Loading...
HomeMy WebLinkAbout10 04 1990 Planning Commission minutes/ P R/°\ y 1 [-7 T i HERITAGE 1891 COMMUNITY 1991 REGULAR P LANNING COMMISSION MEETING AGEND OCTOBER 4, 1990 7:30 P.M. 7:30 P.M. 7:35 P.M CALL TO ORDER TTL'SQ t " REVIEW MINUTES OF PREVIOUS MEETING HEARING LAKE S SIDE LANFORD ADLER YARD VARIANCE * Indicates a Public Hearing All times stated on the Planning Commission A ends, with the exception of Public Hearings, are approximate and may start a few minutes later than scheduled. 4629 Dakota St. S.E., Prior Lake, Mhmesota 55372 / Ph. (612) 4474230 / Fax (6121 447 -4245 F PRI 0 ? HERITAGE COMMUNITY J 1891 1991 20y> a PLANNING COMMISSION MINUTES OCTOBER 4, 1990 The October 4, 1990 Planning Commission Meeting was called to order by Chairman Kedrowski at 7:30 P.M. Those present were Commissioners Loftus, Arnold, Kedrowski, Wells, Roseth, Assistant City Planner Deb Garross, and Secretary Rita Schewe. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING Corrections made to the minutes are as follows: Page two, paragraph one, fourth line, insert the word "the" between deteriorate and neighborhood; Page two, aragraph four, line two, change the word "excessive" to "several e; Page two, paragraph four, line ten, change the word "can" to "had ". Also add the statement "that no comments were received from the DNR on the Paragon Homes variance request." MOTION BY ARNOLD, SECOND BY LOFTUS, TO APPROVE THE MINUTES AS CORRECTED. Vote taken signified ayes by Kedrowski, Loftus, Arnold, and Wells. Commissioner Roseth abstained as he was not present at the September 20, 1990, meeting. ITEM II - LANGFORD ADLER - LAKESHORE AND SIDE YARD VARIANCE Chairman Kedrowski stated that due to business dealings with the applicant through the Lions Club, he would turn the meeting over to Vice Chair, Commissioner Arnold and abstain from any discussion and voting on the variance request. Langford Adler, 16640 Inguadona Beach Circle, stated that he was requesting a 20 foot lakeshore, 2 foot north side yard and 8.5 foot south side yard variance for an existing deck addition to his home. Mr. Adler stated that he was not aware that a building permit was needed to replace a deck and that his contractor had failed to get the required permits prior to building the deck. Deb Garross presented the information as per memo of October 4, 1990. The lot is a substandard lot and the single family home was built under the jurisdiction of Spring Lake Township. A new building permit for the deck cannot be issued by staff unless the Planning Commission grants variances for the structure. There are no building permits on file for the home or deck therefore 4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245 PLANNING COMMISSION MEETING OCTOBER 4, 1990 PAGE 2 the Planning Commission must deal with situation as if it were a legal non conforming structure. Had the applicant applied for a building permit before constructing the deck, he would have been advised of the setback requirements and the expenditure of time and materials would not have occurred. Therefore the financial hardship was created by the actions of the applicant. The recommendation of staff is to approve the 2 foot north side yard and 20 foot lakeshore variance and to deny the 8.5 foot south side yard variance. Staff would not object to a 5 foot south side yard. variance. The variances could be justified considering the substandard lot size and area and that the side yard variances would not allow the deck to encroach closer to the property lines than the existing non conforming home. No comments were received from DNR with regard to this variance application. Georgene Blackwell, Sacremento, CA, stated that she owns the property to the south and was not against the deck but was concerned about drainage from the applicant's property. Comments from the Commissioners concerned responsibility to uphold the code the deck was considered to be too large, the proposed south side variance seems excessive and there was general agreement with the staff recommendation. A motion was made by Commissioner Loftus, and seconded by Commissioner Roseth. Discussion followed concerning the location of the steps on the property line and if the Commissioners should require the steps to be moved in conjunction with removal of part of the deck. The motion was withdrawn by the maker and seconder to solicit further information from the public. After discussion on the steps it was decided that they are not specifically regulated in the code and that it would not be proper to restrict the location of the staircase at this time. The consensus of the Commissioners was that staff should research this issue and that the Zoning Code should include standards for stairway size and setbacks. MOTION BY LOFTUS, SECOND BY ROSETH, TO APPROVE FOR 16640 INGUADONA BEACH CIRCLE, A 20 FOOT LAKESHORE VARIANCE, 2 FOOT NORTH SIDE VARIANCE, AND A 5 FOOT SOUTH SIDE VARIANCE FOR A DECK ADDITION. RATIONALE BEING IT IS A SUBSTANDARD LOT, THE SIDE YARD VARIANCES GRANTED WILL NOT ALLOW THE DECK TO ENCROACH FURTHER INTO THE SETBACKS THAN THE EXISTING SINGLE FAMILY HOME. THE LAKESHORE VARIANCE IS SIMILAR TO OTHER VARIANCES THAT HAVE BEEN GRANTED IN THE INGUADONA BEACH NEIGHBORHOOD AND THAT THE VARIANCES AS APPROVED, WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. Vote taken signified ayes by Loftus, Roseth, Arnold, and Wells. MOTION CARRIED. PLANNING COMMISSION MEETING OCTOBER 4, 1990 PAGE 3 Deb Garross informed Commissioners Kedrowski and Wells of their reappointment to the Planning Commission. Commissioner Arnold turned the gavel over to Chairman Kedrowski for the remainder of the meeting. MOTION BY ARNOLD, SECOND BY LOFTUS, TO ADJOURN MEETING. Vote taken signified ayes by Arnold, Loftus, Wells, Kedrowski, and Roseth. Meeting adjourned at 8:30 P.M. The tape of the meeting is on file at City Hall. Deb Garross Rita M. Schewe Assistant City Planner Recording Secretary R/ /� Pf O +F HERITAGE COMMUNITY 9:�IL'Sf7.1 � s e 1891 1991 209/ �Ju r T REGULAR PLANNING COMMISSION MEETING A GENDA OCTOBER 18, 1990 7:30 P.M. CALL TO ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING 7:35 P.M. HEARING VARIANCE PATRICK FLANAGAN 7:45 P.M. HEARING VARIANCE DAVE AURINGER 8:00 P.M. HEARING VARIANCE VAN -SMITH BUILDERS 8:15 P.M. REORGANIZATION * In.licates a Public Hearing All times stated on the Planning Commission Agenda, with the exception of Public Hearings, are approximate and may start a few minutes later than scheduled. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 HERITAGE 1891 COMMUNITY 1991 2091 PLANNING COMMISSION MINUTES OCTOBER 18, 1990 The October 18, 1990, Planning Commission Meeting was called to order by Chairman Kedrowski at 7:30 P.M. Those present were Commissioners Loftus, Kedrowski, Roseth, Director of Planning Horst Graser, Associate Planner Steve Hess, and Secretary Rita Schewe. Absent were Commissioners Wells and Arnold. ITEM I - REVIEW MINUTES OF P REVIOUS MEETING MOTION BY LOFTUS, SECOND BY ROSETH, TO APPROVE. THE MINUTES AS WRITTEN. Vote taken signified ayes by Kedrowski, Loftus, and Roseth. MOTION CARRIED. Commissioner Arnold arrived at 7:33 P.M. ITEM II - PATRICK FLANAGAN - VARIANCE FROM S.T.H. HWY 13 R -O -W Patrick Flanagan, 15480 Omega Trail, stated he ib requesting a 39 foot front yard variance from the right -of -way line of Highway 13 to construct a 22 X 36 garage. The applicant feels since his property is bordered on one side by Highway 13 and on the other by Omega Trail, he is limited in a building site for a garage. He would not construct a structure that would be offensive to the public and is planning to erect a fence and plant trees to landscape the area. If the garage was built closer it would compromise his open space. Horst Graser presented the information as per memo of October 18, 1990. The lot is a large triangular shape lot of 1.89 acres. It is heavily wooded and has a ponding area in one corner. The home on the lot has an attached single car garage. The Highway 13 corridor is used extensively by the public and the view should be of the highest quality. Mr. Graser reported that a letter from William Warden of MNDOT was received stating they had no objections but there were no comments from the DNR. Staff feels that the hardship is caused by the applicant and an alternative site should be considered. The application would be detrimental to the health and welfare of the public and would set a precedent for building structureq within close proximity to the highway. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 4474245 PLANNING COMMISSION MEETING MINUTES OCTOBER 18, 1990 PAGE 2 Recommendation of the Staff is to deny the application as submitted but an alternative proposal would be considered. Marlis Bluedorn wanted to speak on an issue indirectly related to the application. Ms. Bluedorn was asked to wait until the application for Mr. Flanagan was finished and the Commissioners would hear her. Comments from the Commissioners were on the right -of -way of Highway 13, location of driveway, hardship validity, alternative plan, and should not grant over 50% variance. Mr. Flanagan suggested attaching the garage to the rear of the house. MOTION BY LOFTUS, SECOND BY ARNOLD, TO GRANT A 25 FOOT FRONT YARD VARIANCE FROM HIGHWAY 13 RIGHT -OF -WAY FOR 15480 OMEGA TRAIL. RATIONALE BEING THAT THE HOME WAS BUILT BEFORE THE HIGHWAY WAS CONSTRUCTED, THE HIGHWAY LOCATION CREATED A HARDSHIP FOR IMPROVEMENTS TO THE PROPERTY AND THE REDESIGN OF THE STRUCTURE WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. Vote taken signified ayes by Loftus, Arnold, Kedrowski and Roseth. ITEM III - DAVE AURINGER - LAKESHORE & FRONT YARD VARIANCE Mr. Graser stated that Dave Auringer requested the hearing for his variance be continued for two weeks to allow him additional time to address his variance. Hearing was rescheduled for November 1, 1990, at 7:35 P.M. Marlis Bluedorn, 15290 Fish Point Road SE, stated that her name is on record as the fee owner of the property underlying Omega Trail and that she wants her name removed. Efforts were made to rectify the situation. ITEM IV - VAN -SMITH BUILDERS - LAKESHORE BUILDERS Joe Van Den Boom representing Van -Smith Builders of 5350 Carriage Hill Road, stated their client: of 4688 Lordfs Street wishes to add a two story three season porch to an existing home and is requesting a 26 foot north side lakeshore variance and a 15 foot south side lakeshore variance. The sketch of an additional deck around the porch was inadvertently left off of the application. After some discussion, it was decided to proceed with the variance as presented and reapply for an additional variance if the client wishes to build the deck. Steve Hess presented the information as per the memo of October 18, 1990. The lot is located on an island peninsula with water on three sides. The area is steep and the building envelope is limited thereby causing a hardship. Recommendation from Staff is to grant the variances as requested. PLANNING COMMISSION MEETING MINUTES OCTOBER 18, 1990 PAGE 3 Consensus from the Commissioners were in agreement with the application and a hardship is evident due to irregular lot shape and the legal nonconforming setback of the existing home. MOTION BY LOFTUS, SECOND BY ROSETH, TO GRANT A 15 FOOT SOUTH SIDE LAKESHORE VARIANCE AND A 26 FOOT NORTH SIDE LAKESHORE VARIANCE FOR 4688 LORD'S STREET, RATIONALE BEING IT WOULD NOT BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY AND IS CONSISTENT WITH PAST LAKESHORE VARIANCE REQUESTS AND A HARDSHIP IS EVIDENT DUE TO LOT SHAPE AND LOCATION AT THE END OF A PENINSULA. Vote taken signified ayes by Loftus, Roseth, Arnold, and Kedrowski. MOTION CARRIED. The next item for consideration was the reorganization of the Planning Commissioners. Nomination for chairperson was opened. MOTION BY ROSETH, SECOND BY LOFTUS TO NOMINATE COMMISSIONER ARNOLD FOR CHAIRPERSON. MOTION BY ROSETH TO CLOSE THE NOMINATIONS. Vote taken signified ayes by Roseth Loftus, and Kedrowski. Commissioner Arnold abstained. from voting. NOTION CARRIED. MOTION BY ARNOLD, SECOND BY ROSETH, TO NOMINATE COMMISSIONER LOFTUS FOR VICE - CHAIRPERSON. MOTION BY ROSETH, SECOND BY ARNOLD TO CLOSE NOMINATIONS. Vote taken signified ayes by Roseth, Arnold, and Kedrowski. Commissioner Loftus abstained from voting. NOTION CARRIED. Discussion followed on the Omega Trail situation. MOTION BY ARNOLD, SECOND BY ROSETH, TO ADJOURN MEETING. Vote taken signified ayes by Arnold, Roseth, Loftus, and Kedrowski. MOTION CARRIED. Meeting adjourned at 9:10 P.M. Tapes of meeting on file at City Hall. Horst W. Graser Rita M. Behave Director of Planning Recording Secretary