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HomeMy WebLinkAbout09 06 1990 Planning Commission minutes7:30 P.M. 7:30 P.M. 7:35 P.M. 7:45 P.M. • I��I_ii Y i \I\II \. U ,� / I :i�itl \. * 8 :00 P.M. * 8:15 P.M. HERITAGE COMMUNITY 1891 1991 r 1 • •n ;a. v' 11.1 -: •' •1: IA" r IV •1 •- .• 1 :131 2091 I• ' 1 r•v r� * Indicates a Public Hearing All times stated on the Planning Commis ion 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) 447 -4230 / Fax (612) 4474245 HERITAGE 189/ COMMUNITY IW PLANNING COMMISSION MINUTES SEPTEMBER 6, 1990 VXX9 7. t The September 6. 1990, Planning Commission Meeting was called to order by Vice - chairman Chuck Arnold at 7:30 P.M. Those present were Commissioners Loftus, Arnold, Wells, Roseth, Director of Planning Horst Graser, Associate Planner Steve Hess, and Secretary Rita Schewe. Commissioner Kedrowski arrived at 7:35 P.M. I TEM I - RE VIEW MINUTES OF PREVIOUS MEETING MOTION BY WELLS, SECOND BY LOFTUS, To APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Loftus, Arnold, Wells, and Roseth. MOTION CARRIED. Recess called until 7:35 P.M. at which time Chairman Kedrowski resumed the chair. ITEM II - HAROLD DELLWO VARIANCE CONTINUED John B. Mahoney, 17276 Murphy Lake Blvd., representing Mr. Dellwo, provided information showing the redesign of an earlier proposal which would reduce the amount of the variance needed to a 19 foot lakeshore, 5 foot west sideyard, and 3.1 east sideyard. Horst Graser presented information as per memo of September 6, 1990. Staff feels that the applicant and Mr. Mahoney have made an effort to comply with the Commissioner's concerns. The new proposal has an improved exterior design and a reduction in the lakeshore variance but increases the side yard variances. Due to the size of the lot, a hardship does exist. Staff feels that this is an acceptable development proposal. Comments from the Commissioners concerned; response from the neighborhood, removal of houseboat, and status of adjoining lot ownership. The Commissioners expressed support for the variance application. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447 -4230 / Fax (612) 447 -4245 PLANNING COMMISSION MEETING MINUTES SEPTEMBER 6, 1990 PAGE 2 MOTION BY WELLS, SECOND BY ARNOLD, TO APPROVE A 3.1 FOOT EAST SIDE YARD VARIANCE, A 5 FOOT WEST SIDE YARD VARIANCE AND 19 FOOT LAKESHORE VARIANCE FOR LOT 15, GRAINWOOD PARK. RATIONALE BEING THE SMALL SIZE OF THE LOT IS A HARDSHIP AND THE VARIANCE IS CONSISTENT WITH VARIANCES GRANTED IN THE GRAINWOOD NEIGHBORHOOD, AND WOULD NOT INFRINGE ON THE HEALTH AND WELFARE OF THE COMMUNITY. THE VARIANCE APPROVAL IS CONDITIONED UPON REMOVAL OF THE HOUSEBOAT PRIOR TO THE ISSUANCE OF AN OCCUPANCY PERMIT. Vote taken signified ayes by Arnold, Wells, Kedrowski, Loftus, and Roseth. MOTION CARRIED. Recess called at 8:12 P.M. Reconvened at 8:15 P.M. ITEM III - DONALD WALZ - SIDE AND FRONT YARD VARIANCE Donald John Walz, 4229 Grainwood Circle NE, stated he is proposing to build an 22 X 22 attached garage and due to the size of his lot is requesting a 5 foot east side yarn variance and a 12 foot front yard variance. Horst Graser presented the information as per memo of September 6, 1990. Lot 5, Grainwood Park, is a substandard lot containing 5700 square feet. The issues cited by Staff which make this proposal not acceptable are, (1) The garage is encroaching in a public utility easement, (2) The driveway as shown will not function as access to the garage. Consensus from the Commissioners were to find a workable solution rather than continue the hearing. Staff was asked to recommend an alternative plan. Mr. Graser suggested reducing the garage 2 feet and increasing the size of the driveway. A small area in front should be sodded for green space and drainage must be addressed at the time of a building permit application. Maurice Hagen, 7239 Oakland Ave. South, Richfield, voiced concerns on the roof line. Mr. Walz stated that the roof will be an A -frame design and the second floor would be a workshop. His Ion g range plan is to put a pitched roof on the home that now has a flat roof. Merle White, 4230 Grainwood Circle NE, felt the applicant is trying to remodel the home and should be given a chance. Howard Ellsworth, 4221 Grainwood Circle, said that in all fairness to the Commissioners, the home was built when it was part of Eagle Creek Township and Prior Lake was not responsible for the building permit and hoped that the variance would be granted to the applicant. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 6, 1990 PAGE 3 Comments from the Commissioners were on green space, roof pitch, drainage, parking problems and tree replacement. MOTION BY LOFTUS, SECOND BY WELLS, TO GRANT A 5 FOOT EAST SIDE YARD AND 10 FOOT NORTH FRONT YARD VARIANCE TO CONSTRUCT A 20 X 22 FOOT ATTACHED GARAGE. RATIONALE BEING THAT IT IS A SUBSTANDARD LOT OF 5700 SQUARE FEET AND A VARIANCE IS CONSISTENT WITH PREVIOUS VARIANCE APPLICATIONS FOR THE GRAINWOOD NEIGHBORHOOD. THE VARIANCE IS NOT DETRIMENTAL TO THE HEALTH AND WELFARE OF THE COMMUNITY. AN AMENDMENT TO THE MOTION WAS MADE BY COMMISSIONER ARNOLD, TO INCLUDE THAT THE OPEN SPACE BETWEEN THE GARAGE AND THE CURB BE SODDED AND THAT THE LOST TREE BE REPLANTED AT THE DISCRETION OF STAFF. THESE CONDITIONS SHOULD BE IMPLEMENTED PRIOR TO ISSUANCE OF AN OCCUPANCY PERMIT FOR THE GARAGE. Vote taken signified ayes by Redrowski, Roseth, Wells, Arnold and Loftus. MOTION CARRIED. Recess called at 8:42 P.M. Reconvened at 8:45 P.M. ITEM III - PUBLIC HEARING - ARCHITECTURAL CONTROLS ORDINANCE ITEM IV - PUBLIC HEARING - SUBDIVISION ORDINANCE AMENDMENT Public Hearing for Architectural Controls Ordinance was called to order at 8:45 P.M. Public was in attendance. Steve Hess, Associate City Planner, requested that both the Architectural Controls Ordinance and Subdivision Ordinance Amendment Public Hearing be held simultaneously. Public Hearing for Subdivision Ordinance Amendment was called to order at 8:45 P.M. Public was in attendance. Mr. Hess gave a brief review of his report. The City Council directed Staff to research the feasibility of establishing architectural design standards for Prior Lake. This research was initiated as a result of complaints from residents on repetitous house designs in the Sand Pointe Development. In the course of the research it was found that in Minnesota the standard approach to architectural zoning is administrativs policy. This is a policy that is developed by Staff under the direction of the City Council. Staff recommends adoption of the amendment to Section 4 -7 -1 of the Prior Lake City Code and the addition of a new paragraph in Section 6 -4 -3 of the Subdivision. See copy of draft titled "PROPOSED ARCHITECTURAL GUIDELINES FOR SINGLE FAMILY NEIGHBORHOODS" dated July 18, 1990. Terry Radabaugh, 5796 Cedarwood St. NE, stated that he was the originator of this complaint and thanked all concerned for bringing this amendment about. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 6, 1990 PAGE 4 Consensus from the Commissioners were in favor of the amendment. MOTION BY LOFTUS, SECOND BY ROSETH, TO RECOMMEND THAT THE CITY COUNCIL ADOPT THE ARCHITECTURAL CONTROLS ORDINANCE AS PRESENTED. Vote taken signified ayes by Loftus, Roseth, Wells, Kedrowski,and Arnold. MOTION CARRIED. MOTION BY ROSETH, SECOND BY LOFTUS, TO ADJOURN ARCHITECTURAL CONTROLS ORDINANCE PUBLIC HEARING. Vote taken signified ayes by Roseth, Loftus, Wells, Kedrowski, and Arnold. MOTION PASSED. Public Hearing closed at 9:05 P.M. MOTION BY LOFTUS, SECOND BY ARNOLD, TO RECOMMEND THAT THE CITY COUNCIL APPROVE THE SUBDIVISION ORDINANCE AMENDMENT TO SECTION 6 -4 -3 AND SECTION 4 -7 -1 AS PRESENTED. Vote taken signified ayes by Loftus, Arnold, Kedrowski, Roseth and Wells. NOTION CARRIED. MOTION BY ARNOLD, SECOND BY WELLS, To ADJOURN THE SUBDIVISION ORDINANCE AMENDMENT PUBLIC BEARING. Vote taken signified ayes by Arnold, Wells, Kedrowski, Roseth and Loftus. MOTION CARRIED. Public Hearing closed at 9:07 P.M. MOTION BY WELLS, SECOND BY ARNOLD, To ADJOURN MEETING. Vote taken signified ayes by Wells, Arnold, Kedrowski, Roseth, and Loftus. MOTION CARRIED. Meeting adjourned at 9:10 P.M. at City Hall. A tape of the meeting is on file Horst Graser Director of Planning Rita M. Schewe Recording Secretary 1 HF.'R /TA( c � a COMMUNITY P/1,'Sf7. t 1991 2041 REGULAR PLANNING COMMISSION MEETING AGENDA SEPTEMBER 20, 1990 7:30 P.M. CALL TO ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING 7:35 P.M. HEARING VARIANCE PARAGON HOMES 8:00 P.M. HEARING REAR YARD JOHN TURNER III VARIANCE 8:15 P.M. HEARING SIDE i REAR BOB WALTERS YARD VARIANCE * Indicates 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 COKMUNITY 1991 PLANNING COMMISSION MINUTES SEPTEMBER 20, 1990 The September 20, 1990, Planning Commission Meeting order by Chairman Kedrowski at 7:30 P.M. Those Commissioners Loftus, Arnold, Kedrowski, Wells, Planner Deb Garross, Associate Planner Steve Hess, Rita Schewe. Commissioner Roseth was absent. was called to present were Assistant City and Secretary ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY LOFTUS, SECOND BY ARNOLD, To APPROVE THE MINUTES AS WRITTEN. Vote taken signified ayes by Kedrowski, Loftus, Arnold, and Wells, MOTION CARRIED. ITEM II - PARAGON HOMES - VARIANCE Representative for Paragon Homes was not present at 7:35 P.M. Greg Schweich arrived at 7:45 P.M. Mr. Schweich stated that he purchased Lot 50, Northwood and is requesting 3.35 foot north side yard variance, 5 foot south side yard variance, 5 foot front yard variance, 32 foot lakeshore variance and a 120 square foot minimum lot area variance for 3175 Linden Circle to construct a 2 story house Steve Hess, Associate City Planner, presented information as per memo of September 20, 1990. The home is proposed to be built on a vacant lot and staff has recommended that the applicant move the structure as far from the lakeshore as possible. The recommendation from staff is to approve the variances based on the premise that the lot is a parcel of record and the Zoning Ordinance states that such lots are buildable. In addition, the City Council has interpreted the "separate lot under common ownership" issue to be enforced at the time of building permit application. Harry Maudsley, 3189 Linden Circle, objected to the variance. He is concerned that water drainage between lots will be a problem and that the applicant is requesting too many variances. Mr. Maudsley suggested that the home size should be reduced to eliminate the need for variances. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 1 Fax (612) 447 -4245 PLANNING COMMISSION MINUTES SEPTEMBER 20, 1990 PAGE 2 Larry James, 3147 Linden Circle, objects to the variance and stated that the lots 49 and 50 have been sold several times as one building site. Mr. James felt that the construction of a home on a 50 foot lot would deteriorate neighborhood. Dean Sutliff, 3162 Linden Circle, objected to variance because it will create a precedent within the neighborhood to grant similar variances for adjacent Lot 49. Mr. Sutliff feels that the applicant created his own hardship. June Lemke, 3201 Linden Circle, stated that their garage variance was denied by the City and that she objects to this variance because she feels that it will deteriorate the neighborhood where homes are valued at $175,000.00. Comments stated by the Commissioners were concern over the cumulative effect of excessive variances being requested for one lot; drainage issues related to an unimproved street; concern over the Council interpretation that substandard lots of record can be buildable if they are under separate ownership at the building permit stage; the legal rights of the owner to build on his lot of record; options of refunding assessments or the possibility to remove a small lot from tax rolls; the amount of variances requested should be reduced; the intent of the Shoreland Ordinance can been circumvented by the interpretation of substandard lot buildability; and that the applicant should attempt to advise the neighborhood of his intentions and come up with a compromise. Mr. Schweich presented the plan of the proposed home stating its value is $220,000.00 and has a sale pending. He felt that the variances are not excessive and he would be willing to adjust his plan to reduce variances. Motion by Wells, second by Loftus, to deny the variance and to request the City Council to review the buildablility of substandard lots. Discussion followed on this motion. MOTION BY ARNOLD, SECOND BY WELLS, TO RESCIND THE COMBINED MOTION. vote taken signified ayes by Arnold, Wells, Kedrowski, and Loftus. MOTION CARRIED. MOTION BY WELLS, SECOND BY LOFTUS, TO DENY THE VARIANCE FOR LOT 50, NORTHWOOD. RATIONALE BEING, THAT THE CUMULATIVE EFFECT OF ALL OF THE REQUESTED VARIANCES WOULD NOT OBSERVE THE SPIRIT AND INTENT OF THE ZONING ORDINANCE, THAT RESIDENTS HAVE STATED THAT THEY FEEL PROPERTY VALUES AND THEIR NEIGHBORHOOD WILL BE NEGATIVELY IMPACTED BY THE VARIANCES AS REQUESTED AND THE COMMISSION CONCURS THAT SUCH VARIANCES WOULD BE DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD. PLANNING COMMISSION MINUTES SEPTEMBER 20, 1990 PAGE 3 Vote taken signified ayes by Wells, Loftus, Kedrowski, and Arnold. MOTION CARRIED. MOTION BY WELLS, SECOND BY LOFTUS, TO REQUEST THE CITY COUNCIL TO REVIEW THE COMMON OWNERSHIP ISSUE AS IT RELATES TO THE BUILDABILITY OF SUBSTANDARD LOTS WITHIN THE SHORELAND DISTRICT AND TO CLARIFY THE "NEST EGG" VERSUS HARDSHIP ISSUES RELATED TO DEVELOPMENT OF SUBSTANDARD LOTS OF RECORD. vote taken signified ayes by Wells, Loftus, Kedrowski, and Arnold. MOTION CARtiIED. ITEM II - JOHN TURNER III - REAR YARD VARIANCE John Turner, 14137 Shady Beach Trail, stated he is requesting a 2.5 foot east rear yard variance. He was in the process of building a new home and stated that he had made a measurement error and the deck was built over the required rear yard setback. Deb Garross presented the information as per memo of September 20, 1990. This hardship situation was created by an individual action not the provisions of the Zoning Code. Had the deck been built as proposed in Building Permit 90 -109, no variance would be needed. Staff recommendation is to deny the 2.5 foot variance application due to a lack of hardship as defined by the Zoning Ordinance. John Turner II, 14432 Watersedge Trail, stated he was responsible for the measurement error but wanted the Commissioners to know his son had done everything possible to be within the setbacks. Comments from the Commissioners concerned the following: Definition of Hardship, that the individual had made an honest mistake however, a dangerous precedent could be set if a variance is granted after a structure has been built, and in the absence of hardship as defined by City Code. MOTION BY ARNOLD, SECOND BY WELLS, To DENY THE 2.5 REAR YARD VARIANCE FOR 14137 SHADY BEACH TRAIL. RATIONAL BEING THAT NO HARDSHIP HAS BEEN DEMONSTRATED WITH RESPECT TO THE ZONING ORDINANCE. vote taken signified ayes by Arnold, Wells, and Kedrowski. Nay by Loftus. MOTION CARRIED. ITEM III - ROBERT WALTERS - SIDE AND REAR YARD VARIANCE Robert Walters, 14407 Watersedge Trail, stated he is requesting a 5 foot south side and a 5 foot rear yard variance to construct a 22 X 24 foot garage. If he built within the setbacks, mature trees would be lost and the driveway for garage would not be functional. PLANNING COMMISSION MINUTES SEPTEMBER 20, 1990 PAGE 4 Deb Garross presented information on the variance application. The new Flood Plain Management Ordinance recently adopted includes a clause steting that it is possible to build a garage below the 909 by using upgraded building techniques, which the applicant will do. Staff recommendation is to approve the variance as requested. A hardship does exist as the lot is a substandard lot, there is no garage existing on the property, compliance with setback standards would cause the loss of approximately 7 to 10 trees and that a 1978 building permit for the home showed a future 4arage location that could not function due to its close proximity to the side property line and deficient driveway space. Consensus from the Commissioners were supportive of the variance, compatible with the neighborhood, and hardship not caused by the applicant. MOTION BY LOFTUS, SECOND BY ARNOLD, TO APPROVE THE 5 FOOT SOUTH SIDE YARD AND 5 FOOT REAR YARD VARIANCE FOR 14407 WATERSEDGE TRAIL. RATIONALE BEING THE LOT IS A SUBSTANDARD LOT, UNWORKABLE PLAN CREATED BY THE FORMER BUILDER, NO GARAGE ON SITE, AND THE VARIANCES WOULD NOT BE DETRIMENTAL To THE HEALTH AND WELFARE OF THE NEIGHBORHOOD. Vote taken signified ayes by Loftus, Arnold, Wells, and Kedrowski. MOTION CARRIED. MOTION BY ARNOLD, SECOND BY WELLS, TO ADJOURN MEETING. Vote taken signified ayes by Arnold, Wells, Kedrowski and Loftus. MOTION CARRIED. Meeting adjourned at 9:47 P.M. Tapes of the meeting are on file at City Hall. Deb Garross Rita M. Sch6we Assistant City Planner Recording Secretary