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HomeMy WebLinkAbout1988 July Planning Commission MinutesPLANNING COMMISSION mrwnFs JULY 21, 1988 The July 21, 1988, Prior Lake Planning Camnission meeting was called to order at 7:35 P.M. by Chairman RDseth. Present were Camnissioners Arnold, Kedrowski, Loftus, Wells, City Planner Graser, and Assistant City Planner Garross. ITEM I - REVIEW MINC= OF PREVIOUS M qmp MOTION BY WELLS, SEOMW BY ARNOLD, TO APPROVE THE JULY 7, 1988, PRIOR LAKE PLANNING COMMISSION MINUTES AS PRESENTED. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, RDSeth, Weller the motion pawed unanimously. ITEM IT HOME OCC_mATION PERMIT RED= BY =2W2 COU= Mr. Collins stated that he is negotiating the sale of his home at 4500 Colorado Street to the City of Prior Lake due to the Duluth Avenue extension and buying another hone at 5138 Credit River Road. He acquired a Name Occupation Permit granted by the City Council six years ago to operate a photography studio out of his hone at 4500 Colorado Street. Purchasing the base at 5138 Credit River Road is contingent upon approval of a Hane Occupation Permit. Assistant City Planner Garross commented per memo dated July 21, 1988. The Planning Commissioners discussed this item with regard to complaints and parking. MOTION BY KEDROWSKI, SEOONDED BY ARNOLD, TO APPROVE A HOME OCCUPATION PERMIT FOR STEPHEN COLLINS AT 5138 CREDIT RIVER ROAD, SINCE IT IS MOT DET RIMMM TO THE GENERAL HEALTH AND WELFARE OF THE COMMUNITY, H^AMMR, IF AMR COMPLAINTS AM RECEIVED RWaMING THE PHOTgGRAPHY STUDIO, THE APPLICATION WOULD BE BROUGHT BACK BEFORE THE COMMISSION FOR AUIOMATIC REJIEW- upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roeeth, Wells; the motion passed unanimously. (892) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 PLANNING COMMISSION MINMW JULY 21, 1988 ITEM III - VARIANCE REQUEST BY MAHMACD WELDERS Mx. Bernie Mahowald, representative, stated that Ardis Berg bought a year rand hone on Prior Lake and would like a garage and a lakeside deck. The existing shed would be removed and a 22' X 24' garage built. Ms. Berg is requesting a variance for a 10' upper deck over an existing deck. The lots are all very s.,all and shallow and the only location for a garage would need a variance. Assistant City Planner Garross cam anted per mew dated July 21, 1988. Canments fran the area residents were in favor of the garage and deck addition. The Planning Camnissioners discussed the garage and deck addition with regard to setting a precedent for the lakeshore variance request. MOTION BY MMRCWSRI, SBWNU D BY LOFTUS, TO APPROVE A 16.5 POOP REAR YARD VARIANCE AND A 5 FOOT BO0M SIDE YARD VARIANCE FOR 14698 COVE AVENUE, SINCE THE GARAGE VARIANCES ARE OOISSISTENT WITH PREVIOUSLY SET PRECEDENTS AND NOT DETRIMENTAL TO THE GENERAL HEALTH AND WELFARE OF THE 0OMMUNITY. Upon a vote taken, ayes by Arnold, Xedrowski, Loftus, Roeeth, Wells; the motion passed unanimously. MOTION BY EEDRQWSKI, SEXXNDED BY ARNOLD, TO DENY THE 57 FOOT LAKES VARIANCE, FOR A DECK AT 14698 COVE AVENUE, SINE IT IS N0T CONSISTENT WITH PREVIOUS ACTIONS OF THE ODWaSSION AND NO HARDSHIP WAS SHOWN. Upon a vote taken, ayes by Arnold, Eedrowski, Roseth, Wells nay by Loftus; the motion carried. (Commissioner Loftus felt that there was a hardship since they were building a deck over an existing deck and the deck would not impair site lines of other structures in the area.) ITEM IV - VARIANCE REQUEST BY JACK HAUGEN Jack Haugen stated that he is requesting a variance to locate an 18' X 36' swimming pool on Lot 2, Block 2, Gateway Shores. They also awn Lot 1, Block 2, Gateway Shores where the house is located but there is no feasible location for a swinmirg pool. The hardships for the specific location are: 1. Restricted sun 2. Tree hindrance and potential drainage problems from roof of house 3. 'significant 20' terrain drop -off from the house which would mandate retaining .calls costing about $12,000 and $15,000. Also, Mr. Haugen is applying to the c=ity for a vacation public hearing to consider vacating the drainage and utility easement on Lot 2, Block 2, Gateway Shores. The variance is requested since the only location available would require a 3' variance. Assistant City Planner Garross commented per memo dated July 21, 1988. The Caimissioiers discussed the variance request but had no problems with the request. C3 '.'.,PTLNC; COPITTSSION MTNEMES JULY 21, 1988 -i v;'7 ON BY ARNOLD, SECONDED BY WFIVS, TO APPROVE A 3 FOOT NORTH SIDE VARIANCE pit LJ!.' 2, BL.00T( 2, GATEWAY SHORES, 4824 ADRIAN CIRCLE SE, FOR A SWIMMING POOL 'SPIIQGFTTT UPON: 1. IN THE EVENT THAT LOT 2 IS SCUD SEPARATELY FROM LOT 1, THE POOL MUST BE REMOVED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR LOT 2. 2. THE APPROVAL OF THE VARIANCE BE OJETTINGINT UPON THE VACATION OF THE 10 FOOT DRAINAGE AND UTILITY EASEMENT. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Walls; the motion passed unanimously. rrEM V - SBORELAND VARIANCE REQUEST BY ROBERT PN%= Jim Bates, representative, commented that the applicant is requesting a lot split for smaller lots than the ordinance allows and variances would be needed. This request is consistent with the area. These lots would hare a garage so congestion and parking should not be a problem. City Planner Graser commented per memo dated July 21, 1988. The area residents were concerned with adding more density to the area which is already crowded, parking and traffic on a small narrow 20' roadway, snow removal, a:.d safety for the residents in this neighborhood. The stone house on the subject site should be preserved for a historical site not torn down and two new homes put up. MOTION BY WELLS, SECONDED BY KEDRCWSKI, TO DENY THE SBOREbAND VARIANCE REQUEST OF: TRACT A: 1,000 SQ. FT. LDT SIZE VARIANCE 35 FOOT LOP WIDTH VARIMKE TRACT B: 300 SQ. FT. LOT SIZE VARIANCE 3'i FCA11' LOT WIDTH VARIANCE BY ROBERT PASCHKE FOR IAA 13, 14, AND P/0 15, INGLWDOEA BEACH, DUE TO A LACK OF E"ILL INFORMATION: 1. NEIGHBORHOOD OBJECTIONS FROM 3 INDIVIDUALS. 2. PROBLEM OF SAFETY WITS PRIVATE ROAD. 3. ODEAIISSIONERS CONSENSUS SUPPORT LOT AREA VARIANCE BUT HAVE CONCERN WITH ROAD. THE VARIANTS ARE WITHIN THE CHARACTER OF THE NEIGHBORHOOD AND PREVIOUS VARIANCE RDQUFSTS. 4. SINCE UNDECIDED AS TO ACTION, COUNCIL SHOULD VIEW LOT IF APPEALED. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Wells; nay by Roeeth; the nation carried. wA tape of this hearing will he on file in the office of the City Planner as ,, fficial record. this time a 2 minute recess was called. The meeting resumed at 9:35 P.M. 3 1 7N ODINTIISSPON F4IhT.PfES J`J..Y 21, 1988 i,,sistan*_ City Manager Ray Schmudlach introduced the Highway 13 Task Force t.ca:unittee and updated the Commission on the Highway 13 Task Force Public Hearing held June 30, 1988. Local Representatives and WD6T stated they would reduce the speed limit on Highway 13 to 45 miles per hour from County Road 42 and 13 to Fish Point Road, and change the deadline for the Cooperative Agreement for 1989 so the Task Force could be included. Ms. Schmudlach asked the Planning Commission for support for a Comprehensive Plan amendment dealing with the safety aspects of Highway 13. staff felt the Comprehensive Plan would not be the place for the Highway 13 impact. MMON By Almm r•• .1. ?I ', }FF'.• Y'1 -1 11'N 1:1" JULY •' ii• 11 COMMISSION '.S" 1.• Upon. a vote taken, ayes by Arnold, Redrewski, Loftus, Aoseth, wellsj the motion passed unanimously. The meeting adjourned at 10:16 P.N. •-': r'7Cr' 9i•1 "'.• j %1 +Y' V •! 4 PLANNING COMMISSION AGENDA JULY 21, 1988 7:30 P.M. GALL TO ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MEETING 7:35 P.M. HEARING HOME OCCUPATION PERMIT 7 :45 P.M. HEARING 8:00 P.M. HEARING 8:15 P.M. HEART.IG 8:30 P.M. DISCUSSION SHOREUM VARIANCE HWY 13 TASK FORM r err (912) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 65372 PLANNING COMMISSION AGENDA JULY 7, 1988 7 :30 P.M. CALL TO ORDER 7:30 P.M. REVIEW MINUTES OF PREVIOUS MBETIM 7:35 P.M. PUBLIC BEARING 8:30 P.M. HEARING 8:45 P.M. HEARING 9:00 P.M. HEARING •• .. _fir:,,: • .�: (812) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA SS37Y PLANNING COMMISSION MIPUIM JULY 7, 1988 The July 7, 1988, Prior Lake Planning Commission meeting was called to order at 7:35 P.M. by Chairman Roseth. Present were Commissioners Arnold, Kedrowski, Loftus, Wells, City Planner Graser, and City Attorney Glenn Kessel. 9y_� . �w �. , �� 3•:a7a:rai(ri�Y !ray+ u , • u a . » Upon a vote taken, ayes by Arnold, Redrwski, Loftus, Roseth, wells; the motion passed unanimously. Clint Chamberlain, Marina Consultant and representative, stated that they are requesting 99 boat slips. In return, they will Unit public launching to "ice-in" and "ice -out" only, since launching is a sufficient form of revenue, they will need the 99 boat slips. They feel since Mr. Dann owns a strip of land along County Road 21, which is sham on the new sucve /, they should be able to acquire the 99 boat slips. They feel that the Comity read, at this time, should not be a concern here. Also the location of pier C out into the lake has been moved closer to the land and shouldn't be a probles with traffic through the channel. Several requests to the Scott County Sheriff's Department for input were sent with no reelanse (copies of these letters were submitted to the Commission for their records). If the 99 boat slips are approved they will came back with a satisfactory parking plan. City Planner Graser commented per memo's dated February 180 1988, and July 7, 1988. The major amendment tonight is to City Code 6-1 -A. Also the new survey submitted reduced the land mass to 1.5 acres, whereas the former survey did not give the land area. William Nevins, Scott County Sheriff, commented that pier C is a potential hazard for traffic congestion since more space is needed for boat flow through the channel. State Statutes state that whoever has jurisdiction on the lake must watch out for hazards and remove anything that will create a problem. They are entirely against pier C. (812) 447.4230 4629 DAKOTA STREET S.E. PRIOR LAKE, MINNESOTA 55372 :'7 Jahr7ICdG LLXJF5PISS ^ICN MIP�tYPES JULY 7. 1988 audience concerns were in regard to funding safety services by the public, who will enforce security, noise, traffic congestion (water and lard), pollution, property encroachment, trespassinq, parking problem, channel traffic flow, shore erosion, and who issues the boat slip permits. Mr. (.Tamberlain stated that eliminating the public launching will reduce traffic, proper signage will eliminate land traffic problems, and marking the channel would be a god idea. The Planning Commissioners discussed this item and had concerns over amending the Zoning Certificate, location of docks, storage, landscaping, EAU report submitted with comments, signage, DNR's approval of 99 boat slips, parking overflow, and an accurate survey on file. MOTION BY KEDROWS'KI, SECONDED BY ARNOLD, TO ODNIMM THE NON C1010)RMING USE EXPANSION PUBLIC HEARING FOR JAMES DUNN OF LAKESIDE MARINA TO AUGUST 4, 1988 AT 7:35 P.M. DUE TO: 1. EAW REVIEWED BY STAFF AND COMMENTS ON THE EXACT PROCESS OUTLINED. 2. REDRAFT AMENDMENTS 6 AND 10. 3. PARKING SCHEME IN REGARDS TO AMENDMENT 10 ALSO ON SURVEY. 4. LANDSCAPING PLAN PROVIDING ADDITIONAL BUFFER MATERIALS. 5. AMENDMENT 10 REGMING PLAN FOR PARKING IF THE AREA NORTH OF THE SITE IS USED FOR OVERFLOW PARKING. 6. OUTSIDE STORAGE AREA DESIGNATED. 7. A TWO (2) WEER PERIOD FOR REVIEWING THIS ITEM. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wells; the motion passed unanimously. 'The tape of this hearing will be on file in the office of the City Planner. At this time a 3 minute recess was called. The meeting resumed at 9:52 P.M. ITEM III - EUGENE O'KEEFE VARIANCE RED CONTINUATION City Planner Graser commented per mesa dated June 16, 1988. The Planning Commissioners had no further comments on this item. MXITION BY ARNOLD, SECONDED BY KEDROWSKI, TO APPROVE A MINIMUM LOT AREA VARIANCE FOR LOT 35, FAIRVIEW BEACH, SINCE THE SITE IS LARGER THAN THE MINIMUM REQUIREMENT ESTABLISHED FOR LAKESHORE LOTS AND THE HARDSHIP IN TRIS CASE IS NOT THE RESULT OF ACTIONS OF THE PROPERTY OWNER, BUT DUE TO THE ADOPTION OF sHOREL.AFD MANAGEMENT RUGUfATIONS AND SINCE THIS VARIANCE WORLD NCTT BE DETRIMENTAL TO THE HEALTH, WELFARE OR PROPERTY VALUES OF THE OOMUNITY. Upon a vote taken, ayes by Arnold, Kedrwski, Loftus, HHoseth, wells; the motion passed unanimously. 2 MENT1 JCJLY 7, 1983 ,' III IV, - LAKEMIOR�, V11f2IM- E,RD2LIP B1 RY LAR GENSMER (REEDS !SLAM, INRC _42_�Plf It1UAT Bryce Hueroeller, Attorney and representative, stated that the request is for a structure to be built on Reeds Island which meets all the requirements of the omnq Ordinance for a variance. The hardship here is the unique circumstances of the property which has only one buildable site and that site needs a variance. The MR is not opposed as long as erosion control is enforced and that has been done. The second issue of concern, so it seems, is the informational use of the property. The use will be a private club /association with 5 members who own the island but perhaps sell shares to this association but keep the use on a single family basis. Other factors to the island would be the same as arty resident in Prior Lake of an R-1 single family area. City Planner Graser commented per me dated June 16, 1988. Also per DNR memo dated June 10, 1988 and City Attorney Glenn Kessel's memo dated July 1, 1988. Tan Watkins, 5242 Frost Point Circle, stated that the owners of Reeds Island have a right to use their invested property they purchased. Be feels that since the owners are up front with the private club use and not just a single family use, the private club use should be addressed at this time in a Conditional Use form as listed in the Zoning Ordinance. Dan Milligan, 5206 Frost Point Circle, asked that the people on Frost Point be notified if a Conditional Use Permit is applied for. The Planning Commissioners discussed the lakeshore variance request with regard to number of owners, R-1 single family zoned definition, utility services, fire and police protection, MR's comments on dockage, and if a Conditional Use Permit is needed before the variance request is given. City Attorney Glenn Kessel, stated that the Cam issioners should deal with the application before them which is a variance request for a single family cabin and not anticipate future uses or problems. MDTION BY ARNOLD, SECONDED BY KEDRCWSKI, TO APPROVE A 63 FOOT LAKESHORE VARIANCE FOR A SEASONAL CABIN ON REEDS ISLAND SINCE THIS IS AN APPLICATION FOR A SINGLE FAMILY DWELLING AND SINCE THIS IS A UNIQUE PIECE OF PROPERTY, SUBJECT TO: 1. FLOODPLAIN ORDINANCE ELEVATION AND FILL RIOUIRFMM BE SATISFIED. 2. WASTE WATER SITUATION PERTAINING TO THE PROPOSED KITCHEN BE ADDRESSED TO THE SATISFACTION OF STAFF. 3. THE APPLICANT REDESIGN THE IACATION OF THE PROPOSED DECKS IN A MANNER WHIM MINIMIZES THE AMOUNT OF VARIANCE Rte. 4. EROSION CONTACT. MEASURES BE IMPLEMWrED INNATELY UPON F04OVAL OF ANY VEGETATION OR GROUND COVER AND NATURAL VEGETATION BE RESTORED IMMEDIATELY UPON COMPLETION OF CONSTRUCTION. Upon a vote taken, ayes by Arnold, Kedrowski, Loftus, Roseth, Wellsi the motion passed unanimously. At 10:53 P.M. Commissioner Loftus excused himself due to an early morning commitment. T�il 7, 1988 J1,aAF._ar ! mmsb t1FS. - °QRE `ARI C" FE) I'SA' Donald Johnson stated that the request is for a 15 foot Lakeshore and a 2.9 foot north side yard variance for 14965 Pixie Point Circle, Tot 14 First Addition to €?.r. Johnson stated that Building Official, Gary Stater inspected the storage shed on April 27, 1988, and said everything was O.R. and wouldn't see r.. Johnson again until the final inspection. Fir. Johnson also stated that ths rxs2 told him that he could build 50' from the lakeshore. Mr. Johnson stated that Valley Engineering said the survey was difficult to do since the topography on the north side is difficult. However, after 8 days a letter was received stating that Mr. Johnson's Building Permit was revoked due tc inaccurate information and deception. Mr. Johnson felt that he was necar deceiving anyone since the hot tub was there a year already and the Building Permit had been approved and an inspection was done by the Building official. Zne building permit was for a storage shad but no one told Mr. Johnson what the definition of a storage shed was. He felt that the complaint received by staff from an area property owner was invalid since Mr. Sdmmidt lives same distance from the property and the adjacent property owners have never complained. City Planner Graser commented per memo dated July 7, 1988. Mr. John Coe, owner of lot 13 First Addition to Eastwood, felt that the north side yard variance would encroach his property line too drastically. Be would prefer a 10 foot setback as ordinance calls for. The planning Ccnmissioners discussed this item and commented on the application submitted for the variance, the Building Permit application, what is the hardship here, and ignorance is not a hardship. MOTION BY 10'.DRMMU, SECONDED BY MKW, To DENY 7EE 15 Poor LRMMME AND 2.9 FOOT N0127f1 SIDE YARD VARIANCE FOR 14966 PIXIE POINT CIRCLE, SINCE NO HARDSHIP HAS BEEN DEMONSTRATED AND 741E BUILDING PLRMIT HAS BEEN RUKKE). upon a vote taken, ayes by Arnold, Kedrowski, Rosethr nay by tP1181 the motion carried. MOTION BY ARNCID, SECONDED BY WELLS, 10 ADJOURN ME JULY 7, 1988, PRIOR LAKE PLANNING COMMISSION MEETING - uanimously. taken, ayes adjo at t11ce0kP.MROaeth. Malls; the mption pan sed , •.. a : N+ a•w 9'.,1'•.1 1' Y: Y'i. �