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AUGUST 2, 1990
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REVIEW MINUTES OF PREVIOUS MEETING
PUBLIC HEARING FLOOD PLAIN ORDINANCE STAFF
PUBLIC REARING PRIOVAVW PHASE 3A JOE RNOBLACH
PFMIMINAR t PLAT
AMENDMENT
* Indicates a Public Hearing
All times stated on the Planning Commission Agenda, with the exception of Public
Hearings, are approximate and may start a few minutes later than scheduled.
4629 Dakota St. S.E., Prior Cake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245
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HERITAGE
1891
COMMUNITY 1py'50_ t'
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PLANNING COMMISSION
MINUTES
July 19, 1990
The July 19, 1990 Planning Commission Meeting was called t order
by Chairman Kedrowski at 7:30 p. m were
Commissioners, Loftus, Arnold, Kedrowski, Roseth, Director of
Planning Graser, Assistant Planner Garross and Secretary Birch.
Commissioner Wells was absent.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY ARNOLD, SECOND BY ROSETH TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Arnold, Loftus, Kedrowski and
Roseth. MOTION CARRIED.
ITEM II - DUANE SIBBET SIDE YARD VARIANCE - STEVE HESS
Duane Sibbet presented a request for consideration by the
Commissioners to grant a two foot side yard variance for a new
structure at 3834 Green Heights Trail S.W. Associate Planner
Hess presented a map of the area and discussed requirements in
accordance with the Comprehensive Plan and Zoning Ordinance.
Staff recommended that applicant replace two trees which had been
damaged by construction. Discussion followed regarding tree
size, averaging ratio, square footage minimum for a substandard
lot and location of fireplace. The Commissioners concurred that
the structure will be an improvement to the neighborhood.
MOTION BY LOFTUS, SECONDED BY ARNOLD THAT THE TWO FOOT VARIANCE
ON THE EAST SIDE OF THE SUBJECT PROPERTY AT 3834 GREEN HEIGHTS
TRAIL S.W. BE APPROVED WITH THE STIPULATION THAT TWO 2.5" CALIBER
TREES BE PLANTED ON THE SITE. THE RATIONAL OF THIS IS THAT THE
IAT IS SUBSTANDARD AND HAS A LIMITED BUILDING ENVELOPE. ADJACENT
STRUCTURES ARE AT VARIANCE AND THE PROPOSED SINGLE FAMILY HOME
WILL BE AT LESS VARIANCE THAN THE EXISTING CABIN, WHICH WILL
IMPROVE THE VARIANCE SITUATION ON THIS LOT; STRUCTURE IS
COISTENT WITH BE DETRIMENTAL T TO CHARAC GENERAL T H E HEALTH AND OO WEL LF WO FAREOF THE
COMMUNITY.
Vote taken signified ayes by Loftus, Arnold, Kedrowski and
Roseth. MOTION CARRIED.
Mr. Graser summarized the priorities for long and short range
implementation objectives as recommended by the Commissioners on
July 5, 1990. Discussion occurred by the Commissioners regarding
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 1 Fax (612) 447 -4245
PLANNING COMMISSION MEETING MINUTES JULY 19, 1990 PAGE 2
both short term and long term recommendations. Item M 7 short
term recommendation: Make the osition of the Economic
Develo M% Director u mc. Consensus o e Commissioners
was a e wording e c anged to: the Plannin Commission
foresees the position of Economic Deve opment D rector evo ving
inT time position in e u ure, based on the anticipate
growth o e city. It em 5 Ong term recommendations:
Terminate the Agriculture Preserve for the entire Vierlin farm.
Recommen a ions were scusse n eng w regar to t e
Vierling property and its status as an Agricultural Preserve.
The date of Tuesday, July 24, 1990 at 6:30 p.m. was set for the
joint Planning Commission /Economic Development Committee meeting
to be held at City Hall in the Council Chambers. (Chuck Arnold
will be out of town on this date.)
ITEM IV - PRESENT FLOOD PLAIN ORDINANCE - DEB GARROSS
Ms. Garross stated that the proposed changes to the Flood Plain
Ordinance had been distributed for the purpose of reviewing for
comment, changes and revisions at a later Commission meeting.
Ms. Garross summarized the requirements for adoption of an
ordinance to comply with federal standards which would be
acceptable to the City and to the DNR. Commissioner Kedrowski
requested a copy of the current Flood Plain ordinance for the
purpose of seeing the difference between the two ordinances, and
a map of the city highlighting the areas within the Flood Plain.
There being no further business the meeting adjourned at 8:25
p.m. Tapes of the meeting are on file at City Hall. The next
Planning Commission Meeting will be held at 7:30 p.m. on
Thursday, August 2, 1990.
MOTION BY ROSETH, SECONDED BY LOFTUS TO ADJOURN THE MEETING.
Vote taken signified ayes by Arnold, Roseth, Kedrowski and
Loftus. MOTION CARRIED.
Horst Graser Dee Birch
Director of Planning Recording Secretary
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HERITAGE
1891
COMMUNITY 4- U.5VA
1991 2091
PLANNING REPORT
ITEM: PUBLIC HEARING - FLOOD PLAIN MANAGEMENT
ORDINANCE
PRESENTER: DEB GARROSS, ASSISTANT CITY PLANNER
DATE: AUGUST 2, 1990
Attached find Draft 7 of the proposed Prior Lake Flood Plain
Ordinance 90 -04 dated July 30, 1990. The draft is substantially
like the draft that was distributed to the Planning Commission on
July 19, 1990. City Attorney, Glenn Kessel has recommended minor
wording changes which have been incorporated into this draft.
Staff will make a presentation to the Planning Commission and
have transparencies of each page available at the Public Hearing.
The attached Flood Insurance Rate Map is the map referenced in
the Ordinance in order to identify the Flood Plain Management
Districts.
RECOMMENDATION:
The recommendation from staff is to approve the Flood Plain
Management Ordinance as presented or with changes recommended by
the Planning Commission.
4629 Dakota St. S.E., Prior fake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
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NOTICE OF PUBLIC HEARING
TO REVISE THE PRIOR LAKE FLOOD PLAIN ORDINANCE
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 2, 1990 at 8:00 p.m.
The purpose of the hearing is to consider proposed amendments to
the Prior Lake Flood Plain Ordinance. The existing Flood Plain
Ordinance has been in effect since September 5, 1978. The City
of Prior Lake participates in a Federal program known as The
National Flood Insurance Program. This program allows property
owners to purchase federally backed flood insurance to protect
themselves from future flood losses.
In return for this insurance protection, Prior Lake enforces
flood plain management measures to reduce flood risks to homes
and new development. The Flood Plain Ordinance affects the Lakes
of Upper and Lower Prior Lakes, Spring Lake and Pike Lake. The
City of Prior Lake has been contacted by the Department of
Natural Resources and advised that the current ordinance must be
updated in order to continue participation with the NFIP
Program.
The primary changes from the existing to the proposed Flood Plain
Management Ordinance include the addition of several definitions;
new provisions regulating the placement of travel trailers and
travel vehicles within the flood plain; changes to height
requirements for agricultural levees; storage requirements for
materials within the floodway; and flood proofing standards for
accessory structures.
A copy of the existing and proposed Flood Plain Ordinances are on
file with the Prior Lake Planning Department and are available
for review and or purchase from City Hall. You may obtain a copy
of either ordinance or find out more about Flood Plain
Management by contacting Deb Garross or Horst Graser at 447 -4230.
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.
W)tz"J�
Deb Garross
Assistant City Planner
To be published in the Prior Lake American on Thursday, July 23 and
July 30, 1990.
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447.4245
DRAFT: 7
DATE: 7 -30 -90
CITY OF PRIOR LAKE
FLOOD PLAIN MANAGEMENT ORDINANCE
ORDINANCE 90 -04
SECTION 1
STATUTORY AUTHORIZATION
1.1
Statutory Authorization ......................1
1.2
Findings of Fact .. ........................1
1.3
Statement of Purpose .........................1
SECTION 2
GENERAL PROVISIONS
2.1
Lands to which Ordinance Applies .............2
2.2
Establishment of Official Map ................2
2.3
Regulatory Flood Protection Elevation ........ 2
2.4
Interpretation.. . ...........2
2.5
Abrogation & Greater Restrictions ............3
2.6
Warning & Disclaimer of Liability ............ 3
2.7
Severability ... ..............................3
SECTION 3 DEFINITIONS .... ..............................3
SECTION
4
FLOOD PLAIN DISTRICT
4.1
Flood Plain District .........................5
4.2
Compliance ..... ..............................5
SECTION
5
PERMITTED AND CONDITIONAL USES
5.1
Permitted Uses.. ................6
5.2
Standards for Permitted Uses .................6
5.3
Conditional Uses.. .................7
5.4
Standards for Conditional Uses ...............7
SECTION
6
SUBDIVISIONS
6.1
Subdivisions ... ..............................9
SECTION
7
PUBLIC UTILITIES
7.1
Public Utilities.. . .............10
7.2
Public Transportation Facilities............
10
SECTION
8
TRAVEL TRAILERS /VEHICLES
8.1
Travel Trailers .............................10
8.2
New Travel Trailer Parks ....................10
8.3
Travel Trailers /Vehicles Exemption ..........
10
8.4
New Travel Trailer /Vehicle Parks ............
11
SECTION
9
ADMINISTRATION
9.1
Director of Planning ........................12
9.2
Permit Requirements .........................12
9.3
Board of Adjustment .........................14
9.4
Conditional Uses ............................16
SECTION
SECTION
SECTION
10
NONCONFORMING
USES
10.1
Nonconforming
Uses ..........................
19
11
PENALTIES FOR
VIOLATION
11.1
Penalties for
Violation .....................
20
11.2
Remedies ....... .............................2
12
AMENDMENTS
12.1
Amendments .. .. .............................21
12.2
Notification ... .............................21
"FLDORD"
SECTION:
CITY OF PRIOR LAKE
FLOOD PLAIN MANAGEMENT ORDINANCE
ORD. 90 -04
5A -1 -1:
Statutory Authorization
5A -2 -1:
General Provisions
5A -3 -1:
Definitions
5A -4 -1:
Flood Plain District
5A -5 -1:
Permitted and Conditional Uses
5A -6 -1:
Subdivisions
5A -7 -1:
Public Utilities
5A -8 -1:
Travel Trailers /Vehicles
5A -9 -1:
Administration
5A -10 -1:
Nonconforming Uses
5A -11 -1:
Penalties for Violation
5A -12 -1:
Amendments
SECTION 1: STATUTORY AUTHORIZATION. FINDINGS OF FACT AND PURPOSE
1.1 STATUTORY AUTHORIZATION: The legislature of the state
o M nneso a as, n Minnesota Statutes Chapter 104 and
462 (Zoning Enabling Statute) delegated the
responsibility to local government units to adopt
regulations designed to minimize flood losses.
Therefore, the City Council of Prior Lake, Minnesota
does ordain as follows:
1.2 FINDINGS OF FACT:
A e o hazard areas of Prior Lake, Minnesota,
are subject to periodic inundation which results in
potential loss of life, loss of property, health
and safety hazards, disruption of commerce and
gover':mental services, extraordinary public
expenditures for flood protection and relief, and
impairment of the tax base, all of which adversely
affect the public health, safety, and general
welfare.
(B) Methods Used to Analyze Flood Hazards. This
Ordinance is based upon a reasonable method of
analyzing flood hazards which is consistent with
the standards established by the Minnesota
Department of Natural Resources.
1.3 STATEMENT OF PURPOSE: It is the purpose of this
Ordinance to promote the public health, safety, and
general welfare and to minimize those losses described
in Chapter 1.2 by provisions contained herein.
SECTION 2: GENERAL PROVISIONS
2.1 LANDS TO WHICH ORDINANCE APPLIES: This ordinance
s a app y o a lands w n e jurisdiction of
Prior Lake, Minnesota shown on the Flood Insurance Rate
Map and the attachments thereto as being located within
the boundaries of the area designated as Zone A2 and
A7.
2.2 ESTABLISHMENT OF OFFICIAL MAP: The Flood Insurance
Rate Map dated Sep a er 29, 1978, is hereby adopted by
reference and declared to be a part of this Ordinance.
A Flood Insurance Rate Map has been published for Prior
Lake and the Regulatory Floodway Boundary is shown on
the map. The Flood Insurance Study for the City of
Prior Lake prepared by the Federal Insurance
Administration dated March 1978 is also declared to be a
part of this ordinance. The Official Flood Map shall be
on file in the Office of the Director of Planning.
2.3 REGULATORY FLOOD PROTECTION ELEVATION: The Regulatory
Flood ro ec on Elevation s a e he elevation of the
Regional Flood plus any increases in flood elevation
caused by encroachments on the flood plain that result
from designation of a floodway.
2.4 INTERPRETATION
(A) In their interpretation and application, the
provisions of this Ordinance shall be held to be
minimum requirements and shall be liberally
construed in favor of the City of Prior Lake and
shall not be deemed a limitation or repeal of any
other powers granted by State Statutes.
(B) The boundaries of the Flood Plain District shall
be determined by reference to the Flood Insurance
Rate Map. Where interpretation is needed as to the
exact location of the boundaries of the Flood Plain
District, for example where there appears to be a
conflict between a mapped boundary and actual field
conditions and there is a formal appeal of the
decision of the Director of Planning the Planning
Commission shall make the necessary interpretation.
All decisions will be based on elevations of the
regional (100 -pear) flood profile and other
available technical data.
2.5 ABROGATION AND GREATER RESTRICTIONS: Tt is not
intended by th s ordinance to repeal, abrogate, or
impair any existing easements, covenants, or deed
restrictions. However, where this Ordinance imposes
greater restrictions, the provisions of this Ordinance
Shall prevail. All other ordinances inconsistent with
this ordinance are hereby repealed to the extent of the
inconsistency only.
2.6 WARNING AND DISCLAIMER OF LIABILITY: This Ordinance
oes not imply at areas outsi a the Flood Plain
District or land uses permitted within such districts
will be free from flooding or flood damages. This
ordinance shall not create liability on the part of the
City of Prior Lake or any officer or employee thereof
for any flood damages that result from reliance on this
ordinance or any administrative decision lawfully made
thereunder.
2.7 SEVERABILITY: If any Chapter, clause, provision, or
porE3on o€ Ehis ordinance is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the
remainder of this Ordinance shall not be affected
thereby.
SECTION 3: DEFINITIONS
Unless specifically defined below, words or phrases used
in this Ordinance shall be interpreted so as to give
this Ordinance its most reasonable application.
ACCESSORY STRUCTURE OR USE - Any subordinate building or
use customarily incidental and subordinate to the
principal use and located on the same lot as the
principal use.
BASEMENT - Means any area of a structure, including
crawl spaces, having its floor or base subgrade
(below ground level) on all four sides, regardless
of the depth of excavation below ground level.
CONDITIONAL USE - A specific type of structure or land
use liste2rin the official control that may be
allowed but only after an in -depth review procedure
and with appropriate conditions or restrictions as
provided by the City Council, zoning controls
and /or building codes and upon a finding that: (1)
Certain conditions as detailed in the zoning
ordinance exist and (2) The structure and /or land
use conform to the Comprehensive Land Use Plan and
is compatible with the existing neighborhood.
EEQUAL DEGREE OF ENCROACHMENT - a method of
aetermininq a oca ion o loodway boundaries so
that flood plain lands on both sides of a stream
are capable of conveying a proportionate share of
flood flows.
FLOOD - a temporary increase in the flow or stage of a
stream or in the stage of a wetland or lake that
results in the inundation of normally dry areas.
FLOOD FRE UENCY . the frequency for which it is expected
a a specific flood stage or discharge may be
equalled or exceeded.
FLOOD PLAIN - the beds proper and the areas adjoining a
wetland, lake or watercourse which have been or
hereafter may be covered by the regional flood.
FLOOD- PROOFING - a combination of structural provisions,
changes, or adjustments to properties and
structures subject to flooding, primarily for the
reduction or elimination of flood damages.
FLOODWAY - the bed of a wetland or lake and the channel
— oT_ a watercourse and those portions of the
adjoining flood plain which are reasonably required
to carry or store the regional flood discharge.
OBSTRUCTION - any dam, wall, wharf, embankment, levee,
dim pile, abutment, projection, excavation,
channel modification, culvert, building, wire,
fence, stockpile, refuse, fill structure, or
matter in, along, across, or projecting into any
channel, watercourse, or regulatory flood plain
which may impede, retard, or change the direction
of the flow of water, either in itself or by
catching or collecting debris carried by such
water.
PRINCIPAL USE OR STRUCTURE - The main use to which the
premises are devoted and the principal purpose for
which the premises exist.
REGIONAL FLOOD - a flood which is re resentative of
large Moods known to have occurred generally in
Minnesota and reasonably characteristic of what can
be expected to occur on an average frequency in the
magnitude of the 100 -year recurrence interval.
Regional flood is synonymous with the term "base
flood^ used in the Flood Insurance Study.
REGULATORY FLOOD PROTECTION ELEVATION - The Regulatory
Flood Protection Elevation s a be the elevation
of the regional flood plus any increases in flood
elevation caused by encroachments on the flood
plain that results from designation of a floodway.
STRUCTURE - Anything constructed or erected, the use of
w9ich requires a fixed location on the ground or
any attachment of something having a fixed location
on the ground, including but not limited to
buildings, factories, sheds, detached garages,
cabins, manufactured homes, travel
trailers /vehicles not meeting the exemption
criteria specified iu Section 8.3 of the ordinance
and billboards, carports, porches and other
building features but not including sidewalks,
drives, fences and patios.
VARIANCE - A modification of a specific permitted
— cceveloprent standard required in an official
control including this ordinance to allow an
alternative development standard not stated as
acceptable in the official control, but only as
applied to a particular property for the purpose of
alleviating a hardship, practical difficulty or
unique circumstance associated with the property.
SECTION 4: FLOOD PLAIN DISTRICT
4.1 FLOOD PLAIN DISTRICT. The Flood plain District shall
Inc u e ose areas designated as Zone A -2 and A -7 on
the Flood Insurance Rate Map adopted in Section 2.2.
4.2 COMPLIANCE: No new structure or land shall hereafter be
use an no structure shall be located, extended,
converted, or structurally altered without full
compliance with the terms of this Ordinance and other
applicable regulations which apply to uses within the
jurisdiction of this Ordinance. within the Flood Plain
District, all uses not listed as permitted uses or
conditional uses in Sections 5.1 and 5.3 that follow,
shall be prohibited. In addition, a caution is provided
here that:
(A) Modifications, additions, structural alterations or
repair after damage to existing nonconforming
structures and nonconforming uses of structures or
land are regulated by the general provisions of
this ordinance and specifically Section 10; and
(B) As -built elevations for elevated or flood proofed
structures must be certified by ground surveys and
flood proofing techniques must be designed and
certified by a registered professional engineer or
architect as specified in the general provisions of
this Ordinance and specifically as stated in
Section 9.2(E) of this Ordinance.
SECTION 5: PERMITTED AND CONDITIONAL USES
5.1 PERMITTED USES
The following uses shall be permitted uses within the
Flood Plain District to the extent that they are not
prohibited by any other ordinance:
(A) Open Space, Recreation, Retaining Walls, Stairs,
Platforms and Fill approved in conjunction with a
development proposal.
(B) Accessory structures provided they comply with the
provision of Section 5.4(E) of this Ordinance.
(C) Fill may be a permitted use provided that it is
part of a development project and is accompanied by
an approved building permit and /or grading and
filling permit. Fill shall be protected from
erosion by vegetative cover, mulching, rip rap or
any other acceptable method, approved in advance by
the City of Prior Lake. All building permits for
lands within the Flood Plain District shall be
forwarded to the Department of Natural Resources
for review and approval according to the procedures
outlined in Section 9 of this Ordinance.
(D) Residence and other structures constructed on fill
so that the basement floor or first floor, if there
is no basement, is at or above the regulatory flood
protection elevation. The finished fill elevation
shall be no lower than one (1) foot below the
regulatory flood protection elevation and shall
extend at such elevation at least fifteen (15) feet
beyond the limits of any structure or building
erected thereon. Fill shall be compacted and the
slopes shall be protected by rip rap or vegetative
covering, approved in advance by the City of Prior
Lake.
5.2 STANDARDS FOR PERMITTED USES
(A) The use shall have low flood damage potential.
(B) The use shall be permissible in the underlying
zoning district.
(C) The use shall not adversely affect the regional
flood elevation or cause a measurable increase in
the stage of the 100 -year or regional flood or
cause a considerable increase in flood damages in
the reach or reaches affected.
(D) Residences that do not have vehicular access at or
above an elevation not more than two (2) feet below
the regulatory flood protection elevation shall not
be permitted unless granted a variance by the Prior
Lake Planning Commission. In granting a
variance, the Prior Lake Planning Commission shall
specify limitations on the period of use or
occupancy of the residence.
(E) Where existing streets, utilities, and small lot
sizes preclude the use of fill, other methods of
elevating the first floor (including basements)
above the regulatory flood protection elevation,
may be permitted provided appropriate variances are
granted by the Planning Commission and provided
that the residence is flood - proofed in accordance
with the State Building Code.
5.3 CONDITIONAL USES
The following uses shall be conditional uses within the
Flood Plain District to the extent that they are not
prohibited by any other ordinance:
(A) Marinas, boat rentals, piers, wharves, and water
control structures. Railroads, streets, bridges,
utility transmission lines, and pipelines.
(B) Flood control structural works such as levees,
dikes and floodwalls intended to protect individual
structures and or agricultural crops against a
flood equal to or less than a 10 -year frequency
flood event.
5.4 STANDARDS FOR CONDITIONAL USES
(A) All Uses. No structure (temporary or permanent),
fill (including fill for roads and levees),
deposit, obstruction, storage of materials or
equipment, or other uses may be allowed as
Conditional Use that will adversely affect the
regional flood elevation or cause a considerable
increase in flood damages in the reach or reaches
affected.
(B) All Conditional Uses shall be subject to the
procedures and standards contained herein.
(C) The Conditional Use shall be permissible in the
underlying Zoning District.
(D) STORAGE OF MATERIALS IN FLOOD PLAIN DISTRICT:
(1) Dredge spoil, fill and all other similar
materials deposited or stored in the flood plain
shall be protected from erosion by vegetative
cover, mulching, rip rap or other acceptable
method, approved in advance, by the City of Prior
Lake.
(2) Dredge spoil sites and sand and gravel
operations shall not be allowed in the floodway
unless a long -term site development plan is
submitted which includes an erosion /sedimentation
prevention element to the plan.
(3) As an alternative, and consistent with
Subsection (2) immediately above, dredge spoil
disposal and sand and gravel operations may allow
temporary, on -site storage of fill or other
materials which would have caused an increase to
the stage of the 100 -year or regional flood but
only after the Director of Planning has received
an appropriate plan which assures the removal of
the materials from the floodway based upon the
flood warning time available. The Conditional Use
Permit must be filed by the property owner with the
Office of the Scott County Recorder.
(E) ACCESSORY STRUCTURES:
(1) Accessory structures shall not be designed for
human habitation.
(2) Accessory structures, if permitted, shall be
constructed and placed on the building site so as
to offer the minimum obstruction to the flow of
flood waters.
(3) Accessory structures shall be elevated on fill
or structurally dry flood- proofed in accordance
with the FP -1 or FP -2 flood- proofing classification
in the State Building Code. As an alternative, an
accessory structure may be flood proofed to the
FP -3 or FP -4 flood proofing classification in the
State Building Code provided the accessory
structure constitutes a minimal investment, does
not exceed 832 square feet in size, and for
detached garage the detached garage must be used
solely for parking of vehicles and limited storage.
All flood proofed accessory structures must meet
the following additional standards, as
appropriate:
(a) The structure must be adequately anchored
to prevent flotation, collapse or lateral
movement of the structure and shall be
designed to equalize hydrostatic flood forces
on exterior walls; and
(b) Any mechanical and utility equipment in a
structure must be elevated to or above the
Regulatory Flood Protection Elevation or
properly flood proofed.
(F) STORAGE OF MATERIALS AND EQUIPMENT:
(1) The storage or processing of materials that
are in time of flooding, flammable, explosive, or
potentially injurious to human, animal, or plant
life is prohibited.
(2) Storage of other materials or equipment may be
allowed if readily removable from the area within
the time available after a flood warning and in
accordance with a plan approved by the City
Council.
(G) Structural works for flood control that will change
the course, current or cross section of protected
wetlands or public waters shall be subject to the
provisions of Minnesota Statute, Chapter 105.
Community -wide structural works for flood control
intended to remove areas from the regulatory flood
plain shall not be allowed in the floodway.
(H) A levee, dike or floodwall constructed in the
floodway shall not cause an increase to the
100 -year or regional flood and the technical
analysis must assume equal conveyance or storage
loss on both sides of a stream.
SECTION 6: SUBDIVISIONS
6.1 No land shall be subdivided which is deemed unsuitable
by the City of Prior lake for reason of flooding,
inadequate drainage, inadequate water supply or sewage
treatment facilities. All lots within the Flood Plain
District shall contain a building site at or above the
regulatory flood protection elevation. All subdivisions
shall have water and sewage disposal facilities that
comply with the provisions of this ordinance and have
road access no lower than two (2) feet below the
regulatory flood protection elevation. In the
Flood Plain District, applicants shall provide the
information required in 9.4(C) and the subdivision shall
be evaluated in accordance with procedures therein.
9
SECTION 7: PUBLIC UTILITIES; PUBLIC TRANSPORTATION FACILITIES
7.1 PUBLIC UTILITIES: All public utilities and facilities
such as gas, a ectrical, sewer and water supply systems
to be located in the flood plain shall be flood proofed
in accordance with the State Building Code or elevated
to above the Regulatory Flood Protection Elevation.
7.2 PUBLIC TRANSPORTATION FACILITIES. Transportation
facilities such as roads an ri ges to be located
within the flood plain shall comply with Chapter 4 of
this Ordinance. Elevation to the Regulatory Flood
Protection Elevation shall be provided where failure or
interruption of these transportation facilities would
result in danger to the public health or safety or where
such facilities are essential to the orderly functioning
of the area. Minor or auxiliary roads may be
constructed at a lower elevation where failure or
interruption of transportation services would not
endanger the public health or safety.
SECT 8: TRAVEL TRAILERS /VEHICLES AND MANUFACTURED HOMES
8.1 New manufactured home parks shall be subject to the
provisions placed on subdivisions by Section 6 of this
Ordinance.
8.2 The placement of new or replacement of manufactured
homes on individual lots of record that are located in
the Flood Plain District will be treated as a new
structure and may be placed only if elevated in
compliance with Section 5 of this Ordinance.
A. All manufactured homes must be securely anchored
to an adequately anchored foundation system that
resists floatation, collapse and lateral movement.
Methods of anchoring may include, but are not
limited to, use of over- the -top or frame ties to
ground anchors. This requirement is in addition to
applicable state or local anchoring requirements
for resisting wind forces.
8.3 Travel trailers and travel vehicles that do not meet the
exemption criteria specified in Section 8.3A below shall
be subject to the provisions of this Ordinance and as
specifically spelled out in Section 8.3(B) below.
(A) Exemption - Travel trailers and travel vehicles are
exempt from the provisions of this ordinance if
they are placed in any of the areas listed in
Section (B) below and further if they meet the
following criteria:
10
1. Have current licenses required for highway
use.
2. Are highway ready, that is that they are on
wheels or on the internal jacking system, are
attached to the site only by quick disconnect
type utilities commonly used in campgrounds
and trailer parks and the travel
trailer /travel vehicle has no permanent
structural type additions attached to it.
3. The travel trailer or travel vehicle and
associated use must be permissible in any
pre- existing, underlying zoning district.
(B) Areas exempted for placement of travel /recreational
vehicles:
1. Individual lots or parcels of record.
(C) Travel trailers and travel vehicles exempted in
8.3(A) lose this exemption when development occurs
on the parcel exceeding $500.00 dollars for a
structural addition to the travel trailer /travel
vehicle or an accessory structure such as a garage
or storage building The travel trailer /travel
vehicle and all additions and accessory structures
will then be treated as a new structure and shall
be subject to the elevation /flood proofing
requirements and the use of land restrictions
specified in Sections 4 and 5 of this Ordinance.
8.4 New commercial travel trailer or travel vehicle parks or
campgrounds and new residential type subdivisions and
condominium associations and the expansion of any
existing similar use or dwelling sites shall be
subject to the following:
(A) Any new or replacement travel trailer or travel
vehicle will be allowed in the Flood Plain District
provided said trailer or vehicle and its contents
are placed on fill above the Regulatory Flood
Protection Elevation and proper elevated road
access to the site exists. Any fill placed in the
Flood Plain for the urpose of elevating a travel
trailer shall be subject to the requirements of
Section 4.
(B) All new or replacement travel trailers or travel
vehicles not meeting the criteria of (A) above may,
as an alternative, be allowed as a Conditional Use
if in accordance with the following provisions of
9.4 of the Ordinance. The applicant must submit an
emergency plan for the safe evacuation of all
vehicles and people during the 100 year flood.
11
Said plan shall be prepared by a registered
engineer and shall demonstrate that adequate time
and personnel exist to carry out the evacuation.
All attendant sewage and water facilities for new
or replacement travel trailers or other
recreational vehicles must be protected or
constructed so as to not be impaired or
contaminated during times of flooding.
SECTION 9: ADMINISTRATION
9.1 DIRECTOR OF PLANNING: The Director of Planning
esignate by t e City of Prior Lake shall administer
and enforce this Ordinance. If the Director of Planning
finds a violation of the provisions of this Ordinance,
he /she shall notify the person responsible for such
violation in accordance with the procedures stated in
Section 11 of the Ordinance.
9.2 PERMIT REQUIREMENTS: A permit issued by the Director of
Planning or his/her designee, in conformity with the
provisions of this Ordinance shall be secured prior to
the erection, addition or alteration of any building,
structure or portion thereof; prior to the use or change
of use of a building, structure, or land; prior to the
change or extension of a nonconforming use; and prior to
the placement of fill, excavation of materials, or the
storage of material or equipment within the flood
plain.
(A) APPLICATION FOR PERMIT: Application for a permit
within the Flood Plain District, shall be made in
duplicate to the Director of Planning on forms
furnished by the Planning Department and shall
include the following where applicable: A
Certificate of Survey is required showing the legal
description of the property, dimensions of
property, location of existing and proposed
structures on the site, location of well and septic
system walks, driveways, and other improvements.
Elevations including lowest floor, garage floor,
street at center of driveway and property corners
and the location of the foregoing in relation to
the Regulatory Flood Plain elevation. All
elevations will be field verified by the City of
Prior Lake Building Official or designee.
(B) ADMINISTRATIVE REVIEW: A copy of the Flood Plain
building permit and /or Flood Plain excavating and
filling permit application and submission materials
will be forwarded to the Commissioner of Natural
Resources for review and comment. The Department of
Natural Resources and City permit review process
12
will be conducted concurrently. in the event that
no response is received by the City of Prior Lake
within ten days of notification to the Department
of Natural Resources, it will be determined that
there is no objection to issuance of the permit. A
permit will be issued by the City upon approval of
both the Department of Natural Resources and City
of Prior Lake. In the event that consensus cannot
be reached concerning the conditions of permit
approval, a hearing will be scheduled before the
Prior Lake Planning Commission to decide the
matter.
(C) STATE AND FEDERAL PERMIT: Prior to granting a
permit or processing an application for a
Conditional Use Permit or Variance, the applicant
shall verify that all necessary State and Federal
Permits have been applied for and /or issued.
(D) ZONING CERTIFICATE FOR NEW, ALTERED OR
NON - CONFORMING USE: It shall be unlawful to use,
occupy, or permit the use or occupancy of any
building or premises or part thereof hereafter
created, erected, changed, converted, altered, or
enlarged in its use or structure until a Zoning
Certificate has been issued by the Director of
Planning stating that the use of the building or
land conforms to the requirements of this
Ordinance.
(E) CONSTRUCTION AND USE TO BE AS PROVIDED ON
APPLICATIONS, PLANS, PERMITS, VARIANCES AND ZONING
CERTIFICATES: Permits, Conditional Use Permits, or
Zoning Certificates issued on the basis of
approved plans and applications, authorize only the
use, arrangement, and construction set forth in
such approved plans and applications, and no other
use, arrangement or construction. Any use,
arrangement or construction at variance with that
authorized shall be deemed a violation of this
Ordinance, and punishable as provided by Section 11
of this Ordinance.
(F) CERTIFICATION: The applicant shall be required
to submit certification by a registered
professional engineer, registered architect or
registered land surveyor that the finished fill and
building elevations were accomplished in compliance
with the provisions of this ordinance. Flood
proofing measures shall be certified by a
registered professional engineer or registered
architect.
13
(G) RECORD OF FIRST FLOOR ELEVATION: The Director of
Planning shall maintain a record of the elevation
of the lowest floor (including basement) of all new
structures and alterations or additions to existing
structures in the flood plain. The Director of
Planning shall also maintain a record of the
elevation to which structures and alterations or
additions to structures are flood proofed.
9.3 BOARD OF ADJUSTMENT
(A) ADMINISTRATIVE REVIEW: The Planning Commission
shall hear and decide appeals where it is alleged
there is an error in any order, requirement,
decision or determination made by an administrative
official in the enforcement or administration of
this Ordinance.
(B) VARIANCES: The Planning Commission may authorize a
variance from the terms of this Ordinance if it is
found that such action is not contrary to the
public interest; that a defined hardship exists and
or that unique characteristics of the property
under consideration require special consideration.
In the granting of such a variance, the Planning
Commission shall clearly identify, in writing, the
specific conditions that exist which justify the
granting of the variance. No variance shall have
the effect of allowing in any district, uses
prohibited in that district, permit a lower degree
of flood protection than the Regulatory Flood
Protection Elevation for the particular area, or
permit standards lower than those required by State
law.
(C) HEARINGS: Upon filing with the Planning Commission
an appeal from a decision of the Director of
Planning, or an application for a variance, the
Planning Commission shall fix a reasonable time for
a hearing and give due notice to the parties of
interest as specified by law. The Director of
Planning shall submit by mail, to the Commissioner
of Natural Resources, a copy of the application for
proposed variances sufficiently in advance so that
the Commissioner will receive at least ten days
notice of the hearing.
(D) DECISIONS: The Planning Commission shall arrive at
a decision on such appeal or variance within thirty
(30) days. In passing upon an appeal, the Planning
Commission may, so long as such action is in
conformity with the provisions of this Ordinance,
reverse or affirm, wholly or in part, or modify the
14
order, rr�uirement, decision or determination of
the Dire it of Planning or other public official.
It shall make its decision in writing setting forth
the findings of fact and the reasons for its
decisions. In granting a variance the Planning
Commission may prescribe appropriate conditions
and safeguards such as those specified in Chapter
9.4(F) which are in conformity with the purposes of
this Ordinance. Violations of such conditions and
safeguards, when made a part of the terms under
which the variance is granted, shall be deemed a
violation of this Ordinance punishable under
Section 11. A copy of all decisions granting
variances shall be forwarded by mail to the
Commissioner of Natural Resources within ten (10)
days of such action.
(E) APPEALS: Appeals from any decision of the Planning
Commission may be made, by a property owner, agent
or any person aggrieved by the decision of the
Planning Commission. A notice of appeal shall be
filed with the City Manager, stating the specific
grounds upon which the appeal is made within five
(5) working days after the date of the order of the
Planning Commission. The City Council shall then
hear such appeal and shall make its decision by
resolution or motion within a reasonable time
after the date of the City Council hearing.
Appeals from any decision of the City Council of
Prior Lake may be taken by any person or persons,
jointly or severally, aggrieved by any decision of
the Council, to the district court of this
jurisdiction as provided in Minnesota Statutes
462.361.
(F) FLOOD INSURANCE NOTICE AND RECORD KEEPING: The
Director of Planning shall notify the applicant for
a variance that: 1) The issuance of a variance to
construct a structure below the base flood level
will result in increased premium rates for flood
insurance up to amounts as high as $25 for $100 of
insurance coverage and 2) Such construction below
the 100 -year or regional flood level increases
risks to life and property. Such notification
shall be maintained with a record of all variance
actions. The City shall maintain a record of all
variance actions, including justification for their
issuance, and report such variances issued in its
annual or biennial report submitted to the
Administrator of the National Flood Insurance
Program.
15
9.4 CONDITIONAL USES: All Conditional Use Permits shall be
submitted to the Planning Commission for Public Hearing
then the recommendation of the Planning Commission shall
be forwarded to the City Council for final action.
Applications shall be submitted to the Director of
Planning who shall forward the application to the
Planning Commission and City Council for
consideration.
(A) HEARINGS: Upon filing with the Director of
Planning an application for a Conditional Use
Permit, the Director of Planning shall submit by
mail to the Commissioner of Natural Resources a
copy of the application for proposed Conditional
Use sufficiently in advance so that the
Commissioner will receive at least ten days notice
of the hearing.
(B) DECISIONS: The Planning Commission shall arrive at
a decision on a Conditional Use within 45 days of
the public hearing date. The recommendation of the
Planning Commission shall be forwarded to the City
Council for review. in granting a Conditional Use
Permit the Planning Commission and City Council
shall prescribe appropriate conditions and
safeguards, in addition to those specified in
Chapter 9.4(F) which are in conformity with the
purpose of this Ordinance. Violations of such
conditions and safeguards, when made a part of the
terms under which the Conditional Use Permit is
granted, shall be deemed a violation of this
Ordinance punishable under Section 11. A copy of
all decisions granting Conditional Use Permits
shall be forwarded by mail to the Commissioner of
Natural Resources within ten (10) days of such
action.
(C) CONDITIONAL USE PERMIT REVIEW CRITERIA:
(1) The applicant must furnish the following
information and any other data required by the
Director of Planning to determine the
suitability of the particular site for the
proposed use:
(a) PLANS in triplicate drawn to scale showing
the lure, location, 'dimensions, and
elevation of the lot, existing or proposed
structures, fill, storage of materials, flood -
proofing measures, and the relationship of the
above to the Regulatory Flood Protection
Elevation.
16
(b) SPECIFICATIONS: for building construction
and materials, flood- proofing, filling,
dredging, grading, channel improvement,
storage of materials, water supply and
sanitary facilities.
(2) The Director of Planning shall transmit one
copy of the information described in
subsection (a) to the City Engineer or other
expert consultant or agency for technical
assistance, where necessary, in evaluating the
proposed project in relation to flood heights
and velocities, the seriousness of flood
damage to the use, the adequacy of the plans
for protection, and other technical matters.
(3) eased upon the technical evaluation of the
designated engineer or expert, the Planning
Commission and City Council shall determine
the specific flood hazard at the site and
evaluate the suitability of the proposed use
in relation to the flood hazard.
(D) CONDITIONAL USE PERFORMANCE STANDARDS: In order to
approve a Conditional Use Permit application, the
Planning commission and City Council shall
consider all relevant factors specified in other
sections of this Ordinance, and:
(1) The danger to life and property due to
increased flood heights or velocities caused
by encroachments.
(2) The danger that materials may be swept onto
other lands or downstream to the injury of
others or they may block bridges, culverts or
other hydraulic structures.
(3) The proposed water supply and sanitation
systems and the ability of these systems to
prevent disease, contamination and unsanitary
conditions.
(4) The susceptibility of the proposed facility
and its contents to flood damage and the
effect of such damage on the individual
owner.
(5) The importance of the services provided by the
proposed facility to the community.
(6)
waterfront location.
the facility for a
tson
17
(7) The availability of alternative locations not
subject to flooding for the proposed use.
(8) The compatibility of the proposed use with
existing development and development
anticipated in the foreseeable future.
(9) The relationship of the proposed use to the
comprehensive plan and flood plain management
program for the area.
(10) The safety of access to the property in times
of flood for ordinary and emergency vehicles.
(11) The expected heights, velocity, duration, rate
of rise, and sediment transport of the flood
waters expected at the site.
(12) Such other factors which are relevant to the
purposes of this Ordinance.
(E) CONDITIONAL USE REVIEW PERIOD: The Planning
Commission shall act on the application in the
manner described above within forty -five (45) days
from receiving the application, except that where
additional information is required pursuant to this
Ordinance. The City Council shall render a written
decision and may attach such conditions to the
approval of any conditional use as may be
necessary. The approved site plan and all attached
conditions shall be filed by the petitioner with
the Zoning Officer within thirty (30) days of final
approval. Any development contrary to the approved
plan shall constitute a violation of this
ordinance.
(F) CONDITIONS ATTACHED TO CONDITIONAL USE PERMITS:
Upon consideration of the factors listed above and
the purpose of this Ordinance, the Planning
Commission and City Council shall attach such
conditions to the granting of a Conditional Use
Permit as deemed necessary to fulfill the purpose
of this Ordinance. Such conditions may include,
but are not limited to, tfte following:
(1) Modification of waste treatment and water
supply facilities.
(2) Limitations on period of use, occupancy and
operation.
(3) Imposition of operational controls, sureties,
and deed restrictions.
1s
(4) Requirements for construction of channel
modifications, compensatory storage, dikes,
levees, and other protective measures.
(5) Flood- proofing measures, in accordance with
the State Building Code and this Ordinance.
The apQlicant shall submit a plan or document
certified by a registered professional
engineer or architect that the flood - proofing
measures are consistent with the Regulatory
Flood Protection Elevation and associated
flood factors for the particular area.
SECTION 10: NONCONFORMING USES
10.1 A structure or the use of a structure or premises which
was lawful before the passage or amendment of this
Ordinance but which is not in conformity with the
provisions of this Ordinance may be continued subject to
the following conditions:
(A) No such use shall be expanded, changed, enlarged or
altered in a way which increases its
nonconformity.
(B) Any alteration or addition to a nonconforming
structure or nonconforming use which would result
in increasing the flood damage potential of that
structure or use shall be protected to the
Regulatory Flood Protection Elevation in accordance
with any of the elevation on fill or flood proofing
techniques (i.e., FP -1 through FP -4 flood proofing
classifications) allowable in the State Building
Code, except as further restricted in 10.1(C)
below.
(C) The cost of any structural alterations or additions
to any nonconforming structure over the life of the
structure shall not exceed 50 percent of the market
value of the structure unless the conditions of
this Chapter are satisfied. The cost of all
structural alterations and additions constructed
since the adoption of the City of Prior Lake's
initial flood plain controls must be calculated
into today's current cost which will include all
costs such as construction materials and a
reasonable cost placed on all manpower or labor.
If the current cost of all previous and proposed
alterations and additions exceeds 50 percent of the
current market value of the structure, then the
structure must meet the standards of Chapter 4 of
this Ordinance for new structures.
(D) If any nonconforming use is discontinued for 12
consecutive months, any future use of the building
premises shall conform to this Ordinance.
19
(E) If any nonconforming use or structure is destroyed
by any means, including floods, to an extent of 50
percent or more of its market value at the time of
destruction, it shall not be reconstructed except
in conformity with the provisions of this
Ordinance. The applicable provisions for
establishing new uses or new structures in Chapter
4 will apply.
SECTION 11: PENALTIES FOR VIOLATION
11.1 Violation of the provisions of this Ordinance or failure
to comply with any of its requirements (including
violations of conditions and safeguards established in
connection with grants of Variances or Conditional Uses)
shall constitute a misdemeanor and shall be punishable
by law. Any party that violates this Ordinance shall be
guilty of a misdemeanor and upon conviction thereof, be
punished by a fine not to exceed $700.00 dollars or by
imprisonment for a term not to exceed ninety (90) days.
11.2 Nothing herein contained shall prevent the City of Prior
Lake from taking such other lawful action as is
necessary to prevent or remedy any violation. Such
actions may include but are not limited to:
(A) In responding to a suspected ordinance violation,
the Director of Planning and the City of Prior Lake
may utilize the full array of enforcement actions
available to it including but not limited to
prosecution and fines, injunction, after - the -fact
permits, and orders for corrective measures. In the
event that it is proven that an individual has
violated this Ordinance, the City may request that
flood insurance, available through the National
Flood Insurance Program, be denied to the guilty
party. The City of Prior Lake must act in good
faith to enforce these official controls and to
correct ordinance violations to the extent possible
so as not to jeopardize its eligibility in the
National Flood Insurance Program.
(B) When an ordinance violation is either discovered by
or brought to the attention of the Director of
Planning, he /she shall immediately investigate the
situation and document the nature and extent of the
violation of the official control. As soon as is
reasonably possible, this information will be
submitted to the appropriate Department of Natural
Resources and Federal Emergency Management Agency
Regional Office along with the City of Prior Lake's
plan of action to correct the violation to the
degree possible.
20
(C) The Director of Planning shall notify the suspected
party of the requirements of this Ordinance and all
other Official Controls and the nature and extent
of the suspected violation of these controls. If
the structure and /or use is under construction or
development, the Director of Plannincj may order the
construction or development immediately halted
until a proper permit or approval is granted by the
City. If the construction or development is
already completed, then the Director of Planning
may either (1) issue an order identifying the
corrective actions that must be made within a
specified time period to bring the use or
structure into compliance with the official
controls, or (2) notify the responsible party to
apply for an after - the -fact permit /development
approval within a specified period of time not to
exceed 30 days.
(D) If the responsible party does not appropriately
respond to the Director of Planning within the
specified period of time, each additional day that
lapses shall constitute an additional violation of
this Ordinance and shall be prosecuted accordingly.
The Director of Planning shall also upon the lapse
of the specified response period notify the
landowner to restore the land to the condition
which existed prior to the violation of this
Ordinance.
SECTION 12: AMENDMENTS
12.1 The flood plain designation on the Flood Insurance Rate
Map shall not be changed unless it can be shown that the
designation is in error or that the area has been filled
to or above the elevation of the regional flood and is
contiguous to lands outside the flood plain. special
exceptions to this rule may be permitted by the
Commissioner of Natural Resources if he /she determines
that, through other measures, lands are adequately
protected for the intended use.
12.2 All amendments to this Ordinance, including amendments
to the Flood Insurance Rate Map, must be submitted to
and approved by the Commissioner of Natural Resources
prior to adoption. Changes in the Flood Insurance Rate
Map must meet the Federal Emergency Management Agency's
(Fe) Technical Conditions and Criteria and must
receive prior FEMA approval before adoption. The
Commissioner of Natural Resources must be given 10 days
written notice of all hearings to consider an amendment
V3 this Ordinance and said notice shall include a draft
of the ordinance amendment or technical study under
consideration.
21
This ordinance shall become effective from and aft f its passage and
publication.
Passed by the City Council of Prior Lake this day of
1990.
ATTEST:
City Manager
Published in the Prior Lake American on the day of
. 1990.
Drafted By:
22
/1 PRIO
�� 'P HERITAGE COMMUNITY �cfJ� 4
y !891 1991 209/
m
PLANNING REPORT
APPLICANT: J.W. KNOBLAUCH
ITEM: PRIORWOOD PUD - PHASE 3A PRELIMINARY PLAT
AMENDMENT
PRESENTER: HORST GRASER, DIRECTOR OF PLANNING
PUBLIC HEARING: X YES NO
DATE:
REQUESTED ACTION:
Staff has received a letter from J.W. Knoblauch (attached), to
amend the preliminary plat for the Priorwood Townhouses (also
known as Phase 3A). Specifically the applicant wants to delete
items 4, 5, and 14 from the conditional approval. The three
items refer to the construction of sidewalks. Perhaps the
application is not technically accurate because the amendments
referenced in the letter are part of the preliminary PUD.
PROCEDURE:
The applicant has filed under Zoning Ordinance Section
6.11.7f(b). This section requires that any changes in the use
or arrangement of open space must be approved by the City
Council. The approval process follows the amendment process for
the Zoning Ordinance which is Section 7.9.
The Council granted preliminary PUD approval on April 1, 1985,
with 19 conditions of which all but 3 have been met. However,
the final plat had to be submitted for approval within one year
with extensions of the preliminary PUD or the preliminary plat
shall be considered abandoned. The attached petition is being
considered as a resubmittal of the preliminary PUD. Therefore
all elements of the preliminary PUD are open for discussion
within reason. It must be kept in mind that this platting effort
comes several years after the units have been completed and
occupied. Therefore issues such as orientation, utilities,
access, landscaping, and architecture have been made previously
by the applicant or jointly with the city and are virtually
impossible to correct. On the other hand minor improvements
that would improve the residential environment and overall
aesthetic qualities are open for discussion.
BACKCROUND /HISTORY:
The active history of this PUD is attached for your
consideration. It was given outline development approval in 1982
for a phased development. The townhouse project was the second
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax 1612) 447 -4245
phase of the PUD. The outline development plan called for 20
individually owned units in a landscaped setting with covenants
and deed restrictions.
The preliminary plat for this phase was approved by the Planning
Commission on March 21, 1985, and April 1, 1985, by the City
Council. Construction began shortly thereafter for 9 units.
What followed was a myriad of extensions, excuses, and false
promises, by the developer Mr. Tom Steffens, that has not ended
today. The project made many promises to the neighborhood,
school district, and the City, in the form of site and
archetectural design. For that, Prior Lake gave the developer 23
units as a density bonus. Today Phase 3A is far from deserving a
density bonus. It is currently unkempt rental housing. The
earlier approved and planted landscaping is either dead, pulled
out, not maintained, or was never planted. The grass and weeds
are not cut. The blacktop has holes, patches, and bird baths.
The individual unit entryways once landscaped, have the
appearance of a forlorn backyard.
DISCUSSION:
Perhaps there are a lot of reasons why this development has not
been successful in the eyes of this writer. Each small deviation
or extension seemed innocent enough. But the cumulative result
I a rapidly deteriorating townhouse development with no end in
sight. On the other hand, had the development received final
plat 5 years ago, it might look significantly more pleasing.
The original developer, Mr. Steffens, has lost the development
and it is now in the hands of Mr. Rnoblauch. The issue is, how
can the development be improved through the requirements of the
PUD after it has already been developed and obtain final plat
approval without substantial financial burden on the current
owner.
RECOMMENDATION:
Recommend preliminary PUD approval. Contingent on the
following:
1. The name of the plat be changed to Priorview 2nd
Addition.
2. Conditions of the City Engineer.
3. The landscape plan must be implemented as previously
submitted.
4. All grass must be cut and kept free of weeds.
5. Any blacktop must be patched as needed.
The sidewalks as required in items 4, 5, and 6 should be deleted
from this project. Because the grade was changed for units
10 -20, thereby making elevated wood patios practical. The wood
patios that were constructed outside the rear entry serve as
private open space for residents. The sidewalks which were to
provide pedestrians access for visitors do not appear necessary.
An on -site inspection revealed that foot traffic patterns around
the side and rear of the units 10 -20 were not apparent.
To: Horst W. Graser, Director of Planning
4629 Dakota St. SE, Prior Lake, MN 55372
From: Joe Knoblauch
13017 Maywood Lane, Hopkins, MN 55343
Date: July 2, 1990
Subject: Priorview Townhome Plats, City Council Minutes 4/1/1985
Please consider this letter as a petition to amend the
preliminary plat to delete from the list of 19 contingents,
numbers 4, 5 and 14, which refer to sidewalks,
Patios, steps and back entries were substituted for sidewalks on
each of the units. It was felt that sidewalks behind and between
the buildings would detract from the privacy of each individual
unit. These changes as built have been well accepted by the
renters and provide each unit with individual backyard
accessibility.
Your consideration of this rec est is appreciated.
PRIORWOOD TOWNHOMES
PNWCOWOOD STREET "I
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C 1891 1991 20y>
June 18, 1990
Mr. Joe Knoblach
K & S Properties
13017 Maywood Lane
Hopkins, PH 55343
Dear Mr. Knoblach,
This letter is in response to our phone conversation held on
Thursday, June 14, 1990. You had requested an update on the
review process for the final plat of Priorwood Townhomes. A copy
of the plat has been distributed to the Finance, Engineering and
Planning Departments for review. I have reviewed the Priorview
PUD files and have conducted a preliminary review of the final
plat. Be advised that Director of Planning, Horst Graser will
conduct the formal review of the final plat and may require
information in addition to the data included in this letter. In
addition, the Finance and Engineering Departments have not
completed their reviews and may also require additional
information, prior to initiating the final plat public hearings.
On December 16, 1988 Horst Graser submitted a letter to Tom
Steffens outlining four contingencies related to the preliminary
plat application which have yet to be satisfied. The City
Council granted preliminary plat approval on April 1, 1985
subject to nineteen conditions. The preliminary plat of
Priorwood Townhomes is not approved until all nineteen conditions
are satisfied. Specifically two additional access walks must be
constructed adjacent to units 10 and 20; one diagonal walk from
the stairs between units 15 and 16 to the entrance walk for unit
16 must be constructed and a sidewalk must be constructed between
units 4 and 5. In addition, a site inspection conducted on
Friday, June 15, 1990 indicated that several trees and shrubs
indicated on the planting plan for the PUD have died. It is my
opinion that these plants be replaced as per the preliminary plat
planting plan in order to be compliant with the condition of the
plat.
The final plat cannot be approved unless it is substantially
compliant with the preliminary plat and all conditions satisfied.
An alternative that is available, if you cannot meet the
conditions, is to petition the bite Council to amend the
preliminary plat to delete the conditions. This option would
require that public hearings be conducted and that all persons
owning property within 500 feet of the plat boundaries be
notified of the hearing. The amendment public hearing would be
heard by the Planning Commission and City Council, who would
4629 Dakota St. S.E, Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax(612)4474245
render a decision based upon the testimony and hearing process.
If the conditions are removed, it would be possible to continue
with the final plat phase of the development.
The final plat drawing which was submitted for review should be
amended to change the name of the plat from Priorwood Townhomes
to Pribrview Second Addition. The City Attorney will also
require a title opinion as per subdivision ordinance, in order to
identify all owners of any interest in the land being subdivided
and holders of any liens or mortgages on the land. In addition,
a reduction of the plat to scale which equals 1 800', 1• - 200
and one plat at no scale 81/2" x 11• will be required in addition
to one copy of the plat with all signatures.
The Engineering and Finance Departments have been requested to
review the final plat submittal and submit comments to the
Planning Department by July 6, 1990. At that time the results of
the formal staff review will be made available to you. if you
have questions concerning the review process, please contact
Horst Grazer at 447 -4230.
Sincerely,,
�
Deb Garross
Assistant City planner
Enclosures
cc David Unmache
Horst Grazer
CITY OF PRIOR LAKE
December 16, 1988
Mr. Tom Steffens
3400 West 66th St. Suite 200
Minneapolis, MN 55435
Dear Mr. Steffens,
Be advised that the final plat of Priorwood Townhouses will not
be placed on the Council agenda until all contingency items
relating to the preliminary plat have been met. I have attached
a copy of the April 1, 1985, City Council minutes, and my
memorandum to the City Council dated March 15, 1985. The
contingency items referenced in the Council motion a/e found on
page two and three of my memo.
In reviewing the contingencies I find that you have not satisfied
items 4, 5, and 14, on page five of my memo. Please advice as to
how you will address them. I believe you have two alternativesi
one is to do the necessary improvements and two is to request the
City Council to amend their motion deleting items 4, 5, and 14,
as contingency requirements for preliminary plat approval.
The City Council meets the first and third Monday of each month.
All materials and submittals for Council review must be received
at least 30 days prior to the Council meeting. Submission for
final plat must include a complete set of mylar copies with all
appropriate signatures. In addition, a reduction of the plat to
8 %2" which equals III 800 1" - 200 ', and one at no scale to
p a s
sin
Horst Ora e
Director of Planning
HG:rms
enclosures
(612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372
Pow 3A
TO:
FROM:
RE:
DATE:
CITY OF PRIOR LAKE
PLANNING COMIISSION
HORST GBASER
PRIORAIEW PRELIKWM P.U.D. 2ND PHASE (Phase 3A)
MARCH 15, 1985
The developer is requesting Preliminary P.U.D. approval for the 2nd phase of
construction for Priorview P.U.D. The preliminary phase of review requires a
detailed analysis of the site, improvements and utilities. The schematic plan
was approved on 12/6/82 which established a general site development program.
This preliminary plan is to be in substantial compliance with the schematic
plan.
This proposal is the second phase of development consisting of 20 units. The
lot phase consisting of 48 units located directly to the south is nearing
completion. The 2nd phase will require the northerly extension of Five Hawks
Avenue and easterly extension of Priorwood Drive. Priorwood Drive must be
changed to Priorwood Street to conform to the City's uniform street naming
system. City utilities will also require extension.
Several years ago the low area on the subject site was filled primarily between
Five Hawks and units 1 -9. Without substantial filling the site would be
severely restricted for residential construction. On the other hand the hill in
the southeast corner of the site is being severely cut down for units 16 -20.
The final grading plan indicates the entire site with a mall exception in the
southeast corner will be disturbed. As a result erosion control must be part of
the construction plan. The plan indicates two rows of hay bales for silt
screen. Staff will require two additional rows of hay bales east and south of
Five Hawks Avenue and Priorwood Drive shortly after the streets are completed to
prevent erosion onto the streets and into the storm sewers. In addition all
graded areas must be sodded as soon as practical. .
(612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 55372
2:w: housing type in this application is toaftwes versus condominiums specified
in the concept plan. Units 1 -9 will be split entry walkouts with a single
attached garage. Units 10 -20 will have tuck under garages with two floors of
living space above the garage. The main entrance for these units will be from
the rear. However, the only access to the sidewalk at the rear of the units is
between units 15 and 16. Two additional access sidewalks must be constructed
adjacent to unit 20 and 10. In addition it is suggested that a diagonal walk be
constructed from the front entrance walk for unit 16 to the top of the stairs
between units 15 and 16.
Units 1 -9 appear to have access provided through the courtyards except there is
no concrete walk indicated. It is recannennded that "U" shaped walks be
constructed in the courtyards that will pick up pedestrians in front of the row
of cars headed into the townhouse units. There should also be a sidewalk
between units 4 and 5 for convenience of visitors who are unable to park in
front.
As part of the 2nd phase construction plans, the applicant is platting the
remainder of the P.U.D. in Outlots A and B. However, Outlot B contains a
portion of Holly Court which is not a part of this P.U.D. and therefore cannot
be platted as a part of it.
It is recamwxW that as much of the existing tree cover in the southeast
corner of the site should remain. It seems the individual doing this plan is
not familiar with the existing overstory. The Sugar Maple and Marshal Ash could
then be moved to open portions of the site. As a general rule the deciduous
trees should be clustered either southwest or southeast of the structures to
help naturally air condition the new buildings. All shade trees must be 21/2"
caliper or better.
The foundation planting include 24 taxus or yew pots. The p1mi should be
reviewed to make sure that they will be protected from south, and western
exposure due to their susceptibility to sun and wind burn. The foundation
Plantings are spread too thin around the structures. The foundation plantings
must be doubled. The courtyards must be defined and more plant material
introduced.
The City Engineer has reviewed the utility plans and recasmends preliminary
approval subject to the following provision:
1. Specifications for sewer, water, street improvements.
2. The fire hydrant located on Priorwood Drive must be moved
about 20 feet to the east.
3. Drainage calculations must be submitted for the construction
site.
4. The storm sewer in Five Hawks Avarua must be located deeper
to prevent freezing.
In genre the developer has complied with the City's requirements and requests
and adjust-I the plans prior to submittal for this hearing. The majority of the
items are + ?nor and should not hold up preliminary approval. Staff recommends
approval c tingent upon:
1. Priorwood Drive be changed to Priorwood Street.
2. Two rows of hay bales east and south of Five Hawks Avenue and
Priorwood Drive.
All disturbed areas must be sodded as soon as practical.
(4,) TWO additional access walks must be constructed adjacent to
lU .( units 10 and 20.
5. One diagonal walk from the stairs between units 15 and 16 to
the entrance walk for unit 16.
6. The courtyards be defined (concrete vs plantings).
7. Preserve natural overstorl in the southeast corner.
S. Move deciduous trees to open area with 21/2" caliper
minimmm.
9. The location of the yew pots should be reviewed.
10. The foundation plantings must be doubled.
11. The plant material in the courtyards must, at least, be
doubled.
12. The contingencies as suggested by the City Engineer.
Holly Court be excluded.
14 A sidewalk be constructed between Units 4 and 5.
A revised landscape plan be acceptable to staff.
PRIORVIEW PUD HISTORY
This PUD is referenced on the Zoning Map as PUD 82 -12. It was
processed under Zoning Ordinance No. 75 -12 (red cover).
The following is an abbreviated record of the PUD. The files
should be consulted for greater detail.
Outline Development Plan (File reference - Priorview PUD 82 -12)
The Outline Plan was the conceptual stage of the three phase PUD
process.
PUD size and density:
17.45 acres total land
2.40 acres designated wet land
15.05 acres of wet land which was used to calculate
density
15.05 X 5.5 = 83 units
The PUD received 27 St density bonuses
83 X 127.5% = 106 total unit for the PUD
Outline Development Approval
Planning Commission 10 -7 -82
City Council 12 -6 -82
Staff comments are in memo form dated 8- 12 -82.
Staff recommended to deny the PUD. In staff memo dated 8- 30 -82,
the denial was reaffirmed.
September 15 -82, Letter from Cy Kruse to Mike McGuire outlining
School District requirements for Tom Steffens to make Five Hawks
Avenue public plus other development requirements.
November 11 -82, Letter from Cy Kruse to Tom Steffens outlining a
time frame for the construction of Five Hawks Avenue and cost
participation by the School District.
Priorview 1st Addition (File reference - Priorview 1st Addition)
Priorview 1st Addition is the initial development phase of the
PUD. At this stage greater detail must be submitted and the
development plan must be in substantial compliance with the
Outline Development Plan.
The 1st Addition called for one 24 unit condominium building and
two 12 unit condominium buildings. The plat to implement this
phase included Lots 1, 2, and 3, Block 1, Priorview 1st Addition
(attached).
The approval dates were as follows:
Preliminary Plat: Planning Commission 7 -7 -83
City Council 7 -18 -83
Final Plat Planning Commission 8 -4 -83
City Council 8 -8 -83
A Developers Agreement was entered into for the construction of
utilities and Five Hawks Avenue from Highway 13 to the northern
terminus of the 1st Addition.
Shortly after the final plat, Tom Steffens dedicated the entire
right -of -way within the PUD to construct Five Hawks Avenue to the
northern terminus of the PUD. This was a requirement of the
School District. I believe they also required the complete
construction of Five Hawks Avenue in a given time frame. Prior
Lake never made this a contingency item in any approvals.
After the final plat approval, Prior Lake issued building permit
numbers 261 and 327 to construct two 12 unit buildings on Lots 1
and 2, Block 1, respectively. Date of issuance was 9 -19 -83 for
Lot 1 and 51 -29 -83 for Lot 2.
In the fall of 1984, staff received a petition to split Lot 3
into two equal halves and construct two 12 unit buildings instead
of one 24 unit building. The split was approved on 11- 13 -84.
For file reference see Priorview 1st lot split: Lot 3, Block 1.
Building permit number 556 was issued on 9 -23 -84 for the entire
Lot 3 to construct a 12 unit building. After the split was
approved, building permit number 616 was issued on 11 -14 -84 to
construct a second 12 unit building.
Priorview Townhomes (Phase 3A)
(F1 a re erence Priorview To - Homes -3A ^)
This phase of development consists of 20 townhouse units and is
referred to as phase 3A. It is actually the second phase of
construction as defined by the PUD.
This development phase received Planning Commission approval for
preliminary plat on 3- 27. -85 and from the City Council on 4 -1 -85.
Council's final approval was contingent on the same nineteen
points outlines earlier by the Planning Commission and me. All of
these points have not been met, therefore, preliminary plat
approval has not been obtained. A Developers Agreement was
entered into by Tom Steffens and the city for the construction of
roads and utilities.
The first building permit for four units was taken out on 7 -4 -85
and the second one for five units on 10- 30 -85. Mr. Steffens
wanted to plat this phase, however, I believe he ran out of money
to obtain the required releases. He wanted to put the
foundations in for the first nine units and then plat. Mr.
Steffens was aware of our policy to issue permits and plat later
in townhome developments.
Shortly after the first nine units were completed, Mr. Steffens
approached the City Council on 11 -12 -85 and wanted occupancy
permits. The primary issue the Council envisioned was street
improvement. The City Council denied occupancy permits until the
streets were in place. Nothing was said about final plat
requirements. On 12 -2 -85 I informed the City Council that the
street work was completed and occupancy permits would shortly be
issued.
The building activity for this phase was as follows:
# of Units Permit # Expired Date Issued Reissued
4 85 -166 7 -8 -85
5 85 -198 8 -6 -85
5 *85 -294 Yes 11 -12 -85 11 -30 -87
6 *85 -295 Yes 11 -12-85 12 -4 -86
*Conditional Occupancy Permits Issued.
Perhaps other reasons which complicated the final plat issue
were:
1. City Council granting occupancy before final plat.
2. The street right -of -way was dedicated via easement
rather than through the platting process.
3. All internal roadways are private.
4. The units were to be rented and deeds for individual
units were not an issue.
5. Mr. Steffens acknowledged the platting requirement and
he knew that a final plat was required before continuing
to the next phase of the POD.
6. Perhaps he had trouble getting release from the Simpkins
who are fee owners of the property.
Staff has followed the procedure of issuing permits and
then platting townhomes numerous times without incident.
Perhaps Mr. Steffens was given too much latitude? All
the building permits were issued in a four month period
but completion of the last units were not until 1988.
Priorview PUD Rezonin Com rehensive Plan and Develo went
Plan Amendmen Fi a re erence - Pr orview PUD 82 -12 Amendment")
Mr. Steffens applied for a major amendment to the PUD. It
involved changing the zoning district of the PUD from R -2 to R -3
in order that the density of remaining vacant land be increased.
It also involved the addition of Lots 1 -5, Block 2, Holly Court,
which was bought from the Schweichs. The addition of the Holly
Court land and increased density called for a revised development
plan. There was considerable opposition by the public which
resulted in the denial of the proposal by the Planning Commission
on 3- 19 -87. Mr. Steffens never took this proposal to the
Council.
FIRST _ ADDITION�
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Councilmember Schweich and Councilmember accepted this amendment to the motion
and second. Mayor Johnson called the question on the motion and upon a vote
taken it was duly passed.
The next item on the agenda was to discuss establishing a "Crime Prevention
Fund ". Police Chief Powell and Detective Bo* commented on this.
The fund would be a Minnesota Corporation managed by a board of directors
selected by community people. All funds would be lax deductible gifts from the
community itself and would be used for all phases of crime prevention from signs
to rewards, etc. Police Chief Powell and Detective Boe further commented.
'Tune Preventiat After a lengthy discussion by Council and Staff, motion by Scott to support the
FjXdv establishment of a "Crime Prevention Fund ", seconded by Susse and upon a vote
taken it was duly passed.
Mayor Johnson called a recess at this time. The meeting was called back to
order al 9'.30 PM.
The next item on the agenda was to consider preliminary P.U.D. for Priorview.
City Planner Dr►ser commented on this item.
City Planner Grazer stated that the requested action by the developer is
preliminary VU D. approval. H then reviewed the memorandum referenoing the
issue No stated that the Planning C conducted a public hearing on
3121 185 and recommended approval of the P.V.D. contingent upon 19 points he
stated earlier
There was a general discussion by Council and Staff.
/
APleg"e Pr4l ' m ' rm %otton
by Busse to approve the Preliminary P U for PriorView contingent upon
P.U.D. for
the 19 points outlined by Staff and the a points regarding the utilities.
Priorview
seconded by Thorkelson and upon a vote taken it was duly passed.
The next item on the agenda was to consider the Registered Land Survey. City
Planner Grasor tormented on this Item.
City Planner Grose] stated that the registered land survey was indirectly
approved by the Council in the course of settling a Pending lawsuit against the
City to provide access to this landlocked parcel. The two abutting Property
owners in Gateway Shores acquired the parcel and received permission to split it
and attach the newly formed parcels to their respective lots. The County
however did not accept the meets i bounds description and required a HLS. This
proposal is identical to the agreed upon split and staff recommends approval.
He then referred to the P.LS that was attached to the agenda packages.
There was a general discussion by Council and Staff
Reg. 12rdSur
Motion by Thorkelson to approve the H.L.S. 9111 as submitted by Ht of f, seconded
//lll
by Scott and upon a vote taken it was duly passed.
The next item on the agenda was to consider the Developers Agreement for Mind
Song P.U.D. City Engineer Anderson commented on this item.
PRI
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HERITAGE COMMUNITY
1891 1991 2091
NOTICE OF PUBLIC HEARING TO
CONSIDER AN AMENDMENT TO PRIORVIEW PUD
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 2, 1990 at 8:30 p.m.
The purpose of the hearing is to consider an amendment proposed
by developer, Joe Knoblach, to the second phase of Priorview PUD
known as Priorwood Townhomes Phase 3A. The developer received
preliminary plat approval on April 1, 1985 subject to nineteen
conditions. All but four conditions have been satisfied however,
the developer is requesting the City to amend the preliminary
plat to waive the four outstanding conditions. Specifically, the
conditions are: Two additional access walks must be constructed
adjacent to units 10 and 20; one diagonal walk from the stairs
between units 15 and 16 to the entrance walk for unit 16 must be
constructed; a sidewalk must be constructed between units 4 and 5
and several trees and shrubs indicated on the planting plan for
the PUD have died and must be replaced. The developer is
requesting that the four conditions be removed by the City
Council as conditions of approval for the preliminary plat. It
is the request of Mr. Knoblach that the sidewalks required as
part of the plat be substituted with patios, steps and back
entries.
The subject site contains approximately 3 acres and is located
approximately one quarter mile northeast of the intersection of
Five Hawks Avenue and S.T.H. 13. The property is legally
described as follows:
LEGAL DESCRIPTION
That part of the West Half of the Southwest Quarter of Section 2,
Township 114, Range 22, Scott County, Minnesota described as
follows: Commencing at the southwest corner of said West Half;
thence on an assumed bearing of North 01 degrees 08 minutes 30
seconds East along the west lane of said West Half a distance of
2080.05 feet; thence South 88 degrees 51 minutes 30 seconds East
a distance of 978.19 feet to an intersection with a line drawn
parallel with and distant 333.0 feet west of the east line of
said West Half, the point of beginning of the tract to be
described; thence North 88 degrees 51 minutes 30 seconds West
30.00 feet; thence northeasterly along a curve concave to the
southeast and having a radius of 163.81 feet, a central angle of
21 degrees 07 minutes 26 seconds and a chord of 60.04 feet which
4629 Dakota St. S.E, Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
bears North 1.1 degrees 30 minutes 17 seconds East an arc distance
Of 60.39 feet; tnence North 22 degrees 03 minutes 55 seconds East
34.47 feet; thence northerly along a tangential curve concave to
the northwest and having a radius of 240.66 feet and a central
angle of 45 degrees 53 minutes and 25 seconds an arc distance of
192.75 feet; thence North 73 degrees 18 minutes 39 seconds East
140.53; thence on a tangential curve concave to the south and
having a radius of 660.17 feet and a central angle of 17 degrees
34 minutes 05 seconds an arc distance of 202.42 feet; thence
South 89 degrees 05 minutes 46 seconds East 12.17 feet to the
East line of said West Half; thence South 00 degrees 54 minutes
14 seconds West along said east line 418.86 feet to an
intersection with the easterly extension of the north line of
PRIORVIEW FIRST ADDITION; thence North 89 degrees 05 minutes 46
seconds West along said North line and its extension 300.00 feet;
thence North 00 degrees 54 minutes 14 seconds East 66.67 feet;
thence North 88 degrees 51 minutes 30 seconds West 33.00 feet to
the point of beginning.
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, cont t the Prior lake Planning Department at 447 -4230.
Deb Garross
Assistant City Planner
To be published in the Prior Lake American on Monday July 23 and
July 30, 1990.
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MOLAR PLANNING COMMISSION MEETING
AGENDA
AUGUST 16, 1990
7:30 P.M. CALL TO ORDER
7;30 P.M. REVIEW MINUTES Or PREVIOUS MEETING
7:35 P.M. HEARING SIDE 6 FRONT YARD VARIANCE ROGER STEINER
5:00 P.M. HEARING LAEESWRE VARIANCE HAROLD DELLNO
* Indicates a Public Searing
All times stated on the Planning Cmunission Agenda, with the exception of Public
Hearings, are approximate and may start a few minutes later than scheduled.
4629 Dakota St. S.F., Prior Lake. Minnesota 55372 1 Ph. �z��.i. 447 -4230 / Fax (612! 447 -4245
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1991 2001
PLANNING COMMISSION
MINUTES
AUGUST 2, 1990
The August 2, 1990, Planning Commission Meeting was called to
order by Chairman Kedrowski at 7:30 P.M. Those present were
Commissioners Roseth, Arnold, Wells, Loftus, Kedrowski, Director
of Planning Horst Graser, Assistant City Planner Deb Garross,
and Secretary Rita Schewe.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY LOFTUS, SECOND WELLS, TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes by Loftus, Arnold, Kedrowski, Wells,
and Roseth. MOTION CARRIED.
Recess called at 7:35 P.M. until time of Public Hearing.
ITEM II - PUBLIC HEARING - FLOOD PLAIN ORDINANCE - STAFF
Public Hearing called to order at 8:00 P.M. by Chairman
Kedrowski. Public in attendance.
Deb Garross presented the information on the Prior Lake Flood
Plain Ordinance revisions, explaining each section and any
changes that were made. DNR office has approved this version.
Consensus from the Commissioners was favorable to the proposed
revisions. Attention was called to the section on trailer parks.
MOTION BY ROSETH, SECOND ARNOLD TO APPROVE THE REVISIONS TO FLOOD
PLAIN MANAGEMENT ORDINANCE 90 -04.
AMENDMENT TO THE MOTION WAS TO HAVE SECTION 8: TRAVEL
TRAILERS /VEHICLES AND MANUFACTURED HOMES BE REVIEWED BY THE CITY
ATTORNEY FOR LEGALITY OF THE WORDING, IF NO CHANGES ARE MADE THE
MOTION CAN BE FORWARDED TO THE CITY COUNCIL.
Vote taken signified ayes by Roseth, Wells, Kedrowski, Arnold and
Loftus. MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY LOFTUS, TO CLOSE PUBLIC HEARING AT
8:30 P.M.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 1 Pax (612) 447 -4245
PLANNING COMMISSION MEETING MINUTES AUGUST 2, 1990 PAGE 2
ITEM III PUBLIC HEARING PRIORWOOD PUD PHASE 3A PRELIMINARY
PLAT AMENDMENT - JOE KNOBLACH
Public Hearing called to order at 8:30 P.M. Public in
attendance.
Joe Knoblauch, 13017 Maywood Lane, Hopkins, asked that the
Priorwood Townhome plat be amended. The request is to delete
numbers 4, 5, and 14 from the list of 19 contingencies which are
in reference to sidewalks.
Horst Graser presented the information as per memo of August 2,
1990. Mr. Graser gave a brir +f history of the Priorwood PUD. Tom
Steffens, the former developer, is no longer connected with this
development. Mr. Knoblauch has assumed the responsibility of
this project and is attempting to finish the development. Mr.
Graser stzted that this project has not met the standards which
were promised by the developer and the development has
deteriorated to an unkempt appearance. The City gave 23 units as
a density bonus. Staff recommends preliminary PUD approval with
the following conditions:
1. The name of the plat be changed to Priorview 2nd
Addition.
2. Existing sidewalk be shown on the plat.
3. The lands ^ape plan must be implemented as previously
submitted.
4. All grass must be cut and kept free of weeds.
5. Any blacktop must be patched as needed.
6. Easements be shown on plat as required by the City
Engineer.
The sidewalks as required in items 4, 5, and 14 should be deleted
as grade and traffic patterns have changed making sidewalks
unnecessary.
Mr. Knoblauch stated that there were only 20 bonus units not 23
the landscaping plan was completed but the drought had taken most
of the plantings.
Comments from the Commissioners were on landscaping maintenance,
fine should be levied for non - completion of project, length of
time property owned by applicant, future plans of units,
occupancy percent, and agreement of deleting sidewalks.
Anita Harrington, Manager of the rental units, stated that they
have been working on the interior of the units in the year she
has been manager.
PLANNING COMMISSION MEETING MINUTES AUGUST 2, 1990 PAGE 3
MOTION BY ARNOLD, SECOND BY LOFTUS, TO APPROVE THE PRELIMINARY
PUD CONTINGENT ON THE FOLLOWING ITEMS:
1. THE NAME OF THE PLAT BE CHANGED TO PRIORVIEW 2ND
ADDITION.
2. CONDITIONS OF THE CITY ENGINEER BE MET AS ORIGINALLY
FORMED.
3. THE LANDSCAPE PLAN MUST BE IMPLEMENTED AS PREVIOUSLY
SUBMITTED
4. ALL GRASS AND LAWNS MUST BE CUT AND KEPT FREE OF WEEDS.
5. ANY BLACKTOP MUST BE PATCHED AND SEALED.
ITEMS 4, 5, AND 14 OF THE ORIGINAL LIST OF CONTINGENCIES BE
ELIMINATED.
AMENDMENT TO ITEM 3 OF THE MOTION, THE LANDSCAPE PLAN OR AN
ALTERNATIVE PLAN MUST BE RESUBMITTED AND APPROVED BY STAFF, IF
NOT ACCEPTABLE BY STAFF, RETURNED TO PLANNING COMMISSION.
JUSTIFICATION BEING THE GRADING WAS CHANGED, 5 YEARS HAVE PASSED
SINCE COMPLETION OF BUILDINGS, AND WOULD NOT DETRIMENTAL TO THE
HEALTH AND WELFARE OF THE COMMUNITY. THIS MOTION TO BE SENT TO
THE CITY COUNCIL.
Vote taken signified ayes by Roseth, Wells, Kedrowski, Arnold and
Loftus. MOTION CARRIED.
MOTION BY ROSETH, SECOND BY LOFTUS , TO CLOSE THE PUBLIC HEARING
AT 9:35 P.M.
MOTION BY ROSETH, SECOND BY ARNOLD TO ADJOURN THE MEETING.
Vote taken signified ayes by Loftus, Arnold, Kedrowski, Wells,
and Arnold. MOTION CARRIED.
Meeting adjourned at 9:45 P.M. Tape of meeting on file at City
Hall.
Horst W. Graser Rita M. Schewe
Director of Planning Recording Secretary
PR if
'P HERITAGE
T 189/
COMMUNITY
PLANNING REPORT
APPLICANT: ROGER STEINER
ITEM: VARIANCE
PRESENTER: STEVE HESS
PUBLIC HEARING: YES X NO
DATE: AUGUST 16, 1990
SITE ANALYSIS
V/11 SQ t
REQUESTED ACTION
The P anning Department has received a variance request from
Roger Steiner to consider a 10 foot front yard variance, 3.6 foot
south side yard variance and a 5.1 foot north side yard variance
for his home at 14416 Watersedge Trail. It is legally known as
Lot 25, Boudin's Manor-.
HISTORi
The home received a 5 foot front yard variance, 2 foot south side
yard variance, one foot north side yard variance and a 20.5 foot
lakeshore variance in 1577.
STAFF ANALYSIS•
T.e Bo�udin s Manor Addition was platted in 1930 under the
jurisdiction of Scott County. The addition was annexed into the
City of Prior Lake in 1974, which makes the site a lot of record.
The subject site is substandard and consequently does not
contain a large building envelope. The neighborhood is a
combination of older and newer homes. The purpose of the garage
addition is to increase the living area of the house.
In general the purpose of the proposed alterations are to add
living space to the existing home. The addition of the second
level over the garage requires a 5.1 foot side yard variance.
This addition will result in substantial different roof lines and
the conversion of some of the garage space to living space. The
four foot garage addition would maintain the existing garage size
after the conversion.
On the south side of the garage is a four foot deck which serves
as a sidewalk to the front entry. The applicant is requesting a
two foot expansion of the deck requiring a 3.6 foot side yard
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
variance. The ten foot front yard variance is not applicable.
The existing deck already extends out the ten feet into the front
yard setback.
STAFF RECOMMENDATIONS:
Staff e ieves a ere is justification to grant the 5.1 foot
north side yard variance. The Planning Commission has a history
of granting 5 foot variances for substandard lots. An addition
to the front of the house would necessitate a reduction in the
distance to the lakeshore. The house on the north side is
situated twenty four feet away from the common property line and
angles away from the subject home. The proposed addition would
interfere little with the open space between the two houses.
Staff does not feel that the 3.6 foot south side yard variance is
justified. The present deck is used as a sidewalk to the front
door because of the topography. The deck will still primarily be
used as a sidewalk and four feet is the average width of most
sidewalks. The addition to the deck will not increase the living
area of the house and subsequently is not justified.
The size and the topography of the lot have caused the hardship.
The lot has a small building envelope and required variances to
build the home. An agreement should be made between the
applicant and the homeowner at 14412 Watersedge concerning the
tree that is located near the property line. It will probably be
impacted by the construction. The approriate trimming or the
replacement of the tree should be arranged before construction
begins. The proposal is consistent with the character of the
neighborhood and would not be detrimental to the general health
and welfare of the community. Staff recommends that the 5.1 foot
north side yard variance be granted, with the stipulation that an
agreement is reached with the neighbor at 14412 Watersedge Trail
to protect the tree that is situated along the property line.
X2L- 1
PID- 33- 6/9 -OA[ -
Property Owner
Address•
Type of Owners
Consultant/Con
Existing Use
of Property:_
Proposed Use
of Property:_
Legal Descript,
of Variance Si'
W YM'tSii
Phone: 4
Phone: -Y V& a7Va
Phone:
Phone:
e Agreement
Zoning.. If /S — D
-*'Variance Requested:
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subj site or part it? � es ��io
what was requested: /A �..
SUBMISSION REDUIREMENTS.
(A)Completed application form. (B)Filing fee (C)Certified from abstra -t firm, names
and addresses of property owners within 100 feet of the exterior boundaries of the
subject property. (D)Co:plete legal description i Property Identification Number
(PID). (E)Deed restrictions, if applicable. (F)An area map at 1" =200' mailable
from the City Engineering Section showing: existing topography, utilities, lot
boundaries, building easements and soil test data if pertinent within 300 feet.
(G)A parcel map at 1•- 20 -50 showing: The site development plan, buildings:
parking, loading, access, surface drainage, landscaping and utility service..
ONLY COl0?L.EM APPLICATIONS SHALL BE REVIEWED BY ME PLANNING OOMMSION.
To the best of my knowledge the information presented on this form in 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.
scants Signature
Submitted this -_day of. u/ 9.&P
5Q ..rut
Fee Owners Signature
IBIS SPACE IS TO BE FII.LFD OUT BY ME PLANNING DIREMOR
ODNDITIONS:
Signature of the Planning Director Date
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SURVEY PREFARED FOR:
ROGER STEINER
14416 WATERSEDGE TRAIL N.E.
PRIOR LAKE, ARV. 56672
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Volley S(wMing Co., PA.
SUITE 120 -C . 16670 FRANKLIN TRAIL
FRANKLIN TRAIL OFFICE CONDOMINRNI
PRIOR LAKE, MINNESOTA 66371
TELEPHONE (612) 447 -2670
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PRIf4
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HERITAGE
1891
COMMUNITY 9:r /J.W 1
1991 2091
NOTICE OF NEARING
FOR
FRONT AND SIDE YARD VARIANCE
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, AUGUST 16, 1990 at 7:35 P.M.
PURPOSE OF HEARING: To consider a variance application
for Roger Steiner.
SUBJECT SITE LOCATION: 14416 Watersedge Edge Trail
Lot 25, Boudin's Manor
REQUESTED ACTION: The applicant wishes to expand the
garage and entry deck and build
additional living quarters above the
garage. The applicant is requesting
that the Planning Commission will
grant a 10 foot front yard variance
and 3.6 foot south side yard
variance and a 5.1 foot north side
yard variance in order to build the
garage, deck and living quarters.
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
August 6, 1990
4629 Dakota St. S.E., Prior Cake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
ON PRIp\
:J T
\ ' a
HERITAGE
1891
COMMUNITY CIMIJIS ? t
1991 2091
"VA19PR"
PLANNING REPORT
APPLICANT: HAROLD E. DELLWO
ITEM: VARIANCE
PRESENTER: HORST GRASER
PUBLIC HEARING: YES X NO
DATE: AUGUST 1'9
SITE ANALYSIS
INTRODUCTION•
T e P arming Department has received a variance request from
Harold E. Dellwo to consider a 39 foot lakeshore variance for a
proposed new home at 4287 Grainwood Circle. The site is legally
known as Lot 15, Grainwood Park.
HISTORY /BACKGROUND
T e Gra nwo0 Park subdivision was platted in 1944 under the
jurisdiction of Eagle Creek Township. It was annexed into the
City in 1973. The subject site is an approximate 50 x 170 foot
vacant lakeshore lot zoned RS -Urban Residential /Shoreland
District. The lot area of the site totals 7848 square feet. The
topography of the site is a consistent grade rising from the lake
to the road elevation of 920.
STAFF ANALYSIS
The a aa djacentproperty to the west is a 50 foot lot with an
existing cabin. In 1980 the Planning Commission granted a 6 foot
west side yard and 5 foot front yard variance to construct a
detached garage. The adjacent lot to the east was, until a few
weeks ago, owned by the applicant. It was deeded to a second
party to circumvent Prior Lake's requirement to combine
substandard lots (reference Zoning Ordinance Section 9.3B1.e).
Although the intent of the Shoreland District is to combine lots
whenever possible, the effectiveness of this section was lost
when %eperate ownership" was interpreted by the City Council to
mean at the building permit stage rather than at the time the
ordinance was adopted. The adjacent lot to the east contains a
22x24 foot garage currently being used by the applicant.
Several years ago the applicant moved a boat house onto the lake
and moored it on the subject site. The boat house was hooked up
to all public utilities. Anticipating a building permit for a
permanent home, the applicant has removed the boat house and is
in the process of selling it.
The construction character of the Grainwood area is varied.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
Recent construction included two homes one half block to the west
that approach some of the highest valuations around the lake. on
the other hand, the neighborhood also contains summer residence
cabins and older modest homes dating to the 1950's and 60's.
The applicant has a very attractive lot with several trees that
add aesthetic beauty. The proposal is a very plain split entry
home that requires a 39 foot lakeshore variance. All one will
see from the road is a two car garage. It would appear that from
an architectural and design perspective that another home design
could lessen the amount of lakeshore variance required. Staff is
positive that alternative design options exist that would reduce
the lakeshore setback and enhance the architectural quality of
the home to better fit the neighborhood.
The intent of the Shoreland District is to reduce the negative
environmental and aesthetic impacts on the lake. This does
include innovative home design to minimize the variance from the
lake. This proposal appears to be a convenience solution to a
difficult but beautiful lot.
STAFF RECOMMENDATIONS:
Staff recommends denial of the 39 foot lakeshore variance
application because:
The variance being requested is too great under the
available architectural options.
The property is not unique with respect to topography
therefore not resulting in any development constraints.
Design alternatives exist which would minimize the
variance and subsequent impact on the Shoreland
District.
An alternative that the Planning Commission may wish to consider
is to continue or table the hearing to allow the applicant the
opportunity to redesign the home to minimize the amount of
lakeshore variance required.
J 'J
CITY M PRIOR LAKE
APPLICATION FOR VARIANCE
icant: 14A-RoLD r DI - 71 -1-loo
of Cwneishlo: Fee -!--X Contract Purchase
Existing Use
of Property:.
Proposed Use
of Property:.
Legal Descri
of Variance
Variance
Has the applicant previously sought to plat, rezone, obtain a
use permit on the subject site or any part of it? Yes _
What was requested•
the type of improvements I.
11
or conditional
(A)Campleted application form. (B)Filing fee (C)Certified from abstract firm, names
and addresses of property owners within 100 feet of the exterior boundaries of the
subject property. (D)Camplete legal description r, Property Identification Number
(PID). (E)Deed restrictions, if applicable. (F)An area map at 1 available
from the City Engineering Sect+)n showing: existing topography, utilities, lot
boundaries, building easements and soil test data if pertinent within 300 feet.
(G)A parcel map at 1 20' -50' sharing: The site development plan, buildings:
parking, loading, access, surface drainage, landscaping and utility service.
ONLY CONNPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING COMMSSION.
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 J.Dformati ollow the
procedures as outlined in the Ordinance. C- _ 12L 4 1 10
Submitted this _`may of 9.zo ZZK &� / /// �
F ee Owners Signature � iC�C�
THIS SPACE IS TO BE FII.I.ED OUT BY THE PLANNING DnWIOR
PLANNING CMWSION _ APPROVED _ DENIED DATE OF HEARING
CITY COUNCIL APPEAL _ APPROVED _ DENIED DATE OF HEARING
NNDITIONS•
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Zoning: R G J
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HERITAGE
1891
COMMUNITY
1991
NOTICE OF HEARING
FOR
LAKESHORE VARIANCE
Y"Yf5Y7 1
2c/yl
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, AUGUST 16, 1990 at 8:00 P.M.
PURPOSE OF HEARING: To consider a variance application
for Harold E. Dellwo.
SUBJECT SITE LOCATION: 4287 Grainwood Circle HE
Lot 15, Grainwood Park
REQUESTED ACTION: The applicant wishes to build a new
single family home on the subject
site. The applicant is requesting
that the Planning Commission will
grant a 39 foot lakeshore variance
in order to build the new home.
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
August 7, 1990
4629 Dakota St, S.E., Prim lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245
a 1• -90
Horst Graser
Planning Director
City of Prior Lake
It is our understan-'ing that the owner of the two lots adjacent
to ours (lots 14 and 15, Grainwood Park), a Mr. Harold Dellwo Jr.,
has applied for a permit to build a new residence on lot 15. We
further understand that it requires a variance and that a hearing
might be scheduled soon on this matter.
As of this writing we have received no notice of any kind, no
description of this variance request nor a copy of the planning
report.
We must travel to Michigan tomorrow to attend the funeral of my
father (who died on 8 -9 -90) and attend to other matters related to
his death. We will not return until 8 -17. We are writing because
of some specific concerns which we have about this situation.
Since we have received no report or description of the variance, it
is difficult to be totally specific but our concerns are as follows:
1. Lake setback of the new building is not a concern so long as it
is consistent with neighboring properties. Our concern here is
that any precedent or consideration be given to the fact that
a boathouse has been sitting at the shoreline for several years,
illegally, and at zero setback on lot 14. Any lake setback
variance should be made contingent upon removal of the boathouse
prior to construction start.
2. There is a shed and a large junk pile kept adjacent to it which
is well within the required lake setback on lot 14. Their
removal should also be a contingency on granting of any variance.
3. Lots 14 and 15 are substandard lots and are less than 10,000
square feet in area on an individual basis. Although they are
legal lots due to grandfathering, they are not buildable lots in
accordance with the city ordnance. We understand that construction
can be permitted on one of these lots since they are contiguous
and have the same owner but that construction on either of these
lots would permanently bind at least 10,000 square feet of the
two lots together. Mr. Dellwo does not seem to be aware of this
law and has plans to build on lot 15, sell that house and build
a second house on lot 14. We object to any waivering of the
ordnance in this regard since it would be the equivalent of
permitting a fully conforming 15,000 square foot lot to be split
into two 7500 square foot lots.
4. We also raise the issue of the above mentioned existing
houseboat being utilized as a residence on lot 14 along with
au existing garage and an existing shed. Each of these iS
non - conforming either to lake setback or atreet setback. Since
under the ordnance lots 14 and 15 must be treated as an entity
for building area purposes, approving a second residence to be
built on lot 15 would be approving an illegal multiple residency
condition on single - family zoned property. This condition could
of course be avoided by requiring the removal of the existing
non conforming residence and out buildings as a pre- condition
for building on lot 15. No variance should be given unless all
existing non - conformances are first removed.
We trust that we will receive timely notice of any hearing on this
matter but wanted our position to be known to you during our absence.
Sincerely,
John and Marge Boyle
4277 Grainwood Circle
lot 13, Grainwood Park