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HomeMy WebLinkAbout1989 January Planning Commission Agenda Packets�anu�R CITY OF PRIOR LAKE PLANNING COMMISSION AGENDA JANUARY 19, 1989 7:30 P.M 7:30 P.M. 7:35 P.M. 7:45 P.M. CALL TO ORDER REVIEW MINUTES OF PREVIOUS MEETING HEARING LAKESHORE 3 SIDEYARD JOHN MEYER SETBACK VARIANCE PUBLIC HEARING REZONING AND WARREN COMPREHENSIVE PLAN ISREALSON AMENDMENT (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 CITY OF PRIOR LAKE PLANNING COMMISSION MINUTES JANUARY 5, 1989 The January 5, 1989 Prior Lake Planning Commission was called to order at 7:30 P.M. by Chairman Wells. Present were Commissioners Arnold, Loftus, Roseth, Wells, City Planner Graser, Assistant City Planner Garross, and City Intern Gary Schmitz. Not present was Commissioner Kedrowski. ITEM I - REVIEW M OF PREVIOUS MEETING MOTION BY ROSETH, SECOND BY ARNOLD, TO APPROVE THE DECEMBER 15, 1988, PLANNING COMMISSION MINUTES AS PRESENTED. Vote taken signified ayes by Commissioners Arnold, Loftus, Roseth and Wells. Commissioner Kedrowski arrived at 7:35 P.M. ITEM II - LAKESIDE MARINA - ZONING CERTIFICATE AMENDMENT -JIM DUNN Clint Chamberlain, President of C.A. Cheney Associates, Marina Designer and Waterfront Developer, 2022 McKenna Blvd. Madison, WI, gave the presentation for Jim Dunn. Mr. Chamberlain commented on the letter that had been sent in October to be placed on public record, (Exhibit A). Application is for 99 slips with no public launching. Mr. Chamberlain reported that the applicants had met with Mr. Mike Mueller of the DNR, to discuss the marina proposal and the DNR felt a compromise could be acheived regarding the number of slips, layout, and elimination of seasonal launching as planned. The DNR recommended that warning safety signs be placed at the end of Pier C, and this would be a condition of any DNR permit issued, also that Pier D be used for rental slips. Mr. Chamberlain was in agreement to Mr. Mueller's requests. Mr. Graser reported that the application for the Amendment of the Lakeside Marina Non - conforming use permit. This issue came before the Commission on February, 1988. The document asked to be amended is the court mandated judgment Settlement Agreement and Stipulation Judgment that was solidified in 1981. Mr. Graser stated that Staff felt that it is a public place and should be kept for the public in reference to the history of the community. (612( 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 PLanning Commission Minutes January 5, 1989 Page 2 Mr. Graser advised the Commissioners that it would be their job to evaluate the land use and land needs relative to the number of docks that the marina can accommodate. The proposed amendments 1 through 12 were outlined by Mr. Graser as presented in the January 5, 1989, memo to the Planning Commission. Mr. Graser commented that all amendments should be subject to the Department of Natural Resources issuing the required permits for the slip and dock expansion. Mr. Graser clarified for the Planning Commissioners that their focus is on the land use and to receive testimony from the public. Chairman Wells read a letter received January 5, 1989 from Alan W. Roberts (Exhibit B) expressing his objection to the marina. Nan Miller - 3647 Garfield Ave. South, Minneapolis - Attorney representing owners of the Townhouse Association voiced concerns on the marina expansion. Ms. Miller felt that adding slips would not benefit the public and the health and welfare of the public would be jeopardized. The value of the property would be changed. The level of the water was also a concern of the homeowners. Sharon Roberts - 16058 Eagle Creek Ave. - resides on the opposite side of the marina and is concerned about safety. Ms. Roberts sited incidents of congestion and hazardous boating activities and is of the opinion that additional slips, even 1, would increase this probelm. Beth Brazier - 16072 Eagle Creek S.E. - voiced her agreement with Ms. Roberts. She felt the expansion would be an unsafe situation and also gave examples of incidents that have happened. Bryce Huemoeller - 16670 Franklin Trail, Prior Lake, Attorney for Lakeside Marina stated that the application is not an expansion of the non - conforming use. The purpose is to convert the nature of activity on the property from one that involves traffic and land intensive activitie s to activities that are less onerous to the property, lake and neighborhood. Mr. Huemoeller felt that it would be a -eduction in overall activity with 99 slips and no public lunching. Mr. Huemoeller stated that most slip renters do not use their boat daily, therefore overall marina activity would likely be reduced if the amendment were approved. He also felt that the Planning Commission need to address the parking ratio and land use situation. Ed Martini - 15840 & 15850 Eagle Creek Ave. - asked for clarification on parking and storage on the 6 acres. He also raised the question of how long would it be before the same issue would be brought before the Planning Commissioners to increase the numbers of slips. Bill Nevin - Scott County Sheriff, Shakopee, MN - commended Mr. Dunn for trying to create a safe situation at the marina but has concerns with the location of Pier C and the traffic. His recommendation is that Pier C be eliminated due to its close proximity to the channel area and Wagon Bridge. in reference made to bouys being placed in the channel, the Sheriff's Department does place them, but due to low water level were unable to keep up with the demand. Planning Commission Minutes January 5, 1989 Page 3 Jim Dunn - Key Place, FL - commented that the application would decrease activity on the water, because the intent is to eliminate unlimited public launching in place of rental patrons, and that boat slip renters take better care of area. Mr. Chamberlain stated that when the new County Road 21 and bridge are built the DNR will re- evaluate the dock configuration and locations and may require a reduction of slips. MOTION BY KEDROWSKI, SECOND BY ARNOLD THAT EACH AMENDMENT BE EXAMINED INDIVIDUALLY. Comments made by the Commissioners on the ar.endments concerned: Clarification of boat trailer parking and slips, proposed detachment of .6 acre, number of docks, dock location and configuration, and a general discussion o: public benefit of more slips. FOR SPECIFIC REFERENCE TO EACH AMENDMENT, SEE APPLICATION AND STAFF MEMO DATED JANUARY 5, 1989. AMENDMENT 1 - Agreed by all AMENDMENT 2 - Opposed, not enough evidence to support separation of northerly .6 acres. It was the consensus of the Commission to keep the entire marina site intact for future use and redevelopment needs. AMENDMENT 3 Agreed by all AMENDMENT 4 - After a lenghty discussion the general consenus was that the number of boats slips should be between 54 and the requested 99. Recommendation to the City Council to state that the additional south 34 feet right of way for County Road 21 and channel location must be respected and marina dock configuration amended accordingly. AMENDMENT 5 - Agreed by all AMENDMENT 6 - Agreed by all AMENDMENT 7 - Agreed by four, Commissioner Loftus opposed the amendment to limiting public launching because he believes lake access should not be restricted. Recommend the City Council urge the DNR to make improvements to the existing public access on Todd Road. AMENDMENT 8 - Agreed by all. AMENDMENT 9 Agreed by all AMENDMENT 10- Will be determined by the number of slips. Parking spaces should be delineated on the site and no parking adjacent to the fire hydrant. AMENDMENT 11- Agreed by all. AMENDMENT 12- Change the words "Cruise Boat Patrons" to "Commercial /Party Patron ". All agreed. Planning Commission Minutes January 5, 1989 Page 4 MOTION BY ROSETH, SECOND BY ARNOLD, APPROVE THE SUBMISSION AND RECOMMEND TO COUNCIL THE APPROVAL OF THE PLANNING COMMISSION THE ADJUSTMENTS THAT HAVE BEEN MADE THROUGHOUT. Vote taken - ayes by Commissioners wells, Kedrowski, Roseth, Arnold. No by Commissioner Loftus, (due to opposition to limiting public access to the lake by elimination of public launching). This issue will be before the City Council on February 6, 1989. MOTION TO ADJOURN BY ARNOLD, SECOND BY KEDROWSKI. Vote taken -ayes were unanimous. Tapes of the meeting are on file at City Hall. Horst Graser Rita M. Schewe City Planner Recording Secretary CITY OF PRIOR LAKE LAKESHORE AND SIDE YARD VARIANCE REQUEST JOHN MEYER SUBJECT: To consider a 37.5' Lakeshore and 21' rear yard variance application for Lots 43, 44 and 45, Twin Isles. The applicant has proposed to build a seasonal cabin on the subject site as per attached survey and information. STAFF ANALYSIS: The subject site consists of three lots which are zoned R -1 Urban Residential and located within the shoreland district. Twin Isles is located on Prior Lake north of the existing public access on Dewitte Avenue. The island is developed with approximately 13 seasonal cabins which have been built prior to 1975. The topography of the subject site is such that there is a relatively flat area in the location proposed for the cabin, and a steep embankment which drops off dramatically to the lake. The site is wooded with mature trees and an abundance of brush however, the embankment contains several dead or dying trees and little vegetation cover. The lack of vegetation concerns staff due to the potential of bare soil eroding into the lake. The development of Twin Isles is governed by current zoning requirements and Prior Lake Resolution 78 -22. The applicant has meet all of the conditions set forth in the Resolution except for item 2 which specifies that all structures meet setback requirements. (See attached information for reference to documents required under Resolution 78 -22). The comments from the DNR are attached as per letter dated January 5, 1989. The recommendations from the DNR are to approve the variance as requested with the addition of three contingencies: Lots 43, 44 and 45 be combined; Drain field for graywater disposal be located on Lot 43, 75 feet back from the 904 contour and that tree removal be limited to the area needed to construct the cabin and access to the lake. STAFF EVALUATION: The applicant has complied with the intent of the ordinance and has attempted to minimize the amount of variance needed. The required setbacks for unsewered properties in the shoreland district are 100 feet from the 904 and 25 feet from the rear yard setback, or a total of 125 feet. The depth of the lots is approximately 115 feet. Literal enforcement of the ordinance would preclude development of the lot. (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 The hardship in this case is not caused by the applicant or previous owners. Twin Isles was platted in 1925 into lots which no longer meet existing requirements. However, Section 4.1 of the Zoning Ordinance allows lots of record to be used for erection of structures even though their area and width are less than the minimum requirements of the ordinance. The applicant owns three lots which are combined under one tax identification number. The three lots combined contain approximately 15,300 square feet of area. Staff believes that this variance observes the spirit and intent of the ordinance and is not excessive or contrary to the public interest. STAFF RECOMMENDATION: The recommendation from staff is to approve the variances as requested subject to the following conditionst 1. Tree removal be restricted to the area needed to construct the cabin. 2. Graywater disposal system be located on Lot 43 at least 75 feet from the 904 contour. 3. Natural vegetation be restored as specified under Shoreland Regulations. 4. Applicant identify to the satisfaction of staff, the method by which he intends to access the lake. Specifically, plans for construction of stairs so that the minimum amount of groundcover is disturbed. SWVEY PREPARED rQ4 Valley Engintwing Co. Inc. 0100 M. amp fuTE wa nfffa>r Tray f COND wr 0x00 M. AOID ROpYMGTyI, AN 554I1 NNN 44 M E IGE. IN N WTA f[. TELE ueRCSOrf af3l! T[L[Pf9N[ (641,0 -taA (64) MT -aau REQUEST: 37.6' L%_k erhora: Veriencc 1 E.' Reer Yard V�ri -nce o \ Wig. / , 5 44 • / � J ! p IMP �rF 2 xrauns. W V. Y f N Y!f WY. fW� f�l /. f�4. Y� �A W lq�.� r•Y� TwV P6. f.�. A. fO.M T7 K !• . l YYW r s W fa V �w y. 'Y'.T fWW �W�W fir• W.N� 1W W lTW fWl�f flfY �IwTa �— YrW yyr 4wN�� M lW�� wIW Y�ry. •n uw !IW � �lwfr. if.P 0�0 664E Y 7{T • OW�n .w vaw \wf I IWWW M AW Mfg 4w V •� MI S 11�f I IM1 fY I trf PIDi 1000 •- -': �; CITY ?PRIOR LAS ` 7, APPLICATION FOR VARIANCE .' - +;- �, .. :'� Applicant: 9 Ne er Phone: 8 2 Address:—' oa oom ng on, Fo rk Phone: property q,�ner : �erome � ennen ve Phase; SO Address: 825 S. ota� t�Fie�ropee Ha 55379 Fo Plane: 0 Type of Ownership: Fee Contract : Purchase Agreement Consultant /Contractor: Pho ne: Existing Use n of Property: VnC�'U I P resent Zoning: Proposed Use of Property: Seasonal Cabin Legal Description of Variance Site: Lots 43, 44, and 45, Twin Isles Variance Requested: La1(e.dai c 17 5 - Ff Qrer Lod :;X/ Ff Has the applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or arry part of it? _-Y es R io What was requested: When: D isposition: Describe the type of inprovements SUBMISSION RMUIMMM: (A)COmpleted 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)Complete legal description i Property Identification Number (PM). (E)Deed restrictions, if applicable. (F)An area map at 1' =200' 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 developm * plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY COMPLETE APPLICATIONS SHALL BE REVISM BY 7M PLANNING OMM SSION y To the best of my knowledge the information presented on, this for: is oo{rerx,, In 1 addition, I have read Section 7.6 of the Prior Lake Zoning 0lcdirw:oe which "`specifies requirements for variance procedures. I agree to provide ormation and follor the p rocedures as outlined in the Ordinance. y ' a p , zr r «1 Appl 81"tnre ?' Submitted this_ of DEL, 1 9 .ff '. } C CITY OF PRIOR LANCE, MINNESOTA 55372 RESOLUTION 78 -22 Notion by: Watkins Seconded by: Nafermann A resolution setting forth development standards for Twin Isles. Whereas, Interest to further development of Twin Isles has recently been shown; Whereas, It is in the best interest of the City of Prior Lake to provide guidelines for the development of Twin Zslesr Whereas, The Capital Improvement Program and Zoning Ordinance do not specifically address development of Twin Zsles; Therefore Be , rt Resolved the City of Prior Lake herewith sets forth guidelines for the development of Twin rsles: 1. Minimum lot size shall be 15,000 square feet or two lots whichever is Sesser. (Lots must be contiguous.) Z. All structures shall meet the setback requirements set forth in the Zoning Ordinance. J. A lease for two on land parking spaces shall accompany all building permits. 0. Septic .,ystems shall be of the self enclosed or incinerator type. S. Living structures shall be seasonal in nature. The applicant shall provide proof of residency other than Twin Isles at the time of building permit application. Passed and adopted this 19th day of June, 1978, YES NO Stock X Stock Bissonett X Bissonett _ Busse X Busse Rafermann X Nafermann_ _ Watkins X Waktins Michael A. McGuire, City Manager THE CENTER OF LAKE COUNTRY November 16, 1988 CITY OF PRIOR LAKE Mr. Gary Staber CITY OF PRIOR LAKE 4629 Dakota St. S.E. Box 359 Prior Lake, Minnesota 55372 Dear Mr. Staber: Enclosed is my completed Building Permit Application for approval along with the following: 1. Certificate of Survey 2. Picture of the seasonal cabin we request this permit for, called "The Timberline" phone number 218- 631 -3570 from Merickel Lumber Mills, Inc., Wadena, Minnesota. 3. Two copies of our blueprints for the seasonal cabin showing the specific building plans. 4. The original signed and certified lease agreement for two on land parking spaces. 5. Our primary residency for over the last 10 years has been and still is 8300 Ewing Road Bloomington, Minnesota 55431 If you have any questions regarding the above, please do not hesitate to give me a call. Home: 835 -5929 Work: 726 -8243 Sincerely, A A Alm John M. Meyer NOV ,q8£ November 16, 1988 CITY OF PRIOR LAKE Mr. Gary Staber CITY OF PRIOR LAKE 4629 Dakota St. S.E. Box 359 Prior Lake, Minnesota 55372 Dear Mr. Staber: Enclosed is my completed Building Permit Application for approval along with the following: 1. Certificate of Survey 2. Picture of the seasonal cabin we request this permit for, called "The Timberline" phone number 218- 631 -3570 from Merickel Lumber Mills, Inc., Wadena, Minnesota. 3. Two copies of our blueprints for the seasonal cabin showing the specific building plans. 4. The original signed and certified lease agreement for two on land parking spaces. 5. Our primary residency for over the last 10 years has been and still is 8300 Ewing Road Bloomington, Minnesota 55431 If you have any questions regarding the above, please do not hesitate to give me a call. Home: 835 -5929 Work: 726 -8243 Sincerely, A A Alm John M. Meyer a. This attractive Timberline home will adapt to any surroundings. The wide overhanging roof provides the space for the porch, kitchen and dining room, leaving an extra-large open living room. The bath Is located for easy access from the outside. The master bedroom with closet Is located on the main floor plus two more bedrooms and % bath on the second floor. The stylish outside appearance and spacious interior make this a reality for the most discriminating owner as a year-round home. 3s•o Main Level 1088 sq. ft. ltOROOM RRWw R.x.s UVI" ROOM Upper Level L"I 392 sq. ft. MAIN LEVEL MERICKEL P,O* Box 471 218 631 3570 nesota Located 1 /e mile West on Highway 10 Model Home on Display eO /fR LSVEL December 17. 1988 Deb Garross - Assistant City Planner CITY OF PRIOR LAKE 4629 Dakota Street S.E. Prior Lake, Minnesota 5537 Dear Ms. Garrossi DEC 1 19 Y� U CITY OF PRIOR LAKE Thank you and Gary Staber for meeting with me on December 13, 1988 regarding my Building Permit and variance application for a seasonal cabin on Lots 43. 44, and 45 Twin Isles. Enclosed is a copy of the incenerator type septic system we plan to purchase for the seasonal cabin. The INCINOLET electric incinerating toilet system is manufactured by Research Products located at 2639 Andjon in Dallas, Texas 75220. Their toll free phone number is 1- 800 -527 -5551. We plan on hiring Hartman Well Drilling Company of New Prague to dig the needed well for the seasonal cabin. Their phone number is 758 -2202. Mr. Hartman estimates they will have to dig about 200 feet for water. Please continue to process my Building Permit and variance applications. Let me know if any additional information is needed. Your assistance as well as that of Gary Staber is truly appreciated. If you have any questions regarding the above, please do not hesitate to give me a call. Home. 835 -5929 Works 726 -8243 Sincerely, 4 John M. Mayer RESEARCH PRODUCTS /Blankenship THE RpNEER CGRRGRATKK IN MODERN WASTE M.GEMENT 2639 And;on • Dallas. Teas 75220 • (214i 358 -4238 December 13, 1988 Mr John Meyer 8300 Ewing Rd. Bloomington, MN 55431 Dear Mr. Meyer: The INCINOLET literature which you requested is enclosed. Model Carefree comes highly recommended for use in cottages, basements, downstairs locations and remote locations. In- stalled just like an electric drier (230 volts outside vent), INCINOLET is consummate in personal sanitation, reducing waste immediately to pure, clean ash, while preventing environmental pollution. To become a valued customer, return the enclosed order form along with your check which, if certified will enable us to ship in about ten days. For an additional $60 we will prepay shipment to you (motor freight only - no UPS), in most cases, direct to your door, otherwise, to nearest freight terminal. Delivery to you after receipt of your or- der is two weeks. We accept Visa and MasterCharge but add 38 service charge. Our toll -free numbers are for you, our customer: for sales, for service: 800 -527 -5551, Monday - Friday, 8:30 to 4:30 CT. If you require a list of INCINOLET users in your State, or an installation manual, or have a question, please call me. Sincerely . yours, It Yana Bandini- Lipscomb Marketing Director A f� 4l q y _ ( • Tf J � t 4 _l[ ;; � � _ � • ■ � I r> e 1A s r: l „ �.'• , l- ,,r;,� �. a is 1,r ki LEASE AGREEMENT AGREEMENT made this 29th day of August, 1988, between James Feick, hereinafter referred to as lessor and John M. Meyer and Linda J. Meyer, hereinafter referred to as lessees. WHEREAS, lessor is the owner of real property located at 15363 Red Oaks Road S.E., Prior Lake, Minnesota 55372, and, WHEREAS, lessees are the owners of real property legally described as: Lots 43, 44 and 45, Twin Isles, Prior Lake, Minnesota, and, WHEREAS, the parties desire to provide for lessor leasing to lessees two (2) parking spaces at the property. NOW THEREFORE, the parties agree as follows: 1. Lessor hereby leases to lessees two (2) parking spaces at his property located at 15363 Red Oaks Road S.E., Prior Lake, Minnesota 55372. 2. Lessor and lessees agree that there shall be no rental due for the leasing of the two (2) parking spaces referred to in paragraph 1. 3. Lessor and lessees agree that this Lease Agreement shall exist for as long as lessor owns his property at 15363 Red Oaks Road S.E., Prior Lake, Minnesota 55372. IN WITNESS WHEREOF, the parties hereto have executed this ,Agreement the day and„year first above written. �n� L Linda J. Mey' Subscribed and sworn to before me this49 day of Augus�t" 1988. Notary Public 'y- Y,.;:: FIN COUNT 1990 MY comminion nrVim hE. t STATE OF a461EPARTMENT OF NATURAL RESOURCES EHONENo. 296 -7523 METRO REGION DIVISION OF WATERS FILE NO 1200 WARNER ROAD, ST. PAUL, MN 55106 January 5, 1989 Ms. Deb Garross City of Prior Lake 4629 Dakota St. SE Prior Lake, MN 55372 RE: JOHN MEYER VARIANCE REQUEST, TWIN ISLES Dear Ms. Garross: Please accept the following comments regarding John Meyer's variance request on Twin Isles. I can see four issues relating to the application. Firet, there is a variance needed from the setback. It appears to me there is no way to develop the parcel without obtaining a variance; and that the requested variance is the minimum necessary to alleviate a hardship. Therefore, I concur with the request and recommend the City approve it. Secondly, there is the question of contiguous substandard lots. I recommend that the lots 43, 44, and 45 be combined during this process. Third, there is a question of sanitary needs. I believe the proposed incinerating toilet is acceptable, however, waste water from other household uses needs to be disposed of. Since there is no mention of this item, I can only suggest that any drainfield should be as far from the lake as possible, preferably on Lot 43, which would still )save a 50-foot spacing to the well on Lot 45. I don't know if a h/lding tank is allowed under the Uniform Building Code, but if so, r suppose this is an alternative. A yearly pumpout should be requi for this option. 4 Finally, tbp lbts are currently heavily timbered, as is the remainder of "grin Isles. I recommend that tree removal be limited to one 15 -foot wide access to the lake and to the minimum area needed to construct the cabin, well and septic system. A buffer zone of frees and natural vegetation will provide a continued amenijy to and other residents. More importantly, however, a scr en of trees will serve to filter and retard runoff waters from the Cleared area% and cobn, thereby minimizing impacts to the lake. A if. j it' a 0 v A EAL OPF"T?TUNIY EMP OVER Ms. Deb Garross City of Prior Lake Page Two If there will be a need to bring electrical service across the lake to this property, a DNR utility license will be necessary. The applicant should contact me for further details. Thank you for the opportunity to make these comments. If you or any interested parties have any questions or comments please contact me. Sincerely •�yfp Mike Mueller Area Hydrologist MM67:kap City Property Information System City of Prior Lake, MN Parcel Status Run at 12:56 PM on 01/07/89 Property Identification Number: 251000340 Previous PIN: 251000340 Street Address: 3313 TWIN ISLAND City, State Zip: PRIOR LAKE, MN 55372 Fire Code: 000000 Occupant: Code: N Area: 16,500 Number of Units: 0 Assessed Value: $1,848 Market Value: $8,800 Year Built: Land Use: 151 Zoning: R1SD Storm Sewer District: 0000 Election District: 2 School District: 719 Park Dedication Fee: $0 CIR PAGE 1 Actual Use: V Census: 809.01 -02 Flood District: NO TIP District: Park Dedication Sq Ft: 0 City Property Information System City of Prior Lake, MN Legal Description Report Run at 12:56 PM on 01/07/89 PAGE PIN SQ Legal Description 251000340 01 43, 44 & 45 TWIN ISLES City Property Information System City of Prior Lake, MN Fee Owner by PIN Run at 12:56 PM on 01/07/89 PAGE 1 Property I °-------------- -- Name: Mailing Address 1: Mailing Address 2: Mailing Address 3: City, State ZIP: 3entification Number: 251000340 Owner #01 HENNEN/JEROME A/& WIFE 825 S DAKOTA ST SHAKOPEE MN 000055379 CITY OF PRIOR LAKE COMPREHENSIVE PLAN AMENDMENT REZONING PUBLIC HEARING On January 9 and 16, 1989, the City of Prior Lake published notice of a Comprehensive Plan amendment and Rezoning Public Hearing for Warren Israelson. See attached notices for reference. The Planning Department received an application from Mr. Israelson to consider rezoning approximately 97 acres of property located north of the plat of Raspberry Ridge. The applicant wishes to rezone the propertyp from industrial to residential use. The rezoning would be contingent upon an amendment to the Land Use Plan in the City's Comprehensive Plan. Specifically, the land use designation would have to be changed from industrial to residential use. The comprehensive Plan amendment would also be submitted for review and approval by the Metropolitan Council. Staff, upon further review of the application, noted that the subject site also includes conservation district and land use designations for open space and agricultural use in addition to industrial use and zoning. The applicant failed to register proper information. The result was that the notice of public hearing published in the Prior Lake American was deficient in information. The notice includes the proper legal description but not the intent to review the zoning and land use status related to conservation district, open space an agricultural designations which currently exist on the subject site. The result is that persons who may - interested in the public hearing were not properly inforxed due to the inaccuracy of the published notice. The recommendation from the City Attorney's office is to gavel the hearing to order then table discussion of the proposed amendment and rezoning. Tabling the matter will, in effect, shelve the issue or set the issue aside to some future date. Once staff has received the proper information, the public hearing will be rescheduled, subse4uent notices will be published in the Prior Lake American and staff will mail notice to individual property owners affected by the application. Please note that we regret any inco— enience that has occurred due to the ,inaccurate notice. At this point, tabling the item is the only alternative available to the Planning Commission due to the circumstances surrounding publication requirements for public hearings. (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 CITY OF PRIOR LAKE NOTICE OF REZONING PUBLIC HEARING Notice is hereby given that the Prior Lake Planning Commission will hold a public hearing in the City Council Chambers at 4629 Dakota Street S.E. on Thursday January 19, 1989 at 7:45(p.m. The purpose of the hearing is to consider an application by Warren J. Israelson to rezone the following legally described property fran I -1 Special Industrial to R -1 U #an iksidential. LEGAL DESCRIPTION: That part of the Southwest Quarter of Section 26, Township 115, Range 22, Scott County, Minnesota, and that part of the now abandoned Chicago, Milwaukee and St. Paul railrcad right -of -way described as follows: Commencing at the most northerly corner of Lot 9, KOPP'S BAY ADDITION, Scott County, Minnesota; thence southwesterly along the northwesterly line of said lot 9, a distance of 50.00 feet to the angle point on said lot 9; thence on an assumed bearing of the North 60 degrees 21 minutes 18 seconds West a distance of 50.6 feet more or less to the northwesterly right -of -way line of Lila Lane as platted; thence continuing North 60 degrees 21 minutes 18 seconds West a distance of 256.68 feet; thence North 22 degrees 53 minutes 50 seconds East a distance of 570.00 feet; thence North 48 degrees 18 minutes 02 seconds East a distance of 615.93 feet; thence North 66 degrees 43 minutes 00 seconds West a distance of 195.04 feet to the point of beginning of the land to be described; thence North 67 degrees 19 minutes 18 seconds East a distance of 945.31 feet more or less to the west line of the east 33.00 feet of said Southwest Quarter; thence southerly along said west line of the east 33.00 feet a distance of 218.76 feet to its intersection with the northerly line of the revised Lila Lane per the District Court order filed in Book 32 of miscellaneous pages 259 -264 at the County Recorders office, Scott County, Minnesota; thence northeasterly along said northerly line to its intersection with the east line of said Southwest Quarter; thence northerly along said east line of the Southwest Quarter to the northeast corner; thence westerly along the north line of said Southwest Quarter to the northwest corner; thence South 1 degree 03 minutes 44 seconds West along the west line of said Southwest Quarter a distance of 1609.47 feet to the northwest corner of the RASPBERRY RIDGE Scott County, Minnesota; Page I of 2 (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 Page 2 of 2 thence easterly along the north line of said plat of RASPBERRY RIDGE a distance of 1738.44 feet; thence southerly along the easterly line of said plat of RASPBERRY RIDGE a distance of 145.80 feet to the point of beginning. Or more commonly described as approximately 97 acres of land located 1/4 mile southeasterly of the intersection of County Road 21 and County Road 42. If you desire to be heard in reference to this rezoning, you should attend this public hearing. Written and/or oral comments wFde ad by the Planning Canmdssion. H �D arming City of Prior Lake 1b be published in the Prior Lake American January 9 and 16, 1989. CITY OF PRIOR LAKE NOTICE OF COMPREHENSIVE PLAN AMENDMENT PUBLIC HEARING Notice is hereby given that the Prior Lake Planning Commission will hold a public hearing in the City Council Chambers at 4629 Dakota Street S.E. on Thursday January 19, 1989 at 7:45 p.m. The purpose of the hearing is to consider an amendment to the Land Use Plan of the Prior take Comprehensive Plan. The City of Prior Lake has received an application from Warren J. Israelson to change the designation of Industrial land to Low Density Residential. The subject site consists of approximately 97 acres of land located 1/4 mile southeasterly of the intersection of County Road 21 and County Road 42. IBM DESCRIPTION: That part of the Southwest Quarter of Section 26, Township 115, Range 22, Scott County, Minnesota, and that part of the now abandoned Chicago, Milwaukee and St. Paul railroad right -of -way described as follows: Commencing at the most northerly corner of Lot 9, KOPP'S BAY ADDITION, Scott County, Minnesota; thence southwesterly along the northwesterly line of said lot 9, a distance of 50.00 feet to the angle point on said lot 9; thence on an assumed bearing of the North 60 degrees 21 minutes 18 seconds West a distance of 50.6 feet more or less to the northwesterly right -of -way line of Lila Lane as platted; thence continuing North 60 degrees 21 minutes 18 seconds West a distance of 256.68 feet; thence North 22 degrees 53 minutes 50 seconds East a distance of 570.00 feet; thence North 48 degrees 18 minutes 02 seconds East a distance of 615.93 feet; thence North 66 degrees 43 minutes 00 seconds West a distance of 195.04 feet to the point of beginning of the land to be described; thence North 67 degrees 19 minutes 18 seconds East a distance of 945.31 feet more or less to the west line of the east 33.00 feet of said Southwest Quarter; thence southerly along said west line of the east 33.00 feet a distance of 218.76 feet to Its intersection with the northerly line of the revised Lila Lane per the District Court order filed in Book 32 of miscellaneous pages 259 -264 at the County Recorders office, Scott County, Minnesota; thence northeasterly along said northerly line to its intersection with the east line of said Southwest Quarter; thence northerly along said east line of the Southwest Quarter to the northeast corner; thence westerly along the north line of said Southwest Quarter to the northwest corner; thence South 1 degree 03 minutes 44 seconds West along the west line of said Southwest Quarter a distance of 1609.47 feet to the northwest corner of the RASPBERRY RIDGE Scott County, Minnesota; (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 Page 2 of 2 thence easterly along the north line of said plat of RASPBERRY RIDGE a distance of 1738.44 feet; thence southerly along the easterly line of said plat of RASPBERRY RIDGE a distance of 145.80 feet to the point of beginning. If you desire to to heard in reference to this Comprehensive Plan Amen3nent, you should attend this public hearing. Written and/or oral convents will be con ' ed by the Planning Cmadssion. Arst G� Director of Planning City of Prior Lake Th be published in the Prior Lake American January 9 and 16, 1989.