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HomeMy WebLinkAbout1991 November Planning Commission Agenda PacketNOVEMBE� �� PRlO HEW Ti1GE COMMUNITY 9�J:5�_ti 1891 1991 2oy> l J� 7:30 P.M. 7:30 P.M. 7:30 P.M. REGULAR PLANNING COMMISSION MEETING AGENDA NOVEMBER 7, 1991 CALL TO ORDER REVIEW MINUTES OF PREVIOUS MEETING DISCUSSION PARKING LOT SITE PLAN REVIEW 8:00 P.M. HEARING 8:30 P.M. DISCUSSION 8:35 P.M. DISCUSSION CONDITIONAL USE PERMIT DEVOS SITE LINE STUDY UPDATE COMPREHENSIVE PLAN WORKSHOP UPDATE SHAKOPEE MDEWAKANTON SIOUX COMMUNITY PAT O'KEEFE STAFF STAFF * Indicates a Public Hearing 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 Cake. Minnesota 55372 / Ph. (612) 447 -4234 / Fm(612)4474245 HERITAGE 1891 COMMUNITY 1991 2n9i PLANNING COMMISSION MINUTES OCTOBER 17, 1991 The October 17, 1991, Planning Commission Meeting was called to order by Chairman Loftus at 7:30 P.M. Those present were Commissioners Loftus, Kedrowski, Wells, Roseth, Director of Planning Horst Graser, Associate Planner Sam Lucast, and Secretary Rita Schewe. Commissioner Arnold was absent. 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, Arnold, and Roseth. MOTION CARRIED. Commissioner Wells abstained as she was not present at the previous meeting. ITEM II -TOM KEARNEY - FRONT, LAKESHORE, SIDEYARD, LOT COVERAGE AND MINIMUM LOT SIZE VARIANCES Tom Kearney, 9090 McColl Drive, Savage, stated that his family has owned the property at 6424 Conroy Street for many years and now wishes to remove the existing cabin and deck to construct a single family home. He is requesting several variances to be able to build a home. In 1985 he purchased 25 feet from Lot 48 thereby increasing his lot frontage to 74 feet. Horst Graser stated that the minimum lot size variance had been omitted from the application and that it be amended to include the 1,927 square foot variance. The Commissioners were in agreement with the request. Sam Lucast presented the information as per memo The applicant is requesting a 4% maximum lot coverage variance, a 6.5 foot front yard variance, a 2.5 foot east side yard variance, a 45.7 foot Lakeshore variance, and a 1,927 square foot minimum lot size variance. The area was platted in the 1920's and consists of extremely small lots. The subject site is one and a half lots and contains 5,573 square feet. The area is developed with single family dwellings and older cabins. Current setback requirements would render the subject site non - buildable. The DNR has no objections to the application. Recommendation from Staff is to approve the variances as requested. The hardship is not caused by the applicant nor the City of Prior Lake. The site was subdivided and developed under another government jurisdiction. The property has been assessed for water and sewer, the variances requested would not be detrimental to the public health and welfare and are consistent with previous applications in this particular neighborhood. 4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 1 Ph. (612) 447 -4230 / Fax (612) 4474245 PLANNING COMMISSION MEETING MINUTES OCTOBER 17, 1991 PAGE 2 Comments from the Commissioners were on; size of house on the lot, the established precedent for granting some degree of variance on substandard lots, and commended the applicant on his plan that conforms to required setbacks more than the existing cabin. MOTION BY WELLS, SECOND BY ROSETH, TO APPROVE THE FOLLOWING VARIANCES FOR 6424 CONROY STREET, A 4% MAXIMUM LOT COVERAGE VARIANCE, A 6.5 FOOT FRONT YARD VARIANCE, A 2.5 FOOT EAST SIDE YARD VARIANCE, A 45.7 FOOT LAKESHORE VARIANCE, AND A 1,927 SQUARE FOOT MINIMUM LOT AREA VARIANCE. THE RATIONALE BEING THAT THE HARDSHIP WAS CREATED BY CITY ORDINANCES, NOT THE APPLICANT AND LITERAL ENFORCEMENT WOULD CREATE UNREASONABLE HARDSHIP FOR THE APPLICANT. Vote taken signified ayes by Wells, Roseth, Kedrowski, and Loftus. MOTION CARRIED. ITEM III RUSSELL DEVOS - FRONT LAKESHORE SIDEYARD AND LOT COVERAGE VARIANCES Russell DeVos of 12825 Apple View Lane, Burnsville, stated he is requesting several variances in order to build a new home on Lot 34 and the east 5 feet of Lot 33, Lakeside Park. Kathy Farquharson, Architect for the applicant presented the plans for the house discussing the design relative to the lot. Harold Skjelbostad, representing the landscaping firm retained by the applicant discussed the erosion control and site planting plan indicating that the drainage concerns expressed by Staff had been addressed and incorporated into the design. Sam Lucast presented the information as per memo of October 17, 1991. The applicant is requesting a 9% lot coverage ratio variance, a 5 foot west side yard variance, a 15 foot lakeshore variance, and a 12 foot front yard variance to construct a single family home. The lot was platted in the 1920's and is a substandard lot by today's standards. The erosion control and planting plans have addressed Staff's concerns. The runoff water from the house and driveway will feed into underground pipes and daylight at the 904 elevation which will have rip rap to prevent erosion. DNR has no objections to the application. The driveway will provide room to exit the garage and pull out onto the street thus allowing safer egress for the applicant and does not present a safety hazard for other motorists. Staff recommends approval of all requested variances. Jay Drew Caruso, 16186 Lakeside Avenue, voiced his concern that the applicants garage would obstruct his view when backing out onto the street thereby causing a safety hazard. Comments from the Commissioners were on; erosion and planting plans, difficult lot to develop, house plan appropriate for lot, caution signage for street, neighbors concerns on clear view angle, obstruction caused by shrubbery, construction schedule, and that the variances are Justified. PLANNING COMMISSION MEETING MINUTES OCTOBER 17, 1991 PAGE 3 Horst Graser suggested that the City would have the site lines surveyed to identify any safety issues and inform Mr. CAruso of the outcome. MOTION BY ROSETH, SECOND BY WELLS, TO APPROVE THE FOLLOWING VARIANCES FOR 16176 LAKESIDE AVENUE, A 9% LOT COVERAGE RATIO VARIANCE, A 5 FOOT WEST SIDE YARD VARIANCE, A 15 FOOT LAKESHORE VARIANCE AND A 12 FOOT FRONT YARD VARIANCE TO CONSTRUCT A SINGLE FAMILY DWELLING SUBJECT TO STAFF'S REVIEW ON THE GARAGE SITELINE, ALSO THE EROSION CONTROL AND PLANTING PLAN AS SUBMITTED BY THE APPLICANT BE INCORPORATED INTO THE CONDITIONS OF APPROVAL. RATIONAL BEING THAT THE LOT IS SUBSTANDARD, VARIANCES ARE REASONABLE, THE HARDSHIP WAS NOT CREATED BY THE APPLICANT, AND THE VARIANCES WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD. A friendly amendment to the motion was made by Commissioner Loftus and accepted by Commissioners Roseth and Wells, THAT IF THE SITE LINE REVIEW BY STAFF SHOWS THAT THE DEVOSS HOME AND GARAGE DO NOT COMPROMISE MR. CARUSO'S SIGHT LINES, THEN THE BUILDING PERMIT CAN BE ISSUED. STAFF'S FINDINGS ARE TO BE SUBMITTED TO THE PLANNING COMMISSION AT THE NOVEMBER 7, 1991 MEETING. Vote taken signified ayes by Roseth, Wells, Kedrowski, and Loftus. MOTION CARRIED. MOTION BY KEDROWSKI, SECOND BY WELLS, TO ADJOURN MEETING. Vote taken signified ayes by Kedrowski, Wells, Loftus, and Roseth. MOTION CARRIED. Meeting adjourned at 9:20 P.M Hall. Tape of meeting on file at City Horst W. Graser Director of Planning Rita M. Schewe Recording Secretary / O F PRI / 'P HERITAGE COMMUNITY 1891 1991 UU T. II PC9101 11 PLANNING REPORT SUBJECT: SITE PLAN REVIEW APPLICANT: SHAKOPEE MDEWAKANTON SIOUX COMMUNITY SITE ADDRESS: 2330 SIOUX TRAIL N.W., PRIOR LAKE PRESENTER: DEB GARROSS, ASSISTANT CITY PLANNER PUBLIC HEARING: YES X NO DATE: NOVEMBER 7, 1991 9 `mil, 90. I H ISTORY /BACKGROUND T tie PPlanning Department has received a variance application from the Mdewakanton Sioux Community (MSC), to construct a 304 car parking lot in the A -1 Agricultural Zoning District. Parking lots are neither a permitted or conditional use in the A -1 District. The Planning Commission in accordance with Section 7.6 of the Zoning Ordinance has the authority to grant a variance from the requirements of the Ordinance. The MSC recently purchased 40 acres of a to and west of the current gaming op operation's parking capacity. During pe 83 (Columbia Avenue) serves as over uncommon for cars to be parked on both s 42 south of Oakes Lane. Based upon this obvious that additional on site par However, it is impossible for this sta shortfall of parking spaces. Accurate p be based up employment and building capa cultural land adjacent tions to expand the activity periods, C.R. w parking. It is not s of C.R. 83 from C.R. servation, it is quite g space is needed. to determine the total ing projections must y data. Since the MSC is a sovereign entity, such data is customarily not shared. PROPOSAL• William Rudnicki, P.E. of the firm William R. Engelhardt Associates, Inc has projected the need and developed a plan that would add 304 parking spaces to the current supply. the proposed lot (see attached parking expansion plan) is an extension of the paved lot located directly south of the Bingo Palace. The proposed parking lot would be graded and paved according to the specifications found on the parking plan. Mr. Rudnicki states in his attached letter dated, October 17, 1991 that the parking lot would be temporary and will be removed after the new gaming facility is opened. A May 3, 1992 opening date for the new casino is projected. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 EXISTING CONDITIONS: The conditions and circumstances that exist relative to this application are unique. The MSC is a growing sovereign entity that needs additional land to accommodate its current growth. The logical course of action is to acquire adjacent, vacant land and develop it in accordance to need and projected demand. however the annexation process as set forth for Reservations, has not been completed, which leaves Prior Lake in control over land use matters. Once the annexation is completed, the land will be held in trust for the MSC and their own land use regulations will be in effect. This process is expected to take four to eight months. The forty acres recently purchased by the MSC is currently being farmed. Projected land uses other than the temporary parking lot are unknown. Land use relationship, compatibility and traffic generation are not issues since the only affected uses are on the MSC for which this parking lot is being constructed. OPPORTUNITIES: Prior Lake has the opportunity to use its zoning power to grant relief to a parking problem that is compromising the safety of motorists and pedestrians using C.R. 83. The early and large amount of snow accumulation this year is going to compound the parking and safety problems along C.R. 83. City staff has worked with the consultant engineer to consider construction issues such as grading, drainage, erosion control and storm water management. The grading permit for this proposal is currently being reviewed by the City Engineer. SUMMARY /RECOMMENDATION This app ication�aesiyn are for a temporary lot which will be removed after the new gaming facility opens. However, if for some reason of unforeseen circumstances, this parking lot is elevated to permanent status then aesthetics must also be a design factor. Appropriate plant material must be added to islands and the parking lot periphery to provide shade, and produce a harmonious and visual relationship with grounds and buildings. Lighting should be pleasant but yet provide security. The recommendation from staff is to approve the variance since it would improve a currently unsafe situation. It is a reasonable deviation of the code and would not be detrimental to the general health and welfare of abutting property owners nor the public at large and is consistent with the spirit and intent of the zoning ordinance. VA2i - � PM# 9dI -CJ I L - Q CETY OF PR LAKE APPLICATION FOR VARIA2r-E Applicant: Shakopee Mdewakan on siQu Cnmo,n;ty Rome Phone: Address: 2330 N W Sioux Trail Prtpr Lake, M 99 Work Phone: Ai9,dds Agno Property Owner: SAME Home Phone: /a Address: SAME Work Phone: Fie /ddt_agno Type of Ownership: Fee x Contract Purchase Agreement Consultant /Contractor: William R. Engelhardt Assoc.. Inc. Phone: hi2id4m -ARZR (Engineer) Existing Use Jim Townsend (Attorney) of Property: Farm land Present Zoning: nc Proposed Use of Property: Parking lot for business enterprises Legal Description of Variance Site: NA. of Sh% of Sec. 28 Township 115N. Range 22 W Variance Requested: Construct a temporary bituminous parking faril;ty fSpe ar9Aached letter). Has the applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it? _Yes __x_ What was requested: n/a When: Disposition: Describe the type of improvements proposed: 1.97 Acre bituminous parking lot detenti pond, seeding, and restoration (Refer to attached grading plan). SUBMISSION REGUIRFMENPS - - (A)Completed application form. (B)Filing fee. (C)Property Survey. (D)Certified from abstract firm, names and addresses of property: owners: within 100 f eet of exterior boundaries -of the subject property. '(E)Completelegal' 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.::. ONLY C@1PLET'E APPLICATIONS S3ALL BE REVIEWED 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 Lak.= Zoning Ordinance which specifies requirements for variance procedures. I agree to prov information and follow the procedures as outlined in the Ordinance) j ." r fi - u, /f Appl - cants Signature Submitted this _day of 19_ l F ers Signature THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRECTOR PLANNING COMMISSION APPF40VED — DENIED DATE OF HEARING CPPY COUNCIL APPEAL _ APPROVED DENIED DATE OF HEARING Signature of the Planning Director Date WILLIAM R. ENGELHARDT ASSOCIATES, INC. %7.ruu / /by fr,liurw,� 1107 HAZELTINE BOULEVARD CHASKA, MINNESOTA 5 5318 16121 448.8838 October 17, 1991 City of Prior Lake, c/o Mr. Horst Graser, Planning Director 4629 Dakota S.E. P.O. Box 359 Prior Lake, MN. 55372 RE: VARIANCE REQUEST FOR SHAKOPEE MDEWAKANTON SIOUX COMMUNITY Dear Mr. Graser: On behalf of the Shakopee Mdewakanton requested a variance for the construc appurtenances on the Northwest Quarter of Section 28, Township 115, Range recently purchased by the Community reservation. Sioux Community, we have ion of a parking lot and of the Southwest Quarter 22. This property was and is adjacent to the This variance and parking lot will reduce a potential health and safety problem. Currently, many customers park their cars along County Road 83 and walk to the bingo hal I and casino.- This scenario causes large pedestrian traffic to combine with vehicular traffic. Our main concern is the safety of our customers, and a solution would be the construction of this parking lot adjacent to the bingo palace. The parking lot will be temporary in nature and will be removed after the new facility is operational. If you have any questions, please contact me at your convenience. Sincerely, WILLIAM R. ENGELHARDT ASSOCIATES, INC. wx�-.1. R William M. Rudnicki VAIR /1as S 112 SEC 28 T 115 R 22 -:LEMPORARY PARKING LOT BINGO PALACE 0 /k PRIfj+ :J U ter 1 .1' F, . "VA18PN" HERITAGE 1891 COMMUNITY 1991 NOTICE OF HEARING FOR VARIANCE APPLICATION 201 You are hereby notified that a hearing will be held by the Planning Commission in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: THURSDAY, NOVEMBER 7, 1991 at 7:30 P.M. PURPOSE OF HEARING: To consider z variance application for the Shakopee Mdewakanton Sioux Community. SUBJECT SITE LOCATION: NW 1/4 of SW 1/4 of Section 28, Prior Lake, Minnesota. Approximately 40 acres of land located directly west of the existing Bingo Palace. REQUESTED ACTION: The applicants have requested a variance from Prior Lake City Zoning Ordinance, Section 3.1 Permitted Uses, to allow construction of a temporary parking lot as proposed on the attached sheets. 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 October 31, 1991 4629 Dakota St. S.E., Prior take, Minnesota 55372 / Ph. (612) 447 -4230 1 Fax (612) 447 -4245 - - -- - - -- - : i i ���'� ... n�a� a y - • - �av �a a aa�r m Iin : r- 1 IFP�F ONE I ! MINIM 1' V4 D -o' H-� fey- 5 5 IP- 4 xld r�a°I� -- Il P'RrY L. UJof.T / lit&H G� ffnct� r - - - -- I I Lt I W� i L.V. 4 - � 2 I r 11 I I� ILLLL I y ow 1f 'LaLJ� C� I UM .ua� DulWa �M a I n N E V Ot p frl HERITAOE COMMUMTY IV"411 _ 1891 1991 2p9i i TO: NONST GpA6aR, CITY PIANNER .: BFJCE ..Y, A59ISTANT CITY E GINEER SUBJECT: ONOSS VARIANCE REQuasT, SIGH. DISTANCE AN ,NIS ONTE: OCTOBER 22, 1991 On the proposed Oevoss bufining request, one of the issu e th Planning Commission meetinga if the prop... d bn ildingste at Me regueOral variances would cause a might distance problem far the to. Want to the v ...I of the pr....ad it.. It v requested £or th englneern department Cu o n whether a sight distance problem v o u result proposed development The writer of this meam has visited OEe site and wed the street as s built drawing a well as the proposed building plan in order to analyze a potential sight di< a c problem. UPOn siting the sit., I observed that the fell way at 161.6 lakes is Avenue slopes d— to the house. Also I ed the[ lash point of the street a x pp lets aroximately 1 o to the east of the existing driveway. At the lot line o the properties 'n gues[i� there e sts electrical transformer box and i on s s lt..red higher inel eve tins than the driveway. A wilful. entering a street free a driveway should be stopped and be at least l0 feet from the pavement edge. The position of the building to be built vhi ch is approximately 20 feat from the pavement ads. should ..1 cause a eight distance far the vehicles entering the street. Attached is a drawing to show that a line of sight at 10 feet back of the street pavement o Me driveway at 16186 lakeside Avenue would be able t0 5 at least 300 feet to the east . tine resident may have a sight distance problem from the driv a way du e e to the fact that the driveway slopes down from the street and that utility boxes electrical transformer a fists at the property line and may hinder the for the dri Also the high point Bf Of, street a lets at 1]O feet to the east and the treat grade slopes downward from the driver's v, thus reducing the distance a driver can see in the easterly direction. o£ the planting. allo.n the site may further reduction of the sight d istance for the resident t fG..6 lakeside Avenue if the plantings are within 30 feet of the treat pavement. I do no[ Eeel tbut the proposed building would not sight distance as the distance used tletermmang the Tin e of sight for a driver should be approximately 10 feet from the edge of pavement and the nearest edge of the building is approximately 20 feet from the edge Of the pavement. 4629 Uakom 5i. 5E. pmm lam. Mmnew:a 56312 , 151612199%4230 he 16121 44) 4245 PR/ OF // k NER]TAGE COMMUNRY 4F /J.':P11 F 1 1 a 1891 1991 zr]g/ L I� s m October 31, 1991 6 M pp Russell OeVOSs ITLille �]]] Oear M[. 6 Mrs. DeVOSS: ruched please find a memorandum from Bruce Loney, Assistant ity ineeq relative to the sight distance analysis required by the Planning Commission at their October 17 1991 meeting. Mr. Loney's fintling¢ conel udI that the sight distance problem is sed by Na slope of M[. Ca[u •¢ driveway, the vertical cu of itle AvenYe and a u[ility ad jarent to the north o£the Caruso driveway. Tl:e proposed lotion of your home has no impact an sight distance from the Caruso driveway. v ill Forward copy of this memorandum to the Planning Commission far their information. I plan no further r - this time and would i a building permit to you upon request est subject to the conditions Of variance M91 -15. Respectfully, Horst W. G a ser Director of Planning CITY OB PRIOR LARE .e:jlp so; Mr. Roy Clay ay Caru¢c 9629 Dakota Sr SE, PYm Lao Mmr — M372 I Pin 1512144] -02A i Fu(612)9 f24h