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HomeMy WebLinkAbout1988 April Planning Commission MinutesCITY OF PRIOR LAKE 7:30 P.M. 7:30 P.M. 7:35 P.M. 8:15 P.M. CALL TO ORDER PLANNING ODMMISSION AGENDA APRIL 21, 1988 �,-r � 'iii A • • - . rn � e 8:30 P.M. HEARING 9 :00 P.M. REARING 9:15 P.M. RPARnE 9:30 P.M. HEARING 10:00 P.M. REARING so , i, i. •.: ry r (872) 447.4280 4621 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 PLANNING COMMISSION MINUTES APRIL 21, 1988 The April 21, 1988, Prior Lake Planning Commission meeting was called to order at 7:30 P.M. by Chairman Roseth. Present were Commissioners Arnold, Loftus, City Planner Graser, Assistant City Planner Garross, Kedrowski arrived at 9:45 P.M. Absent was Commissioner Wells. 45L '�! Ill �. � �,3! •. u�S S/mlif. MOTION By ARNOLO, SECOMED BY LOFTUS, TO APPROVE THE APRIL 7, 1988, PRIOR LAKE I' LANNING COMMISSION M11 • >. S S I Upon a vote taken, ayes by Arnold, Loftus, Boseth; the motion passed unanimously. Clinton Chamberlain, Marina Planner, stated that this is a simple layout due to the comments of the February 18, 1988P meeting. The comments at the meeting were warranted and they tried to deal with then through eliminating all public use of launching at this site. They are still requesting 99 dock slips, a 30 boat dry dock storage area with a fence around it and feel they have a workable plan. The audience input at this time was concern over traffic, congestion of cars and boats, County Road 21 widening, dust, screening, security of boat storage area, density, abuse in area, DNR input, maintenance done on boats, gas pump and docks, safety, County Highway input, and zoning of area. At this time Assistant City Planner Garross camonted that a phone call was received from Beth Brazier voicing concern over the expansion of the Marina with regard to additional congestion and safety hazards resulting from the expansion. City Planner Grazer commented per memo dated April 21, 1988. Also stating that due to the late date in receiving the material from the applicant, the County Highway Department, County Sheriff's Department and the DRR were unable to review and comment by the meeting date. Therefore, the application could either be denied or continued. (812) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 MINUTES OF THE PRIOR LAKE PLANNING COMMISSION APRIL 21, 1988 City Manager Unmacht commented that the concern was not over the quality but quantity requested regarding the Marina. The new application had changed 4 items and perhaps the Commission could give specific items they want from the applicant. The Planning Commissioners discussed the request and felt the concerns of all should be considered by the applicant. MOTION BY ARNOLD, SEOOMED BY LOFTUS, TO CONTINUE THE LAKESIDE MARINA NON FORMING USE EXPANSION BY JAMES DUNN TO MAY 19, 1988, 8:00 P.M. TO ALLOW THE APPLICANT TO ADDRESS THE CONCERNS LISTED BELOW. ALSO A SPECIAL REQUEST TO STAFF 'N NOTIFY ALL PROPERTY OWNERS AGAIN, THE PROPERTY OWNERS ALONG EAGLE CREEK AVENUE BE NOTIFIED AND A NOTICE IN THE PAPER. 1. CERTIFIED SURVEY 2. EAW (ENVIRONMENTAL ASSESSMENT NURi.SHEET — RH=RE ENT OF CITY) 3. DNR REVIEW AND COMMENT 4. SCOTT COUNTS[ SHERIFF RWIEW AND COMMENT (MUM LOCATION OF CHANNEL) 5. SURVEY MUST SHOW AND INCLUDE LBGAL DESCRIPTION OF THE LEC'.lAL NON CDNFOY44M SITE 6. COUNTY ENGnMM INPUT AS To FUTURE COUNTY ROAD 21 NM)Si 7. IF BOATS ARE STORED THEN HOW SBCDNEU 8. DEFINE STORAGE AND SERVICE AREA FOR MARANA 9. LAND USE JUSTIFICATION FOR ADDITIONAL SLIPS 10. MEND PROM ANNA JASPERS GIVEN TO APPLICANT To ADDRESS CONCERNS Upon a vote taken, ayes by Arnold, Loftus, Roseth; the motion passed unanimously. Rod Stankovich, President of Cabooze Cruise Linea, commented that the amemiment was for cruise embarkation from McNillies instead of Lakeside Marina, all other stipulations and criteria will stay the same. City Planner Graser commented per memo dated April 21, 1988. Only one residential concern was expressed regarding parking. Assistant City Planner Garross read into the record concerns from Brian and Julie Gibson per their phone conversation of April 21, 1988. The Planning Commissioners discussed the request with regard to parking and contingencies placed an the operation by City Council in April of 1987. MOTION BY LOFTUS, SBCDNDED BY ARNOLD, TO APPROVE THE RB"W To AM@D Mc WILLIES CONDITIONAL USE PERMIT TO PERMIT CABOOSE CRUISE LIMPS To AERATE FRCM THE SITE FOR A ONE YEAR TERM PROVIDED: .1 HOURS OF OPERATION ARE NOT TO HMO PAST 10:00 P.M. DURING THE WEER AND 10:30 P.M. ON THE WEEKEND. 2. THE NOISE FACTOR BE CONTROLi O BOTH ON AND C" SHM. 3. THE APPLICANT HAVE ALL APPLICABLE LICENSES CORRENT AND AVAILABLE FOR INSPECTION. 4. THE CREW NOT CONSUME ALCOHOL DURING HOURS OF OPERATION OR OPERATE WHILE INIOKICAM. 9 MINUTES OF THE PRIOR LAKE PLANNING COMMISSION APRIL 21, 1988 5. APPLICANT DEVELOP POLICIES OF CONDUCT AND PROCEDURES FOR HIS CUS AERS TO BE SENSITIVE TO PROPERTY OWNERS. Upon a vote taken, ayes by Arnold, Loftus, Roseth; the motion passed unanimously. ITEM IV CONDITIONAL USE PERMIT REQUEST BY JAN BRIXIUS Jan Brixius stated that they bought the property at 16559 Dunkirk Avenue SW in 1972, 16 years ago about the same time the Spring Lake annexation occurred. At that time they had received permission from the governing body but are unable to find any records or people who granted the permission. The duplex structure has been well kept up and in 16 years there hasn't been any complaints until now. Ms. Brixius presented a written statement from 4 area residents who have no problem regarding the duplex. City Planner Graser commented per memo dated April 21, 1988. mie McWilliams, area resident, stated that she has never had any problem with the duplex living situation. The Planning Commissioners felt empathy for the applicant, however, the ordinance must be adhered to otherwise a dangerous precedent would result if they granted the request. MOTION BY ARNOLD, SECONDED DID BY LGP'1VS, 10 DEW WE APPLICATION FOR A CONDITIONAL USE PERMIT FOR 16559 DUNKIER AVENUE SM TO PERMIT A TWO FAMILY DWELLING IN AN R-1 DISTRICT, SINCE IT IS NOT CONSISTENT WITH THE CONROIEiBIVE PLAN OP PRIOR LAKE. Commissioner Loftus would like the record to reflect that he felt the applicant has sufficient hardship in that the length of ownership miler are person was 16 years, the governing body was different in 1972 and annexation took place that year. Mr. Loftus would like the City to take this into consideration. At this time Assistant City Planner Garross stated that a phone call was received from Brian and Julie Gibson in opposition to the duplex for the reason that if one is allowed, it will be virtually impossible to stop more duplex situations within the single family neighborhood. Upon a vote taken, ayes by Arnold, Loftus, Roseth, one absontionJ the motion passed. Chairman Rustth requested that all residents be notified before the City Council hearing on this item. At this time a 2 minute recess was called. She meeting resumed at 9:55 P.M. ITEM V - VARIANCE REQUEST BY RCAEFP DIETRICB Mr. Dietrich, contractor, for Laurie and Roger Breisch, 14330 Rutgers Street N.E., stated that he was contracted to build a double garage on an existing home. The Building Permit was obtained but the discrepancy was not found until later after the construction had started when the Building Inep 'tor came out to inspect the project and found the measurements off by 4 feet. This was due to the alignment of the house on an irregular shaped lot and the original survey was off several feet. Therefore a new survey was done and the correct lot alignment to the proposed garage needs a 4 foot variance. 3 MINUTES OF THE PRIOR LAID; PLANNING ODWUSSION APRIL 21, 1988 Assistant City Planner GarroSS commented per memo dated April 21, 1988. The Planning Camnissioners discussed the item. MOTION BY KEDROWSKI, SEOONDED BY LOFTUS, TO APPROVE A 4 FOOT WEST SIDE YARD VARIANCE FOR 14330 RUTGERS STREET, SINCE IT IS A CONTINUATION OF THE EXISTING LINE AND IS CONSISTENT WITH PREVIOUS GRANTED VARIANCES. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, RDseth; the motion passed unanimously. *The next two hearings were called simultaneously due to the lateness of the hour. ITEM Vi - SHORFLAPD VARIANCE REO= BY KENNETH-MM ITEM VII IAKESHORF VARIANCE RED(= BY KF.dNM BEDBERS The applicant Kenneth Hedberg commented that the lots are consistent with several 50 foot lots in the neighborhood. There is an older structure on the lots which needs repair, therefore, it will be torn dam and a house and garage will be built. He would like to combine Lots 4, 5, and 6 except the North 8 feet of Lot 6, Bed Oaks Addition and then split them into two parcels to make two 71 foot lots instead of two 50 foot lots and a 42 foot lot. He is requesting a variance from item a of the Subdivision Ordinance Section 6-1 -3 Administrative Plat and Zoning Ordinance 9.3B. for separate ownership so he may proceed with the lot split. Also he is requesting 3 17 foot lakeshore variance to build the proposed house and is consistent with a line drawn between existing neighboring homes. Assistant City Planner Garross commented per memo dated April 21, 1988. Me. Garross stated that the Commissioners are required to give recdmendaticn to the City Council regarding this lot split. Also she stated that the ERR letter received today was a surprise since Nike Mueller had previously responded favorably to the lot split. Mr. Clarence Fishbach, 15348 Red Oaks Road, commented that the ordinance calls for specific setbacks and that the rules should be abided by, therefore, the request should be denied. Dave Uhnwht, City Manager, stated that the Shoreland Ordinance and Subdivision Regulations are new documents and reed to be worked with, however, there is no other alternative at present but thorough the variance procedure to alter any intent. The Planning Cammissioners discussed the request for a lot split and variances by Kenneth Hedberg and felt very favorable towards the increased lot sizes. However, they felt the substandard lot section of the Zoning Ordinance needs to be worked with to clearly define the intent. MINUTES OF THE PRIOR LAKE PLANNING COMMISSION APRIL 21, 1988 MOTION BY LOMS, SECONDED BY ARNOLD, TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF A LOT SPLIT AND APPROVE: A VARIANCE FROM MINIMUM LOT SIZE RHQUIREMEM OF 15,000 SQUARE FEET, A VARIANCE FROM ZONING ORDINANCE SECTION 9.31Be REQUIRING SEPARATE OWNEFWIP OF SUBSTANDARD LOTS FOR IOM 4, 5 AND PART OF 6, RED OAKS. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth; the motion passed unanimously. MOTION BY KEDROWSKI, SECONDED BY LOF US, RECOMMENDING THAT THE CITY COUNCIL REVIEW AND RESOLVE WHATEVER INADEQUACIES OF THE SUBSTNMRD LOT SECTION OF THE SHORELAND REGULATIONS TO CLARIFY THE IMEM OF THE SECTION. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth; the motion passed unanimously. MOTION BY A RNOLD , SECONDED BY LOEIUS, TO CLOSE THE PUBLIC HEARING FOR LOT SPLIT FOR LOTS 4, 5, AND PART Cp LOP 6, RED OARS Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth; the motion passed unanimously. *The tape of this public hearing will be kept on file in the office of the City Planner as official record. MMCIN BY AEWD, SECONDED BY KEPI, TO APPROVE A 5 F00r FROM YARD AND 12 FOOT LAKESEM VARIANCE FOR PARCEL A SINCE IT IS CONiSISTENr WM PREVIOUS VARIANM GRAMM BUr CONrINGEM UPON CITY COUNCIL APPROVAL OF THE L40T SPLIT FOR LOTS 4, 5 AND PART OF LOT 6, RFD OAKS. Upon a vote taken, ayes by Arnold, Kedrowski, Loftua, Roseth; the motion passed unanimously. At this time Horst Graser, Planning Director, stepped down from the C®ission and joined the audience. ITEM VII - MWUMM oarmnn Jan Graser camiented that due to the triangular shape Of View 2nd Addition, it would be a hardship without the t variances k to� build a normal size home. This request is consistent with other Names in the area. Assistant City Planner Garross cemented per memo dated April 21, 1968. Dave Nkmacht camented that he concurs with Ns. Garross's write up and the DNR is in favor of the request. The Planning Caumissioners discussed the variance request. MDrICN BY KEDROWSKI, SECONDED BY ARW1D, TO APPROVE A 5 F= FROM YARD AND A 14 FOOT LAKESHORE VARIANCE NOR LOP 10, MM 1, IS" VIM 2ND AMMON SINCE IS IS CONSISTEM WITH PREVIOUS VARIANCES GRANTED AND NOT DC7RlN WM To THE GOM M, HEALTH AND WELFARE OF THE COMMUNITY. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth; the motion passed unanimously. 5 MINVPES OF 141E PRIOR LAKE PLANNING COMFIISSION APRIL 21, 1988 At this time Horst Graser returned to the Camnission. MMON By La-XS, SECONDED By ARNOLD, TO ADJOURN THE APRIL 21, 1988, PRIOR LAKE PLANNING COMMISSION MEETIM. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Ibsethj the motion passed unanimously. The meeting adjourned at 11:25 P.M. BOWr W. GRASW DnwCBOR OF PLAN= r. 6 CITY OF PRIOR LAKE PLANNING OOMMISSION AGENDA APRIL 7, 1988 7:30 P.R. CALL TO 0FIM 7:30 P.& REVIEW MINO3'BS OF PRBVIODS MWING 7:35 P.M. BEARING VARIA14CE B.1M® i EDMUND LARlA (612) 447.4230 4629 DAKOTA STREET S.E. PRIOR MAKE, MINNESOTA 55272 CITY OF PRIOR LAKE PLANNING OOMMISSION MINUTES APRIL 7, 1988 The April 7, 1988, Prior Lake Planning Connission meeting was called to order at 7:30 P.M. by Chairman Roseth. Present were Commissioners Arnold, Kedrowski, Loftus, Assistant City Planner Garross, Wells arrivead at 7:43 P.M. ITEM I - REVIEW MINUTES OF PREVIOUS MEETING MOTION BY KEDRO SKI, SECXV D BY LOF US, TO APPROVE IRE MAIM 17, 1988, PRIOR LAKE PLANNING COMMIMION MINUTES AS PRESENTED. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, RDseth; the motion passed unanimously. At this time a 3 minute recess was called. The meeting resumed at 7:35 P.M. ITEM II - VARIANCE RBQUEbT BY EDKW AND BARBARA LAM Edmund Larks commented on the lot which they purchased in February without the knowledge of the lakeshore setback requirements from a natural environment lake in a A-1 Agricultural zoned district. The lot was checked thoroughly for a suitable site but unfortunately there is only one which will need a variance for a home to be built. This site would have the least amount of disturbance to natural features. Steve Veit, President of Architectural Tradesmen, commented that the 200 foot setback from Howard Lake would be impossible due to the septic and well locations which can only be located in or— area. Also the water table is very high on this lot. Deb Garross, Assistant City Planner, commented per memo dated April 7, 1988, but stated that a different recommendation would be given. Due to the setbacks for the house, septic and well systens, driveway easement, zoning, Canty Read 81 to the north, and topography of the lot, the applicant would be unable to meet the 200 foot setback. Therefore a 508 setback could be given in this case. At this time audience input was given. Barb Larka camnented that to move the house back 6 feet would jeopardize 2 large trees. (812) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 The Planning Commissioners felt there is a definite hardship here but would only feel comfortable with a 5C% rule on a variance. The applicant's requested a 5 minute meeting before continuing with the r_,quest. Tom Kedrowski presented the Commissioners with an item for discussion regarding working relationship with bordering Cities on bordering developments. NI:TICN BY KEDROWSKI, SEODNDED BY ARNOLD, TO RECOMMEND THAT CITY STAFF LOOK INTO MUTING AND HAVING. FORMAT. TALKS WITH BORDERING CITIES SUCH AS, SCOTT COUNTY, SRAROPEE, SAVAGE REGARDING DEVMMM M AND MAIIP mwxE or BORDMU I' PROPERTY ALO-% INTERSECTING ROADMYS. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, wells; the motion passed unanimously. At this time E&mmd and Barbara Larks returned with a request for a 100 foot lakeshore variance for Lot 1, Block 1, Howard take Estates. MOTION BY KEDWWSKI, SSOONDP.D BY WELLS, TO GRAM UP TO A 100 POOP IAKES'HORE VARIANCE FROM HOWARD LAKE FOR LOT 1, ELM 1 BOOM LAKE E.4PATES UPON THE F� STIPULATIONS: 1. SDIL EHOSICN 00N1'1i x WEASORBS BE TARN 2. MEASURES TARN TO PADTHCT AGAINST TREE LOSS 3. TBMPORRU GROUND OXWER INS' PALL® WrnM A RERSCW Z PEItIOD OF TINE BASED ON STAFF ReanP3'DARIQi, Fumm18 SET AND TawaRAPHIC awrom 1T11cm. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Faseth, Wells; the motion passed unanimously. MOTION BY AIVILD, SE00im BY 1(MFDMI, TO AW0t= THE APRIL 7, 1988, PRIQt LAKE PLANNM ODMQSSION MEETING. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Hoseth, wells; the motion passed unanimously. The meeting adjourned at o.rq -.v, HUASr G'RASIR DIRECTOR OF PLANUM rs