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HomeMy WebLinkAbout1989 December Planning Commission Agenda PacketsAhk PUBLIC HEARING PLANNING COMMISSION MEETING AGENDA DECEMBER 7, 1989 7:30 P.M. CALL TO ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING 7:35 P.M. DISCUSSION BY -LAWS STAFF 8:15 P.M. HEARING VARIANCE ITT SHANESY * 8:45 P.M. PUBLIC HEARING ZONING ORDINANCE STAFF N 4.1(P) HOUSE MOVING * 9:00 P.M. PUBLIC HEARING ZONING ORDINHi(E STAFF AMENDMENT SECTION 7.3 BOARD OF AWU91EIW * 9:15 P.M. PUBLIC HEARING SUBDIVISION ORDINANCE STAFF AMENDMENT SECTION 6- 6 -8(A) PARK DEDICATLM 9:30 P.M. DISCUSSION PLANNING COMMISSION STAFF YEAR END REPORT * Indicates a Public Hearing All times stated on the Planning Co®nission Agenda, with the exception of Public Hearings, are approximate and may start a few minutes later than scheduled. 4629 Dakota St. S.E.. Prior lake, Minnesota 55372 / Ph. (612) 4474230 1 Fax (612) 4474245 PLANNING COMMISSION MINUTES NOVEMBER 16, 1989 The November 16, 1989, Planning Commission Meeting was called to order at 7:30 P.M. by Vice - chairman Arnold. Those present were Commissioners Arnold, Roseth, Loftus, Assistant City Planner Deb Garross and Secretary Rita Schewe. Absent were Commissioners Wells and Kedrowski. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY LOFTUS, SECOND BY ROSETH, TO APPROVE MINUTES AS WRITTEN. Vote taken signified ayes by Arnold, Roseth and Loftus. Recess called at 7:34 P.M. Meeting recalled to order at 7:35 P.M. ITEM II - JACK INGALLS VARIANCE Jack Ingalls, 14514 Pine Road, stated he is requesting a 7' south side and 5' front yard variance to construct a 16 x 22' garage. Mr. Ingalls presented a letter to read into the record and pictures of the property in question showing the close proximity of the existing buildings. The house may be replaced in the future and need to allow for new construction. Deb Garross presented the information as per memo of November 16, 1989. A hardship is present due to the irregular shape and small lot size. Recommendation from Staff is to approve the 5' front yard and a 5' south side variance. A letter from the DNR was read into the record stating there was no objection to the variance but did question the location of the garage. The second letter was from Home Werk Co., Dennis Johnson, having no objections to the variance. Jean Ingalls, 14514 Pine Road, explained the reason the variance is needed is to allow parking of vehicles beside garage. Comments from the Commissioners were on location of the well and planter on property, other designs considered, and consensus was in favor of the 5' variance for the south side. MOTION BY LOFTUS, SECOND BY ROSETH, TO APPROVE A 5 FOOT SOUTH SIDE AND 5 FOOT FRONT YARD VARIANCE FOR 14514 PINE ROAD, WITH THE CONDITION THAT ALL THE DEBRIS AND THE TIN SHED BE REMOVED. THERE IS A HARDSHIP DUE TO SUBSTANDARD LOT SIZE, AND THE VARIANCE DOES OBSERVE THE SPIRIT AND INTENT OF THE ORDINANCE AND WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD. 4629 Dakota St. S.E., Prior Lake Minnesota 55372 / Ph. (612) 4474230 1 Fax (612) 4474245 PLANNING COMMISSION MEETING NOVEMBER 16, 1989 PAGE 2 Vote taken signified ayes by Roseth, Arnold and Loftus. MOTION CARRIED. ITEM III - VICTOR FORLAND VARIANCE Victor Forland, 16116 Jordan Avenue, stated he wishes to enclose an existing deck with a 3 season porch and needs a 4' south side variance. Deb Garross presented the information as per memo of November 16, 1989. There is no record of a building permit for the deck, therefore a building permit cannot be issued for the three season porch without a variance. Staff recommendation is to approve the 4' south side yard variance. Dan Tousignant speaking for his Mother, Kelly Tousignant, 16130 Jordan Ave., stated that she had no objections to the variance but would like the timbers and rocks that have encroached on her property removed, they have been placed there by owners of 16116 Jordan Avenue through the years. Consensus of the Commissioners was that the encroachment violation is a civil matter and not the jurisdiction of the Planning Commission and could not be used as a condition for the variance. Commissioners were in favor of variance. Ms. Garross stated she received a phone call on November 9, 1989, from Janet 'Ialiant, 2.6121 St. Paul Ave., saying she had no objections to the variance. MOTION BY ROSETH, SECOND BY LOFTUS, TO APPROVE A 4 FOOT SOUTH SIDE VARIANCE FOR BUILDING A THREE SEASON PORCH OVER AN EXISTING DECK. THE PROPOSAL IS NOT OUT OF CHARACTER AND WOULD NOT BE DET1iIMENTAL TO THE GENERAL HEALTH AND WELFARE OF THE NEIGHBORHOOD. Vote taken signified ayes by Roseth, Arnold and Loftus. MOTION CARRIED. ITEM IV - PLANNING COMMISSION RETREAT Discussion followed on the retreat. Consensus of the Commissioners was to go to Scanticon on January 19 -20, 1990. Items for the retreat agenda will be decided at the next meeting. MOTION BY ROSETH, SECOND BY LOFTUS, TO ADJOURN THE MEETING. Vote taken signified ayes by Roseth, Arnold and Loftus. MOTION CARRIED. Meeting adjourned at 8:55 P.M. Deb Garross Rita M. Schewe Assistant City Planner Recording Secretary am i, SUBJECT: APPLICANT: SITE: DATE: PLANNING REPORT INTRODUCTION: "VA31PC" Lakeshore Variance, Coverage Ratio Variance Scott Shanesy 3000 Fairview Road December 7, 1989 To consider a 17 fo,it lakeshore variance and a 2% coverage ratio variance to construct a 12 X 22 foot deck at 3000 Fairview Road. STAFF ANALYSIS: The applicant has proposed to construct a 12 X 22 foot deck and stairs to the front of his lakeshore home. The home was constructed in 1984 with a 5 foot side yard and 2 foot lakeshore variance. The existing home is a split entry with existing patio doors facing the lake. A small deck has been constructed (at most 4 X 6), as the result of a positive variance consideration in 1984. In October of 1984, the Planning Commission granted a variance to construct a deck to Fairview Properties. The variance permitted the applicant to construct a deck not to exceed 144 sq. feet and not to encroach upon the west side yard setback or the utility easement and to observe the varied east side yard setback of 5 feet. The applicant now desires to approximately double the size of the deck, encroaching about 6 feet into the utility easement. City Asbuilt plan indicates that both sewer and water lines exist in that easement. The water line is about 5 feet from the southern boundary of the easement which would put it under the proposed deck. The City Engineer has reviewed the plans and has objected to the variances. However, City Engineer Anderson has stated that an 8 foot deck could be constructed with a small amount of encroachment into the easement, contingent that all support posts are no more that 5 feet from the house. The resulting dimension would be a rectangular 8 X 22 foot deck. Mr Anderson's recommendation would add about 22 square feet to the deck that was permitted in 1984. Planning Staff has no objection to this minor adjustment since it would improve the visual impressions and architecture of the house (attached please find a 1984 variance application and Staff analysis). St aff Recommendation: Deny the request to construct a 12 X 22 foot deck but recommend granting an additional 2 foot lakeshore variance for a maximum 13 foot lakeshore variance to construct an 8 X 22 deck and adjacent stairway subject that supports for the deck be placed no more than 5 feet from the foundation of the house. 4629 Dakota St. S.E.. Prior Lake Minnesota 55372 / Ph. (612) 4474230 1 Fax (612) 4474245 Y 1J ,f - u •, Applicant: _ Y k ____Home Phone; L Y Address; work Phone: Property Owner: Har Phone: Address: work Plane: Type of Ownership: Fee Contract Purchase Agreement Coru:ultant/COntractor • Ph o ne : Existing Use Of Property: - P resent Proposed Use of Property: DEeic Pea /an Legal Description / of Variance Site:�aL Fu 77 Variance Requested: Has the applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it? d es What was requested: When: Disposition: Describe the type of improvements proposed: 49 -5r" -'E df �c�sfi c vm- rcSION REDUIR_MMM (A)COnpleted 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)CcWlete legal description 6 Property Identification Number (PID). (E)Deed restrictions, if applicable. (F)An area map at 1 available 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 COMPLETE APPLICATIONS SHALL BE RL% BY THE PLANNING COHNISSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies requirements for variance procedures. I agree to provide information and follow the procedures as outlined in the Ordinance. 0 5 4lic�ant Signature ` Submitted this Lday of AU,) ✓ 1 9 0 Foe Owners Signature T1tIS SPACE IS TO BE FITI D OUT By THE PLANNING DIREC1l7R PLANNING OWISSION __ APED - -- DENIED DATE OF HEARING CITY COUNCIL APPEAL __ APPROVED _.W DENIM DATE OF BEARING CONDITIONS: Zoning: / // Signature of the Planning Director Date Valley Engineering Co., Inc. r a lent N] -2A70 ew W. $ .o X e Kf e,.r.� ew. yr.. er....n wm WRVEY PFEPAMD FOR: SCHWEICH CAN ST 17070 REVERE WAY PRIOR LAKE, MN. 55372 �P CLk Adi.fa kcf � 199V xb"'.CG G: J oewnas toe e, mtyytlal BPJIW, Swot minty, xtne ' elm *wing tlw 1 mp. hw beat . 20 b rktf —w iiiio . Fitt Lna w yep > n ea von M °1 pI n NyN ii ww 1 Il, t iw" Awl wM Wray. N� s y�� AOn w �Piwv , M wM � I M l tw„ Lww � Owigw www ow sm ftw 6 2 /l, Teww ft l4y M yYwl Ael, level yrw.swn. u os /w /w wr � r_vi -ter ly�Mglp i FlLE so � �! z . 0009 IN! ►Aor l? H , 1 z8 The Planning Commission meets on the first and third Thurdsay of each month. All applications must be completed and sub - City of Prior Lake miffed 10 days prior to the meeting it will be considered on. Application For Variance Information Applicant: FAIRVIEW PROPERTIES Phone: 447 -2131 Address: 16A70 Franklin Trail Southeast Prior Lake Minnesota 5 5372 - Property Owner: Same as Applicant Phone: Address: Type of Ownership: x Fee Contract Purchase Agreement Consultant /Contractor: Schweich Construction, Inc. Phone: 447 -2663 Existing Use Present of Property: Single Family Residential Zoning: Rl Proposed Use Parcel of Property: Single Family Residential No: Location of Requested Variance: Lot 4, FAIRVIEW BEACH (3000 Fairview Beach) Variance Requested: Variance of Section 5 -3 -2 (I) to permit the construction of a 12' x 12' der extending from dining room on main floor (see attached drawing) Has the applicant previously sought to plat, rezone, obtain a variance or Conditional Use Permit on the subject site or any part of it?: NoO Yes® What was requested: Reduce side set back adjacent to walkway to 5 feet When: Spring 1984 Disposition: Approved Describe the type of improvements proposed: 12' x 12' wood deck Describe the type of undue hardship which exists based upon circumstances unique to the property: This i,& smalle lot (126' deep), but the request is consistent with neighborhood and will not be environ- mentally harmful or adverse to adjacent property owners or public generally. Submission Requirement 00 (A.)Completed application form. (B.)Filing Fee f� (C.)Certified from abstract firm, names and addresses of pro- perty owners within 100 feet of the exterior boundries of the subject property. (D.)Complete legal description. (E.)Deed restrictions, if applicable. (F.)An area map at 1 "- 200' available from the City Engineering Section showing: ex- isting topograph, utilities, lot boundries, building easements and soil test data if pertinent within 300 feet. (G,)A parcel map at 1 "- 20' -50' showing: The site devolpment plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. The above items shall be submitted unless clearly not applicable and of no value in the review of this request. Only complete applications shall be reviewed by the Board of Adjustments. Items B, D, F and G are attached or Submitted this day Of included herein. Item C is already on FAIF file with the City. Item E does not — apply to this Application. 19 -bL If within one year from the date of granting a variance upon recommendation of the io substantial progress has not been made to implement it's purpose, the Board of Adjustments shall declare the variance null and void. �\ Motion by Roseth to deny the variance request as presented for Lot i Fairview Beach but approve a 9 foot lakeshore variance for a wood deck not to exceed 144 sq. ft. and not encroach upon the west side property line or utility easement and observe the east side yard setback of 5 feet since it is not detrimental to the area, seconded by Larson. Upon a vote taken, the motion was duly passed. V8gA CITY OF PRIOR LAKE VARIANCE - FAIRVIEW PROPERTIES October 4, 1984 SUBJECT .. To consider a 15 foot lakeshore variance for Lot 4 Fairview Beach. STAFF ANALYSIS The applicant is proposing to construct a 12 % 12 foot wood deck to the north side of a home currently under construction in Fairview Beach. Earlier this.year Schweich Construction received a 5 foot side yard variance 'to build within 5 feet of an existing 10 foot walkway which is dedicated to backlot owners for lake access. Access to the subject site 1s by a 20 foot private road. In general the Fairview Beach neighborhood is one of the older areasof the community and is currently zoned R -1 single family residential. Much of the residential construction in this area is of an older vintage type home, remodeled cabins and some newer construction. The City has a 20 foot sanitary sewer and watermain easement over the front of the subject site. Easements are acquired by the City in such locations as to offer the most designed and structure lo- cation flexibility for the owner. In this case it is unfortunate that a corner of the proposed deck infringes on the utility easement. In this case however, both sewer and water line are in place. The water line is within a few inches of the northwest corner of the deck. If maintenance of the pipe is necessary the City would be placed in a position to move the deck or possibd•• even pay for a new deck. Under these circumstances it should nit be constructed In the easement. STAFF RECOMMENDATION This application should be denied since it has been a long standing allow policy of the City not to construction Furthermore, futu a maintenance ofthe water pipe will the City i n a financial law situation whereby having to replace or alter the proposed deck. (612) 447.4230 4629 DAKOTA STREET &E. P.O. BOX 359 PRIOR LAKE, MINNESOTA 56372 - 79 cis .- jp- 23 4& E� 24 if M - �,-VALC YWY111AKI 9 a. V I 04 35 xerw. O Valleg Engineering Co, Inc 161 a1 .Q 2070 a aw. nnm [H• mnv n.0 SKETOM PREPARED FOR: ►.�' SCHWEICH CONST 17070 REVERE WAY SPRE S+ v. PRIOR LAKE, MN. 55372 (iME I� 1z' x 1Z' Ix Aso 1 . I K \ � 1 �� I to n. 5° 5o' ` a' 4 }I F I Mw.. . w ow ✓....... , 1i 00 P1p1 I,, Y f >. . tfSOltITadl tot f. TNINId MN:Il Scott mat" M aIma,ts, aim Nwuq tia F I,wn laeatlm. 10 20 i 0 I SCALE IN FEET . 0.nmtt bon PmxmwK Gana. •n,n.r.,.. im. m1w.r..., r .. 1 S I ' V 1q [w"j A ~RM ►rt L LOW IE /wN or ' Ma M 14h""M. G Otb r. e I - ao Itq NO 10197 • .. - rue w 450o moo ammoloft "AM11PC" PLANNING REPORT SUBJECT: ZONING ORDINANCE AMENDMENT - 4.1P HOUSE MOVING DATE: DECEMBER 7, 1989 FROM: PLANNING DEPARTMENT INTRODUCTION The purpose of this public hearing is to consider an amendment to Zoning Ordinance 83 -6, Section 4.1P House Moving and Prior Lake City Code Section 5 -4 -1P House Moving. The existing regulations prohibit the moving of structures within or into the City. The City Attorney informed the Planning Department that according to State Statute the City has to allow "Residential buildings" to be moved into the city if they meet all building code requirements. The proposed amendment will allow residential structures to be moved into, within or out of the City Limits. The following paragraphs will show the existing and proposed language of Section 4.1P of the Zoning Ordinance. Proposed language will be in upper case letters. Existina Lanauaae (P) Houses or other structures shall not be moved into or within the City Limits, however, houses or other structures may be moved out of the City Limits. The site of any structure or house that is moved out of the City Limits must be backfilled to match existing grades with suitable materials. The site shall be planted and reclaimed simultaneously with the move of the structure. A permit to move the structure shall be filed with the City of Prior Lake in conjunction with a letter of credit in the amount equal to the cost of backfilling, planting, and reclaiming the site. Structures in transit may be transported through the City of Prior Lake provided that required permits are obtained from the City prior to transportation of the structure through the City. Structures and houses shall be moved between the hours of 1:00 AM and 5:00 AM. Proposed Lanauaae (P) RESIDENTIAL BUILDINGS MAY BE MOVED INTO WITHIN OR OUT OF THE CITY LIMITS, PROVIDED THAT ANY RELOCATED RESIDENTIAL BUILDINGS COMPLY WITH ALL ORDINANCES OF THE CITY OF PRIOR 4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax(612)4474245 LAKE, INCLUDING ORDINANCES RELATING TO ARCHITECTURAL DESIGN AND MATERIALS. THE SITE OF ANY RESIDENTIAL BUILDING THAT IS MOVED OUT OF THE CITY LIMITS MUST BE BACKFILLED TO MATCH EXISTING GRADES WITH SUITABLE MATERIALS. THE SITE SHALL BE PLANTED AND RECLAIMED SIMULTANEOUSLY WITH THE MOVE OF THE STRUCTURE. A PERMIT TO MOVE THE STRUCTURE SHALL BE FILED WITH THE CITY IN CONJUNCTION WITH A LETTER OF CREDIT IN AN AMOUNT TO BE DETERMINED ANNUALLY BY THE CITY COUNCIL. STRUCTURES IN TRANSIT MAY BE TRANSPORTED THROUGH THE CITY PROVIDED THAT REQUIRED PERMITS ARE OBTAINED FROM THE CITY PRIOR TO TRANSPORTATION OF THE STRUCTURE THROUGH THE CITY. RESIDENTIAL BUILDINGS SHALL BE MOVED BETWEEN THE HOURS OF ONE O'CLOCK (1:00) A.M. AND FIVE O'CLOCK (5:00) A.M. The recommendation from staff is to approve the amendment and recommend City Council adoption in order that the zoning ordinance be compliant with Minnesota State statute. "AM11PN" N OTICE OF ZONING ORDINANCE AMENDMENT 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, December 7, 1989 at 8:45 p.m. The purpose of the hearing is to consider an amendment to Zoning Ordinance 83 -6, Section 4.1P House Moving and Prior Lake City Code Section 5 -4 -1P House Moving. The existing regulations prohibit the moving of structures within or into the City. The proposed amendment will allow residential structures to be moved into, within or out of the city limits. The following paragraph is the proposed language of the amendment: 4.1(P) Residential buildings may be moved into, within or 5- 4 -1(P) out of the City limits, provided that any relocated residential buildings comply with all ordinances of the City of Prior Lake, including ordinances relating to architectural design and materials. The site of any residential building that is moved out of the City limits must be backfilled to match existing grades with suitable materials. The site shall be planted and reclaimed simultaneously with the move of the structure. A permit to move the structure shall be filed with the City in conjunction with a letter of credit in the amount of $5,000. Structures in transit may be transported through the City provided that required permits are obtained from the City prior to transportation of the structure through the City. Residential buildings shall be moved between the hours of one o'clock (1:00) a.m. and five o'clock (5:00) a.m. 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, ontact the Prior Lake Planning Department at 447 -4230. Deb Garross Assistant City Planner To be published in the Prior Lake American on Monday November 27 and Monday December 4, 1989. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 1 Fax (612) 4474245 "AM09PC" PLANNING REPORT SUBJECT: ZONING ORDINANCE AMENDMENT - SECTION 7.3 DATE: DECEMBER 7, 1989 FROM: STAFF INTRODUCTION• The purpose of this public hearing is to consider an amendment to Zoning Ordinance 83 -6, Section 7.3 Board of Adjustment; 7.6 Variances and Prior Lake City Code Section 5 -6 -3 Board of Adjustment and 5 -6 -6 Variances. The amendment will add a specific appeal process whereby decisions of the Planning Commission may be appealed to the City council. This amendment defines the Planning Commission as the Board of Adjustment for variance applications. Any appeal will follow a specific process where the City Council will hear the appeal and make its decision by resolution. The Zoning Ordinance and City Code are proposed to be amended with the following paragraphs. Proposed language is typed with upper case letters. Existing Language: 5 -6 -3: BOARD OF ADJUSTMENT: The Planning Commission shall 7.3 act as the Zoning Board of Adjustment with identical composition, membership, officers and terms of office with the following duties: (A) Hear, review and authorize variances from the requirements of this ordinance and to attach such conditions to the variance as it deems necessary to assure compliance with the purpose of this Ordinance. The decision of the Board of Adjustment may be appealed to the City Council. (B) Hear and review all applications for Conditional Use Permits provided for within this Ordinance. 5 -6 -6 The Board of Adjustment shall, within thirty 430) 7.6 days of submittal of all required exhibits, recommend approval, denial or conditional approval. 4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 Propose,! Language: 5 --c -3 BOARD OF ADJUSTMENT: THE PLANNING COMMISSION SHALL 7.3 ACT AS THE ZONING BOARD OF ADJUSTMENT WITH IDENTICAL COMPOSITION, MEMBERSHIP, OFFICERS AND TERMS OF OFFICE WITH THE FOLLOWING DUTIES: (A) HEAR, REVIEW AND AUTHORIZE VARIANCES FROM THE REQUIREMENTS OF THIS TITLE AND TO ATTACH SUCH CONDITIONS TO THE VARIANCE AS IT DEEMS NECESSARY TO ASSURE COMPLIANCE WITH THE PURPOSE OF THIS TITLE. THE DECISION OF THE BOARD OF ADJUSTMENT MAY BE APPEALED TO THE CITY COUNCIL BY THE CITY COUNCIL, THE PROPERTY OWNER OR AGENT OR ANY OTHER PERSON AGGRIEVED BY THE DECISION OF THE BOARD OF ADJUSTMENT. THE PARTY APPEALING THE BOARD OF ADJUSTMENT'S DECISION SHALL FILE WITH THE CITY MANAGER A NOTICE OF APPEAL STATING THE SPECIFIC GROUNDS UPON WHICH THE APPEAL IS MADE WITHIN FIVE (5) DAYS AFTER THE DATE OF THE ORDER OF THE BOARD OF ADJUSTMENT GRANTING OR DENYING THE VARIANCE. THE CITY COUNCIL WILL THEN HEAR SUCH APPEAL AND SHALL MAKE ITS DECISION BY RESOLUTION WITHIN A REASONABLE TIME AFTER THE DATE OF THE CITY COUNCIL HEARING OR ANY OTHER CONTINUED HEARING. NO BUILDING PERMIT SHALL BE ISSUED UNTIL THE APPEAL PERIOD HAS EXPIRED OR, IF AN APPEAL IS TAKEN, UNTIL THE CITY COUNCIL HAS MADE A DECISION. (B) ACT IN A PURELY ADVISORY MANNER TO THE CITY COUNCIL IN ALL CASES EXCEPT VARIANCES, AND SPECIAL EXCEPTIONS, PROVIDED FOR WITHIN THIS TITLE, AND TRANSMIT ITS RECOMMENDATION IN WRITING WITHIN SIXTY (60) DAYS AFTER A HEARING OR CONTINUED HEARING TO THE CITY COUNCIL FOR FINAL ACTION. EXISTING LANGUAGE: 5 -6 -6 The Board of Adjustment shall, within thirty (30) 7.6 days of submittal of all required exhibits, recommend approval, denial or conditional approval. Proposed Language: THE BOARD OF ADJUSTMENT SHALL, WITHIN THIRTY (30) DAYS OF SUBMITTAL OF ALL REQUIRED EXHIBITS, APPROVE, DENY, OR CONDITIONALLY APPROVE THE VARIANCE APPLICATION. RECOMMENDATION• The recommendation from staff is to approve the amendment to the Zoning Ordinance as proposed. This amendment will enhance the role of the Planning Commission and the appeal process will be defined and equitably applied for all applications. "AM09PN" NOTICE OF ZONING ORDINANCE AMENDMENT 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, December 7, 1989 at 9:00 p.m. The purpose of the hearing is to consider an amendment to Zoning Ordinance 83 -6, Section 7.3 Board of Adjustment; 7.6 Variances and Prior Lake City Code Section 5 -6 -3 Board of Adjustment and 5 -6 -6 Variances. The amendment will add a specific appeal process whereby decisions of the Planning Commission may be appealed to the City Council. The Zoning Ordinance and City Code are proposed to be amended with the following paragraphs: 5 -6 -3: BOARD OF ADJUSTMENT: The Planning Commission shall 7.3 act as the Zoning Board of Adjustment with identical composition, membership, officers and terms of office with the following duties: (A) Hear, review and authorize variances from the requirements of this Title and to attach such conditions to the variance as it deems necessary to assure compliance with the purpose of this Title. The decision of the Board of Adjustment may be appealed to the City Council by the City Council, the property owner or agent or any other person aggrieved by the decision of the Board of Adjustment. The party appealing the Board of Adjustment's decision shall file with the City Manager a notice of appeal stating the specific grounds upon which the appeal is made within five (5)days after the date of the order of the Board of Adjustment granting or denying the variance. The City Council shall then hear such appeal and shall make its decision by resolution within a reasonable time after the date of the City Council hearing or any continued hearing. No building permit shall be issued until the appeal period has expired or, if an appeal is taken, until the City Council has made its decision. (B) Act in a purely advisory manner to the City Council in all cases except variances, and special exceptions, provided for within this Title, and transmit its recommendations in 4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 writing within sixty (60) days after a hearing or continued hearing to the city Council for final action. 5 -6 -6 The Board of Adjustment shall, within. thirty (30) days 7.6 of submittal of all required exhibits, approve, deny or conditionally approve the variance application. 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, ntact the Prior Lake Planning Department at 447 -4230. Deb Garross Assistant City Planner To be published in the Prior Lake American on Monday November 27 and Monday December 4, 1989. "AMO8PC" PLANNING REPORT SUBJECT.': SUBDIVISION ORDINANCE AMENDMENT - SECTION 6- 6 -8(A) DATE: DECEMBER 7, 1989 FROM: STAFF INTRODUCTION• The purpose of this public hearing is to consider an amendment to the Subdivision ordinance 87 -10, Section 6- 6 -8(A) Park Dedication, and Prior Lake City Code Section 6- 6 -8(A) Park Dedication in order to make each Section compliant with applicable Minnesota Statutes. The City Attorney has informed staff of this change and has provided staff with the necessary language to make the ordinance compliant with state statute. The only change between the existing and proposed language is that the proposed amendment allows the City to require a developer to dedicate land for conservation purposes as well as for public use. This will allow the opportunity to dedicate wetlands, ponding areas, and parks and have this dedication as part of the subdivision. The Subdivision Ordinance and City Code are proposed to be amended with the following paragraphs. Proposed language is typed with upper case letters. Existing Language: (A) The owners of any land being subdivided for residential, commercial, industrial or other uses or as a planned unit development shall dedicate a reasonable portion of land to the public for public use as parks, playgrounds, trails, or public open space. The city has determined the land dedication requirement to be equivalent to ten percent (10 %) of the gross area of the subdivision. The composition of land required will be determined in accordance with the formula found in Section 6- 6 -8(E), or as determined by the City to be in the public interest and reasonably necessary for such uses and needs as a result of approval of the subdivision. Proposed Language: (A) THE OWNERS OF ANY LAND BEING SUBDIVIDED FOR RESIDENTIAL, COMMERCIAL, INDUSTRIAL OR OTHER USES OR AS A PLANNED UNIT FOR DEVELOPMENT SHALL TO CCONSERVATION PURPOSES FOR E PUBLIC T USE P AS LI PARKS, P PLAYGROUNDS, TRAILS, WETLANDS OR PUBLIC OPEN SPACE A REASONABLE PORTION OF THE SUBDIVIDED LAND. THE CITY HAS DETERMINED THE LAND DEDICATION REQUIREMENT TO BE EQUIVALENT TO TEN PERCENT (10 %) OF THE GROSS AREA OF THE SUBDIVISION. THE COMPOSITION OF LAND REQUIRED WILL IN WILL SECTION E 6 6E8(E), OR ASNDETERMINEDCBY WITH THE CITY F TO E F IN ND THE PUBLIC INTEREST AND REASONABLY NECESSARY FOR SUCH USES AND NEEDS AS A RESULT OF APPROVAL OF THE SUBDIVISION. 4629 Dalrota St. S.E., Prior Lake, Minnesota 55372 1 Ph. (612) 4474230 I Fax (612) 447 -4245 RECOMMENDATION• The recommendation from staff is to approve the amendment as proposed so that our subdivision Ordinance is compliant with Minnesota State Statute. "AMOBPN" NOTICE OF SUBDIVISION ORDINANCE AMENDMENT 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, December 7, 1989 at 9:15 p.m. The purpose of the hearing is to consider an amendment to Subdivision Ordinance 87 -10, Section 6- 6 -8(A) Park Dedication, and Prior Lake City Code Section 6- 6 -8(A) Park Dedication in order to make each Section compliant with applicable Minnesota Statutes. The Subdivision Ordinance and City Code are proposed to be amended with the following paragraph: (A) The owners of any land being subdivided for residentiai, commercial, industrial or other uses or as a planned unit development shall dedicate to the public or preserve for conservation purposes or for public use as parks, playgrounds, trails, wetlands or public open space a reasonable portion of the subdivided land. The City has determined the land dedication requirement to be equivalent to ten percent (10 %) of the grose area of a subdivision. The composition of land required will be determined in accordance with the formula found in Section 6- 6 -8(E), or as determined by the City to be in the public interest and reasonably necessary for such uses and needs as a result of approval of the subdivision. 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, c ntact the Prior Lake Planning Department at 447 -4230. D G os 's s Assistant City Planner To be published in the Prior Lake American on Monday November 27 and Monday December 4, 1989. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fm(612)4474245 "AM10PC" PLANNING REPORT SUBJECT: CITY CODE AMENDMENT - SEC 2 -3 -4 DUTIES OF COMMISSION DATE: DECEMBER 7, 1989 FROM: PLANNING DEPARTMENT The purpose of this item is to discuss a future City Council Amendment to Prior Lake City Code Section 2 -3 -4 of Title 2, Chapter 3. The City Council desires that the Planning Commission prepare year end summary reports of variance activity within the community. The year end summary report of variance activity will give the City Council a better understanding of the variance activity in the community. Since most variances are not considered by the City Council, this summary will keep Councilmembers abreast of variance activity within the City. The City Code is proposed to be amended with the following paragraph which requires the Prior Lake Planning Commission to prepare annual reports as directed by the City Council. Proposed language will be typed with upper case letters. Proposed Language (H) TO PREPARE AND SUBMIT TO THE CITY COUNCIL WITHIN SIXTY (60) DAYS OF THE END OF THE CALENDER YEAR A SUMMARY REPORT OF ALL VARIANCES GRANTED TO APPLICANTS FROM JANUARY 1 THROUGH DECEMBER 31 OF THAT CALENDER YEAR. THE SUMMARY REPORT SHALL CONTAIN SUCH INFORMATION AS DEEMED NECESSARY AND REQUESTED BY THE CITY COUNCIL. RECOMMENDATION: This item is for discussion purposes only. No formal action is required. 4629 Dako -a S.. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 "AM10PN" NOTICE OF PRIOR LAKE CITY CODE AMENDMENT You are hereby notified that the City Council will hold a Public Hearing in the Prior Lake City Council Chambers at 4629 Dakota Street S.E., on Monday, December 18 1989 at 8:00 p.m. The purpose of the hearing is to consider an amendment to Prior Lake City Code Section 2 -3 -4 of Title 2, Chapter 3 in order to make the Section compliant with applicable Minnesota Statutes. The City Code is proposed to be amended with the following paragraph which requires the Prior Lake Planning Commission to prepare annual reports as directed by the City Council: (H) To prepare and submit to the City Council within sixty (60) days of the end of the calendar year a summary report of all variances granted to applicants from January 1 through December 31 of that calendar year. The summary report shall contain such information as deemed necessary and requested by the City Council. If you desire to be heard in reference to this matter, you should attend this hearing. The City Council will accept oral and or written comments. If you have questions regarding this matter, contact the Prior Lake Planning Department at 447 -4230. Deb Ga`lh as Assistant City Planner To be published in the Prior Lake American on Monday, December 4 and 11, 1989. 4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 REGULAR PLANNING COMMISSION MEETING AGENDA DECEMBER 21, 1989 7:30 P.M. CALL TO ORDER 7:30 P.M. REVIEW MI&nW OF PREVIOUS MEETING 7 :35 P.M. HEARING VARIAN 00E7TINUATION SOYrr SHANFS7 8:00 P.M. HEARING ODNTDVUED ZCNING CODE AMENDMENT STAFF 8:30 P.M. DISCUSSION CN ECONOMIC DEVELtRIINT COM. JIM HILL AND. UPDATE ON SUPER VALUE KAY SCHUDLACH * 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. SE, Prior Lake Minnesota 55372 1 Ph. (612) 4474230 / Fax (612) 4474245 PLANNING COMMISSION MINUTES DECEMBER 7, 1989 The December 7, 1989, Planning Commission Meeting was called to order at 7:30 P.M., by Chairman Kedrowski. Those present were Commissioners Wells, Arnold, Roseth, Loftus, Kedrowski, Director of Planning Horst Graser, Planning Intern Gary Schmitz, and Secretary Rita Schewe. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY ROSETH, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Roseth, Arnold and Loftus. Commissioners Welds and Kedrowski abstained as they were not present at the November 16, 1989, Planning Commission Meeting. ITEM II - BY -LAW DISCUSSION BY STAFF Mr. Graser presented information on the second draft of the By -Law changes which were discussed and formulated. Additional changes were suggested. By -Laws were tabled until the next Planning Commission Meeting. Recess called at 8:12 P.M. Meeting recalled to order at 8:15 P.M. ITEM III - SCOTT SHANESY VARIANCE Scott Shanesy, 3000 Fairview Road, stated that he is requesting a 17 foot la shore and a 2% coverage ratio variance in order to construct a 12 X 22 foot deck. The existing deck is 4 X 6 and not usable with furniture. The deck would be an improvement to his property and would fit in with the character of the neighborhood. Mr. Shanesy stated he would be willing to sign a document assuming all costs and responsibilities in the event the water or sewer lines had to bs excavated for repairs, as the deck would encroach on the utility easements. Horst Graser presented the information as per memo of December 7, 1989. The proposed deck would encroach 6 feet into the utility easement. City Engineer Larry Anderson has objected to the variances and suggested an 8 X 22 deck be constructed. Staff recommendation is to deny the request to construct a 12 X 22 deck but recommend granting an additional 2 foot lakeshore variance to build an 8 X 22 deck. Another alternative would be to have a document drafted stating the applicant would take all responsibilities for repair work on water and sewer line excavation. Comments from the Commissioners were on the consideration of a document, allowing an exception would set a precedent, responsibility of costs, substandard lot, document would transfer to new owner if house is sold and Staff to check other decks in the neighborhood. 4629 Dakota St. SE, Prior Lakg Minnesota 55372 1 Ph. (612) 4474230 I Fm(612)4474245 PLANNING COMMISSION MEETING MINUTES DECEMBER 7, 1989 PAGE 2 MOTION BY KEDROWSKI, SECOND BY ARNOLD, TO CONTINUE THE VARIANCE APPLICATION FOR 3000 FAIRVIEW ROAD UNTIL THE NEXT PLANNING COMMISSION MEETING ON DECEMBER 21, 1989, AT 7:35 P.M., TO ALLOW THE APPLICANT TIME TO HAVE A DOCUMENT PREPARED ASSUMING ALL LIABILITY. Vote not needed at this time. ITEM IV - PUBLIC HEARING ZONING ORDINANCE AMENDMENT SEC. 4.1P Public Hearing was called to order at 9:05 P.M. by Chairman Kedrowski. Public was in attendance. Gary Schmitz presented information as per memo of December 7, 1989. An amendment is proposed which would allow residential structures to be moved into Prior Lake. The City Code amendment is proposed to be in compliance with the Minnesota State Statue. Recommendation from Staff is to adopt the amendment change. THE MOTION BY ARNOLD, ORDINANCE AMENDMENT TO HOUSE ASPPRESENTED. ZONING Vote taken signified ayes by Roseth, Wells, Arnold, Kedrowski and Loftus. Public Hearing adjourned at 9:17 P.M. ITEM V - PUBLIC HEARING ZONING ORDINANCE AMENDMENT SEC. 7.3 Public Hearing was called to order at 9:17 P.M. by Chairman Kedrowski. Public was in attendance. Gary Schmitz presented information as per memo of December 7, 1989. The proposed amendment change is to add a specific appeal process to Zoning Ordinance 83 -6, Section 7.3 Board of Adjustment, 7.6 Variances. Questions were raised on the definition of five (5) days be it working days or calendar days. Staff will check with the City Attorney to clarify the definition. MOTION BY KEDROWSKI, SECOND BY ARNOLD, TO TABLE THE ZONING ORDINANCE AMENDMENT TO SECTION 7.3 UNTIL THE PLANNING COMMISSION MEETING ON DECEMBER 21, 1989, AT 8:00 P.M. Public Hearing adjourned at 9:31 PM. Vote not called for. ITEM VI - PUBLIC HEARING PARK DEDICATION SECTION 6 -6 -8 (A) Public Hearing called to order by Chairman Kedrowski at 9:31 P.M. Public was in attendance. PLANNING COMMISSION MEETING MINUTES DECEMBER 7, 1989 PAGE 3 Gary Schmitz presented the information as per memo of December 7, 1989. The proposed amendment change is for Subdivision Ordinance 87 -10, Section 6- 6 -8(A) Park Dedication, to allow lands to be dedicated for conservation purposes as well as public use. This change will make the ordinance compliant with the Minnesota State Statute. Staff's recommendation is to approve the proposed amendment. Ray Peterson, 13901 Canterbury Drive, objected to the amendment change. He felt it would cause a hardship to him and opposes the fact that the government takes a portion of his land. Discussion followed on the benefits of the park dedication amendment. MOTION BY ARNOLD, SECOND BY ROSETH, TO APPROVE THE PROPOSED AMENDMENT CHANGE TO SECTION 6- 6 -8(A) PARK DEDICATION. Vote taken signified ayes by Roseth, Wells, Kedrowski, Arnold and Loftus. Public Hearing closed at 9:57 P.M. Recess called at 9:57 P.M. Meeting called to order at 10:07 P.M. ITEM VII CITY CODE AMENDMENT SECTION 2 -3 -4 DUTIES OF COMMISSION ' Gary Schmitz presented the information as per memo of December 7, 1989. The purpose of this item is to discuss a future amendment to the Prior Lake City Code which would require the Planning Commission to prepare an annual report of variance activity as directed by the City Council. Discussion closed at 10:11 P.M. ITEM VIII - PLANNING COMMISSION RETREAT Discussion followed on agenda items for the Retreat scheduled for January 19 and 20, 1990, at Scanticon Conference Center. Friday evening will be a problem solving session. A speaker will be scheduled for Saturday morning. Stephan Tanner or Kay Schmudlach will be contacted as possible speakers. MOTION BY ARNOLD, SECOND BY WELLS, TO ADJOURN MEETING. Vote taken signified ayes by Wells, Arnold, Roseth, Kedrowski and Loftus. Meeting adjourned at 10:30 P.M. Hall. Tapes of meeting on file at City Horst Graser Director of Planning Rita M. Schewe Secretary MEMORANDUM TO: PLANNING COMMISSION FROM: HORST GRASER RE: CONTINUATION OF SCOTT SHANESY LAKESHORE VARIANCE DATE: DECEMBER 21, 1989 At the December 7, 1989, Planning Commission meeting, Mr. Shanesy I before the Commission to request a Lakeshore variance. Yn addition to the 17 foot lakeshore variance, the applicant also requested a departure from the City policy to construct his proposed deck in a utility easement. The Commission continued the hearing to December 21, 1989 at 7:35 P.M. in order for Staff to discuss options for deviating from current city policy of not allowing structures in utility easements. I have discussed the proposal of a contractual agreement with the City Engineer Anderson. He is of the opinion that any permanent structure in utility easements especially where both sewer and water lines exit, would compromise access and will not be allowed. This proposal would not only restrict access but also any maintenance requirements because the deck would project over the water main. The policy governing easements has been in place for many years. This 1s a valid needed policy for maintaining City utility systems similar to all other communities. Under the circumstances the Planning Commission has no choice but to restrict the deck to 8 feet as per Staff recommendation. Since the issue is a mute point I did not take an inventory of other possible encroachments into the easement in this neighborhood as directed by Planning Commission. 4629 Dakota St. SE. Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 "AM09TB" PLANNING REPORT SUBJECT: ZONING ORDINANCE AMENDMENT - SECTION 7.3 DATE: DECEMBER 21, 1989 FROM: PLANNING DEPARTMENT On December 7, 1989 a public hearing was held to consider a Zoning Ordinance Amendment to Section 7.3 and 7.6 which defines the duties, and appeal process on variance decisions, for the Board of Adjustment. At the hearing the Planning Commission had several questions concerning the amendment. The item was tabled until these questions could be answered. (Attached for your reference is the Dec. 7, 1989 Planning Report which outlines the proposed amendment.) DISCUSSION• The questions asked at the public hearing concerned the overall appeal process on variance decisions. The first question concerned the length of time an appeal can be filed after a decision is made by the Board of Adjustment. The Planning Commission questioned if the 5 day appeal period meant 5 working days or simply 5 days. The City Attorney recommends five working days as a sufficient length of time to file an appeal. The second question concerned the variance appeal procedures for the City Council. In the proposed amendment language the decision of the Board of Adjustment may be appealed to the City Council by the City Council. The Planning Commission questioned whether a Councilmember, alone, could appeal a decision for the entire Council or does the City Council have to make the decision to appeal as a unified body. Research into the area found that the City Council must act as a unified body to appeal a variance decision. One Councilmember can't appeal for the entire Council. In the event that the City Council would wish to appeal a Planning Commission decision, they would have the opportunity to call a special meeting and review the issue. This portion of the amendment is drafted correctly and should not be changed. The recommendation from staff is for the Planning Commission to approve the Zoning Ordinance amendment as proposed. The word "workingn should be incerted after five (5) in order to indicate that the appeal period will consist of five (5) working days after the Planning Commission decision. 4629 Dakota St. SE, Prior Lake Minnesota 55372 / Ph. (612) 4474230 1 Fax (612) 4474245 "AM09PC" PLANNING REPORT SUBJECT: ZONING ORDINANCE AMENDMENT - SECTION 7.3 DATE: DECEMBER 7, 1989 FROM: STAFF INTRODUCTION: The purpose of this public hearing is to consider an amendment to Zoning Ordinance 83 -6, Section 7.3 Board of Adjustment; 7.6 Variances and Prior Lake City Code Section 5 -6 -3 Board of Adjustment and 5 -6 -6 Variances. The amendment will add a specific appeal process whereby decisions of the Planning Commission may be appealed to the City Council. This amendment defines the Planning Commission as the Board of Adjustment for variance applications. Any appeal will follow a spec fic process where the City Council will hear the appeal and'make its decision by resolution. The Zoning Ordinance and City Code are proposed to be amended with the following paragraphs. Proposed language is typed with upper case letters. Existing L a:,: .. uaae: 5 -6 -3: BOARD OF ADJUSTMENT: The Planning Commission shall 7.3 act as the Zoning Board of Adjustment with identical composition, membership, officers and terms of office with the following duties: (A) Hear, review and authorize variances from the requirements of this Ordinance and to attach such conditions to the variance as it deems necessary to assure compliance with the purpose of this Ordinance. The decision of the Board of Adjustment may be appealed to the City Council. (B) Hear and review all applications for Conditional Use Permits provided for within this Ordinance. 5 -6 -6 The Board of Adjustment shall, within thirty (30) 7.6 days of submittal of all required exhibits, recommend approval, denial or conditional approval. 4629 Dakota St SE, Prior lake, Minnesota 55372 1 Ph (612) 4474230 1 Fax (612) 4474245 Proposed Language: 5 -6 -3 BOARD OF ADJUSTMENT: THE PLANNING COMMISSION SHALL 7.3 ACT AS THE ZONING BOARD OF ADJUSTMENT WITH IDENTICAL COMPOSITION, MEMBERSHIP, OFFICERS AND TERMS OF OFFICE WITH THE FOLLOWING DUTIES: (A) HEAR, REVIEW AND AUTHORIZE VARIANCES FROM THE REQUIREMENTS OF THIS TITLE AND TO ATTACH SUCH CONDITIONS TO THE VARIANCE AS IT DEEMS NECESSARY TO ASSURE COMPLIANCE WITH THE PURPOSE OF THIS TITLE. THE DECISION OF THE BOARD OF ADJUSTMENT MAY BE APPEALED TO THE CITY COUNCIL BY THE CITY COUNCIL, THE PROPERTY OWNER OR AGENT OR ANY OTHER PERSON AGGRIEVED BY THE DECISION OF THE BOARD OF ADJUSTMENT. THE PARTY APPEALING THE BOARD OF ADJUSTMENT'S DECISION SHALL FILE WITH THE CITY MANAGER A NOTICE OF APPEAL STATING THE SPECIFIC GROUNDS UPON WHICH THE APPEAL IS MADE WITHIN FIVE (5) DAYS AFTER THE DATE OF THE ORDER OF THE BOARD OF ADJUSTMENT GRANTING OR DENYING THE VARIANCE. THE CITY COUNCIL WILL THEN HEAR SUCH APPEAL AND SHALL MAKE ITS DECISION BY RESOLUTION WITHIN A REASONABLE TIME AFTER THE DATE OF THE CITY COUNCIL HEARING OR ANY OTHER CONTINUED HEARING. NO BUILDING PERMIT SHALL BE ISSUED UNTIL THE APPEAL PERIOD HAS EXPIRED OR, IF AN APPEAL IS TAKEN, UNTIL THE CITY COUNCIL HAS MADE A DECISION. (B) ACT IN A PURELY ADVISORY MANNER TO THE CITY COUNCIL IN ALL CASES EXCEPT VARIANCES, AND SPECIAL EXCEPTIONS, PROVIDED FOR WITHIN THIS TITLE, AND TRANSMIT ITS RECOMMENDATION IN WRITING WITHIN SIXTY (60) DAYS AFTER A HEARING OR CONTINUED HEARING TO THE CITY COUNCIL. FOR FINAL ACTION. EXISTING LANGUAGE: 5 -6 -6 The Board of Adjustment shall, within thirty (30) 7.6 days of submittal of all required exhibits, recommend approval, denial or conditional approval. Proposed Language: THE BOARD OF ADJUSTMENT SHALL, WITHIN THIRTY (30) DAYS OF SUBMITTAL OF ALL REQUIRED EXHIBITS, APPROVE, DENY, OR CONDITIONALLY APPROVE THE VARIANCE APPLICATION. RECOMMENDATION• The recommendation from staff is to approve the amendment to the Zoning Ordinance as proposed. This amendment will enhance the role of the Planning Commission and the appeal process will be defined and equitably applied for all applications. MEMORANDUM TO: PLANNING COMMISSIONERS FROM: HORST GRASER, DIRECTOR OF PLANNING RE: PLANNING COMMISSION MEETING DATE: DECEMBER 28, 1989 Please note, as there are no items on the agenda, the January 4, 1990, Planning Commission Meeting will be cancelled. 4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245