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HomeMy WebLinkAbout1991 February Planning Commission MinutesNOTICE: TO: PLANNING COMMISSIONERS FROM: HORST GRASER, DIRECTOR OF PLANNING RE: PLANNING COMMISSION MEETING DATE: FEBRUARY 4, 1991 You are herby notified that the Prior Lake Planning Commission will not convene their regularly scheduled meeting on February 7, 1991. The meeting has been cancelled due to lack of items for the agenda. The next scheduled meeting will be February 21, 1991. 4629 Dakota St. S.E., Prim Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 An Equal Opporup"lAjfinnaa a Action E wiosw �4 PRIp� HERITAGE COMMUNITY 1891 1991 209> \ p r I ��ifL1f. II ,Y /'a r��L 7:30 P.M. CALL 10 ORDER 7:30 P.M. IMEP MINUTES CP pr"IOUS MEETING 7:35 P.M. BEIRING BONE OCCUPATION PAM T. VVI6FER 7:45 P.M. HEUOG VAkIANCE DALE SCBENIAN * 8:00 P.M. PUBLIC BEM= ZCKOG COW AMMM V SIAPP * Indicates a Public Bearing All times stated on the Plannirg Commission Agenda, with the exception of Public Bearingar are approximate and may utart later than the scheduled time. 4629 Dakota St. S.E., Prior lake, Minnesota 55372 1 Ph. (612) 4474230 / Fax (612) 4474245 / q �ReG,P "CELEBRATE PRIOR LAKE'S CENTENNIAL - 1991" MEN T U � P M tNN 01 N PLANNING COMMISSION MINUTES FEBRUARY 21, 1991 The February 21, 1991, Prior Lake Planning Commission Meeting was called to order by Chairman Arnold at 7:30 P.M. Those present were Commissioners Loftus, Arnold, Wells, Roseth, Director of Planning Horst Graser, Assistant City Planner Deb Garross, Associate Planner Terrie Sandbeck, and Secretary Rita Schewe. Commissioner Kedrowski arrived at 7:33 P.M. ITEM I - REVIEW MINUTES OF. PREVIOUS :MEETING ;: MOTION BY ROSETH, SECOND BY WELLS, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ' ayes by 'Loftus, Arnold, Wells, and Roseth. MOTION CARRIED. Discussion followed on the Planning Commission Retreat. Comments were very favorable on the proceedings. A summary will be sent to the Commissioners. ITEM II - PAUL VIERECK - HOME OCCUPATION Paul Viereck, Viereck Fireplace Sales and Service, 3465 NW 140th Street, stated he is reapplying for a home occupation permit to continue selling and installation of fireplaces and accessories, saunas, hot tubs, spas, and whirlpool baths. A home occupation permit was originally granted on June 19, 1960, for display and sale of fireplaces and accessories and the permit expired as of 1985. Mr. Viereck didn't realize he had to reapply. Deb Garross presented the information as per memo of February 15. 1991 as written by Terrie. sandbeck, Associate :Planner. The applicant owns 10 acres on County Road 42 that is zoned A -1. This area could possibly be residential by the year 2010. Research conducted for a sign violation brought the home occupation expiration to light. Mr. Viereck does want to expand his business, if this is done he should consider moving to a commercial location. Staff's recommendation is to approve the Home Occupation, permit with strict conditions as outlined in the Planning Report. However, Staff requested than the hearing be continued to "allow Staff time to establish findings and to develop a contract to be signed by the applicant. The contract ;would specify the conditions under which the Home Occupation could continue. Staff 4629 Dakota St. S.E., Prior lake. Minnesota 55372 / Ph. (612) 4474230 / Fax (612, 4474245 An Equal Opportunity /Afflrmadce Action Emplgw PLANNING COMMISSION MEETING MINUTES FEBRUARY 21, 1991 PAGE 2 is concerned that any expansion of the Home Occupation beyond what exists today would qualify the operation as a business. Businesses are not permitted in the A -1 District. In the event the operation needs to expand, the applicant should relocate the business to an appropriately zoned business district. Comments from the Commissioners were; on types of merchandise sold, on -site inventory, complaints, and all concurred with Staff's recommendation and continuation of hearing. MOTION BY KEDROWSKI, SECOND BY LOFTUS, TO CONTINUE HOME OCCUPATION APPLICATION FOR PAUL VIERECK OF 3465 140TH STREET TO MARCH 7, 1991, AT 7 :35 P.M., AT WHICH TIME STAFF WILL PRESENT A FORMALIZED POLICY AND CONTRACT AGREEMENT. Vote taken signified ayes by Kedrowski, Loftus, .Wells, Arnold, and Roseth. MOTION CARRIED. ITEM III DALE SCHENIAN VARIANCE The Property Manager of Mr. Schenion's Company representing Mr. Schenian, stated they are requesting a 33 'foot lakeshore variance to construct a deck at 14120 Orchard Circle. Gilford Moen, Architect for Home Lumber . Co. 453 South ,Concord, St. Paul, was Deb Gar 1991. another mo of February 21, jurisdiction of ikeshore lot. The :sly 25 %. There Lnq setback of the it nor the City of Fronted for this [Jacent lot to the is a hardshi home, which is Prior Lake. site may - in1 southeast. Staff's re variance. within the time of con tree Comments from the of tree, no no with Staff's reco: ion is to approve a 29 foot lakeshore d allow the applicant to build a 16 foot deck envelope that was established in 1957 at the Staff feels that this approval would of the ordinance and would not be detrimental lfare of the community. It is possible a lose to the construction site may be lost. maissioners were on, the DNR's report, loss boyhood comments received, and all concurred MOTION BY KEDROWSKI, SECOND BY LOFTUS, TO APPROVE - -A 29 FOOT VARIANCE FOR 14120 ORCHARD CIRCLE. - RATIONAL 'BEING THAT THIS VARIANCE WOULD NOT BE BEYOND THE NON- CONFORMING SETBACK FOR THE SUBJECT SITE AT THE TIME OF .CONSTRUCTION, AND THE VARIANCE GRANTED WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD, AND IF THE TREE HAS TOBEREMOVEDTHAT A REPLACEMENT TREE BE PLANTED AT STAFF'S DISCRETION. PLANNING COMMISSION MEETING MINUTES FEBRUARY 21, 1991 PAGE 3 Vote taken signified ayes by Kedrowski, Loftus, Wells, Arnold, and Roseth. MOTION CARRIED. Public Hearing called to order at 8:30 P.M. Public was not in attendance. Horst Graser prey-rated the information on Zoning Ordinance Amendments. These amendments had been heard approximately one year ago but not approved by the Council. The amendments have to be reviewed at a Public Hearing again due to the year lapse of time that has occurred eince the initials Council reviewal. The Zoning Ordinances Amendments being: considered are 91 -.03, 91 -04, 91 -05, and 91 -06, which are attached as exhibits A, B, C, and D. Mr. Graser presented information on each amendment. Discussion by the Commissioners followed each presentation. On proposed, amendment 491 -03 the definitions for yards - front, side and rear the Commissioners requested Staff to redefine the wording to distinauish the differences between lakeshore property and 1ANCE- '91 -03.- FENCES MOTION BY KEDROWSKI, ORDINANCE 91 -03 CONSIDERATION. Vote taken signifi and Loftus. MOTION BY 'ROSETH, TO RECOMMEND ADOPTING )AWARD TO THE CITY 'COUNCIL FOP i by Kedrowski; Roseth, Wells, Arnold, 21xrx O:t -na - MAN" T"r CLEAR VIEN MOTION BY.KEDROWSKI, SECOND EY ROSE=, ORDINANCE 91 -04 AND FORWARD TO CONSIDERATION. Vote taken signified ayes by Kedrowssi, Loftus. MOTION CARRIED. END ADOPTING COUNCIL FOR s, Arnold and PLEXES MOTION BY KEDROWSKI, SECOND BY LOFTUS, TO RECOMMEND ADOPTING ORDINANCE 91 -05 AND FORWARD'` TO THE CITY COUNCIL FOP CONSIDERATION. Vote taken signified ayes by Kedrowski, Loftus, Wells, Arnold, Roseth, and Wells. MOTION CARRIED. PROPOSED AMENDMENT M4: ORDINANCE "91 -06- EXTERIOR LIGHTING MOTION BY XEDROWSKI, SECOND BY WELLS, TO RECOMMEND ADOPTING ORDINANCE 91 -06 AND FORWARD TO THE CITY COUNCIL FOP Vote taken signified ayes by Kedrowski, Wells, Roseth, Loftus, and Arnold. MOTION CARRIED. PLANNING COMMISSION MEETING MINUTES FEBRUARY 21, 1991 PAGE 4 MOTION BY LOFTUS, SECOND BY KEDROWSKI, TO CLOSE PUBLIC HEARING. Vote taken signified ayes by Loftus, Kedrowski, Arnold, Wells, and Roseth. MOTION CARRIED. Public Hearing adjourned at 9:24 P.M. MOTION BY KEDROWSKI, SECOND BY ROSETH, TO ADJOURN MEETING. Vote taken signified ayes by Kedrowski, Roseth, wells, Arnold, and Loftus. MOTION CARRIED. Meeting adjourned at 9:25 P.M. Tape of meeting on file at City Hall. Horst Graser Rita M. Schewe Director of Planning Recording Secretary CITY OF PRIOR LAKE ORDINANCE NO. 91 -03 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING ORDINANCE NO. 83 -6. The Council of the City of Prior Lake does hereby ordain: Prior Lake City Code Section 5- 5 -10(E) is hereby amended to read as follows: (E) In all districts, a fence six (61 feet high or shorter may be erected on the rear lot line, the side lot lines and return to the nearest front corner of the principal building. In residential districts, a fence not exceeding forty -two (42) inches in height and having an opacity of not more than twenty -five percent (259) may be erected on the front lot line and the side lot lines forward of a lire drawn ac , the front line of the principal building. Fences shall not be permitted in any right -of -way. Fences shall be constructed in a workmanlike manner, be of substantial material and reasonably suited for the intended purpose. Every fence shall be maintained on both sides in a condition of good repair and shall not remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Prior Lake Zoning Ordinance No. 83 -6, Section 6.10E, is hereby amended to read as follows: E. In all districts, a fence six (6) feet high or shorter may be erected on the rear lot line, the side lot lines and return to the nearest front corner of the principal building. In residential districts, a fence not exceeding forty -two (42) inches in height and having an opacity of not more than twenty -five percent (259) may be erected on the front lot line and the side lot lines forward of a line drawn across the front line of the principal building. Fences shall not be permitted in any right -of -way. Fences shall be constructed in a workmanlike manner, be of substantial material and reasonably suited for the intended purpose: Every fence shall be maintained on both sides in a condition of good repair and shall not remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Prior Lake City Code Section 5 -1 -7 is hereby amended by adding the following definitionst YARD, FRONT: A yard extending across the full width of the lot I nd lying between the front property line of the ot and the nearest parallel line drawn across the front of the principal building. YARD, REAR: A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest paraliel line drawn across the rear of the principal. building. YAPD, SIDE: A yard between the side line of the lot and the nearest line of the principal building and extending from the front line of the principal building to the rear line of the principal building. Prior Lake Zoning Ordinance No. 83 -6, Section 8.1, is hereby amended by adding the following definitions: YARD, FRONT - A yard extending across the full width of the lot and 1 ing between the front property tine of the lot and the nearest parallel line drawn across the front of the principal building. YARD, REAR - A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest parallel line drawn across the rear of the principal building. YARD, SIDE - A yard between the side line of the lot and the nearest line of the principal building and extending from the front line of the principal building to the rear line of the principal building. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this day of _ _, 1991. ATTEST, City enager - -- Wayor -- Published in the Prior Lake American on the _ day of , 1991. Drafted eyt Lommen, Nelson, Cole 6 Stageberg, P.A. 1800 IDS Center Minneapolis, Minnesota 55402 CITY OF PRIOR LAKE ORDINANCE NO. 91 -04 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING ORDINANCE NO. 83 -6. The Council of the City of Prior Lake does hereby ordain: Prior Lake City Code Section 5 -5 -10 is hereby amended by adding a new paragraph (I) which shall read as follows: (I) On corner lots in residential districts, no structure or planting in excess of one (1) foot above street center line grade, except fences that meet the requirements of Section 5- 5 -10(E) for front yard fences, shall be permitted within a triangular area defined ae followss Beginning at the intersection of the projeCLed property lines of two intersecting streets, thence forty (40) feet along one roperty line, thence diagonally to a point forty (�0) feet from the point of beginning on the other property line, thence to the point o_ beginning. Prior i,ake Zoning Ordinance No. 83 -6, Section 6.10, is hereby amended by adding a new paragraph I which shall read as follows: I. On corner lots in residential districts, no structure or planting in excess of one (1) foot above street center line grade, except fences that meet the requirements of Section 6.10E for front yard fences, shall be permitted within a triangular area defined as follows: Beginning at the intersection of the projected property lines of two intersecting streets, thence forty (40) feet along one property line, thence diagonally to a point forty (70) feet from the point of beginning on the other property line, thence to the point of beginning. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this day of , 1991. ATTEST: C y` aF—nnager Fayor Published in the Prior Lake American on the day of -- .._._.. —, 1991. Drafted By: Lommen, Nelson, Cole 6 Stagebeig, P.A. 1800 IDS Center CITY OF PRIOR LAKE ORDINANCE NO. 91 -05 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING ORDINANCE NO. 83 -6. The Council of the City of Prior Lake does hereby ordains Prior Lake City Code Section 5 -1 -7 is hereby amended as follows: The definitions of DWELLING UNIT and FAMILY are hereby amended to read as follows: DWELLING One (1) or more rooms designed or intended for UNITS occupancy as a single living unit, with sanitary, culinary and sleeping facilities, separate from those of other living units and intended for the exclusive use of a single family. A room shall be deemed a dwelling unit i.f it contains facilities for cooking, sleeping and eating, and if it can be separated from other rooms in the same building, if access can be gained without entering or passing through any living space of another dwelling unit, and if it is used for residential occupancy. FAMILY: One (1) or more persons related by blood, marriage, adoption or foster parent relation occupying a premises and living as a single housekeeping unit, or a group of not more than four (4) persons, not so related, occupying a premises and living as a single housekeeping unit. A definition of HOUSEKEEPING UNIT is hereby added which shall read as follows: HOUSEKEEPING All persons residing within a dwelling unit whose UNIT: relationship includes a substantial amount of social interaction, including the sharing of housekee ing responsibilities, expenses and the taking o meels together. Section 8.1 of Prior Lake Zoning Ordinance No. 83 -6 is hereby amended as followss The definitions of DWELLING UNIT and FAMILY are hereby amended to read as followss DWELLING UNIT - One (1) or more rooms designed or intended for occupancy as a single living unit, with sanitary, culinary and sleeping facilities, separate from those of other '.iving units and intended for the exclusive use of A single family. A room shall be deemed a dwel.lissg unit if it contains facilities for cooking, sleeping and eating, and if it can be separated from other rooms in the same building, if access can be gained without ontering or passing through any living space of another. dwelling unit, and if it is used for residential occupancy. FAMILY - One (1) or n-ore persons related by blood, marriage, adoption or tooter parent relation occupying a premises and living as a single housekeoping unit, or a group of not more than four (4) persons, not so related, occupying a premises and living as a single housekeeping unit. A definition of HOUSEKEEPING UNIT is hereby added which shall read as follows: HOUSEKEEPING UNIT - All persons residing within a dwelling unit ru_ationship includes a substantial amount of social interaction, including the sharing of housekeeping responsibilities, expenses and the taking of meals together. This ordinance shall become effective from and after its passage and publication. Passed by the City Counc.11 of the City of Prior Lake this day of , 1991. ATTESTi U Rant^NT li aye Published in t'.e Prior Lake American on the day of , 1991. Drafted By: Lommen, Nelson, Cole i Stageberg, P.A. 1800 IDS Center Minneapolis, Minnesota 55402 LOMMEN -NEL ON TEL NO. tl -di ou55 fEU 1 •al CITY OF PRIOR LAKE ORDINANCE NO. 91 -06 AN ORDINANCE AMENDING PRIOR LAKE CITY CODE AND PRIOR LAKE ZONING ORDINANCE NO. 83 -6. The Council of the City of Prior Lake does hereby ordain: A new Section 5 -5 -13 is hereby added to Prior Lake City Code to read as follows: 5 -5 -73: EXTERIOR LIGHTING: (A) Exterior lighting shall be designed and arranged to limit direct illumination and glare upon or into any contiguous parcel or other lnkeshore property Mitigative measures shall be employed to limit glare and spill light to protect neighboring parcels and to mai.nta ?.n traffic safety on public roads. These measures shall include, but not be limited to, lenses, shields, louvers or prismatic control devices that are designed to concentrate illumination on the property of the owner or operator of said lighting or illuminating devices. Public street lights installed in public right -of -ways shall be excepted from these standards. (Fi) The City may limit the hours of operation of outdoor lighting if it is deemed necessary to reduce negative impact on the surrounding neighborhood. A new Section 6.13 is hereby added to Prior Lake Zoning Ordinance No. 83 -6 to read as follows: 6.13 EXTERIOR LIGHTING: A. Exterior lighting shall be designed and arranged to limit direct illumination and glare upon or Into any contiguous parcel or other lnkeshore ppro erty. Mitigative measures shall be employed to limit glare and spill light to protect neighboring parcels and to maintain traffic safety on public roads. These measures shall include, but not be limited to, lenses, shields, louvers or prismatic control devices that are designed to concentrate illumination on the property of the owner or operator of said lighting or illuminating devices. Public street lights installed in public right -of -ways shall be excepted from these standards. B. The City may limit the hours of operation of outdoor lighting if it is deemed necessary to reduce negative impact on the surrounding neighborhood. LUMMEN NELSUN TEL No. 61[ 7 4j 6055 Feb 15.'il y U4 F.!: This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this day of 1991. ATTEST: U — It — y — ager - -- Mayor` Published in the Prior Lake American on the _ day of 1991. Drafted Byi Lommen, Nelson, Cole 6 Stageberg, P.A. 1800 IDS Center Minneapolis, `.nnesota 55402