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HomeMy WebLinkAbout1991 September Planning Commission MinutesHERITAGb CUMMUNITY IR9/ 1991 r i 7:30 P.M. CALL 10 ORDER 7:30 P.M. 1 MINMES OF PREVIOUS MEETIM 7:30 P.M. HEARING LAKESHORE VARIANCE JOAN EOEENAW 7145 P.M. HPPM M WP AREA AND LOP OOVMZ DAVID vaaAm * Indicates a Public Hearing All times stated on the Planning Cowin ion Agenda, with the exception of Public Hearings, are approximate and may start later then the schedcled time. 4629 Dakota St. S.E., Prior Cake, Minnesota 55372 1 Ph. (612) 4174230 / Fax (612) 4474245 HER17AGF /891 COMMUNITY 1991 PLANNING COMMISSION MINUTES SEPTEMBER 5 1991 It<` J O? I 209/ The September 5, 1991, Planning Commission Meeting was called to order by Chairman Arnold at 7:30 P.M. Those present were Commissioners Loftus, Arnold, Kedrowski, Wells, Roseth, Assistant City Planner Deb Garross, Associate Planner Sam Lucast, and Secretary Rita Schewe. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY KEDROWSKI, SECOND BY LOFTUS, TO APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Kedrowski, Loftus, Arnold, Wells, and Roseth. MOTION CARRIED. ITEM II - JOAN KUHLMANN - LAKESHORE VARIANCE George Kazika, 6064 - 150th St. S.E., contractor, represented the applicant Joan Kuhlmann of 14223 Shady Beach Trail. Mr. Kazika stated that upon applying for a building permit to replace an existing deck a variance would be needed as the applicant wished to build a larger structure. Sam Lucast presented the information as 1991. The applicant is requesting a to construct a 14 X 14 foot three seaso: 12 foot deteriorated deck. The ho annexed into Prior Lake in 1974. There the DNR. The Planning Commission qra 14120 Orchard Circle in February 1991,: the subject site. The neighborhood structures that are built at Varian Recommendation from Staff is to approv the character of the neighborhood and cause a negative impact. per memo of September 5, 6 foot lakeshore variance porch to replace a 12 X ,se was built in 1969 and were no objections from &ed a 29 foot variance to hick is two lots east of contains several existing :e to the 904 contour. the application based on the variance would not Comments from the Commissioners were on style of deck location of steps and sliding door, replacement of tree If removed, landing platform size, and comments from neighbors. 4629 Dakota St. S.F., Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245 PIANNING COMMISSION MEETING MINUTES SEPTEMBER 5, 1991 PAGE 2 MOTION BY KEDROWSKI, SECOND BY LOFTUS, TO APPROVE A 16 FOOT VARIANCE FOR A THREE SEASON PORCH AT 14223 SHADY BEACH TRAIL WITH A STAIR CASE AND LANDING NOT TO EXCEED FOUR (4) FEET IN WIDTH EXTENDED TOWARD THE LAKE. RATIONALE BEING THAT THE SUBJECT SITE WAS UNDER ANOTHER GOVERNMENT JURISDICTION WHEN BUILT AND THE VARIANCE WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD. THE APPLICATION WOULD NOT BE OUT OF CHARACTER WITH A PREVIOUSLY GRANTED VARIANCE. THE REPLACEMENT OF A TREE IF REMOVED, WOULD BE AT THE DISCRETION OF STAFF. Vote taken signified ayes by Kedrowski, Loftus, Wells, Roseth, and Arnold. MOTION CARRIED. Recess called at 8:00 p.m. Reconvened at 8:03 p.m. ITEM III - DAVID VOXLAND - LOT AREA AND LOT COVERAGE VARIANCE David Voxland, Box 47361, Plymonth, MN, stated he is requesting a minimum lot area and coverage variance to build a new home on Lot 16. He was led to believe by a sales agent that lot area variances were granted routinely, had he known there was a problem he would have bought only one lot. Deb Garross presented the information as per memo of September 5, 1991. The subject site is one of two lots that are currently under common ownership. The applicant desires to remodel the cabin on Lot 15, and obtain a lot area variance to build a single family home on Lot 16. The site is located in a neighborhood that was subdivided in 1928 into predominately 50 foot lots. The roads, drives, walks and waterfront were dedicated to the property owners within the plat and are privately maintained. The most critical issues that will impact the neighborhood are lot drainage, dust control and density of development. This application is in conflict with the objectives of the Zoning Code. After conferring with the City Attorney, it is the staff's recommendation to deny the 3,625 square foot lot area variance as the hardship is caused by the di applicant's actions and not the actions of the City nor the Ornance. Staff did not receive any comments from DNR, therefore they are deemed to have no objection. A letter from Gretchen Deiner, 3803 Green Heights Trail, objecting to the variance was read into the record. Curt Deiner, 3803 Green Heights Trail, stated that he opposed the application as it is in violation of the City Ordinance that requires lot size to be 10,000 square feet and this lot is 6375 square feet, size of the house to the lot would be in violation of City Code and a large maple tree would have to be destroyed. Drainage is a problem also. Gretchen Deiner, 3803 Green Heights Trail, presented a petition signed by residents on Green Heights Trail and Roosevelt Street PLANNING COMMISSION MEETING MINUTES SEPTEMBER 5, 1991 PAGE 3 objecting to the construction of a single family home on the subject lot. Jerry Benzel, 3780 Green Heights Trail, objected to the application. Also stated the drainage is a prob.'em. Carter Narveson, 3845 Green Heights Trail, said that the cabin on Lot 15 is too old and should be removed and only one home built on the combined lots. Vera Benzel, 3780 Green Heights Trail, wanted to affirm want had been said and that it would a mistake to destroy the tree when a house could be built on the combined lots without removing it. comments from the Commissioners were that the property was bought under the existing ordinance in July 1991, drainage and road problems, removal of tree, previous cases and precedent set. Concurred with Staff's recommendation. MOTION BY KEDROWSKI, SECOND BY LOFTUS, TO DENY THE VARIANCE APPLICATION FOR LOT AREA AND LOT COVERAGE VARIANCE FOR 3821 GREEN HEIGHTS TRAIL, LOT 15, LOT 16 AND PORTION OF LOT 6, GREEN HEIGHTS TRAIL AS THIS APPLICATION IS IN VIOLATION OF THE CITY ZONING ORDINANCE. RATIONAL BEING THAT THE SUBJECT SITE IS NOT LAKESHORE THEREFORE 10,000 SQUARE FEET IS REQUIRED AND THE APPLICANT BECAME THE OWNER IN JULY OF 1991 AND IS SUBJECT TO THE RULES OF THE ORDINANCE. Vote taken signified ayes 1,2 Xedrowski, Loftus, Roseth, Wells, and Arnold. MOTION CARRIED. MOTION BY KEDROWSKI, SECOND BY LOFTUS, TO REQUEST THE CITY ATTORNEY TO DEFINE THE ORDINANCE REGARDING COMBINING OF ADJOINING PROPERTY. vote taken signified ayes by Kedrowski, Loftus, Wells, Roseth, and Arnold. MOTION CARRIED. ITEM IV - REORGANIZATION OF PLANNING COMMISSION Commissioner Kedrowski nominated Commissioner Tom Loftus for Chairperson. MOTION BY KEDROWSKI, SECOND BY ROSETH TO CLOSE THE NOMINATIONS. Vote taken signified ayes by Roseth, Wells, Arnold, and Kedrowski. Commissioner Loftus abstained. MOTION CARRIED. commissioner Loftus nominated Commissioner Mary Ellen Wells for vice - Chairperson. MOTION BY KEDROWSKI, SECOND BY LOFTUS, TO CLOSE NOMINATIONS. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 5, 1991 PAGE 4 Vote taken signified ayes by Kedrowski, Loftus, Arnold, and Roseth. Commissioner Wells aostained. MOTION CARRIED. MOTION BY KEDROWSKI, SECOND BY LOFTUS, TO ADJOURN MEETING. Vote taken signified ayes by Kedrowski, Roseth, Loftus, Arnold, and Wells. MOTION CARRIED. Meeting adjourned at 9:00 P.M Hall. Tape of meeting on file at City Deb Garross Assistant City Planner Rita M. Schewe Recording Secretary HERITAGE 18591 COMMUNITY 1991 2091 RBGULAR PLANNING COMMISSION MEETING SEPTEMBER 19, 1991 7:30 P.M. CALL TO ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING 7 -30 P.M. REARING SIDE YARD VARIANCE BARRY SIM * 7:45 P.M. PUBLIC REARING ZONING ORDINANCE AMENDMENTS STAFF 8:15 P.M. HEARING BRM OCCUPATION GABRIELE FRANKLIN 8:30 P.M. DISCUSSION PREVIOUS VARIANCE WADE ALLISON * Indicates a Public Bearing All times stated on the Planning C aission Agenda, with the exception Of Public Bearings, are approximate and may start later than the scheduled time. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Ru (612) 447 -4245 s� HER1JAG; /891 r, i Y 1991 PLANNING COMMISSION MINUTES SEPTEMBER 19, 1991 'i i 'h W The September 19, 1991, Planning Commission Meeting was called to order by chairman Loftus at 7:30 P.M. Those present were Commissioners Loftus, Arnold, Kedrowski, Wells, Roseth, Director of Planning Horst Graser, Assistant City Planner Deb Garross, Associate Planner Sam Lucast, and Secretary Rita Schewe. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING Chairman Loftus noted two typographical errors on page 3, paragraph 4, to change the word "want to what" and insert the word "be" between the words would and a. MOTION BY WELLS, SECOND BY KEDROWSKI TO APPROVE THE MINUTES AS CORRECTED. Vote taken signified ayes by Kedrowski, Loftus, Arnold, Wells, and Roseth. MOTION CARRIED. ITEM II - BARRY SMITH - SIDEYARD VARIANCE Barry Smith, 2675 Center Road SW, stated he would like to build a double detached garage in the front of his residence. Staff had advised him that an alternate plan should be considered to attach the garage to the house for aesthetic purposes. Mr. Smith preferred his original plan because it would be less costly, in line with the house, and he is intending to build a patio between the house and garage. A letter from the Pat Lynch, DNR dated September 16, 1991, was read into the record stating he had no objections to the variance from the Shoreland Management prospective but felt the garage could be located elsewheres thus eliminating the need for a variance entirely. Sam Lucast, Associate Planner presented the information as per the memo of September 19, 1991. The applicant is requesting a four (4) foot easterly sideyard variance from the ten (10) foot setback to build a 24 26' detached garage. The subject site is located in an area containing many lots that are substandard. The house was granted variances on both sides when constructed. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245 IAhN7NG COMB4TZSION MEETING MINUTES SEPTEMBER 19, 1991 PAGE 2 Greater side and front yard variances have been granted in the past for front yard garages on substandard lots such as this one. Also the lack of a garage in this climate constitutes a hardship. Staffs' concerns are the architectural and aesthetic impact of a detached garage dominating a small substandard lot and urges the applicant to consider alternate plans. Recommendation from Staff .s to approve the variance application. Comments from the Commissioners were on future road improvements, drainage, size of garage and location. MOTION BY ROSETH, SECOND BY ARNOLD, TO APPROVE A FOUR (4) FOOT VARIANCE FROM THE EASTERLY 10 FOOT SIDEYARD SETBACK FOR 2875 CENTER ROAD AS SUBMITTED, RATIONALE BEING THAT HARDSHIP IS CAUSED BY THE SUBSTANDARD LOT, IS IN KEEPING WITH AREA AND WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE TO THE NEIGHBORHOOD. Public Hearing was called to order at 8:04 P.M. by Chairman Loftus. Deb Garross presented the information on four amendments to the following: Exhibit 1- Amendment to Prior Lake City Code Section 5- 8 -3(B) and Prior Lake Zoning Ordinance 83 -6 Section 9.3(B)- Substandard Lots, Language to clarify the intent of the Ordinance. Exhibit 2- Amendment to Prior Lake City Code Section 5- 4 -1(C) and Prior Lake Zoning Ordinance 83 -6 Section 4.1(J) -Lots of Record, Change language related to Lots of Record. Exhibit 3- Amendment to Prior Lake City Code Section 5- 4 -1(J) and Prior Lake Zoning Ordinance 83 -6 Section 4.1(J)- Setback Averaging, as there are two similar worded paragraphs, recommendation is to delete one paragraph and retain the Shoreland Management paragraph which is much more specific and a better definition. Exhibit 4- Amendment to Prior Lake City Code Section 5- 8 -3(E)3 and Prior Lake Zoning Ordinance 83 -6 Section 9.3(E)3- Construction of decks, language was inadvertently left in when adopted in 1987, an amendment is proposed to delete paragraph which is not allowed by the City of Prior Lake. Ms. Garross explained in detail on the proposed amendment for Exhibit #1. When Shoreland Management was adopted the lot size standards changed to:Lakeshore lots, 15,000 square feet and non - lakeshore lots 10,000 square feet. DNR did allow Prior Lake to adopt a substandard lot size as many of the lots were smaller. The intent of the proposed amendment is to decrease the amount of building on lakes by combining substandard lots. The interpretation of the substandard lots regarding common ownership has been an issue since 1987. This amendment would clarify that interpretation. DNR will be implementing new regulations in 1993, if the City of Prior Lake does not have an ordinance in place, the city could be forced to adopt the DNR's regulations PLANNING COMMISSION MEETING MINUTES SEPTEMBER 19, 1991 PAGE 3 - - .hich would be more restrictive than what is proposed at this time. Other cities contacted have larger lakeshore lots but have a more restrictive ordinance than Prior Lake. A recess was called at 8:34 P.M. Public Hearing was reconvened at B:40 P.M. David Brown, Attorney with Jaspers, Moriarty, & Wahlberg, 206 Scott St., Shakopee, MN, Attorney represented Harold Dellwo Jr. of 4287 Grainwood Circle objected to the proposed amendment as his client would lose financially. Suggested that the Commission wait until 1993 to adopt the amendment. Larry Schommer, 16588 Ramsey Avenue, stated he has three 50 foot lots and wants to divide into two lots and is in favor of the amendment. Jerry Sullivan, 16063 Northwood Road NW, stated he was told when he bought two lots that both were buildable but according to the proposed amendment he would no longer be allowed to build on the second lot. Discussion followed by the Commissioners on the pros and cons of the proposed amendment. Census was that a c(�"—se of action had to be taken to clarify the amendment. Kenneth Lillyblad, 16287 Lakeside Avenue SE, nad a question on lots he owns on Pleasant Street. MOTION BY ARNOLD, SECOND BY ROSETH, TO RECOMMEND TO THE CITY COUNCIL TO ADOPT THE AMENDED LANGUAGE TO PRIOR LAKE CITY CODE 5- 8 -3(B) AND PRIOR LAKE ZONING ORDINANCE NO. 83 -6 SECTION 9.3(B) AS OUTLINED IN THE DRAFT MARKED EXHIBIT 1 PRESENTED SEPTEMBER 19, 1991, ALSO RECOMMEND THAT THIS BE IMPLEMENTED JUNE 1, 1992. Discussion followed on the motion, Chairman Loftus requested that the City Council be aware of the testimony presented by Jerry Sullivan in regards to lot frontage facing the road be changed to 50 feet. Vote taken signified ayes by Arnold, Roseth, Wells, Kedrowski, and Loftus. MOTION CARRIED. Due to the late hour and there are two remaining items on the agenda, a recommendation by Mr. Graser stating that Items 4 & 5 be presented after which the Public hearing could be called back to order. Recess called at 9:40 P.M. Reconvened at 9:42 P.M. ITEM 4 - GABRIELE FRANKLIN - HOME OCCUPATION Gabriele Franklin, 15220 Eagle Creek Avenue, stated she is requesting a home occupation permit to continue a hobby of beaded earrings, handmade jewelry and artcraft. The business would be housed in the former Prior Lake Depot building that was moved onto their property. The studio would be open approximately two days per week and the traffic would be held to a minimum. Her orders now are mail order and by invitation only. Ms. Franklin I'I.At7N It]G COMMISSION MEETING MINUTES SEPTEMBE`.a 19, 1991 PAGE 4 Dutli.ned the criteria in a home occupation application and feels t.;.at her application meets that criteria. Sam Lucast presented the information as per memo of September 19, 1991. The location of the proposed business is on a 2 1/2 acre lot with direct access to County Road 21. This parcel is zoned A -1 Agricultural but the Prior Lake Comprehensive Plan projected for this area is R -1 Urban Residential in the 2010 Urban Service Area. The applicant has addressed the guidelines of the home occupation competently. The retail aspect of the application is not consistent with the intent of the Home Occupation. Staff recommends denial of the retail portion and suggests that distribution be limited to wholesaling, mailorder and direct retail for off site locations. Andrew Franklin, 15220 Eagle Creek Avenue, wished to assure the Commissioners that traffic would not be a problem and would not increase retail sales. This would be considered a work shop and display area. Comments from the commissioners were, on days open, traffic on County Road 21 and retail sales. MOTION BY WELLS, SECOND BY KEDROWSKI, TO APPROVE A HOME OCCUPATION APPLICATION FOR 15220 EAGLE CREEK AVENUE THE MANUFACTURING AND LIMITED RETAIL SUBJECT TO THE FOLLOWING CONDITIONS: 1. THE HOME OCCUPATION PERMIT IS GRANTED IN PART, BECAUSE THE PROPERTY IS LARGE, CONSISTENTLY OF APPROXIMATELY 2 ACRES AND IS WELL SCREENED FROM ADJACENT PROPERTIES. 2. THE OLD "DEPOT" BUILDING IS AN ACCESSORY STRUCTURE ON THE PROPERTY WHICH WILL HOUSE THE HOME OCCUPATION AND SERVE AS AN ART STUDIO. 3. EMPLOYEES WILL BE LIMITED TO GABRIELLE AND ANDREW FRANKLIN. 4. ONE, TWO SQUARE FOOT SIGN INDICATING THE HOME OCCUPATION WILL BE PLACED ON THE PROPERTY COMPLIANT WITH THE SIGN ORDINANCE. 5. ARTWORK, EARRINGS, AND WOOD CARVINGS WILL BE MADE ON -SITE AND SOLD ON -SITE BY THE APPLICANT. 6. THE HOME OCCUPATION WILL BE OPEN A MAXIMUM OF TWO WEEK DAYS DURING THE HOURS OF 9:00 A.M. TO 3:00 P.M. AND WILL NOT BE OPEN DURING MORNING AND EVENING RUSH HOUR. THE HOME OCCUPATION WILL BE OPEN ON WEEKENDS FOR LIMITED HOURS. THE APPLICANT ANTICIPATES A MAXIMUM OF 20 HOURS PER WEEK FOR THE STUDIO TO BE OPEN TO THE PUBLIC. 7. PARKING FOR 4 CARS IS PROVIDED ON -SITE WITH A TURNAROUND TYPE DRIVEWAY. NO OFF STREET PARKING WILL BE PERMITTED. 8. THE SUPPLIES FOR THE HOME OCCUPATION WILL BE PICKED UP BY THE APPLICANT WITH LIMITED SPORADIC UPS DELIVERIES. rJJANNING COMMISSION MEETING MINUTES SEPTEMBER 19, 1991 PAGE 5 'PHE APPLICANTS VIEW THE OPERATION e.5 AN ARTISTIC, NOT A RETAIL OPERATION. AS SUCH, IF PROBLEMS ARISE THAT COMPROMISE THE RESIDENTIAL CHARACTER OF THE NEIGHBORHOOD DUE TO THE OCCUPATION, THE APPLICANTS AGREE TO DISCONTINUE SALES TO THE GENERP.L PUBLIC AND WILL DISTRIBUTE WORKS THROUGH MAIL ORDER ON A PRIVATE INVITATION ONLY. 10. THE HOME OCCUPATION WILL BE REVIEWED ON AN ANNUAL BASIS ON CITY STAFF. IF PROBLEMS ARISE OR COMPLAINTS REGARDING THE OCCUPATION ARE RECEIVED, THE APPLICANT WILL NEED TO APPEAR BEFORE THE PLANNING COMMISSION FOR FORMAL REVIEW OF THE HOME OCCUPATION PERMIT. vote taken signified ayes by Wells, Kedrowski, Arnold, Loftus and Roseth. MOTION CARRIED. ITEM 5 - WADE ALLISON - DISCUSSI ON PREVIOUS VARIANCE Horst Graser presented information to the Commissioners regarding a variance granted to Wade Allison of 4330 Dakota Street. Mr. Allison felt he did not have time to object to a condition put into the motion of removing the driveway. He would now like to poll the Commissioners and if his application would be reconsidered to amend his variance as he now wishes to retain the driveway. Comments from the Commissioners were to table the request to give them time to look at the property. MOTION BY LOFTUS, SECOND BY ROSETH, TO TABLE THIS ITEM TO THE NEXT MEETING TO BE HELD OCTOBER 3, 1991. Vote taken signified ayes by Loftus, Roseth, Arnold, Kedrowski and Wells. MOTION CARRIED. PUBLIC HEARING RECALLED TO ORDER AT 10:25 P.M. Deb Garross presented outlined the information on Exhibit 2. Kenneth Lillyblad, 16287 Lakeside Avenue, had a question on a lot he owns. MOTION BY ARNOLD, SECOND BY ROSETH, TO RECOMMEND TO CITY COUNCIL TO ADOPT APPROVAL OF THE AMENDED LANGUAGE TO PRIOR LAKE CITY CODE 5- 4 -1(C) AND ZONING ORDINANCE NO.83 -6 SECTION 4.1(C) AS OUTLINED IN THE DRAFT EXHIBIT 2 AS PRESENTED SEPTEMBER 19, 1991. Vote taken signified ayes by Arnold, Roseth, Wells, and Loftus. MOTION CARRIED. Commissioner Kedrowski was not present at the time of the motion. Deb Garross outlined the information on Exhibit 3; Averaging Setbacks. MOTION BY ROSETH, SECOND BY KEDROWSKI, TO RECOMMEND TO CITY COUNCIL TO APPROVE THE AMENDMENT TO DELETE PRIOR LAKE CITY CODE SECTION 5- 4 -1(J) AND PRIOR LAKE ZONING ORDINANCE NO. 83 -6 SECTION 4.1(J) AS OUTLINED IN EXHIBIT 3 AS PRESENTED SEPTEMBER 19, 1991. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 19, 1991 PAGE 6 Vute taken signified ayes by Roseth, Kedrowski, Wells, Arnold, and Arnold. MOTION CARRIED. Deb Garross outlined the information on Exhibit 4; Deck constructed in Shoreland District. MOTION BY KEDROWSKI, SECOND BY ARNOLD, TO RECOMMEND TO CITY COUNCIL TO APPROVE THE AMENDMENT TO DELETE PRIOR LAKE CITY CODE SECTION 5- 8 -3(E)3 AND PRIOR LAKE ZONING ORDINANCE NO.83 -6 SECTION 9.3(x:)3 AS OUTLINED IN EXHIBIT 4 PRESENTED SEPTEMBER 19, 1991. Vote taken signified ayes by Kedrowski, Arnold, Roseth, Wells, and Loftus. MOTION CARRIED. MOTION BY ROSETH, SECOND BY ARNOLD, TO CLOSE PUBLIC HEARING. Vote taken signified ayes by Roseth, Arnold, Wells, Loftus and Kedrowski. MOTION CARRIED. Public Hearing closed at 10:35 P.M. information on the Council Workshop for October 9 was given to the Commissioners by Mr. Graser. MOTION BY ARNOLD, SECOND BY KEDROWSKI, TO ADJOURN MEETING. Meeting adjourned at 10:40 P.M. Tapes of meeting on file at City Hall. Horst Graser Rita M. Schewe Director of Planning Recording Secretary