HomeMy WebLinkAbout1988 December Planning Commission MinutesINDEX
1988 PLANNING COMAIISSION MINUTES
JANUARY 7,
1988:
STAFF
SUBDIVISION ORDINANCE AMEND
DENNIS FITZGERALD
SUBDIVISION "THE TREES" P.P.
PAUL/SUE BRECKNER
VARIANCE
DAN DUOOS
VARIANCE
JANUARY 21,
1988:
H&H LAND DEVELOPMENT
P.U.D. AME DMENP(WIND SONG)
KAY SCHMUDLACH
DOWNTOWN REDEVELOPMENT
DAN DUCOS
VARIANCE (CONT.)
PAUL BRECKNER
VARIANCE (CONT.)
LARRY GENSMER
VARIANCE
FEBRUARY 4,
1988:
LARRY GENSMER
VARIANCE (OONT.)
KAY SCHMLDIACE
DOWNTOWN REDEVELOPMENT (CONT. )
STAFF
P.C. REPRFAT AGENDA
FEBRUARY 18,
1988:
LAKESIDE MARINA
EXPANSION OF NUN CONFORMING USE
PROPERTIES, INC.
WINDSONG ON THE LAKE
P.U.D. AMENDMENT
STAFF
ZONING ORDINANCE AMENDMENT
MARCH 3, 1988:
NO PLANNING COMMISSION
MEETING DUE TO LACK OF ITEMS.
MARCH 17, 1988:
STAFF SIGN C DINA= MEMDM ENT
STAFF TAX INCREMENT FINANCING
INDEPENDENT SCHOOL VARL&JE /CONDITIONAL USE
DISTRICT #719 PERMIT
APRIL 7, 1988: BARB & EDMUND IARKA VARIANCE
APRIL 21, 1988: JAMES DUMNA AKFSIDE NUN- CDMPORMING USE
MARINA
ROD STANL(WICH/ ODMDITIONAL USE PERMIT
CABOOZE CRUISE LINES EXPANSION
JAN BRIXIUS CO DITIQDIL USE PERMIT
ROBERT DIETRICH VARIANCE
KENNETH HEDBERG SHORELAMD VARIANCE
KENNETH HEDBEEG LAKESHORE VARIANCE
HORST GRASER IAKESHM VARIANCE
MAY 5, 1988:
MAY 19, 1988:
JUNE 2, 1988:
JUNE 16, 1988:
JULY 7, 1988:
INDEX
1988 PLANNING COMMISSION M1NUI'FS
EDWARD BERENS HOME OCCUPATION PERMIT
KAY SCRMODLAC -I DOWNTOWN DEVELOPMENT/
HIGHWAY 13 UPDATE
MATTHEW NIEL,SON SAVAGE DEVELOPMENT /LAND USE
SAVAGE PLAN /ZONE ADMIN
DF, o
a /
r -•
VARIANCE CUNT.)
CONDITIONAL USE PERMIT (CONT.)
NUN — CONFORMING USE (CONT.)
VARIANCE
SHONM AND VARIANCE
SAVAGE CITY PIANN WbISCUSSION
LAND USE DEVELOPMENT
. «•..,1 it N:n •,•
�• � >rr
CHARLES YOUN3VORST
EDGENE O'KEEFE
MICHAEL. McGAREY
JOHN B. KELLY
LARRY GENSMER
(REED'S ISLAND, INC.)
P.F. INC. (AN3 D)
6 40 Its
«"
liti•• «-
/ 4 k,10 ; a F . , « .
SIGN VARIANCE
II
SING • '"
•1 C is•
• ri•. 7 , 1
NON CONPOAMING USE
EQ'ANSICK (CONT.)
VARIANCE WONT.)
VARIANCE (COMP.)
JULY 21, 1988: ST E P HEN COLIME HOME OCCUPATION PA4 1
MOHONALa) BUILDERS VARIANCE
« HAUGEN VARIANC
ROBERT PASCHIM SHORELAND VARIANCE
�,VAF «' HW 13 TASK .•.r
AUGUST 4, 1988:
AUGUST 18, 1988:
SEPTEMBER 1, 1988:
SEPTEMBER 15, 1988:
OCTOBER 6, 1988:
OCTOBER 20, 1988:
NOVEMBER 3, 1988:
NOVEMBER 17, 1988:
DECEMBER 1, 1988:
DECEMBER 15, 1988
INDEX
1988 PLANNING COMMISSION MINUTES
NO MEETING
ROD STANKOVICH
STAFF
PLANNING COMMISSION
VARIANCE
SUB. ORD. AMENDMENT
ROD STANKOVICH/
VARIANCE (CONT.)
NO MEETING `
CHARLES BRAZIER VARIANCE
ARID RHOADS LAEESHORB VARIANCE
(CONTINUATION)
STEVEN NIOSI VARIANCE
STEPHEN P. COLLINS HOME OCCUPATION
REEDS ISLAND INC. VAR'. & CONDITIONAL
USE PERMIT
CITY OF PRIOR LAKE
PLANNING COMMISSION
AGENDA
DECEMBER 15, 1988
7:30
P.M.
CALL TO
ORDER
7:30
P.M.
REVIEW MINUTES OF PREVIOUS MEETING
7:35
P.M.
HEARING
LAKESHORE VARIANCE ARIA RHOADS
7:40
P.M.
HEARING
LAKESHORE VARIANCE ARID RHOADS
(612) 447.4230 4029 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 66372
CITY OF PRIOR LAKE
PLANNING COMMISSION
MINUTES
DECEMBER 15, 1988
The December 15, 1988 Prior Lake Planning Commission was called
to order at 7:30 P.M. by Chairman Wells. Present were
Commissioners Loftus, Roseth, Wells, Arnold, City Planner Graser
and Assistant City Planner Garross.
Not present was Commissioner Kedrowski.
TTRM T - 4PVTFw MTMnTFC nr DDCVTAIM MVVMTMP_
MOTION BY ARNOLD, SECONDED BY ROSETH, TO APPROVE THE DECEMBER 1,
1988 PLANNING COMMISSION MINUTES AS PRESENTED.
Vote taken signified ayes by Arnold, Loftus, Roseth, Wells.
Commissioner Kedrowski arrived at 7:40 P.M.
ITEM II - LAKESHORE VARIANCE FOR ARLD RHOADS
Continued from December 1, 1988, Planning Commission Meeting.
First discussion is on lakeshore setback variance and second
lakeshore variance is on sewage system.
Renee Rhoads, 13429 South Robert Trail, Rosemount, MN stated they
are requesting a variance to build a summer home on Reeds Island
for summer and possibly winter use. A letter dated December 12,
1988, was submitted to the Planning Commission, outlining the
details of the proposal.
City Planner Graser, reviewed the issues for the Commission to
consider. The applicant is requesting lakeshore variances for
the construction of a 36x40 foot dwelling on Reeds Island and
variances for an on -site septic system. Mr. i Mrs. Rhoads filed
an application to install a septic system on the island
requiring a 39 foot variance to the northwest 904 contour line
and 25 foot variance to the southeast 904 contour line in
accordance to Plan A, as reviewed by the City Building Official.
(812) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE. MINNESOTA 55372
Pianning Commission Minutes December 15, 1988 Page 2
Mr. Graser reviewed the application in terms of the following
issues raised by the Planning Commission.
1. On -site septic system: Building Official Staber, recommends
Plan A be adopted if the Commission grants the variance. Other
alternatives would be a sealed system or an incinerator.
2. Dock issues:- The northwest and southwest parts of the island
were identified as proposed dock locations.
3. Exterior materials: Proposed consists of cedar siding,
Anderson Casement windows and 150 lb asphalt shingles.
4. Mainland parking: Parking will be provided on property owned
by Rod Stankovich in the Blohms First Addition adjacent to County
Road 21.
5. Distance to the Mainland: Distance from island to the point
of Breezy Point is approximately 400 feet plus or minus, and
approximately 800 feet plus or minus from the proposed building
location to the first home on Breezy Point.
6. Erosion control: Large rocks and a filter blanket have been
placed on shoreline. Erosion control during construction can be
ordered by the Building Inspector.
7. Standards: The four points which address the variance and
are the common elements used to analyze variances. The
information provided by the applicant were not well developed and
lack detail.
8. well construction: A well is being constructed by the
applicant. Setbacks for wells are 50 feet from the 904 line if
it is a deep well, if less than 50 feet in depth the set back is
100 feet from the 904 line. A variance may be needed for a
future well on the island depending on the depth of the well.
9. House plans: Mr. Graser reviewed the proposed floor plan and
stated that the elevations provided did not correspond to the
proposed floor plan.
Mr. Graser reported that Staff recommends approval of the
variance.
Steve Viet, 5257 Columbus Ave. Minneapolis, MN, Architect for
the applicants, clarified the floor plan for the Planning
commission.
Tom Foster, 5283 Frost Point, Prior Lake, MN, questioned the
intentions of the applicants with regard to the type of septic
system that will be installed. Mr. Foster would like serious
consideration to be given to installation of a holding tank.
Planning Commission Minutes December 15, 1988 Page 3
Chairman Wells read a letter submitted by Mr. Cy Schweich, dated
December 15, 1988, expressing concerns for a well variance,
single family dwelling, elevation of lake with respect to lower
elevation of septic system, and boat slip locations. Mr.
Schweich felt the island would be buildable with public water and
sewer.
Tom Sclick, 15213 Edgewater Circle, Prior Lake, (phone call on
December 15, 1988) voiced opposition to the approval of this
variance.
Barb Stark (letter dated December 15, 1988) expresses that
guidelines should be kept and the island should be deemed
unbuildable. Ms. Stark felt the variances were excessive.
The Planning Commissioners reviewed the application and felt that
a holding tank would be better than a septic system. The
Commissioners felt that the applicant had answered all questions
and had no objections to granting the structural variance. The
Commissioners reviewed a passage from Randy Bennett's letter
(City Attorney Staff) stating that the City is not liable if
unable to provide safety protection such as Fire, Police and
Ambulance to the island. Questions were raised concerning the
decks, the applicant reported that no decks are being proposed at
this time.
Mr. Rhoads indicated that they anticipate drilling a deep well
and he would install a holding tank instead of a septic system if
the Commissioners so desire.
MOTION BY ARNOLD TO APPROVE THE FOLLOWING VARIANCES FOR BUILDING
A STRUCTURE ON REED'S ISLAND:
1. 56 FT. TO THE HE CORNER OF
TO THE 904 CONTOUR LINE.
2. 52 FT. TO THE NW CORNER OF
TO THE 904 CONTOUR LINE.
3. 63 FT. TO THE SW CORNER OF
TO THE 904 CONTOUR LINE.
4. 30 FT. TO THE SE CORNER OF
TO THE 904 CONTOUR LINE.
THE PROPOSED CABIN
THE PROPOSED CABIN
THE PROPOSED CABIN
THE PROPOSED CABIN
IN THAT THE APPLICANT HAS SATISFACTORILY ANSWERED ALL THE
CONCERNS OF THE PLANNING COMMISSION, THE SIZE OF THE CABIN IS
REASONABLE AND THE LOCATION IS THE LOGICAL PLACE FOR THE CABIN IN
ORDER TO MEET FLOOD PLAIN REQUIREMENTS. MOTION SECONDED BY
KEDROWSKI.
AN AMENDMENT TO THE MOTION REQUIRES TWO OFF SITE PARKING SPACES
BE PROVIDED: DOCKS BE LOCATED ON SW AND NW SIDE OF ISLAND.
AMENDMENT TO MOTION ACCEPTED BY ARNOLD AND KEDROWSKI.
Vote taken on motion, ayes by Arnold, Kedrowski, Loftus, Roseth,
Wells; the motion carried unanimously. This item will go to City
Council for review.
Planning Commission Minutes December 15, 1988 Page 4
MOTION BY KEDROWSKI THAT THE SECOND VARIANCE REQUEST FOR THE C
SEPTIC SYSTEM, 36 FEET NW 904 CONTOUR LINE AND 25 FEET SE 904
CONTOUR LINE BE DENYED. SECONDED BY ROSETH.
Vote taken signified ayes by Arnold, Kedrowski, Loftus, Roseth,
wells; Motion carried unanimously.
MOTION BY KEDROWSKI THAT A SEALED SEPTIC SYSTEM BE INSTALLED AND
THE PUMPING RECORDS BE SUBMITTED TO CITY STAFF IN A TIMELY
MANNER. SECOND BY ROSETH.
Vote taken signified aye .y Arnold, Kedrowski, Loftus, Roseth,
Wells; Motion carried unr mously.
OTHER BUSINESS
Mr. Graser discussed information concerning the Retreat and
indicated the topic would likely be Long Range Water
Management.
MOTION TO ADJOURN BY ROSETH. SECOND BY REDROWSKI.
Ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; Motion carried
unanimously.
* Tape of meeting on file at City Hall.
Horst Graser Rita Schewe
Director of Planning Recording Secretary
CITY OF PRIOR LAKE
MEMORANDUM
DATE: DECEMBER 15, 1988
TO: PLANNING COMMISSION
FROM: HORST GRASER, DIRECTOR OF PLANNING
RE: RENEE AND ARIA RHOADS LAKESHORE AND SEPTIC SYSTEM
VARIANCE
BACKGROUND:
This item came before the Planning Commission on December 1,
1988. After lengthy discussion, the item was continued to
December 15, 1988, in order to give the applicant time to address
the following items raised by the Planning Commission:
1. Details concerning the type and location of septic system
proposed.
2. Proposed dock location and number.
3. Explanation of the type of materials proposed for the
exterior of the seasonal dwelling.
4. Details concerning the proposed method to access the island
and designation of two mainland parking spaces.
5. Determination of the distance of the island to the mainland
and to the nearest home.
6. Method of erosion control proposed for the construction phase
of the dwelling.
7. Written statement addressing how the proposed a plication
meets the variance standards found in Section 7.6(Cg of the
Zoning ordinance.
DISCUSSION:
In an effort to address the concerns of the Planning Commission
the applicant submitted the attached response, in letter form
addressed to Horst Graser. The applicant addressed the issues as
follows:
on Si te Se tic System: The applicant has filed a variance
for an on site septic system. Two options have been
submitted. Plan A is the alternative that is recommended by
Gary Staber, City Building Official. (See attached memo
dated December 13, 1988 to Horst Graser). The DNR has also
received the plan and recommends the installation of a valve
for protection in the event high water or flooding should
occur.
(612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 5072
2. Dock Issues: Have been addressed in general terms. The
area for d6cks is shown on the attached site plan. The docks
are proposed to be located on the northwest and southwest
,carts of the island, depending on high or low water seasons.
3. Exterior Materials: Will consist of cedar siding and
Anderson Casement Windows. The roof will be shingled with
150 lb. asphalt shingles.
4. Mainland Parkin : Has been provided by Rod Stankovitci in
the attac ed "Standard Purchase Agreementn document which
indicates a legal description in Blohms Addition as parking
area.
5. Distance to
avai a e in
400 feet +/-
nearest home
the distance
feet.
:he Mainland: According to 1987 aerial photos
e� PTann'ing Department, the island is located
from the mainland and 800 feet +/- from the
in Breezy Point. The applicant has stated that
form the island to the nearest home is 1000
6. The erosion of the shoreline has been restricted by the
placement of large rock and a filter blanket along the
shoreline. Erosion control should also be installed during
the construction phase of the structure. The Building
official can require erosion control measures be implemented
as a building permit requirement.
7. The standards for considering variances are found in the
Zoning Code and are addressed in part 4 of the letter from
the applicant. The a plicant °s rational is not well
developed and lacks detail.
overall, staff believes the applicant has a good case for
receiving a variance. The island has no buildable area and
the proposed site is the only logical place for a building and
septic system. An argument can be made however as to the size of
the structure which is 36 x 40 feet and totals 1,440 square feet.
A reduction in the size of the building will reduce thee impact
on the island in terms of variances and visual impression.
However, reducing the cabin size by perhaps 300 or 400 square
feet will have no significant affects on the environment.
The critical issue is the on site septic system, how well it
functions and is maintained. High water may render the system
unusable for long periods of time.
PLANNING COMMISSION
AGENDA
DECEMBER 1, 1988
7:30 P.M. CALL TO ORDER
7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING
7:35 P.M. HEARING VARIANCE RENEE & ARLO RHOADS
(812) 447.4230 4828 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372
1 11 • •
PLANNING COMMISSION
MINUTES
DECEMBER 1, 1988
The December 1, 1988, Prior Lake Planning Commission meeting was
called to order at 7:30 P.M. by Chairman Wells. Present were
Commissioners Arnold, Kedrowski, Loftus, Roseth, City Planner
Graser, and Assistant City Planner Garross.
ITEM I - REVIEW MINUTES OF PREVIOUS MEETING
MOTION BY ARNOLD, SECONDED By KEDRowsRT APPROVE THE NOVEMBER
17, 1988, PRIOR LAKE PLANNING COMMISSION MINUTES AS PRESENTED.
Vote taken signified ayes by Arnold, Kedrowski, Loftus, Roseth,
Wells; the motion passed unanimously.
ITEM II LAKESHORE VARIANCE FOR ARLO & RENEE RHOADS
Proposal to build 36x4 seasonal dwelling on Reed's Island Prior
Lake. Request lakeshore variances.
Renee Rhoads, 13429 South Robert Trail, Rosemount, MN, indicated
that she and her husband would like to build a second home on
Reed's Island and are requesting variances for the structure as
follows:
1.
56 ft.
to the
HE
cabin
to the
904
2.
52 ft.
to the
NW
cabin
to the
904
3.
63 ft.
to the
SW
cabin
to the
904
4.
30 ft.
to the
BE
cabin
to the
904
corner of the proposed
contour line.
corner of the proposed
contour line.
corner of the proposed
contour line.
corner of the proposed
contour line.
Mr. Horst Graser, City Planner, reviewed the variances on a map
of the proposed building site. A similar application came before
the Planning Commission June and July 7th for Reeds's Island
which was approved. The City Council denied the variance at a
subsequent hearing appeal. Mr. Graser reported that the variance
(612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372
.,ior bake Planning commission December 1,1988 Page 2
_.t denied over issues of corporate ownership, land use, health
rIr'd welfare issues which were brought out during the Council's
1i scussion.
Mr. Graser had two recommendations for the Commission regarding
the Rhoads variance.
1) one is to conti:,ue the variance, to allow the applicant time
to show the difference from the similar application presented to
the Council earlier this year. The applicant should address each
issue that the Council outlined in their motion denying the
variance.
2) The Commission could consider the application as a new
application and differentiate between this and the previous one
by Reed's Island Inc.
Comments from the floor were made by:
George Koblas, 5201 Frost Point Circle
Bruce Peters, 5004 Condon's St. S.E.
Edward Doebel, 15365 Breezy Point Road
Tom Watkins, 5242 Frost Point Circle S.E.
Rod stankovich, 5512 Candy Cove Trail
John Roberts, 187 Edgewater Circle - phone call
The following comments were registered at the hearing:
- Applicant should put in writing how he would overcome
objections from City Council.
- Comprehensive Plan Amendment re: lakeshore.
- That development remain single family, not become commercial
- Number and length of docks be specified.
- Information made part of this issue, use of property which is
unique.
- Concern that the waterway or channel could be constricted due
to dock location.
- variance requested is too excessive and should not be
approved.
Questions raised by the Planning Commission were on waste water,
wells, does Planning commission have authority to restrict
placement of docks, and general questions regarding the proposed
septic system.
Larry Gensmer reported that he felt the application materials
were adequate. He had thought all items were in complaince.
Discussion followed by the Commissioners on the variance.
General consenus was that this item be tabled in order to allow
the applicant to address the issues brought out by the Council
and allow the City Council to review the application. Placement
of docks is important also. Written documentation to address
Prior Lake Pla.r. :r,inq Commission December 1, 1988 Page 3
issues such as septic system variance, dock location, access to
the island and parking should. be ::cnsidered at this time. The
island is a urn clue piece of property, therefore, the four
variance tests should be addressed by the applicant. 1. Literal
enforcement of the ordinance would result in undue hardship with
respect to the property. 2. Such unnecessary hardship results
because of circumstances unique to the property. 3. The
hardship is caused by provisions of the ordinance and is not the
result of actions of persons presently having an interest in the
property. 4. The variance observes the spirit and intent of
this ordinance produces substantial justice and is not contrary
to the public interest.
Mr. Graser stated that the Planning Commission be specific in
stating what they will require of the applicant.
MOTION BY ROSETH TO CONTINUE TO DECEMBER 15, 1988 AT 9:00 P.M. SO
THAT THE FOLLOWING ITEMS CAN BE ADDRESSED:
#1 - FLOOD PLAIN ORDINANCE ELEVATION REQUIREMENTS BE SATISFIED
AND DOCUMENTATION BE PROVIDED.
#2 - DOCUMENTATION AND INFORMATION ABOUT THE WASTE WATER
SITUATION BE SUBMITTED.
#3 - EROSION CONTROL MEASURES BE IMPLEMENTED.
#4.- APPLICANT ADDRESS THE FOUR TESTS REQUIRED UNDER THE
ORDINANCE FOR VARIANCE.
#5.- THAT STRUCTURAL PLANS BE PROVIDED.
#6.- LOCATION OF DOCKS BE PROVIDED.
#7.- PLANS FOR OFF PROPERTY PARKING SITE ON THE MAINLAND BE
PREPARED AS REQUIRED BY RESOLUTION 78 -22.
#8.- DOCUMENTATION OF THE DISTANCE FROM THE ISLAND TO THE
MAINLAND.
#9 - STATEMENT STATING THE ABILITY OF THE CITY TO PROVIDE
CITY SERVICES TO THE ISLAND.
MOTION SECONDED BY LOFTUS.
Vote taken on motion, ayes by Arnold, Kedrowski, Loftus, Roseth,
wells; the motion carried.
comment from the floor by Mr. Watkins was to clarify his position
on the Reeds Island. Mr. Watkins stated previous Council review
appeal of the Planning Commission on Reed's island.
MOTION TO ADJOURN THE DECEMBER 1, 1988 PLANNING COMMISSION
MEETING BY CHUCK ARNOLD, SECONDED BY KEDROWSKI.
Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth,
wells; the motion passed unanimously. The meeting adjourned at
8:45 P.M.
Horst Graser
Director of Planning
Rita Schewe
Recording Secretary
* Tape of Planning Commission meeting on file at City Hall.
SUBJECT•
The applicants have proposed to to build a 36x40 foot seasonal
dwelling on Reeds Island in Prior Lake. The following lakeshore
variances are required:
1. 56 ft. to the NE corner of the proposed
cabin to the 904 contour line.
2. 52 ft. to the NW corner of the proposed
cabin to the 904 contour line.
3. 63 ft. to the SW corner of the proposed
cabin to the 904 contour line.
4. 30 ft. to the SE corner of the proposed
cabin to the 904 contour line.
STAFF ANALYSIS•
This item came before the Planning Commission on July 7, 1988
under the applicant of Reeds Island Inc. The current applicant
has a purchase agreement with Reeds Island Inc. to buy the island
with a 36x40 ft. seasonal cabin to be constructed by the seller.
The current proposal is virtually identical to the one that came
before the Planning Commission in July of 1988. The Commission
voted unanimously to approve the variance with the following
conditions.
1. FLOODPLAIN ORDINANCE ELEVATION AND FILL REQUIREMENTS BE
STATISFIED.
2. WASTE WATER SITUATION PERTAINING TO THE PROPOSED KITCHEN
BE ADDRESSED TO THE SATISFICATION OF STAFF.
3. THE APPLICANT REDESIGN THE LOCATION OF THE PROPOSED
DECKS IN A MANNER WHICH MINIMIZES THE AMOUNT OF VARIANCE
REQUIRED.
4. EROSION CONTROL MEASURES BE IMPLEMENTED IMMEDIATELY UPON
REMOVAL OF ANY VEGETATION OR GROUND COVER AND NATURAL
VEGETATION BE RESTORED IMMEDIATELY UPON COMPLETION OF
CONSTRUCTION.
(612) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372
s- ..absequent to the Planning commission action on the variance the
+.,,_.y council felt that issues relative to the variance warranted
,' f urther review and study. These issues included corporate
cwnership vs single family ownership; land use; whether a
seasonal cabin is a single family dwelling and on site
dFvelopment constraints. Because these issues were
, _nsatisfactorly resolved the variance was denied for the
following reasons:
1. Applicant's have failed to meet the four tests required
under the ordinance for a variance.
2. Different structure may be possible to be built on the
island which would comply with the ordinance without the
need for lot variances.
3. The structure as submitted to Council is not a seasonal
dwelling as compared to previous structures approved in
the community of Prior Lake. The structure does not
comply with the Uniform Building Code which specifies
that either a bathtub or shower be included in the
bathroom to be classified as a dwelling.
4. The characteristics of this island make it unique and
long term aspects of the property should be considered.
5. Ability of City to provide City services, including
utility service to be addressed by the Planning
Commission before any structure is constructed.
The current proposal by Mr. & Mrs. Rhodes includes the identical
site plan as Reeds Island Inc. with the only exception a deleted
10x24 deck on the northwest wall of the cabin. All other
setbacks are identical. The interior of the purposed 1440 sq.
foot structure is altered to include a full bath and bedroom in
addition to a kitchen and family room. Although the disposal of
waste water is not mentioned in this application. The applicant
desires to have a site leaching system. The setback for such a
-ystem is 75 feet from the 904 contour line. In this case it
..11 also require a variance from the Planning Commission. A
system has been designed and approved by the DNR for the island.
The same waste treatment system has been submitted to Prior Lake
staff but has not been reviewed with respect to the proposed
occupancy of the cabin.
STAFF RECOMME
mn,s apapplication appears to continue circumstances which are
different than the application. of Reeds Island Inc. However the
applicant has for whatever reason chosen not to differentiate
between his variance and that of Reeds Island. The applicant
should specifically address the five conditions outlined as part
of the motion denying Reeds Island Inc. variance with respect to
the his variance request. Since the two variances are very
similar the Council's conditions for construction on the island
must be dealt with. The item should be tabled until the
until the applicant is prepared to provide this comparative
analysis.