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HomeMy WebLinkAbout1993 October Planning Commission MinutesI j P OT G ( YEA fP� \ rr ll ���I •,. �I r II y P REGULAR PLANNING COMMLSSION AGENDA Thursday, October 7. 1993 7:30 p.m. 1. can mewing to order. a) Review minutes of previous mewing 7:35 p.m 3. VARIANCE - Richard bbjdkr 8:30 p.m 4. VARIANCE - Mark Mauthey All times stated on the Planning Comndsdou Agenda, with the cwepdm of PuWk Hearings, an approximate and may dart a hw udmdes urliar or later than the scheduled time. 4629 Dakota St. SE., Prior Lake, Minnesota 55372 / PiL (612) 44711230 / Faz (612) 4474245 AN EQUAL OW09MMfY BflifNFR PLANNING COMMISSION MINUTES October 7,1993 The October 7, 1993, Planning Commission Meeting was called to order by Chairman Arnold at 7:30 P.M. Those present were Commissioners Roseth, Arnold, Greenfield, Loftus, Assistant City Planoer Deb Ganoss, Associate Planner Gina Mitchell. and Secretary Rita Schewe. MOTION BY ROSETH, SECOND BY LOFTUS. TO APPROVE THE MINUTES AS SUBMITTED. Vote taken signified ayes by Roseth, Loftus, Greenfield, and Loftus. MOTION CARRIED. A recess was called at 7:32 P.M. and reconvened at 735 P.M. at which time the next agenda item was scheduled. Richard Mueller -17244 Sunset TmiL stated he wishes to caaanuct a srorage shed in order to 3001E a mower, jet aid and other various items and does not have mom in his garage. He built his home in 1989 and needed variances for the construction at that time also. Me Mueller said he mdofsiro the adjacent property which Is the City's property. Mr. Mueller stated he is handicapped. Gina Mitchell- Associate Planner, presented the information as per the pluming report of October 7,1993. The variances requested are a 10 foot north sideyard setback variance from the 10 foot sideyud a ftd requhement and a 29.5 foot setback variance from the 85 foot County Rod setback requirtmeot. In March of 1989, die applicant was granted a 4 foot north sideyard, a 6.4 foot south ddeynd, and a 26 foot lateshom variance in order to construct a deck sod in addition to the exWog abin. Thor lot is approximately 177 feet long by 50 feet wide. The north property line is &Qs mt In one of do two narrow public axes points to Spring Lake within the City of Prior Late city limits wbkh Is planned so be part of die proposed trail system in the Park Comprehensive Plan. The proposed aorohuction would be 100% encroachment into the 10 foot sideyard setback milahemeru. The subject site in located within a subdivision which is experiencing the conversion of cabins to single famBy dwellings. Small's recommendation is to deny the variances reqnsted based upon facts and finNngs relative to do hardship criteria of the Zoning Ordinance, inconsistency with the precedent, or other purposes related to the Zoning Code. Comments from the Commissioners were on; relocation of shed, precedent set is 50% role H a bards* Is shown, suggestion on redesigning of shed, future tra0 system defined. and the property has bad thra variances in the past. Deb Garmss pointed out the proposed trall system that is included in the 2010 Campehahsive no ad planned for the future. MOTION BY GREENFIELD, SECOND BY ROSETH, TO DENY THE VARIANCES REQUERT'ED FOR 17244 SUNSET TRAIL AS THEY DO NOT MEET THE HARDSEW CRITERIA. Vote taken signed ayes by Greenfield, Roseth, and Arnold. Nay by Cbmmissimer Lonna. MOTION CARRIED. Mr. Mueller was advised of the appeal procedure to City Council if be an deshes. PLANNtiG COMMISSION October 7,1993 Pop 1 Marie Manthey -15210 Howard Lake Road, Shakopee, stated he is requesting a variance to construct a garage. He would be removing an existing structure that is larger and deteriorating. Gina Mitchell, Associate Planner, presented the information as per planning report of October 7, 1993. The variances requested are for a 30 foot north find yard setback from the 50 foot front yrsd setback requirement and a 80 foot variance from the 200 foot take setback requirement, Two sepata0e Turing Ordinance Amendments (Ordinance Amendment 87-67, adoption of Sho eland Management Regulations. and Ordinance Amendment 88-09. increasing County Road setbacks) were adopted after the plattil of Howard Lake Estates in 1982. if these codes were applied literally, me lot would be tendered unbuildable. In 1992, the applicant received a 70 foot septic system setback variance and a 115 foot lake setback variance in order to construct a tome. Commissioner Loftus commented on the location of the existing building and of the proposed garage site. applicant is the owner of the adjacent properties, the previous variances granted and he could tot support this request as he felt the applicant has other building oPtimns. Commissioner Arnold stared mat tits parcel was considered a lot of record and the site selected was the most logical site to build a home due to the topography of the site and would be in favor of this variance also. MOTION BY ROSETIL SECOND BY GREENFFIEL..D, TO APPROVE A T1BR1 Y (30) FOOT NORTH FRONT YARD SETBACK VARIANCE FROM THE 50 FOOT FRONT YARD SETBACK REQUIREMENT AND AN EIGHTY (80) FOOT VARIANCE FROM TITS 200 FOOT LAKE SETBACK RATIONAL BEING THE APPLICATION HAS MET THE FOUR HARDSHIP CRITERIA OF THE TONING ORDINANCE, WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY, AND THE PROPOSED CONSTRUCTION WOULD DECREASE THE AMOUNT OF COVERAGE. vote taken signified ayes by Roeah. Greenfield. and Arnold. Nay by Lof os. MOTION CARRIED. Discussion followed on the Kau of the Neigbbothood Mtetbg ittibm adw coo paw by tht: consult" status of McWiBks Restaurant, B-Z Soup eautrnaion pa a Benspse vnisooe tipped pathted by me City Council, and possibly having the applicants dpi the varisooe application waft they understand me procedures. Commissioner amounted drat a new Commissioner bat bees appointed and he is Ibomae Wdmf of [correction) Lakeville, MN ant he should be present at the next meeft ( Lakeville (changed to MOTION BY LOFTUS, SECOND BY GREENFIE D. TO ADJOURN THE MFETINO. (Prior Lake) (10- 21 -93) Vote taken signified ayes by Loftus, Greenfield, Amold. and Rose& MOTION CARRIED. The meeting adjourned at 8:40 P %C A tape of the mating L on tie at City Hag. Deb Gatmss Assistant City Plattner Rita M. Schewe Recording Secretary K ANNING C..r.`OAa9ON Ovebs 7, I03 Pop 2 P REGULAR PLANNING I AGENDA Thmrday, October 21, 1993 7:30 p.m. Call meeting to otdec a) Review minutes of pmvioaa meeting 7:35 p.m. 1. VARIANCE - Minl4lorege 8:30 p.m. 2. DISCUSSION - Variance Application Format All times stated on the Planning Commission Agenda, with the e=11 of Few Hearings, are approximate and may start a few minutes earlier or later tMn the aohednled time. . 10 4629 Dakota St. S.E., Prior Cake, Minnesota 55372 / Ph (612) 4474230 / Fax i612) 4474245 AN EQUAL oeeoar MY Enmartx PLANNING COMMIS MINUTES October 21, 1993 The (ktober 21, 1993, Planning Commission Meeting was called to order by Chairman Arnold at 7:30 P.M. Those present were Commissioners Roseth, Arnold, Loftus, Vonhof, Director of Planning Horst Graser, Associate Planner Gina Mitchell, and Secretary Rita Schewe. Commissioner Greenfield was absent a) REVIEW MINUTES OF PHEVIUUS M ::TIN A correction to the minutes was made by Commissioner Amold, on page two, paragraph seven, the town of Lakeville should be changed to Prior Lake, in reference to the residence of Commissioner Vonhof. MOTION BY ROSETH, SECOND BY LOFTUS, TO APPROVE THE MINUTES AS CORRECTED. Vote taken signified ayes by Arnold, Roseth, Loftus, and Vonhof. MOTION CARRIED. A welcome was extended to the new Commissioner, Thomas Vonhof . rrFM i PRIOR LAKE MINI - STORAGE VARIANCE Norb Traxler, Attorney of New Prague, represented the applicant, Gary Thomas of 6701 Faricy Lane, Prior Lake. Mr. Traxler stated his client has appeared before the Commission at an earlier date on a request to waive all Subdivision Ordinance requirements in order to construct additional mini - storage buildings. This request was withdrawn and a revised application is now being submitted. The variances being requested are from Section 47 -2 of the Building Code and 5 -5 -10 of the Zoning Code. The applicant is asking that the requirement for exterior materials be modified to allow metal buildings and for a variance from the strict application of the landscape ordinance. There are several metal buildings in the area which has established a precedent for continuing with metal exterior finishes. Regarding the landscape, there is significant existing vegetation on the site. The application is an expansion of an existing development that has unusual aspects which when applied to the ordinance does impose a hardship on his client Prior building action in the neighborhood was presented as examples. The applicant feels that the plan he is submitting would meet the intent of the ordinance. Horst Graser, Director of Planning, presented the information as per memo of October 21, 1993. Two variances are requested for the subject site which are; (1) to waive Section 6.10 Screeching Landscape requirements of the Zoning Ordinance and (2) Section 47 -2 Usable Materials of the City Code in order to construct a metal building. A brief summary was given of the history of die area. Mr. Graser stated, that while no one wishes to tam away business but them is a point of where community benefits stop and liability begins. For the tm>et, codes have bew waived but wher. it comes to utilities we do not waive, we postpone. This property can not biome an island unto itself with standards accumulated from variance applications. The applicant should be able PLANNING OObAMMM Octobr 21,1993 Pace I to build a metal building and a variance could be granted for this request. The landscape ordinance has just become law and a precedence would be set if the cede is waived The ordinance does allow different versions of plantings and screenings that can be used. The code was not waived for the occupant in the Waterfront Business Pads which is just across the street or the Holy Cross Church that was built on a site with the same characteristics as the subject site. The rights of the applicant have been established as have the rights and obligations of the City. Comments from the Commissioners were on: existing metal building appearances, Landscape Ordinance defined, security, use of a landscape consultant, number of units and design of the pror :,sed building and the present structure, parking lot requirement, definition of outside storage, removal of existing vegetation, future street improvements, building materials, fighting, break -in potential, and applicant working with Staff to implement a landscape plan that would be fair to all parties. A suggestion was made that this should be brought back to the Commission when the future expansion of the outdoor storage is planned as disc is specific requirements for this use, such as fencing and blacktop surfaces. Norb Traxler stated that the plan was done by a landscape architect and whatever landscaping requirements that does apply for the site will be implemented. Gary Thomas 6701 Fancy Lane, stated he has throe buildings and wishes to construct the additional units as needed. Outside storage is also part of his business and pointed out an area that would be fenced for boats, trailers, etc. A new gate system that is planned to be installed was shown. The NURP ponds are planned to to be built to the capacity necessary if the parcel wen fully developed Mr. Graser stated that a storm water management plan was received today by Larry Anderson, the City Engineer, with the revision date of October 21, 1993. A definition of the landscape planting was given as requested by the Commissioners. MOTION BY LOFTUS, SECOND BY. TO GRANT A FAVORABLE VARIANCE FROM SECTION 47 -2 CITY CODE TO PERMIT A METAL BUILDING WITHIN THE I -2 LAND INDUSTRIAL ZONE. The motion died for lack of a second MOTION BY LOFTUS, SECOND BY ROSETH, TO APPROVE THE VARIANCE FROM SECTION 47 -2 TO ALLOW METAL BUILDINGS SUBJECT TO THE SEVEN AMENDED CONDITIONS LISTED. 1. PAYMENT OF A $7,656.00 DEDICATION FEE. 2. THE APPLICANT SUBMIT A LANDSCAPE PLAN THAT WILL CONFORM IN A REASONABLE MANNER TO THE STANDARDS OF SECTION 6.10 OF THE ZONING ORDINANCE AND MEET WITH STAFF TO DETERMINE THE EXTENT OF COMPLIANCE, AND THE IRRIGATION REQUIREMENT WILL BE WAIVED. AN EXTENDED GUARANTEE FOR PLANT MATERIALS SHOULD BE PROVIDED FOR A PERIOD OF FIVE (5) YEARS FROM THE DATE OF OCCUPANCY PERMIT ISSUANCE. APPROPRIATE FINANCIAL GUARANTEES SHOULD ALSO BE PROVIDED. 3. A GRADING, EROSION, AND STORM WATER MANAGEMENT PLAN BE SUBMITTED ACCEPTABLE TO THE CITY ENGINEER. (NOTE: THIS WAS RECEIVED AND ENTERED INTO THE RECORD ON 10/21/93). 4. THE APPLICANT OBTAIN AN EASEMENT FROM THE PROPERTY OWNER (BANG) FOR EGRESS OVER THE EXISTING DRIVEWAY TO THE SITE, A COPY OF WHICH IS TO BE SUBMITTED TO TILE (TTY. 5. ANY FUTURE DEVELOPMENT OF THE PROPERTY WILL REQUIRE FORMAL SUBDIVISION AND PAYMENT OF APPROPRIATE FEES. THE BUILDING PERMIT ISSUED FOR THIS APPLICATION SHALL CONSTITUTE THE ONE UNDERLYING PERMIT AVAILABLE TO THIS PARCEL OF RECORD. 6. NO EXTERIOR STORAGE SHALL BE PERMITTED OUTSIDE OF THE MINI- STORAGE UNITS WITH THE EXCEPTION OF A SCREENED AND ENCLOSED REFUSE CONTAINER 7. THE ADDITION OF ON -SITE EMPLOYEE(S) WILL REQUIRE UPGRADE OF THE FACILITY TO PROVIDE ON -SITE TOILET FACILITIES. Vote taken signified ayes by Amold, Roseth, Loftus, and Vonhof. MOTION CARRIED. MOTION BY LOFTUS, SECOND BY ROSET I. TO DENY THE VARIANCE REQUEST REGARDING SECTION 6.10 SCREENING (LANDSCAPE) REQUIREMENTS OF THE ZONING ORDINANCE RATIONAL BEING THE VARIANCE DID NOT MEET HARDSHIP AND THIS ISSUE HAS BEEN ADDRESSED IN THE PREVIOUS MOTION. Vote taken signified ayes by Loftus, Roseth, Vonhof, and Amold. MOTION CARRIED. Mr. Traxler objected to the Park Dedication fee as a contingency. Mc Graser stated the issue will be forwarded to Mr. Kessel, the City Attorney. If the fee is legal in his opinion it will be left in the motion, if not, it will be a mute issue and removed. Mr. Traxler agreed to this condition. The Commission also agreed to the stipulation. Discussion on the variance application format followed. As Commis ioner Greenfield was sot present nor Ms. Garmss, it will be brought to the Commissioners at a later date. Comments were made on what direction to follow in the future on the subject am in question. Possibly a special workshop or planning session could be scheduled. A work program was suggested for sometime in December for die Commissioners to set goals for the upcoming year and to formulate the agenda for the annual workshop. MOTION BY LOFTUS, SECOND BY VONHUF TO ADJOURNTHE MEETING. (Correction,' to (nme- Vcnhuf to Vote taken signified ayes by Loftus, Arnold, Vonhof, and Roseth. MOTION CARRIF.Dfvonhof. ) The meeting adjourned at 9:27 P.M. Tapes of the meeting ere on file at (Sty Hall. Horst W. Graser Director of Planning Rita M. Schewe Recording Secretary PLANNNO COSOQSSIM Orto 21.1993 Pop O� PR /r/ k PRIOR LAKE PLANM NG COMMffi8IC 1 \V liVL' VP VLl1lVL'LLi`iL 1GL'L' lil�{l P t�r.4'.M1' EgO� You are hereby notified that the Prior Lake Planning Commission will not convene their regularly scheduled meeting on Thursday. November 4. 1993. The meeting has been cancelled due to lack of agenda items. The following items are tentatively scheduled for November 18. 1993: Public Hearing - Sign Ordinance Amendment Public Hearing - Rezoning and Amendment to Westbury Ponds Preliminary Plat Discuss Hardship/Variance Application If any questions regarding this notice please contact Horst Graser. Director of Planning, at 447 -4230 during the hours of 8:00 am. and 4:30 p.m.. Monday through Friday. 4629 Dakota St. S.E., Prior Lake, Mkmesota 55372 / Ph. (612) 4474230 / Fax (61214474245 AN EQUAL 01`1101 rrty anavea