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HomeMy WebLinkAbout1991 December Planning Commission MinutesHERITAGE COMMUNITY JSf1l idyl 1991 20y> nsg 1 7:30 P.M. CALL 1O UNDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING * 7 :30 P.M. PUBLIC HEARING 2000 EVE PLAN SO" AMENDKENT- P1f ED 18 PHASES 8:00 P.M. HEARING VARIANCE AMENDMENT am ALLISON 8:15 P.M. HEARING VARIANCE DAVID RUBENZh3i * Indicates a Public Hearing All times stated on the Planning Camission Agenda, with the exception of Public Hearings, are approximate and may start later than the scheduled tine. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 1 Fax (612) 4474245 V��NMr:a HERITAGE 1891 K.el m 1991 PLANNING COMMISSION MINUTES DECEMBER 5, 1991 The December 5, 1991, Planning Commission Meeting was called to order by Chairman Loftus at 7:30 P.M. Those present were Commissioners Loftus, Arnold, Roseth, Director of Planning Horst Graser, Assistant City Planner Deb Garross, and Secretary Rita Schewe. Commissioner Wells arrived at 7:35 P.M. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY ARNOLD, SECOND BY ROSETH, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Loftus, Arnold, and Roseth. MOTION CARRIED. ITEM II - PUBLIC HEARING - 2000 COMPREHENSIVE PLAN AMENDMENT - COUNTY ROAD 18 POLICIES - TRANSPORTATION CHAPTER Public Hearing was called to order by Chairman Loftus at 7:35 P.M. The public was in attendance. Horst Graser introduced David Unmacht, City Manager, who presented political and planning information on the 2000 Comprehensive Plan Amendment and the County Road 18 proposed policies. Progress on the bridge construction, ramp, and loop exits were discussed. The Metropolitan Council denied the paving of the ramp and exit, rational being that it would urbanize the area prematurely. Certain conditions were given to the City of Prior Lake, City of Savage, City of Shakopee, and Scott County, in order to safeguard against urbanization. Prior Lake has met most of the criteria and will present it to the Metropolitan council in January of 1992 in anticipation of overturning their decision on the non - paveing of the ramp and exit. Horst Graser gave a presentation on the building phases of County Road 18. The concern that Metropolitan Council has is that by allowing urban type of traffic to exit into the rural area would cause communities to rezone and prematurely develop. It was decided by the Metropolitan Council that In order to have the loop and the access ramp paved, the communities in northern Scott County including the County had to safeguard certain land use patterns and practices. 4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 1 Fax (612) 4474245 PLANNING COMMISSION MEETING MINUTES DECEMBER 5, 1991 PAGE 2 The transportation section of the Comprehensive Plan has been rewritten and will contain the amendment. Prior Lake will develop in an orderly and planned fashion. The policy statements were read that will be adopted by the City. These policies will limit driveway and highway access to the Bloomington Ferry Bridge and Shakopee By -Pass. Leo Vierling, 14091 Eagle Creek Ave. NE, stated that not all of the driveways going into his property were shown on the map. Larry Brastad, 13755 Crest Ave. NE, questioned location of a service road. Comments from the Commissioners were on; changes are adequate for the Metropolitan Council, time frame for paving the ramp and loop, would there be a moratorium on zoning, and all were in favor of the amendment. MOTION BY ARNOLD, SECOND BY ROSETH, TO RECOMMEND TO THE CITY COUNCIL THE APPROVAL OF THE AMENDMENTS AS PROPOSED WITH THE MAP AS EXHIBIT A TO SHOW THE ADDITIONAL ROAD ACCESSES TO THE LEO VIERLING FARM. Vote taken signified ayes by Arnold, Roseth, Wells, and Loftus. MOTION CARRIED. Public Hearing closed at 8:30 P.M. ITEM III - WADE ALLISON VARIANCE AMENDMENT Deb Garross presented the information as per memo of December 5, 1991. The applicant is requesting the Planning Commission to delete the condition to remove the driveway as stated in Variance 89 -18. A letter from Pat Lynch of the DNR, dated November 27, 1991, stated that he assumed there was justification for requiring removal of the driveway when the variance was issued, as such, the condition should be met. The coverage ratio for the site is 308 in the shoreland district, the applicant's lot is 388. If the driveway is removed as specified in the 1989 variance the coverage ratio would be reduced to 26%. A drainage issue was voiced by an abutting neighbor. Gary Staber, Building Official, conducted a site inspection on the Busse property at 4350 DaYota Street and determined that the drainage problem is not associated to the garage addition but in part to a retaining wall construction. In Mr. Staber's opinion, the drainage problem could be improved if the Allison driveway were removed and fill added adjacent to the Busse home. The recommendation from Staff is to enforce the conditions of Variance 89 -18 as approved by the Commissioners. There are no circumstances which have changed since the variance approval and the drainage issue could be alleviated, in part, if the driveway was removed. PLANNING COMMISSION MEETING MINUTES DECEMBER 5, 1991 PAGE 3 Wade Allison, 4330 Dakota Street, stating he is requesting the Commissioners to rescind their decision to have his driveway removed as per his variance application 89 -18. The applicant distributed pictures showing his property. A letter from the former owner, Ted Paul, Watertown, South Dakota, was read by the applicant informing him the water problem had always been there and that the driveway dad help the drainage. Mr. Allison stated he wishes to retain the driveway for convenience and play area for his children. Comments from the Commissioners were on; design of the garage, status of tuckunder garage, storage area, compromise was made to allow the applicant to have the garage on the original variance, .-A iii vcru in agreement not to change the condition. MOTION BY ROSETH, SECOND BY WELLS, TO REAFFIRM THE CONDITION STATED IN THE ORIGINAL MOTION OF VARIANCE 89 -18 THAT THE EXISTING DRIVEWAY BE REMOVED BUT DUE TO THE MISUNDERSTANDING BY THE APPLICANT AT THE TIME OF THE ORIGINAL MOTION AND CURRENT WEATHER CONDITIONS, THE APPLICANT IS ALLOWED UNTIL JUNE 30, 1992, TO REMOVE THE DRIVEWAY. Vote taken signified ayes by Roseth, Wells, Arnold, and Loftus. MOTION CARRIED. ITEM IV - DAVID RUBENZER - VARIANCE David Nygren contractor, representing the applicant, David Rubenzer of 14024 Rutger's St. N.E., stated they are requesting a 50 foot variance from the required 75 foot lakeshore setback to build a single family home. A variance is required due to the size of the subject site. The home was scaled down to request the least possible variance. Deb Garross presented the information as the memo of December 5, 1991. The subject site is Lots 7 & 8, and is irregular shaped with the 904 encroaching on the east and south sides of the parcel. At the time of platting in 1982, it was recognized that the 75 foot lakeshore variance could not be met. Staff's recommendation is to approve the variance as requested as there is no building envelope on the subject site where a structure could be placed to meet current zoning standards and the neighborhood is fully developed and would not set a precedent for future development. The hardship is not caused by the applicant but rather is the result of the ordinance and actions of the City of Prior Lake. Dean Brown, 6450 Conroy St. NE, questioned the elevation of the lot and was concerned on lot 7 and his ability to enter and exit from his driveway. David Rubenzer, 14024 Rutgers St. explained the proposed location of his driveway on lot 7 and the location of an easement. !1LAr?NI1NG CCMtMISSICN MEETING MINUTES DECEMBER 5, 1991 PAGE 4 Mike Ryan, 6442 Conroy St. questioned street location and wanted the 3o feet returned that was lost to them when platted. caryn Rvan, 6442 Conroy St. wanted to know the width and definition of a street. Also complained on stakes in road. She was advised the stakes were used by the surveyor to locate lot lines. Comments from the Commissioners were on; issue of driveway is civil matter, erosion control, lot is unbuildable without a variance, maintain setbacks, additional fill brought in, hardship is evident, and no one was opposed to the variance. MOTION BY WELLS, SECOND BY ROSETH, TO APPROVE A 50 FOOT LAKESHORE VARIANCE FOR 14085 GREENWAY AVENUE AND THAT THE SURVEY SHOWN BE THATRIT INTO THE RECORD AS UNIQUE SITUATION, LOT IS IRRE ULARFISHAPED BEING HAT REQUIRES A VARIANCE, IT DOES NOT SET A PRECEDENT, IS IN CHARACTER WITH THE NEIGHBORHOOD, THE APPLICANT DID NOT CREATE THE HARDSHIP AND IS NOT DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. Vote taken signified ayes by Wells, Roseth, Loftus, and Arnold. MOTION CARRIED. Mr. Graser advised the Commissioners that the workshop with the Council has been postponed to February 1. MOTION BY ROSETH, SECOND BY WELLS, TO ADJOURN MEETING. Cote taken signified ayes by Roseth, Wells, Arnold, and Loftus. MOTION CARRIED. Meeting adjourned at 10:10 P.M Hall. Tapes of meeting on file at City Horst W. Graser Director of Planning Rita M. SChewe Recording Secretary HFRITAGE 1891 COMMUNITY 1991 DHCEGM 19, 1991 7 :30 P.M. 7:30 P.M. 7130 P.M. 7t45 P.M. Y: U •: A: MWIEY MIl = CF PRWWW MMR, Ki1b * Indicates a Public Hearing 209/ 111' HI All times stated on the Planning Ckaiasion Agamla, with the exception of Public Hearings, are approximate and may start later thn the scheduled time. 4629 Dakota St. S.E., Prior lake, Mim rota 55372 / Ph. (612) 4474230 / Faa (612) 4474245 LA Y HERITAGE 1891 CK /7alOVINR1M .. PLANNING COMMISSION MINUTES DECEMBER 19, 1991 4X11.'S�'J f The December 19, 1991, Planning Commission Meeting was called to order by Chairman Loftus at 7:30 P.M. Those present were Commissioners Loftus, Arnold, Wells, Roseth, Assistant City Planner Deb Garross, and Secretary Rita Schewe. Commissioner Kedrowski was absent. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY ARNOLD, SECOND BY ROSETH, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Arnold, Roseth, Wells, and Loftus. MOTION CARRIED. ITEM II - PUBLIC HEARING - WOODRIDGE ESTATES REZONING The Public Hearing was called to order by Chairman Loftus at 7:32 P.M. The public was in attendance. Deb Garross presented the information on the Woodridge Estates Rezoning as per memo of December 19, 1991. The rezoning was approved by the Planning Commission on June 20, 1991, and by the City Council on August 5, 1991. The Council approved the rezoning subject to Metropolitan Council approval and a sunshine date of November 15, 1991, be incorporated which would give the Metropolitan Council approximately 90 days to approve the Comprehensive Plan. The Metropolitan Council reviewal of the Comprehensive Plan amendment to incorporate the subject site into the Urban Service Area and change the land use designation from Agricultural to Low Density Residential is still underway. A decision should be forthcoming in January of 1992 and Staff anticipates the Metropolitan Council will approve the amendment. However, the sunshine date has expired which thereby necessitates a Public Hearing to rezone the site from A -1 Agricultural to R -1 Urban Residential. Recommendation from Staff is to approve the rezoning application as requested subject to approval by the Metropolitan Council. The developer has been granted preliminary plat approval of a single family subdivision for the site and the zoning should be changed to accommodate anticipated development for this area. 4629 Dakota St, S.E.. Prior Lake, Minnesota 55372 I Ph, (612) 4474230 / Fax (612) 4474245 PRIOR LAKE PLANNING COMMISSION MINUTES DECEMBER 19, 1991 PAGE 2 Consensus from the Commissioners were in agreement of the rezoning request. MOTION BY ROSETH, SECOND BY WELLS, TO RECOMMEND TO THE CITY COUNCIL THE APPROVAL OF REZONING FROM A -1 AGRICULTURAL TO R -1 URBAN RESIDENTIAL FOR WOODRIDGE ESTATES. RATIONAL BEING THAT IT IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND HAS BEEN PREVIOUSLY EVALUATED AND APPROVED BY THE PLANNING COMMISSION AND CITY COUNCIL. RESIDENTIAL L}.ND USE IS APPROPRIATE FOR THE AREA AND WOULD BE CONSISTENT WITH THE SURROUNDING NEIGHBORHOOD. Vote taken signified ayes by Roseth, Wells, Loftus, and Arnold. MOTION CARRIED. MOTION BY ROSETH, SECOND BY ARNOLD, TO CLOSE THE PUBLIC HEARING. Vote taken signified ayes by Roseth, Arnold, Wells, and Loftus. MOTION CARRIED. Public Hearing closed at 7:39 P.M. Ms. Garross informed the Commissioners that the Wade Allison variance decision has been appealed by the applicant to the City Council and will be on the Council agenda January 20, 1992. MOTION BY ARNOLD, SECOND BY ROSETH, TO CANCEL THE JANUARY 2, 1992, PLANNING COMMISSION MEETING AS THERE WERE NO ITEMS FOR THE AGENDA. Vote taken signified ayes by Arnold, Roseth, Loftus, and Wells. MOTION CARRIED. ITEM III - DOUGLAS THEILBAR- LAKESHORE VARIANCE Duane Sibbet, contractor for the applicant, Douglas Theilbar, 13733 West Preserve Blvd. Burnsville, MN, stated they are requesting a 44 foot lakeshore variance from the 904 contour line to construct a single family home at 15329 Breezy Point Road. Deb Garross presented the information as per memo of December 19, 1991. The site is relatively flat and low lying and will require fill in order to provide a building pad that is compliant with the flood plain ordinance. The existing cabin and garage is proposed to be removed. This neighborhood was platted in 1923 with lots that are severely substandard by current zoning regulations. Any new construction or additions have required extensive setback and coverage variances. In this development lakeshore variances have been granted within 9 feet of the 904 contour. The subject sit the largest platted lot within the subdivision. However, due to its location on a peninsula the 904 encroaches on three sides on the site. There is no building envelope that meets required setbacks from the 904. There is an PLANNING COMMISSION MEETING MINUTES DECEMBER 19, 1451 PAGE 3 administrative lot split application for Lot 17 Breezy Point, being considered. Staff's recommendation is to approve the variance with conditions and rational as '_isted in the memo. Comments from the Commissioners were on removal of existing structures, notification of neighbors, planting replacement, and lot split procedures. MOTION BY ARNOLD, SECOND BY WELLS, TO APPROVE A 44 FOOT LAKESHORE VARIANCE FOR 15329 BREEZY POINT ROAD SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE APPLICANT GRANT THE CITY AN EASEMENT FOR UTILITY PURPOSES OVER LOT 17, AS REQUIRED BY THE CITY ENGINEER. 2. THE VARIANCE APPROVAL BE SUBJECT TO AN APPROVED ADMINISTRATIVE LAND DIVISION FOR LOT 17, BREEZY POINT. 3. THE EXISTING CABIN AND GARAGE BE REMOVED. 4. A PLANTING PLAN BE SUBMITTED, ACCEPTABLE TO STAFF INDICATING THE PURPOSED LOCATION OF NEW TREES. THE PLANNING COMMISSION SUGGESTED THE TREES BE REPLACED ONE FOR ONE. RATIONALE BEING THAT THE HARDSHIP IS NOT THE RESULT OF THE PROPERTY OWNER BUT IS CAUSED BY THE ORDINANCE. THE SITE WAS SUBDIVIDED BY A PREVIOUS GOVERNMENT AND IS NON - CONFORMING TO CURRENT PRIOR LAKE ZONING STANDARDS. THE LOT IS VERY SHALLOW AND LOCATED ON A PENINSULA THEREFORE NO BUILDING ENVELOPE WOULD BE AVAILABLE ONCE SETBACK STANDARDS ARE APPLIED. THE VARIANCE REQUESTED IS CONSISTENT WITH PREVIOUS APPLICATIONS WITHIN THE NEIGHBORHOOD AND WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. Vote taken signified ayes by Arnold, Wells, Roseth, and Loftus. MOTION CARRIED. MOTION BY ARNOLD, SECOND BY ROSETH, TO ADJOURN THE MEETING. vote taken signified ayes by Arnold, Roseth, Wells, and Loftus. MOTION CARRIED. Meeting adjourned at 8:15 P.M. Tape of meeting on file at City Hall. Deb uarross Rita M. Schewe Assistant City Planner Recording Secretary