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Home My WebLink About1989 September Planning Commission MinutesREGULAR PLANNING COMMISSION MEETING AGEND SEPTEMBER 21, 1989 7:30 P.M. CALL TO ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING 7:35 P.M. HEARING LEONARD BIXBY 7:45 P.M. HEARING DANIEL ELAMM * 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 56372 / Ph. (612) 4474230 / Fax (612) 4474245 PLANNING COMMISSION MINUTES SEPTEMBER 21, 1989 The September 21, 1989, Prior Lake Planning Commission was called to order at 7:30 P.M. by Chairperson Kedrowski. Those present were Commissioners Arnold, Loftus, Roseth, Wells, Kedrowski, Assistant City Planner Deb Garross, and Planning Intern Gary Schmitz. ITEM I - REVIEW MINUTES OF THE PREVIOUS MEETING MOTION BY ARNOLD, SECOND BY WELLS, TO APPROVE MINUTES AS WRITTEN. Vote taken signified ayes by Wells, Arnold, Loftus, Kedrowski and Roseth. MOTION CARRIED. ITEM II - LEONARD BIXBY - SIDE YARD VARIANCE Leonard Bixby, 4075 Roanoke Ave. Prior Lake, stated he is requesting a variance from Section 9.2B3 and 9.3B1C and a 5 east sideyard variance to build a two car garage. Gary Schmitz presented the information as per memo of September 21, 1989. Staff felt the applicant had attempted to design a structure to fit within the available building envelope and would recommend approval of the 5' east sideyard variance. As the lot is a lot of record and a substandard lot, the applicant should be allowed to develop the property and the variance is in line with the character of the neighborhood therefore the variance to Sections 9.2B3 and 9.3B1C is recommended for approval also. Comments from the Commissioners concerned sidewalk location and neighborhood development. MOTION BY ROSETH, SECOND BY WELLS, TO APPROVE A 5 EAST SIDE YARD VARIANCE FOR 4075 ROANOKE AVENUE AND SECTIONS 9.2B3 AND 9.3B1C VARIANCES OF THE SHORELAND MANAGEMENT ORDINANCE AS THE LOT IS SUBSTANDARD IN AREA AND DIMENSION AND THE VARIANCE WOULD NOT BE DETRIMENTAL TO HEALTH AND WELFARE OF THE NEIGHBORHOOD AND IS IN LINE WITH PAST VARIANCES THAT HAVE BEEN GRANTED. Vote taken signified ayes by Wells, Arnold, Roseth, Loftus and Kedrowski. MOTION CARRIED. 4629 Dakota St. S.E., Prior Lake Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 PLANNING COMMISSION MEETING MINUTES SEPTEMBER 21, 1989 PAGE 2 I TEM III - DANIEL KLAMM - FRONT YARD VARIANCE Daniel Klamm, 4130 - 140th St. N.E., Prior Lake, stated that he is applying for a 54'8" variance from County Road 42 in order to improve his home. Gary Schmitz presented the information as per the memo of September 21., 1989. A problem was discovered when the survey was received Tuesday morning, showing that the distance from County Road 42 as 94' and not 95.2, thereby making the variance needed a 56' front yard variance. This leaves three options for the applicant. Table the hearing until the next meeting in order for surrounding properties owners to be notified of variance change. Scale down application 1 Change the design to conform with the variance which was provided to adjacent property owners. A ten minute recess was called at 7:40 P.M., for the applicant to consider these options. Meeting called back to order at 7:50 P.M. Mr. Klamm stated that he would take the 50' variance at this time and reapply for the 56' variance for the front yard. Mr. Schmitz stated that the home was built in 1965 and did meet , requirements that were in effect at that time, theref Staff - recommends approval of the variance as the hardship was caused by the Ordinance change and not the result of the applicants actions. Norm Casperson, contractor for the project reported that the County is planning to purchase property for a proposed road to the south so the situation should improve. Chairperson Kedrowski read into the record a letter from Bradley Larson, County Highway Engineer, stating that they have no objections to the requested variance. Comments from the Commissioners were; variances on the whole structure, procedure for the variance, and frontage road system on County Road 42. MOTION BY LOFTUS, SECOND BY ARNOLD, TO GRANT A 50' FRONT YARD VARIANCE FROM COUNTY ROAD 42 FOR THE PROPERTY AT 4130 - 140TH STREET N.E., APPLICANT IS TO MAKE THE REQUESTED CHANGES WITHIN THE 50' VARIANCE FOR THE PROPERTY. RATIONALE BEING THAT THE HARDSHIP IS CAUSED BY THE ORDINANCE AND NOT BY THE APPLICANTS ACTION AND IS NOT DETRIMENTAL TO THE HEALTH AND WELFARE TO THE NEIGHBORHOOD. AN AMENDMENT TO THE MOTION STATED THAT THE APPLICANT AGREED TO i. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 21, 1989 PAGE 3 AMEND HIS APPLICATION TO 50'. SURVEY FURNISHED IS TO BE EXHIBIT A. Vote taken signified ayes by Roseth, Wells, Kedrowski, Loftus, and Arnold. MOTION CARRIED. ITEM III COUNCIL AND PLANNING COMMISSION WORKSHOP ITEMS Items City Council want to discuss are County Road 42 and 13. Mr. Schmitz was called on to give a brief summary of the Savage Council meeting he attended regarding this area. Consensus from the Commissioners that an item of discussion at the workshop should be on communication with Savage. MOTION BY ARNOLD, SECOND BY WELLS, TO ADJOURN MEETING. Vote taken signified ayes by Wells, Arnold, Kedrowski, Roseth and Arnold. MOTION CARRIED. Meeting adjourned at 8:35 P.M. Tape of meeting available at City Hall. Deb Garross Rita M. Schewe Assistant City Planner Recording Secretary NOTICE OF PRIOR LAKE PLANNING COMMISSION SPECIAL MEETING & WORKSHOP You are hereby notified that the Prior Lake Planning Commission will meet at 6:30 p.m on Thursday, October 5, 1989. The meeting will take place in the Prior Lake City Council Chambers at 4629 Dakota Street S.E. The Planning Commission will begin the meeting one hour early to discuss regular agenda items. At 7:00 p.m. the Planning Commission and City Council will hold a joint workshop to discuss the following items: Review City Code Section 2 -3 -1 to 2 -3 74; Discuss Comprehensive Plan Issues for Study in 1990; Review variance Criteria: Process and the Hardship Test; Creating community Identity; Impact on Major County Road Development; Discuss merits of process to vacate lake access; Provide direction to staff. The Workshop is scheduled to be conducted from 7:00 p .m to 10:00 p.m. If you desire to be heard in reference to these matters, you should attend this meeting. oral and written comments will be accepted by the Planning Commission. For more information, contact the�'Prior Lake Planning Department at 447 -4230. J Deb Garross Assistant City Planner To be published in the Prior Lake American Monday October 2, 1989. 4629 Dakota St. S.E.. Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 PRIOR LAKE CITY COUNCIL WORKSHOP THURSDAY, OCTOBER 5, 1989 I. 3:00 P.M. LAKEFRONT PARK DISCUSSION: 1. PRESENTATION OF PLAN 2. DISCUSSION OF "CORP" PLAN CONTENTS 3. DISCUSSION. OF FINANCING OPTIONS 4. PROVIDE DIRECTION TO STAFF.- - II. 5:00 P.M. DINNER MEETING 1. INTRODUCTION OF PARKS ADVISORY COMMITTEE III. 7:00 P.M. PLANNING COMMISSION DISCUSSION �. 1. REVIEW CITY CODE SECTION 2 -3 -1. TO 2 -3 -4 2. DISCUSS COMPREHENSIVE PLAN ISSUES FOR STUDY IN 1990 3. REVIEW VARIANCE CRITERIA: PROCESS AND,; THE HARDSHIP TEST* 4. CREATING COMMUNITY IDENTITY. CAN IT DONE? 5. IMPACT ON MAJOR COUNTY ROAD DEVELOPMEN'4 ;' A. CR 21 C. CR 18 B. CR 42 D. CR 82 A 83 6. DISCUSS MERITS OF PROCESS TO VACATE LARD ' ACCESS. 7. PROVIDE DIRECTION TO STAFF IV. 10:00 P.M. ADJOURN NOTICE OF PRIOR LAFE PLANNING COMMISSION SPECIAL MEETING The Prior Lake Planning Commission will hold a special meeting to discuss meeting procedures and proposed By -Laws. PUBLIC MEETING INFORMATION: When: Thursday, September 28, 1989 Time: 6:30 P.M. Where: Community Room Prior Lake City Hall First Floor Who will be notified: Prior Lake American How to participate: You may attend the meeting and offer comments. To register in advance to speak, please call Rita Schewe at 447 -4230. You may send a letter with comments to The Prior Lake Planning Department or City Manager David J. Unmacht City Hall 4629 Dakota Street Prior Lake, MN 55372 Any questions: City Manager David J. Unmacht: 447 -4230 4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 7:30 P.M. CALL TO ORDHR 7:30 P.M. REVIEW MINUTES OF PREVDOOS MEETING 7:35 P.M. HEARING SIDE YARD VARIANCE PJMU1LL RIM 8:00 P.M. HEARING SIDE YARD VARIANCE PATRICIA NORLDV 8:15 P.M. HEARING SIDE YARD VARIANCE BRUCE PETERSON 8:'10 P.M. HEARING FROBT YARD VARIANCE NAM ALLISON 8:45 P.M. HEARING HOME OCCUPATION GUY Sffi,DVSn 9:15 P.M. DISCUSSION RETREAT TOPICS STAPF 9:30 P.M. DISCUSSION BY-LAW (CONTINUED) STA" * Indicates a Public Hearing 1 ' All times stated on the Planning Ca®iasion Agenda, with the exception of Public Hearings, are approximate and may start a few minutes later than scheduled. 4629 Dakota St. S.E., Pnor Lake Minnesota 55372 1 Ph. (612) 4474230 / Fax (612) 4474245 PLANNING COMMISSION MINUTES SEPTEMBER 7, 1989 C C The September 7, 1989, Prior Lake Planning Commission was called to order by Chairperson Kedrowski at 7:30 P.M. Present were Commissioners Arnold, Kedrowski, Loftus, Roseth, Wells, Director of Planning Horst Graser, and Assistant City Planner Deb Garross. ITEM I - REVIEW MINUTES OF THE PREVIOUS MEETING Mr. Graser advised the Commissioners that an item had been omitted from the Rick Swenson Subdivision variance hearing and the minutes should be amended to include the findings of the hearing. MOTION BY ARNOLD, SECOND BY LO INDUSTRIAL PARK DEVELOPMENT AT TO RECOMMEND THAT THE CITY TWELVE OF THE CITY SUBDIVISION CHAPTERS 6 -6 -8, 6 -6 -4, 6 -7 -2 THIS IS THAT THE DEVEL40PNENT I PLAN, THE GENERAL HEALTH AND .:W HAVE BEEN ADEQUATELY ADDRES ADEQUATE PARKING, BUILDING SI THERE ARE ONLY THREE VACANT PARK. THE DEVELOPMENT HAS HAD INTENSITY USE AND WILL NOT CON OR OTHER USES IN THE INDUSTRIA REGARDING THE RICK SWENSON ME AVENUE AND COUNTY ROAD 21, CE WITH THE EXCEPTION OF 6 -7 -1A. THE REASONING FOR TENT WITH THE .CON PRE HENS IVE ISSUES OF THE .COMMUNITY EGARD TO THE SEPTIC SYSTEM, ATION, ACCESS, AND THAT .LEFT IN THE I -2 INDUSTRIAL 'RABLE STAFF INPUT, IS A LOW OR JEOPARDIZE THE COMMUNITY THAT ITEM #10 OF THE CONTINGENCIES ON THE ORIGINAL NOTION ON PAGE 2 OF THE AUGUST 17, 1989, MINUTES BE REMOVED AND REPLACED BY THE AFOREMENTIONED MOTION. Vote taken signified ayes by Arnold, Loftus, Roseth, and Wells. one abstention by Kedrowski as he was not present at the August 17, 1989, meeting. MOTION CARRIED. MINUTES AMENDED. Commissioner Wells suggested that the comment from the Commissioners stating " how well it appears that City Staff and the business community have worked together to accomplish a positive outcome for everyone" be added to the end of paragraph three on page two. Amend the minutes to reflect that Commissioner Kedrowski was absent at the August 17, 1989, Planning Commission Meeting. MOTION BY ROSETH, SECOND BY ARNOLD, TO APPROVE THE MINUTES AS AMENDED. 4629 Dakota St. S.E., Prior lake, Minnesota 55372 / Ph. (612) 447 -4230 1 Fax (612) 4474245 PLANNING COMMISSION MEETING SEPTEMBER 7, 1989 PAGE 2 Vote taken signified ayes by Arnold, Loftus, Roseth, Wells. Commissioner Kedrowski abstained. MOTION CARRIED. ITEM II - RANDALL RIES -SIDE YARD VARIANCE Randall Ries, 16484 Inguadona Beach Circle, stated that due to an scaling error in the drawing the variance needed for the east rear yard is 4' instead of 7 1 as applied for. The south side yard variance is 5 He is requesting the variances in order to enlarge his living quarters as the home is a one bedroom home and with two children needs the additional space. Mr. Graser presented the information as per memo of September 7, 1989. The lots in the area are predominately 50r lots and homes in the area are older homes or cabins. Staff recommendation is to approve the application. Bonnie Irvine, 16478 Inguadona Beach Circle, stated that the Ries residence is 4'6" from the lot line according to their plat drawing they had done by Valley Engineering in 1984 and wanted this information to be part of the record. Chairperson Kedrowski suggested that Mr. Ries and Mr. 8 Mrs. Irvine meet outside the Council Chambers to discuss the problem and try to work out a solution this evening. MOTION BY WELLS, SECOND BY ROSETH, TO CONTINUE THE RIES APPLICATION UNTIL LATER. Recess called at 7:58. Reconvened at 8:00 P.M. ITEM III - DANIEL 6 PATRICIA NORLIN - SIDE YARD VARIANCE Dan Norlin, 14886 Lori Road, wishes to renovate his home and add a double garage and is requesting a 3 west side yard variance. Deb Garross presented the information as per memo of September 7, 1989. Staff did riot receive any response from the DNR on this application. Recommendation by Staff would be to approve the variance. commissioners comments were a question on the variance amount, method of locating property lines and support for the variance. MOTION BY WELLS, SECOND BY ROSETH, TO GRANT A 3• 5" WEST SIDE YARD VARIANCE FOR 14886 LORI ROAD S.E GIVEN THAT THERE IS AN EXISTING STRUCTURE CLOSER TO THE SIDE YARD THAN THE VARIANCE APPLIED FOR, SUBSTANDARD LOT SIZE, IN LINE WITH 'DECISIONS MADE By THE COMMISSION IN THE PAST, DOES NOT JEOPARDIZE THEHEALPH AND WELFARE OF THE COMMUNITY. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 7, 1989 PAGE 3 Amendment by Commissioner Loftus, to add to the motion that no opposition was expressed by the neighbors, failed. Vote taken signified ayes by Arnold, Kedrowski, Loftus, Roseth and Wells. MOTION CARRIED. ITEM III - BRUCE PETERSON - SIDE YARD VARIANCE Mr. Peterson was not present. Recess called for 5 minutes at 8:15 P.M. Reconvened at 8:20 p.m. Mr. Peterson not present. MOTION BY KEDROWSKI, SECOND BY ROSETH, TO CONTINUE BRUCE PETERSON VARIANCE UNTIL THE END OF THE AGENDA AND ACT AT THAT TIME. Randall Ries variance was considered at this time..'. Mr. Ries said he would request a 5' south side yard variance and would offset the new construction from the existing structure which is located 4 from the south side property line. Future additions would be planned so that the entire building will be 5' from the property line. This was agreeable with Mr. i Mrs. Irvine and Staff. Comments from the Commissioners were, lot is substandard, a one bedroom home is not adequate, garage location, parking, and appreciate the fact that the parties involved could work out a solution. MOTION BY ARNOLD, SECOND BY 4' EAST REAR YARD VARIANCE, 9.3B1C OF THE SHORE LAND MA BEACH CIRCLE, RATIONALE BE CREATES A HARDSHIP, IS IN IN THIS NEIGHBORHOOD, IS AN AND IS NOT DETRIMENTAL TO T AND IN CHARACTER WITH TH VARIANCE TO SECTIONS 9.23E AND SEWER AND WATER DOES E SHOULD HAVE THE OPPORTUN HOMES WITH SIMILAR LOT REST Vote taken signified ayes by Arnold, Kedrowski, Loftus, Roseth and Wells. MOTION CARRIED. Mr. Peterson was present and advised that his application would be heard at the end of the agenda. IT EM V - WADE ALLISON - FRONT YARD VARIANCE Mr. Allison, 4330 Dakota St., presented the alternate design for a garage that was recommended by the Planning Commission at the August 17, 1989, showing the garage attached to the westerly side of the house requesting a 4' west side yard variance. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 7, 1989 PAGE 4 Deb Garross presented the information as per memo of September 7, 1989. Staff does recognize the efforts of the applicant to reduce the variance requested but Staff feels that the garage should be 22X34 therefore, Staff recommended a 2' west side yard variance be granted instead of the 4' requested. Comments from the Commissioners; acknowledged efforts of the applicant, felt that a 2' variance would be better but 4' would be allowable, maintenance of two driveways, lot area is less than 10,000 square feet causing a hardship, coverage ratio, and a contingency on the driveway. MOTION BY ROSETH, SECOND BY WELLS, TO APPROVE 4 NEST SIDE VARIANCE FOR AN ATTACHED 24 X 34 GARAGE. ADDITION AT 4330 DAKOTA ST., CONTINGENT THAT THE DRIVEWAY EXISTING ON TO DAKOTA' BE ELIMINATED AND THE GARAGE SEALED OFF WITHIN A PERIOD OF TWELVE MONTHS. In the discussion following the motion, Commissioner Arnold expressed concern on the site line impact. Commissioner Loftus felt it should be recorded that the neighbors voiced no objections to the alternate plan by Mr. Allison. Vote taken signified ayes by Loftus, Kedrowski, Wells, and Roseth. Nay by Arnold. MOTION CARRIED. ITEM VI GUY SELINSKE - HOME OCCUPATION PERMIT Guy Selinske, 16813 Lyons Ave. stated that he is seeking: a home occupation permit to work out of his home- and operate a glass repair service. The applicant has been working from his home for the past five years but neglected to apply for a permit. Deb Garross presented the information as per now of 8 r 7, 1989. This application was brought to the attention of staff by a complaint. Other violations of the complaint have been satisfied. This occupation is the primary source of income for the applicant. There are two employ emi plus Mr. Selinske and his wife. Staff's recommendation would be to approve the home occupation permit with the following conditions:` 1. The operation be limited to dispatch only. 2. The number of employees be limited to family members and one glass installer. 3. No exterior signs be allowed to advertise the business. 4. No exterior storage be allowed on site. 5. All repair work be conducted off site. Chairperson Kedrowski read into the record a letter dated September 4, 1989, from Gerhard E. Zaudtke, 16803 Lyons Ave. stating he had no objections to the permit, and a letter dated PLANNING COMMISSION MEETING MINUTES SEPTEMBER 7, 1989 PAGE 5 September 7, 1989, from Pam Tandberg, 16827 Lyons Ave. objecting to the home occupation permit. Comments from the Commissioners were; nature of business, method of operation, procedures, storage of glass, delivery of .inventory, size of delivery trucks, disposal site, concerned on a business operating in a residential area, exterior signs, number of employees and parked vehicles. MOTION BY WELLS, SECOND BY ARNOLD, TO APPROVE A HOME OCCUPATION PERMIT FOR 16813 LYONS AVENUE FOR THE OPERATION OF A GLASS REPAIR SERVICE WITH THE FOLLOdING CONDITIONS: 1. OPERATION BY DISPATCH ONLY, NO DELIVERIES, NO STORAGE. 2. NUMBER OF EMPLOYEES BE FAMILY MEMBERS AND ONE NON- FAMILY MEMBER FULL TIME EMPLOYEE. 3. NO EXTERIOR SIGNS TO BE DISPLAYED ON THE PREMISES. 4. NO EXTERIOR STORAGE BE ALLOWED ON SITE. 5. ALL REPAIR WORK BE CONDUCTED OFF SITE. 6. ALL PARKING TAKE PLACE IN DRIVEWAY. Vote taken signified ayes by Arnold, Kedrowski, Loftus, Roseth and Wells. MOTION CARRIED. ITEM VII STAFF RETREAT TOPICS Mr. Graser outlined items to be discussed at the Council and Planning Commission Workshop on October 5, 1989, 7:00 to 10:00 P.M. Items as follows: 1. Community Identity. 2. County Road 21 - positive and negative aspects. 3. Variances and hardship tests. 4. County Road 42 - 13 intersection. Chairperson Kedrowski requested that an agenda with items outlined be sent to Commissioners before the Workshop. Mr. Graser emphasized the need to focus on community identity. MOTION BY ROSETH, SECOND BY WELLS, TO SUPPORT CITY STAFF'S RECOMMENDATIONS FOR THE WORKSHOP ITEMS. Vote taken signified ayes by Wells, Roseth, Loftus, Kedrowski and Arnold. MOTION CARRIED. ITEM IV - BRUCE PETERSON - SIDE YARD VARIANCE Mr. Peterson, 15275 Fairbanks Trail, stated that he is requesting a 2' east side yard variance to build a new single family home. Deb Garross presented the information as per memo of September 7, 1989. An older home is being removed and a new residence PLANNING COMMISSION MEETING MINUTES SEPTEMBER 7, 1989 PAGE 6 constructed. The home does meet the required setbacks except for two feet needed for a fireplace chimney. Comments from the Commissioners were; that lot is substandard, variance is no'. detrimental to the health and welfare of the community, and support for the variance. MOTION BY ROSETH, SECOND BY ARNOLD TO APPROVE THE 2 FOOT EAST SIDE YARD VARIANCE FOR 15275 FAIRBANKS TRAIL. THE PROPOSED HOME WILL BE BUILT LESS AT VARIANCE THAT THE EXISTING STRUCTURE WHICH WILL BE AN IMPROVEMENT TO THE NEIGHBORHOOD. THE VARIANCE AND IS NOT DETRIMENTAL TO THE HEALTH AND WELFARE OF THE NEIGHBORHOOD AND IS A SUBSTANDARD LOT. Vote taken signified ayes by Wells, Roseth, Loftus, Kedrowski and Arnold. MOTION CARRIED. Mr. Graser informed the Commissioners that the Citp Manager would like the Commissioners to partake in seminars. The information will be sent when available. ITEM VIII - STAFF - BY -LAWS DISCUSSION Consensus from the Commissioners was to discuss the By -Laws at a separate date. September 28, 1989, was decided and the meeting will be held at an outside location. Miss Garross and Mr. Graser will coordinate the meeting date and location. MOTION TO ADJOURN BY ARNOLD, SECOND BY ROSE vote taken signified ayes by Wells, Arnold, Roseth, Kedrowski and Loftus. NOTION CARRIED. Meeting adjourned at 10:15 P.M. Tapes of meeting available at City Hall. Horst Graser Rita M. Schawe Director of Planning Recording Secretary