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HomeMy WebLinkAbout1989 September Planning Commission Agenda Packetsnae REGULAR PLANNING COMMISSION MEETING AGFNII9 SEPTEMBER 7, 1989 7:30 P.M. CALL TO ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING 7:35 P.M. HEARING SIDE YARD VARIANCE RANDALL RIES 8:00 P.M. tEAR1NG SIDE YARD VARIANCE PATRICIA NORLIN 8:15 P.M. HEARING SIDE YARD VARIANCE B13MCE PETERSON 8:30 P.M. DARING FRC1T YARD VARIANCE WADE ALLISON 8:45 P.M. HEAR= HOME OCCUPATION GUY SELINSL(E 9:15 P.M. DISCUSSION RETREAT TOPICS STAFF 9:30 P.M. DISCUSSION BY -IM (CONTINUED) 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 AUGUST 17, 1989 The August 17, 1989, Prior Lake Planning Commission was called to order by Vice - Chairperson Arnold at 7:35 P.M. Present were Commissioners Loftus, Arnold, Wells, Roseth, Director of Planning Horst Graser, and Assistant City Planner Deb Garross. ITEM I - REVIEW MINUTES OF THE PREVIOUS MEETING Commissioner Wells commented that the wording in paragraph three of ITEM III should be amended to read " and water problem would be solved ". MOTION BY ROSETH, SECOND BY LOFTUS, TO APPROVE MINUTES AS AMENDED. Vote taken signified ayes by Commissioners Loftus and Roseth. Commissioners Wells and Arnold abstained as they were not present at the August 3, 1989, meeting. ITEM II - WADE ALLISON - FRONT YARD VARIANCE Wade Allison, 4330 Dakota Street S.E., stated that he is requesting a 17' west front yard variance to build a garage and to convert the existing garage to living space. A larger garage is needed to park and store the vehicles he owns. Deb Garross presented the information as per the memo of August 17, 1989. Staff recommendation is to deny the request as the subject site is not unique with other lots in the neighborhood, the proposed garage would not observe the spirit of the ordinance, the variance requested is extreme, and the proposed location and setback would not be consistent with the existing development patterns in the neighborhood. Tom Faust, 16051 West Ave. S.E., and Ed Bennett, 16031 West Ave. S.E., objected to the variance as they felt the building would cause a traffic hazard when backing out of their driveways. Mr. Graser reported for the record a telephone call from Keith Torkelson, owner of the vacant lot at the intersection of West Ave. and County Road 21, stating that he also objected to the variance. Comments from the Commissioners were on, building an attached garage, change the dimensions of the garage, property size, extreme coverage ratio, poor traffic visibility, and driveway parking. MOTION BY WELLS, SECOND BY ROSETH, TO TABLE THE APPLICATION OF WADE ALLISON AT 4330 DAKOTA ST. S.E., FOR A 17 FOOT VARIANCE UNTIL APPLICANT HAS REDESIGNED PROJECT AND SUBMITTED PLANS TO STAFF. Vote taken signified ayes by Commissioners Loftus, Wells, Arnold and Roseth. MOTION CARRIED. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 1 Ph. (612) 4474230 / Fax (612) 4474245 PLANNING COMMISSION MEETING MINUTES AUGUST 17, 1989 PAGE 2 ITEM III - RICK SWENSON - CONTINUATION OF INDUSTRIAL PARK OFFICE DEVELOPMENT PROPOSAL Rick Swenson, 1941 Normandale, Prior Lake, stated the stipulations the Planning Commission had requested at the July 6, 1989, Planning Commission meeting had been met and now wishes to begin construction on the office /warehouse building at 16940 Welcome Avenue. Mr. Graser presented a summary of the project and explained the various stages that had to be completed. Support has been shown for the application. A letter from County Engineer, Brad Larson, stating they had no objections to the proposal, but there is a concern with the alignment of Welcome Avenue and County Road 12 which the City of Prior Lake may have to address. Mr. Graser recommended approval for the 28' front yard variance from County Road be contingent on these items: park dedication fee, lot location- easement, topsoil and sodding, trees planted, realignment of southern access drive, an additional 2 1/2" boulevard tree, storage area fencing should be 808 translucent, that daily water usage not exceed 672 gallons per day, the warehouse not contain floor drains, and plans become part of the record. commissioners comments were on arrangement of trees, type of storage fence, Welcome Avenue and County Road 12 intersection, monitoring water usage, septic system maintenance, and northern access drive be reduced in size. MOTION BY LOFTUS, SECOND BY WELLS, TO APPROVE A 28 FOOT FRONT YARD VARIANCE FROM COUNTY ROAD 12 FOR 16940 WELCOME AVENUE, REASON BEING THAT COUNTY ROAD 12 WILL BE TURNED BACK TO THE CITY IN THE FUTURE AS A LOCAL STREET AND THE SETBACK WILL BE WITHIN CODE, AND IF THE BUILDING WAS MOVED FURTHER NORTH THE STORAGE AREA WOULD BE TO THE FRONT ADJACENT TO COUNTY ROAD 12 AND HAVE A NEGATIVE IMPACT ON THE AREA. THE CONTINGENCIES FOR THE VARIANCE ARE AS FOLLOWS: 1. REALIGNMENT OF THE SOUTHERN ACCESS DRIVE AND THAT THE NORTHERN ACCESS DRIVE BE REDUCED FROM 32' TO 24'. 2. ADDITION OF ONE 2 1/2" BOULEVARD TREE 15' NORTH OF THE NORTH DRIVE, TOTAL TREES BEING 7 AND OF MIXED VARIETIES. 3. STORAGE AREA FENCE SHOULD BE 80$ TRANSLUCENT AND A PRIVACY DECORATIVE FENCE IS RECOMMENDED. 4. DAILY WATER USAGE NOT EXCEED 672 GALLONS PER DAY. 5. WAREHOUSE AREA NOT CONTAIN FLOOR DRAINS. 6. PARK DEDICATION FEE OF $910.00 BE PAID. 7. BLACK DIRT TOPSOIL BE ADDED AND SODDED ON FRONT, SIDE YARDS AND BOULEVARD. 8. PROOF OF AN EASEMENT OVER WELCOME AVENUE TO GIVE ACCESS TO COUNTY ROAD 12. 9. PLAN SUBMITTED BE ENTERED AS PART OF THE RECORD. 10. THAT THE VARIANCE BE GRANTED TO DEVIATE FROM THE REQUIREMENTS OF THE SUBDIVISION ORDINANCE. PLANNING COMMISSION MEETING MINUTES AUGUST 17, 1989 PAGE 3 MOTION AMENDED TO SPECIFY THE TYPE OF TREES TO BE PLANTED BE OF ASH, MAPLE, AND LINDEN VARIETIES. The vote taken signified ayes by Commissioners Loftus, Wells, Arnold and Roseth. MOTION CARRIED. ITEM IV - BYLAW DISCUSSION - STAFF Discussion on By -Laws continued as one member of the Planning Commission is absent. A date for the Council Workshop was discussed, October 5, 1989, was decided upon. Mr. Graser informed the Commissioners on the status of the Mickley variance. There has been a restraining order issued. The Elmer Clark house removal has been let for bids. Discussion followed on a letter from the City of Savage zoning meeting on the property at County Road 42 and Highway 13. MOTION BY ROSETH, SECOND BY LOFTUS, TO ADJOURN THE MEETING. Vote taken signified ayes by Commissioners Loftus, Wells. Arnold and Roseth. MOTION CARRIED. Meeting adjourned at 9:20 P.M. Tape of meeting available at City Hall. Horst Graser Rita M. Schewe Director of Planning Recording Secretary "VA20PC" PLANNING REPORT SUBJECT: SIDE YARD VARIANCE APPLICANT: RANDALL RIES SITE: 16484 INGUADONA BEACH CIRCLE DATE: SEPTEMBER 7, 1989 INTRODUCTION• To cow 5' side yard variance, a 7' rear yard variance, and a variance from Section 9.2B3 and Section 9.3B1C of the Shoreland Management ordinance for 16484 Inguadona Beach Circle. The subject site is owned by Randall Ries. BACKGROUND: The su ect site is zoned R -1 /S -D with required setbacks of 25' front yard, 25' rear yard, and 10' for each side yard. The lot square footage is 4,500 square feet. The subject lot is currently developed with an existing one bedroom home measuring 27' x 22' which was constructed in 1943. The total coverage ratio including the proposed addition is 26 %. STAFF ANALYSIS• The a Ing aadonaBBeach neighborhood is an old established area platted in predominately 50' lots. The residential units consist of mostly older homes and remodeled cabins. Many of the homes were constructed in the 1920's through the 1930's and are at variance of current setback standards. There have been several 5' side yard variances granted within the Inguadona Beach neighborhood. The immediate topography of the area can be described as gently sloping with a few mature trees located along the rear lot lines. The two adjacent homes are both built on combined lots. The home to the north is built very close to the rear lot line with a detached garage located near Inguadona Beach Circle. The lot to the south has an old, abandoned home located in the center of the lot. The front yard setback is similar to that of the Ries home. The specific ]proposal is to add a 24' x 26' addition to the rear of the existing home (see the attached site plan). The addition is proposed to come within 5' of the south side lot line and within 18' of the rear lot line. This proposal would also need a variance from two sections of the Shoreland Management Ordinance concerning additions to substandard uses and minimum size of non water frontage lots. The main purpose of the addition is to add another bedroom to the existing one bedroom home. 4629 Dakota St. S.E., Prior Lake Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245 STAFF RECOMMENDATION: Staff ee s there is justification for approving the 5' side yard variance and a 7' rear yard variance. The existing home is currently located 5' from the south side lot line. The new addition will be an extension of the existing home. There have been several 5' side yard variances granted in this neighborhood and staff feels the Ries's should be allowed the same consideration. The 7' rear yard variance is also in line with past action within the neighborhood. The adjacent home to the north is located very close to the rear lot line so the new addition would serve to offset the difference of the setbacks. The two sections of the Shoreland Management Ordinance, 9.2B3 and 9.3BiC cover the expansion of substandard uses and the building of non water frontage lots which are under 10,000 square feet in size. The Ries lot is a lot of record and should be allowed to reasonably develop as other lots in the community. Pat Lynch, the D.N.R. Area Hydrologist, was informed of the variance request and has no objections to this proposal because the subject site is not a lakeshore lot. The recommendation from staff is to approve the variances as proposed since they are in line with past variances granted within the neighborhood. It is architecturally logical to extend the existing wall of the principal structure and the new addition would not harm sightlines of the adjacent homeowners. The proposal is consistent with the character of the area and would not be detrimental to the general health and welfare of the community. 9/7/ 89 @ -7: 3S of Ownership: Existing Use of Property:. Proposed Use of Property:, Legal Descril of Variance Rase Phone S�J I V 2 L' ft Nb rk Phase: SK's 69Yr fiome Phone: tey7 .194-0 c i rk Phone: lfyyr cza9 Purchase Agreouent Pho F-V ° - 92 3P' / s< esent zoning: ff : �?'� / S�'�i <s�.7"`l Itca.�wo�r.0 < / lYfy! Variance Requested: 4Q0 3YJt ao« f• , a1 h e� nW4 9.3 IC Has the applicant previously sought to plat, rezone, obtain� var or conditional use permit on the subject site or any part of it? _yes b What was requested: taken• D isposition• De ibe the type of improvements proposed: 2 9-Y 0-C . d/• tii:, 9 �c�.. -�� /.leIG /_ /4L; 5 . 9' R � P 4 /emu J .. L, f..i SUBKLSSIGN (A)Completed application form. (Wiling fee (C)Certified from abstract fin, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (D)Caoplete legal description r. Property Identification Number (PID). (E)Deed restrictions, if applicable. (P)An area map at 1'200' available from the City Engineering Section showing: existing topography, utilities, lot 0 / 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, building: parking, loading, access, surface drainage, landscaping and utility service. CMY CONHXTE APPLICATIONS SHALL BE REn DW BY THE KANN= COHMSSION. Tb the best of my knowledge the information presented an 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. /1 o , 1 Submitted this Y of A& 19' 9j 1 - - ` lee *am* la THIS SPACE IS TO BE FEE, OUP BY '186 1 PLANNDYG OO('lBSSICN _ APPROV® _ MUM < Ol limait 6{i CITY COUBM APPEAL _ APPROM _ DBIM :i N W, MY W s art. Signature of the Planning Dir*O qr d= 1 i� V INGUADONA BEACH CIRCLE E 6 � s y WS.I'4flW j 4a9 3 RIES SUBJECT SITE •5 9 e m an 2 ; rya G ` c OWs y " IU l� 2 9 s Y 4TH y 2 .n w n E4 2 r'� s 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, September 7, 1989 at 7:35 P.M. PURPOSE OF HEARING To consider a variance application for Randall Ries. SUBJECT SITE LOCATION 16484 Inguadona Beach Circle Lot 58, Inguadona Beach. REQUESTED ACTION The applicant wishes to add a 24 X 26' addition to the rear of the existing home. The addition will require a 5' side yard variance; a 7' rear yard variance; a variance from Section 9.2B3 of the Shoreland Management Ordinance concerning additions to substandard uses; and a variance from Section 9.3BiC of the Shoreland Management Ordinance concerning the minimum size of non water frontage lots. If you desire to be heard in reference to this matter, you should attend this meeting. oral and written comments will be accepted by the Planning Commission. For more information, contact the Prior Lake Planning Department at 447 -4230. Prior Lake Planning Commission August 23, 1989 4629 Dakota St. SE., Prior Lak¢ Minnesota 55372 1 Ph. (612) 447 / Fax (612) 4474245 PLANNING REPORT SUBJECT SIDE YARD VARIANCE APPLICANT DANIEL & PATRICIA NORLIN SITE: 14886 LORI ROAD S.E. DATE: SEPTEMBER 7, 1989 INTRODUCTION• S a as received a variance application from Daniel and Patricia Norlin of 14886 Lori Road S.E. The applicants wish to build a 23 x 24' attached garage to the southerly side of an existing single family home. The request is to consider granting a 3 west side yard variance from the required 10 foot side yard setback requirement. BACKGROUND: TWO existing single family home was moved into the City of Prior Lake in the late 1970 The home was placed 6 from the westerly property line. There is an existing single car garage attached to the westerly side of the home. The applicants wish to remodel the interior of the home and add additional garage s ace to the southerly side of the home, maintaining the current side yard setback of the home. (See attached map and house plan for reference) DEVELOPMENT ISSUES: T e proper y is zoned R- 1 /S -D. A copy of this application was forwarded to the DNR for review and comment. The response from the DNR will be presented at the hearing. This application is to consider a 3 west side yard variance. In addition, since the existing home does not meet that required side yard setback, the structure is considered to be a substandard use as defined by shoreland requirements. STAFF RECOMMENDATION: T e recommen a ion rom staff is to approve the 3 west side yard variance as requested. The hardship in this case is architectural in nature. The existing home is located 6 from the property line at the northwesterly corner. The proposal is to extend an existing wall which is skewed away from the west property line. The proposed addition will not be located closer to the property line than the existing home. It is staff's opinion that this variance will not be detrimental to the health, welfare and property values of the neighborhood and that the variance observes the spirit of the Ordinance. 4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 PID1 •�7 -//7- X1 /7 - CITY OF PRIOR LAKE APPLICATION FOR VARIANCE Applicant + / , O Phone:— - o? /D Address: [ i J Yo rk Phone: Property Owner: A.i / s c, v .g •1w- / i� e.c' L , An+c phone= Address: SA -il'I E wo rk Phone:. Type of Ownership: Fee Contract Purchase Agrees Consultant/Contractor: P110 re• Existing Use 13 i4. L, MC C eU ma a(' 00"W.g &q0 -.a /d3 Of Property: 0 rn r f 14 QCN'7fcT� resent Zoning: Proposed Use u " c; Of Property: F� DD o r✓ L /, 4 L r i / :�y F �.t'/ -{h Er � -n 7/ , A14 - 1 Legal Description of Variance Site: L 0-1 e?4 Iv J —, _' e -t S_ Sa6Vt'Uca1J Variance Requested: 4cp A/ D p k. 46 G!Ak>. I,V 1;,v r e.) -r /) FX I W/ fvq skople ,l:. 35' lueo t 5/4u yang u, 2111',Ce Has the app icant previously sought to plat, rezone, obtain aav or conditional use permit on the subject site or any part of it? Yee What was requested: When: D isposition: Describe the type of improvements proposed: (A)Cmpleted 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)Complete legal description i Property Identification Number (PID). (E)Deed restrictions, if applicable. (F)An area map at 1 available from the City ENineering 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 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 Lake Zoning Ordina which specifies requirements for variance procedures. I agree to prpvide information and follow the procedures as outlined in the Ordinance. Applicagts Signature Submitted thin of 9 // (� Y �fti_.Q_ � Feb Owners Signature THIS SPACE IS TO BE FII.I.[0 CM BY TAE PLANNING DIRWIOR PLANNING COMMISSION _ APPAWED _ DENIED DATE Or BEARIM CITY COUNCIL APPEAL _ APPRW® _ DENIED DATE OF HEARING CONDITIONS: Signature of the Planning Director Date i A OD O/ P Y v e 7 1 3" � "- I 60 ro =fd j O o u 6 L E I U �z GARAaL 1 I I I � 1 4 %$4 Ir 00 pa w i , L r 1r A A 4 / r. Z3 V) J • _ -7,,5)%.luca9* 1 itie insurance %mmpany LOCATION PkPUPI t►Nis is Nor A su*v#y I INSPGCTIUN DATI 4/— No. x j9 90 LIOAL 014CROPTION eor V- "/ f 4oT 1S RsirhoENT. M flat lb. ti ,\ rzo I 5:t 1 Or C Al To O&C, NO. 0974 Me .,.a..., 8.4 based ..... .. ....... CIT. "I. "A M- I" I "a "'Ol .as.." so.,, 1M 1.0 C,g.. as 1. ; E NOTICE OF HEARING FOR WEST 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, SEPTEMBER 7, 1989 at PURPOSE OF HEARING SUBJECT SITE LOCATION REQUESTED ACTION P.M. To Consider a variance application for Daniel & Patricia Norlin. 14886 Lori Road Lot 24 & west 1/2 of Lot 25, Eastwood Addition. The applicant has requested a 3.5 west side yard variance from the required 10 foot setback requirement. Tha applicant proposes to attach a double car garage to the southerly side of the home as per attached maps. If you desire to be heard in reference to this matter, you should attend this meeting. Oral and written comments will be accepted by the Planning Commission. For more information, contact the Prior Lake Planning Department at 447 -4230. Prior Lake Planning Commission (AUGUST 31, 1989) 4629 Dakota St. SE., Prior Lake, Minnesota 55372 / Ph. (612) 4479230 1 Fax (612) 447 -4245 "VA22PC" PLANNING REPORT SUBJECT SIDE YARD VARIANCE APPLICANT BRUCE ALLEN PETERSON SITE: 15275 FAIRBANKS TRAIL DATE: SEPTEMBER 7, 1989 INTRODUCTION Staff has received a variance application from Bruce Peterson of 14956 Pixie Point Circle. The applicant wishes to construct a new single family home at 15275 Fairbanks Trail, legally described as Lot 11, Male Park Shore Acres. The request is to consider a 2' foot east side yard variance. BACKGROUND Lot 11 contains 9,410 square feet and is zoned R- 1 /S -D. There is an existing structure on the lot which is proposed to be removed in order that a new dwelling may be constructed as per attached survey and elevation drawings. Lot 11 is 50 feet wide at the northerly property line and is considered to be a substandard lakeshore lot. DEVELOPMENT ISSUES: A copy of this application was forwarded to the DNR for review. Comments from the DNR will be presented at the hearing. This application is to consider a 2 foot east side yard variance. In addition, the lot size does not meet the required area and lot dimensions required in the Shoreland District therefore, the application is also to consider expanding a substandard use on the subject site. STAFF ANALYSIS: TH Shores Subdivision is an old plat dating back to 1922. The development in the neighborhood ranges from new construction to old cabins which have been substantially renovated throughout the years. The proposal is to remove an existing structure and replace it with a new single family home. The new home meets all setback requirements with the exception of the easterly side yard setback. The home has been designed in a manner that the fireplace chimney will encroach 2 feet within the required 10 foot setback. It is staff's opinion that the new 4629 Dakota St. S.E.. Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 construction will be an improvement over the existing structure. The existing home is located at variance with the west side yard setback. The proposed construction will minimize the variance on this lot in that the only part of the structure at variance, will be the chimney. STAFF RECOMMENDATION: T e recommen a ion rom staff is to approve the 2 foot east side yard variance as requested. The proposed construction will be an improvement to the neighborhood and will be built less at variance than the existing structure. The applicant has attemVted to design a structure which fits within the available building envelope of a substandard sized lot. The Planning Commission has established a precedent to grant up to five foot side yard variances for lots which contain less than 80 feet of frontage. The variance will not be detrimental to the health, welfare and property values of the community and is, in staff's opinion, consistent with the spirit of the Ordinance. Pmt asac,� — CITY OF PRIOR LVCE APPLICATION FOR VARIANCE Applicant: 0 ome Phone: 4 1 S Address: , 'c'e a�r. sg- _ n >r w ork Phone: Y, - // Property Owner: a.nC / CA,, & rsdn H ane Phone: 4 1Y7- 2A5'7 Address: 19 'e& • v SE b e e- w• rk Phone: Type of Ownership: Fee Contract Purchase Agreement Consultant /Contractor: Pho ne: Existing of Prope Propos ' of Pro Legal of Var Variance Requested: nJ AC'4 flls7 5/GY2, , Has the applicant previously sought to plat, rezone, obtain a variance or conditional use permit on the subject site or any part of it? ___ _&_)Io What was requested: When- D isposition: SUBMISSION REOUIREWM: (A)Completed application form. (B)Filing fee (C)Certified from abstract firm, nom^^ and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (D)Camplete legal description a Property Identification Number (PID). (E)Deed restrictions, if applicable. (F)An area map at 1 available from the City Engineering Section showing: existing topography, utilities, lot boundaries, building easements and soil test data if pertinent within 300 feet. (G)A parcel map at 1 20' -50' showing: The site development plan, buildings: parking, loading, access, surface drainage, landscaping and utility service. ONLY COMPLETE APPLICATIONS SHALL BE REVIEDIEO BY THE PtANNIM COMNISSION. To the best of my knowledge the information presented an 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 FjOrrlde inf„ornayn ;nd follow the procedures as outlined in the Ordinance. � i/J( /� / /�— �,/1 !/ 1 Submitted this � of s(�(pV__T _1 91 x THIS SPACE IS TO BE FILLED OUT BY THE PUNNING DIRECTOR PLANNING commissim _ APPRWED _ DENIM DATE OP BEARIET, CITY comm APPEAL _ APPRWW _ DENIED DATE OF HEARING CONDITIONS: Signature of the Planning Director Ilse rty V nv-wl 6a L6 6e /Ymyez:91) P resent Zoning: 1 �, 9 EY PREPARED FOR BRUCE .PETERSON Va11ey Engineering Co., Me. 14956 PIXIE POINT CIRCLE SATE 120 -C , 166T0 FRANKLIN TRAIL ✓RIOR LAKE, Ali. 653M FRANKLIN TRAIL OFFICE CONOOMRIW PRIOR LAKE, MINNESOTA 53372 TELEPHONE f641 447-2970 AAT -3241 FAIRBANKS r TRAIL 15271 0 1527'5 15279r- al's :i 20[981 6mtII.•t4 .1 ... ti. 921." A.tw..1.. m nce m lot 10 P1L[ W Is s2 or In M II - 924.4 Vm .il.tYlt a.A..1w.U.m F ��j1 O.e.Y. Yta1...6 fP.A..l.ntlmt , I�b � Dmw P1Pw... 6uvetlm of wuSm. Ir t.-.. 2e S.t t.. rX.n..LL .t .1•..1,1m 927.1 Set t11. Up 41..11 .t .1•..t/m 927.53 lot APr 9.410 w1l.t. rwt l : 'O►i » lu. nRw .ul twin... w. l1m ..t1mw 4 a. 1i a F 4 't e 065CniPr102. Lot 11. l Nm 611026 tCnr. nett ComtF. nwRwr.. Al.o .no.lAn tll. l UW or tM Pt9P...6 nour Q 7D ow aft WA.0 040 vow awIgr lCRL! M Ao. um a wwrlw • Ot10M at. RMaP V26/..141.m wwmr91. a2�a • Dmol� 9nR .e...Rll 9..12. P.N.I. Nr • rr VW 061NWMW Cat wu 116 00 P1L[ W Is s2 or In M II LEFT 91DE GLE.NTiou 1 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, SEPTEMBER 7, 1989 at 8: PURPOSE OF HEARING SUBJECT SITE LOCATION REQUESTED ACTION 1JUM To consider a variance application for Bruce Peterson. 15275 Fairbanks Trail Lot 11, Maple Park Shore Acres To consirer a 2 foot east side yard variance. The applicant has proposed to construct a new single family home as per attached drawings. The fireplace will encroach upon the required 10 foot side yard setback. The applicant has requested that the fireplace be located 8 feet from the east property line. If you desire to be heard in reference to this matter, you should attend this meeting. Oral and written comments will be accepted by the Planning Commission. For more information, contact the Prior Lake Planning Department at 447 -4230. Prior Lake Planning Commission AUGUST 31, 1989 4629 Dakota St. S.E., Prior Lake Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 "VA18P2" PLANNING REPORT SUBJECT FRONT YARD VARIANCE APPLICATION APPLICANT WADE ALLISON SITE: 4330 DAKOTA STREET S.E. DATE: SEPTEMBER 7, 1989 INTRODUCTION• The P la n q Commission considered a variance application frcm Wade Allison fora 17' foot front yard variance from West Avenue on August 17, 1989. Mr. Allison had proposed to build a 32 x 24 foot detached garage 8' feet from the westerly property line of . Lot 1, Block 1, Prior Acres 3rd Addition The Planning Commission encouraged the applicant to review alternate design options for the garage in order to reduce the amount of variance needed. The revised plan is attached. The applicant has chosen to attach the garage to the westerly side of the home and is requesting consideration for a 4' foot west front yard variance. BACKGROUND: T1 Ou sect site is a corner lot which contains approximately quare feet. The lot is zoned R -1 /S -D and the required setbacks are 25 feet from the south and west property lines and 10 feet from the north and east property lines. Mr. Allison wishes to convert an existing tuck under garage into living space and add an attached garage on the westerly side of the existing home. DEVELOPMENT ISSUES: T e P arming Comm ssion was concerned with the original location due to the proximity of garage the structure to the road and that site lines for traffic would likely be impaired. Reactions from the neighborhood were generally negative and concern was expressed for traffic safety as well as the aesthetic impact on the neighborhood. The attached map illustrates the location proposed for the attached garage as well as the location of four homes to the north of the subject site. It is evident that structures located along West Avenue in the immediate vicinity of the subject site, maintain a consistent setback from the roadway. A discussion with the Building Official revealed that typical garage length ranges from 22 to 26 feet. 4629 Dakota St. SE., Prior Lake Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 STAFF ANALYSIS: The app scant has use of not as large of a storag able to find a hardsh site is not unique an demonstrate that a hards the efforts of the a from 17 to 4 feet. It i length of the garage be variance from 4 to a 2 f an existing garage, even though it is space as he would like. Staff is not p concerning this property. The subject no evidence has been presented to ip exists. However, staff does recognize plicant to reduce the amount of variance the recommendation of staff that the reduced from 24 to 22 feet, reducing the of west front yard variance for the subject site. The addition of a 22 x 34 foot garage would bring the coverage ratio to 21% percent for the subject site. MOM 11 e� Phone: Phone: — Phone: 4�1G sRi/ Phone: — e Agreement Existing Use of Property; * PESIDEA?/A/- — P resent Zoning: la- `+'o6�rr Proposed Use of Property: ,PES/nEMT', - Legal Description of Variance Site• Lo / f P .,t ` 'rr« 3,P/% 4nc. r c •. Variance Requested• - • - . , ORO /FIANCE Xoti.�06R M49-"e1 J7" ~- � [ rro cL Has the applicant previously sought to plat, rezone, obtain a v riance or conditional use permit on the subject site or arty pact of it? __—Y What was requested: When. D ispositions ibe the type of GAPA6.E TO LivrNG SP.aCE- i (A)Completed application form. (B)Fildng fee (C)Certified from abstract firm, names and addresses of property owners within 100 feet of the exterior boundaries of the subject property. (D)Conplete legal description i Property Identification Number (PID). (E)Deed restcictions. if applicable. (F)M area map at 1'200' available from the City @gineering Section showing: existing topography. utilities. lot boundaries. building easements and so11 test data if pertinerK within 300 feet. (G)A parcel maip at 1'- 20' -50' showing: 'R:e site development plan, buildings: perking. loading. access. surface drainage, laidscaping and utility service. my COMPLETE APPLICATIONS SHALL BE REVIEWED By WE 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 Lakc Zoning Ordinance which specifies requirements for variance procedures. I agree to provide information and follow the procedures as outlined in the Ordinance. / is.� .n�.x Submitted this flay of A r. 1 9-/ TEAS SPACE IS TO BE FILLED OUT BY THE PLANNING DIRBCPOR J-04 TMCED PLRMUM COMMISSION _ APPROVED __ DENIED DATE OF BEARING my COMM APPEAL a APPROVED _ DENIED DATE OF BERRU49 •. 11 r .'' Signature of the Planning Director Date "VA18PC" PLANNING REPORT SUBJECT FRONT YARD VARIANCE APPLICATION APPLICANT WADE ALLISON SITE: 4330 DAKOTA STREET S.E. DATE: AUGUST 17, 1989 INTRODUCTION• The P arming Department has received a variance application from wade Allison to consider a 17' foot front yard variance from West Avenue. Mr. Allison has proposed to build a 32 x 24 foot detached garage e' feet from the westerly property line of Lot 1, Block 1, Prior Acres 3rd Addition. BACKGROUND: T e�i — suWlect site is a corner lot which contains approximately 9,500 square feet. The lot is zoned R -1 /S -D and the required setbacks are 25 feet from the south and west property lines and 10 feet from the north and east property lines. Mr. Allison wishes to convert an existing tuck under garage into living space and add a detached garage on the northwest corner of the property. DEVELOPMENT ISSUES: The attached map is a drawing prepared by the City Engineering Department. The map illustrates the location proposed for the detached garage as well as the location of four homes to the north of the subject site. It is evident that structures located along West Avenue in the immediate vicinity of the subject site, maintain a consistent setback from the roadway. STAFF ANALYSIS: When the application for variance was first discussed, it was thought by the applicant that there was enough lot area to locate the garage 12 feet from the property line. Staff reviewed possibilities of reducing the length of the garage from 32 to 22 feet in order to reduce the degree of variance needed. However, once the proposal was drawn to scale, it was discovered that there was much less area available to the westerly side of the home and that an extreme variance would be needed in order to construct the garage as proposed. 4629 Dakota St. SE.. Prior lake Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 A site analysis was conducted by staff, where it was found that the proposal would not be consistent with the development patterns of the neighborhood. The applicant has use of an existing garage, even though it is not as large of a storage space as he would like. Staff would find it difficult to find hardship to substantiate granting a variance to this site. The subject site is not unique and no evidence has been presented to demonstrate that a hardship exists. Perhaps the applicant should explore other alternatives to increase the living space of the existing home in a manner which does not require setback variances. STAFF RECOIMIENDATION: The recommen a on rom staff is to deny the variace on the basis that the subject site is not unique with respect to other lots within the neighborhood; the proposed garage would not observe the spirit of the ordinance; the variance requested is extreme (68Z variance); and the proposed location and setback would not be consistent with existing development patterns in the neighborhood. O I S m E� Q 00266N° DAKOTA STREET C4 p M w i i 4330 - o TD + m m 17' VARIANCE M v D { < " u E :0 m c.uc! Z 3L -' i F F 1G W' m CD 1 I> - - $ m � ;e - t y � X - -� - SUNFISH_ 00 66N Z ' T' z T I ANGLE 0 L <1 D I z° H 4W 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, SEPTEMBER 7, 1989 at PURPOSE OF HEARING P.M. To consider a front yard variance application for Wade Allison. SUBJECT SITE LOCATION REQUESTED ACTION 4330 Dakota St. S.E. Lot 1, Block 1, Prior Lake Acres 3rd Addition. The applicant has requested the Planning Commission to consider granting a 4 foot west front yard variance from West Avenue. The applicant wishes to construct an attached garage as shown on the enclosed map. The required front yard setback is 25 feet. Mr. Allison wishes to construct the garage 21 feet from the westerly property line. If you desire to be heard in reference to this matter, you should attend this meeting. Oral and written comments will be accepted by the Planning Commission. For more information, contact the Prior Lake Planning Department at 447 -4230. Prior Lake Planning Commission (AUGUST 31, 1989) 4629 Dakota St. S.E., Prior Cake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 "H003PC" PLANNING REPORT SUBJECT HOME OCCUPATION PERMIT APPLICANT GUY SELINSKE SITE: 16813 LYONS AVENUE DATE: SEPTEMBER 7, 1989 INTRODUCTION: The Panning Department has received an application from Guy Selinske of 16813 Lyons Avenue to consider a home occupation permit. Mr. Selinske proposes to operate a glass repair service from his residence. (See application and letter dated August 28, 1989 for further reference) BACKGROUND: Th occupation at the subject site was brought to the attention of staff via a complaint investigation. On August 14, 1989 an inspection of the property was conducted by Code Enforcement Officer, Jay Scherer. violations noted at the site were: Improper storage of a junk vehicle; storage shed located within a required setback and operation of a home occupation without an approved permit. To date, all violations have been rectified and with the exception of the home occupation permit, which is under consideration by the Planning Commission. DEVELOPMENT ISSUES: The subject site Is contains a single family home and is zoned R- 1 /S -D. The neighborhood is comprised of single family homes and four plexes which are located to the west of the subject site. The yard and home appear to be well kept with the exception of some wood and glass materials which are set against a fence adjacent to the southerly property line. An American Glass and Mirror vehicle is parked on Lyons Avenue adjacent to the subject site. STAFF ANALYSIS The proposed home occupation is to operate a mobile glass replacement company from the residence located at 16813 Lyons Avenue. The business is the primary source of income for the applicant. The operation has two employees, Mr. Selinske and one full time glass installer. The operation consists of a dispatch service whereby clients phone the Selinske home and 4629 Dakota St. S.E., Prior Lake Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245 request that an installer drive off site, to repair and /or replace glass. In addition, some customers drop windows off at the Selinske residence to be repaired. No exterior advertising for the occupation is proposed with the exception of the signage located on the service vehicle. The objective of zoning is to establish areas where homogeneous or like uses can be accommodated. Home occupations may be permitted only if they do not detract from the residential character of the neighborhood. Staff is concerned that this occupation was discovered as the result of a neighborhood complaint. However, under prescribed conditions, it may be possible for the occupation to exist without negative impact to the neighborhood. Staff would not object to a home occupation whereby a glass installer is dispatched to an off site area to conduct work. The traffic generated by one employee would be minimal. However, the remnant glass and replaced windshields etc... must be disposed of off site and no exterior storage of materials associated with the occupation should be allowed. In addition, the Planning Commission may wish to restrict the business to dispatch only, thereby eliminating client traffic and on site repairs. It is staff's opinion that if the occupation is of the intensity where on site repairs and storage are an integral part of the business, that the use is too extensive to be assimilated into a residential environment and should be conducted in a business district. STAFF RECOMMENDATION: The recommen anon rom staff is to approve a home occupation permit for 16813 Lyons Avenue subject to the following conditions: 1. The operation be limited to dispatch only. 2. The number of employees be limited to family members and r ^e glass installer. 3. No exterior signs be allowed to advertise the business. 4. No exterior storage be allowed on site. 5. All repair work be conducted off site. Present Unings Residential Reasons for Request: Need permit to continue business oneratine from this address. (A) Completed application dorm. (B) Piling Pee. (C) Names and addresses of abutting property owners. (D) Parcel ID (PID). ONLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING COMMISSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 6.8 of the Prior Lake Zoning Ordinance which specifies requirements for Hare Occupations. I agree to provide information and follow the procedures as outlined in the Ordinance. ,..,. S >IL A � Submitted this .2-L day of 19�` r. Signature i Zonditions: Signature of the Planning Director Date Legal Description of Site: Lot 6 Block 4 Prior South,Scott county, M Propety Identification Nwiber (PID): 25- 017060 -0 HO 03 r PID# 35- 0i7 -0fon - CITY OF PRIOR LAKE APPLICATION FOR HOME OCCUPATION PERMIT Applicant: GUY J. SELINSKE Address; 16813 Lyons Ave. SE, Prior Lake, M 55372 Hare Phone: 4 4 7 -1663 Wo rk Phone: 447 -3151 P Owner: G J. S MaryK. Selinske Address: 16813 1 ons ve for Ia ce, M 55372 Hans Phone: INI -TG03 Wo rk Phone: 447 -3151 Present Unings Residential Reasons for Request: Need permit to continue business oneratine from this address. (A) Completed application dorm. (B) Piling Pee. (C) Names and addresses of abutting property owners. (D) Parcel ID (PID). ONLY COMPLETE APPLICATIONS SHALL BE REVIEWED BY THE PLANNING COMMISSION. To the best of my knowledge the information presented on this form is correct. In addition, I have read Section 6.8 of the Prior Lake Zoning Ordinance which specifies requirements for Hare Occupations. I agree to provide information and follow the procedures as outlined in the Ordinance. ,..,. S >IL A � Submitted this .2-L day of 19�` r. Signature i Zonditions: Signature of the Planning Director Date Legal Description of Site: Lot 6 Block 4 Prior South,Scott county, M Propety Identification Nwiber (PID): 25- 017060 -0 GUY J. SELINSKE PROPERTY ID NO. 25- 017060 -0 16813 LYONS AVENUE SE LOT 6 BLOCK 4 PRIOR SOUTi PRIOR LACE, MN 55372 AUGUST 28, 1989 CITY OF PRIOR LAKE P.O. BOX 359 PRIOR LAKE, MN 55372 ABUTTING PROPERTY OWNERS: GERHARD ZAUDTKE -16803 LYONS AVENUE SE. PAM TANBERG -16827 LYONS AVENUE SE MIKE BOMSACK -16820 BLIND LAKE TRAIL SE WE ARE A SMALL FAMILY OWNED GLASS COMPANY. A LARGE PORTION OF OUR BUSINESS IS MOBILE AUTO GLASS REPLACEMENT DIRECTED TO US BY INSURANCE AGENTS. THEY EITHER CALL OUR OFFICE THEMSELVES OR HAVE THEIR CLIENTS CALL. WE THEN GO TO WHERE THEIR CLIENT IS LOCATED AND INSTALL THE GLASS. WE ALSO DO SOME GLASS REPLACEMENT IN RESIDENTIAL HOMES AND COMIMERCIAL BUILDINGS. IN ADDITION TO MYSELF, WE HAVE ONE FULL TIME GLASS INSTALLER WHO, LIKE MYSELF, SPENDS THE MAJORITY OF HIS TIME ON THE ROAD. WE KEEP THE TRAFFIC TO AND FROM OUR LOCATION TO A MINIMUM. WE MAY AVERAGE ONE OR TWO CUSTOMERS A WEEK WHO WILL STOP BY TO DROP OFF A STORM WINDOW TO BE FIXED OR NEED A PIECE OF GLASS CUP. ALSO, WE HAVE RENTED SPACE OUT OF PRIOR LAKE, ON CTY. RD. 27, FOR STORAGE AND A DUMPSTER. WE SHALL WORK WITH THE CITY OF PROIR LAKE TO OBTAIN THE HOME OCCUPATION PERMIT. THANK YOU FOR YOUR HELP. SINCERELY, GUY J. SELINSKE NOTICE OF HEARING FOR HOME OCCUPATION PERMIT 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: SEPTEMBER 7, 1989 PURPOSE OF HEARING at 8.45 P.M. To consider a home occupation permit application for Guy Selinske. SUBJECT SITE LOCATION 16813 Lyons Avenue Lot 6, Block 4, Prior South Mr. Selinske wishes to operate a glass repair business from his home. The application states that there will be two employees, Mr. Selinske and one full time glass installer. The scope of the business proposed is for clients to call the home of the applicant and request a glass installer to drive off -site, to repair auto glass. A letter outlining the applicants request is attached. If you desire to be heard in reference to this matter, you should attend this meeting. Oral and written comments will be accepted by the Planning Commission. For more information, contact the Prior Lake Planning Department at 447 -4230. Prior Lake Planning Commission (AUGUST 31, 1989) 4629 Dakota St. S.E., NOT lake Minnesota 55372 7 Ph. (612) 4474230 1 Fax (612) 447 -4245 -Ar J, a� REGULAR PLANNING COMMISSION MEETING AGENDA SEPTEMBER 21, 1989 7:30 P.M. CALL TO ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING 7:35 P.M. HEARING LEONARD BIXBY 7:45 P.M. HEARING DANIEL KLAMM * 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 I Ph- 1612) 4474230 1 Fax (612) 447 -4245 PLANNING COMMISSION MINUTES SEPTEMBER 7, 1959 The September 7, 1989, Prior Lake Planning Commission was called to order by Chairperson Kedrowski at 7:30 P.M. Present were Commissioners Arnold, Kedrowski, Loftus, Roseth, Wells, Director of Planning Horst Graser, and Assistant City Planner Deb Garross. ITEM I - REVIEW MINUTES OF THE PREVIOUS MEETING Mr. Graser advised the Commissioners that an item had been omitted from the Rick Swenson Subdivision variance hearing and the minutes should be amended to include the findings of the hearing. MOTION BY ARNOLD, SECOND BY LOFTUS, REGARDING THE RICK SWENSON INDUSTRIAL PARK DEVELOPMENT AT WELCOME AVENUE AND COUNTY ROAD 21, TO RECOMMEND THAT THE CITY COUNCIL WAIVE CHAPTERS ONE THROUGH TWELVE OF THE CITY SUBDIVISION ORDINANCE WITH THE EXCEPTION OF CHAPTERS 6 -6 -8, 6 -6 -4, 6 -7 -2, 6 -7 -2, 6 -7 -1A. THE REASONING FOR THIS IS THAT THE DEVELOPMENT IS CONSISTENT WITH THE COMPREHENSIVE PLAN, THE GENERAL HEALTH AND WELFARE ISSUES OF THE COMMUNITY HAVE BEEN ADEQUATELY ADDRESSED IN REGARD TO THE SEPTIC SYSTEM, ADEQUATE PARKING, BUILDING SIZE, LOCATION, ACCESS, AND THAT THERE ARE ONLY THREE VACANT PARCELS LEFT IN THE I -2 INDUSTRIAL PARK. THE DEVELOPMENT HAS HAD CONSIDERABLE STAFF INPUT, IS A LOW INTENSITY USE AND WILL NOT COMPROMISE OR JEOPARDIZE THE COMMUNITY OR OTHER USES IN THE INDUSTRIAL PARK. THAT ITEM #10 OF THE CONTINGENCIES ON THE ORIGINAL MOTION ON PAGE 2 OF THE AUGUST 17, 1989, MINUTES BE REMOVED AND REPLACED BY THE AFOREMENTIONED MOTION. Vote taken signified ayes by Arnold, Loftus, Roseth, and Wells. One abstention by Kedrowski as he was not present at the August 17, 1989, meeting. MOTION CARRIED. MINUTES AMENDED. Commissioner Wells suggested that the comment from the Commissioners stating " how well it appears that City Szaff and the business community have •✓orked together to accomplish a positive outcome for everyone" be added to the end of paragraph three on page two. Amend the minutes to reflect that Commissioner Kedrowski was absent at the August 17, 1989, Planning Commission Meeting. MOTION BY ROSETH, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS AMENDED. 4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 PLANNING COMMISSION MEETING SEPTEMBER 7, 1989 PAGE 2 Vote taken signified ayes by Arnold, Loftus, Roseth, Wells. Commissioner Kedrowski abstained. MOTION CARRIED. ITEM II - RANDALL RIES -SIDE YARD VARIANCE Randall Ries, 16484 Inguadona Beach Circle, stated that due to an scaling error in the drawing the variance needed for the east rear yard is 4' instead of 7' as applied for. The south side yard variance is 5 He is requesting the variances in order to enlarge his living quarters as the home is a one bedroom home and with two children needs the additional space. Mr. Graser presented the information as per memo of September 7, 1989. The lots in the area are predominately 50' lots and homes in the area are older homes or cabins. Staff recommendation is to approve the application. Bonnie Irvine, 16478 Inguadona Beach Circle, stated that the Ries residence is 4 from the lot line according to their plat drawing they had done by Valley Engineering in 1984 and wanted this information to be part of the record. Chairperson Kedrowski suggested that Mr. Ries and Mr. & Mrs. Irvine meet outside the Council Chambers to discuss the problem and try to work out a solution this evening. MOTION BY WELLS, SECOND BY ROSETH, TO CONTINUE THE RIES APPLICATION UNTIL LATER. Recess called at 7:58. Reconvened at 8:00 P.M. ITEM III - DANIEL & PATRICIA NORLIN - SIDE YARD VARIANCE Dan Norlin, 14886 Lori Road, wishes to renovate his home and add a double garage and is requesting a 3 west side yard variance. Deb Garross presented the information as per memo of September 7, 1989. Staff did not receive any response from the DNR on this application. Recommendation by Staff would be to approve the variance. Commissioners comments were a question on the variance amount, method of locating property lines and support for the variance. MOTION BY WELLS, SECOND BY ROSETH, TO GRANT A 3' S" WEST SIDE YARD VARIANCE FOR 14886 LORI ROAD S.E, GIVEN THAT THERE IS AN EXISTING STRUCTURE CLOSER TO THE SIDE YARD THAN THE VARIANCE APPLIED FOR, SUBSTANDARD LOT SIZE, IN LINE WITH DECISIONS MADE BY THE COMMISSION IN THE PAST, DOES NOT JEOPARDIZE THE HEALTH AND WELFARE OF THE COMMUNITY. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 7, 1989 PAGE 3 Amendment by Commissioner Loftus, to add to the motion that no opposition was expressed by the neighbors, failed. Vote taken signified ayes by Arnold, Kedrowski, Loftus, Roseth and Wells. MOTION CARRIED. ITEM III - BRUCE PETERSON - SIDE YARD VARIANCE Mr. Peterson was not present. Recess called for 5 minutes at 8:15 P.M. Reconvened at 8:20 p.m. Mr. Peterson not present. MOTION BY KEDROWSKI, SECOND BY ROSETH, TO CONTINUE BRUCE PETERSON VARIANCE UNTIL THE END OF THE AGENDA AND ACT AT THAT TIME. Randall Ries variance was considered at this time. Mr. Ries said he would request a 5' south side yard variance and would offset the new construction from the existing structure which is located 4 from the south side property line. Future additions would be planned so that the entire building will be 5' from the property line. This was agreeable with Mr. & Mrs. Irvine and Staff. Comments from the Commissioners were, lot is substandard, a one bedroom home is not adequate, garage location, parking, and appreciate the fact that the parties involved could work out a solution. MOTION BY ARNOLD, SECOND BY WELLS, TO GRANT 5 SOUTH SIDE YARD, 4' EAST REAR YARD VARIANCE, AND A VARIANCE FROM SECTION 9.2B3 AND 9.3B1C OF THE SHORE LAND MANAGEMENT ORDINANCE FOR 16484 INGUADONA BEACH CIRCLE, RATIONALE BEING THAT IT IS A SUBSTANDARD LOT WHICH CREATES A HARDSHIP, IS IN LINE WITH VARIANCES GRANTED IN THE PAST IN THIS NEIGHBORHOOD, IS AN EXTENSION OF THE EXISTING HOUSELINE AND IS NOT DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY AND IN CHARACTER WITH THE NEIGHBORHOOD. JUSTIFICATION FOR THE VARIANCE TO SECTIONS 9.238 AND 9.3B1C ARE THAT THE LOT IS TAXABLE AND SEWER AND WATER DOES EXIST TO THE PROPERTY AND APPLICANT SHOULD HAVE THE OPPORTUNITY TO BUILD A HOUSE SIMILAR TO OTHER HOMES WITH SIMILAR LOT RESTRICTIONS. Vote taken signified ayes by Arnold, Kedrowski, Loftus, Roseth and Wells. MOTION CARRIED. Mr. Peterson was present and advised that his application would be heard at the end of the agenda. ITEM V - WADE ALLISON - FRONT YARD VARIANCE Mr. Allison, 4330 Dakota St., presented the alternate design for a garage that was recommended by the Planning Commission at the August 17, 1989, showing the garage attached to the westerly side of the house requesting a 4' west side yard variance. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 7, 1989 PAGE 4 Deb Garross presented the information as per memo of September 7, 1989. F*_aff does recognize the efforts of the applicant to reduce the variance requested but Staff feels that the garage should be 22X34 therefore, Staff recommended a 2' west side yard variance be granted instead of the 4' requested. Comments from the Commissioners; acknowledged efforts of the applicant, felt that a 2' variance would be better but 4' would be allowable, maintenance of two driveways, lot area is less than 10,000 square feet causing a hardship, coverage ratio, and a contingency on the driveway. MOTION BY ROSETH, SECOND BY WELLS, TO APPROVE 4' WEST SIDE VARIANCE FOR AN ATTACHED 24 X 34 GARAGE ADDITION AT 4330 DAKOTA ST., CONTINGENT THAT THE DRIVEWAY EXISTING ON TO DAKOTA BE ELIMINATED AND THE GARAGE SEALED OFF WITHIN A PERIOD OF TWELVE MONTHS. In the discussion following the motion, Commissioner Arnold expressed concern on the site line impact. Commissioner Loftus felt it should be recorded that the neighbors voiced no objections to the alternate plan by Mr. Allison. Vote taken signified ayes by Loftus, Kedrowski, Wells, and Roseth. Nay by Arnold. MOTION CARRIED. ITEM VI GUY SELINSKE - HOME OCCUPATION PERMIT Guy Selinske, 16813 Lyons Ave. stated that he is seeking a home occupation permit to work out of his home and operate a glass repair service. The applicant has been working from his home for the past five years but neglected to apply for a permit. Deb Garross presented the information as per memo of September 7, 1989. This application was brought to the attention of Staff by a complaint. Other violations of the complaint have been satisfied. This occupation is the primary source of income for the applicant. There are two employees plus Mr. Selinske and his wife. Staff's recommendation would be to approve the home occupation permit with the following conditions: 1. The operation be limited to dispatch only. 2. The number of employees be limited to family members and one glass installer. 3. No exterior signs be allowed to advertise the business. 4. No exterior storage be allowed on site. 5. All repair work be conducted off site. Chairperson Kedrowski read into the record a letter dated September 4, 1989, from Gerhard E. Zaudtke, 16803 Lyons Ave. stating he had no objections to the permit, and a letter dated PLANNING COMMISSION MEETING MINUTES SEPTEMBER 7, 1989 PAGE 5 September 7, 1989, from Pam Tandberg, 16827 Lyons Ave. objecting to the home occupation permit. Comments from the Commissioners were; nature of business, method of operation, procedures, storage of glass, delivery of inventory, size of delivery trucks, disposal site, concerned on a business operating in a residential area, exterior signs, number of employees and parked vehicles. MOTION BY WELLS, SECOND BY ARNOLD, TO APPROVE A HOME OCCUPATION PERMIT FOR 16813 LYONS AVENUE FOR THE OPERATION OF A GLASS REPAIR SERVICE WITH THE FOLLOWING CONDITIONS: 1. OPERATION BY DISPATCH ONLY, NO DELIVERIES, NO STORAGE. 2. NUMBER OF EMPLOYEES BE FAMILY MEMBERS AND ONE NON- FAMILY MEMBER FULL TIME EMPLOYEE. 3. NO EXTERIOR SIGNS TO BE DISPLAYED ON THE PREMISES. 4. NO EXTERIOR STORAGE. BE ALLOWED ON SITE. 5. ALL REPAIR WORK BE CONDUCTED OFF SITE. 6. ALL PARKING TAKE PLACE IN DRIVEWAY. Vote taken signi:ied ayes by Arnold, Kedrowski, Loftus, Roseth and Wells. MOTION CARRIED. ITEM VII STAFF RETREAT TOPICS Mr. Graser outlined items to be discussed at the Council and Planning Commission Workshop on October 5, 1989, 7:00 to 10:00 P.M. Items as follows: 1. Community Identity. 2. County Road 21 - positive and negative aspects. 3. Variances and hardship tests. 4. County Road 42 - 13 intersection. Chairperson Kedrowski requested that an agenda with items outlined be sent to Commissioners before the Workshop. Mr. Graser emphasized the need to focus on community identity. MOTION BY ROSETH, SECOND BY WELLS, TO SUPPORT CITY STAFFS RECOMMENDATIONS FOR THE WORKSHOP ITEMS. Vote taken signified ayes by Wells, Roseth, Loftus, Kedrowski and Arnold. MOTION CARRIED. ITEM IV - BRUCE PETERSON - SIDE YARD VARIANCE Mr. Peterson, 15275 Fairbanks Trail, stated that he is requesting a 2' east side yard variance to build a new single family home. Deb Garross presented the information as per memo of September 7, 1989. An older home is being removed and a new residence PLANNING COMMISSION MEETING MINUTES SEPTEMBER 7, 1989 PAGE 6 constructed. The home does meet the required setbacks except for two feet needed for a fireplace chimney. Comments from the Commissioners were; that lot is substandard, variance is not detrimental to the health and welfare of the community, and support for the variance. MOTION BY ROSETH, SECOND BY ARNOLD TO APPROVE THE 2 FOOT EAST SIDE YARD VARIANCE FOR 15275 FAIRBANKS TRAIL. THE PROPOSED HOME WILL BE BUILT LESS AT VARIANCE THAT THE EXISTING STRUCTURE WHICH WILL BE AN IMPROVEMENT TO THE NEIGHBORHOOD. THE VARIANCE AND IS NOT DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD AND IS A SUBSTANDARD LOT. Vote taken signified ayes by Wells, Roseth, Loftus, Kedrowski and Arnold. MOTION CARRIED. Mr. Graser informed the Commissioners that the City Manager would like the Commissioners to partake in seminars. The information will be sent when available. ITEM VIII - STAFF - BY -LAWS DISCUSSION Consensus from the Commissioners was to discuss the By -Laws at a separate date. September 28, 1989, was decided and the meeting will be held at an outside location. Miss Garross and Mr. Graser will coordinate the meeting date and location. MOTION TO ADJOURN BY ARNOLD, SECOND BY ROSETH. Vote taken signified ayes by Wells, Arnold, Roseth, Kedrowski and Loftus. MOTION CARRIED. Meeting adjourned at 10:15 P.M. Tapes of meeting available at City Hall. Horst Graser Rita M. Schewe Director of Planning Recording Secretary "VA23PC" PLANNING REPORT SUBJECT: SIDE YARD VARIANCE APPLICANT: LEONARD BIXBY SITE: 4075 ROANOKE AVE. DATE: SEPTEMBER 21, 1989 INTRODUCTION: To consider a 5' side yard variance and a variance from Section 9.2B3 and Section 9.3B1C of the Shoreland Management Ordinance for 4075 Roanoke Avenue. The subject site is owned by Leonard Bixby. BACKGROUND: The su lect site is zoned R- 1 /S - -D which has a required side yard setback of 10 feet. The lot square footage is 7,500 square feet. The subject lot is currently developed with an existing home which was constructed in 1978. The total coverage ratio including the proposed addition is 21 %. STNFF ANALYSIS• The Spring Brook Park neighborhood was platted in 1948 into 50' lots. Most of the residential homes were constructed from the mid 1950's to the early 1960's on combined lots to allow for more buildable area. Some of the homes along Roanoke Avenue were built very close to the road and are at variance of todays 25' front yard setback standard. The immediate topography of the area can be described as gently sloping with several large, mature trees located throughout the neighborhood. The adjacent home to the west is built on lot 10 and p/o of lot 11 and has a garage that may be at variance of the front yard setback. The parcel to the east is part of the Priorview P.U.D. and is vacant at this time. The specific proposal is to add a 24' x 30' two car garage to the front of the existing home (see attached site plan). The garage is proposed to come within 5' of the east side lot line. In addition, the lot size does not meet the required area and lot dimensions required in the Shoreland District therefore, the application is also to consider expanding a substandard use on the subject site. 4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 1 Fax (612) 4474245 copy of this application was forwarded to the D.N.R. for 7iew. Comments from the D.N.R. will be presented at the aring. STAFF RECOMMENDATION: The recommen ation from staff is to approve the 5 east side yard veriance as requested. The applicant has attempted to design a s-ucture which fits within the available building envelope of a su; , standard lot. The Planning Commission has established a pr cedent to grant up to five foot side yard variances for lots wt ch contain less than 80 feet of frontage. Several homes in th Spring Brook Park area are built at variance so this proposal wo - -_id not be out of character for the neighborhood. The two sections of the Shoreland Management Ordinance, 9.2B3 and 9.31C cover the expansion of substandard uses and the building of non water frontage lots which are under 10,000 square feet in siz The Bixby lot is a lot of record and should be allowed to rea >onably develop as other lots in the community. Many of the older plats within Prior Lake were developed into 50' lots and not allowing construction on these lots today because they are substandard would be unrealistic. Therefore, staff has no objections with variances from these two components of the Shoreland Management Ordinance. The recommendation from staff is to approve the variances as proposed since they are in line with past variances granted within the neighborhood. The proposal is consistent with the charm°:ter of the area and would not be detrimental to the general health,, welfare, and property values of the community. S I 5 VARIANCE SUBJECT SITE 2131415161775 y � �6f 9o2-l()2-0 WILLIAM SIMPKINS 6 as- 902 -tos -0 23.0.. aw 02-0 as =quZ -uti4-i NIIZS C 213414 - P✓w-<n1 1D+nN10mt5 ,ZS -9U2 p jfEW ,3R D 95 n:. y i RO AVENUE R.OA D f� - -- —50.00 -- V 0 to s Scale I' - .2C -- 50.00 g I ( T I p 13 I� 24 � 24 � I C i I o o I iw � wl I I Z� IO.s I ?•____� V 0 to s Scale I' - .2C -- 50.00 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: SEPTEMBER 21, 1989 at 7:35 P.M. PURPOSE OF HEARING To consider a 5' side yard variance for Leonard Bixby. SUBJECT SITE LOCATION 4075 Roanoke Ave. S.E. Lot 9, Spring Brook Park REQUESTED ACTION The applicant is requesting a 5' east side yard variance in order to construct an attached 24' x 30' two car garage. The required side yard setback is 10 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) 4629 Dakota St. S.E.. Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 NEW ABSTRACTS C CLOSING REGISTERED PROPERTY ABSTRACTS CLOSING SERVIC SCOT COUNTY ABSTRACT AND TLE T TI TLE, C TITLE INSURANCE , PECOPO ADING S ICE Ply NOLMES STREET, R0. BON mD SHAKOPEE, MINNESOTA SSna GIVA04 AS David MOOnBn and Dais KBttar Kom Meagher, Dewm covnxl September 6, 1989 Gary Tupy P.O. Box 118 Prior Lake, MN 55372 To Whom it may concern: According to the 1989 Tax Records in the Scott County Treasurers Office the following persons are listed as the owners of property which lies within 100 feet of the following described property: Lot 9, Spring Brook Park, according to the recorded plat thereof on file and of record in the Office of the County Recorder in and for Scott County, Minnesota. Patricia A.O'Connor L 4044 Roanoke St. SE Prior Lake, MN 55372 �1 L— .,P, AAA Gene P. b Laura Erickson 4056 Roanoke St. BE Prior Lake, MN 55372 Sandra Jane Reimers 4059 Roanoke SE Prior Lake, MN 55372 Thomas 6 Gertrude Sylvester 4031 Roanoke St. BE Prior Lake, MN 55372 Edward J. Simpkins Estate C/O William Simpkins 11140 West River Road Champlin, MN 55316 David E. Noonan SCOTT COUNTY ABSTRACT AND TITLE, INC. DEN: ng K-O MEMBER MINNESOTA LAND TITLE ASSOCIATION AGENT FOR CHICAGO TITLE INSURANCE COMPANY September 11, 1989 Pat Lynch Department of Natural Resources 1200 Warner Road St. Paul, NN 55106 Dear Pat, The enclosed information is in regard to a proposed variance application within the Shoreland District of Prior Lake. The subject site is legally described as: Lot 9 Spring !gook Park. A copy of the variance application and area map indicating the subject site location are enclosed. The applicant wishes to add a attached 24' x 30' two car garage onto the existing home. The addition will require a 5' east side yard variance. Please review and comment on the enclosed information. The hearing for this item has been tentatively set for September, 21 1989, at 7:35 p.m. If you have question4 or comments regarding this matter, contact the Planning Department at 447 -4230. Sincerely, Gary Schmitz Planning Department GS:rms Enclosures 4629 Dakota St. SE, Prior lake, Minnesota 55372 / Ph. (612) 4474230 1 Fax (612) 4474245 "VA24PC" PLANNING REPORT SUBJECT: FRONT YARD VARIANCE APPLICANT: DANIEL KLAMM SITE: 4130 140TH ST. N.E. DATE: SEPTEMBER 21, 1989 INTRODUCTION: To consider a 54' 8" front yard variance from County Road 42 for Daniel Klamm. The applicant owns an existing single family home which is located 95.2' feet from the centerline of County Road 42. The proposal is to add a family room, bedroom, garage and six foot roof like entry feature to the home as per attached maps and house plans. BACKGROUND: The subject site is zoned C -1 and is located in the rural service area. The required front yard setback from County Road 42 is 150' feet measured from the centerline of the travelled road. The lot contains approximately ten acres. The existing home was constructed in 1965 under the jurisdiction of Eagle Creek Township. In 1973, part of Eagle Creek Township was annexed to the City of Prior Lake and the subject site was rezoned to C -1 Conservation. The front yard setback requirement for all properties in C -1 Zones in 1973 was 50 feet therefore, the subject site was compliant with setback requirements at the time of annexation. In 1983, the City amended the Zoning Ordinance and the minimum front yard setback for all districts adjacent to County Roads was changed. The 1983 amendment changed the setback for the subject site from 50 feet cc 100 feet. The setback requirement was again amended in 1989 to the current requirement which states that the setback from County Roads in the rural service area is 150 feet measured from the centerline of the existing travelled road. STAFF ANALYSIS: County Road 42 is classified as a Minor Arterial in the Comprehensive Plan and is the only direct east west thoroughfare which traverses the City. County Road 42 is currently a paved two lane highway scheduled to become a four way divided highway at some time in the future. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 I Ph. (612) 4474230 I Fax (612) 4474245 The Klamm home is located 95.2' from the centerline of County Road 42 and is the closest home to the highway in the general area. The additions are proposed for the east, west and north sides of the home. The applicant would also like to construct an entry feature on the south side of the home which would encroach six feet closer to County Road 42 than the existing home. A copy of this application was forwarded to Brad Larson, the Scott County Engineer for review. Comments from Scott County will be presented at the meeting. STAFF RECOMMENDATION: The recommendation from staff is to approve the 54' S" front yard variance as requested. When the house was constructed in 1965 it met the 50' front yard setback requirement. In subsequent years the front yard setback was changed from 50' to 150' feet which caused the structure to become nonconforming. The hardship is caused by the Ordinance and is not the result of actions of the property owner. The variance observes the spirit of the ordinance, produces substantial justice to the property owner and would not be contrary to the public interest. 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, SEPTEMBER 21, 1989 PURPOSE OF HEARING at 7:45 P.M. To consider a 54 front yard variance application for Daniel Klamm. SUBJECT SITE LOCATION REQUESTED ACTION 4130 - 140th Street Prior Lake, MN 55372 The applicant proposed to add a family room, master bedroom, and garage to the existing single family home. The required front yard setback is 150' measured from the centerline of County Road 42. The applicant will require a 54.8" front yard variance in order to build the addition 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 (SEPTEMBER 18, 1989) 4629 Dakota St. S.E.. Prior Lake Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 PIDt Type of Ownership: F Consultant /Contractor —Hone Phone: 40 - 76s Z work Phone: ,r ,7o - 4fSXF' & me Phone: _Work Phone: Purchase Agreement Existing Use n of Property: ,Cf5 ,ilf,✓;'; P resent Proposed Use of Property: S A ✓/ £ Legal Description � of Variance Site: ��� y �joe�✓ac� Variance Requested: 160 =e A&a/, ( , 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 �No What was requested: When: D isposition: Describe the type of improvements proposed: ,Devi fio ✓ T c'dsioz ✓c SUBMISSION RBOEYIREMEM: (A)Cmpleted 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)Crmplete legal description i Property Identification Number (YID). (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 PLANNING COMIISSION. 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 take Todrig Ordinance which specifies requirements for variance procedures. I agree to ide information and follow the procedures as outlined in the Ordinance. % _ Submitted this i�ay of �44/' 9'f Fee Owners Signaturd�-' THIS SPACE IS TO BE FILLED OUT BY THE PLANNIIQ DIRECTOR PLANNING COETIISSION _ APPROVED _ DENIED DATE OF BEARING CITY COUNCIL APPEAL _ APPROVED _ DENIED DATE OF BEARING CONDITIONS• Signature of the Planning Director Zoning: ► 9• • • I Y 6. iG' ` ..ra Date imr I GYM >L sf f�/Sa iYO r�'r/, N•E� f' <,..0 (iuc Nr. ,oy C4i.>L I II Aoo /� J ✓ T I C E nYCRO1WIM11YE .a i 1 .;7 1 a! I r j d •� e • F rs f'..`.y ��s�tlg u� a�'w r . s a s ' -:jF.. •. �-'� ^� `�•ny+;. y .•; ": F a f�� z f, +`ff� +q < Y y r /. '.. : +r .. X. •t om.. h - I CI TRUSS OESIGNS TO BEFORE SOBmIT FRAMING INSKCTION TY / _ WNIRIEERpSBNSFWEROLAABB SILTAINUMMOWAMMSMTOR KwwwmmwtqffL"wwm AND TUrf UTABUDWW ARE CDMPLETL n . CLUNSTREEFDWO ANY MATERIAL TRACKED OM 11 FROM THIS SITE, NOOMNsmawAams- =-Wff+ED#j-WAMLJ* AN1111W EASEMEKIL I= AL C CM ALL"7-OW BEf WEEK .. . Im.9MAALAND PRIOR LAKE- SPRING LAKE WATERSHED DISTRICT Regular Monthly Meeting at g P Scott -Rice Telephone Company ra August 8, 1989 Members Present: Marvin Oldenburg, Andrew Franklin, James Laabs, Ron Kroyer and Robert Adams Staff Present: Don Benson,.Bryce Huemoeller and Kevin Larson Others: Jim Space, Terry Hanson and Mike Mahoney The meeting was called to order by President Marvin Oldenburg at 7:39 P.M. Minutes After review and upon motion of Laabs, second of Kroyer, the minut July 11 general meeting were unanimously accepted. Financial Report - Benson reviewed the financial report for the Board's informMBM A eft (it scussion a motion was made by Franklin, seconded by Laabs, to accept the financial report and authorize Benson to pay the bills noted thereon. Unanimous. Permit A lications - (a) Ted Jepson /Excavating - Inlet from Spring Lake/ purpose of this application is for dredging approximately 2,100 cubic yards of material from Upper Prior Lake for navigational access. After discussion action on this permit was tabled until the next meeting to review the application and inspect the area. The District Engineer was directed to draft specifications identifying unique reasons for approving permit for this particular site, including the siltation resulting from the extreme channel flows during the 1 83, 1 84, 1 85 and 1 86 heavy precipitation period. Following these discussions, a motion was made by Adams, seconded by Kroyer, asking the applicant to submit further information on the following: 1) Statement or evidence from the applicants to establish whether this project is restoration of an existing channel or alteration of the natural lake bottom to provide access during the current low lake level. 2) Revised cross section of project site showing proposed bottom elevation. 3) Identification of spoil disposal site. 4) Review and approval by the DNR. Unanimously approved. (b) Norb Traxler /Clean Out Channel From Buck lake / #89 -10. The purpose of this permit is for cleaning out an existing drainage ditch and for construction of a small sedimentation basin in the outlet channel from Buck Lake. After discussion a motion was made by Laabs, seconded by Adams, to approve subject to review and approval by D.N.R. Unanimous. (c) Scott County Highway Department /City of Prior Lake, Sections 33 and 34087 -13. The purpose of this permit is for reconstruction and realignment of CR 83 between CSAH 17 and CSAH 21, including grading and aggregate surfacing. After discussion the permit was tabled until additional information regarding the apparent stockpiling along CSAH 21 is received. (d) Scott County Highway Department /City of Prior Lake, Sec. 21A/ #89 -04. The purpose of this permit is to reconstruct, realign and hard - surface CSAH 12 from Main Avenue to 2,500 feet east of Franklin Trail . After discussion a motion was made by Adams, seconded by Laabs, granting Permit #87 -04. Unanimous. Causeway Removal 89 -1 - Jim Space was present to explain his position on ownerMp o a an an at he has a Deed to the property. He claimed the land was very valuable and that he had offered it to the City of Prior Lake for $100,000. He also claimed that the peninsula is not artificial land and compared it on the large aerial photo to the Island View peninsula and the Watersedge Trail peninsula and that he had a map that showed it as such before the railroad was constructed. He asked to be kept informed of future correspondence in this matter. The Board requested that he submit information to the Board regarding his concerns. Adams and Benson attended the August 7th City Council meeting at which the city passed the following motion: "Motion by Fitzgerald, seconded by Larson to support the Watershed District's efforts to evaluate the legal and physical impact of clearing the causeway between upper and lower Prior Lake." Motion carried. The D.N.R. responded to the District's letter including the following statement. "The Department shares your view that this removal would be a desireable goal." Pump Project 77 -5 - Benson reported that he, Oldenburg, Franklin, Adams and Bates me o n TuTy 11�Tth DNR in their St. Paul office to discuss the turning on of the pump. Information was to be sent to the District regarding ground water data. Benson reported that the permit for turning on the pump would not be approved according to a telephone conversation with Pat Lynch and that a letter would be sent to that effect. Outlet Maintenance - Huemoeller reported on progress of easement acquisition as fo ows: - ra has hired a lawyer to review the agreement; (b) Mr. and Mrs. Lucast had both discussed the issue with Huemoeller and appeared willing to sign; (c) staff and managers had met with Hanson and discussed his needs. Huemoeller indicated that he had been unsuccessful in setting up a meeting with Shakopee to discuss the project, but will continued trying to make contact with them. SCS Funding - Laabs reported that he had not yet met with Pascal but that Pasca seeme willing to meet with him to review the design of Schedule "B" by the S.C.S. and make the recommendations needed. Outlet Landscaping - The Board reviewed an extensive proposal submitted by Morlockor an scag the outlet area. After discussion a motion was made by Adams, seconded by Franklin, directing Huemoeller to draft an agreement offering Morlock $4,500 maximum as full and final settlement following approval by the District Engineer of the architectural details around the outlet structure ensuring no obstruction of outlet operation. Unanimous. Lake Tour - Benson reported that Pat Lynch, newly appointed DNR hydrologist for eg on , had been taken on a pontoon tour of the lake along with Oldenburg and Franklin. Most of the lakeshore was observed and several permitted projects noted. Other - (a) Spring Lake Water Flow. Benson reported that Spring Lake had stoppeMowing July 26. (b) Kneafsey's Cove /k79 -7. Benson reported that representatives of Kneafsey's Cove had requested that the District pay for soil borings of the lake bed for further dredging considerations. The Board agreed that the Kneafsey's Cove Fund was available for such an expense and that it was appropriate that an association approved bill be submitted to the Board for payment. The Kneafsey Fund has a balance of $2,362.30 at this time. There being no further business and upon motion of Franklin, second of Laabs, the meeting was adjourned at 10:05 P.M. Sams as s, re ary Attest to: I 'VA� - -ov, ary n 010enDUrg, res en SCOTT COUNTY HIGHWAY DEPARTMENT 800 COUNTRY TRAIL EAST JORDAN, MN 553524339 (812)4988346 BRADLEY J. LARSON Highway Engineer DANIEL M. JOSE Aeet. Highway Engineer DON D. PAULSON Ant. Highway Engineer September 20, 1989 Mr. Horst Grainer Planning Director City of Prior Lake 4629 Dakota Street BE Prior Lake, MH 55372 Re: Variance Application 4130 140tb St. (CSAN 42) Daniel Rlamm Mr. Grainer: we have reviewed the Variance Request at the above referenced site from the required 150' roadway setback to 95' 4" and offer the following comments: As noted, this is an addition to an existing structure and not a new separate building. CSAH 42 presently curves to the south of this property to provide the present 95' 4" (per application) setback. CSAH 42 is proposed to be upgraded in the 5 -10 year future to a 4 -lane divided highway as continued growth will require. Based on the above comments, we have no objection to granting the requested variance given that the applicant acknowledge awareness of the future upgrading of CSAH 42 and possible impact to the property. Thank you for the opportunity to comment on this request. if you have any questions or would like any further information, please contact this office. Sincerely, red ley J. n, P V County High ngineer BJL /kmg Enc. An Equal Opportunity EnW*w NOTICE OF PRIOR LAKE PLANNING COMMISSION SPECIAL MEETING You are hereby notified that the Prior Lake Planning Commission will hold a special meeting in the Prior Lake Community Room at 4629 Dakota Street S.E. on Thursday, September 28, 1989 at 6:30 p.m. C The purpose of the meeting is to discuss meeting procedures and proposed By -Laws of the Planning Commission. 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 P�r�i�oQr La keyPlla�nning Department at 447 -4230. Deb Garross Assistant City Planner To be published in the Prior Lake American Monday September 25, 1989. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 NOTICE OF PRIOR LAKE PLANNING COMMISSION SPECIAL MEETING The Prior Lake Planning Commission will hold a special meeting to discuss meeting procedures and proposed By -Laws. PUBLIC MEETING INFORMATION: When: Thursday, September 28, 1989 Time: 6:30 P.M. Where: Community Room Prior Lake City Hall First Floor Who will be notified: Prior Lake American How to participate: You may attend the meeting and offer comments. To register in advance to speak, please call Rita Schewe at 447 -4230. You may send a letter with comments to The Prior Lake Planning Department or City Manager David J. Unmacht City Hall 4629 Dakota Street Prior Lake, MN 55372 Any questions: City Manager David J. Unmacht: 447 -4230