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HomeMy WebLinkAbout1989 June Planning Commission Agenda Packets3UNEm REGULAR PLANNING COMMISSION MEETING AGENDA JUNE 1, 1989 7:30 P.M. CALL TO ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING 7:35 P.M. SETBACK VARIANCES DEAN RANDY FLOCK 8:00 P.M. SETBACK VARIANCES CRAIG & DARLENE CRAM * 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 MINUTES MAY 4, 1989 The May 4, 1989, Prior Lake Planning Commission Meeting was called to order at 7:30 P.M. by Chairman Wells. Present were Commissioners Loftus, Roseth, Wells, and Deb Garross, Assistant City Planner. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY LOFTUS, SECOND BY ROSETH, TO APPROVE THE MINUTES AS STATED. Vote taken signified ayes. MOTION CARRIED. ITEM II - DEAN FLOCK - REAR YARD VARIANCE This item cancelled by the applicant. Discussion followed on the definition and clarification on the form used for notification of a public hearingg. Staff was requested to rework notices and the meeting agenda in order to distinguish between hearings and public hearings. Recess called until 8:00 P.M. ITEM III - JOHN BEAR FRONT YARD VARIANCE John Bear, 16770 Anna Trail S.E., stated that he needed a storage shed /garage to store his recreation vehicles and use as a woodworking shop. Deb Garross presented the information on the variance as per memo dated May 4, 1989. The Commissioners discussed the proposal and the conseraus was that hardships were present, in this case, to substantiate granting the variance. There are no alternate locations available on the lot for a shed due to the terrain and limitations imposed by the corner lot setback requirements. In addition, the Commission received no comments from adjacent property owners opposing the variance. MOTION BY ROSETH, SECOND BY LOFTUS, TO APPROVE A 20 FOOT SOUTH FRONT YARD VARIANCE FROM THE HIGHWAY 13 RIGHT -OF -WAY FOR 16770 ANNA TRAIL S.E. - LOT 1, JO -ANNA STEPKA'S HI -VIEW ADDITION. RATIONALE BEING BECAUSE OF THE LOT SIZE, SHAPE CONFIGURATION, WOULD NOT BE AN OPPOSING STRUCTURE, AND WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD. Vote taken signified ayes. MOTION CARRIED. 4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 1 Fax (612) 4474245 PLANNING COMMISSION MEETING MINUTES MAY 4, 1989 PAGE 2 MOTION BY ROSETH, SECOND BY LOFTUS, TO ADJOURN MEETING. Vote taken signified ayes. MOTION CARRIED. Meeting adjourned at 8:15 P.M. *Tape of meeting available at City Hall. Deb Garross Rita M. Scheve Assistant City Planner Recording Secretary "VA11PC" PLANNING REPORT JUNE 1, 1989 REQUEST LAKESHORE AND SIDEYARD SETBACK VARIA!"CES APPLICANT DEAN RANDY FLOCK SITE: LOT 11 AND PART OF 12, GRAINWOOD PARK STAFF ANALYSIS: The Plannn department has received a variance application from Randy Flock. Mr. Flock is requesting a 50 foot lakeshore, 5' north side and 3' south side yard variance in order to construct a single family home as per attached survey. The subject site is located within the plat of Grainwood Park and is one of the few remaining vacant lots on the peninsula. See attached materials for further reference to this application. The subject site is a sixty foot wide parcel which contains approximately 7,980 square feet of lot area. The site is zoned R -1 /S -D and contains several mature trees. The lot is relatively flat with the exception of the east 40 feet which contains a bluff and extremely steep slope area adjacent to the lake of Prior Lake. The applicant wishes to build a single family home with an attached three car garage. In January of 1988, the Planning Commission granted a 50 foot lakeshore variance to Lot 12, Grainwood Park. The rational discussed concerning granting the variance suggested the following: The character of the neighborhood has established residential construction extremely close to the lake; the garage and driveway of the home were designed to allow for back up space and a forward movement onto Grainwood Trail thereby minimizing parking and traffic problems on the street; that much of the older construction on the peninsula is at variance from the 904 and that the new construction would be consistent with existing neighborhood development. RECOMMENDATION: The recommendation from staff is to approve the variances as requested for Lot 11 and part of Lot 12, Grainwood Park. The rational for granting the variance is similar to that used for 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 adjacent Lot 12. The Planning Commission has established a precedent to allow side yard variances for substandard lots. In addition, this variance application is consistent with the variances granted in 1988 for the adjacent lot. Staff is of the opinion that the variances would not be detrimental to the health and welfare of the general public. NOTICE OF HEARING FOR LAKESHORE AND SIDEYARD VARIANCES 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, JUNE 1, 1989 at 7:35 P.M. PURPOSE OF HEARING To consider a variance application for Randy Flock. SUBJECT SITE LOCATION 4257 Grainwood Circle Lot 11 and part of Lot 12, Grainwood Park REQUESTED ACTION The applicant wishes to construct a single family home as per attached survey. The applicant requests the Planning Commission to consider granting a 50 lakeshore, 5 north side and 3' south side yard variance in order that the home can be built as proposed. 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 (MAY 27, 1939) 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 PIDI CCTTy OF PRIOR LAKE APPLICATION FOR VARIANCE Applicant: DEAN RANDY FOLK Hone Address: #10 6501 f FTrMFTF:n MN: 5547 Wprk Property Owner: J. M py 1_nr.MM0 Home Type of Ownership: Fee x Contract Consultant /Contractor: Phone: R66 -n528 Phone• 456 -9999 Phone: eat -aa56 Phone: Rai - Ql( ;e Agreement_ - -_ Existing Use Present Zoning: F - Of Property: 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? Yes _1L No What was requested: When: Disposition: Describe the type of improvements proposed: M MISSION REDUIEEM : Q , v (A)Completed application form. (B)Filing fee (C)Certified from abstract fine, names I and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (D)Canplete legal description s 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' shooing: The site development plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY COMPLETE APPLICATIONS SHALL BE REVIMED BY THE PLANNING COMMISSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 7.6 of the Prior o Ordinance which specifies requirements for variance procedures. I agree rmat and follow the procedures as outlined in the Ordinance. - /lAL OS.LS .8`{ Sutmitted this 15 day of MAY 1 9 8 D X, (`•'^ Fee Own s Signature - ` THIS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRECTOR pLANNIW CDMMSION _ APPROVED _ DENIED DATE OF HEARING CITY COUNCIL APPEAL _ APPROVED _ DENIED DATE OF HEARING CONDITIONS: Signature of the Planning Director Date VARIANCE APPLICATION LEGAL DESCRIPTION: Lot 11, Grainwood Park, Scott County, Minnesota and that part of Lot 12 of said plat lying southerly of the following described line: Beginning at the southwest corner of said Lot 12; thence on an assumed bearing of North 54 degrees 02 minutes 18 seconds East a distance of 22.92 feet; thence North 79 degrees 54 minutes 36 seconds East to the east line of said Lot 12 and there terminating. For the purpose of this description the west line of said Lot 12 was assumed to have a bearing of North 12 degrees 35 minutes 24 seconds west and all others are relative thereto. REQUESTED VARIINCE: 1. To deviate from the current 75 foot setback from the 904 mark nearest the lakeshore line. Variance requested would reduce setback to 25 feet from 904 mark. 2. To deviate from the current 10 foot setback from the side property line. Variance requested would reduce setback to 5 feet from side property line. REASONS FOR VARIANCE: 1. The location of Lot 11 being in the corner section of Grainwood Circle restricts the ability to have any parking on the street. Thus it becomes necessary to increase the size of the driveway in order to facilitate additional parking over that contained in the proposed three car garage. As depicted in the area map subtantial additional parking may be obtained by the proposed layout. This should reduce any need for guests to park vehicles on the street. 2.As depicted in the scaled preliminary sketch the three car garage and supporting driveway will allow the owner to manuever his vehicle so that he can drive onto Grainwood Circle in a forward motion, reducing any in herent hazard caused by backing onto the street. 3.A 25 foot lakeside setback variance was granted to the owners of Lot 12 last year indicating that this type of variance has been acceptable to the Planning commission and City council. 4.The size of Lot 11 and surrounding lots generally does not allow for the construction of larger homes unless variances are granted. I I 1 I I 1 Lot 11. O011140100 .MN. Stott Canty. NlMttot. and Nut Mat Of sort li. of ng/d plot lying wutMrly of tM fo11or1n9 mcriM, ling, deginnilp at lba mathwet mmar of Said last 121 Mange ng R, aamm, Wart" or North S4 dgmo. 02 ".to. U m.l. cast • dlatonta of 21.91 toots thence North 79 Anmea $4 ei.uaa M mood,, mt to the ...t It.. of Old hot 12, and then toraingtiag. For the purpom di this, do.prlptlon the at I'm of sold I,, U w maua.d to Mw • Mari" pf North 12 dogma. SS alias 24 ngoaed. Pea and all o%Mrs am mlatlre maraca. him ahori.g the location of the 904 el.mtt. At located t L. 11HA day of IYy, 19112. subject to madwy saamanto Y antaie.d maroon. AP'LICAMT Randy Flock SITE: Lot f1 and pars of Lot 42, Oratmtod Fork 11EauE5T 50' Lakeshore, 3' atuth old..nt 5' martin old. yard rorbncca. vmm I PANSy w or AM MN t ` —� apwv4M AM a dad M 1 w 04- 7F IN FEET 046 "go N moss d of mldtr dR IdNS M 744 R o M 04-046 Nw1 RN.Yaad11 dRIM. �I�Id. r VARIANCE SURVEY PREPARED FOR: !/0112' RANDY FLOCK valle y EngUMHng Co. &w . IOSI OTA HEIGHTS. mm RO SUITE S 512 o FRANRLN /RAIL OFFICE MEND CE DSNpJMIMryRy OT4 XEITS, MIS12 PRIOR LAKE. MNNESo?A 53772 TELEPXONE ( 417.257'0 441.7241 � / 1 / � I i I 1 , 1 I l I 1 � 1 1 I 1 C"g . I 1 1 : HQ115� _J wa'ud I 1 � • YA W t r DEPARTMENT f�l 2I�STATE OF OF NATURAL METRO REGION WATERS - 1200 PRONENO. P96 -7523 May 30, 1989 Ms. Deb Garross City of Prior Lake 4629 Dakota St. SE Prior Lake, MN 55372 9 RE: FLOCK VARIANCE, LOT 11 GRAINWOOD; CRAM VARIANCE Dear Ms. Garross: Please accept the following comments for the record at any public hearings regarding the above - referenced variance requests. Flock Variance - Lot 11, Grainwood Park This lot is very small, only about 7500 square feet in size. It would appear, therefore, that some variance in needed in order to develop this property. However, I question whether the proposed variance gives adequate consideration to the limitations imposed by this lot. For example, the house and garage proposed will result in approximately 2150 square feet of structure, which is over 282 of the lot. With the addition of the necessary driveway and proposed turnaround area it is likely the total impervious area on this lot will exceed 502. In addition, I would classify three of the four reasons given you by the applicant as being irrelevant to the proposal. Only the lot size justifies a variance. Under the City's ordinance, a variance is given when a hardship is shown. A hardship is not created just because there is a curve in the adjacent street which restricts on- street parking. Similarly, the act of backing out onto a residential street (which I know from personal experience is not heavily travelled) can hardly be construed as a hardship. Finally, the application makes reference to the granting of a variance on the adjacent Lot 12. This should not be construed as establishing any sort of precedent. Each application must be judged on its own merits. AN EQUAL OPPORTUNITY EMPLOYER RESOURCES \/ WARNER ROAD, ST. PAUL, MN 55106 FILE NO. Ms. Deb Garross Page Two In any variance request it must be determined what action will alleviate the hardship and allow a reasonable use of the property. My opinion of this proposal is that the variance requested is above and beyond what is needed to alleviate the hardship. I would suggest the proposed turnaround be eliminated. Moreover, a "straight -in" approach to the garage could be used, and therefore, the entire structure can be moved closer to Grainwood Circle. I recommend the structure be moved to the required setback of 25 -feet from the street, thereby increasing the distance between the home and the lake. Cram Variance Under the terms of the City's ordinance, a deck may be constructed without a variance provided it does not exceed 152 of the setback. In this case, the proposed deck is 12 -feet wide and 152 of the setback is 11.25 -feet. Since I can hardly make a case for such a small amount, I won't even try. Please read the attached into the record at the next Planning Commission and City Council meetings. As always, if you or any of the parties concerned have any questions, please call me. Sincerely 1 � Mike Hue let Area Hydrologist Enclosure MM251:kap NOTICE OF HEARING FOR LAKESHORE AND SIDE YARD VARIANCE You are hereby notified that a hearing will be held by the Planning Commission in the Prior Lake Council Chambers at 4629 Dakota Street S.E. on: THURSDAY, JUNE 1, 1989 at 8:00 P.M. PURPOSE OF HEARING To consider a lakeshore and two side yard variances for Craig and Darlene Cram. SUBJECT SITE LOCATION Lot 25 6 part of Lot 24, Northwood. REQUESTED ACTION The applicant wishes to build a single family home on Lot 25 and part of Lot 24 and has requested a 12 foot lakeshore and a 5 foot north side and a 5 foot south side variance. The required setbacks are 75 feet from the 904 contour of the lake and 10 feet from each side yard. 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) MAY 25, 1989 4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 VARIANCE - CRAIG CRAM JUNE 1, 1989 SUBJECT: To consider three variances: a 12' lakeshore variance, a 5' north side and a 5' south side variance for lot 25 and part of lot 24 Northwood. The subject sate is owned by Barton Lund. STAFF ANALYSIS• The subject site is zoned R -1 /S -D with required setbacks of 75' lakeshore, 25' rear yard, and 10' for each side yard. Most of the homes in the area are year round single family homes. The subject site is a very narrow lakeshore lot measuring 26.1 feet at the cul -de -sac and 91.33 feet at the lake. The lot square footage is approximately 13,800 square feet. The specific proposal is for a single family home to be built on lot 25 and part of lot 24. Due to the narrowness of the lot the placement of the home has many building constraints. Other homes in the area have been granted similar variances as the ones requested. The adjacent home on lot 23 is located 50' from the 904 contour line, the other adjacent home on lot 27 is 83 feet away from the 904 contour line. Therefore, the applicants home would average the adjacent homes and would not harm sicjhtlines in the area. The five foot side yard variances are in line with past variance requests for the neighborhood and it is staffs opinion that the 5' side yard variances would not be out of character for this neighborhood. STAFF RECOMMENDATION Approve the variance as requested since the request is compatible with respect to the composistion of the neighborhood. Also it would not be detrimental to the general health and welfare of the community. 4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 LANE 5 -29 -89 SUBJECT: Statement regarding requested variance After receiving a formal variance request, we evaluated this action and have decided that we are not in agreement with this proposal. In justifying this decision the following concerns are forwarded: 1. We do not want any part of our property damaged or altered in any way from the proposed residence or any equipment needed to build this structure. 2. We do not know why the proposed residence can not be constructed with the garage in front of the home, thus increasing the footage between the homes surrounding it. 3. Due to the size of our lot, we do not want construction related tresspasses on any part of our lake frontage. We do not want any of our trees to be damaged by equipment. 4. From a common courtesy standpoint, we were never notified of this variance request prior to the formal letter received in the mail on 5- 26 -89. In addition, the lot was put up for sale and sold while we were on vacation. We understand that the property owner has all rights to his /her land. We also want to make very clear that our land is highly valued and we will not, in any way, allow it to be altered or damaged. Scott E. Wheeler th K. Wheele REGULAR PLANNING COMMISSION MEETING AGENDA JUNE 15, 1989 7:30 P.M. CALL TO ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING * 7:35 P.M. PUBLIC HEARING- ZONING ORDINANCE AMENDMENTS 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 MINUTES JUNE 1, 1989 The June 1, 1989, Prior Lake Planning Commission Meeting was called to order at 7:30 P.M. by Chairman Wells. Present were Loftus, Roseth, Wells, Kedrowski, Horst Graser, Director of Planning, Deb Garross, Assistant City Planner, and Gary Schmitz, City Planning Intern. Commissioner Arnold arrived at 7:34 P.M. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING Commissioner Loftus questioned whether the word OPPOSING used in the motion to grant the variance for John Bear, should be changed to IMPOSING. (Upon review of the taped proceedings by the recording secretary, the word used in the motion was OPPOSING). MOTION BY ROSETH, SECOND BY LOFTUS, TO ACCEPT MINUTES. Vote taken signified axes by Loftus, Roseth, Wells and Arnold. Commissioner Kedrowski abstained from voting as he was not present at May 4, 1989 Planning Commission Meeting. Deb Garross read a letter from Mike Mueller stating that he will be leaving his position as D.N.R. Hydrologist for Scott County, to take a position with Cambridge and wished to commend the Planning Commission on their efforts and dedication to the planning and growth of Prior Lake. Commissioner Roseth commented that an invitation should be issued to Mr. Mueller's replacement to meet the Planning Commissioners. ITEM II - DEAN RANDY FLOCK VARIANCE Dean Randy Flock, #1015, 6501 Woodlake Drive, Richland, MN, stated that he is requesting a 50' lakeshore, 5' north side and 3' south side yard variance to build a single family home on Lot 11 and part of 12, Grainwood Park. Deb Garross presented information on the variance as per memo of June 1. 1989. Telephone call from Harold Dellwo, 4287 Grainwood Circle, stated that he had no objections to the variance as requested. Letter from Mike Mueller stated that the Lakeshore variances should be reduced as much as possible. Letter dated May 31, 1989, from Paul Breckner of 4267 Grainwood Circle, objected to the 5 foot north sidexard variance next to his property. Sue Breckner stated her position the same as her husband's. Ilene Larson, 4253 Grainwood Circle, was aprehensive about the the possibilty of granting a 7 foot south side variance close to her lot but after discussion was in agreement with the variance of 5 feet. 4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 PLANNING COMMISSION MEETING MINUTES JUNE 1, 1989 PAGE 2 Comments from the Commissioners concerned the design of the proposed home and future possibility of splitting the Larson property. MOTION BY KEDROWSKI, SECOND BY ROSETH, TO APPROVE A 3 FOOT NORTH SIDE YARD VARIANCE, 5 FOOT SOUTH SIDE YARD VARIANCE, 50 FOOT LAKE SHORE VARIANCE, 17$ COVERAGE RATIO VARIANCE FOR LOT 11 AND PART OF LOT 12 GRAINWOOD PARK. JUSTIFICATION WOULD BE THE HARDSHIP CREATED BY THE SUBSTANDARD SIZE OF THE LOT. Commissioner Loftus suggested a friendly amendment to the motion stating that it should be noted that there is a precedent in the Grainwood area to allow structures on substandard lots. Amendment accepted by Commissioner Kedrowski. Commissioner wells pointed out as the applicant had agreed to the change in the variances, the application could be amended. Vote taken signified ayes. MOTION CARRIED. ITEM II - CRAIG AND DARLENE CRAM - VARIANCE Craig Cram, wishes to build a single family home on Lot 25 and part of Lot 24, Northwood. Because of the lot size and shape the request is for a 12 foot >akeshore, 5 foot north side and 5 foot south side variance. Gary Schmitz presented information as per memo dated June 1, 1989. Scott and Judy Wheeler, 3222 Butternut Circle, oppose the southwest side yard variances. They felt the house should be redesigned. Mr. Wheeler passed out a statement to the Commissioners stating their objections. Comments from the Commissioners concerned the number of trees to be removed and that the design of the garage should be downsized. After considerable discussion a recess was called at 9:00 p.m. The meeting was reconvened at 9:20 p.m. Commissioner Wells outlined two options available to the applicant. 1. The Commission will act on the application as presented. 2. Work out a compromise to amend variances. A compromise was reached by the parties involved to amend the variances requested. PLANNING COMMISSION MEETING MINUTES JUNE 1, 1989 PAGE 3 MOTION BY KEDROWSKI, SECOND BY ARNOLD, TO GRANT A 12 FOOT LAKESHORE VARIANCE, 5 FOOT NORTH SIDE VARIANCE, 3 FOOT SOUTH SID "EYARD VARIANCE. JUSTIFICATION FOR IT BEING THE CHARACTER OF THE NEIGHBORHOOD; THAT THE REQUEST WAS IN LINE WITH VARIANCES THAT HAVE BEEN GRANTED IN THE PAST AND HARDSHIP IS PRESENT DUE TO THE PIE SHAPE OF THE LOT. The applicant and the Wheelers agreed to the amendment. Vote taken signified ayes. MOTION CARRIED. MOTION BY ROSETH, SECOND ARNOLD, TO ADJOURN MEETING. Vote taken signified ayes. MOTION CARRIED. Meeting adjourned at 9:50 p.m. *Tapes of meeting available at City Hall. Deb Garross Rita M. Schewe Assistant City Planner Recording Secretary MEMO DATE: June 15, 1989 TO: Members of the Planning Commission FROM: Staff RE: Proposed Zoning Ordinance Amendments The Prior Lake City Council held a retreat in April of 1988 at which discussion was held concerning revisions to the Zoning Ordinance. Staff was given conceptual approval to proceed and to schedule public hearings to discuss several zoning amendments. On June 15, 1989, a Public Hearing will be held in order to consider the following amendments: Accessory structures, public parking lots, daycare facilities, and conservation and agricultural zoning districts. The purpose of this memo is to provide a brief summary of the proposed zoning ordinance amendments. See attachments for reference. ACCESSORY STRUCTURES The first amendment concerns accessory structures. On many occasions, staff has had to use judgment in order to On setback and size requirements for accessory structures. When questions arose, staff turned to the Universal Building Code for reference. The existing Zoning Ordinance contains little information or guidance concerning definitions of and requirements for accessory structures. In order to address this issue, staff has drafted a complete list of definitions and setback requirements for common types of structures. See Attachments 1 and 2 for reference. Several sections of the Zoning Ordinance will need to be amended to incorporate the new definitions and requirements. A complete list of proposed amendments are outlined below. Existing language is provided for your reference. Proposed language is capitalized and underscored. Section 8.1 (Genera De 1n1 ions) Section 8.1 is the definition section of the zoning ordinance. The proposed ordinance amendment will add the new accessory structure definitions to the existing list. Attachment 1 outlines the proposed definitions. 4629 Dakota St. S.E., Prior Lake Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 Section 4.2 (Lot and Yar Requirements) Section 4.2 includes a table of the existing setbacks and minimum lot size requirements for the various zoning districts. The proposal is to add the information found in Attachment 2, as section 4.2B of the Zoning Ordinance. The attachment outlines setback requirements for all of the proposed accessory structures. Section 4.1B (Accessory Structures -Lot ana Yard Requirements) Existing Language: All structures, whether attached to the principal structure or not, and whether open or enclosed including porches, carports, balconies, cantilevers and chimneys or platforms above normal grade level, shall not project into any minimum front, side, or rear yard setbacks. Provided however, accessory structures for all residential districts shall be permitted within ten (10) feet from the rear setback line. Proposed Language: The existing ordinance allows all accessory structures within residential districts to be within ten (10) feet of the rear lot line. The proposed amendment will prescribe setback requirements for all structures. In addition, the maximum size of accessory structures will be raised from eight hundred (800) square feet to eight hundred thirty two (832) square feet. The proposed size increase is to provide the opportunity for three (3) car garages to be built as accessory structures. Section 6.2A3 (General Regulations -Max mum s ze of Accessory Structure) Existing Language: In R -1 residential areas accessory structures shall not exceed the coverage ratio of the principal structure or eight hundred (800) square feet, whichever is less. Proposed Change: Delete this paragraph and add it to Section 4.1B. The purpose of the change is to incorporate all accessory structure regulations into one section of the Ordinance for ease of understanding and administration. VARIANCES Section 9.3E3 (Shoreland Distric -Dec Variance Exceptions) Existing Language: Within the shoreland district, decks may be constructed without variance provided that: a. It does not have walls or a roof. b. It does not exceed the existing structural setback requirement by more than 15% (i.e. thirty (30) foot maximum for two hundred (200) foot setback requirement). C. There is an evaluation of the property showing there is not some other reasonable location for a deck that would comply with the setback requirement. Proposed Change: When the Shoreland Management Ordinance was passed, Section 9.3E3 was a component of the DNR draft ordinance. The City of Prior Lake has never allowed the variance standards outlined in this section. All structures which do not meet setback standards are required to follow the variance process. To eliminate possible confusion concerning this section, staff proposes to delete Section 9.3E3 from the Shoreland Management Regulations outlined in Chapter 9 of the Zoning Ordinance. Storage Shed Policy Statement Attachment 3 is a policy statement which was drafted by the City Council in 1979 to regulate storage sheds on lakeshore lots. Staff requests that the policy statement be rescinded due to the incorporation of accessory use setback requirements outlined earlier in this memo. Storage sheds will have to meet the new setback requirements outlined in Section 4.2B. Section 7.61A (Variance Requ rements) Existirl Language: The names and addresses of all property owners within one hundred (100) feet shall be provided so that the zoning officer may provide notification of the variance request. Proposed Language: The names and addresses of all property owners within one hundred (100) feet shall be provided FROM A CERTIFIED ABSTRACT COMPANY so that the zoning o — FT cer may provide notification of the variance request. The existing ordinance requires names and addresses of all property owners within one hundred (100) feet for a variance application. The proposed amendment sets forth a requirement in ordinance form, which has been a staff policy requirement for years. The City is required by statute, to notify the public for certain types of hearings and permit applications. It is the opinion of staff that requiring a notification listing from a certified abstract company is the best method to insure affected property owners are notified of actions which may impact their property. CONDITIONAL USE Section 7.5A (Conditional Uses) Existing Language: A. Application: Applications for conditional uses will be filed with the zoning officer and shall be accompanied by: 1. An application fee in an amount equal to that set by the City Council. Fifteen (15) copies of a site plan and supporting data which shows the site size and location; use of adjacent land; the proposed size, bulk, use and location of buildings; the location and proposed junction of yards, open space, parking area, driveways, storage areas and accessory structures; the location of all utilities and timing of proposed construction as the zoning officer may require. The zoning officer at his discretion may require a topographic map to the site and reduced copies of all materials suitable for mailing. Proposed Language: By State Statute the applicant, when applying for a conditional use permit, is required to provide the names and addresses of all property owners within three hundred fifty (350) feet. Staff proposes to make the notification requirements for a conditional use permit the same as required for the subdivision of property. DAY CARE CENTERS Section 3.2 (Daycare Centers for Less a Twelve (12) Children) Existing Language: Daycare Centers are permitted uses in B -1 and B -3 zoning districts and are conditional uses in R -1, R -2, R -3, and R -4 zoning districts. Proposed Change: The ordinance amendment would change daycare facilities for less than twelve (12) children from a conditional use to a permitted use in the R -1 zoning district. Minnesota State Statute 462.357 Subdivision 7, requires daycare facilities for less than we ve (12) children to be a permitted use in the R -1 zoning district. See Attachment 4 for reference to the statute. PARKING LOTS Section 4.2 (Public Pa' rr3nq Lot) Existing Language: Parking lots as a primary use are permitted uses in B -2, B -3, and I -2 zoning districts. Proposed Change: The Ordinance Amendment would allow public parking lots as a conditional use in R -1, R -2, R -3, and R -4 zoning districts. The proposed ordinance amendment would give the City a greater freedom of choice for possible public parking lots for public accesses, public buildings, etc. The conditional use would allow the Planning Commission and City Council to study the proposal in detail before making any decision on a parking lot in a residential area. RURAL SERVICE AREA LOT SIZE Section 4.2 (A -1 Agricu'lfuraTDistrict) Existing Language: The minimum lot requirements for residential areas are one (1) acre in area and one hundred fifty (150) feet in width. Proposed Change: The Ordinance Amendment will requirement from one (1) acre to in area. The minimum width of the density of four (4) dwelling remain the same. change the minimum lot size two and one half (2 1/2) acres one hundred fifty (150) feet and units per forty (40) acres will The reason for the proposed change in minimum lot area from one (1) acre to two and one half (2 1/2) acres is that two and one half (2 1/2) acres leaves room for alternate septic system locations. The one acre site is very restrictive in terms of allowing possible locations for septic systems. The Building Official suggests that the minimum size be changed to two and one half acres to provide more opportunity for system locations and to allow an alternate location in the event the original septic system should fail. Section 4.2 (C -1 Conservation District) Existing Language: The minimum lot requirements are ten (10) acres in area and three hundred thirty (330) feet in width. The yard setbacks are fifty (50) feet front, thirty (30) feet rear, and twenty (20) feet side. Proposed Change: The proposed amendment would change the minimum lot size requirement from ten (10) to two and one half (2 1/2) acres in area, and one hundred fifty (150) feet in width. The yard setbacks and the density of four (4) dwellings per forty (40) acres will remain the same. Staff has proposed to reduce the minimum lot size requirement in the C -1 District from ten to two and one half acres. The C -1 District and A -1 Districts are virtually identical in terms of the uses which are permitted and conditional. In addition, Prior Lake controls rural area development by enforcing a maximum density requirement of 4 dwelling units per quarter quarter section. In other words, regardless of the zone, only 4 units will be allowed in any 40 acre tract for all land located outside of the urban service area. Staff has proposed that the lot size in the A -1 and C -1 Districts be two and one half acres. Staff anticipates concern over the reduction of lot size in the C -1 zone because of the misconception that the zoning designation, in and of itself, protects the natural features. The zoning district boundary does not protect natural features. Rather, the district boundary and classification distinguish an area on the map where certain prescribed land uses are permitted and conditional. The protection of natural features is not achieved through yard requirements or lot sizes but is controlled by the Subdivision Ordinance, Comprehensive Plan, Storm Water Management Plan and Zoning Ordinance. Protection of natural features lie in the policies and guidelines established by the City Council, not in the zoning designation outlined on the Zoning Map. Both the A -1 and C -1 Districts are considered to be holding zones whereby building density is restricted until utilities are introduced and the land can be divided. Land is evaluated at the time of subdivision. The subdivision process identifies land features and natural elements which are to be protected. It is the opinion of staff that because the C -1 and A -1 Districts contain virtually the same permitted and conditional uses; because both districts are holding zones and development is restricted by the 4 per 40 density requirement, that the lot sizes in each district should be the same. STAFF RECOMMENDATION The recommendations from Staff is to approve the amendments as proposed and forward a positive recommendation to the City Council. ARBOR - Lattice work covered with cliabling shrubs or vines. BADMW - A flat, roofless area that projects from the wall of a building and is enclosed by a parapet or railing. BREEZEWAY - A roofed open passage connecting two buildings or halves of a building. ➢EPIC - A flat, floored, roofless area adjoining a house. MWOM GARAGE - A roofed, floored structure detached from a house with the principal use being the storage of motorized vehicles. FREE - STANDING MM - A flat, floored, roofless area not ajoining a house that is 18 inches above natural grade at any location. GAZEBO - A detached, free standing porch or screen house. LANDING - A flat arm, attached to a stairway system where the width and length shall not exceed 1 1/2 time the width of the stairway. PATIO - A courtyard open to the sky - adjoining a house at natural grade. PATIO OOVER - One -story roofed structure open on one or more sides adjoining a house. Patio covers shall be used for recreational, outdoor living purposes and not as carports, garages, storage roans or habitable rooms. PLATFORM - A flat, floored, roofless area detached from a house, constructed with the finished floor elevation within 18 inches of natural grade in all locations. PLATFORM OOVER - A flat, floored, one -story roofed structure open on one or more sides, detached from a house. FORM - A roofed, unheated area adjoining a house. STORAGE SHED - A roofed, detached structure, used soley for the storage of household goods. TRELLIS - Same as arbor except does not include vines. 1 4 RES jp ^ 6 AQC "RY U$E SE UCK REQDIREPOM * Lakeshore setbacks shall be measured from' ordinary high water mark of a classified lake or stream. Front Side Rear General Recreational. Natural Dev. Dev. Env. sewer sewer /no sewer sewer /no sewer Balcony 25 10 25 75 75 125 125 200 Breezeway 25 10 25 75 75 125 125 200 D 25 10 25 75 75 125 125 200 Detached Garage 25 10 10 75 75 125 125 200 Freestanding Deck 25 10 10 75 75 125 125 200 Gazebo 25 10 10 75 75 125 125 200 Patio Cover 25 10 25 75 75 125 125 200 Platform 25 10 10 10 10 10 10 10 Platform Cover 25 10 10 75 75 125 125 200 Porch 25 10 25 75 75 125 125 200 Storage shed 25 10 10 75 75 125 125 200 * No items as listed in the above definitions can be constructed within any public easement without prior approval from the City of Prior Lake Engineering Department. ATTACHMENT 3 C. CITY OF PRIOR LAKE Policy Statement on Storage Sheds on Lake Lots The City Council hereby recognizes that lake uses often necessitate additional storage space for life Jackets, motors, skis, etc., and that Lakeshore residents generally have less buildable area because of the 75 foot setback requirement from the 904 elevation. Therefore, the Planning Director is hereby authorized to Issue a conditional use Permit for the erection of storage sheds if the following conditions are met: I) the structure shall not exceed 100 square feet. 2) site lines on abutting properties shall be considered. 3) the structure shall be located in a hillside, if feasible. 4) the highest point of the structure shall not exceed 10 feet 5) the minimum elevation of the structure shall be 901.5. 6) all other setbacks shall be met. 7) the structure shall not have sanitary sewer F acilities within It. 8) the structure shall not be used for any Ii - 9 or recreational purposes. 9) the materials used in the structure shall -,. consistent with the applicants home and surrounding residences. 10) a letter from abutting property owners acknowledging the request shall be submitted with the request, If practical. The approval of a request shall be as a conditional use permit, and shall be reviewed from time to time. If at any time the structure does not remain in good repair, It can be ordered to be removed or brought Into conformance. Thy application shall include a detailed description of the proposed structure, and the placement of it on the lot. The fee for such appli- cation will be established from time to time by the City Council. If in the opinion of the Planning Director the application does not meet the intent of this policy statement, it shall be declined, at which time the applicant can apply through the formal conditional use permit process to the Planning Commission. June 27, 1979 (612) 447 -4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA $5372 35 — �HOOS4 .i -)A alrrP R ING. E NC Subd. 6a. It is the policy of this state that handicapped persons and childn should not be excluded by municipal zoning ordinances or other land use regulatia from the benefits of normal residential surroundings. For purposes of subdivisions l through 9, "person" has the meaning given in section 245A.02, subdivision 11. Subd. 7. Pg W#W Weak hmdly ass. A state basted residential facility saro s ix or fewer persons or a liesneed day an facility gamnig 12 or fewer persons Shand considered a permitted single family residential use of property for the purposes l 011105- Subd. 8. Permitted multifamily use. Unless otherwise provided in any ton municipal or county zoning regulation as authorized by this subdivision, a sus licensed residential facility serving from 7 through 16 persons or a licensed day an facility serving from 13 through 16 persons shall be considered a permitted multifsmo residential use of property for purposes of zoning. A township, municipal or counq zoning authority may require a conditional use or special use permit in order to assure proper maintenance and operation of a facility, provided that no conditions shall h imposed on the facility which arc more restrictive than those imposed on elk conditional uses or special uses of residential property in the same zones, unless us additional conditions are necessary to protect the health and safety of the residents the residential facility. Nothing herein shall be construed to exclude or prohile residential or day care facilities from single family zones if otherwise permitted by local zoning regulation. History: 1965 c 670 s 7; 1969 c 139 s 1; 1973 c 113 art S s 7; 1973 c 379 s 4; 1971 c 539 s l; 1973 c 559 s 1,1; 1975 c 60 s 1; 1978 c 786 s 11,11; Ex1979 c 1 s 41,43; 1911 c 356 s 148; 1981 c 490 s 1; 1981 c 5071 1984 c 617 s 6.8; 1985 c 61 s 3; 1985 c 191 t 13; 1986 c III; 1987 c 333 s 11 462.358 PROCEDURE FOR PAN EFFECTUATION; SUBDIVISION REGULAe TIONS. Subdivision 1. [Repealed, 1980 c 566 a 351 Subd. la. Authority. To protect and promote the public health, safety, ant general welfare, to provide for the orderly, economic, and safe development of WA to preserve agricultural lands, to promote the availability of housing affordable is persons and families of all income levels, and to facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds, and other public services and facilities, a municipality may by ordinance adopt subdivuia regulations establishing standards, requirements, and procedures for the review sk approval or disapproval of subdivisions. The regulations may contain varied pro* sions respecting, and be made applicable only to, certain classes or kinds of subdi * sions. The regulations shall be uniform for each class or kind of subdivision. A municipality may by resolution extend the application of its subdivision regulation to unincorporated territory located within two miles of its limits in any direction be not in a town which has adopted subdivision regulations; provided that where twos more noncontiguous municipalities have boundaries less than four miles apart, end is authorized to control the subdivision of land equal distance from its boundaea within this area. Subd. 2. [Repealed, 1980 c 566 a 35] Subd. 2s. Terms of regulations. The standards and requirements in the mpb- lions may address without limitation: the size, location, grading, and improvement of lots, structures, public areas, streets, roads, trails, walkways, curbs and gutters, wars supply, storm drainage, lighting, sewers, electricity, gas, and other utilities; the planning and design of sites; access to solar energy; and the protection and conservation offload plains, shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic features. The regulations shall require that subdivisions be consistent with the municipality's official map if one exists and its zoning ordinance, and may require consistency with other official controls and the comprehensive plan. The regulation NOTICE OF PUBLIC HEARING To Consider Zoning Ordinance Amendments Notice is hereby given that the Planning Commission will conduct a Public Hearing on Thursday, June 15, 1989, at 7:35 p.m., in the Prior Lake City Council Chambers at 4629 Dakota St. S.E. The purpose of the Public Hearing is to consider several Zoning Ordinance Amendments. The amendments will cover a variety of different issues which include; accessory structures, public parking lots, daycare facilities, conservation and agricultural zoning districts. A complete list of the proposed changes are listed below. PROPOSED ZONING ORDINANCE AMENDMENTS Section 3.2 (Public Parking Lots) Proposed Language: Add public lots ae a conditional use in R -1, R -2, R -3, and R -4 zoning districts. Section 3.2 (Day Care Centers for less than 12 Children) Proposed Language: The amendment would change day care facilities for less than 12 children from a conditional use to a permitted use in the R -1 zoning district as required by Minnesota State Statute #MS 462.357 Sub.7. Section 4.1B Existing Language: All structures, whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies, cantilevers, chimneys or platforms above normal grade level, shall not project into any minimum front, side, or rear yard setbacks. Provided however, accessory structures for all residential districts shall be permitted within ten (10) feet from the rear setback line. Proposed Language: 1. All structures and improvements not covered in section 4.28, whether attached to the principal structure or not, and whether open or enclosed, :hall not project into any minimum front, side or rear yard setbacks required for that zoning district. 2. In residential areas detached garages and storage sheds shall not exceed the coverage ratio of the principal structure or eight hundred and thirty two (832) square feet, whichever is less. Section 4.2 Proposed Language: A complete list of accessory structure setbacks will be added to the original setback list. 4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 Section 4.2 (C -1 Conservation District) Existing Language: The minimum lot requirements for residential areas is over ten (10) acres in area and three hundred thirty (330) feet in width. Proposed Language: The amendment would change the minimum lot size requirement for residential purposes to two and one half (2 1/2) acres in area and one hundred fifty (150) feet in width. The density of four Section 4.2 (A -1 Agricultural District) Existing Language: The minimum lot requirements for residential uses is one (1) acre and one hundred fifty (150) in width. Proposed Language: The amendment will raise the minimum lot area for residential uses to two and one half (2 1/2) acres and the minimum width of one hundred fifty (150) feet. The density of four (4) dwellings Section 6.2A3 Existing Language: In R -1 residential areas accessory structures shall not exceed the coverage ratio of the principal structure of eight hundred (800) square feet whichever is less. Proposed Language: Delete and add to zoning ordinance 4.18. The maximum size will be raised to eight hundred thirty two (832) square feet to allow for a three (3) car garage. Section 7.5A and 7.6A1 Proposed Language: The amendments will make an applicant applying for a variance or conditional use permit to use a certified abstract company to compile a list of the property owners around the permit area. Section 8.1 Proposed Language: Section 8.1 is a list of general definitions used throughout the zoning ordinances. Fifteen (15) definitions concerning accessory structures will be added to this list. Section 9.3E3 ( Shoreland District - Decks) Proposed Language: This section will be deleted because accessory structure setbacks in the shoreland district will be covered by the new Ordinance Amendment 4.2B. If you desire to be heard in reference to these matters, you should attend this Public Hearing. Oral and written comments will be considered by the Planning Commission. Gary Schmitz Planning Intern To be published in the Prior Lake American, June 5 and 12, 1989.