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HomeMy WebLinkAbout1993 July Planning Commission MinutesIg93 J u �y /v PR,® � v /.NN F,SO'C REGULAR PLANNING 1 AGENDA Thursday, July 1, 1993 6:30 p.m. Call meeting to order. a) Review minutes of previous meeting. 6:30 p.m. 1. NEIGHBORHOOD PLANNING DISTRICT MEETING Oakwood, Markley, and South Districts. 8:30 p.m. 2. PUBLIC HEARING - THE WILDS 1. Schematic PUD 2. Preliminary PUD 3. Preliminary Plat 4. Rezoning 10:00 P.M. 3. VARIANCE - Prior Lake Mini Storage 10:30 p.m. 4. VARIANCE - Valley Sign Company Other Business a) b) C) All times stated on the Planning Commission Agenda, with the exceptloo of Public Hearings, are approximate and may start a few minutes earlier or later than the sduduled time. 4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph (612) 4474230 / Fax (612) 4474245 AN EQUAL ocroanmmv E?4UNER PLANNING COMMISSION MINUTES JULY 1, 1993 The July 1, 1993, Planning Commission Meeting was called to order by Chairman Roseth at 7:30 P.M. Those present were Commissioners Roseth, Arnold, Greenfield, Director of Planning Horst Graser, Assistant City Planner Deb Garross, Associate Planner James Hayes, Consultant Blair Tremere, and Secretary Rita Schewe. Commissioners Loftus and Wuellner were absent, ITEM I - REVIEW MINI IT ES OF PRE VIO tC MFBTINr The minutes from the Special Public Hearing for the Industrial Standards for the Business Office Park were reviewed. MOTION BY ARNOLD, SECOND BY GREENFIELD, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Arnold, Greenfield, and Roseth. MOTION CARRIED. The minutes from the June 17, 1993, Regular Planning Commission Meeting were reviewed. MOTION BY GREENFIELD, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Greenfield, Arnold, and Roseth. MOTION CARRIED. ITEM H . NEIGHBORHOOD PLANNEyr! nr eTOrrn •.oc,.ING FOR OAKW OOIL MARKI.F.Y AND SOUTH N .IGHRORHOOD¢ As no one was present, a recess was called at 6:33 P.M. to allow extra time for die public to attend. The meeting was reconvened at 6:43 P.M. and was lightly attended. The three members in attendance were not from the neighborhoods on the agenda. Horst Graser gave a brief outline on the purpose of the n- ighbothood meetings. It is an opportunity for the citizens of Prior Lake to voice their opinion and concerns for the community. That information can then be compiled into the Comprehensive Plan. During the course of the meeting Mr. Graser outlined the Industrial Business Park facilities. Tom Foster -5795 Shannon Trail, voiced his disappointment in the low turnout. His question was on the implementation of bike paths and was advised this was being done in the new developments but it is impossible to retrofit the older developments that have been completed. Mr. Foster asked if the level of concern for natural amenities has changed in the last five years. He also complimented the City on the current issue of the "Wavelength" and asked the slaars of the Industrial Office Park purchase. Home occupation permits were discussed. Mr. Tremere explained the "tier concept ", where people forget that property is developed in phases and become used to the open space and so when the next phase of development begins, the citizens become concemed on the natural amenities being preserved, when in fact, die property has already been platted for residential construction. PLANNING COMMISSION Jdy t, 1993 1 1 Lynn Gorham, 6782 Hillcrest Street SE, was asked if Tlhe Ponds Athletic Complex was a benefit to her area. She felt the playground was a plus to her and her family. Ms. Gorham also felt there was not enough shopping opportunities available in Prior Lake and would like to see a Target or Walmart come into town. She was concerned on the school having the kindergarten class in the Priordale Mall, the reconstruction on Lyons Avenue, the library is too small, and did not feel Mystic Lake Casino was a positive aspect for the City of Prior Lake. Marianne Whiting 14897 Manitou Road, discussed connecting arteries throughout the community, growth should be slower so amenities can catch up to the development, and railroad right. cs' way for bike trails. A recess was called at 8:25 P.M. The meeting was reconvened at 8:40 P.M. ITEM HI - THE WILDS The Public Hearing for The Wilds Schematic PUD, Preliminary PUD, Preliminary Plat, and Rezoning, was called to order at 8:40 P.M. The public was in attendance and a sign -up sheet was circulated. Mike Morley, Project Manager for The Wilds Golf Course of 2800 Wilds Parkway, stated the issues that were discussed at the workshop have been addressed and they feel they have been resolved. Mr. Morley introduced Bland Pittman, Land Planner from Piuman -Poe who gave a slide presentation of the land and the plans complied for the project The reduction in lot size and density has been completed for the residential section. The tree line for Jeffers Ridge was shown with the houses sketched in to show that the roof lines do not protrude over the tree line. The developer is requesting to build the road 24 feet wide on the ridge to minimize the amount of trees to be removed. House styles will be single family estates and lot splits will not be allowed, and a wilderness easement will be implemented to maintain the wild character of the slopes. The project will be 3 to 4 years in completion. The entry will have a water feature and the property owners association will maintain the center islands in the cul-de -sacs. Gary Lampman of Walsh Industries, gave a presentation in the proposed Radisson Hotel, Restaurant, and Clubhouse for the site. The structure will be constructed of stone and redwood to blend with the The Wilds development theme which will be applied throughout the PUD. Horst Graser, Director of Planning, presented the information as per planning report of July 1, 1993. The proposals before the Commission is for a 30 foot height variance for the Radisson Hotel, Schematic PUD, Preliminary PUD, Preliminary Plat, and Rezoning parcels of land from Al to RI, Cl to RI, Al to B3, and R -1 to PUD. The PUD is an overlay zone which allows the developer to deviate from the code. The land exchange of 280 acres was removed from the existing Urban Service Area and 580 acres was put in. The low density of the 580 acres justified the removal of the 280 acres. The project has been a very involved process with many state agencies being included in the process. The culmination of the planning process should occur in the middle of August. At this point in time, the applicant scheduled for 10:00 p.m. was advised his variance would be heard immediately following the end of the Public Hearing. Bill Rudnicki, Tribal Administrator for the Shakopee Mdewakanton Sioux Community, spoke on three areas of concern to the Community: 1) That the upgrading of County Road 83 will have proper right -of -way on both sides of the road. 2) The housing subdivision planned by the community will have adequate screening from The Wilds maintenance building. 3) The Oaks Lane development corridor have access to the residential units alteady built PLANNING COMMISSION July 1, 1993 rap 2 John O'Loughlin, 2988 Valley View Road, wanted information on the road access and dedication onto County Road 83 and County Road 42. Mr. Graser explained the proposed road construction. Lary Anderson, City Engineer, stated there has been substantial sets of plans prepared by the developer for this projecL The transportation plan for County Road 83 has been discussed with Scott County and the Medewakanton Sioux Community. Issues on water quality, water pressure, and placement of sewer lines have been resolved Bill Mangan, Parks Director, commended Mr. Morley and his staff for the excellent job on preparing the park amenities and commented that all iL-ms have been met such as park land dedication, trail systems and the preservation of Jeffers Ridge. There is 52% open public space in the project Mark Hyland 14399 Watersedge Trail, expressed his thanks to the City Staff and Mr. Morley for explaining the project and helping with his future development plans. The applicants for the 10:30 variance were advised that they will be heard as soon as possible. Comments from the Commissioners were; concerns on the ridge were addressed very well, tennis courts maintenance, outstanding development, PUD of the highest quality, location of restaurant, no subdivision of ridge lots, and a tree planting program. Bob Hoffman of Larkin, Hoffman, Daly & Lindgren, stoke on PUD definitions and defined contract zoning which is not allowed in Minnesota. MOTION BY GREENFIELD, SECOND BY ARNOLD, TO RECOMMEND TO THE CITY COUNCIL 7ME ADOPTION OF ORDINANCE 93-19 THEREBY AMENDING PRIOR LAKE CITY LODE SECTION 5 -2 -1 AND PRIOR I -AKE ZONING ORDINANCE NO.83 -6 SECTION 2.1 TO THE PROPOSED REZONING FROM A -1 AGRICULTURAL AND C -1 CONSERVATION TO R -1, URBAN RESIDENTIAL; REZONING OF APPROXIMATELY 16 ACRES FROM C -1 CONSERVATION TO B -3 GENERAL BUSINESS AND REZONING OF APPROXIMATELY 17 ACRES FROM A -1 AGRICULTURAL TO B -3, GENERAL BUSINESS. RATIONALE BEING THIS IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE RESIDENTIAL PLAN FOR THE PUD. Vote taken signified ayes by Greenfield, Arnold, and Rosette. MOTION CARRIED. MOTION BY ARNOLD, SECOND BY GREENFffiA, TO APPROVE RESOLUTION 93 -06PC FOR APPROVAL OF THE SCHEMATIC AND PRELIMINARY P.U.D. PLAN FOR THE WILDS WITH THE ADDITIONAL CONTINGENCIES; C. THE SCREENING PLAN FOR THE MAINTENANCE SrM AND THE TREE PLANTING PLAN BE DEVELOPED BY THE APPLICANT AND APPROVED BY STAFF FOR FINAL PLAT REVIEW. D. THE WILDERNESS EASEMENT WELL INCLUDE THAT NO REDIVISION OF LOTS BE ALLOWED AND THE REDUCTION IN WOODED AREAS BE LIMITED TO REMOVAL OF DEAD TREES ONLY. Vote taken signified ayes by Arnold, Greenfield, and Roseth. MOTION CARRIED. MOTION BY ROSETH, SECOND BY GREENFIELD, TO APPROVE RESOLUTION 93 -07PC FOR APPROVAL OF THE PRELIMINARY PLAT OF THE WILDS. PLANNING COMMISSION Jdy 1, 1993 3 Vote taken signified ayes by Roseth, Greenfield, and AmoU MOTION CARRIED MOTION BY ARNOLD, SECOND BY GREENFIELD, FOR A THIRTY (30) FOOT HEIGHT VARIANCE FOR THE B -3 ZONE LOCATED IN THE CENTER OF THE DEVELOPMENT FOR THE RADISSON HOTEL AND CLUBHOUSE FACILITY. (insert- RATIONALE BEING THERE IS (Note: the rationale was not audible on the tope)(SUFFICIENT NATURAL TERRAIN TO COVER THE HEIGHT (EXPANSION VARIANCE FROM THE PUBLIC MOTION 7 -15 -93 Vote taken signified ayes by Arnold, Greenfield, and Roseth. MOTION CARRIED. MOTION BY ARNOLD, SECOND BY GREENFIELD, TO CLOSE PUBLIC HEARING. Vote taken signified ayes by Arnold, Greenfield, and Roseth. MOTION CARRIED. The Public Hearing was closed at 10:49 p.m A recess was called at 10:49 p.rn. The meeting reconvened at 10:52 p.m ITEM IV . PRIOR LAKE F 11 INI STORA VARIANCE Bob Worthington, AICP for Sunde Engineering of 9001 Bloomington Freeway, Bloomington, represented the applicant Gary Thomas of 6701 Fancy Lane, Prior Lake, MN. Mr. & Mrs. Thomas are the owners of Prior Lake Mini- Storage facility and wish to expand by adding additional buildings. The mini- storage business has existed since 1986 and the subject site is located north of County Road 21 and contains a 9.4 acre parcel located north and west of the existing buildings. The applicant is unable to expand on his existing site and wishes to purchase the adjoining property. Mr. Worthington felt the application is consistent with the Comprehensive Plan and should be approved. Deb Garross, Assistant City Planner, presented the information as per planning report of July 1, 1993. The applicant requests the Planning Commission to waive all Subdivision Ordinance requirements, Landscape, Paving, Architectural Materials, and other elements of the Zoning Ordinance and City Code. The subject site is a remanot site which is not a lot of record and is in an 1 -2, Special Industrial Zoning District. The I -2 district has never been formally divided, no utilities exist and there are no public roads or access to the parcels. By waiving subdivision requirements, the City will forego collection of approximately $6 ,580 dollars in collector street fees; $7,600 dollars in park dedication fees, $83,100 dollars in storm water fees and other fees associated with the subdivision and development process. Future installation of infrastructure will be difficult due to cost and the potential argument that the mini - storage facility does not "need public utilities". In effect, the use and location are not the problem but that the development is premature for the area. The recommendation from staff is to deny the application as the expansion at this point without subdivision is premature and it would not be in the City's best interest. Further development should not occur until de property is subdivided and public infrastructure is provided in order for the City to provide appropriate access for emergency vehicles for the health and safety of the community. The hardship is not caused by provisions of the ordinance and is the result of actions of persons having an interest in the property. Staff believes the requested waiver of the subdivision ordinance is contrary to the Comprehensive Plan, Zoning, and Subdivision Ordinance, so therefore does not meet the variance criteria. Mr. Worthington asked if the property were not subdivided would a variance be needed. He would also like the application continued in order to revise the proposal. PLANNNG COMMISSION haX1, 19993 rep 4 Gary Thomas. 6701 Faricy Lane, gave a brief description of the facility and its uses Johanna Bang, 6010 East 170th St. Prior Lake, made reference to the past building situations and of public hearings she had not been included in. Comments from the Cor: rndssu--uers were or.; definitions of lot, of record and parcel of record, public hearing by Engineering Department, subdividing the property, premature development, too many issues, applicant created hardship, and consenus was to deny or continue. MOTION BY GREENFIELD, SECOND BY ARNOLD, TO CONTINUE THE VARIANCE APPLICATION TO JULY 15, 1993, AT 9:30 P.M. RATIONALE BEING THERE ARE ISSUES TO BE RESOLVED AND THE VARIANCE REQUESTED DOES NOT SHOW HARDSEM Vote taken signified ayes by Greenfield, Arnold, and Roseth. MOTION CARRIED. kTEM V - VALLEY SIGN COMPANY VARIANCE Al Skaja of 16511 Duluth Avenue, Prior Lake, owner of Valley Sign Company, stated they are requesting a variance to finish construction on a pole buil ding. They had started the construciton and didn't know a building permit was required. The business is a family business. Deb Garross presented the information as per planning report of July 1, 1993. The application is a request to allow a pole building within the R -2, Urban Residential Zoning District and to expand a nonconforming use. The City has not allowed an expansion of non - conforming uses and metal pole buildings are permitted in only A -1 and C -1 districts. Tom Skaja, 16511 Duluth Avenue, said the sign business was gtandfathered in and has been a family business since 1969. The surrounding area is wetland and heavily wooded so the neighbors cannot see the building. They eventually will have to move to a different location as they are growing. Comments from the Commissioners were; understanding of the situation but the hardship was created by the applicant and the code is very clear on the zoning issues. Consenus was to deny the application. MOTION BY ARNOLD, SECOND BY GREENFIELD, TO DENY THE VARIANCE TO CONSTRUCT A POLE BUILDING AND EXPAND A NON - CONFORMING USE FOR VALLEY SIGN COMPANY AT 16511 DULUTH AVENUE. RATIONALE BEING Jr IS NOT CONSISTENT WTTH THE COMPREHENSIVE PLAN AND ZONING CODE AND HARDSHIP IS CAUSED BY THE APPLICANT. Vote taken signified ayes by Arnold, Greenfield, and Roseth. MOTION CARRIED. The applicant was advised of his right to appeal the application to the City Council. MOTION BY ARNOLD, SECOND BY GREENFIELD, TO ADJOURN THE MEETING. Vote taken signified ayes by Amohi, Roseth, and Greenfield MOTION CARRIED. The meeting adjourned at 12:26 A.M. Tapes of the meeting are on file at City Hall. Horst W. Graser Director of Planning Rita M. Schewe Recording Secretary PLANNING CObArMMN Juh 1, 1993 Page 5 REGULAR PLANNING COMMISSION AGENDA Thursday, July 15, 1993 6:30 p.m. 1. Call meeting to order. a) Review minutes of previous meeting. 6:30 p.m. 2. NEIGHBORHOOD PLANNING DLSTRICT MEETING Island View/Northwood & Ontinwood/Martioson 8:30 p.m. 3. PUBLIC HEARING - Business Office Park Subdividonftzoning 9:00 p.m. 4. VARIANCE - Minnesota Valley Electric Co-Op. 9:30 p.m. 5. VARIANCE • CONTINUED - Prior Lake Mini- Storage Other Business a) b) C) All th ies stated on the Planning Commiwlon Agenda, with the exception of Publk Hearin A are approximate and may start a few minutes earlier or late than the scheduled time, 4629 Dakota St. S.E., Prior lake, Minnesota 55372 / M (612) 4474230 / Fax (612) 447 -0245 AN EQUAL OPPORIUNrrY 84`10M PLANNING COMMISSION MINUTES JULY 15,1993 The July 17, 1993, Planning Commission Meeting was called to order by Chairman Roseth at 6:30 P.M. Those present were Commissioners Roseth, Arnold, Greenfield, Director of Planning Horst Grayer, and Secretany Rita Schewe. Commissioner Loftus arrived at 6:42 P.M. ITF_.M I - REVIEW MINUTES OF PRFVIO nS MEETING Commissioner Arnold stated the rational should be added to the motion for One height variance for the Radisson Hotel and Clubhouse facility. (Note: this rational was not audible on the tape of the July 1, 1993 meeting). Minutes to be amended as follows: RATIONAL BEING THERE IS SUFFICIENT NATURAL TERRAIN TO COVER THE HEIGHT EXPANSION VARIANCE FROM THE PUBLIC VIEW. MOTION BY ARNOLD, SECOND BY GREENFIELD. TO APPROVE THE MINUTES AS AMENDED. Vote taken signified ayes by Amold, Greenfield, and Rosetb. MOTION CARR®. ITEM It . NEIV-HRORHOOD PLANNING DISTRICT MEETING FOR ISLAND VIEWINORTHWOOD AND CRAINWOOD/MARTINRON Members from the neighborhood were present. Mr. Gnaser explained the procedure and highlighted on some issues that are a Comm to tbe community. In twenty years Prior Lake will be fully developed so these concerns should be addressed row. Mr. Blair Tnemere was introduced to the audience and his role In compiling the information was clarified. Cana Hanson -4065 Raspberry Ridge Road, stated he favour larger lots and wants wildlife to remain Would like to see Prior Lake have developments like Hillwood in Shakopee. Craig Gontarek -15721 Island View, felt we reed to pmwrve key features of nahual amenities. Emphasis has to be on involving people in the community and to promme Prior lake. A sense of community and interaction among neighbors would be beneficial to the community. Mr. Gorit ell stated he is not in favor of ring roads, that restrictive covenants are needed, public accesses should be planned, and the downtown area should be improved. County Road 21 is the heart of Prior lake and could benefit from Mystic Lake. When asked on his opinion of Mystic Lake and the Bloomington Ferry Bridge, Mr. Gontamk answered there are mixed blessings from explosive growth and we [reed to carefully deveknp what we have. Walter Jobst -15110 Martinson Island, stated the citizens need to help plan the future of prior Lake M someone who has a personal interest in a project would make a poor planrrer: We need to have duracter to stand up for what is the best for the City. Mr. Jobst is very impressed on what was done with County Road 21 and the use of walling and biking paths. We need to plan for orderliness. An industrial part is not needed if it is not conducive to rebuilding the downtown or if the business coming in would be objectionable to the community. Bob Cavil -14909 Manton Road, wished to compliment the City of different projects rut have been done such as County Road 21, tree plantings, walkways and would like to see the neighborhoods Connected. We should caution the developers not to maximize the land use. The City should continuing wordng with the Sioux Community. Brad Wahl -14945 75mberglade Circle, stated the City should mail= what we have and shard set high standards and that is what will be returned. He sees the open spaces disappearing and is against connecting the neighborhoods. Mc Wahl feels that Mystic fake is an asset to the Community. PLANNING CO II USSION July 15, 1993 Pane I Kitty Jobst -15110 Martinson Island Road, thanked the Planning Commission for conducting the neighborhood meetings. Mrs. lobst felt the the Sand Pointe addition is built too close and does not wam a Target or business in Prior Lake. The commissioners commented on the planning concept of a lakeslwre drive, scenic viewing opportunities, and having a common cause to join neighborhoods. A recess was called at 8:25 P.M. The meeting reconverted at 8:40 P.M. ITEM IH- PUBLIC HEARTN -B SINE C OFFICE PARK-SUBD13MON/REZONiNG The Public Hearing was called to order at 8:40 P.M. The public was in attendance and a sign -up street was circulated. Horst Graser, Director of Planning, presented the information as per planning report of July 15, 1993. The City of Prior Lake is the applicant for preliminary plat and rezoning of Waterfront Passage Business Park for 126.53 acres of the Adelman property. The City has acquired 33 of the 126.53 acre subject site for a business park and 6.7 acres west of Fish Point mad for a fire station. The remander of the plat will be delineated as outtots and retained by the Adelman Estate. The wetlands will be preserved and lot sizes determined by the developer but must be at least 1 acre in size. Larry Anderson, Director of Public Works, presented information on the utility irrtmtiallon and road construction for the site. The streets will be 30 feet wide, road will be of a 9 ton capacity, bans and sidewalks will be implemented. The location of the sewer line, water main and water quality pads for the area were indicated. Kay Kuhlmann- Assisam City Manager, gave a brief summary of the matlteting plan that has been implemented advertising the Business Office Park of the City of Prior Lake within a 7 - 10 mile radius. The goal is to sell 2 acres per year. One proposal has been submitted and negotiations are being conducted on 4 other prospects. Ray Bang - 6010 -1701.h Street, asked on the drainage of the wetland when full. Mr. Anderson stated the runoff would drain into Markley Lake. Marilyn Gorman-16867 Blind Lake Trail, was concerned on what type of buildings will be built in tie industrial park and if a buffer would screen the buildings. Mr. Graser explained that the type of buildings allowed would be of steeVbdck combination and offhceilight industry businesses. It will be a planned industrial park and landscaped. Dan Ryman-16996 Blind Lake Trail, wanted to know if lawns will be disturbed when sewer and water lines are installed. Mr. Anderson explained the location of the lines. Comments from the Commissioners were on; pleased with the brochure developed by the Economic Development Committee, and all were in favor of the proposed addition. MOTION BY LOPTUS, SECOND BY ARNOLD, TO RECOMMEND TO CITY COUNCB. THE ADOP71ON OF ORDINANCE 93 -21 WHICH IS AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTION 5 -2 -1 AND PRIOR LAKE ZONING ORDINANCE NO. 83-6. RATIONAL BEING IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN. Vote taken signified ayes by Loftus, Arnold, Roseth, and Greenfield MOTION CARRIED. MOTION BY LOFTUS, SECOND BY GREENFI LD, TO ADOPT RESOLUTION 93 -09PC FOR APPROVAL OF THE PRELIMINARY FLAT OF WATERFRONT PASSAGE ADDITION. Vote taken signified ayes by Loftus, GreenfieM. Arnold, Pad Rosette. MOTION CARRIED PLANNING COMMISSION July 15, 1993 Pap 2 MOTION BY ARNOLD, SECOND BY GREENFIELD, TO CLOSE THE PUBLIC HEARR4G FOR THE REZONING OF WATERFRONT PASSAGE ADDITION. Vote taken signified ayes by Anmld, Greenfield, Roseth, and Loftus. MOTION CARRIED. Public hearing for rezoning closed at 9:10 p.m. MOTION BY LOFTUS, SECOND BY GREENFIELD, TO CLOSE THE PUBLIC HEARING FOR WATERFRONT PASSAGE PRELIMINARY PLAT. Vote taken signified ayes by Loftus, Greenfield, Loftus, and Rosette MOTION CARRIED. Public hearing for the preliminary plat closed at 9:12 pm. A recess was called at 9:12 p.m. The meeting reconvened at 920 pm. ITEM IV - MINNESOTA VA LL Bill McGoldwick CPA, representative for Cooperative Power of 14615 Lane Oak Road, Eden Prairie. which is the electric power supplier for Minnesota Valley Electric Cb-Op. As the area that Minnesota Valley serves is growing, there is a need for additional power. A new 115 thousand volt (kv) line is proposed and the substation will be installed on the Shakopee Mdewakanton Sioux Reservation and will be known as Eagle Creek Substation The lines leading to the substation will be overhead but the feeders coming off from the substation will be underground. The application requested is for a 30 foot height variance to allow the construction of 65 feet tall single shaft steel transmission poles. Horst Graser, Director of Planning, presented the information as per plandng report of July 15. 1993. Mr. Graser stated there had been a conditional use permit for the Vanden property but before it could be processed the property went into trust status and is now pan of the reservation, therefore a conditioned use is not required. There is a need to construct a new substation and lines in order to provide sufficient power to the northwest quadrant of Prior Lake. Development of the Shakopee Mdawakarnm Sioux Community and the proposed development of The Wilds has generated the need for additional electric service. The proposed location of the power line, follows the corporate boundaries of Prior Lake and Shakopee. and the SMSC Trust Lands. Recommendation from Staff is to approve the vaAmce as requested as there is a need and denial would result in hardship of insufficient electric service to property owners. John O'Loughlin -2988 Valley View Road, Shakopee, asked for clarification on the location of the substation Marlene Lawson- Howard Lake Road, voiced her concerns on health hazards connected to the power lines regarding birth defects and livestock and would it be possible to pm the line underground. Mr. McGoldwick stated the Electrru Magnetic Forces (EMF) effect is what is being referenced to and he could not answer the health technical questions as he did not have a medical or scientific backgmutd. In regard to burying the lines, this is a very expensive project and still would not reduce the EMF effect. The expense would be so high that no one could afford to pay their electric bill and the company will not do it. EMF is a function of the eunent and not the voltage. Mr. McGoldwick explained their process in choosing this location is researching and finding the area that effects the least number of residents, apply for the proper variances and then notifying the land owners. John O'Loughlin, 2988 Valley View Road, stated On application in Shakopee had been tabled partly because of the lateness of the hour and, in his opinion. too many loose ends. Dave Sweet -3990 29th Ave. Shakopee, is concerned the 30 foot easement would take all of the trees on his property, would cause devaluation of his property, and the poles would be in eyesight of his resddenee. Comments from the Commissioners were on: lines underground, number of poles for projex, agreement with the Sioux Community, clarification on the reason to extend the power line. Shakopee variance statna, and the application before the Commissioners is for a 30 foot height variance only. PLANNING CONOMSION July 15,1993 Page 3 MOTION BY LOFTUS, SECOND BY GREENFIELD. TO APPROVE A THIRTY (30) FOOT HEIGHT VARIANCE FOR SUCCY -FIVE (65) FOOT HIGH POWER POLES TO COOPERATIVE POWER ASSOCIATION TO CONSTRUCT A 115 THOUSAND VOLT (KV) TRANSMISSION LINE TO CONNECT THE NEW EAGLE CREEK SUBSTATION TO AN EXISTING ITIANSM6SSION LINE RATIONAL BEING LPI'ERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNDUE HARDSHIP WITH RF`. PRC r TO THE PROPERTY, IIIERE IS A NEED FOR ADDITIONAL POWER IN THE NORTHWEST QUADRANT OF THE CITY OF PRIOR, DENIAL OF THE VARIANCE WOULD RESULT IN HARDSHIP TO THE PROPERTY OWN IN TEAT Ism ELECTRIC Sa"RVICE WOULD BE INSUFFICIENT, SUCH UNNECESSARY HARDSHIP RESULTS BECAUSE OF CIRCUMSTANCES UNIQUE TO THE PROPERTY, HARDSHIP IS CAUSED BY PROVISIONS OF THE ORDINANCE AND IS NOT THE RESULT OF ACTIONS OF PERSONS PRESENTLY HAVING AN INTEREST IN THE PROPERTY, AND THE VARIANCE OBSERVES THE SPIRIT AND INTENT OF THE ORDINANCE, PRODUCES SUBSTANTIAL JUSTICE AND IS NOT CONTRARY TO THE PUBLIC INTEREST Vote taken signified ayes by Loftus, Greenfield, Rosette, and Amok& MOTION CARRIED. A letter was mad into the record dated July 15, 1993, from Anorneys at Law, O'NeO, 7kwdm 3 Tard LTD, addressed to Horst Omer. City of Prior Lake, reading as follows: RE: Cary Tbamu variance application, Rwnnrmtng that Mr. Trader represents ML Gary 7bomai6 the applicant on a Homing ad Zontng variance. The purpose of the letter was to advise the Planning Cammbdm the applicant le voluntarily withdrawing the application at this time and to strike it fmm the sgmda for July 15. 1993. Signed by Norbert B. Ttader. 7be applicants wee in the audience and nodded in afTirmotim Rtes title was so. MOTION BY ARNOLD, SECOND BY ROSETH, TO ADJOURN THE MEETING. Vote taken signified ayes by Amokf, Rosette, Loftus, and Orxofldd. MOTION CARRIED. The meeting adjourned at 10:10 P.M. Mapes of the meeting no an file at City Hall. Horst W. Graser Director of Planning PLANNING C061 MISSION July 15,1943 PAP4