HomeMy WebLinkAbout1991 October Planning Commission Agenda PacketPR /�jk yER /TAGS COMMUNITY 4�7J,:f
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REGULAR PLANNING COMMISSION MEETING
AGENDA
OCTOBER 3, 1991
7:30 P.M. CALL TO ORDER
7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING
7:30 P.M. HEARING VARIANCE KEITH KOESTER
8:00 P.M. DISCUSSION WADE ALLISG..
* 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 Lake, Minnesota 55372 1 Ph. (612) 447 -4230 / Fax (612) 447 -4245
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HERITAGE
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1991 209/
PLANNING COMMISSION
MINUTES
SEPTEMBER 19, 1991
The September 19, 1991, Planning Commission Meeting was called to
order by Chairman Loftus at 7:30 P.M. Those present were
Commissioners Loftus, Arnold, Kedrowski, Wells, Roseth, Director
of Planning Horst Graser, Assistant City Planner Deb Garross,
Associate Planner Sam Lucast, and Secretary Rita Schewe.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETI
Chairman Loftus noted two typographical errors on page 3,
paragraph 4, to change the word "want to what" and insert the
word "be" between the words would and a.
MOTION BY WELLS, SECOND BY KEDROWSKI TO APPROVE THE MINUTES AS
CORRECTED.
Vote taken signified ayes by Kedrowski, Loftus, Arnold, Wells,
and Roseth. MOTION CARRIED.
ITEM II - BARRY SMITH - SIDEYARD VARIANCE
Barry Smith, 2875 Center Road SW, stated he would like to build a
double detached garage in the front of his residence. Staff had
advised him that an alternate plan should be considered to attach
the garage to the house for aesthetic purposes. Mr. Smith
preferred his original plan because it would be less costly, in
line with the house, and he is intending to build a patio between
the house and garage.
A letter from the Pat Lynch, DNR dated September 16, 1991, was
read into the record stating he had no objections to the variance
from the Shoreland Management prospective but felt the garage
could be located elsewheres thus eliminating the need for a
variance entirely.
Sam Lucast, Associate Planner presented the information as per
the memo of September 19, 1991. The applicant is requesting a
four (4) foot easterly sideyard variance from the ten (10) foot
setback to build a 24 26' detached garage. The subject site is
located in an area containing many lots that are substandard.
The house was granted variances on both sides when constructed.
4629 Dakota St. S.E.. Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245
PLANNING COMMISSION MEETING MINUTES SEPTEMBER 19, 1991 PAGE 2
Greater side and front yard variances have been granted in the
past for front yard garages on substandard lots such as this one.
Also the lack of a garage in this climate constitutes a hardship.
Staffs' concerns are the architectural and aesthetic impact of a
detached garage dominating a small substandard lot and urges the
applicant to consider alternate plans. Recommendation from Staff
is to approve the variance application.
Comments from the Commissioners were on future road improvements,
drainage, size of garage and location.
MOTION BY ROSETH, SECOND BY ARNOLD, TO APPROVE A FOUR (4) FOOT
VARIANCE FROM THE EASTERLY 10 FOOT SIDEYARD SETBACK FOR 2875
CENTER ROAD AS SUBMITTED, RATIONALE BEING THAT HARDSHIP IS CAUSED
BY THE SUBSTANDARD LOT, IS IN KEEPING WITH AREA AND WOULD NOT BE
DETRIMENTAL TO THE HEALTH AND WELFARE TO THE NEIGHBORHOOD.
Public Hearing was called to order at 8:04 P.M. by Chairman
Loftus.
Deb Garross presented the information on four amendments to the
following:
Exhibit 1- Amendment to Prior Lake City Code Section 5- 8 -3(B) and
Prior Lake Zoning Ordinance 83 -6 Section 9.3(B)- Substandard Lots,
Language to clarify the intent of the Ordinance.
Exhibit 2- Amendment to Prior Lake City Code Section 5- 4 -1(C) and
Prior Lake Zoning Ordinance 83 -6 Section 4.1(J) -Lots of Record,
Change language related to Lots of Record.
Exhibit 3- Amendment to Prior Lake City Code Section 5- 4 -1(Ji and
Prior Lake Zoning Ordinance 83 -6 Section 4.1(J)- Setback
Averaging, as there are two similar worded paragraphs,
recommendation is to delete one paragraph and retain the
Shoreland Management paragraph which is much more specific and a
better definition.
Exhibit 4- Amendment to Prior Lake City Code Section 5- 8 -3(E)3 and
Prior Lake Zoning Ordinance 83 -6 Section 9.3(E)3- Construction of
decks, language was inadvertently left in when adopted in 1987,
an amendment is proposed to delete paragraph which is not allowed
by the City of Prior Lake.
Ms. Garross explained in detail on the proposed amendment for
Exhibit #1. When Shoreland Management was adopted the lot size
standards changed to:Lakeshore lots, 15,000 square feet and
non - lakeshore lots 10,000 square feet. DNR did allow Prior Lake
to adopt a substandard lot size as many of the lots were smaller.
The intent of the proposed amendment is to decrease the amount of
building on lakes by combining substandard lots. The
interpretation of the substandard lots regarding common ownership
has been an issue since 1987. This amendment would clarify that
interpretation. DNR will be implementing new regulations in
1993, if the City of Prior Lake does not have an ordinance in
place, the City could be forced to adopt the DNR's regulations
PLANNING COMMISSION MEETING MINUTES SEPTEMBER 19, 1991 PAGE 3
which would be more restrictive than what is proposed at this
time. Other cities contacted have larger lakeshore lots but have
a more restrictive ordinance than Prior Lake.
A recess was called at 8:34 P.M. Public Hearing was reconvened
at 8:40 P.M.
David Brown, Attorney with Jaspers, Moriarty, & Wahlberg, 206
Scott St., Shakopee, MN, Attorney represented Harold Dellwo Jr.
of 4287 Grainwood Circle objected to the proposed amendment as
his client would lose financially. Suggested that the Commission
wait until 1993 to adopt the amendment.
Larry Schommer, 16588 Ramsey Avenue, stated he has three 50 foot
lots and wants to divide into two lots and is in favor of the
amendment.
Jerry Sullivan, 16063 Northwood Road NW, stated he was told when
he bought two lots that both were buildable but according to the
proposed amendment he would no longer be allowed to build on the
second lot.
Discussion followed by the Commissioners on the pros and cons of
the proposed amendment. Census was that a course of action had to
be taken to clarify the amendment.
Kenneth Lillyblad, 16287 Lakeside Avenue SE, had a question on
lots he owns on Pleasant Street.
MOTION BY ARNOLD, SECOND BY ROSETH, TO RECOMMEND TO THE CITY
COUNCIL TO ADOPT THE AMENDED LANGUAGE TO PRIOR LAKE CITY CODE
5- 8 -3(B) AND PRIOR LAKE ZONING ORDINANCE NO. 83 -6 SECTION 9.3(B)
AS OUTLINED IN THE DRAFT MARKED EXHIBIT 1 PRESENTED SEPTEMBER 19,
1991, ALSO RECOMMEND THAT THIS BE IMPLEMENTED JUNE 1, 1992.
Discussion followed on the motion, Chairman Loftus requested that
the City Council be aware of the testimony presented by Jerry
Sullivan in regards to lot frontage facing the road be changed to
50 feet.
Vote taken signified ayes by Arnold, Roseth, Wells, Kedrowski,
and Loftus. MOTION CARRIED.
Due to the late hour and there are two remaining items on the
agenda, a recommendation by Mr. Graser stating that Items 4 & 5
be presented after which the Public hearing could be called back
to order. Recess called at 9:40 P.M. Reconvened at 9:42 P.M.
ITEM 4 - GABRIELE FRANKLIN - HOME OCCUPATION
Gabriele Franklin, 15220 Eagle Creek Avenue, stated she is
requesting a home occupation permit to continue a hobby of beaded
earrings, handmade jewelry and artcraft. The business would be
housed in the former Prior Lake Depot building that was moved
onto their property. The studio would be open approximately two
days per week and the traffic would be held to a minimum. Her
orders now are mail order and by invitation only. Ms. Franklin
PLANNING COMMISSION MEETING MINUTES SEPTEMBER 19, 1991 PAGE 4
outlined the criteria in a home occupation application and feels
that her application meets that criteria.
Sam Lucast presented the information as per memo of September 19,
1991. The location of the proposed business is on a 2 1/2 acre
lot with direct access to County Road 21. This parcel is zoned
A -1 Agricultural but the Prior Lake Comprehensive Plan projected
for this area is R -1 Urban Residential in the 2010 Urban Service
Area. The applicant has addressed the guidelines of the home
occupation competently. The retail aspect of the application is
not consistent with the intent of the Home Occupation. Staff
recommends denial of the retail portion and suggests that
distribution be limited to wholesaling, mailorder and direct
retail for off site locations.
Andrew Franklin, 15220 Eagle Creek Avenue, wished to assure the
Commissioners that traffic would not be a problem and would not
increase retail sales. This would be considered a work shop and
display area.
Comments from the Commissioners were, on days open, traffic on
County Road 21 and retail sales.
MOTION BY WELLS, SECOND BY KEDROWSKI, TO APPROVE A HOME
OCCUPATION APPLICATION FOR 15220 EAGLE CREEK AVENUE THE
MANUFACTURING AND LIMITED RETAIL SUBJECT TO THE FOLLOWING
CONDITIONS:
1. THE HOME OCCUPATION PERMIT IS GRANTED IN PART, BECAUSE THE
PROPERTY IS LARGE, CONSISTENTLY OF APPROXIMATELY 2 ACRES AND
IS WELL SCREENED FROM ADJACENT PROPERTIES.
2. THE OLD "DEPOT" BUILDING IS AN ACCESSORY STRUCTURE ON THE
PROPERTY WHICH WILL HOUSE THE HOME OCCUPATION AND SERVE AS AN
ART STUDIO.
3. EMPLOYEES WILL BE LIMITED TO GABRIELLE AND ANDREW FRANKLIN.
4. ONE, TWO SQUARE FOOT SIGN INDICATING THE HOME OCCUPATION WILL
BE PLACED ON THE PROPERTY COMPLIANT WITH THE SIGN ORDINANCE.
5. ARTWORK, EARRINGS, AND WOOD CARVINGS WILL BE MADE ON -SITE AND
SOLD ON -SITE BY THE APPLICANT.
6. THE HOME OCCUPATION WILL BE OPEN A MAXIMUM OF TWO WEEK DAYS
DURING THE HOURS OF 9:00 A.M. TO 3:00 P.M. AND WILL NOT BE
OPEN DURING MORNING AND EVENING RUSH HOUR. THE HOME
OCCUPATION WILL BE OPEN ON WEEKENDS FOR LIMITED HOURS. THE
APPLICANT ANTICIPATES A MAXIMUM OF 20 HOURS PER WEEK FOR THE
STUDIO TO BE OPEN TO THE PUBLIC.
7. PARKING FOR 4 CARS IS PROVIDED ON -SITE WITH A TURN- AROUND
TYPE DRIVEWAY. NO OFF STREET PARKING WILL BE PERMITTED.
8. THE SUPPLIES FOR THE HOME OCCUPATION WILL BE PICKED UP BY THE
APPLICANT WITH LIMITED SPORADIC UPS DELIVERIES.
PLANNING COMMISSION MEETING MINUTES SEPTEMBER 19, 1991 PAGE 5
9. THE APPLICANTS VIEW THE OPERATION AS AN ARTISTIC, NOT A
RETAIL OPERATION. AS SUCH, IF PROBLEMS ARISE THAT COMPROMISE
THE RESIDENTIAL CHARACTER OF THE NEIGHBOR-HOOD DUE TO THE
OCCUPATION, THE APPLICANTS AGREE TO DISCONTINUE SALES TO THE
GENERAL PUBLIC AND WILL DISTRIBUTE WORKS THROUGH MAIL ORDER
ON A PRIVATE INVITATION ONLY.
10. THE HOME OCCUPATION WILL BE REVIEWED ON AN ANNUAL BASIS ON
CITY STAFF. IF PROBLEMS ARISE OR COMPLAINTS REGARDING THE
OCCUPATION ARE RECEIVED, THE APPLICANT WILL NEED TO APPEAR
BEFORE THE PLANNING COMMISSION FOR FORMAL REVIEW OF THE HOME
OCCUPATION PERMIT.
Vote taken signified ayes by Wells, Kedrowski, Arnold, Loftus and
Roseth. MOTION CARRIED.
ITEM 5 - WADE ALLISON - DISCUSSION ON PREVIOUS VARIANCE
Horst Graser presented information to the Commissioners regarding
a variance granted to Wade Allison of 4330 Dakota Street. Mr.
Allison felt he did not have time to object to a condition put
into the motion of removing the driveway. He would now like to
poll the Commissioners and if his application would be
reconsidered to amend his variance as he now wishes to retain the
driveway.
Comments from the Commissioners were to table the request to give
them time to look at the property.
MOTION BY LOFTUS, SECOND BY ROSETH, TO TABLE THIS ITEM TO THE
NEXT MEETING TO BE HELD OCTOBER 3, 1991.
Vote taken signified ayes by Loftus, Roseth, Arnold, Kedrowski
and Wells. MOTION CARRIED.
PUBLIC HEARING RECALLED TO ORDER AT 10:25 P.M.
Deb Garross presented outlined the information on Exhibit 2.
Kenneth Lillyblad, 16287 Lakeside Avenue, had a question on a lot
he owns.
MOTION BY ARNOLD, SECOND BY ROSETH, TO RECOMMEND TO CITY COUNCIL
TO ADOPT APPROVAL OF THE AMENDED LANGUAGE TO PRIOR LAKE CITY CODE
5- 4 -1(C) AND ZONING ORDINANCE NO.83 -6 SECTION 4.1(C) AS OUTLINED
IN THE DRAFT EXHIBIT 2 AS PRESENTED SEPTEMBER 19, 1991.
Vote taken signified ayes by Arnold, Roseth, Wells, and Loftus.
MOTION CARRIED. Commissioner Kedrowski was not present at the
time of the motion.
Deb Garross outlined the information on Exhibit 3; Averaging
Setbacks.
MOTION BY ROSETH, SECOND BY KEDROWSKI, TO RECOMMEND TO CITY
COUNCIL TO APPROVE THE AMENDMENT TO DELETE PRIOR LAKE CITY CODE
SECTION 5- 4 -1(J) AND PRIOR LAKE ZONING ORDINANCE NO. 83 -6 SECTION
4.1(J) AS OUTLINED IN EXHIBIT 3 AS PRESENTED SEPTEMBER 19, 1991.
PLANNING COMMISSION MEETING MINUTES SEPTEMBER 19, 1991 PAGE 6
Vote taken signified ayes by Roseth, Kedrowski, Wells, Arnold,
and Arnold. MOTION CARRIED.
Deb Garross outlined the information on Exhibit 4; Deck
constructed in Shoreland District.
MOTION BY KEDROWSKI, SECOND BY ARNOLD, TO RECOMMEND TO CITY
COUNCIL TO APPROVE THE AMENDMENT TO DELETE PRIOR LAKE CITY CODE
SECTION 5- 8 -3(E)3 AND PRIOR LAKE ZONING ORDINANCE NO.83 -6 SECTION
9.3(E)3 AS OUTLINED IN EXHIBIT 4 PRESENTED SEPTEMBER 19, 1991.
Vote taken signified ayes by Kedrowski, Arnold, Roseth, Wells,
and Loftus. MOTION CARRIED.
MOTION BY ROSETH, SECOND BY ARNOLD, TO CLOSE PUBLIC HEARING.
Vote taken signified ayes by Roseth, Arnold, Wells, Loftus and
Kedrowski. MOTION CARRIED. Public Hearii,g closed at 10:35 P.M.
Information on the Council Workshop for October 9 was given to
the Commissioners by Mr. Graser.
MOTION BY ARNOLD, SECOND BY KEDROWSKI, TO ADJOURN MEETING.
Meeting adjourned at 10:40 P.M. Tapes of meeting on file at City
Hall.
Horst Graser Rita M. Schewe
Director of Planning Recording Secretary
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HERITAGE
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COMMUNITY ' wJ!V, A"
1991 209/
PLANNING REPORT
SUBJECT: LAKESHORE AND SIDEYARD VARIANCES
APPLICANT: KEITH P. KOESTER
SITE ADDRESS: 16158 LAKESIDE AVENUE S.E.
PRESENTER: HORST GRASER
PUBLIC HEARING:_YES X NO
DATE:
SITE ANALYSIS
HISTORY /BACKGROUND
The Planning Department has received a variance application for a
deck on the lakeside of an existing home on Lot 37 Lakeside Park.
The variances needed to construct the deck are a 44 foot
lakeshore variance, a 2.5 foot east side yard variance and a
3.5 foot west side yard variance. The variances requested on the
application are not consistent with the actual measurements
taken from the attached survey. This application is being
processed in accordance to actual field conditions taken from the
attached survey. The applicant has removed an existing deck and
reconstructed the same size deck without a building permit. Once
a legal non - conforming structure in removed, all future
structures must be conforming. Specifically the proposal entails
the construction of a 12 X 28 foot deck with approaches.
PREVIOUS PROPOSALS:
The age of the home is unknown to Staff. Prior Lake issued a
remodeling permit in 1974 and a permit to construct a garage in
1988. There is no record of any variances.
PHYSIOGRAPHY
Lot 37, Lakeside Park, is a pie shaped substandard lakeshore lot
platted in the 1920's. It measures 86 feet at the road and 36
feet at the ordinary high water elevation. Approximately 50 feet
of relief from Lakeside Avenue to the lake results in unique and
expensive construciton methods. Retaining walls and terracing
are methods used to control erosion and provide planting
opportunities. Significant and mature overstory on this and
other area lakeshore lots also contribute to the stability of the
lakeshore common to all of Lakeside Park.
ADJACENT USES
Both adjacent lots are developed with single family homes and of
4629 Dakota St. S.E., Prior Cake, Minnesota 55372 / Ph. (612) 447 -4230 1 Fax (612) 447 -4245
similar size and topography. The home adjacent to the west was
built in 1983 with a 20 foot front yard variance and a 4 foot
side yard variance from the subject common property line. In
contrast to the subject, this home was built at street grade.
The home to the east was built in 1977 and located halfway
between the lake and road elevation.
NEIGHBORHOOD ISSUES /IMPACT /CONCERNS
The deck is the only level open space adjacent to the rear of the
home. It is essential in the full enjoyment of lake living. The
impact to both adjacent neighbors is extremely limited due to
their considerable higher elevation, their location to the rear
of the subject site and the existing dense overstory which
obstructs the view.
This deck is what a back yard is to most other homes. To limit
the size of the deck would greatly diminish the open space
activities and enjoyment of this home and its unusual setting.
RECOMMENDATION•
Approve the request as specified by Staff. Since the deck is not
being enlarged, does not interfere with private space of
adjoining uses and is not detrimental to the general health and
welfare of the community.
VAL
PITH
Type of Ownership: Fee Contract Purchase Agreement
Consultant /Contractor 5 /1' Phone:
Existing Use
of Property: A•srOl�rt&L. Present Zoning: <s.O�rji«L
Proposed Use
of Property:
Legal Description
of variance Site: [:o{' 0 7 L,e6G3r0c E0 k Sca Tl G
Variance Requested: 6 //pR[ANL eu ,tio('h srrfF3'�` YS �GeEBirOE �yl•c-�Yc
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 4 No
What was rgquested: <' adsir Scato x.c_k
the tvce of improvements Prpposep: LJe l
aWISSION REOUIRFMENPS
(A)Co 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 b
Property Identification Number (PID) . (F)Deed restrictions or private covenants, if
applicable. (G)A parcel nap at 1"- 20' -50' showing: The site developnent plan,
buildings. parking, loading, access, surface drainage, landscaping and utility
service.
ONLY COMPLETE APPLICATIONS SHALL BE REVIFWID 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 Zoni:g Ordinance w ich specifies
requirements for variance procedures. I agree to prom de_Wormation_WM follow the
procedures as outlined in the Ordinance.
cantsf Si ure
Submitted this I0 day of 3 19�
Fee Owners Signature
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRECTOR
PLANNING COtMIISSION _ APPROM _ DENIM DATE OF HEARING
CITY COUNCIL APPEAL _ APPROVED DENIED DATE OF HEARING
CONDITIONS•
Signature of the Planning Director Date
SURVEY FOR VARIANCE
PREPARED FOR-
KEITH KOESTER
16156 LAKESIDE WE
MIOR LAKE, M,. 55312
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Volley Engineering Co.. Inc
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FRANKLIN rRAIL OFFICE CONDOMINIIK•
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.NONE NO. 772 -7910 FILE NO
September 30, 1991
Ms. Deb Garross
City of Prior Lake
4629 Dakota Street S.F.
Prior Lake, Minnesota 55372
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RE: Koester Variance, Prior Lake (70 -72)
Dear Ms. Garross:
I have reviewed the materials you sent regarding the subject
request for variance. The drawings do not indicate the dimensions
of the proposed deck, or whether the proposed deck is larger,
smaller, or the same as the old deck to be removed.
I do not have any objection to replacing a deck at the same
location with a deck no larger than the existing one.
Thanks for sending the materials. Please call me if you want to
discuss in further detail.
Si erely,
P trick J. Lyh
Area Hydrologist
PJL4001 /CL
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AN EQUAL OPPORTUNITY EMPLOYER
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HERITAGE
1891
COMMUNITY
401
REGULAR PLANNING COMMISSION MEETING
AGENDA
OCTOBER 17, 1991
7:30 P.M.
7:30 P.M.
7:30 P.M.
V -\• . ;o
REVIEW MINUTES OF PREVIOUS MEETING
BEARING VARIANCES - FRONT, LAKESHORE, TOM KEAFOM
SIDEWM & LOT COVERAGE
7:45 P.M. HEARING
* Indicates a Public Bearing
VARIANCES - FRONT, LAKESHORE, RUSSELL DE.'VO.S
SIDEYARD, & LOS CCNEPAGE
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.. Prier lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245
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HERI PAGE
1891
COMMUNITY
1991
PLANNING COMMISSION
MINUTES
OCTOBER 3, 1991
9 ✓1. ":f� 1
-90
The October 3, 1991, Planning Commission Meeting was called to
order by Chairman Loftus at 7:30 P.M. Those present were
Commissioners Loftus, Arnold, Kedrowski, Roseth, Director of
Planning Horst Graser, and Secretary Rita Schewe.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
Chairman Loftus suggested a change on page 3, paragraph 6, the
word "census" be changed to "The consensus ".
MOTION BY KEDROWSKI, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS
AMENDED.
Vote taken signified ayes by Kedrowski, Loftus, Arnold, and
Roseth. MOTION CARRIED.
ITEM II - KEITH KOESTFR - LAKESHORE AND SIDEYARD VARIANCES
Keith Koester, 16158 Lakeside Avenue S.E., stated he removed an
old and unsafe deck. Upon constructing a new deck, he was
informed by the Building Inspector that he would need a building
permit and variance. He did not change the dimensions of the
deck from the previous construction. He is now requesting the
variances to return the structure to a legal non - conforming
status.
Horst Graser presented the information as per memo of October 3,
1991. The applicant is requesting a 44 foot lakeshore variance,
a 2.5 foot east side yard variance, and a 3.5 foot west side yard
variance for a 12 X 28 foot deck he had constructed. Once a
legal non - conforming structure is removed, all future structures
must be conforming. The subject site is a pie shaped
substandard lakeshore lot platted in the 1920 The deck is the
only level open space adjacent to the rear of the house and is
essential to the full enjoyment of lake living. Staff recommends
approval of the variances as specified since the deck was not
enlarged, does not interfere with private space of adjoining uses
and is not detrimental to the general health and welfare of the
community.
Comments from the Commissioners were on deck size, topographical
area, and an existing condition.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
PLANNING COMMISSION MEETING MINUTES OCTOBER 3, 1991 PAGE 2
MOTION BY ARNOLD, SECOND BY KEDROWSKI, TO APPROVE A 2.5 FOOT EAST
SIDE YARD VARIANCE, A 3.5 FOOT WEST SIDE YARD VARIANCE, AND A 44
FOOT LAKESHORE VARIANCE FOR 16158 LAKESIDE AVENUE S.E. RATIONALE
BEING THAT THE TOPOGRAPHY OF THE LAND NECESSITATES A DECK, WILL
NOT INTERFERE WITH THE PRIVATE SPACE OF ADJOINING AREAS AND IS
NOT DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD.
Vote taken signified ayes by Arnold, Kedrowski, Roseth and
Loftus. MOTION CARRIED.
ITEM III - WADE ALLISON - DISCUSSION
Mr. Graser recapped Item III that had been tabled from the last
meeting. The reason Mr. Allison is asking for this discussion
is that at the time he received the variance to construct a
garage in 1989, he didn't realize that one of the conditions was
to remove the old driveway. He now wants to poll the
Commissioners to see if they would rescind this condition if he
would apply for an amendment to the motion.
Comments from the Commissioners were on; precedent set if motion
is rescinded, possible objections by neighbors, drainage
problems, profuse amount of items accumulating in yard, and
possible alternatives explored. Final consensus was that if the
applicant wishes to apply for an amendment to the original
variance, he may do so with the understanding that the neighbors
will be notified and the decision may stay as recorded. Chairman
Loftus suggested to Mr. Allison that he submit pictures with his
application if he chooses to apply.
Mr. Graser updated the Commissioners on the Comprehensive Plan
progress, upcoming Council Workshop, and topics of discussion for
the Planning Commission Retreat. The Commissioners suggested the
first weekend in February should be considered and possible
speakers be Planners from Shakopee, Savage, and Mdewakanton Sioux
Community.
MOTION BY KEDROWSKI, SECOND BY ARNOLD, TO ADJOURN MEETING.
Vote taken signified ayes by Kedrowski, Arnold, Roseth and
Loftus. MOTION CARRIED.
Meeting adjourned at 8:30 P.M. Tape of meeting on file at City
Hall.
Horst Graser Rita M. Schewe
Director of Planning Recording Secretary
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1891 1991 2991
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"VA17PR"
PLANNING REPORT
SUBJECT: VARIANCE
APPLICANT: THOMAS KEARNEY
SITE ADDRESS: 6424 CONROY STREET
PRESENTER: SAM LUCAST, ASSOCIATE CITY PLANNER
PUBLIC HEARING: YES X NO
DATE: OCTOBER 1T,
SITE ANALYSIS
HISTORY /BACKGROUND:
The P1ing Department received a variance application from
Thomas Kearney of 9090 McColl Drive, Savage. Mr Kearney proposes
to remove the existing cabin and deck to construct a single
family dwelling with attached garage. See attached survey for
details. The applicant requests the Planning Commission grant a
four (4) percent maximum lot coverage variance, a one and one
half (1.5) foot front yard variance, a two and one half (2.5)
foot east side yard variance, and a forty -five and seven tenths
(45.7) foot Lakeshore variance to allow the construction of the
dwelling as proposed. The requested east side yard and Lakeshore
variances are less the existing setbacks.
PREVIOUS PROPOSALS:
In 1985 an A ministrative Lot Split added one half of lot 48 to
the subject site.
PHYSIOGRAPHY•
The area was platted in the 1920's and consists of extremely
small lots. Conroy Street is a twenty three (23) foot wide gravel
road which provides access to the Lakeshore property. The
subject site occupies one and one half (1.5) lots and contains
just 5573 square feet of area according to the submitted survey.
The lot is just over ninety (90) feet deep and seventy four (74
feet wide at the widest {point adjacent to the platted driveway.
Homes in the area use retaining walls to accommodate construction
in close proximity to the Lakeshore.
ADJACENT USES:
The adjacent uses are fully developed with single family
dwellings and older cabins. The property to the north across
Conroy Street contains a wetland and is not developed. The lots
in Conroy's Bay are considered substandard by current Zoning
code requirements. Current setback requirements would render
the subject site non - buildable because of the shallow lot depth.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
DEVELOPMENT SUMMARY:
T e su 7ec site consists of 5573 square feet zoned R -1 SD, Urban
Residential Shoreland District. The Lakeshore setback
requirement is seventy five (75) feet, side yards ten (10) feet,
and the front yard setback is twenty five (25) feet. The
maximum allowable coverage is thirty (30) percent within the
Shoreland District. The applicant is requesting approval of a
four (4) percent coverage variance, 45.7 foot Lakeshore setback
variance, a one and one half (1.5) foot front yard variance, and
a two and one half (2.5) foot east side yard variance. The
applicant plans to demolish the existing cabin and build a single
family dwelling with an attached tuck under garage. The
requested variances on the east side yard and Lakeshore are less
than the existing setbacks.
RECOMMENDATION:
The a reco�tion from staff is to approve the requested
variances. Verbal comment from Pat Lynch, Minnesota Department
of Natural Resources, is in favor of granting the variance. The
proposed structure location is farther from the Lakeshore and
side yards than the existing structure.
The hardship in this case is not caused by the applicant, but
rather the result of higher City standards for lakeshore
development. The cabin was constructed under the jurisdiction of
either Glendale Township or Scott County during the 1940's. The
property has been assessed for sewer and water service. If the
current Zoning Codes were applied there would not be a building
envelope available. The applicant purchased one half of the
westerly lot to increase the size of the subject site. The
development pattern in this neighborhood has been established, as
is being requested in this application, at similar setback
distances. The variance as requested is not detrimental to the
health, safety, and welfare of the community and would observe
the spirit and intent of the Ordinance.
Vk --L7-
PIDt )3-174ou -o
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Phone: ± A 3 SO
Phone: c1VSS -000y
Phone: YYr Rei'O
Phone: Yvr 000
Type of Ownership: F
Consultant /Contractor
Existing Use
of Property: 56) 30mviH' U°+s:'^) Present Zoning: Q-1
Proposed Use
of Property: SlAiKe h+*" w scow E
Legal Description
of Variance Site: L•21 49 AWO Swr wqoc "F car 4 /6 cotitavr B.i� (Lo . mi. Men
Variance
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 -2c-
What was requested:
When. — — Disposition* —
Describe the type of improvements proposed: Sugo w Mgt! xl. &z ftftw..,.+ avnw.E
SIBMISSICN RBOVIREMENTS
(A)Campleted application form. (Wiling fee (C)Certified from abstract firm, names
and addresses of property owners within 100 feet of the exterior boundaries of the
subject property. (D)Complete legal description 6 Property Identification Nomber
p / (PID) . (E)Deed restrictions or private covenants, if applicable. MA parcel nap
V at 1 " -20' -50 shaving: The site development plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING COMMISSION.
To the best of nH 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. ./ .s... &
Applicants Signature
Submitted this day of 19_ 71�� �
Fee (( Owners Signature
THIS SPACE IS TO BE FILLED OVT BY THE PLANNING DIRECTOR
PLANNING C"USSION _ APPROVED _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPROVED _ DENIED DATE OF HEMaNG
ODNDITIONS• . . 1. _
Signature of the Planning Director Date
SK[TCN PREPARED MR
T.M. KEARNEY CONST. Valley Surveying CO.. P.A.
9090 MCCOLL 0OWE SLIME 120.0 C 16670 FRANKLIN TRAIL
SAVAGE, NN SS370 FRANKLIN TRAIL OFFICE CONDOMINIOM
PRIOR LAKE, MINNESOTA 55372
TELEPHONE (612) MT -25T0
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"VA17PN"
HERITAGE
1891
COMMUNITY 9�11WV 1
1991 2091
NOTICE OF HEARING
FOR
VARIANCES
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 OCTOBER 17, 1991 AT 7:30 P.M.
PURPOSE OF HEARING:
To consider a variance application
for Thomas Kearney of 9090 McColl
Drive, Savage.
SUBJECT SITE LOCATION: Lot 49 and the East half of Lot 48
Conroy's Bay
REQUESTED ACTION:
The applicant proposes to demolish
an existing cabin and build a single
family dwelling with an attached
garage as per the attached survey.
The applicant is requesting the
Planning Commission grant a four
(4) percent lot coverage variance, a
one and one half (1.5) foot front
yard variance, a two and one half
(2.5) foot east side yard variance,
and a forty -five and seven tenths
(45.7) foot shoreland variance to
allow the construction of the
dwelling as proposed. The requested
shoreland and side yard variances
encroach less than the existing
setbacks.
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 Planninq Commission. For more information, contact the
Prior Lake Planning
Department at 447 -4230.
Prior Lake Planning Commission
DATE MAILED: October 11, 1991
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612( 447 -4230 / Fax(612)447-4245
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HERITAGE
1891
COMMUNITY 4,'7J;90. A "
1991 2091
"VA15PC"
PLANNING REPORT
SUBJECT: VARIANCES
APPLICANT: RUSSELL & SHEILA DEVOS
SITE ADDRESS: 16176 LAKESIDE AVE
PRESENTER: SAM LUCAST
PUBLIC HEARING: YES X NO
DATE: OCTOBER 1T,
HISTORY BACKGROUND:
The Planning Department received an application for four (4)
variances from Russell and Sheila DeVos of 12825 Apple View Lane,
Burnsville. The application is for a nine (9) percent lot
coverage ratio, a five (5) foot west side yard variance, a
fifteen (15) foot lakeshore variance, and a twelve (12) foot
front yard variance, to construct a single family dwelling.
PREVIOUS PROPOSALS:
There have been no previous proposals on this site.
PHYSIOGRAPHY•
The suli7ect site is located in an area platted in the 1920's
containing many lots which are now substandard. The lot contains
6929 square feet per the applicants survey, which makes it a
substandard lot. It is approximately 56 feet wide and 130 feet
deep.
The lot is adjacent to Prior Lake. It slopes toward the lake
and the average grade is thirty (30) percent as measured from
end to end. The steepest portion of the lot where the house
will be situated has a grade of approximately forty (40)
percent and is a difficult lot to develop.
The lot also has significant trees, several of which will be lost
in the construction of the dwelling. An oak tree of
approximately twenty four (24) inches in diameter will be taken
down. In addition, a large stand of basswood and numerous ten to
twelve (10 to 12) inch trees will be lost. The applicant
proposes to keep the remainder of the lot in a natural state
after the home is constructed. (See Grading Requirements on
Grading Plan)
The steep slope already shows signs of erosion from foot traffic
using the lot for lake access. Building a house only increases
the drainage problem and runoff must be carefully controlled.
Pat Lynch, Minnesota Department of Natural Resources, reviewed
4629 Dakota St. S.E., Prior lake. Minnesota 55372 / Ph. (612) 447 -4230 1 Fax (612) 4474245
the previously submitted plans and was not in favor of the
variance. However, the application was resubmitted after a
meeting with the applicant and designer, at which staff outlined
problem areas. Preliminary indications are that he is now in
favor of the application because of the issues addressed after
the meeting.
ADJACENT USES
The lot is a jacent to a single family home to the west and a
vacant lot to the east. The house was constructed without
variances in 1988 and on a similar grade. The driveway of this
home is below street grade.
The vacant lot also has slopes similar to the subject site with
significant trees. A concrete stairway was constructed on the
steepest portion of the lot to ease access to the lake. Wooden
steps near the lake allow access down to the beach.
Two lots east of the subject site is a single family dwelling
built in 1983 with a twenty (20) foot front yard variance and a
four (4) foot east side yard variance.
DEVELOPMENT SUMMARY:
Exist nq eve opmen includes several new homes in the immediate
area. Access and drainage are important considerations for the
sites due to the slope of both the lot and Lakeside Avenue. The
top of the Lakeside Avenue hill begins just east of the subject
site and descends all the way to Pleasant Street. The subject
site driveway provides room to exit the garage and pull out onto
the street. This allows safer egress for the applicant and does
not present a safety hazard to other motorists.
There should be no erosion from drainage after construction. The
house has gutters on all sides which feed into a six (6) inch
underground pipe that daylights close to the 904 ' elevation.
The driveway drains into an eight (8) foot wide grate before
entering the pipe. Rip rap at daylight prevents erosion at the
904.
RECOMMENDATIONS.
Staff recommen s approval of all requested variances. The lot is
difficult to work with, and the applicant and their
representatives worked closely with staff to mitigate our
concerns.
Erosion control and vegetation removal during construction are
legitimate concerns. The Planning Commission may want to place
conditions on erosion control or replanting during and after the
project.
PIDi a S O
CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
A 8sc -s'
Type of Ownership:
Consultant /Contractc
Existing Use
Of Property: Vaaan f l e'F Present Zoning:
Proposed Use
Of Property: F.o.n, /., 7 �e / /.nc
Legal Description I
of Variance Site: 1,2:6 .3Y and L c A4 S Fre4 ,o J°f air a,le %,de, Q"k r �'` red 64 nit
�r /S'
Variance Requested: S Z C- }Q ' S I W4 a.•_ -G
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
What was requested: —��
When: Disposition:
Describe the type of improvements
SUBMISSION RED[IIREMENTS
(A)Completed application form. (B)Filing fee. (C)Property Survey. (D)Certified fran
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 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 Lake Zoning Ordinance which specifies
requirements for variance procedures. I agre�to provide rmation and follow the
procedures as outlined in the Ordinance. ( ) / 1'X
Applicants Signatur
Submitted this day of 19j( �
MM )4 !L(hli 7 i� i)
PLANNING COMMISSION _ APPROVED ® DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPROVED _ DENIED DATE OF HEARING
CONDITIONS:
Signature of the Planning Director Date
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"VA15PN"
HERITAGE
1891
COMMUNITY
1991
NOTICE OF HEARING
FOR
VARIANCE
VXJ90'h"
2oy>
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 OCTOBER 17, 1991 at 7:45 P.M.
PURPOSE OF HEARING: To consider a variance application
for Russell and Sheila DeVos of
12825 Appleview Road, Burnsville.
SUBJECT SITE LOCATION: Lot 34 and the east five (5) feet
of lot 33 Lakeside Park.
REQUESTED ACTION: The applicant proposes to build a
single family dwelling as per the
attached survey. The applicant
requests the Planning Commission to
grant a nine (9) percent lot
coverage, a five (5) foot west side,
a fifteen (15) foot shoreland, and a
twelve (12) foot front yard
variance to build the structure.
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: October 11, 1991
4629 Dakota St. S.E, Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245
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