HomeMy WebLinkAbout1989 July Planning Commission Agenda Packetsu�y
REGULAR PLANNING COMMISSION MEETING
AGENDA
JULY 6, 1989
7:30 P.M.
CALL TO ORDER
7:30 P.M.
REVIEN MINUTES OF
PREVIOUS MEETING
* 7:35 P.M.
PUBLIC HEARING
ZCNING MAP AMENDMENTS
STAFF
8:00 P.M.
HEARING
LAKESHORE VARIANCE
JOHN MaCARTHY
8:30 P.M.
HEARING
SIDEYARD VARIANCE
MS. C.E.MICKLEY
8:45 P.M.
HEARING
SIDEEM VARIANCE
DONALD HALL40PM
9:15 P.M.
HEARING
SETBACK, SUBDIVISION G
SEPTIC CODE VARIANCE
RICK SMSON
9:30 P.M.
GENERAL
LAKE REVIEW COMMITTEE S
DISCUSSION
INDUSTRIAL PARK STUDY
DAVE 0N4RCAT
DISCUSSION
PLANNING COMMISSION
MEETING PROCEDURES
STAFF
* 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 / Ph. (612) 4474230 / Fax (612) 4474245
PLANNING COMMISSION
MINUTBc
JUNE 15, 1989
The June 15, 1989 Prior Lake Planning Commission Meeting was
called to order at 7:30 p.m. by Chairman Wells. Present were
Commissioners Loftus, Roseth, Wells, Kedrowski, Arnold, Deb
Garross, Assistant City Planner and Gary Schmitz, Planning
Intern.
An invitation will be extended to Pat Lynch of the D.N.R. to
attend a Planning Commission Meeting and meet the Commissioners.
Commissioner Kedrowski's discussion on procedural tactics tabled
until after the Public Hearing.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY ROSETH, SECOND BY KEDROWSKI, TO APPROVE THE MINUTES OF
THE JUNE 1, 1989 PLANNING COMMISSION MEETING.
Vote taken signified dyes. MOTION CARRIED.
ITEM II PUBLIC HEARING - ZONING ORDINANCE AMENDMENTS
Public Hearing was called to order at 7:35 p.m. by Chairman
Wells. Public was not in attendance.
Gary Schmitz presented the information on the Zoning Ordinance
Amendments as per memo of June 15, 1989, and asked the
Commissioners to act on each amendment when presented.
ATTACHMENT 1 - Definitions were given with changes made to the
following:
DECK - a flat, floored, roofless area, adjoining a house
supported on footings.
GAZEBO - a detached roofed free standing porch or screen house.
MOTION BY KEDROWSKI, SECOND BY ARNOLD, RECOMMENDED THAT
ATTACHMENT 1, THE ACCESSORY STRUCTURE DEFINITIONS, BE ADDED TO
ORDINANCE 8.1.
Vote taken signified ayes. MOTION CARRIED.
SECTION 4.2 - MOTION BY ARNOLD, SECOND BY KEDROWSKI, A
RECOMMENDATION TO THE CITY COUNCIL, TO APPROVE ATTACHMENT 2 IN ITS
ENTIRETY, EXCEPT FOR THE DEFINITION OF PLATFORM AND THAT WOULD BE
CONTINGENT UPON THE REPORT FROM THE D.N.R.
Vote taken signified ayes. MOTION CARRIED.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
PLANNING COMMISSION MEETING MINUTES JUNE 15, 1989 PAGE 2
MOTION BY KEDROWSKI, SECOND BY ARNOLD, TO REQUEST POLICY
STATEMENT FROM THE ENGINEER DEPARTMENT ON EASEMENT REQUIREMENT
PROCEDURES.
Vote taken signified ayes. MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY LOFTUS, TO CHANGE NUMBERING OF 4.2 TO
4.2A AND SETBACK REQUIREMENTS FOR ACCESSORY STRUCTURES NUMBERED
4.2B.
Vote taken signified ayes. MOTION CARRIED.
SECTION 4.1B
MOTION BY ARNOLD, SECOND BY KEDROWSKI, TO CHANGE THE WORDING IN
$1 OF THE PROPOSED LANGUAGE TO READ: ALL STRUCTURES AND
IMPROVEMENTS NOT COVERED IN SECTION 4.2B, WHETHER OPEN OR
ENCLOSED, ATTACHED OR DETACHED TO THE PRINCIPAL STRUCTURE, SHALL
NOT PROJECT INTO ANY MINIMUM REQUIRED SETBACKS FOR THAT ZONING
DISTRICT.
Vote taken signified ayes. MOTION CARRIED.
SECTION 6.2A3
MOTION BY KEDROWSKI, SECOND BY ROSETH, TO APPROVE STAFF
RECOMMENDATIONS TO DELETE PARAGRAPH AND ADD TO 4.1B.
Vote taken signified ayes. MOTION CARRIED.
VARIANCES - SECTION 9.3E3
MOTION BY KEDROWSKI, SECOND BY ARNOLD, TO ELIMINATE SECTION
9.3E3.
Vote taken signified ayes. MOTION CARRIED.
STORAGE SHED POLICY STATEMENT
MOTION BY ROSETH, SECOND BY KEDROWSKI, TO DELETE ATTACHMENT 3 OF
POLICY STATEMENT ON STORAGE SHEDS ON LAKE LOTS.
Vote taken signified ayes. MOTION CARRIED.
SECTION 7.61A
MOTION BY LOFTUS, SECOND BY KEDROWSKI, TO APPROVE THE PROPOSED
LANGUAGE AND RECOMMEND IT BE ADOPTED.
Vote taken signified ayes. MOTION CARRIED.
PLANNING COMMISSION MEETING MINUTES JUNE 15, 1989 PAGE 3
CONDITIONAL USE.
MOTION BY LOFTUS, SECOND BY ARNOLD, TO ADOPT THE PROPOSED
LANGUAGE.
Vote taken signified ayes. MOTION CARRIED.
DAY CARE CENTERS
Mr. Schmitz indicated the wording should be changed in the memo
to the following:
The ordinance amendment would add daycare facilities for less
than twelve (12) children as a permitted use in the R -1 zoning
district, Daycare facilities for more than twelve (12) children
will remain a conditional use in the R -1 zoning district.
Minnesota State Statute 462.357 Subdivision 7' requires daycare
facilities for less thin twelve 12 c ren to be a permitted
use in the R -1 zoning district. See Attachment 4 for reference
to the statue.
MOTION BY ROSETH, SECOND BY ARNOLD, TO ACCEPT THE CHANGE OF
WORDING FOR DAYCARE CENTERS.
Vote taken signified ayes. MOTION CARRIED.
PARKING TATS
Mr. Schmitz stated that the number should be 3.2 not 4.2 as
printed.
MOTION BY KEDROWSKI, SECOND BY LOFTUS TO APPROVE PROPOSED CHANGE
ON PUBLIC PARKING LOTS.
Vote taken signified ayes. MOTION CARRIED.
SECTION 4.2 Rural Service Area Lot Size - A -1 Agricultural District
MOTION BY LOFTUS, SECOND BY ROSETH, TO ADOPT THE PROPOSED
CHANGE.
Vote taken signified ayes. MOTION CARRIED.
C -1 Conservation District
MOTION BY ROSETH, SECOND BY KEDROWSKI, TO ACCEPT THE PROPOSED
CHANGE.
Vote taken signified ayes. MOTION CARRIED.
PLANNING COMMISSION MEETING MINUTES JUNE 15, 1989 PAGE 4
MOTION BY ROSETH, SECOND BY LOFTUS, TO CLOSE THE PUBLIC HEARING.
Vote taken signified ayes. MOTION CARRIED.
Public Hearing closed at 8:41 P.M.
Commissioner Redrowski asked for discussion on decision procedure
on variance applications.
Commissioner Roseth recommended that Staff devise a policy guide
to use for consistency in application reviews.
MOTION BY ARNOLD, SECOND BY LOFTUS, TO ADJOURN THE MEETING.
Vote taken signified ayes. MOTION CARRIED.
Meeting adjourned at 8:56 P.M.
Tape of meeting available at City Hall.
Deb Garross Rita M. Schewe
Assistant City Planner Recording Secretary
PLANNING REPORT
SUBJECT PUBLIC HEARING FOR ZONING MAP AMENDMENT
DATE: JULY 6, 1989
PRESENTED BY STAFF
INTRODUCTION
The purpose of this public hearing is to amend the Prior Lake
Zoning Map by adding one lake and one stream and to identify
their respective shoreland management districts. The lake and
stream are identified on the attached map.
BACKGROUND
In 1985 the Department of Natural Resources completed a
classification system for lakes and streams within the City of
Prior Lake. All waterbodies that met certain characteristics
such as size, depth and type of vegetation were given
classifications. The lake located on the "Jeffers" property and
the stream which connects the lake to Pike Lake, were both
classified by the DNR in the early eighties. The classification
identified the lake as a natural enviroment lake and the stream
as a general development stream. Each waterbody is subject to
shoreland management ragulations.
DISCUSSION:
The CCi f Prior Lake adopted the shoreland management ordinance
in 1987 as required by the State of Minnesota. The shoreland
management ordinance outlines regulations which pertain to
protected waters which have been designated by the Department of
Natural Resources. There are eleven lakes and three streams
which are regulated by shoreland management and are identified in
the Zoning Ordinance. The Zoning Ordinance contains the text
which outlines development requirements for all shoreland
management areas. The Zoning Map identifies the location of
protected waters and their respective shoreland district
boundaries. However, due to an oversite, one classified lake
(Unnamed Lake X70 -77) and one stream (Unnamed Tributary) were not
added to the Zoning Map in 1987 when the shoreland districts and
subsequent requirements were approved by the City.
RECOMMENDATION•
The ration from staff is to approve the Zoning Map
amendment as proposed. The lake and stream have been classified
as protected waters for several years and are listed in the text
of the Zoning Ordinance under the shoreland management
regulations. The amendment will add the lake and stream to the
map and correct an error which has existed since adoption of the
shoreland management ordinance in 1987.
4629 Dakota St. S.E.. Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
NOTICE OF PUBLIC HEARING
TO AMEND THE PRIOR LAKE ZONING MAP
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 July 6, 1989 at 7:35 p.m.
The purpose of the public hearing is to consider amending the
Prior Lake Zoning Map to include a natural environment lake and
general development stream in the Shoreland District. The lake
is classified by the Department of Natural Resources as Unnamed
Lake $70 -77 and is located in Section 27, Township 115, Range
22W. The general development stream is an unnamed tributary
which is located in the northeast 1/4 of section 27; Section 23;
and the southeast 1/4 of Section 14, Township 115 north, Range 22
west.
or more commonly described as the 46 acre natural environment
lake located on the Robert Jeffers property approximately 1/4
mile southwesterly of the intersection of County Roads 42 and 21.
The general development stream connects the unnamed lake with
Pike Lake. The purpose of the amendment is to indicate the
location of the lake and stream on the Zoning Map and to
identify them as subject to Shoreland Management Regulations.
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.
Deb Garross
Assistant City Planner
To be published in the Prior Lake American Monday June 26 and
July 3, 1989.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fa (612) 4474245
5 -8 -1
5 -8 -2
CI Subdivision Icont.) more than five (5) acres having a width of not less than
three hundred feet (300') shall not be included.
SUBSTANDARD Any use of shorelands existing prior to the date of
USE: enactment of this Chapter which is permitted within the
applicable zoning district but does not meet the minimum
lot area and length or water frontage. structure setbacks.
or other dimensional standards of this Chapter.
VARIANCE: A waiving by Boaro action of the literal provisions of the
Zoning Ordinance in instances where their strict
enforcement would cause undue hardship because of
circumstances unique to the individual property under
consideration.
5 -8 -2: DESIGNATION OF TYPES OF LAND USE:
(1) Shoreland Management Classification: In order to guide the wise development
and utilization of shorelands of protected water for the preservation of water
quality, natural characteristics, economic values and the general health, safety
and welfare, certain protected waters in the City have been giver a shoreland
management classification.
These protected waters of the City have been classified by the Commissioner
of Natural Resources as follows:
Natural Environment Lakes DNR I.D. No.
1. Howard Lake 70-73P
Township 114, 115N, Range 22W, Sections
5, 32
2. Pike Lake 70-76P
Township 115N, Range 22W. Section 23
3. Unnamed 70.85
Township 115N, Range 22W. Sections 33,
34SW
4. Koup's Lake 7O.79W
Township I I5N, Range 22W, Section 28
5. Hasa Lake 7078
Township I I5N, Range 22W, Section 27 NW
a Toadialib "110. ROW 22W 8aauon 27 707
ue
5 -8 -2 6 -8 -2
AI Recreational Development Lakes DNR I.D. No.
1. Markley Lake 70.21W
Township 114N, Range 21, 22W, Sections 6,
1
2. Unnamed 7
70.53
Township 114, Range 22W, Sections 1. 2
General Development Lakes O
ONR I.D. No.
1. Spring Lake 7
70.54P
Township 114N, Range 22W, Sections 3 -5,
5 -10
2. Lower Prior Lake 7
70.26P
Township 115N, Range 21, 22, Sections 30,
25, 26, 35, 36
3. Upper Prior Lake 7
70 -72P
Township 114, 115N, Range 22W, Sections
2.4, 34, 36
Natural Environmental Streams L
Legal Description
None
Recreational Development Streams L
Legal Description
None
General Development Streams L
Legal Description
1. Unnamed Ito Lower Prior Lake) S
SW% Section 35,
General Development T
Twp 115N, Rge.
22W
2. Unnamed Ito Upper Prior Lake) S
SE% Sec. 4,
General Development S
SWY. Sec. 3.
Twp, 114N, Rge.
22W
Mow rrM Tftu MV NB%; -sea. P.-
Otd" owebwIW4 sea altp.,
�Ar
1
(8) Shoreland Diabiot: The shorelands of the City of Prior Lake are hereby desipneted
as a Shoreland District. The purpose of the Shoreland District is to provide for
the wise utilization of shoreland areas in order to preserve the quality and natural
character of these protected waters of the City.
uv
June 16, 1989
Mr. Bob Jeffers
P.O. Box 193
Prior Lake, MN 55372
Dear Mr. Jeffers,
This letter is in regard to a public hearing which has been
scheduled before the Prior Lake Planning Commission Thursday July
6, 1989 at 7:35 p.m. The public hearing affects the property
which you own located near the southwest intersection of County
Roads 42 and 21.
In 1985 the Department of Natural Resources completed a
classification system for lakes and streams within the City of
Prior Lake. All waterbodies that met certain characteristics
such s size, depth and type of vegetation were given
classifications. The lake located on your property and the
stream which connects to Pike Lake were both classified by the
DNR. The classification identified the lake as a natural
environment lake which means that it should be protected and not
be densely developed or used for active recreation purposes.
Once lakes and streams were classified by the DNR, the City was
required to adopt a shoreland management ordinance which sets
forth regulations to control development and use of the
shorelands.
Due to an oversite, the lake and stream located on your property
were not added to the Zoning Map in 1987. The purpose of the
public hearing scheduled for July 6, 1989, is to correct that
error and to request approval to change the Zoning Map to show
that the lake and stream are classified waterbodies and are
subject to special protection under shoreland management
regulations.
IP you have questions or concerns regarding this issue, please
contact me at 447 -4230 and I would be happy to discuss them with
you. Enclosed please find a copy of the public hearing
notification to consider the Zoning Map amendment.
Si / rely,
/ll.1N
Deb Garro
Assistant City Planner
4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
VARIANCE - JOHN MCCARTHY
SUBJECT:
To consider a 35' lakeshore variance for 15130 Martinson Island
Road. The subject site is owned by John McCarthy.
STAFF ANALYSIS:
The subject s1 • e is zoned R -1 /S -D with required setbacks of 75'
lakeshore, 25' rear, and 10' for each side yard. The three homes
on Martinson Island Road were built in the mid 1960's within
Eagle Creek Township. All three homes are in variance of the 75'
lakeshore setback requirement. The applicants lot is
approximately 14,665 square feet in size.
The specific proposal is to build a 15' x 14' three season porch
over an existing concrete slab. The three season porch will tie
in directly with the home. The existing deck, shown on the
survey, is located 44' away from the 904 contour line. The
proposed three season porch would be located 40' from the 904
contour line and would only encroach upon the high water mark by
another four feet.
The adjacent home located at 15150 Martinson Island Road is
located 40.5' from the 904 contour line. Therefore, the three
season porch will be located almost exactly the same distance
from the high water mark as the adjacent home. The other
adjacent home is located 46.5' from the 904 contour line.
Due to the placement of the home in 1968 anything constructed
closer to the 904 contour line than the principal structure would
require a variance. Building the three season porch would only
encroach upon the 904 contour line by another four feet. It is
staff's opinion that this variance would not be detrimental to
the neighborhood and adding four feet to the home would keep
sitelines similar with the adjacent homeowners.
RECOMMENDATION:
Staff as no o to the 35' lakeshore variance request
since it would not be out of character for the neighborhood and
would blend in well with the adjacent homes.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
Applicant: 7n NA\ 2. An Mc CnR7 A Bane Phone: 441
Address: i c i 3 m n c j IA S, .i s v s Rn N- Wo Phone: f 9 e -•71 i .Q
Property Owner: ;Acne Bane Phone:
Address: Wo rk Phone:
Type of Ownership: Fee ✓ Contract Purchase Agreement
Consultant/contractor: A&.rc n'rn PACf012 Pho 441 -87C0
Existing Use
Of Property: s. a •a, Lv ,u m' P resent Zoning: -� S
Proposed Use
of Property
Legal Descr
of Variance
te: 'tc ' IT 'nf n 'AC '�•Arr Ile, -
Variance Requested: �5 ' 1 '
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? _ - y es �G No
what was requested;
When: D isposition:
Describe the type of L: ovements proposed:
Ron '� S n<r� pcar:.
SUBMISSION BNQUIRFA :
(A)Completed application form. (Wiling fee (C)Certified from abstract firm, names
and addresses of property owners within 100 feet of the exterior boundaries of the
subject property. (D)Canplete legal description i Property Identification Nunber
(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 SHALT. BE REVIEWED BY THE PLANNING COMMISSION.
To the best of my knowledge the information presented an this form is correct. In
addition, I have read Section 7.6 of the P for Lake Zoning Ordinance which specifies
requirements for variance prooedures. I agr to provide infocmntlon and follow the
procedures as outlined in the Ordinance. aTi n
is Sigature \
Submitted this LL ft of
Fee Owners Signature
THIS SPACE IS TO BE FILL OUT BY THE PLAMM DIRECTOR
PLANNING COMPIISSION APPRWED _ DENIED DATE OF BEARING
CITY COUNCIL APPEAL _ APPROVE _ DENIED DATE OP HEARING
CONDITIONS:
Signature of the Planning Director
Date
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NOTICE OF HEARING
FOR
LAKESHORE VARIANCE
You are hereby notified that a public hearing will be held by the
Planning Commission in the Prior Lake Council chambers at 4629
Dakota Street S.E. on:
THURSDAY, JULY 6, 1989 at 8:00 P.M.
PURPOSE OF HEARING To consider a lakeshore variance for
John McCarthy.
SUBJECT SITE LOCATION 15130 Martinson Island Road.
REQUESTED ACTI ON: The applicant is requesting a 35'
lakeshore variance in order to
build a three season porch as per
attached survey. The required
lakeshore setback is 75'. The
applicant proposes to locate the
three season porch 40' from the
lake which would require a 35'
variance.
If you desire to be heard in reference to this matter, you should
attend this meeting. oral and written comments will be accepted
by the Planning Commission. For more information, contact the
Prior Lake Planning Department at 447 -4230.
Prior Lake Planning Commission
(DATE NOTICE MAILED)
JUNE 26, 1989
4629 Dakota St. S.E., Prior L.akQ Minnesota 55372 / Ph. (612) 4474230 1 Fax (612) 4474245
"VA14PC"
PLANNING REPORT
SUBJECT SIDE YARD VARIANCE
APPLICANT MRS. C.E. MICKLEY
SITE 14476 SHADY BEACH TRAIL
DATE: JULY 6, 1989
INTRODUCTION•
The P anning Department has received an application from Mrs.
C.E. Mickley to consider a 5' foot west side yard variance to
build an attached garage to her existing home. See attached
materials for reference.
SITE ANALYSIS•
Sfi`ad No. 2 was platted in 1953 and approved by the Scott
County Board of Commissioners. Records from Scott County
indicate that the existing home was built in 1960, prior to the
annexation of Shady Beach No. 2 into the City of Prior Lake. The
site is zoned R -1 /S -D and consists of approximately 14,685 square
feet. Lot 6, is located in an area which is wooded and screened
from view of anyone passing by on Shady Beach Trail.
STAFF ANALYSIS:
The proposal is to construct a 19 x 24' attached garage to the
easterly side of the home. The garage is proposed to be five
feet from the east property line which would require a five foot
side yard variance. The plat of Shady Beach No. 2 does not
indicate the existence of any drainage and utility easements
adjacent to the property lines. There is no existing gara e
however, there are three sheds on site as indicated on the
attached survey. The home to the east of the subject site was
built within 3.1 feet of the common property line.
In a variance situation, the objective is to determine whether
there is a logical location available on site which would
minimize the degree of variance needed. The two westerly sheds
appear to have been built for permanent storage on site. The
shed closest to the home was built with a brick foundation.
Staff has reviewed the site and noted that there may be an
alternate location available in the rear yard for a detached
garage. However, much of the vegetation and trees would have to
be cleared in order to build the garage. In addition,
considering the existing site layout, adding another detached
structure would virtually destroy the rear yard environment.
4629 Dakota St. S.E., Prior Lake Minnesota 55372 / Ph. (612) 4474230 / Faa (612) 4474245
Staff has nc objection to granting the five foot side yard
variance for this site. The property was platted and built under
another government jurisdiction years prior to the annexation of
this area into the City of Prior Lake. The home built to the
east is at variance with the side yard setback. Staff is of the
opinion that the same consideration should be granted to this
applicant.
RECOMMENDATION.
Approve the f foot east side yard variance for Lot 6, Shady
Beach No. 2 subject to the following conditions:
1. The garage addition must be constructed with a consistent
setback from the 904 as the existing home. No lakeshore
variance has been considered for the proposed construction.
2. The existing tin shed located adjacent to the driveway be
removed along with the tires and debris stored immediately
outside of the structure.
Staff is of the opinion that the tin shed should be removed to
reduce the amount of visual clutter on site and to provide a
more orderly appearance in the vicinity of the home.
Phone: //✓t /LQ9
Phones
Phone: Sa mr
Type of Ownership: F
Consultant/Contractor
Purchase
Existing Use
Of Property: R i t(n.) P resent Zoning: S
Proposed Use
of Property: Res r ecxE i m
Legal Description ;
of Variance Site: 031 0410000000 I On Lot
Variance Requested Cey. r i , mop nl +�'e Nfi nti ° W I69PJAL IL.7•199 Aleas
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? _des _No
What was requested: ^ Pr" e, raa esf A_ V&e e — 1. Au 1 L N AuS�
Describe the type of improvemente proposed: 19 x1v/' ll:rzv�v 1. la AbW
Or0.9rCSIQw RFTVRR.
(A)Ceupleted 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 i Property Identification Number
(PID). (E)Deed restrictions, if applicable. (F)An area mop 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 development plan, buildings:
perking, loading, access, surface drainage, landscaping and utility service.
ONLY COMETE APPLICATIONS SHALL BE RWIEWED BY THE PLANNING ODNIDSSION-
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. , a
�"'� Applicants Signature
Submitted this 1¢,pay of �� 9� �, a
Fee Owners Signature
IBIS SPACE IS TO BE FITIED OUT BY THE PLANING DDiBCiOR
PLANING COMMISSIOI e APHaWrZ _ DENIED DATE OF HEARnG
CITY CWNCIL APPEAL _ APFWVED _ DENIED DATE OF HEARING
Signature of the Planning Director Date
SURVEY MEPARED FOR
MAE MICKLEY
16476 SHADY BEACH TRAIL
PRIOR LAKE, W. 93372
Volley Engineering Co. Inc
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NOTICE OF HEARING
FOR
A VARIANCE APPLICATION
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, JULY 6, 1989 at 8:30 P.M.
PURPOSE OF HEARING To consider a variance application
Mrs. C.E. Mickley.
SUBJECT SITE LOCATION 14476 Shady Beach Trail
Lot 6, Shady Beach 2nd Addition
REQUESTED ACTION The applicant has proposed to build
a 19 24' attached garage to the
easterly side of her home. The
garage is proposed to be located 5
feet from the east property line.
The required side yard setback is 10
feet. The applicant is requesting a
5 foot east side yard variance in
order to construct the garage as per
attached survey.
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
JUNE 26, 1989
4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
"VA15PC"
PLANNING REPORT
SUBJECT SIDE YARD VARIANCE
APPLICANT DONALD JAMES HALLORAN
SITE: 17403 SUNSET TRAIL
DATE: JULY 6, 1989
INTRODUCTION•
T eei Planning Department has received an application from Donald
James Halloran to consider a 5' foot west side yard variance for
Lot 29, Block 1, Woodview 1st Addition. The applicant wishes to
build a 20' x 20' detached garage as per attached survey. See
attached application, letter, maps and photos for reference to
this item.
SITE ANALYSIS:
The subject ssite consists of approximately 16,200 square feet and
is 84 feet wide. Lot 29 is zoned R -1 Urban Residential and is
located within the S -D Shoreland District. The plat of Woodview
1st Addition was platted in 1979. The single family home was
built in 1983 as per the attached building permit and survey.
For some reason, the initial builder chose not to build the
garage however, the lot plan was submitted indicating a location
for a garage to be built 12 feet from the westerly property line.
The applicant purchased the home and is requesting a five foot
west side yard variance in order to build a detached garage. It
is Mr. Halloran's opinion that the garage would fit in and be
more aesthetically pleasing if located five feet from the
property line.
STAFF ANALYSIS:
T e o is larger in both width and area than the minimum lot
size prescribed for R -1 Zoning Districts. There are several
mature trees on site which should be preserved. Staff is unable
to find any hardship which would substantiate granting a variance
to this lot. Side yard variances are typically granted for
substandard sized lots containing 60 or fewer feet in width. In
addition, variances have been granted to give relief to lots
platted prior to the adoption of the zoning and lot size
standards which are in force today. The theory behind variances
is to minimize the amount of deviation from the standard and to
determine if alternate locations are available whereby a
structure could be built within the setback parameters.
4629 Dakota St. S.E., Prior Cake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
The lot plan which was approved in 1983 indicates the proposed
garage location. Please note that the plat of Woodview let
Addition has dedicated utility easements along the easterly and
westerly 10 feet of the property in addition to a utility and
drainage easement over the southerly part of the lot. The City
does not allow permanent construction within utility easements.
If the Planning Commission can find that a hardship exists to
grant the five foot variance, the applicant would have to submit
a petition to the City to vacate all or part of the drainage and
utility easement along the westerly property line.
RECOMMEN DATION:
The recommendation from staff is that the five foot variance
application be denied. There are alternatives available to the
applicant in terms of design and location. In addition, the
property was recently platted and built under current zoning
standards. Staff is unable to identify any hardship which would
substantiate granting a variance to this site.
IN
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Existing Use
of Propertyi.
Zoning:
of Property: - KdrriN/ fi'd'OC - C/oaBC� vyN.oFC iroa.'iov
Legal Description
of Variance Si o?J� zzoc,r /JT Ae017
Variance Requested: =?m X 20 l °eA(r6 .f �COAS /� ?sr Eery !_i c/E
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 - & - Jio
What was requested:
yam D isposition:
Or=
(A)Cmpleted application form. (B)Filing fee (C)Certified from abstract firm, nerves
and addresses of property owners within 100 feet of the exterior boundaries of the
subject property. (D)Cmeplete legal description i Property Identification Number
(PID). (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 developeent pl?n, buildings:
parking, loading, acoese, surface drainage, landscaping and utility service.
CNLY CONK= APPLICATIM SHALL BE REVIEWED BY THE PLAMUM OONU*_'SSION.
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 rovide, inCornation and follow the
procedures an outlined in the Ordinance.
djpplicants Signature
Si>baitted this a�fisy CC LJ��L 1 9�'
Fee Owners Signature
THIS SPACE IS TO BE FILLED OVf BY THE FLAIaiM DDiBC=
PlANNIM CONNISSICH _ APFFWED _ DENIED DAZ OF BEARDID
CITY CC== APPEAL APPRWED _ DENIED DAZ OF BEAR3M
CONDITIONS:
Signature of the Planning Director Date
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0 CITY OF PRIOR LAKE
A PPLICATION FOR BUILDING PERMIT
AND UTILITY CONNECTION PERMIT
PERMIT NO. 00243 DATE
447.4230
Property Owner: Address Ph
ApplicanC Address Ph
Contractor: Address Ph 4'V7 -&'09
Legal Description: - z 9 LgmA—
Address: 17V03
Zoning District: R -10 R -20 R -30 R40 BAD B -20 0-30
Type of Improvement
Residential Use:
)i N. Buibing
g&ngle Family Dmachetl
O Alteration
O Townhouse
O Rewir
O C ownium
O move
0 Awnment lunhs
O Other :specayl
O Othimspirdlyl
A -10 C -10 1. 101 -20
Non Residential Use:
tnair e: prdK g'(imivue D
EOimatN COR Otimprwemem SO 000
Building permit A"• o
Surcharge T.O a Sub. TWI 3 O P.00
Metro SAC
Sub. TWI V3 S. 00
Park Fee
Sub. Total /00.00
Building Deposit
Sub. TWI / 0 0.00
Sewer 6 Water Conn. Fee
Deterred Sub. Total 700. rsy
Water Tower Fee
Deferred Sub. Total X57, O-p
Sewer Inspection
Sub. TWI y • 5D
Water lnspWWn
Sub. Total az =f:a
Water Meter
a Sub.TWl 00
TOTAL I 9 /e 9. OO
Application for pennB shall
be accompanied by
Signature of Appika
3 copies of certified lot plan
,s
2 copies of building plan
`
1 copy of energy data
Dir. of filanni Date B
Four inspections will be required of which the contractor shall notify the Building Inspector at
890.1260 between 9A0. 10:00 am
11 footings before covering Vouning 3kinergy 4lfinal before occupancy
13-15
lwVEe m fta rag Volley Engineering Co., Inc.
THE LITTLE COMPANY !MITE 2". WATE" 9M qq (X"" PLAZA
18815 PANAMA AVE PRIM LARD MNESOtA 55J12
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NOTICE OF HEARING
FOR
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, JULY 6, 1989 at 8:45 P.M.
PURPOSE OF HEARING To consider a variance application
for Donald James Holloran.
SUBJECT SITE LOCATION 17403 Sunset Trail
Lot 29, Block 1, Woodview ist
Addition.
REQUESTED ACTION The applicant has proposed to build
a 20 20 garage as shown
on the attached map. The proposal
is to build the garage 5 feet from
the westerly property line. The
required side yard setback in this
district is 10 feet.
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
JUNE 29, 1989
4629 Dakota St. SE., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
"VA05PC"
PLANNING REPORT
SUBJECT INDUSTRIAL PARK OFFICE DEVELOPMENT PROPOSAL
APPLICANT RICHARD L. SWENSON
SITE: 16940 WELCOME AVENUE
DATE: JULY 6, 1989
INTRODUCTION•
The Planning Department received a proposal from Richard Swenson
in April of this year, to build a 12,000 square foot
office /warehouse building in the Credit River Industrial Park.
The subject site is a 1.3 acre parcel located at the northwest
intersection of Credit River Road and Welcome Avenue. There are
several issues which must be addressed concerning development
potential for the remaining land available in the I -2 Light
Industrial District. The issues are outlined in the Attached
Planning Report dated May 17, 1989.
Mr. Swenson's specific request is that the Planning Commission
consider the following:
1. Consider a 50' variance from the 150' County Road
setback requirement.
2. Determine if compliance with subdivision requirements
will create unnecessary hardship to the applicant and if
there is justification to waive subdivision requirements
for the property. (Subdivision Ordinance Sections 6 -9 -1
and 6 -10 -2)
Determine whether a variance should be granted
concerning Septic Code Standards for drain field sites.
BACKGROUND:
S a originally denied the application due to several factors:
The parcel is not a lot of record and has never been subdivided;
any building in the I -2 District ovr 2000 square feet must
install a sprinkler fire suppression e system according to Building
Code requirements; and there is question whether there is
suitable land area and soils to accommodate an on site sewage
treatment system for the proposed use. Mr. Swenson's proposal
was informally reviewed by members of the City Council. The
proposal has been scheduled before the Planning Commission in
order to review the development issues and to forward a formal
recommendation to the City Council.
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 1 Fax ( 4474245
DEVELOPMENT ISSUES:
The Zoning Or finance allows lots of record which existed on May
7, 1973 to be eligible for a building permit provided the use is
consistent with the permitted or conditional uses of the zoning
district. The Credit River Industrial Park has never been
formally subdivided. However, the park has developed in
accordance with a preliminary plat which was accepted by the
City in 1979. The plat of G 6 E Industrial Park was never
completed and therefore, no formal subdivision of the property
has been filed. The subject site is a remnant parcel which is
not a legal lot of record and therefore, is not eligible for a
building permit. There are several development constraints
associated with this parcel:
1. The parcel is not a lot of record therefore, no building
permit may be issued unless the parcel is subdivided or the
subdivision requirements are waived.
2. The parcel cannot be subdivided according to the Subdivision
Ordinance because required improvements such as sewer, water
curb and gutter, and streets are not economically feasible or
are simply not available to the site. The only method by
which to remedy this situation would be for the applicant to
obtain variances from Subdivision ordinance Sections 6 -1 -4
Compliance and 6 -10 -2 which prescribes the criteria under
which the City Council may waive subdivision requirements.
3. The 150' Credit River Road setback severely restricts the
building envelope on the site. The subject site and other
vacant parcels in the Industrial District are virtually
unbuildable without setback and other variance similar to
those described above.
The City adopted a section of the Uniform Building Code on
4 -18 -88 which pertains to Fire Suppression Systems. The Code
requires sprinkler systems be installed for retail, warehouse
or manufacturing areas with 2,000 or more square feet of
area. The purpose of the code is to aid fire protection
services. The code is typically enforced in communities with
volunteer fire departments. Sprinkler systems are mandatory
throughout the community for all new buildings, additions and
for buildings where the occupancy classification changes.
There are no variance provisions to deviate from this
building code standard. This provision would be difficult to
meet in the Industrial Park due to the lack of utilities to
the site. The owner would need to construct a small on site
water tower to store water for the sprinkler system in the
event that a back up water supply would be needed.
The City Council will consider an amendment to the fire
suppression requirements at a public hearing scheduled on
Monday, July 3, 1989. The amendment proposed would exclude
structures in the I -2 Industrial District from having to meet
fire suppression requirements. Staff will present the
results of the amendment at the Planning Commission meeting.
The lack of public utilities necessitates the need to install
an on site septic system. The Septic Code suggests that
whenever possible, two drain field sites should be available
in the event one system should fail. There appears to be
room for only one site on the subject parcel. Staff would be
more inclined to allow construction with only one septic site
if this were a grandfathered lot of record. However, knowing
the building constraints of the Industrial District, staff
would not object to allowing construction with only one site
provided perc tests prove that there is an adequate site for
a sewage treatment system.
STAFF ANALYSIS
Staff has no objection to granting a 50' front yard variance
from Credit River Road. Future construction plans for new County
Road 21 include provisions to turn back the existing part of
Credit River Road which serves the industrial park. Once the
road is turned back, it assumes the status of a local street and
the fifty foot setback would not cause the structure to to be at
variance with front yard setback requirement. In addition, the
Rainbow Play Systems Building which was recently constructed to
the east of the proposed site, was built with a 50 foot setback
from existing Credit River Road.
The Planning Report dated May 17, 1989 outlines the history of
the industrial park and the difficulties associated with
developing it. There are no industrial zoned properties in Prior
Lake which are currently available for development. Public sewer
and water is available to the park but it would be extremely
costly to deliver. In addition, the existing businesses are low
water usage facilities and it is highly unlikely that they would
be willing to pay for utility service to the park for new
buildings. The subdivision possibilities for the remaining
remnants is extremely limited. Under the circumstances, perhaps
the best that can be accomplished, is to recognize the park's
limitations and salvage as much as possible. Staff would
recommend that the subdivision requirements be waived for the
subject site. However, if the parcel is deemed buildable, staff
recommends that a park dedication fee equal to 10 percent of the
raw land value of the parcel, be required from the developer.
The third issue that the Planning Commission must consider is
whether a variance should be granted concerning Septic Code
Standards for drain field sites. The Code prescribes that two
sites should be available for drain fields in the event that one
should ever fail. The subject site appears to have limited land
area to accommodate two sites. In light of this, staff will
require additional information from the applicant prior to
rendering a recommendation on this point. The following
information should be submitted for review by the Building
Of2icial: Parking lot plan and location, exterior storage and
site layout plan, well location, perc tests, and building plan
which indicate the percentage breakdown of each use that is
proposed for the building. The percentage of building square
footage designated for office, warehouse etc... and the number
of potential persons occupying the site would be required in
order to determine septic system design and size of drain field.
RECOMMENDATION•
The recommen ation from staff is to discuss the issues pertinent
to the proposal by Mr. Swenson. However, staff would recommend
that any action or approvals be tabled until such a time as the
following information is submitted and acceptable to staff.
Parking lot plan delineating the number and designation of
parking stalls, traffic circulation, and loading areas.
2. Site plan indicating exterior storage areas, location of
trash containers, well location, septic system and
alternate drain field location. In addition, the applicant
should indicate the method by which the drain field area will
be protected. (For example a fenced area or green landscaped
area should be maintained to prevent storage on or traffic
circulation over the proposed and future drain field areas) .
3. Proposed building plan and floor plan indicating structural
materials, exterior materials, location of mechanical
equipment, dimensions of all structures, design, description
of each use, the percentage of building square footage that
is to be designated for office, warehouse, storage etc... and
the number of potential persons employed or occupying the
site.
Perc Test and any supporting technical data required by the
Building Official.
4 • T m• ::U
Applicant: Richard L. Swenson w cee pho 447 -8124
Address: 19401 Normandale Road, Prior Lake Wo Phone: 447 -8124
Property Owner: G & E Properties c/o Jerry GrendahiH phone.
Address: 14221 Natalie Road, Prior Lake Wo phone. 447 -4720
Type of Ownership: Fee Contract Purchase Agreement x
Consultant /Contractor: L. J. Fennen Construction Pho 447 -4615
Existing Use
Of Property: Vacant land P resent Zoning:
Proposed Use
Of Property: Cornercial office and warehouse building
Legal Description I(ogge) WeICO dtvvYwe-
of Variance Site: See attached escription an d site plan
Variance Requested: Reduction from 150 feet to 100 feet of the reouirement
or setback from County Road 12
Has the applicant previously sought to plat, rezone, obtain a variance or corditional
use permit on the subject site or any part of it? Yes X hlo
What was requested:
When: D isposition:
Describe the type of improvements proposed: 200' x 60' office /warehouse build
(A)rcepleted application form. (B)Filing fee (C)Certified from abstract firm, names
and addresses of property owners within 100 feet of the exterior boundaries of t
subject property. (D)Cm plete legal description & Property Identification Number
(PID). (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 development plan, buildings:
parking, loading, access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PIANNIM COMMISSION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to providg information and follow the
procedures as outlined in the Ordinance.
Applicants Signature RICHARD L. SWENSON
Submitted this of March 1 989 G & F,-Rroperties r y _
THIS SPACE IS TO BE FII,LE OUT BY THE PLANNINO DIRBCIVR
PIANNIM COMMISSION _ APPROVE _ DENIED DATE OF HEARIM
CITY COUNCIL APPEAL _ APPROVE _ DENIED GTE OF HEAR=
CONDITIONS-
Signature of the Planning Director
Date
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8 -10 -1
CHAPTER 10
CONVEYANCE BY METES AND BOUNDS
SECTION:
8 -10 -1: Parcels of Record
8 -10 -2: Council Resolution Waiving Requirements
8 -10 -3: Building Permits in Violation of this Chapter
8 -10 -3
8 -10 -1: PARCELS OF RECORD: No conveyance of land within the City shall
be filed or recorded, if the land is described in the conveyance by mates
and bounds, by reference to an unapproved registered land survey made after April
1981, or by reference to an unapproved plat made after March 18, 1974. The foregoing
provision does not apply if the land described in the conveyance:
W) Was a parcel of record prior to March 18, 1974.
IS) Is a parcel of land not less than five (8) acres and having a width of not less
than three hundred feet 1300'1.
IC) Is a parcel of land not less then one acre and is located in the rural service
area as defined by the City Comprehensive flan.
8 -10 -3: RUILDINO PERMITS IN VIOLATION OF THIS CHAPTER: No
building permits shall be issued for construction or alteration of any
building or structure on any parcel of land which is conveyed in violation of the provisions
in Chapter 10 of this Title. (Ord. 87.10, 8- 17.87)
1147
8 -9 -1
CHAPTER 9
VARIANCES
SECTION:
8 -9 -1: Variances
8 -9 -1
6-9-1: VARIANCES: The Council may grant a variance from these regulations
upon receiving a report from the Planning Commission in any particular
case where the subdivider can show by reason of exceptional topography or any other
physical Cvditions that strict compliance with these regulations would cause exceptional
and undue hardship, provided such relief may be granted without detriment to the public
welfare and without impairing the intent and purpose of these regulations. The Planning
Commission may recommend variarxxs from the requirements of this Chapter in specific
cases which, in its opinion, would not affect the intent of the Comprehensive Plan
or this Chapter. Any variance thus recommended shall be entered into the minutes
of the Planning Commission, setting forth the reasons which justify the variance. A
variance application shall be filed with the subdivision application. (Ord. 87.10, 8.17.87)
1167
PLANNING RE'i - -: RT
ITEM: Prior Lake Industrial Park at Credit River Road
DATE: May 17, 1989
ISSUE:
Prior Lake Staff received an applicatic >n from Mr. Rick Swenson to
construct an industrial building i the above referenced
Industrial Park. The building is de- signed for office warehouse
and is to be located adjacent to Credit River Road and south of
parcel number 6, identified as Exhibit III, attached.
Staff has denied the application because of (1) The parcel is not
a lot of record and has never been subdivided and (2) Any
building in this district over 2000 feet must be sprinkled which
is impossible since the Park has no sewer or water, and (3) The
proposed building covered too much of the site and not enough
open space for on -site sewage treatment options.
Mr. Swenson desires to appeal to the City Council for relief. In
order to evaluate Mr. Swenson's reguest, the problems,
background, facts and options need to be identified.
PROBLEM:
The problem is that there is not one industrial zoned parcel in
Prior Lake currently available for develcr:ment. The Credit River
industrial area consists of 51 acres of which only 23.4 acres are
vacant. Public sewer and water are available but at a
prohibitive cost. The I -1 industrial area adjacent to Co. Road
21 is currently being farmed with little interest in industrial
development or potential. Although sewer and water is available
to this site, it is not an investment that has enticed neither
the private or public sectors. The principle reason is that
there does not appear to be a market for industry in Prior Lake.
In the last 13 years only 4 industrial buildings have been
constructed in Prior Lake, all located in the Credit River
Industrial Park and all on parcels of record.It has been staff
policy to issue permits to parcels of record if they can meet the
on -site septic system requirements. However, the on -site systems
limit uses to warehouse, storage or other low sewage generating
uses. The nature of the new uses include one mini - storage
business; bulk oil distributor; and two office warehouse
buildings for heavy equipment. Last pear, Prior Lake opted to
adopt a provision to require commercial and industrial buildings
over 2000 sq. feet to sprinkled. This provision requires access
to public water and eliminates industrial and commercial
development without city water.
The Prior Lake Subdivision Ordinance requires that no land can be
split, divided, improved or developed unless there is compliance
to the Subdivision regulations. This means the industrial park
must be subdivided before building permits can be issued or the
regulat.ons waived.
BACKGROUND:
The Credit River Industrial Park has evolved to its current
condition because of decisions in both the public and private
sectors. In the early 1970's the industrial park was annexed
from Spring Lake Township. The uses existing at the time
included Pavek's Machine Shop and the Scott -Rice Telephone
Company Warehouse. Presumably because of these two uses, the
area was designated industrial. Perhaps the proper zoning should
have been residential and allowed the existing uses a legal
non - conforming status.
The 50 acre park has now evolved into a potential land use and
infra structure compatibility problem. The negative visual
impression resulting from this development will someday comprise
immediate area residential neighborhoods and other businesses
that will locate in the park. Merely providing utility service
to the park will not change its negative image.
Prior Lake's . dustrial potential is limited at this time. The
industrial uses that we do attract however, are those that
require a lot of inexpensive land and usually involve outside
storage. These are the types of clutter uses that are zoned out
or cited out of inner ring communities.
Simply designating an area as industrial leaves a community for
short of an active industrial park. Most importantly, once an
area is zoned industrial it leaves the owner with no alternative
land use choices other than industrial. If the property cannot
be subdivided and comply with the other applicable standards it
renders the property virtually useless and results in a great
depreciation of value and perhaps an illegal taking. This is why
it is critical that a private sector industrial developer be
found who is willing to hold the land or the City purchase it and
hold it until a market develops.
In 1979, Mr. Jerry Grendahl and current owner of subject site,
proposed the subdivision of a portion of the I -zoned land along
Credit River Road. He was made aware of the problems and code
deviations necessary to develop his industrial land. He
proceeded with a plat and received preliminary plat approval from
City Council. One of the contingencies was the developer take
more responsibility for the industrial park and put together a
set of covenants. Staff was required to develop a list of uses,
their discharge rates, and criteria for dealing with on -site
septic systems. However, the developer chose not to proceed with
completing the platting process. On the positive side, the area
has evolved in accordance to the 1979 preliminary plat. on the
negative side, development has occurred based on minimal
improvements. It is rather doubtful that based on the uses in
the park, public improvements would now be welcomed.
ANNEXATIONS:
Annexation of Section 12 of Spring Lake Township will do nothing
to solve the current problems. To annex potential industrial
land from this section and rezone it to industrial without 'a
committed developer is not in the best interest of Prior Lake at
this time. If annexation is contemplated, the property should
come in as agricultural and remain agricultural until a developer
is found.
To extend utilities to the Industrial Park and Section 12 in the
near future in hopes of a market developing is a fiscally
dangerous move. The property is simply too far from the existing
utility area to force improvements on land for which there is no
market and the cost of the improvements outstrip what little
benefit is derived. Attached please find "Prior Lake Sewer and
Water Report" which outlines costs and alternatives for providing
service to the Credit River Industrial Park and the northern area
of Section 12.
ALTERNATIVES:
Mr. Grendahl and Mr. Swenson appear interested only in short term
solution. Perhaps the absence of long term solutions and their
costs contributed to the current situation. Mr. Grendahl should
be given options of how he can use his property but also maintain
the integrity of the area.
ALTERNATIVE 1
Provide the developer with immediate relief and waive the
subdivision requirements. Proceed with the amendment to the
building code amending the 2000 sq. foot requirement. Also
charge the developer the 10% park dedication fee normally
collected during the subdivision process.
ALTERNATIVE 2
Do not provide for immediate relief but authorize staff to do a
feasibility study for providing improvements to the industrial
park.
ALTERNATIVE III
Do not issue a building permit and do not authorize a feasibility
study but instruct the City Attorney to write an opinion as to
the taking without compensation issue and then make a decision
accordingly.
NOTICE OF HEARING
FOR
CONSIDERATION OF SETBACK, SUBDIVISION AND SEPTIC CODE VARIANCES
You are hereby notified that a hearing will be held by the
Planning Commission in the Prior Lake Council Chambers at 4629
Dakota Street S.E. on:
THURSDAY, JULY 6, 1989 at
Pafd!
PURPOSE OF HEARING To consider a variance application
for Richard Swenson.
SUBJECT SITE LOCATION 16940 Welcome Avenue.
Vacant parcel located northwest of
the intersection of Credit River
Road and Welcome Avenue.
REQUESTED ACTION The applicant has proposed to build
an office- warehouse building on the
subject site as per attached map.
The applicant has requested a 50
foot setback variance from Credit
River Road; A request to waive
subdivision requirements for the
site and a request to vary septic
code standards to allow a building
to be constructed with only one
septic site location.
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
June 29, 1989
4629 Dakota St. S.E.. Prior Lake Minnesota 55372 / Ph. (612) 4474230 / Fm: (612) 4474245
TO: PLANNING COMMISSION
FROM: DEB GARROSS
RE: DRAFT MEETING PROCEDURES
DATE: JULY 6, 1989
Attached find a draft copy of meeting procedures which could be
adopted by the Planning Commission. Staff was requested to
research bylaws and to develop a guide which would outline
meeting procedures. There are several sections in the draft
concerning agenda format; minutes; ethics; responsibilities of
Commissioners and other information pertinent to the conduct of a
Planning Commission meeting.
Please review the attached draft and be prepared to comment on
July 6, 1989. Staff would like to know if this is the proper
direction that the Commission wishes to pursue.
4629 Dakota St. S.E.. Prior Lake Minnesota 55372 / PK (612) 4474230 / Fax (612) 4474245
MMA�T
"BYLAW"
PLANNING COMMISSION PROCEDURES
JULY 6, 1989
SECTION 1 - CITY CODE CHAPTER 3:
2 -3 -1: COMMISSION CREATED, COMPOSITION: A Planning Advisory
Commission is hereby created for the City, its purpose
to be of an advisory nature to the City Council and
staff.
Said Planning Advisory Commission shall be composed of not less
than three (3) nor more than five (5) members, appointed by the
City Council. Only residents of the City shall be considered for
appointment. Said members shall serve for two (2) year terms
serving from July 1 to June 30, except, for the first term, two
(2) members shall be appointed for one -year terms.
The members of said Planning Advisory Commission shall elect a
chairperson and vice - chairperson from the appointed members of
their Board.
2 -3 -2: REMOVAL OF MEMBER: Any member of the Planning
Commission may be removed from office for just cause and
unwritten charges by a two - thirds (2/3) vote of the entire
Council, but such member shall be entitled to a public hearing
before such a vote is taken. In addition, any member may be
removed for nonattendance at Planning Commission meetings without
action by the City Council according to rules adopted by the
Planning commission.
2 -3 -3: MEETINGS, RULES: The Planning Advisory Commission will
meet on the first Thursday of each month, with an
optional meeting on the third Thursday of each month, or at such
other time as may be deemed necessary, providing adequate notice
is furnished of the public meeting.
2 -3 -4: DUTIES OF COMMISSION: The duties of said Planning
Advisory Commission are as follows:
(A) To acquire and maintain in current form such basic
information and background data that is necessary to an
understanding of past trends, present conditions and forces
at work to cause changes in these conditions.
(B) To prepare and keep current in conjunction with the City
Planner a comprehensive general plan for meeting present
requirements and such future needs as may be foreseen.
(C) To establish principles and policies for guiding action
affecting development in the City and its environs.
(D) To determine whether specific proposed developments conform
to the principles and requirements for the comprehensive plan
and the City ordinances.
(E) To keep the City Council and the general public informed and
advised as to all planning and development matters.
(F) To review and make recommendations to the Council on planned
unit development and subdivision proposals.
(G) To hold public hearings for subdivisions, planned unit
developments and rezoning, applications and furnish the
Council with information and recommendations of such
hearings. (Ord. 77 -7, 7- 11 -77)
The Planning Commission may approve variance and home occupation
permits pursuant to City Code. If approved, the applicant may
file a building permit, during regular office hours, following
the hearing date. Other applications including conditional use
permits, rezoning, and amendments to the Zoning and Subdivision
ordinance require review and final approval from the City
Council.
SECTION 2 - PLANNING COMMISSION ETHICS
PURPOSE: The purpose of this section is to provide broad
guidelines for the conduct of individual Planning
Commissioners. Each Planning Commissioner must bear the
responsibility of adherence. In the event a problem presents
itself, the chairperson shall take the initiative to resolve
it in a manor most appropriate.
(1) Planning Commissioners that have a current or ongoing
business relationship or vested interest with an applicant or
other parties with significant interest in the decision shall
refrain from discussion. Vested interest is to mean any
interest(s) or issues that may present a conflict of interest
now and in the future.
(2) A Planning Commissioner's opinion pertaining to a function,
organization or specific application shall not be given to
the media unless there is a clear qualification that the
opinion is that of the Commissioner end not that of the
entire Commission. If a Planning Commissioner gives or
represents the opinion(s) of the Planning Commission those
opinion(s) must be approved by a consensus of the Planning
Commission and recorded it its minutes.
(3) Planning Commissioners shall conduct themselves as
professionals when representing the Commission.
(4) A Planning Commissioner shall avoid any appearance of
impropriety.
SECTION 3 - PLANNING COMMISSION AGENDA AND MEETING FORMAT
Business of the meeting will be conducted according to the Agenda
prepared by the Director of Planning. A memo, report or brief
explanation of each agenda item shall be included in the Planning
Commission Agenda packet. The information provided by staff
should serve to inform the Planning Commission of the subject
matter under discussion. The information should explain in
detail the staff comments or work, or state that staff will
present the necessary details and comments at the meeting. The
meeting agenda will be prepared according to the following:
1. Call to Order
2. Approval of Minutes
3. New Business including Public Hearings
4. Other Business
5. Announcements and Correspondence
6. Adjournment
SECTION 4 - MINUTE PREPARATION
A. The Director of Planning is responsible for the minutes of
the meeting. The meeting proceedings will be tape recorded
and noted by hand by the Recording secretary or a designated
representative from staff.
The following two requirements for minute preparation will be
adhered to:
1. All motions will be typed in capital letters.
2. Names of the Commissioners will be listed after their
vote on the motion.
B. The official minutes shall be prepared and presented to the
Planning Commission at the next regularly scheduled meeting.
The minutes shall be reviewed by the Planning Commission and
the presiding, officer shall call for any additions or
corrections.
If an addition or correction is presented, the change must be
specific as to place, paragraph, and sentence.
Approval of the minutes requires a motion, second and a
majority vote of the members present at the meeting.
C. The Director of Planning is responsible for the maintenance
and filing of the minutes. The following procedure will be
used in filing of the minutes:
1. All minutes of the Planning Commission will be kept on
file in the office of the City Planner in hard copy or
on microfilm.
2. All tape proceedings, excluding public hearings, must be
kept for a minimum of one year from the date of
recording.
3. All tape proceedings that include public hearings must
be kept for seven years from the date of recording.
D. A copy of the minutes of the meeting shall be distributed
together with the agenda for the upcoming meeting. The
minutes and Planning Commission Agenda will be distributed
to:
1. Mayor and City Councilmembers
2. Planning Commission Members
3. Selected Staff members.
4. Selected residents and individuals indicated on the
mailing list kept by the Planning Department Secretary.
Remarks made by a member of the Planning Commission may be
entered into the minutes by stating that he /she desires to go
on the record. These remarks shall be entered into the
minutes by the Recording Secretary by way of synopsis, or
verbatim, if an individual member requests a verbatim
record.
A verbatim transcript request to be prepared by staff of all
or any part of a meeting, whether requested by the Planning
Commission, City Council, staff or general public, requires a
motion, second and a majority vote of the members present to
be approved.
SECTION 5 - QUORUM AND V PR
A. At each meeting a majority of all the members appointed, at
least three out of five, shall constitute a quorum for the
transaction of business.
B. The voting options available to the Planning Commission when
a vote has been initiated are: aye - an affirmative vote;
nay - a negative vote; and abstain - a neutral vote, neither
affirmative nor negative.
When a vote is to be taken, the presiding officer shall first
call for the ayes, then the nays, and if applicable, shall
call for the abstentions. The votes of each member shall be
recorded in the minutes. If a member of the Planning
commission is absent during a vote, the member's vote for the
official minutes shall read as "absent ".
SECTION 6 - ROLES AT MEETING
A. The Planning Commission encourages citizen attendance.
Attending the meetings helps to develop a more enlightened
and interested citizenry, which in turn, makes citizens more
aware of the City's problems and difficult issues.
Minnesota State law does not expressly permit citizens to
take an active part in the meeting proceedings or intervene
directly in the conduct of business. However, the importance
of timely and orderly citizen input at the meetings is
recognized.
B. On the majority of agenda items, if not all items, the time
for direct citizen input, comments and questions will be
immediately after the City Staff report and /or presentation.
During this time period, every member of the public desiring
to speak shall address the presiding officer (by raising a
hand or standing up) and upon recognition, shall confine
their remarks to the issue under consideration. The
presiding officer may use her /his discretion when an
individual member of the public requests to speak more than
once on a single issue.
C. Immediately after citizen input is finished on the issue,
the members of the Planning Commission take turns addressing
the issue. Each individual member of the Planning Commission
may recognize a member of the public when the member has been
recognized to speak by the presiding officer. Members of the
governing body must use judgment and discretion when
recognizing members of the public to speak during the time
they have the floor.
D. FIembers of the general public, interested parties or their
authorized representatives may address the Planning
Commission by written communications in regard to matters
under discussion. Written communications may be read aloud
at the meeting if so requested by the author. The
communications) shall be read by the presiding officer or
her /his designee.
E. one member of the Planning Commission shall serve as the
Chairmember and one as Vice Chair. The Vice Chair shall
preside at all meetings when the Chairmember is absent form
the meeting. When the Vice Chair is presiding at the
meeting, he /she shall assume the authority and responsibility
of the presiding officer at the meeting. A new Chairmember
and Vice Chair shall be chosen on an annual basis. The
reorganization shall occur on the first regularly scheduled
meeting in August.
F. The Chairmember shall be the presiding officer at all
meetings. If the chairmember is absent, the Vice Chair shall
preside at the meeting. If in the event the Chairmember and
Vice Chair are absent, the Director of Planning shall call
the meeting to order and preside until such a time that the
Planning Commission elects among itself a member to preside
at the meeting. The presiding officer, at all times, shall
be allowed to vote in the same manner as all other
Commissioners.
The presiding officer has two unique powers: Interpreting and
applying the rules of procedure; and recognizing speakers
from the audience. Such authority, although considerable,
should not be freely used in support of the presiding
officer's own convictions. That official has an obligation
to be impartial and objective in conducting the meeting.
The presiding officer shall open all public hearings at the
Predetermined time and date. the presiding officer may, for
informational purposes, state the purpose of the hearing or
read the public notice ailingfor the hearing into the
record of the meeting proceedings.
The presiding officer shall recognize all streakers from the
audience, except when a member of the Planning Commission has
the floor and they expressly recognize a member of the
audience who desires to speak on the issue under
consideration.
2
The presiding officer has the responsibility to facilitate
discussion by the Planning Commission. This may occur in a
variety of ways, including:
1. Interpret and apply rules of procedure.
2. Decide whether motions are properly made.
3. Decide whether motions are in order.
4. Decide whether questions of special privilege ought to
be granted.
5. Decide when to recognize speakers.
6. Call for motions or recommend motions.
7. Expel disorderly persons from the meeting.
8. Enforce speaking procedures.
If a motion is unnecessary, unsuitable for consideration,
and /or proposed at an inopportune time for the purpose of
delaying or embarrassing others, the presiding officer may
rule the motion out of order on her /his own initiative.
The presiding officer is responsible for maintaining order at
the meetings. Although meetings must be open to the public,
no person who is noisy or unruly has a right to remain in the
Council Chambers. When individuals abuse their rights to be
present, the presiding officer, subject to overrule by the
Planning Commission, can order their removal from the room.
SECTION 7 - PUBLIC HEARING FORMAT
A. Public hearings shall be conducted in the following manner:
1. The Chairmember calls the public hearing to order and
declares the time of opening. It is the intent of the
Planning Commission to open all public hearings at the
predetermined and published time. From a practical
standpoint, not all hearings can be opened at their
designated time. The presiding officer may delay the
start of a hearing until the business at hand is acted
upon, in any manner, by the Planning Commission. In no
circumstances can a hearing be opened prior to the
predetermined and published time.
It will be the general policy of the Planning Commission
to conduct hearings at their established time.
2. The presiding officer shall read, from the hearing
notice, the details on the hearing sufficient to provide
the public a general understanding of the purpose of the
hearing.
3. The Recording Secretary shall pass out to the audience a
sign up sheet with columns for name, address and phone
number. This sheet shall become part of the public
hearing record.
4. The presiding officer should announce the type of input
then may be received by the citizens - informal or
formal.
5. If applicable, the applicant should make a presentation
or report on the subject matter.
6. Staff shall make a presentation or report on the subject
matter for the hearing.
7. The presiding officer shall ask for citizen input,
comments and questions. The presiding officer or
individual member of the Planning commission who has the
floor may recognize individual members of the public for
speaking purposes.
8. The Planning Commission shall address the subject matter
through deliberation, questions to citizens and staff,
and reactions and statements of position on the
subject.
9. The Planning Commission should take action on the
application before them ii. the form of a motion.
However, the Commission may formulate a recommendation
which outlines the parameters under which an approval
would be granted.
10. The presiding officer shall close the public hearing and
state the time the hearing is closed.
(B) If the Planning commission decides to continue the
deliberation on the subject matter of a hearing, the
presiding officer in consultation with the Director of
Planning shall select a time and date during a future
regularly scheduled meeting to reopen the hearing for
further deliberation and possible action.
No additional publication or notice requirements are
needed if a hearing is continued to a later date.
(C) In the event that an issue is denied, the applicant has
the option to appeal the decision of the Planning
Commission to the City council. The process of appeal
begins with the applicant who should contact the City
Manager during regular office hours, to - schedule the
appeal before the City Council.
—�— —t .
)a
R
REGULAR PLANNING COMMISSION MEETING
AGENDA
JULY 20, 1989
7:30 P.M.
CALL TO ORDER
7:30 P.M.
REVIEW MINUTES OF PREVIOUS MEETING
7:35 P.M.
HEARING VAR7A KATHLEEN MORRIS
8:00 P.M.
HEARING VARIANCE BILL MaDONALD
8:30 P.M.
BY -LAW DISCUSION STAFF
* 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 Lake, Minnesota 55372 ; Ph. (612) 4474230 / Fax (612) 4474245
PLANNING COMMISSION
MINUTES
JULY 6, 1989
The July 6, 1989 Prior Lake Planning Commission Meeting was
called to order at 7:30 p.m. by Chairman Wells. Present were
Commissioners Kedrowski, Arnold, Wells, Loftus, Assistant Deb
Garross, and Planning Intern Gary Schmitz. Commissioner Roseth
arrived at 8:15 p.m.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY KEDROWSKI, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS
WRITTEN.
Vote taken signified ayes. MOTION CARRIED.
Ms. Garross reported that the DNR had no additional comments to
the zoning Amendment Section 4.2.
Pat Lynch, DNR Area Hydrologist, will accept an invitation to
meet with the Planning Commissioners at a future date.
ITEM II - PUBLIC HEARING - ZONING MAP AMENDMENT
Public Hearing called to order at 7:35, public was not in
Lttendance.
Purpose of hearing is to add natural environmental lake #70 -77,
stream and corresponding shore land district to the zoning map to
correct an error that occurred in 1987. Mr. Jeffers, who is the
property owner, has no objections to the amendment.
MOTION BY KEDROWSKI, SECOND BY ARNOLD, TO RECOMMEND THAT THE
ZONING MAP BE AMENDED TO REFLECT THE ADDITION OF THE LAKE,
UNNAMED TRIBUTARY AND SHORE LAND DISTRICT.
Vote taken signified ayes. MOTION CARRIED.
MOTION BY KEDROWSKI, SECOND BY ARNOLD, TO CLOSE THE PUBLIC
HEARING.
Vote taken signified ayes. MOTION CARRIED.
Deb Garross presented the draft on Planning Commission meeting
procedures.
The Commissioners discussed meeting guidelines and suggested that
a policy be written concerning absenteeism, and that a new
definition be written for voting abstentions. Discussion closed
at 8:00 p.m. to be continued at a later time.
4629 Dakota St. S.E., Prior Lake Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
PLANNING COMMISSION MEETING MINUTES JULY 6, 1989 PAGE 2
ITEM III - JOHN McCARTHY - LAKESHORE VARIANCE
Mr. McCarthy, 15130 Martinson Island Road, stated that they would
like to add a sunporch to their residence and need a 35'
lakeshore variance.
Gary Schmitz presented information as per memo of July 6, 1989.
A call from Sue Oldenberg, 4480 Lord's St. N.E., stating she had
no objections to the variance, was read into the record. In
addition, a letter from the DNR stating they were opposed to the
variance and recommended an alternative was also read into the
record. Staff had no objections to the variance since it would
not be out of character in the neighborhood and the proposed
construction would be built with setback consistent with the
adjacent home.
Comments from the Commissioners concerned design of structure,
past variances granted to homes in the area, and variance is in
line with other properties.
MOTION BY KEDROWSKI, SECOND BY ARNOLD, TO RECOMMEND THE 35 FOOT
LAKESHORE VARIANCE BE GRANTED, REASONS BEING THAT IT IS NOT OUT
OF CHARACTER WITH THE EXISTING NEIGHBORHOOD.
Vote taken signified ayes by Wells, Kedrowski, Arnold and Loftus.
Commissioner Roseth abstained as he had just arrived. MOTION
CARRIED.
Meeting adjourned until 8:30 p.m. at which time the next agenda
item was scheduled.
Meeting called back to order at 8:30 p.m. by Chairman Wells.
ITEM IV - MRS. C.E. MICKLEY SIDEYARD VARIANCE
Jace Mickley, son of Mrs. C.E. Mickley, 14476 Shady Beach, stated
that his Mother would like to build a 19X24 foot attached garage
and is requesting a 5 foot east sideyard variance.
Deb Garross presented information as per memo dated July 6, 19x9.
Staff recommendation is to approve the variance with conditions
as stated in the memo.
Don Price, 14480 Shady Beach Trail, adjacent property owner on
the east side, opposed the variance application. Mr. Price
presented pictures showing the remodeling done on his property
and felt that having a garage built close to his property would
decrease the value of his home and distort his view from the
bedroom window.
PLANNING COMMISSION MEETING MINUTES JULY 6, 1989 PAGE 3
Tom Price, 13750 - 65th Place, Maple Grove, son of Don Price,
feels that there are other options available for building the
garage. Mr. Price is in sympathy with the applicant in her
request but felt the building could be downsized as not to
restrict the view, airflow, value, sunlight, freedom of movement,
sitelines, value of property and could be a fire hazard.
Jace Mickley stated the reason the garage is being built is so
his Mother would not have to walk outside to her vehicle and the
size is needed in the event someone has to live with her if she
is unable to be alone. Any other option is too costly for his
Mother. Mr. Mickley stated that alternate locations had been
explored for a garage, however, the existing home design does not
allow for an attached garage in any other location.
Comments from the Commissioners were that a two car garage is not
unreasonable, conditions outlined would have to be met, and were
other design alternatives considered. Variance is not out of
character with other homes in the immediate neighborhood.
MOTION BY ARNOLD, SECOND BY KEDROWSKI, APPROVE 5 FOOT EAST SIDE
YARD VARIANCE FOR LOT 6, SHADY BEACH 2ND ADDITION, AND THE
TWO CONDITIONS RECOMMENDED TO BE INCLUDED ARE AS FOLLOWS:
THE GARAGE ADDITION BE CONSTRUCTED WITH A CONSISTENT
SETBACK FROM THE 904 AS THE EXISTING HOME.
THE EXISTING TIN SHED LOCATED ADJACENT TO THE DRIVEWAY
BE REMOVED ALONG WITH THE TIRES AND DEBRIS STORED
IMMEDIATELY OUTSIDE OF THE STRUCTURE.
RATIONALE BEING THAT VARIANCE IS CONSISTENT WITH THE PAST
VARIANCES AND IS NOT DETRIMENTAL TO THE HEALTH AND WELFARE OF THE
NEIGHBORHOOD.
Vote taken signified ayes by Kedrowski, Arnold, Wells and Roseth.
Nay by Loftus, reason being that a 5 foot variance is too close
to the living space of the adjoining property to the east and a
better alternative design may exist.
ITEM V - DONALD HALLORAN - SIDEYARD VARIANCE
Donald Halloran, 17403 Sunset Trail, stated he wanted a 20X20
detached garage and needed a 5 west side yard variance for the
site he had chosen. Mr. Halloran presented a letter from his
neighbors in support of his variance request.
Deb Garross nresented report as per memo of July 6, 1989. Staff
recommendation is to deny the variance as there are alternate
locations available on site for a detached garage without
variances and this property was recently platted and built under
current zoning standards. In addition, the site chosen is located
within a utility easement.
PLANNING COMMISSION MEETING MINUTES JULY 6, 1989 PAGE 4
Mr. Halloran felt this was the only site possible to build.
Chairman Wells read letter from Mr. Donald Halloran, 17403 Sunset
Trail, Prior Lak•, MN 5572, dated July 5, 1989, listing names of
neighbors agreeing to the variance;
Mike Muelken, 17395 Sunset Trail S W, Prior Lake, MN 55372
Linda Grassini, 17387 Sunset Trail, Prior Lake, FN 55372
Nancy Brick, 17419 Sunset Trail, Prior Lake, MN 55372
Judy Eide, 3013 Fairview Road, Prior Lake, MN 55372
Mark Hurt, 3019 Fairview Road, Prior Lake, MN 55372
Dan King, 17414 Sunset Trail, Prior Lake, MN 55372
Comments from the Commissioners were on location of garage,
easement requirements, responsibility to adhere to codes, owner
is responsible to know property.
MOTION BY KEDROWSKI, SECOND BY ROSETH, TO DENY THE 5 FOOT
WEST SIDEYARD VARIANCE, REASON BEING THAT LAND WAS PLATTED IN
1983 AND NO HARDSHIP HAD BEEN DEMONSTRATED AND THE PROPOSED
CONSTRUCITON SITE ENCROACHES ON THE DRAINAGE EASEMENT.
Vote taken signified ayes. MOTION CARRIED.
ITEM VI -RICK SWENSON- SETBACK SUBDIVISION S SEPTIC CODE VARIANCE
Rick Swenson, 1941 Normandale Road, Prior Lake, MN, stated his
proposal is to build a 12,000 sq. ft. office /warehouse building
at 16940 Welcome Ave. in the Industrial Park and he is requesting
a variance from the county road setback requirement, waive
subdivision requirements and a variance on septic code
standards.
Deb Garross presented the report as per memo of July 6, 1989.
Variance has been changed from 50' to 29' from the county road.
Staff recommends tabling the application until site plans, septic
study and building plans are completed. At this time the
Planning Commission was asked to consider the concept plan and
give direction to the applicant.
Comments from the Commissioners were in favor of concept, City
should take action to help develop the Industrial Park,
clarification on usage, coverage ratio, and the consensus was
that a plan could be worked out.
MOTION BY KEDROWSKI, SECOND BY ARNOLD, TO TABLE THE APPLICATION
AND BE PRESENTED AT THE NEXT AVAILABLE PLANNING COMMISSION
MEETING AFTER THE FOLLOWING INFORMATION HAS BEEN SUBMITTED AND
ACCEPTED BY STAFF:
1. PARKING LOT PLAN DELINEATING THE NUMBER AND DESIGNATION
OF PARKING STALLS, TRAFFIC CIRCULATION, AND LOADING
AREAS.
PLANNING COMMISSION MEETING MINUTES JULY 6, 1989 PAGE 5
SITE PLAN INDICATING EXTERIOR STORAGE AREAS, LOCATION OF
TRASH CONTAINERS, WELL LOCATION, SEPTIC SYSTEM AND
ALTERNATE DRAIN FIELD LOCATION. IN ADDITION, THE
APPLICANT SHOULD INDICATE THE METHOD BY WHICH THE DRAIN
FIELD AREA WILL BE PROTEC (FOR EXAMPLE A FENCED
AREA VENT STORAGE ON OR TRAFFIC CIRCULATION MAINTAINED BE OVER THE
PROPOSED AND FUTURE DRAIN FIELD AREAS).
PROPOSED BUILDING PLAN AND FLOOR PLAN INDICATING
STRUCTURAL MATERIALS, EXTERIOR MATERIALS, LOCATION OF
MECHANICAL EQUIPMENT, DIMENSIONS OF ALL STRUCTURES,
DESIGN, DESCRIPTION OF EACH USE, THE PERCENTAGE OF
BUILDING SQUARE FOOTAGE THAT IS TO BE DESIGNATED FOR
OFFICE, WAREHOUSE, STORAGE, ETC... AND THE NUMBER OF
POTENTIAL PERSONS EMPLOYED OR OCCUPYING THE SITE.
PERC TEST AND ANY SUPPORTING TECHNICAL DATA REQUIRED BY
THE BUILDING OFFICIAL.
Vote taken signified ayes. MOTION CARRIED.
A three minute recess was called at 9:57 P.M. Chairman Wells
asked to be excused and turned the gavel over to Commissioner
Kedrowski for byicommissionermKedrow Meeting called to
ski .
Dave Unmacht, City Manager, addressed the Commission on several
items. Congratulations were extended to Commissioners Arnold,
Roseth and Loftus on being reappointed to the Planning Commission
for two years.
Mr. Unmacht asked for a volunteer from the Commissioners to serve
on the Lake Review Study Committee. The Committee's
Mr.
responsibilities like thetnamedofrthelvolunteerCbymAuguste and
3.
The second item Mr. Unmacht presented to the Planning Commission
was the Industrial Park situation. The atmosphere has changed
from residential to industrial planning. Several possiblities are
Professional consultants are
the city Prior Lake.
to
Lake.
The clarification on the duties of the Economic Development
that1theePlanningicommissionersobeisplaceds on e was made
EDC mailing
list.
PLANNING COMMISSION MEETING MINUTES JULY 6, 1989 PAGE 6
MOTION BY KEDROWSKI, SECOND BY LOFTUS, TO TABLE THE DISCUSSION ON
PLANNING COMMISSION MEETING PROCEDURES UNTIL NEXT MEETING.
Vote taken s<_.gnified ayes. MOTION CARRIED.
MOTION BY ARNOLD, SECOND BY ROSETH, TO ADJOURN MEETING.
Vote taken signified ayes. MOTION CARRIED.
Meeting adjourned at 11:10 p.m.
Tapes of meeting available at City Hall.
Deb Garross Rita M. Schewe
Assistant City Planner Recording Secretary
NOTICE OF HEARING
FOR
VARIANCE APPLICATION
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, JULY 20, 1989 at
P.M.
PURPOSE OF HEARING To consider a variance application
for Kathleen Morris.
SUBJECT SITE LOCATION 2615 Spring Lake Road
Part of Lot 11, Lot 12 and part of
Lot 13, Butternut Beach.
REQUESTED ACTION The applicant wishes to convert the
existing garage to living space and
to add an addition and garage to the
westerly side of the home. The
following variances would be
required in order to build the
additions as proposed:
3.27' west side yard; 44'front yard
variance from County Road 12, and a
variance from the 30% lot coverage
standard which is applicable in the
shoreland district.
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
JULY 13, 1989
4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
"VA16PC"
PLANNING REPORT
SUBJECT FRONT AND WEST SIDE YARD VARIANCE
APPLICANT KATHLEEN MORRIS
SITE: 2615 SPRING LAKE ROAD
DATE: JULY 20, 1989
INTRODUCTION:
The P laanning Department has received a variance application from
Kathleen Morris. The proposal is to convert existing garage
space to living space; add a 22.33 x 32 foot addition to the
northerly side of the existing home and to add a 4' x 22' walkway
along the southerly side of the existing home. The applicant is
requesting a 44 foot front yard variance from County Road 12;
3.27 west side yard variance and a 23% coverage ratio variance
for the subject site.
BACKGROUND:
The site contains approximately 5,682 square feet and is located
within the plat of Butternut Beach. The area was platted in 1926
and was annexed to Prior Lake in the early 1970'x. The site is
zoned R -1 Urban Residential and is located within the S/D
Shoreland District. The DNR and Scott County Highway Department
have been notified of this variance request.
DEVELOPMENT ISSUES:
The critical components of this application in terms of a staff
analysis concern the proximity of the proposed construction to
County Road 12. County Road 12 is designated as a Collector
Street in the Prior Lake Comprehensive Plan. Collector streets
are designed to collect traffic from local streets and direct it
to arterial street systems. The Comprehensive Plan indicates
that collector streets will be designed to include 80 foot
rights -of -way with 44 feet devoted to pavinc,,. Existing County
Road 12 contains 2 lanes and is 24 feet wide. Any potential
upgrade of County Road 12 would likely require an additional 7
feet of right -of -way on each side of the road. Should this
occur, the new right -of -way line would be located within 1 foot
of the proposed construction.
4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245
Staff is concerned that the coverage ratio, with the proposed
construction is excessive. Building options for the subject site
are extremely limited due to the small lot size. The shoreland
management ordinance specifies that the maximum lot coverage
should not exceed 30 %. The proposed construction contains a
coverage ratio of 53 %. The DNR is expected to provide comments
concerning this application however, no information was available
at the time this memo was written. Staff anticipates presenting
the DNR comments at the Planning Commission meeting.
STAFF RECOMMENDATION
The recommendation from staff is to deny the variance
application. The proposed construction is in conflict with the
objectives of the transportation component of the Comprehensive
Plan. It is the opinion of staff that allowing such an
encroachment in the front yard and adjacent to a designated
collector facility is not in the best interest of the public.
V 0 -J0
PIDi
CITY OF PRIOR L&U
APPLICATION FOR VARIANCE
Applicant: R. Kathleen Morris
w age Phone. -5653
Address: 2615 Spring La Rd
wb rk Phone: 49696 -2 27
Property Owner: R. Kathlee n Morris
H ome Phone ;445 -5653
Address: 2615 Spring Lake Rd.
ck Phone: 496-2622
Type of Ownership: Fee Contract Ban
Purchase Agreement
Consultant /Contractor; Nordwest Builders Inc
__ Pho ne: 894 -3770
Existing Use
of Property: homestead
p resent Zoning : home
Proposed Use
of Property
Legal Descr
of Variance
ead livi
te• East 15ft. of lot 11 all of lot 12 West 2ft. lot 13
Variance Requested: side set back and rear set back
Has the applicant previously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? Yes _X--!)o
what was requested:
When: D isposition:
Describe the type of improvements proposed: ad dition for bedroom and tvn
other
STC ;eason is to stop water problem in back yard
(A)Gmpleted 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)Canplete legal description 6 Property Identification Number
(PID). (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' shoving: The site development plan, buildings:
parking, loading, access, surface drainage, landscaping and utility service.
ONLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING 0OMML4SION.
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�p ovi inf „p�tiArn and�follw the
procedures as outlined in the Ordinance. vim” 4jpas tf r
Submitted this _day of July X9 89
THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRBCTOR
PLANNING COMMISSION _ APPROVED _ DENIED DATE OF BEARING
CITY COUNCIL APPEAL _ APPROVED _ DENIED DATE OF BMW
CONDITIONS:
Signature of the Planning Director Date
VARIANCE SURVEY PREPAREDFM
KATHLEEN MORRIS
1221 4TH AVE SUITE 195
SHAKOPEE, NN. 35379
Va1kY Engineering c I
SURE 120-0, 16670 MANKLM TAIL
FRANKLIN TRAIL OFFICE Como OMWLAI
PRIOR LAKE, MINNESOTA 535)2
TELEPHONE 16151447_2570
447 -3241
CO. ROAD NO. 12
(SHORELINE BLVD.)
ecn S al-
APPLICANT KATHLEEN MORRIS
SITE: 2615 SPRING LAKE ROAD 8 1 26 11 ;
REQUES 3.27 west side; AA•
Front yard variances
a coverage ratio varian4o
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R. Collector Streets
Collector Streets are designed to collect traffic from local streets and
direct it to the arterial street system. Collectors will be designed to
include 80 foot rights -of -way with 44 feet devoted to paving. Direct lard
access is possible but local street intersections will be spaced to minimize
the number of four -way stops.
1. Franklin Trail
160th Street
3. 170th Street - County Road 81 - Northwood Road
4. Duluth Avenue
S. Crest Avenue - 145th Street
6. County 83
7. County 17
Sane additions to the Functional Classification System involve Northwood
Road, Crest Avenue south of County 42 and Duluth Avenue. The addition of
Duluth Avenue recognizes an existing pattern which will became more
extensively used as development moves north of the lakes. The linking of
170th Street and Northwood Road is intended to remove through traffic from
Spring Lake Park and to connect the west neighborhoods within the proposed
urban districts. Similarly the Crest Avenue connection to County Road 21
will provide access between the two north neighborhoods and the proposed
industrial land reserve.
C. Local Streets
Local Streets collect and distribute traffic between developed lard and the
system of collectors and arterials. They provide access to the properties
which abut them. Local Street design is carefully reviewed by the Staff,
Planning Camnission and City Council to determine compliance with the City
Subdivision Regulations.
Transportation improvements to be undertaken by Prior Lake during the next
five years include one collector and three local streets. Improves ent cost
for the collector will be shared between the developer of the adjoining
subdivision and the assignment of gas tax revenues. one of the local
streets will be paid entirely through assessments while the other two will
be financed partially through assessments and the rest through the general
fund. The relative proportion of shared cost is calculated for each
project.
PLANNING REPORT
SUBJECT: FRONT YARD VARIANCE
APPLICANT: WILLIAM McDONALD
SITE• 4377 QUINCY ST.
DATE- JULY 20, 1989
INTRODUCTION• t
The applicant is proposing to construct a single family home at
4377 Quincy Street, with a front yard setback of 80 feet from the
centerline of County Road 21 requiring a 5 foot front yard
variance.
BACKGROUND:
The su 7ec site is located at the intersection of Quincy Street
and County Road 21. Its current zoning is R -2 residential and is
in the S -D Shoreland District. The applicant appeared before the
Planning Commission on April 2, 1987, seeking 36.5 foot front
yard variance from County Road 21 which was a 73$ reduction in
the front yard setback. The required setback in 1987 was 50 feet
measured from the right of way line. In 1989, the City Council
changed the setback for county roads to 85 feet measured from the
center of the traveled roadway. The proposed single family home
was approximately 1500 square feet.
On April 2, 1987 the Planning Commission voted unanimously to
deny the variance since a home could be constructed north of
Quincy Street without a variance which is part of the 2.5 acre
McDonald site (see attached minutes). On July 20, 1987, the City
Council considered the variance on appeal and found that the
portion of the McDonald site south of Quincy Street was not
buildable due to an inadequate building envelope (see attached
minutes). Staff also recommended to deny the variance based on an
excessive variance and an alternative building site (see attached
Staff analysis dated April 2, 1987). A number of residents from
the area opposed the variance because of safety factors,
establishing procedure and obstruction of view.
STAFF ANALYSIS
Perhaps a only reason the applicant has reapplied for a
variance for this site is the enlarged building envelope that has
resulted because of the Zoning Ordinance Amendment. In this
situation the amendment has reduced the structure setback from
County Road 21 by 15 feet. The building envelope that has
resulted is large enough to construct a marginal single family
4629 Dakota St. S.E.. Prior lake Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
home. The applicant has also reduced the size of the home from
1500 square feet to 1225 square feet.
Although the subjects current R -2 residential zone requires a
minimum lot size of 6000 square feet with 60 feet of frontage on
a public road, the subjects dimensions exceed these minimum
standards by a considerable amount. However, the pie shape and
larger setback requirements of County Road 21 require the
construction of an unique and elongated home. On the other hand
minor enlargements to the building envelope will allow a
conventional home to be construction with a better visual
impression and consistent with the character of the neighborhood.
The home impacted the most is developed adjacent to the east in a
50 X 150 foot lot. When constructed in 1984 this home received a
4.5 foot front yard variance from Quincy Street and a 5 foot side
yard variance. To date these variances have not caused any
problems. Quincy is a local low volume street that serves a
small portion of the central neighborhood. There should be no
reason why the building envelope for the subject site should not
be increased by 4.5 feet closer to Quincy.
The R -1 neighborhood to the east is platted into predominately 50
X 150 foot lots. Over the years some have been combined to form
larger lots. Housing styles and ages vary from older summer
cabins and homes to recently built homes. Many of the homes and
some of the newer ones are at variance with setbacks or have
received variances in recent years.
The 5 foot variance from County Road 21 translates to a 6t
variance. Scott County Highway Department has stated they have
no objections to the variance. County Road 21 is classified a
minor arterial in the Prior Lake Comprehensive Plan. County Road
21 was recently upgraded to 100 feet of right of way with four
undivided lanes of travel at speeds not to exceed 30 MPH. A
walking path on the north side and a bicycle path on the south,
serve as softening features from the negative influence of County
Road 21. Under the circumstances the impact of a 5 foot or
perhaps 6 or 8 foot variance would be minimal.
STAFF RECOMMENDATIONS:
It is recommended that the 5 foot front yard variance from County
Road 21 be approved since it is not detrimental to the general
health and welfare of the community. Furthermore the arterial
traffic on this has a maximum speed of 30 MPH. With the variance
the developer has more design options with greater opportunity
for architectural consistency with the neighborhood.
CITY OF PRIOR TAKE
APPLICATION FOR VARIANCE
Applicant: Vjnjj J W. Mc DONALD phone. Sr >i
Address: 5500 W rk Phone:
Property Opener: IDINA. H ane Phone:
Address: Work Phone:
Typo of Ownership: Fee Contract Purchase Agreement
Consultant /Contractor: Pho ne:
Existing Use
Of Property: E -:U •„`r esent Zoning: l� 2
Proposed Use
of Property: �
Legal Description �<
of Variance Site:
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? _X Yes _No
What was requested:_ L 4' F < �< — ro' 5 Iv«.� e>
Describe the type of improvements proposed: eZ 4,. 2 S r Cc Fc rlo rnQ.
SUBMISSION REOUIREMENM-
(A)Cmpleted application form. (B)Filing fee (C)Certified fray abstract firm, names
and addresses of property owners within 100 feet of the exterior boundaries of the
subject property. (D)Canplete legal son on 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 sap at 1 20' -50' showing- The site development plan, buildings:
parking, loading, access, surface drainage, landscaping and utility service.
ONLY 000.3,ETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING COMMISSION.
To the beat 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 pr 1 3 and follow the
procedures as outlined in the Ordinance. / /_ Q /�
Submitted this L_day of 19 l
10
THIS SPACE IS TO BE FILL® OUT BY THE PLANNING DIRECTOR
PLANNING COMMISSION _ APPROVED _ DENIED DATE OF HEARING
CITr COUNCIL APPEAL _ APPROVED _ DENIED DATE OF HEARING
CONDITIONS:
Signature of the Planning Director Date
Applicant: Bill McDonald
_:ite Adds..: 4377 Quincy St.
Request: S' front yard variance from
County Road 21
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NOTICE OF HEARING
FOR
FRONT 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, JULY 20, 1989 at 8:00 P.M.
PURPOSE OF HEARING To consider a variance application
for William McDonald.
SUBJECT SITE LOCATION 4377 Quincy St.
RLS 116 Southeast corner of Tract A
R EQUESTED ACTION The applicant wishes to build a
single family home and is requesting
a 5' front yard variance from County
Road 21.
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
JULY 13, 1989
4629 Dakota St. S.E., Prior lake Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245
CITY OF PRIOR LAKE
SUBJECT•
To consider a 36.5 foot front yard variance for 4377 Quincy Street S.E. to
construct a single family home.
STAFF ANALYSIS:
The subject site is a approximately 10,000 square foot corner lot that is zoned
R-2 residential. The minimum R-2 standards for a single family lot are 6,000
square feet in area and 60 feet of frontage on a public road. The subject site
meets both of these minimum standards. The setback requirements, however,
reduce the building envelope to nothing more than a single stall garage. The
front yard setback from County Road 21 is 50 feet, Quincy Street 25 feet with
the other two property lines are considered as side property lines and having 10
foot setback requirements.
The applicant's proposal is to construct an approximate 1,500 square foot single
family rambler home on that part of Tract A, R.L.S. 116 lying south of Quincy
Street. The subject site is part of a larger Tract which was recently rezoned
from P.U.D. to its underlying zoning of R-2. Prior to the rezoning the
applicant had an approved P.U.D. that allowed him to construct an 18 unit
condominium. In 1985 County Road 21 was realigned and reconstructed on the
applicant's property eventually resulting in the sale of Tract B, R.L.S. 116 to
Scott County for road right of way. This sale severely restricts the use of the
subject site. Any access to the site must be from Quincy Street a local street
rather than County Road 21 which serves as a collector street.
The residential area to the east is zoned R-1 and predominately developed with
single family homes. This residential neighborhood consists of both older homes
some severely dilapidated and also recent construction. The hone owners
immediately to the east are opposed to the variance, according to then, any
construction would block their view of the lake. The proposed home would
severely restrict the views of two homes.
The applicant can obtain one building permit for Tract A, R.L.S. 116. Be chose
to place the home south of Quincy Street where building options are severely
limited but maximization of the land would occur. However, the same home could
be constructed north of Quincy Street also in Tract a without any variances.
STAFF RECOIR=M%LQ •
Under the circumstances the application should be denied. The amount of setback
is only 278 of the required amount of 50 feet. It is desirable to have owner
occupied residential structures setback as far as practical from a higher volume
road such as County Road 21. The applicant has an alternative to build on Tract
A but north of County Road 21. It would appear that residential construction of
any kind would be prohibitive on the site south of Quincy Street.
(612) 447.4230 4629 DAKOTA STREET S.E. P.O. BOX 369 PRIOR LAKE, MINNESOTA 55372
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MINUTES OF THE PRIOR LAKE PLANNING COMhII.SSION APRIL 2, 1987
City Planner Graser commented per mein dated 3 -31 -67 and discussed the history
of the P.U.D., site elements such as overstory, location of units, density and
transition between single family homes and townhcmes.
Several residents were opposed to the change fran single family to townhouss.
Specifically, they felt that the townhouse would devalue their property and that
two caws of single family homes were needed for adequate buffer.
The Planning Commissioners discussed the Harbor 6th P.U.D. Amendment with regard
to increased density, buffer area between single family homes and townhomss,
height of townhanes buildings, terrain/elevations, the preservation of trees on
the site, green space and open area, market value and quality and design of the
townhanes and single family hones.
MOTION BY ROSETH TO APPROVE THE HARBOR 6TH ADDITION P.U.D. AMENDMENT FOR LOTS 1,
2, 3, BLOCK 1 AS PRESENTED. THERE IS NO OVERALL CHANGE TO THE P.U.D. AND THE
AMENDMENT WOULD NOT BE DETRIMENTAL TO THE ENVIRONMENT NOR INCREASE DENSITY
BEYOND WHAT WAS ORIGINALLY APPROVED, SBOONDED BY KEDRCWSKI.
Upon a vote taken, ayes by Arnold, Kedrowski, Roseth, Wells; nay Loftus (He had
concerns regarding the height of the structures and felt the additional row of
single family hones would serve as a better buffer to the existing hones in the
area), the motion carried.
MOTION By H SETH TO CLOSE THE HARBOR 6TH ADDITION P.U.D. AMENDMENT PUBLIC
DARING, SEOONUM BY WELLS.
Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion
passed unanimously.
*The tape of this hearing will be kept on file in the office of the City Planner
as the official record of this Public Bearing.
rM V - PUBLIC HEARING - PRIOR LAKE 2ONHW ORDINANCE
City Planner Graser commented that the Public Hearing should be continued to
April 16, 1987 at 9 :00 P.M. due to lateness of the hour.
At this time a 10 minute recess was called. The meeting resumed at 9:20 P.M.
ITEM VI - VARIANCE FOULEST BY STEVE McEQNALD
Steve McDonald, representative for William McDonald, commented that the request
is for a 36.5 foot front yard variance for 4377 Quincy Street S.E. to construct
a 1500 square foot single family hone. Due to the County taking Tract B of the
parcel there is not sufficient roan to build without a variance.
City Planner Graser commented per memo dated 4 -2-87 regarding the 36.5 foot
front yard variance next to County Road 21. The applicant is eligible for one
building permit for the entire 2.5 acre parcel. The building envelope on the
south side of Quincy Street is too restrictive for a home to be built without
variance. There is sufficient property available north of Quincy to build a
hone.
MINUTES OF THE PRIOR LAKE PLANNING OQMMTSSION APRIL 2, 1987
Residents were opposed to the variance for the following reasons: due to safety
factors along County Road 21, location of the home south of Quincy Street,
obstruction of view, setting a variance precedent, and because the structure
would be out of alignment with other hones along County Road 21.
The Planning Comiissioners felt the application should reflect the entire parcel
not just the land available south of Quincy Street since the entire parcel is
eligible for only one permit. The Commissioners felt that an adequate building
envelope was available on the site north of Quincy Street and therefore, there
is no justification for a variance.
Jack Engberg spoke on behalf of the applicant. He felt the hardship was that
the applicant had invested in the property and can no longer build on the
parcel without variance due to the taking of land by Scott County.
MOTION By ARNOLD TO DENY THE 36.5 FOOT FRONT YARD VARIANCE FOR 4377 QUINCY
STREET S.E. TO CONSTRUCT A SINGLE FAMILY HOME. THERE IS PROPERTY NORTH OF
QUINCY STREET WHERE A HOUSE CAN BE CONSTRUCTED WITHOUT VARIANCE THEREFORE THERE
IS NO HARDSHIP, SEQONDED BY LOFTUS.
Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion
passed unanimously.
At this time a two minute recess was called. The meeting resumed at 10:25 P.M.
*Tine tape of this hearing will be kept on file in the office of the City
Planner.
Chairman Loftus turned the gavel over the Vice Chairman Roseth due to personal
interest in the next item. Mr. Loftus left the meeting.
TPF17 C ^_I — VARIANCE REQUEST BY DANIEL SHmUISST
Daniel Shoquist commented on the variance request.
City Planner Graser commented per memo 4 -2 -87.
Tony Thelen, contractor, commented that the variance was requested so that the
hone can be aligned with existing homes.
Elece Shoguist commented that if they had known the problem before they bought
the lot it could have been worked out.
At this time Vice Chairman Roseth read a letter from Leanne Overbee and entered
it into the record.
The Planning Commissioners felt when the applicant bought the hone from the
developer they should have checked for setbacks, codes, restrictions and
covenants.
MOTION BY MJMDROWSKI TO DENY THE REQUEST FOR A 4 FOOT FRONT YARD VARIANCE FOR LOT
1, BLOCK 1 STORM'S ADDITION. SE(IkIDID BY ARNOLD.
Upon a vote taken, ayes by Arnold, Kedrowski, Roseth, Wells; the motion passed
unanimously.
E
The next order of busineas was consideration of plans and specifications for
Carriage Bill Road and Resolution 87 -34 Approving Plans and Specifications and
Ordering Advertisement For Bids. City Manager Unmacht summarized the issues
pertaining to the Carriage Hill Rood Improvement Project. City Engineer
Anderson vent over the detailed plans with the Council and outlined the work
involved in the project i.e. laying of the bituminous base, sidewalks, concrete
curbing, bike paths and final overlay. Discussion followed.
MOTION MADE BY FITZGERALD, SECONDED By WHITE, TO APPROVE RESCLUTION 87 -34 RS 87 J4
APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMM FOR BIDS. Carriage
Hill Rd.
upon a vote taken, ayes by Andren, Fitzgerald, Larson, Scott, and white, the
motion passed unanimously.
The next order of business was a report on Inguadona Beach right- of-way
acquisition. City Manager Unmacht gave a brief history of events leading up to
the present Inguadona Beach /Pershing Street/Willow Lane project. City Engineer
Anderson then presented an overhead map of the property for which the
right - of-way is being sought. Dwayne Aadland, President of the Inguadona Beach
Association, was present for the discussion, and spoke in favor of a quick
resolution to the right- of-way issues. Appraisal fees for the right- of-way
property were presented. City Engineer Anderson discussed obtaining title to
the property and what it entailed. Discussion followed.
MYFICN MADE By LARSON, SBOONDED By scow, TO APPROVE FROCEmiNG WITH mm INQUADON
ppLpEmy ACQUISITION Win= wdumNG sm HE= OF Dosaw SOBERER AND ALBERT PERCHING
CE FOR PARCEL 1. WILLOW L;
Upon a vote taken, ayes by Andren, Fitzgerald, Larson. Scott, and White, the
motion passed unanimousl
MOTION MADE By LARS(N, SECONDED By WHITE, TO APPROVE TM AM= OF 88,168 FR L-
THE CONTINGENCY nW FOR ACOULSITION OF RIgM_OF_4W PRCFEM FOR ODiS37d=XN PERSHING
OF PERSHING LANE/WIIdLW LANE FRCM THE OODH'MENCCY POND. CONTINCE.'
upon a vote taken# ayes by Andren, Fitzgerald, lareon, Soott, and White, the
motion passed unanimously.
The next order of business was consideration of appeal to Planning Commission
decision on the McDorold property. It was noted for the record that
Councilmember Fitzgerald abstained from participating in discussion and voting
on this issue because of previous interest in the property.
City Planner Graser provided a detailed map of the McDonald property located an
Wagon Bridge Road and puincy Street, and gave a brief synopsis of the issues
Involved. Jack Engberg, Counsel for Mr. McDonald, addressed the Council on
pertinent issues relating to acquisition of property for easement purposes on
Lot B along County Road 21 by Scott County and the City of Prior Lake.
Adjoining property owners have expressed opposition to the granting of a
building permit for safety and health reasons, one being the close proximity of
the proposed dwelling to County Road 21. Discussion followed.
MINUTES OF THE PRIOR LAKE CITY COUNCIL JULY 20, 1987
MUTTON MADE BY LAR.SON, SECONDED BY WHITE, TO DENY A VARINAXE TO THAT PORTION OF MCDONAU
LOT A, SOUTH OF QUINCY Snu= BE DEEMED UNBUIIDABLE DUE TO THE MADBgMTE PROPERT'
BUILDING ENVELOPE.
Upon a vote taken, ayes by Andren, Larson, Scott, and Whiter Fitzgerald
abstained, motion Iarried.
A short recess was called at 8:35 p.m.
The meeting reconvened at 8s45 p.m.
The next order of business was to review request for building permit on Dan
Demos Property. It was noted for the record that Council Doug Larson
would abstain frcan participating in discussions or voting on this issue due to
personal interest. City Planner Graser gave a brief background explanation
regarding the Duoos request for a building permit for Lot 8 and the lakeshore
portion of Lot 9 of Seven Acres subdivision. Mr. Duoos addressed the Council
and presented his plans for remodeling and explained its intended usage and haw
the cabin would be attached to the new addition. Discussion followed.
MOTION MADE BY FITZGERAID, SEOXM BY SCOTT, TO APPROVE MR. DUOOG REQCMT TO 90005
UTILIZE TEE MaHTM CABIN IN Q7PI MMIM WITH THE CONSTROMION OF A NEW BOLE
PROVIDED THAT SUFFICIENT PLANS MID SPECIFICATIONS ARE SUBMITTED TO STAFF WHICH
WILL DEMONSTPATE THAT THE NEW ROME WILL BE ONE HOPE WITH ALL UTILITIES
[n OMVI kwS LOCATED IN ONE HOUSE AND THE ROOF LINE BE INTEGRATED ARQIITECTMMLLY
SO AS TO TO COMIDINE THE TWO BUILDINGS VISUALLY AMID PHYSICALLY AS ONE UNIT.
Upon a vote taken, ayes by Ardren, Fitzgerald, Scott, and Whitei Larson
abstained, motion carried.
Next order of business was changing of Council Meeting date from Monday,
September 7 to Tuesday, September 8 due to the legal holiday an the 7th. City
Manager Unnacht presented the proposal of changing the meeting date from the 7th
to the 8th of September. Discussion followed. Council re directed City
Manager Unmacht to change the date to September 8 a;:d publish a notice to this
effect.
City Manager thmacht then brought up miscellaneous business items as follows:
1) City participation in annual school calendar.
2) Reading of a letter of appreciation to the Police Department.
3) Petitions to reduce the speed limit on County Road 12 and 81.
4) Petition by young citizens for a meeting place.
5) Resignation of Lidy Flom from the EDC.
Assistant City Manager/EOOnomic Development Director SdmKUach reported that
she had received 25 calls from people interested in serving on the Highway 13
Task Force. She also reported several options the City can use when considering
the issuance of Charitable Gambling licenses.
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