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Home My WebLink About1989 December Planning Commission MinutesINDEX 1989 PLANNING COMMISSION MINUTES JPNUFAFY 5, 1989: T.AKESIDE MARINA ZONING CERT. AMENDMENT JAMES DUNN JANUARY 19, 1989: JOHN MEYER LAKESHORE & SIDEYARD SETBACK VARIANCE TWIN ISLES FEBRUARY 2, 1989 NO PLANNITr, COMMISSION MEETING DUE TO LACK OF ITEMS FEBRUARY 16, 1989 NO PLANNING COMMISSION MEETING DUE TO LACK OF ITEMS MARCH 2, 1939 STAFF AMEND 'ZONING S.4.1L WARREN ISRAELSCN COMPREHENSIVE PLAN AMEND. WARREN ISRAELSON REZONING MARCH 16, 1989 JOHN MEYER LAKnSHDRE VARIANCE RICHARD MUELLER LAKF.SHORE VARIANCE APRIL 6, 1989 PETER F. KUEHN LAKESHORE VARIANCE RICHARD R. MUELLER LAKESHORE VARIANCE APRIL 20, 1989 JOHN POMAVI.LLE VARIANCE MAY 4, 1989 DEAN R. FLOCK REAR YARD VARIANCE (Cancelled by applicant) JOHN BEAR FRONT YARD VARIANCE MAY 18, 1989 NO PLANNING aJE4QSSION MEETING = TO LACK OF ITEMS JUNE 1, 1989 DEAN R. FLOCK SETBACK VARIANCES CRAIG & DARLENE CRAM SETBACK VARIANCES JUNE 15, 1989 PUBLIC HEARING STAFF ZONING ORDINANCE AMENDMENTS JULY 6 1989 STAFF PUBLIC HEARING ZONING MAP AMENDMENTS JOHN MCCARTHY LAKESHORE VARIANCE MRS. C.E. MICKLEY SIDEYARD VARIANCE DONALD HALLORAN SIDEYARD VARIANCE RICK SWENSON SEIEAQC, sumVISION & SEPTIC CODE VARIANCE DAVE UNMACHP LAKE REVIEW COMMITTEE & D) 9TRIAL PARK BMW DISCUSSION STAFF PLANNING 039USSION PROCEDURES DISCUSSION - CDNrn;m JULY 20, 1989 KATHLEEN MORRIS SIDE YARD, FRONT YARD AND (AVERAGE RATIO VARIANCE BILL MCDONALD FRONT YARD VARIANCE AUGUST 3, 1989 STEPHEN BUSH HCME OCCUPATION MARY HAAS HC1E OCCUPATION KATHLEEN MORRIS VARIANCE STAFF BY -LAW DISCUSSION -TABLED STAFF RETREAT ISSUES AUGUST 17, 1989 WADE ALLISON FRONT YARD VARIANCE RICK SWENSON FRONT YARD VARIANCE STAFF BY -LAW DISCUSSION- TABLED SEPTFSflER 7, 1989 RANDALL RIES SIDE YARD VARIANCE PATRICIA NORLIN SIDE YARD VARIANCE BRUCE PETERSON SIDE YARD VARIANCE WADE ALLISON FRONT YARD VARIANCE - OONWMED GUY SELINSKE HOME OCCUPATION PERMIT STAFF RETREAT TOPICS STAFF BY -LAWS - CONTINUED SEPTEMBER 21, 1989 LEONARD BDU3Y SIDE YARD VARIANCE DANIEL KLAMN FRONT YARD VARIANCE SEPTEMBER 28, 1989 STAFF BY -LAWS SPECIAL, MEETING OCTOBER 5, 1989 DANIEL PSAMM FROM YARD VARIANCE CITY COUNCIL 6 PLANNING 00MKISSION SPECIAL MEETING OCTOBER 19, 1989 PPIYNE LUNDGREN MIINDW TOT AREA VARIANCE STAFF DISCUSS AND EVALUATS 141E TRANSPORTATION SETION OF THE REQUEST COMPREHENSIVE CAN. FOR DIRBLVION. NUNMMBER 2, 1989 MAUREEN JANDORF LAKESHORE 6 REAR YARD VARIANCE NOVEMBER 16, 1989 JACK W. INGALIS FRONT 6 SIDE YARD VARIANCE VICTOR FORLAN D SIDE YARD VARIANCE DECEMBER 7, 1989 STAFF BY-LAW DISCUSSION SCOTT SEANESY LAIC 6 RATIO VARIANCE STAFF PUBLIC HEARINTCS FOR O AMENDMENT ZONIIIT, DI11= SECTION 4.11 HOUSE H0VING MEME TT ZONING CEDDOM AN SECTION 7.3 BOARD OF ADJUSNENT SUBDIVISION OPODUM(E AMENDMENT SEC. 6- 6-8(A) PARR DEDICATION STAFF PLAKIIID 031USSION YEAR END REPORT DECEMBER 21, 1989 Sam SHANESY VARIAN CONII'IIM STAFF ZOuaG ONE A EMENT CDMTIICJED JIM HILL 6 TDC OMg4rf= DISCUSSION KAY SCHRUDIACD SUPER VALV UPMTE d �9��ry ` I REGULAR PLANNING WMMLS MEETING AGF?IDA UA'CEMBFR 21, 1989 7:30 P.M. 7:30 P.M. 7 :35 P.M. 8 :00 P.M. 8:30 P.M. • u•u ;n- * Indicates a Public Hearing v ••i I. r 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. PLANNING COMMISSION MINUTES DECEMBER 21, 1989 the December 21, 1959, Planning Commission Meeting wa3 called to order at 7:30 P.M. by Chairman Kedrowski. Those present were Commissioners Wells, Arnold, Kedrowski, Roseth, Director of Planning Horst Graser and Planning Intern Gary Schmitz. Commissioner Loftus arrived at 7:35 P.M. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY WELLS, SECOND BY KEDROWSKI, TO APPROVE THE MINUTES AS WRITTEN. vote taken signified ayes by Loftus, Roseth, Wells, Kedrowski and Arnold. MOTION CARRIED. Mr. Graser updated the Commissioners on the agenda progress for the Retreat. ITEM II - SCOTT SHANESY - VARIANCE CONTINUED Mr. Graser presented the information as per memorandum of December 21, 1969. City Engineer Anderson is of the opinion that any structure in the utility easements would compromise access and would not be allowed therefore a contractual agreement is not feasible. The Planning Commission has no choice but to restrict the deck to 8 feet as per Staff recommendation. Scott Shanesy, 3000 Fairview Road, disagreed with City Engineer's recommendation. He felt the deck addition would improve the value of his house. Discussion by the Commissioners on the issue followed. MOTION BY KEDROWSKI, SECOND BY LOFTUS, TO APPROVE A 13 FOOT LAKESHORE VARIANCE TO CONSTRUCT AN 8 X 22 FOOT DECK BECAUSE THE VARIANCE IS CONSISTENT WITH THE CHARACTER OF THE AREA, THE LOT IS SUBSTANDARD AND THE DECK WOULD NOT BE DETRIMENTAL TO THE GENERAL HEALTH AND WELFARE OF THE COMMUNITY. ANY CHANGE IN THE SIZE OF THE DECK WOULD REQUIRE A CHANGE IN THE CITY POLICY DEALING WITH CONSTRUCTION IN UTILITY EASEMENTS. vote taken signified ayes by Kedrowski, Loftus, Roseth and Arnold. Commissioner Wells was absent as she left the meeting before vote was taken. MOTION CARRIED. PUBLIC HEARING CONTINUED ON ZONING ORDINANCE AMENDMENT SECTION 7.3 Pubiic was in attendance. 1h29 Dakota St S.f._ Pnor Lake Minnesota 55372 / Ph. (612) 4474230 , Fax (612) 447 -4245 ." ?I L 1!(_ CGP'�IIISS iOtd PIhE ^I I� _ NUT ES D ECEMBER 1939 PACT. ,Pry Schmitz presented the information as per the Planning Report o'. December 21, 1989. The first question concerned the length of tide an appeal can be filed. The City Attorney recommends five wer)s ing days as sufficient length of time to file an appeal. The second question were concerns on, if a Councilmember, alone, could appeal a decision for the entire Council or does the City council have to make a decision to appeal as a unified body. Research found that the City Council must act as an unified body, staff recommendation is to approve the Zoning Ordinance amendment as proposed. MOTION BY KEDROWSKI, SECOND BY ALL COMMISSIONERS, TO APPROVE THE ZONING ORDI14ANCE AMENDMENT AS PROPOSED. THE WORD "WORKING" SHOULD BE INSERTED AFTER THE WORD FIVE (5) IN ORDER TO INDICATE THAT THE APPEAL PERIOD WILL CONSIST OF FIVE (5) WORKING DAYS AFTER THE PLANNING COMMISSION DECISION. Vote taken signified ayes by Kedrowski, Loftus, Arnold and Roseth. MOTION CARRIED. Public Hearing closed at 8:14 P.M. Recess called at 8:14 P.M. Meeting recalled to order at 8:16 P.M. ITEM III - JIM HILL AND KAY SCHNUDLACH - ECONOMIC DEVELOPMENT COMMITTEE DISCUSSION AND FUTURE D LOPMENT UPDATE. Ms. Schmudlach represented the Economic Development Committee. As Mr. Hill was unable to attend, discussion on the By -Laws and Economic Development Committee process will be presented at a future date. Ms. Schmudlach discussed future developments in the community. MOTION BY ROSETH, SECOND BY ARNOLD, TO ADJOURN THE PLANNING COMMISSION MEETING. Vote taken signified ayes by Roseth, Arnold, Loftus and Kedrowski. MOTION CARRIED. Meeting adjourned at 9:15 P.M. Tapes of meeting are on file at City Hall. Horst Graser Rita M. Schewe Director of Planning Recording Secretary 7 :30 P.M. 7:30 P.M. 7:35 P.M. 8:15 P.M. * 8:45 P.M. * 9:00 P.M. * 9:15 P.M. 9:30 P.M. PUBLIC HEARING PLANNING ClDW41SSION MEETR7G AGEPd1A DECEMBER 7, 1989 CALL TO ORDER REVIEW MINUTES OF PREVIOUS MEETING DISCUSSION BY —LAWS STAFF HEARING VARIANCE Sam SBANESY PUBLIC HEARING ZONING ORDINANCE STAFF A 4ENE FNT SECTION 4.1(P) HOUSE MOVE PUBLIC HEARING ZONING ORDINANCE STAFF AK&RIKE dT SECTION 7.3 BOARD OF ADJUSTMENT PUBLIC HEARING SUBDIVISION ORDINANCE STAFF AMH4BMU SECTION 6- 6 -8(A) PARR DEDICATION DISCUSSION PLANNING 0OMMISSION STAFF YEAR END REPORT * 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. SE., PnOr Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 447 -4245 J J /J PLANNING COMMISSION MINUTES DECEMBER 7, 1989 The December 7, 1989, Planning Commission Meeting was called to order at 7:30 P.M., by Chairman Kedrowski. Those present were Commissioners Wells, Arnold, Roseth, Loftus, Kedrowski, Director of Plar.iing Horst Graser, Planning Intern Gary Schmitz, and Secretary Rita Schewe. ITEM - REVIEW MINUTES OF PREVIOUS MEETING MOTION '.i ROSETH, SECOND BY ARNCLD, TO APPROVE THE MINUTES AS WRITTEIT . Vote taken signified ayes by Roseth, Arnold and Loftus. Commissioners Wells and Kedrowski abstained as they were not present at the November 16, 1989, Planning Commission Meeting. ITEM II - BY -LAW DISCUSSION BY STAFF Mr. Graser presented information on the second draft of the By -Law changes which were discussed and formulated. Additional changes were suggested. By -Laws were tabled until the next Planning Commission Meeting. Recess called at 8:12 P.M. Meeting recalled to order at 8:15 P.M. ITEM III - SCOTT SHANESY VARIANCE Scott Shanesy, 3000 Fairview Road, stated that he is requesting a 17 foot lakeshore and a 28 coverage ratio variance in order to construct a 12 X 22 foot deck. Tile existing deck is 4 X 6 and not usable with furniture. The deck would be an improvement to his property and would fit in with the character of the neighborhood. Mr. Shanesy stated he would be willing to sign a document assuming all costs and responsibilities in the event the water or sewer lines had to be excavated for repairs, as the deck would encroach on the utility easements. Horst Graser presented the information as per memo of December 7, 1989. The proposed deck would encroach 6 feet into the utility easement. City Engineer Larry Anderson has objected to the variances and suggested an 8 X 22 deck be constructed. Staff recommendation is to deny the request to construct a 12 X 22 deck but recommend granting an additional 2 foot lakeshore variance to build an 8 X 22 deck. Another alternative would be to have a document drafted stating the applicant would take all responsibilities for repair work on water and sewer line excavation. Comments from the Commissioners were on the consideration of a document, allowing an exception would set a precedent, responsibility of costs, substandard lot, document would transfer to new owner if house is sold and Staff to check other decks in the neighborhood. 4629 Dakota St. S.E., Prior Lake, Minnesota 55372 , Ph. (512) 4474230 / Fax (612) 4474245 "PLANNING COMMISSION MEETING MINUTES DECEMBER 7. 1989 PAGE 2 MOTION BY KEDROWSKI, SECOND BY ARNOLD, TO CONTINUE THE VARIANCE APPLICATION FOR 3000 FAIRVIEW ROAD UNTIL THE NEXT PLANNING COA24ISSION MEETING ON DECEMBER 21, 1989, AT 7:35 P.M., TO ALLOW THE APPLICANT TIME TO HAVE A DOCUMENT PREPARED ASSUMING ALL LIABILITY. Vote not needed at this time. ITEM IV - PUBLIC HEARING ZONING ORDINANCE AMENDMENT SEC. 4.1P Public Hearing was called to order at 9:05 P.M. by Chairman Kedrowski. Public was in attendance. Gary Schmitz presented information as per memo of December 7, 1989. An amendment is proposed which would allow residential structures to be moved into Prior Lake. The City Code amendment is proposed to be in compliance with the Minnesota State Statue. Recommendation from Staff is to adopt the amendment change. MOTION BY ARNOLD, SECOND BY ROSETH, TO APPROVE THE ZONING ORDINANCE AMENDMENT TO 4.I(P) HOUSE MOVING AS PRESENTED. Vote taken signified ayes by Roseth, Wells, Arnold, Kedrowski and Loftus. Public Hearing adjourned at 9:17 P.M. ITEM V - PUBLIC HEARING ZONING ORDINANCE AMENDMENT SEC. 7.3 Public Hearing was called to order at 9:17 P.M. by Chairman Kedrowski. Public was in attendance. Gary Schmitz presented information as per memo of December 7, 1989. The proposed amendment change is to add a specific appeal process to Zoning Ordinance 83 -6, Section 7.3 Board of Adjustment, 7.6 Variances. Questions were raised on the definition of five (5) days be it working days or calendar days. Staff will check with the City Attorney to clarify the definition. MOTION BY KEDROWSKI, SECOND BY ARNOLD, TO TABLE THE ZONING ORDINANCE AMENDMENT TO SECTION 7.3 UNTIL THE PLANNING COMMISSION MEETING ON DECEMBER 21, 1989, AT 8:00 P.M. Public Hearing adjourned at 9:31 PM. Vote not called for. ITEM VI - PUBLIC HEARING PARK DEDICATION, SECTION 6 -6 -8 A) Public Hearing called to order by Chairman Kedrowski at 9:31 P.M. Public was in attendance. PT,ANNING COMMISSION MEETING MINUTES DECEMBER 7, 1989 PACE 3 Gar; Schmitz presented the information as per memo of December 7, 1989. The proposed amendment change is for Subdivision Ordinance 87 -10, Section 6- 6 -8(A) Park Dedication, to allow lands to be dedicated for conservation purposes as well as public use. This change will make the ordinance compliant with the Minnesota State Statute. Staff's recommendation is to approve the proposed amendment. Ray Peterson, 13901 Canterbury Drive, objected to the amendment change. He felt it would cause a hardship to him and opposes the fact that the government takes a portion of his land. Discussion followed on the benefits of the park dedication. amendment. MOTION BY ARNOLD, SECOND BY ROSETH, TO APPROVE THE PROPOSED AMENDMENT CHANGE TO SECTION 6- 6 -8(A) PARK DEDICATION. Vote taken signified ayes by Roseth, Wells, Kedrowski, Arnold and Loftus. Public Hearing closed at 9:57 P.M. Recess called at 9:57 P.M. Meeting called to order at 10:07 P.M. ITEM VII CITY CODE AMENDMENT SECTION 2 -3 -4 DUTIES OF COMMISSION Gary Schmitz presented the information as per memo of December 7, 1989. The purpose of this item is to discuss a future amendment to the Prior Lake City Code which would require the Planning Commission to prepare an annual report of variance activity as directed by the City Council. Discussion closed at 10:11 P.M. ITEM VIII - PLANNING COMMISSION RETREAT Discussion followed on agenda items for the Retreat scheduled for January 19 and 20, 1990, at Scanticon Conference Center. Friday evening will be a problem solving session. A speaker will be scheduled for Saturday morning. Stephan Tanner or Kay Schmudlach will. be contacted as possible speakers. MOTION BY ARNOLD, SECOND BY WELLS, TO ADJOURN MEETING. vote tal.en signified ayes by Wells, Arnold, Roseth, Kedrowski and Loftus. Meeting adjourned at 10:30 P.M. Tapes of meeting on file at City Hall. Horst Graser Rita M. Schewe Director of Planning Secretary