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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.
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PLANNING COMMISSION MINUTES JULY 7, 1988
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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.
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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.
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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.
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