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HomeMy WebLinkAbout88-DECEMBERb eC,et''vt3e.R CITY OF PRIOR LAKE PLANNING COMMISSION AGENDA DECEMBER 1, 1988 7:30 P.M. CALL TO ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING 7:35 P.M. HEARING VARIANCE RENEE & ARIA RHOADS (912) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 CITY OF PRIOR LAKE PLANNING COMMISSION MINUTES NOVEMBER 17, 1988 The November 17, 1988, Prior Lake Planning Commission meeting was called to order at 7:30 P.M. by Chairman Wells. Present were Commissioners Arnold, Kedrowski, Loftus, Roseth, City Planner Graser, and Assistant City Planner Garross. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY KEDROWSKI, SECONDED BY LAFTUS, TO APPROVE THE OCTOBER 20, 1988, PRIOR LAKE PLANNING COMMISSION MINUTES AS PRESENTED. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. mented that the addition is a mud room and the to follow the site line along the side of the Assistant City Planner Garross commented per memo dated November 17, 1988. The Planning Commissioners discussed the request with regard to site line, lot line, coverage ratio, and aesthetics of the addition. MOTION BY ROSETH TO APPROVE A 2.5 FOOT SOUTH SIDE YARD VARIANCE FOR 16072 EAGLE CREEK AVENUE SINCE IT IS CONSISTENT WITH PREVIOUS ACTIONS OF THE COMMISSION, THE HOUSE LINES WILL PARALLEL THE PROPERTY LINE WHEN EXTENDING THE EXISTING HOUSE LINES, IT IS A SUBSTANDARD LOT, AND IT IS NOT CONTRARY TO THE GENERAL HEALTH AND WELFARE OF THE COMMUNITY, SECONDED BY ARNOLD. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 PLANNING COMMISSION MINUTES NOVEMBER 17, 1988 At this time City Manager, David J. Unmacht addressed the Planning Commission with regard to a concept plan the Savage Planning Commission received for a 9 hole executive gold curse, a learning center and a Super America located at the NW corner of Highway 13 and County Road 42 intersection. The plan was approved by the Savage Commission contingent upon utilities provided by Prior Lake. The Commissioners felt that there were too many questions concerning the concept to approve it at this time. Questions such as who will pay for utilities, how will this affect the PDQ store on the NW corner of Highway 13 & County Road 42, what type of revenue will this generate for Prior Lake, and what are the long range plans for the site need to be reviewed and answered. MOTION BY ARNOLD, SECONDED BY KEDROWSKI, TG ADJOURN THE NOVEMBER 17, 1988, PRIOR LAKE PLANNING COMMISSION MEETING. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth Wells; the motion passed unanimously. The meeting adjourned at 8:15 P.M. HORST GRASER DIRECTOR OF PLANNING ANGELA JASPERS RECORDING SECRETARY CITY OF PRIOR LAKE ARIA) S RENEE RHODES - VARIANCE DECEMBER 1, 1988 SUBJECT: The applicants have proposed to to build a 36x40 foot seasonal dwelling on Reeds Island in Prior Lake. The following Lakeshore variances are required: _ 1. 56 ft. to the NE cabin to the 904 ._ 2. 52 ft. to the NW cabin to the 904 - 3. 63 ft. to the SW cabin to the 904 4. 30 ft. to the SE cabin to the 904 corner of the proposed contour line. corner of the proposed contour line. corner of the proposed contour line. corner of the proposed contour line. STAFF ANALYSIS• This i e�came before the Planning Commission on July 7, 1988 under the applicant of Reeds Island Inc. The current applicant has a purchase agreement with Reeds Island Inc. to buy the island with a 36x40 ft. seasonal cabin to be constructed by the seller. The current proposal is virtually identical to the one that came before the Planning Commission in July of 1988. The Commission voted unanimously to approve the variance with the following conditions. 1. FLOODPLAIN ORDINANCE ELEVATION AND FILL REQUIREMENTS BE STATISFIED. 2. WASTE WATER SITUATION PERTAINING TO THE PROPOSED KITCHEN BE ADDRESSED TO THE SATISFICATION OF STAFF. 3. THE APPLICANT REDESIGN THE LOCATION OF THE PROPOSED DECKS IN A MANNER WHICH MINIMIZES THE AMOUNT OF VARIANCE REQUIRED. 4. EROSION CONTROL MEASURES BE IMPLEMENTED IMMEDIATELY UPON REMOVAL OF ANY VEGETATION OR GROUND COVER AND NATURAL VEGETATION BE RESTORED IMMEDIATELY UPON COMPLETION OF (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 Subsequent to the Planning commission action on the variance the City Council felt that issues relative to the variance warranted further review and study. These issues included corporate ownership vs single family ownership; land use; whether a seasonal cabin is a single family dwelling and on site development constraints. Because these issues were unsatisfactorly resolved the variance was denied for the following reasons: 1. Applicant's have failed to meet the four tests required under the ordinance for a variance. Different structure may be possible to be built on the island which would comply with the ordinance without the need for lot variances. 3. The structure as submitted to Council is not a seasonal dwelling as compared to previous structures approved in the community of Prior Lake. The structure does not comply with the Uniform Building Code which specifies that either a bathtub or shower be included in the bathroom to be classified as a dwelling. 4. The characteristics of this island make it unique and long term aspects of the property should be considered. 5. Ability of City to provide City services, including utility service to be addressed by the Planning Commission before any structure is constructed. The current proposal by Mr. & Mrs. Rhodes includes the identical site plan as Reeds Island Inc. with the only exception a deleted 10x24 deck on the northwest wall of the cabin. All other setbacks are identical. The interior of the purposed 1440 sq. foot structure is altered to include a full bath and bedroom in addition to a kitchen and family room. Although the disposal of waste water is not mentioned in this application. The applicant desires to have a site leaching system. The setback for such a system is 75 feet from the 904 contour line. In this case it will also require a variance from the Planning Commission. A system has been designed and approved by the DNR for the island. The same waste treatment system has been submitted to Prior Lake Staff but has not been reviewed with respect to the proposed occupancy of the cabin. STAFF RECOMMENDATION This application appears to continue circumstances which are different than the application of Reeds Island Inc. However the applicant has for whatever reason chosen not to differentiate between his variance and that of Reeds Island. The applicant should specifically address the five conditions outlined as part of the motion denying Reeds Island Inc. variance with respect to the his variance request. Since the two variances are very similar the Council's conditions for construction on the island must be dealt with. The item should be tabled until the until the applicant is prepared to provide this comparative analysis. Fr �, :. .......... CITY OF PRIOR LAKE PLANNING COMMISSION AGENDA DECEMBER 15, 1988 7:30 P.M. CALL TO ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING 7:35 P.M. HEARING LAKESHORE VARIANCE ARLO RHOADS 7:40 P.M. HEARING LAKESHORE VARIANCE ARIA RHOADS (812) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 CITY OF PRIOR LAKE PLANNING COMMISSION MINUTES DECEMBER 1, 1988 The December 1, 1988, Prior Lake Planning Commission meeting was called to order at 7:30 P.M. by Chairman Wells. Present were Commissioners Arnold, Kedrowski, Loftus, Roseth, City Planner Graser, and Assistant City Planner Garross. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY ARNOLD, SECONDED BY KEDROWSKI, TO APPROVE THE NOVEMBER 17, 1988, PRIOR LAKE PLANNING COMMISSION MINUTES AS PRESENTED. Vote taken signified ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. ITEM II LAKESHORE VARIANCE FOR ARIA & RENEE RHOADS Proposal o build 36x40' seasonal dwelling on Reed's Island Prior Lake. Request lakeshore variances. Renee Rhoads, 13429 South Robert Trail, Rosemount, MN, indicated that she and her husband would like to build a second home on Reed's Island and are requesting variances for the structure as follows: 1. 56 ft. to the NE corner of the proposed cabin to the 904 contour line. 2. 52 ft. to the NW corner of the proposed cabin to the 904 contour line. 3. 63 ft. to the SW corner of the proposed cabin to the 904 contour line. 4. 30 ft. to the SE corner of the proposed cabin to the 904 contour line. Mr. Horst Graser, City Planner, reviewed the variances on a map of the proposed building site. A similar application came before the Planning Commission June and July 7th for Reeds's Island which was approved. The City Council denied the variance at a subsequent hearing appeal. Mr. Graser reported that the variance (612) 447 -4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 Prior Lake Planning Commission December 1,1988 Page 2 was denied over issues of corporate ownership, land use, health and welfare issues which were brought out during the Council's discussion. Mr. Graser had two recommendations for the Commission regarding the Rhoads variance. 1) One is to continue the variance, to allow the applicant time to show the difference from the similar application presented to the Council earlier this year. The applicant should address each issue that the Council outlined in their motion denying the variance. 2) The Commission could consider the application as a new application and differentiate between this and the previous one by Reed's Island Inc. Comments from the floor were made by: George Koblas, 5201 Frost Point Circle Bruce Peters, 5004 Condon's St. S.E. Edward Doebel, 15365 Breezy Point Road Tom Watkins, 5242 Frost Point Circle S.E. Rod Stankovich, 5512 Candy Cove Trail John Roberts, 187 Edgewater Circle - phone call The following comments were registered at the hearing: - Applicant should put in writing how he would overcome objections from City Council. - Comprehensive Plan Amendment re: lakeshore. - That development remain single family, not become commercial - Number and length of docks be specified. - Information made part of this issue, use of property which is unique. - Concern that the waterway or channel could be constricted due to dock location. - Variance requested is too excessive and should not be approved. Questions raised by the Planning Commission were on waste water, wells, does Planning Commission have authority to restrict placement of docks, and general questions regarding the proposed septic system. Larry Gensmer reported that he felt the application materials were adequate. He had thought all items were in complaince. Discussion followed by the Commissioners on the variance. General consenus was that this item be tabled in order to allow the applicant to address the issues brought out by the Council and allow the City Council to review the application. Placement of docks is important also. Written documentation to address Prior Lake Planning Commission December 1, 1988 Page 3 issues such as septic system variance, dock location, access to the island and parking should be considered at this time. The island is a unique piece of property, therefore, the four variance tests should be addressed by the applicant. 1. Literal enforcement of the ordinance would result in undue hardship with respect to the property. 2. Such unnecessary hardship results because of circumstances unique to the property. 3. The hardship is caused by provisions of the ordinance and is not the result of actions of persons presently having an interest in the property. 4. The variance observes the spirit and intent of this ordinance produces substantial justice and is not contrary to the public interest. Mr. Graser stated that the Planning Commission be specific in stating what they will require of the applicant. MOTION BY ROSETH TO CONTINUE TO DECEMBER 15, 1988 AT 9:00 P.M. SO THAT THE FOLLOWING ITEMS CAN BE ADDRESSED: #1 - FLOOD PLAIN ORDINANCE ELEVATION REQUIREMENTS BE SATISFIED AND DOCUMENTATION BE PROVIDED. #2 - DOCUMENTATION AND INFORMATION ABOUT THE Wr,STE WATER SITUATION BE SUBMITTED. #3 - EROSION CONTROL N BE IMPLEMENTED. #4.- APPLICANT ADDRESJ THE FOUR TESTS REQUIRED UNDER THE ORDINANCE FOR VARIANCE. #5.- THAT STRUCTURAL PLANS BE PROVIDED. #6.- LOCATION OF DOCKS BE PROVIDED. #7.- PLANS FOR OFF PROPERTY PARKING SITE ON THE MAINLAND BE PREPARED AS REQUIRED BY RESOLUTION 78 -22. #8.- DOCUMENTATION OF THE DISTANCE FROM THE ISLAND TO THE MAINLAND. #9 - STATEMENT STATING THE ABILITY OF THE CITY TO PROVIDE CITY SERVICES TO THE ISLAND. MOTION SECONDED BY LOFTUS. Vote taken on motion yes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion c,i.'.ed. Comment from the floor by Mr. Watkins was to clarify his position on the Reeds Island. Mr. Watkins stated previous Council review appeal of the Planning Commission on Reed's island. MOTION TO ADJOURN THE DECEMBER 1, 1988 PLANNING COMMISSION MEETING BY CHUCK ARNOLD, SECONDED BY KEDROWSKI. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. The meeting adjourned at 8:45 P.M. Horst Graser Director of Planning Rita Schewe Recording Secretary * Tape of Planning Commission meeting on file at City Hall.