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Home My WebLink About88-OCTOBER�GT06E�{, PLANNING COMMISSION MINUTES OCTOBER 6, 1988 The October 6, 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 LOFTUS, TO APPROVE THE SEPTEMBER 15, 1988, PRIOR LAKE PLANNING COMMISSION MINUTES AS PRESENTED. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. ITEM II - SUBDIVISION ORDINANCE AMENDMENT PUBLIC HEARING City Planner Graser commentea per memo dated October 6 1988. The P roposed amendment is for Section 6 -1 -3 titled "Adm;nistrative MOTION BY KEDROWSKI, SECONDED BY ARNOLD, RECOMMENDING TO THE CITY COUNCIL PROPOSED AMENDMENT APPROVAL FOR PRIOR LAKE• SUBDIVISION ORDINANCE SECTION 6 -1 -3: ADMINISTRATIVE PLAT AS PRESENTED BY STAFF UNDERLINED BELOW. 6 -1 -3: ADMINISTRATIVE LAND DIVISION (B) THE PROPERTY TO BE SUBDIVIDED WAS A PARCEL OF RECORD IN THE OFFICE OF THE COUNTY RECTO 6M OF SCOTT COUNTY PRIOR TO MARCH Ls. 1974. OR IS A LOT (C) (H) (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 PLANNING COMMISSION MINUTES OCTOBER 6, 1988 PROVIDED A HEARING IS CONDUCTED BY THE CITY COUNCIL. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. MOTION BY ARNOLD, SECONDED BY KEDROWSKI, TO CLOSE THE PUBLIC HEARING FOR SUBDIVISION ORDINANCE AMENDMENT. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. *A tape of this public hearing will be on file in the office of the City Planner as official record. porch for family use since their house is not real large. However, they cannot meet the setback requirements and need a 24 foot lakeshore variance. One part of the 3 season porch would be located over an existing deck. Mr. Van Hecke presented pictures of the area and the neighbor's boat house and screen porch which are closer than the proposed to the 904 elevation of the lake. Assistant city Planner Garross commented per memo dated October 6, 1988. MOTION BY KEDROWSKI, SECONDED BY LOFTUS, TO APPROVE A 24 FOOT LAKESHORE VARIANCE FOR 14177 SHADY BEACH TRAIL SINCE IT WOULD NOT BE CONTRARY TO PUBLIC INTEREST, PAST PRECEDENTS HAVE BEEN UP TO 25 FOOT VARIANCES, LETTERS SUBMITTED BY NEIGHBORING PROPERTIES INDICATING SUPPORT OF THE VARIANCE, LAKESHORE PROPERTY OWNERS DESERVE THE OPPORTUNITY TO ENJOY THE LAKE THROUGH THE USE OF LAKESIDE PORCHES AND DECKS, THERE IS VEGETATIVE SCREENING, AND THE EXISTENCE OF THE BOAT HOUSE PORCH ON THE PROPERTY TO THE EAST OF THE SUBJECT SITE IS CLOSER TO THE 904 ELEVATION OF THE LAKE. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, wells; the motion passed unanimously. At this time a 15 minute recess was called. The meeting resumed at 8:15 P.M. aware of previous proposals made regarding Reeds Island. There are two items which he disputes with staff. The first one is camping on the island should be allowed with a medium for both sides to be satisfied. The second item is parking slips do not need to be allowed since anyone in the association owns a lake and has access otherwise the public access is available. Mr. Stankovich would accept any of the two on site sewage treatment plans submitted by Mike Rutten. Therefore he would like to proceed with the Conditional Use Permit request. City Planner Graser commented per memos dated September 15, 1988; October 6, 1988; Gary Staber, Building Official, memo October 6, PLANNING COMMISSION MINUTES OCTOBER 6, 1988 1988; Glenn Kessel, City Attorney's fasted memo of October 6, 1988. Mr. Graver stated that Gary Staber's memo be incorporated in the record. Also, City Planner Graser read a paragraph from City Attorney Glenn Kessel's memo for the record which states: "The case law cited above suggests both police and fire services are not designed to protect any individual or any individual's property but rather are designed to protect the general public. Without any special circumstances that would create a special relationship between Reed's Island, Inc. and the City of Prior Lake, no special duty exists. Case law dictates that without a special duty, governmental units are not liable for the acts of third parties. Based on this analysis, the City of Prior Lake would not be liable to third party injuries or damages with regard to the failure of providing police, medical emergency, or fire services." At this time audience input was called for. George Koblas, representative for 17 homeowners in the Frost Point area, commented that these people are strongly opposed to a commercial use of the island and the impact it would have. Also they feel the City has a duty to protect their property. Bruce Peters, 5004 Condone Street, felt that any camping will have noise which will carry across the lake to the mainland and without police protection for the island there would not be anyone to quiet the disturbance. Peter Patchin, 5428 Candy Cove Trail, stated that as a l akeshore n owners e is struggli ng and r another p disturbance lu would mean a downward value. Han Widerstrom, 5080 Condone Street, stated that noise without a barrier carries at full velocity across water. Also swimming in the channel could be a hazardous situation with boat traffic coming through the narrow channel. Tom Watkins, 5242 Frost Point Circle, stated that the Comprehensive Plan needs to incorporate a section dealing with issues of islands in Prior Lake. The comments from other Prior Lake residents included concerns such as boat traffic, safety, noise, location and number of docks, sewage treatment, and association guidelines. At this time Chairman Wells read, for the record, a letter from George Koblas representing 17 area resident's concerns of the development of Reeds Island. PLANNING COMMISSION MINUTES OCTOBER 6, 1988 The Planning Commissioners discussed this item and felt strongly about the concerns expressed by everyone. These concerns included: rules and regulations of an association, water treatment situation, noise, commercial building in a single family zoned area, number of boat docks, security system, hours of usage, camping, liability, police enforcement, safety, neighborhood concerns, and environmental impact concerns. MOTION BY KEDROWSKI, SECONDED BY ROSETH, RECOMMENDING TO THE CITY COUNCIL, DENIAL OF A CONDITIONAL USE PERMIT REQUEST FOR REEDS ISLAND, - -ZNC. BECAUSE OF: IS NOT COMPATIBLE WITH R -1 ZONING IN THIS A NUMBER OF VOICED OPPOSITIONS FROM SURROUNDING N IGHBORS AND NO SUPPORT FROM RESIDENTS RECEIVED. T ERE ARE SEVERAL HEALTH, SAFETY, AND POLLUTION ONCERNS WHICH HAVE NOT BEEN ADEQUATELY ADDRESSED. THERE ARE ENFORCEMENT CONCERNS WHICH CANNOT ENFORCE THE CONDITIONS FOR GRANTING THIS CONDITIONAL USE. -4 vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, s; the motion passed unanimously. MOTION BY ROSETH, SECONDED BY KEDROWSKI, TO RECOMMEND TO THE CITY COUNCIL A REVIEW OF THE COMPREHENSIVE PLAN REGARDING THE USE OF THE LAKE. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. At this time Assistant City Planner Garross presented the Planning Commissioners with an outlined guide of Public Hearing Procedure for future meetings. MOTION BY ROSFTH, SECONDED BY KEDROWSKI, TO ADJOURN THE OCTOBER 6, 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 9:40 P.M. HORST W. GRASER DIRECTOR OF PLANNING ANGELA JASPERS RECORDING SECRETARY