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HomeMy WebLinkAbout88-APRILC PRI � CITY OF PRIOR LAKE PLANNIM m17MMISSICN MINVISS APRLL 7, 1988 The April 7, 1988, Prior Lake Planning C<mnission meeting was called to order at 7:30 P.M. by Chairman Roseth. Present were Commissioners Arnold, Kedrowski, Loftus, Assistant City Planner Garross, wells arrivesd at 7:43 P.M. Y4JV ; WJ. vuli i5w •, r; +./ 5. yIAJ, y, Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, RDsethi the motion passed unanimously. At this time a 3 minute recess was called. The meeting resumed at 7 :35 P.M. ITEM II - VARIANCE REQUEST BY EDMUND AND BARBARA LAM Edmund Larka commented on the lot which they purchased in February without the knowledge of the lakeshore setback requirements from a natural environment lake in a A-1 Agricultural zoned district. The lot was checked thoroughly for a suitable site but unfortunately there is only one which will need a variance for a hams to be built. This site would have the least amount of disturbance to natural features. Steve Veit, President of Architectural Tradesmen, commented that the 200 foot setback from Howard take would be impossible due to the septic and well locations which can only be located in one area. Also the water table is very high on this lot. Deb Garross, Assistant City Planner, commented per memo dated April 7, 1986, but stated that a different recommendation would be given. Due to the setbacks for the house, septic and well systems, driveway easement, zoning, County Road 81 to the north, and topography of the lot, the applicant would be unable to meet the 200 foot setback. Therefore a 50i setback could be given in this case. At this time audience input was given. Barb Larks commented that to move the house back 6 feet would jeopardize 2 large trees. (612) 4474230 4829 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 The Planning Om missioners felt there is a definite hardship here but would only feel comfortable with a 508 rule on a variance. The applicant's requested a 5 minute meeting before continuing with the request. Tom Kedrowski presented the Commissioners with an item for discussion regarding working relationship with bordering Cities on bordering developments. MOTION BY KEDRORSKI, SEOOMED BY ARNOLD, TO REOMEMD THAT CITY STAFF LOOK INTO MEETING AND HAVING FORMAL TALKS WITH BORDERING CITIES 5003 AS, SOOPT OOONTY, SHAKOPEE, SAVAGE REGARDING DEVELOPMENT AND MAINTENANCE OF BORDERING PROPERTY ALONG INTERSECTING ROAUWAYS. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, RDseth, Wells; the motion passed unanimously. At this time Edmund and Barbara Larka returned with a request for a 100 foot Lakeshore variance for Lot 1, Block 1, Howard Lake Estates. NOTION BY KEDROWSCI, SEOONDED BY WELLS, TO GRAM UP TO A 100 FOOT IAKESHORE VARIANCE FROM HOWARD LAKE FOR LOT 1, BLOCK 1 HOWARD LAKE ESTATES UPON THE FOLLOWING STIPULATIONS: 1. BOIL EROSION CONTROL MEASURES BE TAKEN 2. MEASURES TAKEN TO PROTECT AGAINST TREE LASS 3. TEMPORARY GRW D CUM INSTRU ED WITHIN A REASONABLE PERIOD OF TIME BASED ON STAFF RECOMMENDATION, PRECEDENTS SET AND TOPOGRAPHIC CONSIDERATIONS. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. MOTION BY ARNOLD, SECONDED BY KEDROWS(I, TO AWOURN THE APRIL 7, 1988, PRIM LAKE PLANNING COMMISSION MEETING. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Ibseth, Wells; the motion passed unanimously. The meeting adjourned at 9:05 P.M. r, ,• iH'11 iY'V ' CITY OF PRIOR LAKE PLANNING COMMISSION MINIR'FS APRIL 21, 1988 The April 21, 1988, Prior Lake Planning Commission meeting was called to order at 7:30 P.M. by Chairman RDseth. Present were Commissioners Arnold, Loftus, City Planner Graser, Assistant City Planner Garross, Kedrowski arrived at 9:45 P.M. Absent was Commissioner Wells. ITEM I - REVIEW MINUTES OF =a= - H== MOTION By AMM, SECONDED BY LOMS, TO APPROVE THE APRIL 7, 1988, PRIOR LAKE PLANNING COMMISSION MINUTES AS PRESENTED. Upon a vote taken, ayes by Arnold, Loftus, Roseth; the motion passed unanimously. ITEM II--- TAMES DLnN /LAKESIDE MARM NON ME11MZN0 USE EXPANSION COMMI neTION Clinton Chamberlain, Marina Planner, stated that this is a simple layout due to the comments of the February 18, 1988, meeting. The comments at the meeting were warranted and they tried to deal with then through eliminating all public use of launching at this site. They are still requesting 99 dock slips, a 30 boat dry dock storage area with a fence around it and feel they have a workable plan. The audience input at this time was concern over traffic, congestion of cars and boats, County RDad 21 widening, dust, screening, security of boat storage area, density, abuse in area, DNR input, maintenance done on boats, gas pump and docks, safety, County Highway input, and zoning of area. At this time Assistant City Planner Garross commented that a phone call was received from Beth Brazier voicing concern over the expansion of the Marina with regard to additional congestion and safety hazards resulting from the expansion. City Planner Grazer commented per memo dated April 21, 1988. Also stating that due to the late date in receiving the material from the applicant, the County Highway Department, County Sheriff's Department and the = were unable to review and comment by the meeting date. Therefore, the application could either be denied or continued. (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 MINUTES OF 241E PRIOR LAKE PLANNING Q06AIISSION APRIL 21, 1988 City Manager Unnacht commented that the concern was not over the quality but quantity requested regarding the Marina. The new application had changed 4 item; and perhaps the Commission could give specific items they want from the applicant. The Planning Ccumissioners discussed the request and felt the concerns of all should be considered by the applicant. MOTION BY ARNOLD, SECONDED BY LOFIUS, TO CONTINUE THE LAKESIDE MARINA NON CONFORMING USE EXPANSION BY JAMES DUNN TO MAY 19, 1988, 8:00 P.M. TO ALLOW THE APPLICANT TO ADDRESS THE CONCERNS LISTED BELOW. ALSO A SPECIAL REDDEST TO STAFF TO NOTIFY ALL PROPERTY OWNERS MAIN, THE PROPERTY OWNERS ALONG EAGLE CREEK AVENUE BE NOTIFIED AND A NOTICE IN THE PAPER. 1. CERTIFIED SURVEY 2. EAW (ENVIRNMENTAL ASSESSMENT WORKSHEET - 0=1 M V OF CITY) 3. DNR REVIVA AND COMMW 4. SCOTT COUNTY SHERIFF REVIEW AND COMMENT (REVIEW LOCATION OF CHANNEL) 5. SURVEY MUST SHOW AND INCLUDE LEGAL DESCRIPTION OF THE LEGAL NON CONFORMING SITE 6. COUNTY ENGINEER INPUT AS TO FUTURE COUNTY ROAD 21 NEEDS 7. IF BOATS ARE STORED THEN HOW SECURED B. DEFINE STORAGE AND SERVICE AREA FOR MARINA 9. LAND USE JUSTIFICATION FOR ADDITIONAL SLIPS 10. MEMO FROM ANGELA JASPERS GIVEN TO APPLICANT TO ADDRESS DNS Upon vote taken, ayes by Arnold, Loftus, Roseth; the motion passed unanimously. ITEM III - ROD STANKOVICH REQUEST FOR CONDITIONAL USE PERMIT AMENCOM Rod Stankovich, President of Cabooze Cruise Lines, comented that the amembent was for cruise embarkation from McWillies instead of Lakeside Marina, all other stipulations and criteria will stay the same. City Planner Graser comented per memo dated April 21, 1988. Only one residential concern was expressed regarding parking. Assistant City Planner Garross read into the record concerns from Brian and Julie Gibson per their phone conversation of April 21, 1988. The Planning Camnissio:ers discussed the request with regard to parking and contingencies placed on the operation by City Council in April of 1987. MOTION BY LOFIUS, SEWNDED BY ARNOLD, TO APPROVE THE RKX=r TO AMEND MC WILLIES CONDITIONAL USE PERMIT TO PERMIT CABOOZE CRUISE In= TO OPERATE FROM THE SITE FOR A ONE YEAR TERM PROVIDED: .1 HOURS OP OPERATION ARE NOT TO EXTEND PAST 10:00 P.M. DURING THE WEEK AND 10:30 P.M. ON THE WEEKEND. 2. THE NOISE FACTOR BE CUNT%LL® BOTH ON AND OFF SHORE. 3. THE APPLICANT HAVE ALL APPLICABLE LICENSES CURRENT AND AVAILABLE FOR INSPECTION. 4. THE CRESS NOT CONSUME ALCOHOL DURING HOURS OF OPERATION OR OPERATE WHILE INTOXICAT®. MINWES OF THE PRIOR LAKE PLANNING COMMISSION APRIL, 21, 1988 5. APPLICANT DEVELOP POLICIES OF CONDUCT AND PROCURES FOR HIS CUSIC ERS TO BE SENSITIVE TO PROPERTY OWNERS. Upon a vote taken, ayes by Arnold, Loftus, Roseth; the motion passed unanimously. ITEM IV - MDITIONAL. USE PERMIT REQUEST BY JAN BRIX II S Jan Brixius stated that they bought the property at 16559 Dunkirk Avenue SW in 1972, 16 years ago about the same time the Spring Lake annexation occurred. At that time they had received permission from the governing body but are unable to find any records or people who granted the permission. The duplex structure has been well kept up and in 16 years there hasn't been any complaints until now. Ms. Brixius presented a written statement from 4 area residents who have no problem regarding the duplex. City Planner Graser commented per memo dated April 21, 1988. Bonnie McWilliams, area resident, stated that she has never had any problem with the duplex living situation. The Planning Cammissioners felt empathy for the applicant, however, the ordinance must be adhered to otherwise a dangerous precedent would result if they granted the request. MOTION BY ARNOLD, SECOMM BY LOFIUS, TO DENY THE APPLICATION FOR A CONDITIONAL USE PERMIT FOR 16559 DUNKIRK AVENUE SW TO PERMIT A TWO FAMILY DWBUING IN AN R-1 DISTRICT, SINCE IT IS NOT CONSISTENT WITH THE OQMPREBENSIVE PLAN OF PRIOR LAKE. Commissioner Loftus would like the record to reflect that he felt the applicant has sufficient hardship in that the length of ownership under one person was 16 years, the governing body was different in 1972 and annexation took place that year. Mr. Loftus would like the City to take this into consideration. At this time Assistant City Planner Garross stated that a phone call was received fran Brian and Julie Gibson in opposition to the duplex for the reason that if one is allowed, it will be virtually impossible to stop more duplex situations within the single family neighborhood. Upon a vote taken, ayes by Arnold, Loftus, RDseth, one absention; the motion passed. Chairman Roseth requested that all residents be notified before the City Council hearing on this item. At this time a 2 minute recess was called. The meeting resumed at 9:55 P.M. ITEM V - VARIANCE REQUEST BY ROBERT DIETRICH Mr. Dietrich, contractor, for Laurie and Roger Breisch, 14330 Rutgers Street N.E., stated that he was contracted to build a double garage on an existing hone. The Building Perna: was obtained but the discrepancy was not found until later after the construction had started when the Building Inspector came out to inspect the project and found the measurements off by 4 feet. This was due to the alignment of the house on an irregular shaped lot and the original survey was off several feet. Therefore a new survey was done and the correct lot alignment to the proposed garage needs a 4 foot variance. 3 EDNUrES OF 141E PRIOR LAKE PLANNING 00[MIISSION APRIL 21, 1988 Assistant City 'Planer Garross camented per memo dated April 21, 1988. The Planning Commissioners discussed the item. MOTION BY KEDRCWSKI, SECONDED BY LOFTUS, TO APPRWE A 4 FOOT WEST SIDE YARD VARIAN(£ FOR 14330 RUTGERS STREET, SINCE IT IS A OONrnXVWION OF THE EXISTING LINE AND IS OONSISTENT WITH PREVIOUS GRANTED VARIANCES. upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth; the motion passed unanimously. *The next two hearings were called simultaneously due to the lateness of the hour. ITRn VI - SHOREI.AED VARIANCE REQUEST BY_KENNET1 HEDBERG ITEM VII LAKESHORE VARIANCE REQUEST BY KENNETH HEDBERG The applicant Kenneth Hedberg commented that the lots are consistent with several 50 foot lots in the neighborhood. There is an older structure on the lots which needs repair, therefore, it will be tom dawn and a house and garage will be built. He would like to combine Lots 4, 5, and 6 except the North 8 feet of Lot 6, Red Oaks Addition and then split then into two parcels to make two 71 foot lots instead of two 50 foot lots and a 42 foot lot. He is requesting a variance from item a of the Subdivision Ordinance Section 6 -1 -3 Administrative Plat and Zoning Ordinance 9.3B. for separate ownership so he may proceed with the lot split. Also he is requesting a 17 foot lakeshore variance to build the proposed house and is consistent with a line drawn between existing neighboring hones. Assistant City Planner Garross commented per memo dated April 21, 1988. Ms. Garross stated that the Commissioners are required to give recommendation to the City Council regarding this lot split. Also she stated that the DNR letter received today was a surprise since Mike Mueller had previously responded favorably to the lot split. Mr. Clarence Fisbbach, 15348 Red Oaks Road, crnmented that the ordinance calls for specific setbacks and that the rules should be abided by, therefore, the request should be denied. Dave Ummlacht, City Manager, stated that the Shoreland Ordinance and Subdivision Hegulations are new documents and need to be worked with, however, there is no other alternative at present but thoroug the variance procedure to alter any intent. The Planning Crnmnissioners discussed the request for a lot split and variances by Kenneth Hedberg and felt very favorable towards the increased lot sizes. However, they felt the substandard lot section of the Zoning Ordinance needs to be worked with to clearly define the intent. MINUTES OF THE PRIOR LAKE PLANNING OO*=ION APRIL 21, 1988 NOTION BY LOFTUS, SECONDED BY AFMM, TO RECOMEND TO THE CITY COUNCIL APPROVAL OF A LOT SPLIT AND APPROVE: A VARIANCE FROM MINIMUM LOT SIZE RBDUIREMEHT OF 15,000 SQUARE FEET, A VARIANCE FROM ZONING ORDINANCE SECTION 9.31Be RBDUIRING SEPARATE OWNERSHIP OF SUBSTANDARD LOTS FOR LOTS 4, 5 AND PART OF 6, RED OAKS. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth; the motion passed unanimously. MOTION BY KPDROWSCI, SECONDED BY LOFTUS, RECOMMENDING THAT THE CITY COUNCIL REVIEW AND RESOLVE WHATEVER MAUECU CIFS OF THE SUBSTANDARD LOT SECTION OF THE SHORELAND REGULATIONS TO CLARIFY THE INTENT OF THE SECTION. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth; the motion passed unanimously. MOTION BY AHNCL.D, SBCDNDED BY LOFIUS, TO CLOSE THE PUBLIC HEARING FOR LOT SPLIT FOR LOTS 4, 5, AND PART OF LOT 6, RED OAKS Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth; the motion passed unanimously. 'The tape of this public hearing will be kept on file in the office of the City Planner as official record. MOTION BY AMD, SEaWED BY KEDRCKMI, TO APPROVE A 5 FOOT FRONT YARD AND 12 Poor LAKESEEM VARIANCE FOR PARCEL, A SINCE IT IS CONSISTEM WITH PREVIOUS VARIANCES GRANTED BUT CONTINGENT UPON CITY COUNCIL APPROVAL OF THE I,CT SPLIT FOR TOTS 4, 5 AND PART OU LOT 6, RED OAM. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, RDSeth; the motion passed unanimously. At this time Horst Graser, Planning Director, stepped dam from the Commission and joined the audience. ITEM VII - VARIANCE REQUEST BY BCHt4T AND JAN GRASER Jan Graser commented that due to the triangular shape of Lot 10, Block 1, Island View 2nd Addition, it would be a hardship without the variances to build a normal size home. This request is consistent with other homes in the area. Assistant City Planner Garross commented per memo dated April 21, 1988. Dave Unmacht commented that he concurs with Ms. Garross's write up and the DEER is in favor of the request. The Planning Commissioners discussed the variance request. MOTION BY MOROWSCI, SECONDED BY ARNCLD, TO APPROVE A 5 MOOT FROM YARD AND A 14 FOOT LAKESHORE VARIANCE FOR LOT 10, UIDU 1, ISLAND VIEW 2ND ADDITION SINCE IS IS CONSISTENT WITH PREVIOUS VARIANCES GRAMM AND NOT DE'MIN WTA, TD THE GENERA. HEALTH AND WELFARE OF THE COMMUNITY. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Hoseth; the motion passed unanimously. 5 MINUTES OF THE PRIOR LAKE PLANNING COMMISSION APRIL 21, 1988 At this time Horst Graser returned to the Camdasion. MOTION By LOF US, SEOOI•M By ARNOLD, TO AwOURN THE APRIL 21, 1988, PRIOR LAKE PLANNING COMMISSION MEE1NG. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Ioseth; the motion passed unanimously. The meeting adjourned at 11:25 P.M. ;j