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Home My WebLink About1991 October Planning Commission Minutesn- 7:30 P.M. 7:30 P.M. 7:30 P.M. 8:00 P.M. HERITAGE 84! COi`✓ 1991 REGULAR PLANNING COMMISSION MEETING AGENDA OCTOBER 3, 1991 CALL TO ORDER 2091 REVIEW MINUTES OF PREVIOUS MEETING HEARING VARIANCE KEITH KOESTER DISCUSSION * indicates a Public Hearing WADE ALLISON All times stated on the Planning Comission Aqenda, with the exception of Public Hearings, are approximate and may start later than the scheduled time. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 V HERITAGE 1891 COMMUNITY 1991 PLANNING COMMISSION MINUTES OCTOBER 3, 1991 20y1 The October 3, 1991, Planning Commission Meeting was called to order by Chairman Loftus at 7:30 P.M. Those present were Commissioners Loftus, Arnold, Kedrowski, Roseth, Director of Planning Horst Graser, and Secretary Rita Schewe. ITEM I - REVIEW MI OF PREVIOUS MEETING Chairman Loftus suggested a change on page 3, paragraph 6, the word "census" be changed to "The consensus ". MOTION BY KEDROWSKI, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS AMENDED. Vote taken signified ayes by Kedrowski, Loftus, Arnold, and Roseth. MOTION CARRIED. ITEM II - KEITH KOESTER - LAKESHORE AND SIDEYARD VARIANCES Keith Koester, 16158 Lakeside Avenue S.E., stated he removed an old and unsafe deck. Upon constructing a new deck, he was informed by the Building Inspector that he would need a building permit and variance. He did not change the dimensions of the deck from the previous construction. He is now requesting the variances to return the structure to a legal non - conforming status. Horst Graser presented the information as per memo of October 3, 1991. The applicant is requesting a 44 foot lakeshore variance, a 2.5 foot east side yard variance, and a 3.5 foot west side yard variance for a 12 X 28 foot deck he had constructed. Once a legal non - conforming structure is removed, all future structures must be conforming. The subject site is a pis shaped substandard lakeshore lot platted in the 1920 The deck is the only level open space adjacent to the rear of the house and is essential to the full enjoyment of lake living. Staff recommends approval of the variances as specified since the deck was not enlarged, does not interfere with private apace of adjoining uses and is not detrimental to the general health and welfare of the community. Comments from the Commissioners were on deck size, topographical area, and an existing condition. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 1 Ph. (612) 447 -4230 / Fax (612) 447 -4245 PLANNING COMMISSION MEETING MINUTES OCTOBER 3, 1991 PAGE 2 MOTION BY ARNOLD, SECOND BY KEDROWSKI, TO APPROVE A 2.5 FOOT EAST SIDE YARD VARIANCE, A 3.5 FOOT WEST SIDE YARD VARIANCE, AND A 44 FOOT LAKESHORE VARIANCE FOR 16158 LAKESIDE AVENUE S.E. RATIONALE BEING THAT THE TOPOGRAPHY OF THE LAND NECESSITATES A DECK, WILL NOT INTERFERE WITH THE PRIVATE SPACE OF ADJOINING AREAS AND IS NOT DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD. Vote taken signified ayes by Arnold, Kedrowski, Roseth and Loftus. MOTION CARRIED. ITEM III - WADE ALLISON - DISCUSSION Mr. Graser recapped Item III that had been tabled from the last meeting. The reason Mr. Allison is asking for this discussion is that at the time he received the variance to construct a garage in 1989, he didn't realize that one of the conditions was to remove the old driveway. He now wants to poll the Commissioners to see if they would rescind this condition if he would apply for an amendment to the motion. Comments from the Commissioners were on; precedent set if motion is rescinded, possible objections by neighbors drainage problems, profuse amount of items accumulating In yard, and possible alternatives explored. Final consensus was that if the applicant wishes to apply for an amendment to the original variance, he may do so with the understanding that the neighbors will be notified and the decision may stay as recorded. Chairman Loftus suggested to Mr. Allison that he submit pictures with his application if he chooses to apply. Mr. Graser updated the Commissioners on the Comprehensive Plan progress, upcoming Council Workshop, and topics of discussion for the Planning Commission Retreat. The Commissioners suggested the first weekend in February should be considered and possible speakers be Planners from Shakopee, Savage, and Mdewakanton Sioux Community. MOTION BY KEDROWSKI, SECOND BY ARNOLD, TO ADJOURN MEETING. Vote taken signified ayes by Kedrowski, Arnold, Roseth and Loftus. MOTION CARRIED. Meeting adjourned at 8:30 P.M Hall. Tape of meeting on file at City Horst Graser Director of Planning Rita M. Scheme Recording Secretary HERFAGE Y 1891 ] OCTOBER 17, 1991 COMMUNITY 1991 7:30 P.M. CALL TO ORDER 7:30 P.M. .WIEiV MINUTES Cr PREVIOUS MEETING 7:30 P.M. HEARING VARIANCES - PRONP, LAiMSWRE, SIDEYFM i LOT CWERM 7s45 P.M. HEARING VARIANCES - FRONT, LAKESHM, SIDEEM, i LOT 07fiarGE * Indicates a Public Nearing Z)09/ All times stated on the Planning Commission Agenda, with the exception of Public Hearings, are approximate and may start later than the ac;beduled time. 4629 Dakota St. S.E., Prior Lake, Minnesota 5.5372 / Ph. (612) 4474230 / Fax (612) 4474245 PRIr� J m, \ ' T tir.�o/ HERITAGE COMMUNITY 1891 1991 2091 PLANNING COMMISSION MINUTES OCTOBER 17, 1991 The October 17, 1991, Planning Commission Meeting was called to order by Chairman Loftus at 7:30 P.M. Those present were Commissioners Loftus, Kedrowski, Wells, Roseth, Director of Planning Horst Graser, Associate Planner Sam Lucast, and Secretary Rita Schewe. Commissioner Arnold was absent. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY KEDROWSKI, SECOND BY ROSETH, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Kedrowski, Loftus, Arnold, and Roseth. MOTION CARRIED. Commissioner Wells abstained as she was not present at the previous meeting. ITEM II -TOM KEARNEY - FRONT. LAKESHORE, SIDEYARD, LOT COVERAGE AND MINIMUM LOT SIZE VARIANCES Tom Kearney, 9090 McColl Drive, Savage, stated that his family has owned the property at 6424 Conroy Street for many years and now wishes to remove the existing cabin and deck to construct a single family home. He is requesting several variances to be able to build a home. In 1985 he purchased 25 feet from Lot 48 thereby increasing his lot frontage to 74 feet. Horst Graser stated that the minimum lot size variance had been omitted from the application and that it be amended to include the 1,927 square foot variance. The Commissioners were in agreement with the request. Sam Lucast presented the information as per memo. The applicant is requesting a 43 maximum lot coverage variance, a 6.5 foot front yard variance, a 2.5 foot east side yard variance a 45.7 foot lakeshore variance, and a 1,927 square foot minimum lot size variance. The area was platted in the 1920's and consists of extremely small lots. The subject site is one and a half lots and contains 5,573 square feet. The area is developed with single family dwellings and older cabins. Current setback requirements would render the subject site non - buildable. The DNR has no objections to the application. Recommendation from Staff is to approve the variances as requested. The hardship is not caused by the applicant nor the City of Prior Lake. The site was subdivided and developed under another government jurisdiction. The property has been assessed for water and sewer, the variances requested would not be detrimental to the public health and welfare and are consistent with previous applications in this particular neighborhood. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 1 Ph. (612( 447 -4230 / Fax (612) 447 -4245 PLANNING COMMISSION MEETING MINUTES OCTOBER 17, 1991 PAGE 2 Comments from the Commissioners were on; size of house on the lot, the established precedent for granting some degree of variance on substandard lots, and commended the applicant on his plan that conforms to required setbacks more than the existing cabin. MOTION BY WELLS, SECOND BY ROSETH, TO APPROVE THE FOLLOWING VARIANCES FOR 6424 CONROY STREET, A 4% MAXIMUM LOT COVERAGE VARIANCE, A 6.5 FOOT FRONT YARD VARIANCE, A 2.5 FOOT EAST SIDE YARD VARIANCE, A 45.7 FOOT LAKESHORE VARIANCE, AND A 1,927 SQUARE FOOT MINIMUM LOT AREA VARIANCE. THE RATIONALE BEING THAT THE HARDSHIP WAS CREATED BY CITY ORDINANCES, NOT THE APPLICANT AND LITERAL ENFORCEMENT WOULD CREATE UNREASONABLE HARDSHIP FOR THE APPLICANT. Vote taken signified ayes by Wells, Roseth, Kedrowski, and Loftus. MOTION CARRIED. ITEM III RUSSELL DEVOS - FRONT LAKESHORE SIDEYARD AND LOT COVERAGE VARIANCES Russell DeVos of 12825 Apple View Lane, Burnsville, stated he is requesting several variances in order to build a new home on Lot 34 and the east 5 feet of Lot 33, Lakeside Park. Kathy Farquharson, Architect for the applicant presented the plans for the house discussing the design relative to the lot. Harold Skjelbostad, representing the landscaping firm retained by the applicant discussed the erosion control and site planting plan indicating that the drainage concerns expressed by Staff had been addressed and incorporated into the design. Sam Lucast presented the information as per memo of October 17, 1991. The applicant is requesting a 98 lot coverage ratio variance, a 5 foot west side yard variance, a 15 foot lakeshore variance, and a 12 foot front yard variance to construct a single family home. The lot was platted in the 1920 and is a substandard lot by today's standards. The erosion control and planting plans have addressed Staff's concerns. The runoff water from the house and driveway will feed into underground pipes and daylight at the 904 elevation which will have rip rap to prevent erosion. DNR has no objections to the application. The driveway will provide room to exit the garage and pull out onto the street thus allowing safer egress for the applicant and does not present a safety hazard for other motorists. Staff recommends approval of all requested variances. Jay Drew Caruso, 16186 Lakeside Avenue, voiced his concern that the applicants garage would obstruct his view when backing out onto the street thereby causing a safety hazard. Comments from the Commissioners were on; erosion and planting plans, difficult lot to develop, house plan appropriate for lot, caution signage for street, neighbors concerns on clear view angle, obstruction caused by shrubbery, construction schedule, and that the variances are justified. PLANNING COMMISSION MEETING MINUTES OCTOBER 17, 1991 PAGE 3 Horst Graser suggested that the City would have the site lines surveyed to identify any safety issues and inform Mr. CAruso of the outcome. MOTION BY ROSETH, SECOND BY WELLS, TO APPROVE THE FOLLOWING VARIANCES FOR 16176 LAEESIDE AVENUE, A 9$ LOT COVERAGE RATIO VARIANCE, A 5 FOOT WEST SIDE YARD VARIANCE, A 15 FOOT LAKESHORE VARIANCE AND A 12 FOOT FRONT YARD VARIANCE TO CONSTRUCT A SINGLE FAMILY DWELLING SUBJECT TO STAFF REVIEW ON THE GARAGE SITELINE, ALSO THE EROSION CONTROL AND PLANTING PLAN AS SUBMITTED BY THE APPLICANT BE INCORPORATED INTO THE CONDITIONS OF APPROVAL. RATIONAL BEING THAT THE LOT IS SUBSTANDARD, VARIANCES ARE REASONABLE, THE HARDSHIP WAS NOT CREATED BY THE APPLICANT, AND THE VARIANCES WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD. A friendly amendment to the motion was made by Commissioner Loftus and accepted by Commissioners Roseth and Wells, THAT IF THE SITE LINE REVIEW BY STAFF SHOWS THAT THE DEVOSS HOME AND GARAGE DO NOT COMPROMISE MR. CARUSO SIGHT LINES, THEN THE BUILDING PERMIT CAN BE ISSUED. STAFF'S FINDINGS ARE TO BE SUBMITTED TO THE PLANNING COMMISSION AT THE NOVEMBER 7, 1991 MEETING. Vote taken signified ayes by Roseth, Wells, Kedrowski, and Loftus. MOTION CARRIED. MOTION BY KEDROWSKI, SECOND BY WELLS, TO ADJOURN MEETING. Vote taken signified ayes by Kedrowski, Wells, Loftus, and Roseth. MOTION CARRIED. Meeting adjourned at 9:20 P.M Hall. Tape of meeting on file at City Horst W. Graser Director of Planning Rita M. SCheWO Recording Secretary