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HomeMy WebLinkAbout88-JULY•� /1 CITY OF PRIOR LAKE PLANNING COMMISSION MINIA'FS JULY 7, 1988 The July 7, 1988, Prior Lake Planning Commission meeting was called to order at 7:35 P.M. by Chairman ROSeth. Present were Commissioners Arnold, Kedrowski, Loftus, Wells, City Planner Graser, and City Attorney Glenn Ressel. MOTION By KEDROWSKI, SEOONDED BY ARNOLD, TO APPROVE THE JUNE 16, 1988, PRIOR LAKE PLANNING COMMISSION M1 PRESENTED. Upon a vote taken, ayes by Arnold, Redrowski, Loftus, Roseth, Wells; the motion passed unanimously. Clint Chamberlain, Marina Consultant and representative, stated that they are requesting 99 boat slips. In return, they will limit public launching to "ice -in" and "ice-out" only, since launching is a sufficient form of revenue, they will need the 99 boat slips. They feel since Mr. Dunn owns a strip of land along County load 21, which is shown on the new survey, they should be able to acquire the 99 boat slips. They feel that the County Road, at this time, should not be a concern here. Also the location of pier C out into the lake has been moved closer to the land and shouldn't be a problem with traffic through the channel. Several requests to the Scott County Sheriff's Department for input were sent with no response (copies of these letters were submitted to the Commission for their records). If the 99 boat slips are approved they will came back with a satisfactory parking plan. City Planner Graser camented per memo's dated February 18, 1988, and July 7, 1988. The major amendment tonight is to City Code 6 -1 -A. Also the new survey submitted reduced the land mass to 1.5 acres, whereas the former survey did not give the land area. William Nevins, Scott County Sheriff, commented that pier C is a potential hazard for traffic congestion since more space is needed for boat flow through the channel. State Statutes state that whoever has jurisdiction on the lake must watch out for hazards and remove anything that will create a problem. They are entirely against pier C. (872) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 PLANNING COMMISSION MINUTES JULY 7, 1988 The audience concerns were in regard to funding safety services by the public, who will enforce security, noise, traffic congestion (water and land), pollution, property encroachment, trespassing, parking problem, channel traffic flow, shore erosion, and who issues the boat slip permits. Mr. Chamberlain stated that eliminating the public launching will reduce traffic, proper signage will eliminate land traffic problems, and marking the channel would be a good idea. The Planning Commissioners discussed this item and had concerns over amending the Zoning Certificate, location of docks, storage, landscaping, EAU report s�;trdtted with camnents, signage, UNR's approval of 99 boat slips, parking overflow, and an accurate survey on file. MOTION BY KEDRA3SKI, SECONDED BY ARNOLD, TO CONTINUE 743E NON CONFORMING USE EXPANSION PUBLIC HEARING FOR JAMES DUNK OF IAKESIDE MARINA TO AUGUST 4, 1988 AT 7:35 P.M. DUE TO: 1. EAW REVIEWED BY STAFF AND COMMENTS ON THE EXACT PROCESS OUTLINED. 2. REDRAFT AMENDMENTS 6 AND 10. 3. PARKING SCHEME IN REGARDS To AMENDMENT 10 ALSO ON SURVEY. 4. LANDSCAPING PLAN PROVIDING ADDITIONAL BUFFER MATERIALS. 5. AMENDMENT 10 RBG&RDI% PLAN FOR PARKING IF THE AREA NORTH OF THE SITE IS USED FOR OVERFIAF3 PARKING. 6. OUTSIDE STOWE AREA DESIGNATED. 7. A TWO (2) WEEK PERIOD FOR REVIEWING THIS ITEM. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. 'The tape of this hearing will be on file in the office of the City Planner. At this time a 3 minute recess was called. The meeting resumed at 9:52 P.M. ITEM II - EUGERE O'KEEFE VARIANCE REQUEST CONTINUATION City Planner Graser commented per memo dated June 16, 1988. The Planning Commissioners had no further comments on this item. MOTION BY AWW, SECONDED BY KEDROWSKI, TO APPROVE A MINIMUM LOT AREA VARIANCE FOR LOT 35, FAIRVIEW BEACH, SINCE THE SITE IS LARGER THAN THE MINIMUM REQUIREMENT ESTABLISHED FOR IAKESHORE LATH AND THE HARDSHIP IN THIS CASE IS NOT THE RESULT OF ACTIONS OF THE PROPERTY OWNER, BUT DUE 10 THE ADOPTION OF SHORELAND MANAGEMENT REGULATIONS AND SINCE THIS VARIANCE WOULD NOT BE DETRIMENTAL TO THE HEALTH, WELFARE OR PROPERTY VALUES OF THE COM Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. OA PLANNING COMMISSION MINUTES JULY 7, 1988 A Bryce Huenoeller, Attorney and representative, stated that the request is for a structure to be built on Reeds Island which meets all the requirements of the zoning Ordinance for a variance. The hardship here is the unique circumstances of the property which has only one buildable site and that site needs a variance. The DNR is not opposed as long as erosion control is enforced and that has been done. The second issue of concern, so it seems, is the informational use of the property. The use will be a private club /association with 5 members who own the island but perhaps sell shares to this association but keep the use on a single family basis. Other factors to the island would be the same as any resident in Prior Lake of an R-1 single family area. City Planner Grazer commented per mesa dated June 16, 1988. Also per DNR memo dated June 10, 1988 and City Attorney Glenn Ressel's memo dated July 1, 1988. Tan Watkins, 5242 Frost Point Circle, stated that the owners of Reeds Island have a right to use their invested property they purchased. He feels that since the owners are up front with the private club use and not just a single family use, the private club use should be addressed at this time in a Conditional Use form as listed in the zoning Ordinance. Dan Milligan, 5206 Frost Point Circle, asked that the people on Frost Point be notified if a Conditional Use Permit is applied for. The Planning Commissioners discussed the lakeshore variance request with regard to number of owners, R-1 single family zoned definition, utility services, fire and police protection, DNR's comments on dockage, and if a Conditional Use Permit is needed before the variance request is given. City Attorney Glenn Kessel, stated that the Commissioners should deal with the application before then which is a variance request for a single family cabin and not anticipate future uses or problems. NOTION BY ARNOLD, SECONDED BY KEDROWSKI, TO APPROVE A 63 FOOT LAKESHORE VARIANCE FOR A SEASONAL CABIN ON REEDS L91MM SINKS THIS IS AN APPLICATION FOR A SINGLE FAMILY DWELLING AND SINCE THIS IS A UNIQUE PIECE OF PROPERTY, SUBJECT TO: 1. FLOCDPLAIN ORDINANCE ELEVATION AND FILL REQUIREMENTS BE SATISFIED. 2. WASTE WATER SITUATION PERTAINING TO THE PROPOSED KITCHEN BE ADDRESSED TO THE SATISFACTION OF STAFF. 3. THE APPLICANT REDESIGN THE LOCATION OF THE PROPOSED D)EM IN A MANNER WHICH MINIMIZES THE AMOUNT OF VARIANCE REQUIRED. 4. EROSION OONTRCL MEASURES BE INPLEMMM IWHED ATELY UPON RERIM OF ANY VBGETATION OR GROUND COVER MID NATURAL VEGETATION BE RESTORBD IEPEDIATELY UPON COMPLETION CF CONSTRUCTION. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. At 10:53 P.M. Commissioner Loftus excused himself due to an early morning commitment. PLANNING COMK SSION MINUTES JULY 7, 1988 ITEM V - DONALD 7pBM,gOM LAKESHORE VARIANCE ILDUEST Donald Johnson stated that the request is for a 15 foot lakeshore and a 2.9 foot north side yard variance for 14966 Pixie Point Circle, Lot 14 First Addition to Eastwood. Mr. Johnson stated that Building Official, Gary Staber inspected the storage shed on April 27, 1988, and said everything was O.R. and wouldn't see Mr. Johnson again until the final inspection. Mr. Johnson also stated that the DNR told him that he could build 50' from the lakeshore. Mr. Johnson stated that Valley Engineering said the survey was difficult to do since the topography on the north side is difficult. However, after 8 days a letter was received stating that Mr. Johnson's Building Permit was revoked due to inaccurate information and deception. Mr. Johnson felt that he was never deceiving anyone since the hot tub was there a year al and the Building Permit had been approved and an inspection was done by the Building Official. The building permit was for a storage shed but no one told Mr. Johnson what the definition of a storage shed was. He felt that the complaint received by staff from an area property owner was invalid since Mr. Schmidt lives some distance from the property and the adjacent property owners have never complained. City Planner Graser commented per memo dated July 7, 1988. Mr. John Coe, owner of Lot 13 First Addition to Eastwood, felt that the north side yard variance would encroach his property line too drastically. He would prefer a 10 foot setback as ordinance calls for. The Planning Commissioners discussed this item and ccmmmented on the application submitted for the variance, the Building Permit application, what is the hardship here, and ignorance is not a hardship. RMON BY KMRaMa, SRO== BY MM M, TO DENY THE 15 FOOT LARESH(M AND 2.9 FOOT NCEM SIDE 17M VARIANCE FOR 14966 PIXIE POINT CIRCLE, SINCE NO HARDSHIP HAS BEEN DEM3NS1'RAM AND THE BUILDING PERMIT HAS BEEN REVOKED. Upon a vote taken, ayes by Arnold, Redrowski, Roseth; nay by Wells; the nation carried. MOTION BY ARNR,D, SBOONDED BY WELLS, TO ADJOURN IRE JULY 7, 1968, PRIOR LAKE PLANNING COMMISSION MEETING. Upon a vote taken, ayes by Arnold, Redrowski, Roseth, Wells; the motion passed unanimously. The meeting adjourned at 11:30 P.M. ice' L'1' 71' CITY OF PRIOR LAKE PLANNING COMISSION MINUTES JULY 21, 1988 The July 21, 1988, Prior Lake Planning Commission meeting was called to order at 7 :35 P.M. by Chairman Roseth. Present were Commissioners Arnold, Kedrowski, Loftus, Wells, City Planner Graser, and Assistant City Planner Garross. ITEM I - REVIEW KRXITES OF PREVIOUS MEETING MOTION BY WELLS, SEOONDED BY ARNOLD, TO APPROVE 'ME JULY 7, 1988, PRIOR LAKE PLANNING, COMMISSION MINUTES AS PRESENTED. Upon a vote taken, ayes by Arnold, Kedrwski, Loftus, Roseth, Wells; the motion passed unanimously. ITEM II - HOME OCCUPATION PERMIT REQUEST BY STEPHEN COLLINS Mr. Collins stated that he is negotiating the sale of his bane at 4500 Colorado Street to the City of Prior Lake due to the Duluth Avenue extension and buying another hone at 5138 Credit River Road. He acquired a Home Occupation Permit granted by the City Council six years ago to operate a photography studio out of his hone at 4500 Colorado Street. Purchasing the home at 5138 Credit River Road is contingent upon approval of a Home Occupation Permit. Assistant City Planner Garross commented per memo dated July 21, 1988. The Planning Commissioners discussed this item with regard to canplaints and parking. MOTION BY KEDROWSKI, SECONDED BY ARNOLD, TO APPROVE A EIG E OCCUPATION PERMIT FOR STEPHEN COLLINS AT 5138 CREDIT RIVER ROAD, SINCE IT IS NOT DETRIMENTAL TO THE GENERAL HEALTH AND WELFARE OF THE COMMUNITY, HOWEVER, IF ANY C MIEUM TS ARE RECEIVED RBMRUING THE PHOIDGRAPHY STUDIO, THE APPLICATION WOULD BE BRCU(= BMX BEFORE THE CDFID SIGN FOR AUTOMATIC REVIEW. Dion a vote taken, ayes by Arnold, Kedrwski, Loftus, Roseth, Wells; the motion passed unanimously. (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 PLANNING ODMMISSICN MINUTES JULY 21, 1988 l'p!FT1 TTT - VARIA:XE aRECGiST BY MAHCWi LLD SU Mr. Bernie Mahowald, representative, stated that Ardis Berg bought a year round hone on Prior Lake and would like a garage and a lakeside deck. The existing shed would be removed and a 22' X 24' garage built. Ms. Berg is requesting a variance for a 10' upper deck over an existing deck. The lots are all very small and shallow and the only on Tor a garage would need a variance. Assistant City Planner Garross commented per memo dated July 21, 1988. Crnanents fran the area residents were in favor of the garage and deck add ition. The Planning Crnmdssioners discussed the garage and deck addition with regard to setting a precedent for the lakeshore variance request. MJTION BY KEDROWSCI, SECONDED BY LOfTUS, TO APPROVE A 16.5 FOOT REAR YARD VARIANCE AMID A 5 FOIT SOUTH SIDE YARD VARIANCE FOR 14698 COVE AVENUE, SINCE THE GAEME VARIANCES ARE CONSISTENT WITH PREVIOUSLY SET PRECEDENTS MID NOT DETRIMENTAL TO THE GENERAL HEALTH AND WELFARE OF THE COMH]NrrY. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. MOTION BY MMROWSKI, SEOONDED BY ARNOA, TO DENY THE 57 FOOT LAHORE VARIANCE, FUR A DECK AT 14698 COVE AVENUE, SINCE IT IS NOT CONSISTENT WITH PREVIOUS ACTIONS OF THE COMMSION AND NO HARDSHIP WAS SHOWN. Upon a vote taken, ayes by Arnold, Kedrowski, Roseth, Wells; nay by Loftus; the motion carried. (Commissioner Loftus felt that there was a hardship since they were building a deck over an existing deck and the deck would not impair site lines of other structures in the area. - ITEM IV - VARIANCE REQUEST BY JACK HADGFN —_ Jack Haugen stated that he is requesting a variance to locate an 18' X 36' swimming pool on Lot 2, Block 2, Gateway Shores. They also am Lot 1, Block 2, Gateway Shores where the house is located but there is no feasible location for a swimming pool. The hardships for the specific location are: 1. Restricted sun 2. Tree hindrance and potential drainage problems from roof of house 3. Significant 20' terrain drop -off from the house which would mandate retaining walls costing about $12,000 and $15,000. Also, Mr. Haugen is applying to the City for a vacation public hearing to consider vacating the drainage and utility easement on Lot 2, Block 2, Gateway Shores. The variance is requested since the only location available would require a 3' variance. Assistant City Planner Garross commented per memo dated July 21, 1988. The Commissioners discussed the variance request but had no problems with the request. PLANNING COMMISSION MINUTES JULY 21, 1988 MOTION BY ARNOLD, SECONDED BY LOFTUS, TO APPROVE A 3 FOOT NORTH SIDE VARIANCE FOR LOT 2, BIALY. 2, GATEWAY SHORES, 4824 ADRIAN CIRCLE SE, FOR A SWIMM M POOL OONPINGENP UPON: 1. IN THE EVENT THAT LOT 2 IS SOLD SEPARATELY FROM LOT 1, 141E POOL MUST BE REMOVED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR LOT 2. 2. THE APPROVAL OF THE VARIANCE BE CONTINGENT UPON THE VACATION OF THE 10 FOOT DRAINAGE AND UTILITY EASEMENT. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Rosette, Wells; the motion passed unanimously. LTFS'1 V - &=AW VARIANCE REQUEST RV IN ERE R SCH:E Jim Bates, representative, commented that the applicant is requesting a lot split for smaller lots than the ordinance allows and variances would be needed. This request is consistent with the area. These lots would have a garage so congestion and parking should not be a problem. City Planner Graser cammented per memo dated July 21, 1988. The area residents were concerned with adding more density to the area which is already crowded, parking and traffic on a small narrow 20' roadway, snow removal, and safety for the residents in this neighborhood. The store house on the subject site should be preserved for a historical site not torn dawn and two new homes put up. MOTION BY WELLS, SECONDED BY KEDROWSKI, TO DENY THE SHOREUM VARIANCE REQUEST OF: TRACT A: 1,000 SD. FT. LOT SIZE VARIANCE 35 FOOT LOT WIDTH VARIANCE TRACT B: 300 SO. FT. LOT SIZE VARIANCE 33 FOOT LOT WIDTH VARIANCE BY ROBERT PASCMM FOR LOT 13, 14, AND P/O 15, INGWOONA BEACH, DUE TO A LACK OF FULL INFORMATION: 1. NEIGHBORHOOD OBJECTIONS FROM 3 INDIVIDUALS. 2. PROBLEM OF SAFETY WITH PRIVATE ROAD. 3. OOMMISSIONERS CONaSSENSUS SUPI?ORT LOT AREA VARIANCE BUT HAVE CCN = WITH IM- THE VARIANCES ARE WITHIN THE CHARACTER OF THE NEIGHBORHOOD AND PREVIOUS VARIANCE RBQUESTS. 4. SINCE UNDECIDED AS TO ACTION, COUNCIL SHMM VIE APFFA LFD. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Wells; nay by Roseth; the motion carried. *A tape of this hearing will be on file in the office of the City Planner as official record. At this time a 2 minute recess was called. The meeting resumed at 9:35 P.M. 3 PLANNING COMMISSION MINUTES JULY 21, 1988 4?v mv . :. tl a• u« . o, _r.. Assistant City Manager Ray Schnudlach introduced the Highway 13 Task Force Canmittee and updated the Camnission on the Highway 13 Task Force Public Hearing held June 30, 1988. Local Representatives and MN/DOT stated they would reduce the speed limit on Highway 13 to 45 miles per hour frcm County Road 42 and 13 to Fish Point Road, and change the deadline for the Cooperative Agreement for 1989 so the Task Force could be included. Ms. SchnxUach asked the Planning Camnission for support for a Ca prehensive Plan amendment dealing with the safety aspects of Highway 13. Staff felt the Comprehensive Plan would not be the place for the Highway 13 impact. MOTION BY ARNOLD, SBOONDED BY KEORONS!a, TO ADJOURN THE JULY 21, 1988, PRIOR LAKE PLANNING COMMISSION MEET=. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed uanimansly. The meeting adjourned at 10:16 P.M. u r a •� • � � +1 +P + - 4