lake City Code and to Section 6.3E of the Prior Lake Zoning Ordinance to read as follows: One (1) Water- Oriented Accessory Structure may be allowed per lot, on General Development (GD) lakes that have municipal sewer and water, provided a building permit is obtained from the City of Prior Lake and the following criteria are met: 1. The lot contains a slope in excess of twenty percent (208) measured from the rear of the house to the ordinary high water mark (O -H -W); and 4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612( 447 -4230 / Fax(612)447-4245 2. The exterior wall height must not exceed eight (8) feet, measured from the top plate to the bottom plate, and the structure cannot occupy an area greater than onehundred- twenty (120) square feet; and 3. The structure shall be located in the most visually inconspicuous portion of the lot, as viewed from the surface of the lake, assuming summer, leaf -on conditions. The minimum setback requirement must be at least ten (10) feet from the ordinary high water mark and meet the other applicable side yard setbacks. The setbacks shall be verified by a certificate of survey prepared by a registered surveyor; and 4. The structure must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities. However, the structure may contain electrical and mechanical systems; and 5. The structure must be constructed of treated wood and or block that is compatible with the principal structure and designed to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf -on conditions; and 6. If the proposed structure will be located below the regulatory flood plain elevation, The structure must be built compliant with applicable flood proofing requirements of the Building Code and Prior Lake Flood Plain Ordinance; and 7) Trees that are six (6) inches in caliper or larger, may not be removed for the erection of a water - oriented accessory structure. Erosion control measures as required by the Building official must be implemented and all disturbed vegetation replaced with sod or suitable landscaping materials. If you desire to be heard in reference to this matter, you should attend this hearing. The Planning Commission will accept oral and or written comments. If you have questions regarding this matter, contact the Prior Lake Planning Department at 447 -4230. Sam Lucast Associate City Planner To be published in the Prior Lake American on July 22 and 29, 1991.